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1.0 Application
GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-county.com PIPELINE DEVELOPMENT PLAN ID PIPELINE DEVELOPMENT PLAN AMENDMENT (Check the box that applies) GENERAL INFORMATION (Please print legibly) > Name of Pipeline Owner: Enterprise Gas Processing, LLC > Mailing Address: 1100 Louisiana ➢ City: Houston Telephone: (303 )820-5607 State: TX Zip Code: 77002 Cell: (303 ) 319-6034 ➢ E-mail address:Cody Deru P.E. email jcderu@epco.com FAX: (303 ) 820-5601 ➢ Name of Owner's Representative, if any. (Attorney, Planner, Consultant, etc): ➢ PVCMI- Land Planning Division > Mailing Address: 1038 County Road 323 Telephone: (970 ) 625-5350 ➢ City: Rifle > E-mail address: phil@pvcmi.com State: C° Zip Code: 81650 Cell: ( 970 ) 379-0428 FAX: (970 ) 625-4522 ➢ Description of Project: Construction of 2.1 miles of 20 inch diameter mainline extension suction pipeline and 11.6 miles of 10 inch diameter laterals, including pig launchers and pig receivers. ➢ General Location of Pipeline (Right -of -Way): T6S,R96W and T6S,R97W and T7S,R97W Please see Tab 2 of the application for detailed alignment sheets > Diameter and Distance of Pipeline: 2.1 miles of 20 inch diam. and 11.6 miles of 10 inch diam. > General Legal Description: Please see Tab 5 of the application for legal exhibits/agreements > Existing Use: Agricultural and Natural Resources Development ➢ Pipeline ROW Distance (in acres) 118.27 Acres Private > Zone District: Resource Lands- Plateau Zone District Last Revised 1/1/09 1. APPLICABILITY Pursuant to Section 9-102 of Article IX of the County's Unified Land Use Resolution of 2008, the Board of County Commissioners regulates Pipelines that are: 1) Greater than 12 " in diameter and over two (2) miles in length; or 2) Any pipeline more than five (5) miles in length, proposed to be located in the unincorporated area of Garfield County. A Pipeline Development Plan approval is required prior to the issuance of any County permit with pipeline operations. However, pipeline operations which do not require a building or other associated County permit must still obtain a Pipeline Development Plan approval under this resolution. II. SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. (Submit eight copies of the proposed development plan with the completed application form to the Building and Planning Department.) 2. Submit a cover letter explaining the purpose of the application including the pipelines, length and diameter, pipeline commodity, and the general description of the pipeline route. Attach any supporting materials that address the standards and criteria found in Article IX of the Unified Land Use Resolution of 2008. 3. Submit a letter from the pipeline ROW owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the proposed pipeline ROW. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24- 65.5-101, et seq. 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed pipeline to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Proof of Ownership A. For individual pipeline right-of-ways, submit a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. 8. Notice to Surface Owners. Provide evidence of surface owner notification and of surface use agreements where the surface owner is not a party to the mineral lease. 9. Regulatory Permit Requirements. Submit a table indicating the permit agency (local, state, federal) name, permit action driving task and the task to be performed to obtain the permit, prior to issuance of the permit by the County. 10. Primary Project Participants. Include the names, address and phone numbers of the company representative, company and individual acting as an agent for the company, construction company contacts, and federal and state agency contacts. 11. Project Facilities. Identify any permanent project facilities such as permanent right-of- way, widths, meter stations, compressor stations, valve sets, etc. Also indicate any temporary right-of-way, staging areas, width during construction, construction facilities, etc. 12. Construction Schedule. Indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. 13. Sensitive Area Survey: List the types and areas of concern within and adjacent to the pipeline right-of-way, such as: sensitive plant populations; identified cultural, archeological and paleontological resources; and wetlands identified during pre - construction environmental surveys. This rule does not apply in previously disturbed corridors or rights-of-way and/or areas permitted by the Colorado Oil and Gas Conservation Commission. 14. Revegetation Plan. 1. Submit a plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. 2. Submit a planting schedule that includes timing, methods, and mulching. 3. Provide a revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: a) A potential to facilitate the spread of noxious weeds b) A potential to impact watershed areas. c) A potential for visual impacts from public viewing corridors. d) Steep slopes (15% or greater) or unstable areas. e) Disturbs large area (Half an acre or greater) 4. The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site-specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation & Revegetation Standards Section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. 15. Weed Management Plan. A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. 16. Emergency Response Plan. Include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the operator to reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for the operator's activities at the site. 17. Traffic Impact. For construction traffic on county roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, county roads to be used, and percentage of the construction traffic that will travel on each listed county road. 18. Staging Areas. Indicate the general location of the staging areas required for pipeline construction. 19. Hydro -test Water. Indicate the quantity of water required, source of water and the disposition of the water after testing. III . REVIEW STANDARDS Pipeline Development Plans will only be approved if they have adequately met the following standards as required in Section 7-815. The Application should specifically respond to each of the following standards: 1. Right-of-way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production as a general guide. Non -perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. 2. 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. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: 1. Acoustically insulated housing or covers enclosing any motor or engine; 2. Screening of the site or noise emitting equipment by fence or landscaping; 3. A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and 4. Any other noise mitigation measures required by the COGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 3. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right-of-way shall be away from prominent natural features and identified environmental resources. b. Right-of-way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of slopes. c. Facilities shall be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 4. Access points to public roads shall be reviewed by the County Road & Bridge Department and shah be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to beginning operation. All proposed transportation right-of-way to the site shall also be reviewed and approved by the County Road & Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. 5. In no case shall an operator engage in activities which threaten an endangered species. 6. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. 7. All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. 8. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. 9. The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recon touring and revegetation of the surface to pre -disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. 10. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. Process for Pipeline Development Plan Application Review The review process for a Pipeline Development Plan is an administrative process with the ability for the Board of County Commissioners to "call-up" the application for a formal review. Note, the timelines outlined in this application only start once an application has been deemed technically complete. Please refer to Section 9-105 through 9-109 of Article IX for a more detail of this process 2. Referral and Review by Planning Director (Section 9-105). The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment. a. Referral comments on the proposed development shall be returned to the Planning Director no later than 18 days from the date of application for an individual site application and 30 days from the date of application for an area development plan. 3. Notice (Section 9-105(B)). Once the application has been deemed technically complete, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign (provided to the Applicant by the Planning Department) will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving a complete application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. 4. Director Review & Decision (Section 9-105(D)) Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development pian application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed, provided the applicant builds the pipeline in compliance with the application. 5. Board of County Commissioner "Call-Uo" (Section 9-109) Once the Director has determined the application to be approved, the Director will immediately notify the Board of County Commissioners (BOCC) of the approval. From this point, the BOCC has 14 calendar days to call-up the application. No development can occur of the pipeline project until this period has elapsed and the conditions of approval have been met. I have read the statements above and have provided the required attached information hich is correct and accurate to the best of my knowledge. of Owner o�of-Wa (Signature g Y) 611109 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Planning Staff Hourly Rate ■ Planning Director ■ Senior Planner • Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $250 $400/$300 $50 $250 $4001$300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Enterprise Gas Processing, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Jackrabbit Extension and Laterals Pipelines (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) 06/01/09 Signature Date Philip B. Vaughan- PVCMI-Land Planning Print Name Mailing Address: 1038 County Road 323 Rifle, CO 81650 Page 4 ENTERPRISE" TABLE OF CONTENTS ENTERPRISE GAS PROCESSING, LLC. JACKRABBIT EXTENSION AND LATERALS GARFIELD COUNTY, COLORADO DEVELOPMENT PLAN REVIEW FOR RIGHT- OF-WAY APPLICATION June 2009 Page 1 of 4 The items below are prepared as per Garfield County Unified Land Use Resolution Article 9- Pipelines. 1. Development Plan Review for Right-of-way Application Form- 9-103 2. Vicinity Map- 9-104 (A) A. Right-of-way alignment sheets and legal description **See Appendix A for details needed on alignment sheets 3. Project Overview- 9-104 (B) 4. Ownership- Adjacent properties to proposed right-of-way within 350 feet of any area to be disturbed- 9-104 (C) Garfield County- surface owners only need be identified. 5. Evidence of surface owner notification and of surface agreements- 9- 104 (D) Garfield County- Mail via certified mail, a copy of the pipeline application to each of the surface owners that EPCO, Inc. has agreements with for the pipeline after determination of completeness of the application by Garfield County. **Garfield County will expect title commitment level preparations of property ownership documents to verify that actual property ownership matches the pipeline agreements. The Garfield County Attorney has questioned utilizing the Garfield County Assessor's records in making a determination regarding property ownership. Listing of property owners A. Chevron U.S.A., Inc. B. Puckett Land Company C. Oxy USA, Inc. 6. Need for Proposed Action- 9-104 (E) Page 2 of 4 7. Regulatory Permit Requirements- 9-104 (F) A. Colorado Dept. of Public Health and Environment- Colorado Discharge Permit System Permit COR -03D733. (SWMP) B. U.S. Army Corp of Engineers permits. C. Colorado Air Quality Control Commission- Fugitive dust emissions 8. Primary Project Participants- 9-104 (G) 9. Project Facilities- 9-104 (H) 10. Construction Schedule- 9-104 (I) Please see Tab # 21- Construction Management Plan 11. Sensitive Area Survey- 9-104 (J) 12. Revegetation Plan- 9-104 (K) 13. Weed Management Plan- 9-104 (L) Please see Tab # 12- Revegetation Plan. 14. Emergency Response Plan- 9-104 (M) 15. Traffic Impact- 9-104 (N) 16. Staging Areas- 9-104 (0) 17. Hydrotest Water- 9-104 (P) Not applicable as this system will be nitrogen tested. Please see Tab # 21- Construction Management Plan. 18. Garfield County Assessor's Maps- 9-105 (B) 19. Listing of Adjacent Property Owners adjacent to or within 200' of the proposed right-of-way- 9-105 (B) Determination was made by Garfield County that this only includes surface owners. Page 3 of 4 20. Authority of Authorized Representative 21. Construction Management Plan - 22. Response letter regarding Development Plan Review Standards and Criteria for Approval. Sections 9-107 and 7-815. A. Right-of-way locations related to perimeters of surface property ownerships. 7-815 (A) B. Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. 7-815 (B) Responsibility: Hankard EnvironmentalfPVCMI/Ryan Lunsford Status: Need equipment list for production of this study. C. Minimize visual impact and disturbance of the land surface. 7-815 (C) D. Access Points to public roads. 7-815 (D) E. Impact on endangered species. 7-815 (E) F. Air contaminant emissions. 7-815 (F) G. Compliance with Colorado State Public Health and Environment, Water Quality Control standards. 7-815 (G) H. Compliance with Garfield County Individual Sewage Disposal System regulations. 7-815 (H) I. Reclamation plan. 7-815 (I) J. Abandoned pipeline removal. 7-815 (J) 23. Contact person for EPCO for Garfield County to contact for Garfield County inspection. 9-111 24. Colorado Professional Engineer responsible for certifying that the project is complete and providing a digital copy of the surveyed pipeline as -built. 9-111 (A) Page 4 of 4 1038 Courvey Rd 323�S. Rifle, CO 81650 WI VAL ,k11 CONSIR'04 ON MANW/EME1i, I:vc. Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 2- Vicinity Map 9-104 (A) All plan copies below are provided in 11x17 and D size drawings. These alignment sheets indicate the alignment of the proposed pipeline, surface ownership, adjacent surface ownership and pipeline length. 1. Cover Sheet- Drawing 12499-1800-700 "Jackrabbit Gathering System Extension and Laterals- Revision 5/11/09. 2. 200'1350' Impact Envelopes * Drawing 12499-1800-751- 200'1350' Impact Envelopes Drawing Index Map- Rev. 5/19/09 Important Note: Please note that the 10" Cascade Lateral pipeline is not being permitted within this application. *Drawing 12499-1802-751- 10" Garden Gulch Lateral Pipeline- 200'/350' Impact Envelopes with Surface Ownership- Rev. 6/3/09 *Drawing 12499-1805-751- 10" Haystack Lateral Pipeline- 200'1350' Impact Envelopes with Surface Ownership- Rev. 6/2/09 *Drawing 12499-1807-751- 20" Suction Trunk Line Ext.- 200'1350' Impact Envelopes with Surface Ownership- Rev. 6/2/09 Page 1 of 3 3. Alignment Sheets A. 2.1 miles of 20 inch diameter mainline extension suction pipeline *Drawing 12499-1801-OOB Cover Sheet- Rev. P6 *Drawing 12499-1801-011 Station 0+00.0 to Station 52+80.0- Rev. P6 *Drawing 12499-1801-012 Station 52+80.0 to Station 92+65.2- Rev. P6 *Drawing 12499-1701-103 Jackrabbit Gathering System- Southern Pigging Facility- Site Plan- Rev. B *Drawing 12499-1701-004 Jackrabbit Gathering System Piping Plan- 20" Pig Launcher- Rev. B *Drawing 12499-1701-005 Jackrabbit Gathering System -Piping Elevations and Details- 20" Pig Launcher- Rev. B *Drawing 12499-1701-017 Jackrabbit Gathering System- Southern Pigging Facility- Tie -In Piping Plan- Rev. A *12499-1807-800- Rev. G- Sealed 5/26/09- Chevron USA Inc. plat *12499-1805-803- Rev. D- Sealed 5/7/09- Puckett Land Co. plat B. 4.8 miles of 10 inch diameter Haystack Lateral *Drawing 12499-1805-OOA Cover Sheet- Rev. P7 *Drawing 12499-1805-001 Station 0+00.0 to Station 22+32.2- Rev. P6 *Drawing 12499-1805-002 Station 22+32.2 to Station 75+12.2- Rev. P6 *Drawing 12499-1805-003 Station 75+12.2 to Station 127+92.2- Rev. P6 *Drawing 12499-1805-004 Station 127+92.2 to Station 180+72.2- Rev. P6 *Drawing 12499-1805-005 Station 180+72.2 to Station 209+43.3- Rev. P6 *Drawing 12499-1805-006 Station 209+43.3 to Station 234+42.6- Rev. P6 *Drawing 12499-1705-001 10" Pig Receiver Piping Plan- Rev. 0 *Drawing 12499-1705-002 10" Pig Receiver Sections & Details- Rev. 0 *Drawing 12499-1705-003 10" Pig Receiver 3D Isometric & Bill of Materials - Rev. 0 *Drawing 12499-1705-004 10" Pig Launcher Piping Plan- Rev. 0 *Drawing 12499-1705-005 10" Pig Launcher Piping Sections & Details- Rev. 0 *Drawing 12499-1705-006 10" Pig Launcher 3D Isometric & Bill of Materials - Rev. 0 *Drawing 12499-1701-017 Southern Pigging Facility Tie -In Piping Plan- Rev. A *Drawing 12499-1705-101 10" Haystack Lateral Launcher Site Plan- Rev. B *Drawing 12499-1705-103 Southern Pigging Facility Site Plan- Rev. B *12499-1805-803- Puckett Land Company Easement Exhibit Rev. D- Sealed 5/7/09 *12499-1805-804- Puckett Land Company Easement Exhibit Rev. C- Sealed 5/6/09 C. 2.6 miles of 10 inch diameter Garden Gulch Lateral *Drawing 12499-1802-OOA Cover Sheet- Rev. P9 *Drawing 12499-1802-001 Station 0+00.0 to Station 52+81.0- Rev. P7 *Drawing 12499-1802-002 Station 52+81.0 to Station 106+32.9- Rev. P8 *Drawing 12499-1802-003 Station 106+32.9 to Station 129+58.5- Rev. P8 Page 2 of 3 *Drawing 12499-1702-100 10" Garden Gulch Lateral Launcher Site Plan Rev. A *Drawing 12499-1702-101 10"Garden Gulch Receiver Site Plan Rev. B *Drawing 12499-1702-001 Garden Gulch Lateral 10" Pig Receiver Piping Plan Rev. 0 *Drawing 12499-1702-002 Garden Gulch Lateral 10" Pig Receiver Piping Sections & Details Rev. 0 *Drawing 12499-1702-003 Garden Gulch Lateral 10" Pig Receiver 3D Isometric Rev. 0 *Drawing 12499-1702-004 Garden Gulch Lateral 10" Pig Launcher Piping Plan Rev. 1 *Drawing 12499-1702-005 Garden Gulch Lateral 10" Pig Launcher Piping Sections & Details Rev. 0 *Drawing 12499-1702-006 Garden Gulch Lateral 10" Pig Launcher 3D Isometric & Bill of Materials Rev. 0 *Job Number 26099- Right -of -Way Plat Sealed 5/21/09 *12499-1802-801- Chevron USA Inc. Easement Exhibit Rev. H- Sealed 6/4/09 4. Pipeline Staging Area Mapping A. Improvement Location Certificate for Enterprise Products, Inc. Pipe Storage Lease Parcel. 21 acre lease parcel located in the NW 1/4 of Section 5 and NE 'A of Section 6, TBS, R96W, 6th P.M. dated 4/12/2009. B. File 48776- Location Surface Use Area & Road Right-of-way on Fee Lands (For office and yard site) dated 4/15/2008. 7 acre lease parcel located in Section 33, T7S, R96W, 6th P.M. Thank you for your assistance on this project. Please contact me with any questions. Sincerely Philip B. Vaughan President PVCMI-Land Planning Division Page 3 of 3 • RIO BLA'N'CO.. PRI. UNE E[E KOHLER/PRATHER/SAVAGE PARCELM,�I`='F 216914] D22' 6S 97W CHEVRON USA INC, .PARCEL !'.216912200012 PUCKETT LAND COMPANY !` PARQEL.N, 241sulioo443 E.gend U® FORERUNNER 1ST Va. [OOS,mUTFEO E,SE'EYT E,FFER 20" SUCTION TRUNK LINE EXT. 200'1350' IMPACT ENVELOPES WITH SURFACE OWNERSHIP GARFIELO COUNTY, COLORADO 2 JACKRABBIT ; It COMPRESSOR STATION 20--s1 CfoN TRUNK 4IPEUNE DWG 12499-1501-a11 DEC 12403-1801-92'.- ----_ • 20 SUCTION TRUNK LINE I'.\TEN ti1ON LOCATION MAP �F 1. TTH I T " T� 1 'LJ I T E HI-IJI TT� T R U N I N S In IrI FFIELE COUN1T'r, PSSIL'ED E QIP PE E'A. Uf'.JE 1st. 2009 1r ALIGNMENT DRAWINGS D/.2 110 12499-1801-008 12499- 1801-01 4 12499-7RR1_r?1? PE, 1,- PE PE DT (HL OF D r�l 1rPALiNG TITLE. I.`:ER SHEET 20- SUCTION TPUIV Lll'1E Er TENSION )'0" SUCTION TRUNK UNE E+.TEIIS101a ALIGilA1ENT 5uTTIOrI TPLn1V LINE EY TENSION AL1GFI!AENT PIPING/SITE DRAWINGS 12499-1701-004 12499-1701-005 12499-1701-017 12499-1701-103 B 20" PIG LAUNCHER PIPING PLAN 8 20" P10 I,tUNCHER PIPING ELF'. 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GCJLL.I; AS NOTED GRAVING NUMBER SHEET No. 1 OF 1 124501501 -BOB CAD fiLE: 12455-1001-00e.pw5 �N-- FORERUNNER REV. p8 ` 114....11.1. se pi. . 5.201 we 2 ' ennaGix 321 SA, 1,0 90+ 293, +(030051 5+ 4204, 52.940 '.1 .2G4 3330 ` AIJGNMENT HORIZONTAL DISTANCE ,rA: � S R �;� ISL Vin_ w 1: $ ' 1 0!*0r- mown) 515T05 511'51. 941 w FEET DESP.rMN HMO e ; �.iPOW tr YNIERYC1I04.-•1i �+ i N IFS N a �` 2 Renk OF 211ERSECnt6 DEFLECTION ANC.1 lir 9PPLIC113.r1 .a LI E N� °fib b IS i_i ' b i 73 i'-' 1. 1d4 � 01' / b b r 6 61 �1 a b b ! V, b Ct < G b b 49 .4 < M G b b b# a o $ 0 8 ^_ 2 g P.P. P k d d.id G G G In G b % b Y m 3 2 b d M1 G 8 a$ X " . b i m d b Ii` R n b 103 EC a •,. of ty b Ls ,,, b L3 B g I'9 l 4 =' 'g 3 3 3 A a a !dd • G '2. AM 4 ' n, ..2. F.fi :tom*14j`'.V ^ .am^.! - i 4sy f. •l 1,7: tlFft r y' - - I - F �•�I 1 r r y,E r 2'Y .. { kT" f ; '+' . ,. j .' rA .• :,. Ys �I I SF' i ;S1 .Ey { I ,.17 a 1 1 a /�,. .,+ 2 .11: F; J 7 .- y,{. 2�': ]Y+/ y. I •AF .ew. a 1w 2 '.., 'ifr4'1 I �. I . 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S: �+' },. 1 -���' ', '+ + s (' • / ,LFT. 393102.58 1 r� % LON 9 1I / 1 I _ i L 1: { � `I 4 ,� / ' ... >��'7t'..f� ; } r '. _. t �I ///-, }i v • 1� r •r y.•1 x . 7 ' ?J yA Al 'L T -b h AP SECTION 13, TBS, ROM 1 5 -CAA 1.2400 0 200 410 fEr. �.. . 2 1 1 '-.- +r .. t .4fF r- e .... '.- r.o r<: J-.:'r'+4�T.+4 A't., t.'' .ai>'.r..•*I '•. �.rj.z -�'_'I173.,1?,SM'. 4 s' W ' SPC CB -C. PECT � %AD 63 EASEMENT 1.°_..r,,,4(rp) �10vv-Ri i.R'm41w1 . ., _ ��1'_-.--. 1. rk '�+ ,rrr,,,x __. ,, ,. rFr� x x x x xrx r T'T"x >•-r TT7�T�^� • . 4. 35rot TPP.) j. ♦♦♦ ♦ °enA1: ss--5:4trTP) 'S if'X'e ♦,♦♦ %�f'> ANSONV.5.Y. } ♦ 35 Ivor) ,66, xX' c `exx)'iNSec i'�J,�2�' 12$40 A 17 t.5 21 }5 > �♦L� x'•156 15,235 1. 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ERW 14-1$ MOB FRE MITI 2 c,.....,_____ K., ..= PP7 ePAR ro .w• —...—... _ 121161 et41 20• sucTioN TRUNK IJNE EXTENSION ALIGMENF SURVEYED: FRC SECTION:13.2a 123 0 �D 20.0. ES" 4Eh SWOON a!7}'w.7.,�AR'xG180.9[FrW9 1 REPLACE FCNC 3400 0ROU SECTION CORNER =o .0A0 AVER " r'!' ' 1O 2e x f2wlntn SOUTHERN PIGGING BETE Pow DRAWN I� TOWNSH1P:08 w1NBemr P-13436 BFle i$ Foucto 410435.2200l9ard•w.T-APIZIC RILL-10AR8gE 1EA CCNs*Rocs, PlICP0,140 tt —t-- Q wt,rE.01,4 so 1,1111003 CHEVRON USA INC, EASEMENT EXHISIT EASEMENT CI+ECKFO:C.ESCH cow/N/$TAT'k`GARFIELD CO., 41%. JACKRABBIT 30 INYODQ0,1 yj. 42000 WI APE.....ear14.71.: --11}4�� NW PUOKE1 LAND o.EASEMENT EXHIBIT APPROV o.J.BLANC4wm .LINF4ARr.& GATHERING SYSTEM OBS 8E(;wBDAAIRITN4,0°'^dl'QP00270•24.T. TIq$NL 1 EA - *mama, 1 ,_0 1.570 n5' Sno• (1.-,010 e� —Y—P— AZMVO. REVISIONS 24" SUCTION TRUNK LINE EXTENSION - IA lMEP LK __p_ _ a _ P.PG RbE IKOC 041011,1CW VIE T — 4 No, 0EscRIPT1ON DATE BY STA. 52+80.0 TO 92+65.2 _ 1w 05EPnoE cwE T — • 4 ,c1ru E. Ey Won II• IIMI6D FOR REVIEW 31 ow KB , _ _ _ _ 0..0E ME — C — e — -•- - 4111.00 0019 P'2 FOWL FOR REVIEW 4418109 KB SCALE: AS NOTED DRAWING NUMBER I REV. UP 7000 00 --C- - {_ _m P3 OWED FOR REVIEW 412219 P30 SHEET Ne. 2 OF 2 12489.1801-012 I Pe ' .E vlsala x1'61) T '�$ 4050! _ 0"PPeiE1 .0I'15 4010 -. - — P4 ISSUED FOR REVIEW $(12109 P30 CAD FILE. 12499.1991-012 PAM EK0Cer WV 4 014145 401094 P8 ISSUED FOR REVIEW N21A79 PJO `'"`� ,,. FORERUNNER " 7DEu &seas PO ISSUE) FOR REVIEW SWAM PM E .. P 'c' _ _ / Z ANNE / / / / f \ NL TIO3 \ SECTIONN 73 23 10 ACCESS ROAD \ . s 6T6S-R945 \ \ 1•a'asyr \ 3.08&76' \ \A 01rE ACCESS • -\ A, GRAVEL ROAD -\ *\ 1' \ �� - ` — 20' PIPELINE 70 JACKRABBIT COMPRESSOR STATION FOR CONTINUATION SEE DWG 12499-1801-012 EXISTING PIPELINE LOGAN WASH ROAD 9a. SITS PLAN SCALE 7132'=1"0' 20' PIG LAUNCHER. SEE DWG - 12493 -1701-004 FOR DEWS NNE -IN RINK SEE DWG. ,2490-1701-017 FOR 801010 PROPOSED JACKRABBIT GATHERING SOUTHERN PIGGING FACILITY 10' HAYSTACK 1010980 PIG RECEIVER. SEE OWG 17495-1702-001 FOR DETAILS '18 i 10' CASCADE LATEWAL PIG KEENER. SEE 0W0 12499-1704-001 FOR 0E183.5 - i 10' HAYSr400 LATERA FOR CONTINUATION SU DK 17409-1805-G06- le 2409-1805-G06- 10' CASCADE LATERAL - F0R CONTINUATION SEE DWG 12499-1804-004 ISSUED FOR APROVAL JUNE 02 2009 ForeRunner Corporation GENERAL NOTES NUTESI OWEL REFERENCE DRAWINGS DESCRIPTION ENGINEERING RECORD PRO7. FD*: 12496.A PROJECT ENGINEER' OT SURVEYED. FRC SECTION: 23 124901701-001 20= PIO LAUNCHER PIPING PLAN 12496-10044701 CASCADE LATERAL 1D= PIG RECEIVER PIPING PLAN _ 12499-1706005 HAYSTACK. .LATERAL 90' PIG RECEIVER PIPING PLAN DRAWPI: 141 CHECKED: APPROVED. 124901901-012 217 SUCTION TRL900 L94E EXTENSION ALIGNMENT 12499.1904404 10' CASCADE LATERAL. ALIGNMENT TONNBHIP. 00 RANGE 0701 COUNIYIBTATE. OARFIELD/DO LIMAREA: REVISIONS 124901909400 10= HAYSTACK LATERAL ALIGNMENT 124119-1701-097 SOUTHERN PINGING FACILITY TIE-IN PIPING PLAN A DESCRIPTION RUED FOR APPROVAL 168LF.D FOR APPROVAL DILTE1 EY DS/2E09l NEN E EPCO, INC. P-13436 JACKRABBIT GATHERING SYSTEM SOUTHERN PIGGING FACILITY SITE PLAN 00068091 NEN MALE: 322'.1'fT IDRAWING NUMBER ri87L SHEET Ne, J 124901701.103 B CAD FLE: 12400.9701.103.E6:0 FORERUNNER � '� ......•••• 1246 0:)-00 7.-2 6/8 8'-4 1/4' 19'-5 7/8' 2'-6 3/8• 1.-9 11/16' 5-9 3/5 3`-3 1/5 14'-2 3/8' 20• AN9 300 ANCNCR FLANGE & THRUST 9EAI 1.-6 3/8. NOTES: 7':INSTALL PIGONG BARS IN - y iry ACCORDANCE WITH DWG. 12499-1700-100 rt 12499-1701-005 0 I g 3-0 7/8" 11 3/4• 8 3/4' r-6 1/15 4 5/16' 31.-8• 24^112' R. TEE-, 4.-10" - 24`.65 R. TEE - CONC RED 12'-8 3/8" 1.-11 6/8' 5P j 24• ANSI 800 WICK OPENING ,r� 041CLOSURE 3'.3'.10" REST FAD PLAN VIEW SCALE 3/5=1'-0" 20'112' R. TEE m FOR CONT. SEE I DWG 12495 -1701 -103 - REISSUED FOR APPROVAL JUNE 2 2009 ForeRunner Corporation REFERENCE ORA REIT ENGIEEREIG PEC0110 12449-1701-103 SOU ERN PIGC6IG FACILITY - 51E PL 12499-1700-400 PING OE1A3L - BARRED PIGGING 1E8 18499-1701-005 206 PIG LAUNCHER PIPING ELEVAR0H5 & DETAILS CAC. NO RILE REV. REISSUED FOR APPROVAL 155LR0 FOR APPROVAL DESCRIPR DRAIN ___,.------'— 5EGKED CU- E�N7 MECHANICAL CWT. 8. COEN 0/E/Di! PROCESS RECNAN7CAL PIPING STRUCTURAL ELECTRICµ G NEI ON 8/3/30]9 /02/ DA APPR OARS 1&C 4404+44 044 typtlf *A II Ms nal tem 6n. MM. I14 11x6*wrt b MNYlr a044. wood* 44444 414... 4444. promo. dram a, ea to ow: Ar N4 .11Mk.1l.MNM40 anon*ma 444444 lreraa44. t4/4 6.# va4 44 44, 41.44a4 41.aye. 40 1 FORERUNNER ... An. EPCO, INC. ENIE6PRISE P43436 JACKRABBIT GATHERING SYSTEM PIPING PLAN 20" PIG LAUNCHER A5 N01E0 12499-A 06.7604!!. FOC GARFELD ED, CO o1c .n 12499-1701-044 1_2Om & 1bn Trunk Unes\1701 Piping \62199-1701—O01—RBArg otter! by. N.HUCXINS 0 FINISHED GRADE Sp 120' ANSI 300 ANCHOR FLANGE 2.Jf THRUST BEAU 6 ANSI 300 00101( OPENING C 051WE ANSI 300 :000113901K 02 :CLOSURE 5P 12 ANSI 300 0110( WRING 02 0.09101E SECTION A SCALE 316' . Y -O. 1249-005 SECTION SCALE: 3/6' a I-0 1245.l-005 20'x12' RED. TEE 20' STEEL PIPE SUPPORT W/CLAMP 1111,51HE3 SF ,.01 NWOrkWe 24%20' ECC. RED. (FSO) 24' STEEL PIPE SUPPORT Vi/CLAMP 00 04 2' ANSI 300 OLIICH OPENING CLOSURE SECTION SCALE- 316' 1'-0' 12499 -Y701 -X5 e 20 ANSI 600 OVEN EPENING CLOSURE REISSUED FOR APPROVAL JUNE 2 2084 ForeRunner Corporation NOTES: 1, REFERENCE DRAWINGS REASONS ENGINEERING RECORD 12469-1701-304 PANG PLAN - 20' PIG LAUNCHER A REISSUED FOR APPROVAL i55LE0 FOR APPROVAL 6l2F 2lDy�N9 DWG N3. 1111E DESC OP13GN BY DATE OHN DATr AfPP DI11 16 ORAVRI CHECI(ED CLIENT PROEC1 M0411 PROCESS NECNANICAL PANG 51RUC1ORAL ELECTRIGAk, O 00.5O17 6. OLSEN 6/2/2009 11/6x_ 1,Y =+w..v ttreq. rvr oalha a F1 n Ow 4 ' awn, me tle,xn..nl A WI b. b� awoa...woaw, oanx.a amu. .1 owaw CalaNnid 610.10 4P no IP Pm u...1 to Pa pope. 4S Ul le 0.4AdY F.cl.wrr WAS. .Juan. p a ,far na�ose ars m re P Cop m.0./., rr..1. > �. T w, aaa Mbbauy b ra.+e.v.. Wp aato ova FORERUNNER 111116.1 MI K... Oki EPCOI INC. ENTERPRISE P-13436 JACKRABBIT GATHERING SYSTEM PIPING ELEVATIONS 8 DETAILS 20" PIG LAUNCHER piH A5 NOTr0 112458-A /uum. n.[ GARFELD CO. 12499-1701-005 & 161n Trunk Llnes\1701 Plpinq\1249§-1701-005 Plotted b% N.MUCKINS Dole. 6/4/2009 10:02 AM Drawing. 5:\Praleol F6ee\EPCO\12499—A Marathon 20 LR P-13436\Orowings\OI_ 20. PIG LAUNCHER. 5L1 DWG -- 12499-1701-103 FOR CO20016A110F1 TIE-IN PIAN MARX 270 WEE LENGTH DESCRIPTION 1 1 Ibr 22,11 118. PIPE. CS STO (0 385-( ASTM A-10O/A53(APIEL I:IA.4,51AS OR ERW .PE (0041750. 14-10 /ALM) 2 1 20. 20%.6 6/16 PIPE. CS STD (0.3761 A S TM A-136fA63/API5L GR.ELSMLS OR ERYJ . PE (COAT ED . 14-16 /ACM) a 2 10' ELL 90' MAW Cs, sTo (0355( ASTM 4-234 GR WP13 4 1 20- TEE.FULL.BW,CS,STO(0 3751 ASTM A-234. 0A.WPO 5 2 20N117' 15(5 00410 OW, CLSTO (0375'j x STDID 3651. ASTIA A-234.GR WPO -0 z. ..--.. / ▪ ".• ''.... ....,-..., • '"... _ SCALE (f2I-2' 20x10 't >0 0314 FiED CASCADE LATERAL PIG RECEKIT SEE DWG 12499-1765-163 FOR CONT0IL14101 10 HAYSTACK LATERAL PIC litCENER SEE - ONG 12499-1yo41-103 TOM COMMOTION ISSUED FOR APROVAL JUNE 02 29 ForeRunner Corporation GENERAL NOTES REFERENCE DRAWINGS ENGINEERING RECORD NOTES: DING,. NO. DESCRIPTION PROJ. 1041: 12464A PROJECT ENGINEER: OT 1246441701-181 SOUTHERN PIGGING FACILITY SITE PIPING PLAN SURVEYSFRC SECTION: 23 12499-1704-183 SOUTHERN PIGGING FACILITY ESTE PIPING PLAN 1249144706-103 SOUTHERN PIGGING FACILITY SITE PIPING PLAN DRAWIt SOH CHECKED: TOWNSHIP: 08 RANGE: 147V1 APPRIAIED: COI/NW/STATE GARFIELDICO UNE/AREA: REVISIONS NO A DESORPTION DATE!' BY 10415D FOR APPROVAL 0 2 I 0 0 1 PM 1 I EPCO, INC. P-13436 JACKRABBIT GATHERING SYSTEM SOUTHERN PIGGING FACILITY TIE-IN PIPING PLAN 1,741.4. ORA 015 155(1. kel No, 12402- 70 0 F CAD FOP 124.2.1701-017.041 FORERUNNER =L.. DWG 12499-1005-OOS- ktij11 T 6 5 1 ©Ii( 5 DRG 12499-1005-OG4 10. HAYSTACK VIAL - #3 as IEIM .. 000 1249p 1-145-093 00 -4405 -Do: DRG 32499-1805k 001 1-1:\YSi' \CK LATERAL PIPELINE 'HE 11 II 34 F qTh B ALIGNMENT DRAWINGS 0'N0 110 12499 -15)5 -NA. 12499-1805-001 12499-1805-002 12499-7805-003 12499-1805-004 12499-1805-005 12499-1805-006 PEJ NO P7 PE PE PE PE i f f r;, (-1 J • I`T DIED FO JUI' 1I 1st. GP0A11IG TTTLE COvEP SHEET 10" 10rSTAEY L«TEP..SL LINE ALIGNMENT 10" H„ ¶ST:,Cr LATERAL LIRE OLIGNLME4IT 3" HA 1ST CY L T€P L LINE ALIGNMENT "7" H0+5TACK LATEPAL LINE ALr3In7EI;T 0" HOrSTAGN LATERAL LIME AL1GI1I1EIJT ',-I" H`d.YSTA CH TEP AL LINE ALIGNMENT PIPING/SITE DRAWINGS rltvr. I.1:o PE, N 12499-1-05-001 0 12499-1705-002 0 12499-1-05-003 0 12499-1705-004 0 12499-1705-005 0 12499-1705-006 0 12499-1701-0r 12499-1705-101 12499-1-05-103 8 10- PIG PECEIaER FIRING PLAIT 10" P10 PECEI-LER PIPING SECTIONS & DETAILS 10" PIG PECEIvER PIPING ISO 10" P10 LAUNCHEP PIPING PLA..1 10" PIG LAUNCHER PIPING SECTIONS & DETAILS 10" PIG LAUNCHER PIPING 150 SOUITHEPN P1301113 FLOUT) TIE -44 .1P11,G PLAN) 10" LAUNCHER SITE PLAOI SOUTHEP.FJ PIGGING FACIILIT1 SITE PLAN t 1 r Tf F Iry HT1 f j 11_ I 1 PROJECT AREA Hyulning - Nebraska yiliiw 111 RIMIlirliiii 7: wILAIIMINRIAlliiibt4261 .011111 11101 11 61 .�� �� ,�, rte►\�I�I1 41111r1 A IN OA m GUHM , ,Il 41541.9354 ► !r l .dorm at • 1'1 i , �pimp i. 4 25 50 75 100 ®n41IE1 Ness Mexico LOCATION MAP Okla hums ISSUED FOR REVIEW JUNE 1 2009 ForeRunner Corporation GENERAL NOTES REFERENCE DRAWINGS PROJECT NUMBERS DESIGN DATA ENGINEERING RECORD I LOCATE YSwadi PROM Mer/E110101 1. 0011011AIDEKTON /4R40PM4CATM 11.0 AAA 1E CLEWED AM GOAIED. All !MED PPE1G TOEECATHODICAILTPPDI@CIED. 1 ILLVIFVEA MN HAVE MPRCFRATELOCK140 YMES 4 FM VEIOYPR MADE MO AUL 114006.114 At MI LOCA100 MALL GUAM SAM 14 TEE11 • EIETALLSEBTLEIM AT EVERYEfAL11C 1150041,E 4105598. 1. IEAr WADE WIT, oOR ALnd a 94EE1S 914wa M P97h4.1E8 EVERT LIF OPIVAIL No. 11110741101011 OOCI![IW 077 aim EEEr DEMON T1911A01190 P-134]8 MOB ARPFIO.4P HUM PE SECTIONS: VAAEO 111144 4.2 w4ROw EPCO, INC. warren DWD C 9421 #4941M.0 CHUM, =AVM LAM TBR 11!9.11191 1141101940 IMO= ENGINEER APPWw 5411 Lau PROAC1 W10TELEMRW4L• 17030!1.4 AFIPHOY , 01110114XTDI ARAM&• 091041.100 WEAR rare APPMVIL REV1SlO 4S 0 HRW2800R *LIT HAIRY& RAH OF W1.Y APPRrY/1 THESE MUTES CONFORM TO AM 031A COME MD STANDARDS, IC. PE P8 coomenex 166_100/OA RFVEW AWE/ FOR RENEW 947111 0Y 11.191 RG NA00 AG OE07sOLM1EIFP411111IE MAK CAPS IniPRIMAE E1N101747E FlL 099141 11)41 109/0411 02141401101141.110YNA P-13436 JACKRABBIT GATHERING SYSTEM EXTENSION 10" HAYSTACK LATERAL COVER SHEET Sr -NZ: A NOTFO SHEET No. 1 OF 1 I 12490-1805.004 P7 RAD FILE: 12090-1505-00A.dw9 1 r0 2 3 6 U011811a1TAL 4PP1100/ 2 r7 MAW PO ANEW tomeat APRONS) P." COMM FORERUNNER 4, E, N o,..rt4 4., 24IJ015,3231 A.O25109 LA...1' S• fEx.oce MF Co 11611 ,5I2 fi 5050 5 COMIC 53 251 2 22322 n/ •55 f mos a STATIONING LAYOUT BRFAKDOMl &Gm NEWS SIMK O SAW, 560, II FEU O[SGtPrph DACE .. " 6 '- = w. B14:,- R U J e = J•, F E_ _ F, J �ly"Y§-4• 0 2 ,.n ir'4 23 o ,t•, ^ A S r°� 0' ,�, 579 S - E p Si .93 /• g gei fir"' a 'R. iE o c '�'i !n s A e 11'3 s _ Fz a r`S •s ,: { ,71 '�S 3 S IS a► 6 NCNSECnoIU F €i 55555 _ r Ls XYLEC161 661 (Ir AONC0&Cl Z 3 21 is R 3 3 h 0i N; 3 3- b b _ 3 a 9 3 3 ish !i ,S 3 3 h a 22 3 1 U b i i 3__ Is 8 3, 3 is2.k 3131 b Es I _ 3 21 b , 3■ b b 8 3 D _ 3 W i a o 3 h 88 'K b b 1g N - - JI 1 -�- N? ! 02 r < 5:3 f ! ! _ .. - . 'it''w t.,✓ • , +�.,. .. , s� ,-na^a y 77'';••.. . "" ''.`.`e., • .. �. �.^t; w Kr_"` •' , • ;,,,. , -.. .-:-2 3'.re, +� ,T+r 4 , ' �., . . � 7 . , _ .6, , R.., .{„� _ . -, . •' : , '• ', • !h ,If � 5 � {. "4r .•1 � - - ‘i ' t +L }K' �; • ..� :. aim({ . .. r._ .� A .•1415. �•,q?17r•- c - ., \ ,'♦ ,. f',. L 51, 3.L. - • z�'i h - 4 �I • y, {v < 'w J4 ,, .� % .f.�{ - • ��.TF d * ir } ;I. - i ra � rI%r',�0 './_ _..__.. A.": .Yo ::y `. 3• :1\ x .. ' "IL dAi' '�. I.::1.,; C 4 2 ;,; 2 yY4�1k;s1•s c. 9 a. '• i'''f I'. Ir.- '•^''.' .`. „ . -'. '` j y, l'r4L 7 j._ �, ' I �� 1 },2.� 1: ,I. . I • •r dh `-',.` '.f.. ,• , , ♦yFn'+t. j.I' •2.P r �� I I ` ;. f: k :y2.. 'i,. , F 1', , 1 h l W �1�,. • y b k'. I• r I _i / g \ jt r 1 .' M1, 1 •-. ,: , . 1 : , • -1 , -_ - _ , ' J { ----- ✓- =; � yl1 - ay -V."' J . . - .. .. � T f 2 -'�_ � - -- Ititi ,.,y� 1�.1��^i. rl,,,T� nIA i • - 'F vs . -_ _.. r 5 L #E,Y,r 6. i4 l y l�`} ,°`1'. 1,k 1 44 2` 4 t I 1y ,v. f, ;w ,1. f7:t -` .T A /► [� } •{•I °" rr I [--'.. :.i i " ', i SECTIONS 11, TES, R07W SCALE I 240 , :OJ il 200 480 vEC It•f A ./"M{ ri( ri g,(`;� %aft , Itf 'T '�fy y �s�,t (( -K/� y 1• 6'1_ 1 •- ••y " Rfj�.g}y K} T'• •d • 1. / / , 1 } 5P[ 2.0-C. RF' y • L.A.. .. . A.. ...XII x..•,,E, '%`� -I i1'FTJ IR., % , .: 1 . • ` . .. , I 4< C7' 25 .FAY 15 PEW - _ 0004 5100 5600 7. BM 5200 LAl:J• 5 --,......N 5303 0.00 2.00 •+OC _-w 0-9G .0-03,F-00 ,.4.20.5.4.20.54.S.L t' am 0 '6.00 .115-131 22.30.90 220 21+00 .200 ;,fRG5M15Gb1 e' • 20Y PIPE DATA Uw10013.2001.MAY 9E DHC 1X99-120`-101 Q M ISSUED FOR REVIEW 20 2004 ForeRunner Corporation LIR 2 - 7[+P3- 01.1311IN E• LI k11044 I 14 FA a cuss v 0,2 H BILL OF MATERIALS NOTES LEGEND REFERENCE DRAWINGS fl REM PIPE DESCRIPTION OU/Ki/M1/ MITI PIPE T ODANTRY O4WONO. DESCRIPTION PROD- ID r:12WFA PROJECTEH091EERR,TOWNeEOo EPCINC. ERCO, INC 1 10.760' ODE oo.iar W.T, API u•Fc52, ERW, t410 MS FEE 2,26E2 x0 Ls CA ee.9 - - -i- 3•05AL A>I Xt. 00 5594 16I70470SECIT or HAYSTACK IATERAL AUGMENT SURVEYED: FRC SECTIOtt Al •'•' • _ -.•, _ �.- .334-33 313 IIRT 9Q II 12N0170510I f0• HAYSTACK LATERAL LAUNCHER BRE PLAN DRAWN. 1/AM KB TOWNSHIP:77B RANGERPM R-13438 JACKRABBIT *Don .K -It- t- 4 F AIC -. RNM0 s0. I21941I05104 PUQETT EABEAEHT EXHIBIT CHECKED: CFE MAD COUNTYISYATE:C3ARFTELD CO., CO. 00301 PA* Hy 4_ �e M1., VP. - - APPRovED:R.T04HHSEND uNFJMEA: GATHERING SYSTEM EXTENSION °K"LK REVISIONS -A_ at rcoock1.2f:230..�C - - LATERAL 23.71 ? LA 21433 No DESCRIPTION DATE/ BY STA. 0+00.9 TO22+32.2 OR 3.1 soul. .c t .s✓0[ AI _ _ r - .. - - PI ISSUED FOR REVIEW tfdB1i9103 un[ 20 -0-0- A#L�6 'tv'•I ISSUED FOR 7ksiriv 3/13406 Po SCALE: AS NOTEDAYm6G NUMBER ' REV- ' 6R - Ix GSI u0' - -C- - - TD P3 ISSUED FOR RENEW 37SOA68-PJ� ' SHEET No. 1 OF 6 I 1244&1006.001 PB 00520.41 01.11 03225 POR! N 15SUEC-FOR REVIEW 1113406 KB CAD RIX: 12490-1805-001.DWG AMMO PISS WO • 5•..a eon.*a 15230.3" 5110.1 30^ EA P5 ISSu€D FOR RENEW 4./1509 RC .H..4FORERUNNER TOTAL 224.27 PB ISSUE FOR REVIEW 1/20109 RS ........ 4, E, g � rdr.NIPC41I7449 LLb a sEA' PML 34 N.1613IIS,01 . .,53 N 3430 3 aFarr 34 5.754 54 co 222,142.54X 44 ea 66'rr-rt•7 '57604 2* / MOO 2025 ALIGNMENT HORIZONTAL DISTANCE 1 A s� £3 b , ' R iFs g,. 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F,.A,; yjT�.,(;{ ., ' _` .F f''r ' \ C.:riSthu[,iCli '+.�. - _ L014 5 jt+. _. « "� .-, r...J':CHE, RECEIVER SITE • 1 fa�yr' -�''-+ 79-.' 01,1 'r F-_ s }Js' f( a .T' rY's #w a �,,,"Pri l9-, Fr,• -yf�`. «i- , ' f., .,.- ,1. 1!40•'. ; ., :!r Zi i./P ,nx; �. NnI+.;HLINE FOR : P. '12499-tSb5-005, 4. .` ♦5.94, ;t 405+' " - s " ^ . CONTINUATION - -. N. rtC9SCAO_ I 'j _--SET ;,' L. • '- PROPb_LL. Ip` • •+�: LATERAL'S D E- .. ._ 2' TO THE NOR'H G- _-., .,_. " PROPOSED ID- 3 F�� 4 „ r a.'f{. t. .,v. +J t' �"� � C f x^^��y? }: A ':,h • �F jeM+9ca.-3..',f 4' ,yn�}s�` `�-!. "a� . . ..• a"H .r'.. , a • . 1. � ,r • : ,. r * - y . y + _ ,. 2.1 . Y ff• .. .. .. #• i r. ,,. ! !. )],.• ,. L9NC ti LA' 711,93 ,S 195113-5,- ? T : 4 .dr' 1 y 1 f �;' f 9- s t { " 4 ■�� v+1 r AR 4 y•� � , -,AC.: IA,ERAI 'M1 'E -nRC�L fJC. 24 Qr..a.':': .. ...� :'.'I'. I X11 ' 1E -ENC, .. ✓• - vE.Cv€9 CAn'Q CQ.51PA:. _ P44• ale r/ �i/r r to .' , r' • ' {� h r - 5i' y� pp I"t I.A, r '� 1. '� t -. r 1. r ,..'. ♦ 'S AA . 'S^, w , ' ` �!'4 f . 7 SECTION 23 TBS R974Y ,. -i SCALE 7:2444 7#. r,. P9± r,{I7 . . , 200 0 200 406 FEET r l 1 ' 7 } - �'. .. '. , .. ... ! . 1 - -°'f1!ik, };e1J+"• • , ,: Y #' # e r" 9 ti .P ix'. l i, f .. 5 „ 5 i '5( , �{L• �k1 ,l� _ - r t - 4 %b.++1.A k' , 9- - r p , r 9-r 1 „/ S°C CO C• FEET • - ,, .,�/ - .. - - • df� ' 4Y ' I - lit 2 - 95CGi1 15 PLO, 15' WP0 W•14] -0A STC PIPE DATA PROFILE 6900 8800 W- 500 1; 5656 "v 55.0 $ 6129. 6i1v.-,i„, Ps 5 1�'r . •"4 0 5' t -I; GRADE .. 5920 555 5*50 dpi 552] 5500 505-09 510-00 9-9+00 214500 215509 215«09 529.00 259-00 254.00 225.00 251..01 550.10 535-05 HGfnZOHrel SC•LE •` - 205',vfli-c L 86eLE 1' - 200' 214-49 535-05 i - 0 Rr�r 0 0 BS 0 28 G Q 22 Cil 1 Y I -BS r. A 1 15 V o O A STA Si AilCll v CMC 15499-1765-M ISSUED FOR REVIEW MAY 2009? ForeRunner Corporacion 43:2 111' 134.5' 87 55.5 5.0' 59.1' 11.9 40.5 4 5.8' 1,1559' 5.2' 8169' 5.5 552.5' MA ©P [00 Pse _CD9-'l lil Ray • TA LA L' Acrl41V . 3J A 6' O.65517072 C, BILL OF MATERIALS NOTES LEGEND REFERENCE DRAWINGS E } / REM PPE DESCRIPTION QUANTITY REM PIPE DESCRIPTION 4UAHITfTY DWG. ND.I DESCRIPTION PROD. IDS:12•I61A PROJECT ENGINEERRTOWF!$ENG E r C JS INC. 1 10,75010Ds 0.168'WT, API SLAW, ERN 1416 MILS ME 2446.2 ii DIES. c1E n1A1 -- _ - _ _ .10.99" rAu Pa pinx 9A usx 12410.1 10' HAYSTACK LATERAL ALIGNMENT SURVEYED:FRC SECTION:23 ..: 16 1DIlCTI 1BBD,IS-10162 C0,025P55.1, AA SAM 085.14-16 N5 FTE 1 EA- o< x ` 9-01.1 10468-176690110 PIG RECEIVER PIPING PLAN DRAWIEIKB 5/20108 TOWNSHIP: MS RANGE:RS7W P- -13436 JACKRABBIT 20 IOUSTICNE9D,20'•10a5C COT 0E0'KT, ARl4331, 1064.1415 111.3 FE 2E. WPM, LW -4-- 9 98,4ri5555905 �� 18116.150-10�BOUR1ERNPIGGNO FACILIiY8f1E PLAN CHECKED: CT 47/09 COUNTY/STATE:GARFIELDCO., CO 26 1DI1CIg40008.14250'a01975PW.!ARR-9-57 DOT 15161118FBE AEA. fA4'""` "` �1 4401000Ys,9r2110. 171134608408PUCKETTLAND CO-EABE1Eiir0041BIT APPROVED:ILTQWNSENO LINE/AREA GATHERING SYSTEM EXTENSION fib Ou6-lldZ�,.5j 10350' coo -EP -WA tune, 1418115 FIE 1 FA 9'214:929147 Ltd - A A_ 17I641easaa Pucr�TTLAN000.rasr wrre�w18r1 REVISIONS 99 NNCTNK6EID,TO'-16a3aroASIZATW►,AAStXSIEV,,1E1ii113F _ , 1E. OH Ltd -P v c� A � � u„� 251 P 90" HAYSTACK LATERAL 86 IDIICIIGiBBC, 6T•10.RP 00502!PYFS,AA1J0q �Y,14.15618 FBE iP_A m mEwloc OK TT N01 DESCRIPTION DATE! BY STA. 209+43.3 TO 234+42.6 .5 REEPOIC u[ _ _ T - T _ _ uea x� Y41M``a P1 1 ISSUED FOR REVIEW 2/14N9 K6 Crac uc -C-4- -M--Ff P55 t-3 o P2 '.166umm FOR REVIEW 7113779 MP SCALE: AS NOTED DRAWING RUINER REV. ®® �j. - l6SUEDFGR REV maw Gw PJD SHEET No, BOF 6 12486160&-006 PB ' ‘1210.51.111r s. T .-.--. P4 ISSUED FOR REVIEW 4/13100 KO AmS7.42 ACCESS PM - - CAD FSE: 124691506000-0W0 9T5e0k Ew9151 PPr114uSE9190D+o. FOR REVIEW 6f164. RC .,. FORERUNNER ...9-.w TOTAL 2.490.$' PB ISSUED FOR REVIEW 5/20,Ce RS �+• m pmg\Alignment Shee15\1 pec1. Iden\tPCO\1299A-A Marathon 20 LR P-13435\0ra.ings\05_1 MON PIPELINE 1OR 10117110671O61 SEE DRG 12499-1705-103 z 0 4479 300 ANCHOR NANN% 5 STEEL ROUST BEAN SP 11 A 124999-171 5-002 2'-0• 30'-10• 15'-2 7/8• INSTALL PIGGING BARS IN ACCORDANCE WTN OWG. 12459-1700-100 12499-1705-002 978' 1'-10 I/O. DETAIL 10' 108-BA5FP 8'-0 7/8- s .1'-2 1/2" E'-4 3/4': 4'-1 1/4• 1•-1 1/8- 1* -10 5/87.. 1'-0• •1 4 1/2". 1'-2 1/2" 10 20' 14005NER FOR CONIINUARON SEE DWG 12469-1721-017 11'-11 1/2- 1611 EOC. REO 16'410' 40-4 1/2" 3.-0" /2- 21'-0 1/4" -17 3.-0. T'-5 3/4" PLAN SCALE. l/2' • I' -O• 16 ANS 600 01I0c OPENING CLOSURE ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunnar Corporation NOTES: REFERENCE DRAWINGS REN9045 ENGINEERING RECORD 12491-1795-003 10' PI0 RECEIVER 30 4505(095 & B0U ORA'1W1 n1EEME0 CLIENT 05/29/09 12499-1701-017 SOUTHERN R54360 (AGILITY 11E -IN PF965 PLAN'. 12499-1705-103 SOUTNE96 PIGGING (AGILITY STE PVN 12499-1700.1 9191416 OElul - BARRED PIGGING EEE PR01EC1 110941. PROCESS UEERA0CAL nw 44-.,.1 i Po a.atia pop., r raPearorpr rapawl. II hap nal *to 4.64146 anN sa. a.. aW F.a.woll. elms ma.m. w, 6a4,161 a 401 u N 4,0.4.4..+M1N1N, loan. r ol.M . pahl4lhe444.4.6puNdw1 . w 1• M hoed la 6. 4m b noon a• p 4 r 9eew41..nwl Ow .mly prem.. ..66 164rronw..a coop a.a/ ran..-. cop . Or ri 0.1 awnmla a EPCO, INC. ENTERPRISE GPT 05/29/04 PIPING STRUCIU'R 12499-1705-002 10' PIG RECEIVER P99NG SECTIONS k DETAILS 4 15111E0 10R COIISIRUCRp11 DWG N0. RTL. REV. O(SCEIPRL5 �rA•F ' R nae 0 DATE DATE ELECTRIC/. Ik0 %FORERUNNER • 1705-001 113m PIC RECEIVER PIPING, P-13435\Oro.inge\O5_,IGin iloprtock Lateral \17135 Piping\1 Fite, \ PTO \12449—A Morothon 1613 AM Growing; S:\Pr P43436 JACKRABBIT GATHERING SYSTEM 11 HAYSTACK LATERAL 10^ PIG RECEIVER PIPING PLAN 61 NOTE0 rases w 17499-A Immopm, sun 04019[DD CO. CO 12499 -17O5 -0O1 0 15 CONTRACTOR TO TAPER BCRE PIPE ENO 70 0.343" W.T. NA%IUUN. 0250' WT. MINIMUTA. FOR WELD 70 0.250` W,T, UHE PIPE SEE NOTE 1 SP 10 ANSI 300 11 & STEEL THRUST BEAM ANCHOR FLANGE 'II 4! ANSI 300150 QUICK OPENING' 03 FRAEHCD GRADE G FIIII5NE0 GRADE SECTION SCALL 3/8' = 1'-0` 1249917005-001 cip CD PiG 20 m®m 10' BARRED TEE P1 5208 SR 2" ANSI 300 001129 OPENING 02 CLOSURE 00 `Y '2B ZBA -RI. 0E -BA5FF 0 co 10" PIPE SUPPORT W/CLAMP SECTION SCALE: 3/B' = t'-0' 12499ti0s-0111 51G 20 P1 520A m 2" EQUALIZING LINE to W. 49 ml^ 63 16'x10' ECC. R (FSC epoom 0 02 2' ANSI 300 QUICK OPENING CLOSURE 3 -0"x3 -0"x1 .-0" THICK REST BLOCK SECTION SCALE 3/B' = 1'-0' 12499-O0I SP 02 2 AND 300 QUICK OPENING CLOSURE 16" PIPE SUPPORT W/CLANF 4 3 01 16 ANSI 300 QUICK OPENING CLOSURE CONCRETE SUMP 0'-1 1/2" 000 SECTION 01HISNED GRACE 50211. 3/41` = I'-0' 12499-1705-001 NOTES: 1. TAPER BORE SHALL BE IN ACCORDANCE YATH ASME 031.8, APPENDIX I, PARAGRAPH 11.2{3)(2) AND SKETCH(B) OF FIGURE 15. WELDING SHALL BE IN ACCORDANCE WITH PARAGRAPH 11.1(0). 13490-1705-003 REFERENCE 3RAW3355 15 PG RECEIVER 30 1501411RIC & BON REN510N5 12499-1705-001 10' PG REOFIIER PPM PLAN ISSUED FOR CONSTRUCTION DWG. N0, DESCRIPTION —.M.G. 9 24 8Y DATE CFR -..0116 4 4, ENGINEERING RECORD ORM CHECKED CLIENT PRO.0CE NGMT. PROCE55 MECHANICAL PIPING STRUCTURAL ELECTRICAL S0 Dor 05/29/09 53/29/09 DATE PR GATE &C RA. 4swnnt b IM 4.4'4 rw.lt el w .w wA t40 cool an tobratiod rod - the Or, m.Entb F csrdw4, e1IN doportol k. NM le to ep ae p. .:nca.A kor,a w ov..+.. d0... 4. gggr( 0! clAta then hatb .4 !w 0, peahmy p,40410! .Mn .. tl 4 w 4. ewim�la twa� %FORERUNNER ,® IMAM u am ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation EPCO, INC. ENTERPRISE P-13436 JACKRABBIT GATHERING SYSTEM HAYSTACK LATERAL 10" PIG RECEIVER SECTIONS & DETAILS A5 NOTED PA01 w. anloowrr S7AI rtmav 12499-A GARFIELD CO., CO 72499-7703-002 0 ECEIVER PIPING ELEVATIONS & DETAILS.dwg u1\1705 PipinG\12499-1705-002 1 9 10:14 AM Crowing: S: \Project Fries \EPCO\12499—A Marathon 20 LR P-13435\On2wingg\05_101n z U z CEI VER PIPING ISG.dwg ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation MARK DTY SIZE DESCRIPTION LENGTH 10' 81861.0044 BEND, 30 DEG, 115 SOF 20 (0.350'), AA 51. P5L2, DN. X52. 941.5 DR ERA, PE (COATED. 14-16 141.1 FIR) (2.-cr TANGENTS) 28'-5 11/16'. 2 PIPE. C5, 065, 515 (0.365'), 4514 8-4068-406/853,14P1 51. OM B, GR. B. SAILS CR ERR. COATED. 14-16 Mt. 10' �18.-7 1/8' 3 10' PIPE, C5 S10 (0 165'), 4.516 4-106/453/APL 51. CR.. 8, SMLS CR ERR, PEG 40•-10 5/8' 4 16' PIPE, C5 SID (0.375), 4514 A-106/453/API SL GR. 8. 5410 OR (00, PEB 7'-0' 5 2' PIPE, C5, 786 (0,218•), A514 4-106/A53/A8 51 1R B. 911.5. PE I6'-6 5/0' 6 4" PIPE. 1.5, 51D (0.237). 45444 A-106/053/API 01. 019. 0, 5415 PE 14'-0 7/16" 7 8' PIPE CS 510 (0.2601 AVM A-1C6/AS3/API 31. 06. B. 911.5 OR ERA. PE 7'-6 3/8' 10' E11. SEF IN, 115*, CS. 5113 (0385'), 6514 4-234, GR. RPB 2 2' ELL. 90IR. BA, C5. 01 (0166'). 45111 4-234. CF. RPB ID 5 ELL. 90 1R, B9,, 4,, S70 (0 23r), 8514 A-234, GR. WPB 11 ELL 90' 18, BR, (9, STD (0.281'), ASTM 4-234, OR. RPB 12 10' FEE, NIL, BW, C5, SID (0.365-), A5111 4-234, OR. WP8 13 3 10'14• ILL, REO, 086, G5, SID (0.365") v 570 (0.237'), AST4 A-234, OR WPB 14 10'm9' TEE, RIO. BW, CS STD (03651 v 510 (0.260'). ASTM A-234, CR. WP8 15 16'16' 11E, RED. 041, CS SID (0.375') v 510 (02001, ASTM A-234, GR. 00 16 16'110' RED, ECC, BW, C5, 544 (0375") 1 STD (0.365'), 05111 4-234, GP WPB 17 16" 0L05UAE, HINGED, TOR. 03860, fll-3716-0600-52, (511-31) 16 CLOSURE, CAP, YALE -1506l, BW, FS TYR TN R.T. ER B PIPE, (SP -02) 19 4• 90509E, YALE, 66006, BW, ANSI 300 TWT S15 411 CR. B PIPE (511-03) 20 10' FLANGE, 409 308 REM, F5. 547 , A514 A-105, 916.5 2 2 16' FLANGE, 4949 3611, REM, 95,670 BORE, 45114 A-105, 816.5 22 2' 111.6611. AH9 300, RFNN, F5, 014 BORE. NETT A-105, BIT 5 23 4' FLANGE..449 304 8190, 85, 570 9141E. 4514 6-105, 816.5 24 6' 9141411, 6219 300, 9P181. FS. 570 BORE, AS11W A-105, 816.5 25 11/4' (20) STUD, 45064 6-193, C8 87, R/(2) HEX 110 NUTS. 65196 W-194. GR. 2H 7 3/4' 26 (16) STUD, ASTM A-193, CR. 97, 15/(2) ILEX HD NUT5. 6514 A-194. CR. 244 6 1/2' 27 1" (16) STUD. 4514 A-193, (1 87, 6/(2) NES NO NU15, 69164 8-194, rR 24 7" 26 2 3/4' (12) STUD, 6514 6-193. GR. B7, 6/(2) SEA HD NUTS 651M A-194. CRL 25 5-1/4" 29 6 3/4' (6) 5190, A5TU 4-191. CI. 07, W/(2) FET ND NUTS, AVM 6-194, OR 2H 4 3/4' 5/8' (8) 5100. A511.1 4-193, CP. 87, 9/(2) NET ND 941315, 6514 8-194, CR. 214 3 3/4' 31 3 10' 14,0011, 1/8- DR Albs 300, SPIRAL WOVHD, NON-698FS705 FILLER, 816.25 FL1418U3C TAPE CG 32 16' GA7E7, 1/8" 114E AN9 304 SPIRAL WOUND. NON-656(STOS 991(8. 816.20. 85083AWC 7YPE CG 33 2' 1654417, 9/8' DIE ANSI 300, 911/AL WOUND, NON -ASBESTOS FILLER, 616.20, FLE1018WC TYPE 11 34 4' 049,11, T/8' 1Ht 4449 300, SPIRAL 911x10, NON 5815105 NAP, 816 .20, FLINT/611C TYPE 01 35 4' GA91E1. 1/8' 164( 4449 300, 5PRAL WOUND. NON -ASBESTOS MER. 016,20, FLEA/TU.1C TYPE 01 36 37 NIPPLE, 1.5, 160 (0179'), ASN 8-106/453 GR. 8, SAILS TBE 4' 1/2' PLE€C0 BLEED I/O' HP7 55 3' 38 2 10' IN5UL8036 GASKET SET, 0.308' 1115, ANSI 300, 81007511, (1) FULL LENGTH SLEEVE FDR EACH BOLT, (2) 165ULAANG WASHERS FOR EACH 00LT. (2) PLATED 51E06 WASHERS FOR EACH BOLT 39 4' INSULATOR GASKET SET, 0.308' 1106, ANSI 300, P10071E, (1) FULL 6(6911 5LE165 FOR EACH BOLT, (2) IN5ULA1INC WASHERS FCR 16(6 BOLT. (2) PLATED STEEL WASHERS FCR EACH BOLT 40 8' 114914321.1 GA9VE1 SET, 0.308' 1141, ANSI 300, P1801E'5, (1) FULL LENGTH SLEEVE 100 EACH BOLT, (2) 1615U-FDN5 WASHERS FM EACH BOLT, (2) PLATED 51006 WASHERS FIAT EACH BOLT 41 r PLUG, 8EX SOLD, FS, DIRO, 45151 6-190, CLASS 3030 42 3 1/2' PLUG. /EX SOLO. 0610. 318 55, 0.455 3000 43 3 10'41' 1FW[0CLF1, FS, A591 A -ICS. 4'4415 3000 44 l9'.3/4' 1164/01017, 95 4511 8-105. 00.455 3000 45 16"x3/4' 19611001€4, FS, ASV A- I05 CLASS 3000 44 3 Ys1/2- 11041183rD. 95, 0514 6-105. 0.455 3000 47 4'x1/2' IIR(DOLE1. F5 4514 A-106 CLASS 3003 46 3 10.42' 1E1DOLET, RUIN 510 (0.365') GRA/ s BR BRANCH NI (0.218') GR. 6, 009544 PER 654E 931.8 PAR& 831.4, 506 4ACP, 8(11141 FACER 06 FOR RUN A1@7 8846104 PIPE, 855-50.87 49 2 15'42' 1ELN0E1, RUN 510 (0.37516k B x BW BRANDI 41 (0.218') GR. B. DE974 PEP 658E 831.8 PAPA_ 831.9. 506 MMIC, 0E9GB FACTOR 0.6 FOR RUN 8144) BRANCH PIPE, M5S-511-97 60 18'x4' 'MOUE RUN STU (83751 GR. 6 x 6' BR4NDI 510 (0 237') (R. B. DE92 4 PER ASK B31.6 PARA 631.4. 506 44CP. NE5GN FACTOR' 06 FOR RUH ARO BRANCH PIPE. 455-5P-97 51 2 10' VALVE, 0411, 4149 350 RF, FULL POR1, TRIPP671, -/ WO0, 8116 60, (196-645(11) 1-10 3/8' 52 NOT UM 53 t' WARE, BAIL, JAYS 360 RF, FULL PCRT, FLOATING, 4/ WRENCH, API 66. (28-8.509) 6 1/2' 54 4 VALVE, 8411, AN9 300 RF, FULL 8091, FLOATING, r/ MOO, API (0, (40-065FP) 55 YAM, BALL, ANS 300 RF, FULL POR1, FLOATING, r/ WOO, 4111 60, (68-8A 8) 1'-3 7/8' 56 NOT U5E0 57 3 VALVE, BALL, CLASS 1500. F5. 11410. FULL P71, FLOATNG R/ 590606, API 60 (2B -8859P) 2 3/16• 58 1/2' YA161, NEEIXE, I/O' MMPI 1 1/2' FNPT, ANDERSON GREENWOOD 89400-44, (1/244-894) 15/16' 59 60 3 3/4'0/2' VALVE, PLUG, ANS 300 RUE, CS 5000 ARD PLUG, PEG. P411ERN BOLTED BONNET, LEVER OPERATOR, (411- BAS) VALVE, GAUGE TARE. 3/4'42P1 A I/2'FNPT, ANDERSON GREENWOOD 145 410-46 (3./414-084) 5 3/8' 61 10' PIPE 0.06,1P 9/31[0. 9111 ER001, I/O' 14806 11.0.1 PANG INSIDE CLAMP & 1CP O SHIM BLOC@ E-2 UNE F106 TSB 16 62 16' PIPE CLAMP 94/51011. 9114 BLOCS, I/O' THICK P.Y.O. LIN6FG INSIDE CLAMP & TCP OF 51118 61005 1-7 LINE FIG. (58 1D 63 2 10'12' PAG 9ENtl., MR RG 9G V, 604-3000-0000-51 64 10' 196(1509 BEND. 30 DEG. C5. 511 20 (0.250'). API 51 892. CR. 852. 9115 OR ERIY, F4 65 10' MOTOR FLANGE, 0449 300, 911. 4-105 NR 8, 616 5, 5111 FIORE, (0.365" 86.1.), (511-11) NOTES: REFERENCE DP491HG5 ENFAHE14961 R1C990 12499-1705-003 10' PIG RECEIVER 3D ISOMETRIC @ BOM DRAWN CHEC(E9 rCLIENT PROJECT MUT. PROCESS MECHANICAL FPIHC 51RUCTURAL ELECTRICAL 12499-1705-002 10' PIG RCEEIYER PIPING 5E01%5 @ DETAILS ISSUED FOR CONSTRUCTOR A• 1F�II� �tk 5.61 05/29/09 CP1 05/29/09 DAG H0. REV. DESCRIPTION 3AIE .PPR DATE I & C 9rt4 -ter. a 4nMw.ar xe.. _. A rat err *4 9 -H .1,t ..".ate.; M. rt 1 Ovral Ora arrant 4 OM to to 45, '01 14. , a e.1- o�x++t aummm4 mr, „- t. em ,,.a a. the .P.. m a Ora Wmt nr m.x t n a '.ror .5 r.,.. wrnaef n8 1. r..: FORERUNNER tme.atear etm EPCD, INC. FAT[RPR15E P-13436 JACKRABBIT GATHERING SYSTEM HAYSTACK LATERAL 10" PIG RECEIVER 3D ISOMETRIC Si BOM mit 4401 41 64456040, 1745 00 w 3/16'-I'-0' 12499-A GARFIELD Co., Co 12499-1705-003 0 30'-10" 21'-0 1/4" 5'-0" 15'-2 7/8" 21_0" 1' -IO 1/8" 1 —1 1/o- 4.-1 1/4" 1'-10 5/I 10'-4 1/2" 1-5 3/4' ID" ANS 300 ANCHOR FLANGE & STEEL 1HRUST HAM SP 10 PIPELINE. FDR COHIINU1110N SEE DWG. FOR OETAIL5 SEE DWG. 12499-1705-101 A 12459-1705-005 T L 1 INSTALL PIGGING BANS IN ACCORDANCE WITH DWG. 12484-1700-100 12'-5 7/8" 7/8" 1/2" 1 -4 3/4" 16" 108-805FP 1'-4 1/2" 1'-2 1/2" J —D" ! i 12499-1705-005 7/8" 1-0" '-0" 16"x10' „REO. TEE 15 ANS 600 WICK OPENING CLOSURE 11'-11 I/2" PLAN = 9-0" 13'-0 1/2" 3'-3 1/2" 3'-0 5/8" O 3/B" 1'-10 13/10" 2'-10 1/14" 9' 1'-5 1/2" 1-111/2 10" 108-0ASFP 6'-5 1/4" 6'-9 1/10" 1'-3 7/19• 12'-8" DETAIL SCALE 3/9-1'-0 10"x5" R TEE- FRD8 WELL j144 J ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation NOTES: REFERENCE DRAVHGS RR15 ENGINEERING NEC DRAWN CHECKED CLRA'T S.8 /20/ 12499-1705-906 10" PIG LAUNCHER 3D ISCNEIRI0 & BOLI 12499-1705-101 10" LAUNCHER- 91E PLAN 12499-1700-100 2499-1705-005 PIPING DETAIL - BARRED PIGGING TEE 10" PG LAUNCI-R PIPING SEc110H5 b DETAILS SSUED FOR CONSTRUCTION ORG. NO 111LE RE 0E5011950N PROJECT WM. P904E55 `� MECHANICAL GPT 05/29/09 r j 5571X2 j STRUCII I /29/195nEOTRICALAI 05 17A10 , OAIE,APPR DAZE 1 & C Trot ratc.dni I. mat, ,I ped b ma a w. twin a..ep. IM 4 N. ale,l tared. IFN canameat a NOT 10 it I. be nb w� WPHIPHIc het arilNur al1.1 low 0. dot. rmmgaa., m r.r n 5514. algae ...A la t lau:..nta 1• Fe/Wanner COR .d/Or C1.1. EPCO, INC. ENTERPRISE FORERUNNER P-13436 JACKRABBIT GATHERING SYSTEM HAYSTACK LATERAL 10" PIG LAUNCHER PIPING PLAN AS NOTED iRll 151 P07101115, SON W14 IIA. 12499-0 GARFIELD co,, CO 12499-1705-004 R PIPING. PLAN.dwq o \1705 Piping \12499-170 fogs\05_1Dfn Poystack S\Project Files\EPC6\12499—A Marathon 20 LR P -13436\D Plotted 6y, N.H11CK1NO Dat 4 ANT 300 QUICK OPENING CLOSURE SP 02 2 ANSI 300 QUICK OPENING CLOSURE 7/02 2^ ANSI 300 QUICK OPENING CLOSURE 1 f 10 ANSI 300 ANCHOR FLANGE 1 & CONCRETE ROCK FOR DETAILS SEE 0AG 12499-1403-100 CONTRACTOR TO TAPER BORE PPE ENO' TO 5.343' W.T. 9A6LEJ6, 0.250` 4.T. 4191411. FOR 6E -LO TO 250,14.T. UNE PIPE SEE N070 I Q 64_'—_=ice= 10'.4" REO. TEE FINISHED GRADE SECTION SCALE: 3/66 = 1'-0° 12493-1705-D04 2' ANSI 300 QUICK OPENING CLOSURE 51 PIG I SIG a) 10LO — s . —Lim. 611IIur&i/i1 �rir�riiljIL� ` 064yiv BARRED TEE (MUD ki CO es f ©� r I 61 SII r 2' 211-R! 10' PIPE SUPPORT W/CLANP SECTION I A SCALP 3/6' = 1'-0' 12499-1705-004 SECTION C SCALE: 3/A' 1'-0° 124997173-004 3' -0'931 -0119I' -O' T1110* REST BLOCK 16'x10 ECC. RED. (FSD)60.SB r REQ. TEE 01 16 ANSI 300 QUICK OPENING CLOSURE 16' PIPE SUPPORT W/CLAMP SECTION SCALE 3/16'. 1'-0' 12499-170 -004 ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation NOTES:. 1. TAPER 6011E SHALL 6E IN ACCOROANCE WITH ASNE 631.8. APPENDIX 1. PARAGRAPH 11.2(0)(2) AND SKETCH(B) OF FIGURE ID. WELDING SHALL BE 19 ACCORDANCE YATH PARAGRAPH 11.1(0). REFERENCE 0006905 REV19015 ENGNEEBw0 010090 DRAWN CHECKED S.B 05/29/09 12499-1705-006 10' PG LAUNCHER 30 150*E & SOU 12499-1705-034 PRANG RG LA014CH€R NG PLAN14441....-wirro OM ISSUED FOR CCNSIRUCTION DAG. N0. NNEE REV. DESCRIPTION CLIENT MEC NGLIT. PROCESS LIECNANICAL PPM STRUCTURAL /29)0@ D ECTAICAL APPA 001EI&C BY DATE CHK DAZE e+ wr o =W. cp.. Itmw. no11 un Mme. .4 old- Thfdnlid n 60666.4.6a 1ANOT<A ePtpas.4 MC nue et 1.1.4 .0.44 4✓M.d,4 P.4popes. ether Olen 4 4. MPi1m Is ux Me wmeY, mYOe4�Yr/iv Tr,l n ra✓e.,.,. L4 44/.> .m EPCO, INC. ENTERPRISE CYT 05/29/08 FORERUNNER P-13436 JACKRABBIT GATHERING SYSTEM HAYSTACK LATERAL 10" PIG LAUNCHER PIPING SECTIONS S DETAILS SAS NOTE0 Nw 44 ant n, 991 12490-A WEIRD CO., CO 12499-1705-005 F ER P PING EL ngs\05_10in Haystack Lateral '0705 Piping '02444-1705-005 1 113 0 a ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation MARK OTY SIZE DESCRIPTION LENGTH 10' LNDUCTIGN RENo, 39 UCG. C5, 5CH 20 ED 2501 API 56, PS12, GR. X52, SIPS OR ERw, PE ((041E0, Il -16 1145, FRE) (2'-0' TANGENTS) 26'-5 11/l6' 2' 10' PPE. CS. 595, 510 (0365'). AS191 A-1061451/API 51_ GR. 8, GR. B, AILS CR 19.6 COATED, 4-16 HAL f414 18-9 1/8' 3 10' PPE, CS 51D (0.365), A5151 0-166/053/API. 5N GR. 9, SINS OR 0315 PEB 40'-50 5/0' 4 16' PPE, C5. 519 (0.376). 45199 A-106/653/AR SL GP. B. AILS OR ERIN. PCB 1-0' 2' IPE, CS, XN (0219'). 40511 4-106/053/7I 5L MIL 9LLS, PE 16-8 5/8' 4' PPE. CS, 51D (6.2371 45194 A-106/453/API 5L GR. B. SIRS PE 16'-6 7/16' 6' PPE, C5, 81) (0.261'), ASN A-106/153/API 51 GR. B, SIL5 OR ERY{ PE a 3 10' ELL 90' LR, BA, C5, 510 (0365'). ASTM 4-234. GR. WP8 2 2' Ell, 90'1.R, BW, CS, 5I4 (0.216'). 405118 A-234. GR. WPB 10 2 4' ELL. 90' LR, 600, CS, 510 (0.237'). A5199 A-234, OR. 'ARB 11 6' ELL 90' LR, 64. C5, STD (0.280'). AS110 0-234, GR. APB 12 10' IEE, FS)E. BW, C5, STD (0.365'). 011u A-234. 1R. 1198 13 12'x4' TEE. RED. 621, CS, STD (0.365') . SID (0.237), ASIA A-734. OR. WPB 14 10'x6' TEE, RED, 114, 4'5, 510 (0.365') x STD (0.260'), 05TH 0-234, O4. 1R8 15 14'16' TEE. RED. 600, L5, 5111 (0.375') x SID (0.260'), 405198 A-294. GR. YR® 16 16'x10' RED, ECC, 94, CS. 519 (0.375') x STD (0.385'), 05144 A-234, GR. 098 17 16' CLOSURE, HINGED, 154, 02000, 119-3716-0800-52, 0-21) 18 2' CLOSURE, CAP, YALE -9500V, BW, FS 10011H WT. GR. B PIPE, (9-02) 19 4' C1.05043, 4011, 95000, BW, ANSI 300 190 510 Al GR. B RPE (SP -03) 20 ID' FLANGE. ANSI 3046 HEWN. F5. 510 BORE, 85144 A-108 8165 2 19' (LANG£, ANSI 300 RF614, F5, 511) PORE, ASTM A-105, 916.5 22 2° FIAM M, ANSI 300, R1614, FS, XH BORE, 8519 A-105, 916.5 23 4 4' 119X(11. ANSI 300 RPM. F5. 510 BORE. 85118 A-105, 8165 24 2 6' RAW, ANSI 300, 061114, FS, 510 BORE, 405111 8-105, 916,5 25 1 1/4' (20) 51170, ASTM A-993, CR. 67. 0/(2) HEX 1(1 NUTS A5101 8-104, GR. 294 7 3/1' 26 1' (16) SHA, A5111 A-193, GR. 97, w/(2) NUL 90 NUTS, ASTI 6-141, GR. 28 6 1/2' 27 2 1' (16) SIVA, AS19 A-193° GR_ 97, 00/(2) HEX IO 61115. 40516 A-191. GR. 2H 7. 28 3/4' (12) 51)10, ASIA A-103, GR. B7, 00/(2) HEX IO NU ASN 4-194. GR 214 5-1/4' 29 3/4' (8) 51140. 45111 0-101 GR. B7. 642)9E14 141 96115. 05164 8-194. GP. 24 4 3/4. 30 5/8` (8) 5110. 4748 15-193, CIL 67, 15/(2) NEI IO NUTS 0519 8-194, CR. 244 1 1/4' 31 10' 649/E1, ANSI 300. 0641 000411. 1104-0596 510$ FILLER, 916 20, FLU3IALUC 1190 CG 32 16' GASKET. I/O' 100 AN9 306 SPIRAL WW60. 0014-A9JEST00 FILLER, 616.20. FLEXi1ALUC T1PE CC 33 2' GASKET, I/O' 116 AN9 300, SPIRAL WOUND, NON -ASBESTOS FILLER, 916,20, FIE)21AWC 119E CG 34 3 4' 009107. 1/8' 111). 4049 300. SPIRAL KOUNO. NON-ASKST02) FILLER. 616 20, 41E1TALLL14 TOPE CG 6' GASKET, 1/8' 7414 ANSI 300, SPIRAL WOUND, NON-AS8E5125 FILLER, E16 20, FLEXITALUO TIRE CG 36 1' NIPPLE, (5, 160 (0.179'), A5111 A-106/053 GH. 9, SKS IBE 4' 37 4 1/2' PLEECO BLEED 1/2' NPT 55 3' 36 10' 91ILAB39 GASKET SET, 0,308' 118, ANSI 300, P1KOTEK, (I) FULL. 1.010111 SLEEVE FOR EACH BOLT, (2) INSULATING WASHERS FOR EACH BOLT, (2) PLATED STEEL WASHERS FOP EACH BOLT 39 4' INSULATION GASKET 71, 0.308' THK, ANA 300, 91414164, (I) FULL LENGTH SFLEVE FOR EACH DOLT, (2) N0JLA11NG WASHERS FOR EACH BOLT, (2) PLATED STEEL WASHERS FDR EACH DOLT 40 6' 019))40114'61 GAS041 507, 0308' 14X. ANS 300, 4160109, (1) FULL LENG1H $CLOVE FOR EACH BOLT. (2) I991LAONG WASHERS FOR EACH BOLT, (2) PLATED STEEL WASHERS FOR EACH $061 41 3 PLUG. HEX SPUD, FS, 10014. 95111 A-105, CLASS 3000 42 1/2' PLUG. HEX SOUP, 11490, 316 55, CLASS 3000 43 10'.1' 4140001E1. E5, 0511 0-105, 01855 3000 44 2 10'„3/4' 11&COL101, F5, 8401)8 4-105, CLASS 3000 45 16`.3/4' 11444014111. FS 4319 4-105, C1455 3000 46 2'1/2' OREDGLLI, F5, A519 0-105, GLASS 3000 47 1',1/2 RMPE00.61, FS, 405191 A-165, CLASS 3900 48 10`.2` 910 1E1, RIM 5R) (0.3651 0R. B a 65 (44904 AI (92181 G0. 6, DESIGN PER 844E 931.6 PARA 831.4. 500 IADP, DESIGN FACTOR 0.6 FOR RUN MO 60060)4 PIPE. 155 -SP -97 49 16'1' 010001, RIM 560 (0.375') CR. B . BIN BRANCH XN (0.218') GR. B, 86901 PER 859E 831.6 PARA 631.4, 500 11001, DE5021 FACTOR 0.6 FOR RUN AHI BRANCH PPE, 955-7-97 50 10',A4° RED. CONE. 8'00, CS 510 (0.3651 1 510 (0.237'). A5111 4-234. GR. RPB 51 10' 90140, BALL ANSI 303 6F, FILL PORT, 1014191461, or/ 11000,11P1 60, (106-945FP) 1'-10 3/8` 52 NOT USED 53 3 015E, BALL, ANSI 300 RF, FULL PORT, FLOATING, r/ 4RE011, API 60, (29-91154?) 8 1/2' 54 4' VALVE, BALI, ANS 300 RF, FULL PORT, FLOATING, r/ WGA. API 60, (09-605FP) 55 6' 5111E, 9ALL, ANS 300 0F, FULL PORT, FLOATING, Al FIGO, API 60, (68-9830P) 1'-3 7/B' 56 NOT USED 57 3 1' 1440)46, BALL, CLASS 1500. FS. 1016 HULL PORT. 11041N6 w/'WRENCH, API 60 (29-90544) 2 3/16' 56 6 1/2" VALVE, NEEDLE, 1/2' 44441 x 1/2' non, ANDERSON GREENWOOD MV4OS-44, (I/2N-694) 15/16' 59 001146, 9101, 469 300 RUE. 45 2001 AND RUG, REG. 90110RN BOLTED 90180€7, LEVER OPERATOR, (4P-0051) 60 3/4'51/2' 001140, CAULS TYPE. 3/4'6HP1 x I/2'TNPT, ANDERSON GREEHW0C0 45 I1S-46 (3/44-604) 5 3/8' 61 3 90' PIPE 41,411 0/51111 9118 BLOCH, I/O' 1H1051 P.V.C, 06ING 10597E CLAMP 9 NOP OF SHIM BLOCK €-0 LME FIGt (58 16 62 16' PIPE CLAIP 14/STEEL 994 BLOCK. 1/0' TN1(31 P,01C. U6NG 61506 CLAMP & TOP OF SHIN BLOCK 1-7 LINE FwI CSB 10 63 2 10'72' PIG 90141. 100 RG 90 V, 104-3529-0003-51 64 10' 9DUC101 RENO, SLI 0(G, C5, SOH 20 (9250'). API SL P9.2. 0R, 152, 94)5 OR ERw, PC 65 10' 0110408 FLANGE, AVS 300, MIL A-195 GR. 9. 816.5, 51D BOM, (6.365' W1.), (7-11) 6EFEBD 01 91AWN7 0045910 12499-1705-004 12459-1705-095 DWG NO. 15' WO LAUNCHER PIPING PLAN 10' PG LAUNCHER PIPING SECTORS 6 DETAILS 0 REV. 157E0 FOP C015TRUC1191 OESOIP10N f � DRAIN 0166x€0 ENGNOE 540 RECORD 05/29/09 CLIENT P40.EC1 IA T. PROCESS m...m.,,an, . ...hem A•ro.+r m Caop d.,�H�al hem Mof dYnP.apx.Tl ,a.111ex, PR.* our h.99.0 e,.4 4,mh, d, R Y ..,1110•04414 rwmPAr.w .ni,w . touw M, aliI ,.wdl F�mr <� n ;r..br. x.o Zee ~1. EPCO, INC. ENTERPRISE 11(0918 CA1 P1016G GP1 05/29/09 51RJ01URAL /79 ELECTRICAL DATE CHK DATE SPR DATE I h C FORERUNNER P-13436 JACKRABBIT GATHERING SYSTEM HAYSTACK LATERAL 10" PIG LAUNCHER 3D ISOMETRIC & BOM 61 3/16'-1-0' Mx b en,094n, sue oc ,q 12499-8 50114(0 CO., CO 12499-1705-006 a Plotted by N.HUCKINS z -•� 20" PIG LAUNCHER. SEE DWG 12499-1701-103 FOR CONTINUATION .e.4, 2(1110 i-. 6 \ \1\ !` -.. CON, RED. •-ti om \ ._fi` .,,...„..i- , \ \ \ , -,` \ \ / 20' TEE 70x10 —� . ` �.'/ 1 \ �CON RED. D`\ r ' TIE-IN PLAN SCALE. 1/2'=1'-0' 10- CASCADE LATERAL PIG RECEIVER. SEE DWG 12499-1705-103 FOR CONTINUATION MARK OTT SIZE LENGTH DESCRIPTION 4 1 10' 22'-11115' PIPE. CS, STD (0HMI ASTM A-IO51A52(API 51. GR. IS 24102 OR FEW . PE (COATED 14-15 MIL.FBE) 2 1 20 27'-45118" PIPE. CS, STD(0,375-(.ASTM A-IOSIA53IAPI5409.9,,03419 OR ERW. PE (COATED, 1416 MIL.FBEI 3 2 10" ELL 20'LR,BW. C5.STO (0365-1 AVIA A-234 GR WPB 4 1 20- TEE. FULL.BW.CS. STO(0375'). ASTM 9.204.109. WPB 5 2 20'00' RED .CONC.BW.C5.5T0(0375"1 x STD (0.365-1. ASTM A-234.GR.WP13 y} � 1` \ 10' HAYSTACK LITERAL PIG RECEI5ER. SEE — DWG 12499-1704-103 FOR 00411950909 ISSUED FOR APROVAL JUNE 02 209 ForeRunner Corporation GENERAL NOTES NOTES( REFERENCE DRAWINGS ENGINEERING RECORD PROJECT ENGINEER or DWG. 710. DESCRIPTION PRO1. ID 141: 12400# 124911701-103 SOUTHERN PIGGING FACILITY BITE PIPING PLAN SURVEYED: FRC '12499-1704-1111 SOUTHERN PIGGING FACILITYSITE PIPING PLAN DRAWN: NBH SECTION: 23 TOWNSHIP: E8 RANGE: 07W 124N -170S -1W SOUTHERN PIGGING FACILITY SITE PIPING PLAN CHECKED: COUNTY/STATE OARFIELD/DO UNE/AREA: EPCOI INC, REVISIONS DESCRIPTION A ISSUED FOR APPROVAL DATE / BY 99071001 NEM P43436 JACKRABBIT GATHERING SYSTEM SOUTHERN PIGGING FACILITY TIE-IN PIPING PLAN SCALE: 1R441' -O DRAWTNG NUMBER SHEET 140. I 12499-1701-017 REV. A CAD FILE: 12400.1701-017399 II.r.m. FORERUNNER N 1 iii. L 7 7�-_�_ S.7 WST,WCE oF 45 FoR A c 10' HAYSTACK LATERAL PIG LAUNCHER. SEE OWG o w .3' AkCA7f 1 i i l ! ! V i0" HAYSTPCK fOR CONTINUATION $2499-1805-004 l�` 7f` 1 /� / 25. L LATERAL SEE DWG EXISTING OXY PIPELINE 3 d 'r°(7'' x $ 4p�'yA0'S _ �. ri\ yp 4q's., iiii 4 m v 6- 2w d _ ' d ti4 m W / / �� 1, -� -----_?F_-.0. 1ill Q R a $ 3 a ti SITE 4CCFSg ROAD c ,I N 17499-1705-004 FOR DETAILS i 3' MAN GATE ___________ f it W/EMERGENCY HARDWARE (TYR) S if Qr 'r` ` w R r _ . O 4 n y 2 PROPOSED HAYSTACKS LATERAL 2 - MR LAUNCH! SETE ., .., 4.- m x "6.30'.141, A4.4 A OISrAA,CE Ot SO 41� 56'�O. 1 .„),„ 2-..._&-. V $ ISSUED FOR APPROVAL JUNE D3 2009 ForeRunner Corporation GENERAL NOTES REFERENCE DRAWINGS ENGINEERING RECORD EPCOINC 1 11/ NOTES: OWQNO. DESCRIPTION PROD. S1 I: 1249FA PROJECT ENGINEER GT SURVEYED: FRO SECTION: 11 42199-17115-0N 10' PIG LAUNCHER PIPING P AN . - TOWNSHIP: RANGEp.13438 JACKRABBIT GATHERING SYSTEM 10' HAYSTACK LATERAL LAUNCHER SITE PLAN .ALE: AS SHOWN DRAWING NUMBER REV. SHEET No. 1249R.17Ob101 a 12499-TE05-6011 10' HAYSTACK LATERAL AUGNMENT CHECKED: •• • !STATE RARFIELDXO APPROVED: LINErAR REVISIONS NO. DESCRIPTION DATE 1 BY A ISSUED FOR REVIEW 0411&130!NBH OWO3gpINBH ■ ISSUED FOR APPROVAL CAD FILE: 12400.1T06101.dwy / / / / / / / 10 ACCESS ROAD HE CORNER SECTION 21 395-8979 S 8113'45.1 7.098-76` SOL ACCESS GRAVEL ROW 20' PIPELINE 10 JACKRABBIT COMPRESSOR 0196014 POR 00101901101 SEE CWC 12499-1801-012 5 S2J, V4t� SITE PLAN 20' PIG IWNCHER. SEE 3146- 12499-1701-001 FOR DCIS 0 IY PROPOSED JACKRABBIT GATHERING SOUTHERN PIGGING FACILITY �EL5Tn1G HPELINE 11E -R PIPING SEE 0NG. �. 12499-1701-017 FOR DETAILS LOGAN WASH ROAD 4=4,10' 19475/403 LU Rol PIG KEENER. SEE 0WG 12490-1705 -001 FOR DEWS-, It e` 10- HAYSTACK LATERAL FOR COMMOTION SEE DWG 12499-1805-006 14 r 10 CA5GCL LATERAL NG RECEIVER. SEE DNC 12499-1704-001 FOR 0E131L0- - _ SCALE, 3/32'=1'-0' I0' CASCADE LATERAL TOR CONTINUATION SEE DING 12499-1074-004 ISSUED FOR APROVAL JUNE 02 2009 ForeRunner Cworatlon GENERAL NOYES NOTES: DWG. NO. REFERENCE DRAWINGS DESCRIPTION ENGINEERING RECORD PROJ. 97 9 : 12499A PROJECT ENGINEER: SURVEYED:FRC SECTION: 29- EPCO, INC. 1249417014/01 27 PIG LAUNCHER PIPING PLAN DRAYNN: TWANSI11P: 98 RANGE: 97W 12499.1704001 CASCADE LATERAL 10' PIG RECEIVER PIPING PLAN CHECKED: COU /STATE GARFIELDJC0 12469-1705801 HAYSTACK LATERAL 10' PIG RECELWER PIPING PLAN APPROVED: UNTJAREA: 12499.1001012 20 SUCTION TRUNK LINE IDCFENSION ALIGNMENT 12499.10¢4-004 1CP CASCd1DE LATERAL ALIGNMENT REVISI 12499.1006000 17 HAYSTACK LATERAL ALIGNMENT 12499.1701017 SOUTHERN PIGGING FACNUTY 11Ea* PIPING PLAN ND. DE9DRIP110N A ISSUED FOR APPROVAL SUED FOR APPROMAL DATE! BY 0002109A 94&1 P-13438 JACKRABBIT GATHERING SYSTEM SOUTHERN PIGGING FACILITY SITE PLAN 121/02109/ SCALE: 3r3r.r.7 SHEET No. 1249.1706103 CJD FILE: 12499.1106109.462 REV. B FORERUNNER �� M JACK RABBIT .7.4 CO1 PRES$PR } / �r / / /, 461 f CARDEN GULCH LATERAL PIPELINE D1TG 12498-180 S DRG 12409- (; .Hill EN GULCH 1.:1'I'ERAL PIPELINE III P •P -PCO, P-13436 JACKRABBIT GATHERING SYST FN O " i GAZEN T,AT GA FIELD COUNTY, COLORADO ISSUED FOR NEVI EW JU \ F 5, 2009 ALIGNMENT DRAWINGS DWG NO 12499-1802-00A 12499-1802-001 12499-1802-002 12499-1802-003 REV NO DRAWING 7 "LL P9 COVER SHEET 10" GARDEN GLC LATERAL UNE 37 10" GARDEN GULCH LATERAL LINE ALIGNMENT ?8 10" GARDEN GULCH LATERAL LINE ALIGNMENT P8 10" GARDEN GULCH LATERAL LINE ALIGNMENT PIPING/SITE DRAWINGS pWc Na REV NO 12499-1702-100 A 12499-1702-10' B 12499-1702-001 0 12499-1702=002 0 12499-1702-003 0 #2499-1702-004 1 12499-1702-005 0 12499-1702-006 0 DRAWNG TITLE 10' GARDEN GULCH LATERAL 10" GARDEN GULCH LATERAL GARDEN GULCH LATERAL 10" GARDEN GULCH LATERAL 10" GARDEN GULCH LA'ERAL 10" GARDEN GULCH LATERAL 10" GARDEN GULCH LATERAL 10" GARDEN GULCH LATERAL 10" LAUNCHER SITF PIAN RECEIVER SITE PLAN RECEIVER PIPING PLAN RECEIVER PIPING SECTONS & OETALS RECEIVER 3D ISOMETRCS LAUNCHER PIPING PLAN LAUNCHER SECTIONS & DE-A!LS LAUNCHER 3D SOMETRCS �1 RA.T J PROJECT AREA LOCATION MAP ISSUED FOR REVIEW JUNE 5 2039 ForeRLnner Corporation GENERAL NOTES REFERENCE DRAWINGS PROJECT NUMBERS DESIGN DATA ENGINEERING RECORD I LOGn ILL IIf61T65 PREP TOCOMSTLLtCTCN 2 CGM42NI PROEEC,m &FMIU1 CAI ON PANS SW1164EAMIO Nt1MOW ML16ASO.mn2o GTICPG4IP PRPIEC1E9. L ALL v.2222 sun KU. APPROAea,e wawa MNOM .. 2E2OYFfYPSL. Gip.E min wM1 INcOMmA1201 re 20202 21 L WAAL OWIc sus IN T05 6 1x92112. MEL.. AE 2206 lin.. 2/20111126 L'+ 121)02 2 1102 l4M5 021.22.101 WI AL011160 211660 SNu1 56 5011410 EVEOY YLP DESCRIPTION 4E+ OESCROT ISI -SEE SHEET PEIPX ON 11115 DRAW NG" P42LT6 JACXRAB022 001101111110 520114 510 PSIG - Io" GARDEN GULCH LAT. AMP -1N.0 SECTLTN.I. 22000 DRAWN 10 211055 020Art W 12 EPCO, INC. 2 5240 TYPE LINE NUMBER RAIMWL CAS DMPTWiOECO. c HEM PtO8C1 ENc emAPPWJVAL maw wWAGERAPPRWAL GANF@LP 0011NT2, 00001.00 LAT: LONG NAP NVLIEA EN04EN 014 APPROVAL C0 512XCRIDN AWRDI'0L DESIGN LOAF NITEAI 1EG APPROVAL REVISIONS THESE FACILMES CONFORM TO ASME 11318 CODES AND STANDARDS. NO PT PO DCSCASAPTON ISSUED FOR RENEW 1554SP FOR RENEW 00E1 1SP 06042020 0t20US PM COMPRESSOR INLET PRESSURE COMPRESSOR CUTLET PRE MIRE. MAX CAP 4 1122 PRESSURE 5002204 INAS NIGHT p=WAY APPROVAL P EL0 OFERA11081 APPROVAL COWNOSAINAPPROVAL CENROHENTAL APPROVAL PB 2550E0 FON EVER 0Mp501CNt APPROVIN FON Caw P-13436 JACKRABBIT GATHERING SYSTEM EXTENSION GARDEN GULCH LATERAL r. COVER SHEET $ SCALE. AS NOTED DRAWING NUMBER REV d SHEET No. 1 OF 1 1240141802OOA P9 CAD FBF: 12409.18024)0A NI0 01 E. FORERUNNER =:d "" a 6 arelhan 20 LR P-I3436\Orowin Plotted by P.DORSEY Dale- d _! Al4R' , 2,1-82-00-008 r•r,Pc#, usm, x'c 8 2A OCT 255. 1 0L'9IO2 y. 77001 5281.0 +'I/ .101 8408 ALIGNMENT HORIZONTAL DISTANCE 3 30 Rss 'n R 0 a s _ 0 2� ¢ 30 1I- r - •a 1a +N_ !e 5 8¢ g i5 . 1 8 M1 J Ir 3gg 23 M p n 8 '-' � 85" w - : "�- 8� o g❑ - o E " $N 3 g¢ = s1_ .4 30 0 r� S 'm ®+ 2 nA,1or16ura7T - EIOIIIm01111 L7,Cil IF_ASCPED STAfICH AIP.,f• S -CT a 12 FEET 9E5CAIP1ICN 18980 1 4 52+35,3 : OF JIr4R5ECi1Gk 2 1 Vi yi } si 6i CSDLi'27• I.") s i m F Y - Fy x E - i S x W d o S g_ Y Y N x ¢ 3 $ G _ _ ,0 t _ s R s 3 ✓, =_ x G x__ g .n z z 8 ,n ,n - - F : o Z & o ` i ,,, 1, 1-.n d _ _ X a __ _ ,n e F .n x F-; G --� E a ,., e A 6 a POUT OF RIFASECTg71 trucnn4 vas (r 3FRJGeti) w _ S G ` o PL-.. , •,• - ..:.._ • ,... '• , . -A. T- . , z ' '.: � ,r-_ •; � - • O _ ��_ w_ •-�, �__ Z . ... -._ -----!-------___-_`ii J -. I -. , ,. �.. ., �! I - I ''., t - r. . : P, ." ... - - '. •.'..•,g. -.. r,... 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O0011041. 9201E 1• - 200 PIPE DATA 5 L' () J F4 i5 Q 32 LANGER 9TE RAN 5EE CMG 12429-1'02-100 8945 9' 54' 20200' MAO. 522 PsG GO/113,)G, SEE POE DATA LA 1 C51•OlN/DESIGN FACTOR CLASS 1/072 DF BILL OF MATERIALS NOTES LEGEND REFERENCE DRAWINGS X� PIPEDESCRIP77ON QUANT1Td REM PIPE DESCRIPTION QUANTITY DWG. NO. DESCRIPTION PROJ.101f:12499A PROJECTENGINEER:J- BLANCHARD EPCO, N INC.rrEM 7 10.76IF'ODx0.1M'W.T. AF10L-%02, ERN, l416 MILE FBE 6�7E.9' _ En row -_ — - �, �''•'� •�1 ash Evw ra 4sw -... ,,. 1242&1002-074 10' GARDEN GULCH LATERAL ALIGNMENT SURVEYED: FRC/VMS SECr10N:6 u -r 15 N0110110H090,IE-10'00MAON.7.IP10WL1$9AWHIEF1E 1Ek � x x -�4� x � 124R47112-12 10' LAUNCHER SITE PLAN DRAWN:PJO TOWNSHIP: BS RANGE06 P-13436 JACKRABBIT v 0 Q 4 ex>.Isu4.0 5a4 124051002.12 CHEVRON USA INC. EASEMENT EXHIBIT CHECKED C. ESCH COUNTYISTATE:GARFIELD CO., CO. vs2lau: _ GUx�sTST4u 2S CHEVRON USA INC. EASEMENTEXNIER-W.H. 011516 ASSOC. APPROVED:J. BLANCHARD T117EBARE& GATHERING SYSTEM EXTENSION 0000 �'9,ga`` x010 REVISIONS 10" GARDEN GULCH LATERAL :14 L-rp p .W F010 131E __p- - 001001 gGELK G1*:004 .. Lit —1 _- T _ a T — DESCRIPTION DATE STA. 0+00,0 TO rJ2+$1.0 LIE "uvnnr Lx - - T — T - - � AIM VT Y: v Y43c? IFmrcliceirIEN60 0 ISSUED FOR REVIEW 9f20r09 0'.A 809 GOI[ L. — 0 — 2 — -m-1E-IF iAFvK 6E91'1 _ r'FrF.. F NOEE P 4/17A19 KB SCALE: A3 NOTED DRAWING NUMBER REV. ISSUED FOR RENEW 427A00 MP SHEET No. 1 OF 3 124941002-001 P7 uE V.iM1# vux IT ACCESS KW Pa ISSUED FOR REVIEW 61509 RC CAD FILE: 12495.1802.001 - uppou("MAE FOR TUNS m." rwtl"e EUElgx1 mlE. SWEN Di $. s:Ara Eau,a. F55LkD REVIEW I 5'5109 RC ,,..'' 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ERW^ t4 -1O MILS FRE 6,320.0' Ali, Q w . _ _. _ _ �r1 12988 ttR2-0M 40' GARDEN GULCH LATERAL M-IGNMENT SURVEYED -FEW SECTION: 11.6 • 15 F10UCTION60101S10.00 4750'11-1.10137Q2,EXW1N61116 2EA, a`y� r 'ci 1111M . 12111.1802-00310' GARDEN GULCH LATERAL ALIGNMENT DRAM ND TOWI8SHP6S RANGE:66W'VW P-13436 JACKRABBIT 20 110UC00N 601020'-I0'00x6260'WT, OMSLY529811. 1411E18-. lEA 1,111XE,OH -t-1E- 9 9*0,,,.„,rlb 920 1218811807-00? CHEVRON USA INC. EASEMENT MOST MC. 1)_ CHECIED:C. 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SCALE 1' = 210' 104-00 PPE DATA 'ij n ISSUED FOR i, RECENER SEE a SITE PLAN OAC is:Qs-1302-1,n 0 Q 0 - 0 0 't -s' REVIEW JUNE 5 2009 ForeRunner Corporation 11129' '912` 9.1 *802' 11 1,614.1' 145.4' 'rOP 506 PSIS COATING SEE PIPE DATA C..ASS Lci470VP'-.5IJ FACTOR Cuss 1/7.72 Dr BILL OF MATERIALS NOTES LEGEND REFERENCE DRAWINGS ,} E PIPE DESCRIPTFON QUANRTY TEEM PIPE DESCRIPTION Q6J,1NTrreDWG. NO. DESCRIPTION PROJ. N76 :1249&A PROJECTENOINEERJ. BLANCHARD EPCO, NC INC.ITEM 1 10.7+0' CO aQ18B' WT. API 4-Ki2, ER9V,141B MILS FBE ,811&1.4' CA v0a - o 'r"'y ....In 06ax 0r'Ayr ... ... .33, I2498180Q-002 10' GARDEN GULCH LATERAL ALIGNMENT SURVEYED:FRG SECTION:1 .. . 40 Nnucrroll9Bm+7.170P n257w.T.AN81moERN.14-1111611F8! IEA x x ^'p KW I2416470210I 10' RECEIVER SITE PLAN DRAWN: ND TOWNBHw:NB RANGE:6IW P-13436 JACKRABBIT 60 lit/COON 884,87-47 ODx025P W.T. AF1S-419. ERW, 14T81BS FEE 15 *OPER, 1.11E .—Q q 1•Pt':21E 94610 sa 1201 -1811Q•101 CHEVRON USA INC. EASEMENI'EI ii rr CHECI DC. E6C.II COUNTY$ATE:GARFIEID CO.. CO. 1"015E.01 'MX BLANCHARD TIMAREA: GATHERING SYSTEM EXTENSION R��9 L r911„"C,E619,A17R REVISIONS p�° w P6 LH P —P — ITC ue map. Ram cAnw0N 10" GARDEN GULCH LATERAL _�__�__ i — 7 — r — ` STA. 106+32.9 TO 129+58.5 u6 mEP»0e LK - - r — r - - � ,FAL 4 4940 Y4F44A P4P4 ISSUED FOR REVIEW C C — RYFl1E ,[ors P6 ISSUED FOR REVIEW IBIS/106 RC SCALE: AS NOTED 1 ORAWO M HUMBER REV. yyy_ 1E GUI LK --7- - -C--m P6 ISSUE() FOR REVIEW RE-ROUTE OUTE 020 606 RC SHEET N0. 3 OF 3 1249&1802-003 P8 VC 69"196 4010 I ALRi3 2344 P7 ISSUED FOR REVIEW PE ROUTE 08486 PJD CAG FIE: 12490-10102-003 AwamsO ACCESS x646 RE-RO RP "r E 9 v4V1 9wr , 57,111011 Ew9TaPS ISSUED FOR REVIEW JFE 6r9 PJD ". or R E R N E R rr TOTAL 2.24 .. , ......."r N N,49130'261E FOR A DISTANCE OF 3137.9' FRQI SV CORNER SECTILI1 6, T6S, R669 F 695 3' MAN GATE PROPOSED 10' GARDEN OULCN PIO LAUNCHER ME 3' MAN GATE 16' GARDEN GULCH PG LAUNCHER, SEE DK 12499-1702-004 FOR DETAILS 'N 3' MAN GATE 9,0 G N 7- E tN J 011. TJ 5o E} / J J SITE PLAN SCALE 1 I/2' -L'-0' GENERAL NOTES utoG ENCIKN ISSUED FOR APPROVAL JUNE 3 2004 ForeRunner Corporation REFERENCE DRAWINGS ENGINEERING RECORD DWG. NO. DESCRIPTION 124901602-001 17 GARDEN GULCH LATERAL UNE AUGMAE T 12489.1102.004 17 LAUNCHER PIPING PLAN PROD. IDG: 12499A PROJECT ENGINEER Err SURVEYED: SECTION: 5 DRAWN: NOH CIIECASG APPROVED: TONMSNIP. T RANGE P-13436 JACKRABBIT GATHERING SYSTEM COUNTYISTATG GARFIELD co ., CO uNErARFC 10" GARDEN GULCH LATERAL REVISIONS LAUNCHER SITE PLAN NO. DESCRIPTION DATE! BY A IMUS) FOR APPROVAL 09103609664041 SCALE 1 I/2 -1'-q. DRAWING RUNNIER REV. SHEET Na 124901702.100 A CID FILE: 124901702-100.dxy n: NORTH EDGE PA. 80.8. 10' PIPELINE TO 23" 080110N TRUNKLIHE F01 CONTINUA710N SEE 080 13899-1802-003 8' CHAP) LINK FENOE (TIP} SO' -0" 8S'-}0 1/2' 100•-0" !ROIO!®111' OMOfM OMAN PIG NOM wi 10' GARDEN WLCH PIG RECEIOFR. SEE DWG 12+99-1702-001 FOR DETAILS 40',0. 50.-0" 08818'47'E FCR A DISTANCE OF 88875' 3'MANGATE W/ EMERGENCY HARDWARE (TIP) Ni ANCHOR FLANGE & THRUST SEAN -. f3• ACCESS ROAD ��y 7' MAN GATE B�. '0' 8013/1 EDGE PAL 8.0.80 10' PIPEUNE FROM GARDEN GULCH LAUNCHER FOR CANTINUA710N SEE DWG 12499-1802-005 —. 3' 1.1A8 GATE N88'15'47'W FOR A DISTANCE OF 151.0' 151'-1I' 105'-o' SITE PLAN SCALE: 11/Z =1'-0' SOUTH EOOF PA- 8080 ISSUED FOR APPROVAL JUNE 3 20(}4 ForeRunnar Corporation GENERAI. NOTES REFERENCE DRAWINGS ENGINEERING RECORD DWG. NO. DESCRIPTION PROD. O 9: 124994 PROJECT ENG8E 07 1249-1715-001 1P PIG RECENER PIP8J0 PLAN SURVEYECk FRC SECTOR 1 1248F1802-0OG 10' GARDEN GULCH LATERAL. LES: AUGMENT DRAWN: NSH CEI6qKEb: APPROVED: TOWNSHIP: 88 RANGE 87W COUWIVISTATE GARFIELD, 00 TPICAREk REVISIONS DESCRIPTION DATE / BY A ISSUED VCR REVIEW WINOS IHRH S ISSUED FOR APPROVAL adosiaar r9N P-13436 JACKRABBIT GATHERING SYSTEM 10" GARDEN GULCH RECEIVER SITE PLAN SCALE 11rr"r-tr SHEET Na ORACLE lrnWER 10118-1702-101 S CAD FILE. 9249111102-101 Svc 3/4' z 0'-10" o 3 SP' 11 10" eMSI 100 RCA OR FLANGE & 51EEL 1011151 90.14 rt 12499-1704-002 10'-2 7/8" 0 E E 1'-10 1/8" 9 7/8" INSTALL PIGGING BARS 3,1 ACCORDANCE WITH DWG 12499-1700-100 12'-5 7/4' 12499-179X-602 21'-0 1/4" i'-1 1/8" 4'-1 1/4' 1' - ID 9/8" 10'-4 I /2" 8.„0a 0 -'II1� I .5512111 .0— -r dirlEatj 8'-o 7/8" )-1 11 -11 I/2" SCALE: I/O. • 1•0 13'-0 1/2" -8 1/2` -0 7/14" 4'-S 1/4" DETAIL ^� SCALE 3/9'.I'-0` 10'=4" 9 TEE - 10 20' LAUNCHER F09 C04111411A110N SFE 080 12499-1703-101 I 1 16'10' ,,.-RED. TEE / ISP 14" AN9 600 09109 799311159 0, CLOSURE e+ J ISSUED FOR CONSTRUCTION MAY 29 2009 FareRunner Corporation NOTES: REFERENCE DR1WN05 RE,1510 95 ENONEER1N5 RECORD 12499-1702-003 12499-1102-101 12499-1700-100 12499-1702-1102 DMS N0 10' PIO RECEIVER 30 ISOMETRIC 9 B99 IG" RECEIVER 9TE PLAN PIPWC DETAIL - BARRED P100190 TEE 10' 9G RECEIVER PPIN0 SECTIONS & DETAILS 7111.E 0 REY ISSUED FOR CONSTRUCTION 005CRIPTICN 8Y 091E BATE ARPR DAZE, DRAM CI1C0E0 DEEM PRO8C1 LIME. PROCESS YECNANICAL 951140 STRUCTURAL ELECTRICAL IVC Se 05/29/09 CPT 05/24/09 11* sa6.6t a ar. o4,#' 94.'1. -1 roMeN Cs. .61 I lw..t..m wtltt.a' p a .. ` n a esn a m Jr c� 1. Me....,I a WI i6 ef purgama4 dw4.1 .4 w to b. uII I b n.. Na 1.6 WI lar which II a parer. r". puLnla .Iv.ui m..nn.., 16 tni• o. N f.r A s6 Cap .... 16forlite 0.6 \1 FORERUNNER 14.1m EPCO, INC.. p1TERPRIS[ P-13436 JACKRABBIT GATHERING SYSTEM GARDEN GULCH LATERAL 10" PIG RECEIVER PIPING PLAN f Dna e0 ❑.I/m.NTY. SIM D 110 AS 40110 12499-0 CAOF1L10 CO., 00 F 12400.1702-001 0 PIC RECEIVER PIPFNO PLAN.dwg Filee\EPCO\12499—A Marathon 20 LR P-13436\Drawings\02_101n Garden Gulch LCterol\1702 Plying\124 6/4/2009 10:27 AM Drawing: 5: \Prof d by. NHUCKINS SP 03 4' ANSI 300 OUIOK OPENING CLOSURE FIN191E0 CRA07 9 /1111 & CONCRETE BLOCK S, 10 ANS 300 ANCHOR FLANGE FOR OETNLS SEE ONG 12409-1403-100 CCNIPACE:4 TO TAPER BORE PIPE ENO 10 0.343' 9.1 01818014. 0250' H,T 9:1115010. FOR HELD 13 0.250' H.T. LINE PIPE SEE NOTE I FINISHED GRACE SECTION (i`) 000LE' 3/0' 1'-0' 12449-1707-601 4 "0•0•000,I I2' -S, 7/8" PG ISG B „milIfirir *"- I11I..- (D+y c2;ABASEDCD 0 VD / 2" ANS 300 QUICK OPENING 02 CLOSURE SECTION > SP 02 2' ANSI 300 QUICK OPENING CLOSURE mo m.00 �IASN 2 -BA . Ewa ^ 3T.' 301BASFP G SP 02 PI 10" PIPE SUPPCRT W/CLAMP SCALE: 3/9' Y'-0' 12400-001 3'-0 1/2' SECTION SCALE: 3/0' - I'-3" 12499,5-D01 Ii99i00 0807[ 3' -0 -x3' -O'µ1'-0' THICK REST BLOCK A2' EQUALIZING LINE Q .4po -' 16'010 ECC. RED. (F00) 2 ANSI 300 WICK OPENING CLOSURE Vm0 II riIqp�I!N iIIi�l 0870 177 0 0 16' PIPE SUPPORT 'W/CLAMP lti T111i191F�� IigN•1tlIF� '''.111a111.400 ilFwdl.lrr © 111 mom 5—I 1/2' ". I6' ANSI 300 QUICK OPENING 01 CLOSURE 009300TE 50118 4, F11491E0 GRADE SECTION SCALE 3/8' - 1'-0' 12499-001 m ISSUED FOR CONSTRUCTION MAY 29 2DD9 ForeRunner Corporation NOTES: 1. TAPER BORE SHALL BE IN ACCORDANCE YHrH 155E 831.8, APPENDIX 1, PARAGRAPH 11.2(8)(2) AND SKETCH(B) OF FIGURE IS. WELDING SHALL BE IN ACCORDANCE WITH PARAGRAPH 17.1(7). POFUSI10E 7RAHIN05 REH9CHS 12499-1702-003 10" PIG REC000 7 30 0,09ED8C & 8081 DRAIN ENGINEERING RECCRO 65/29/09 'WENT PROJECT 00813. PROCESS - MECHANICAL PPING CPT 05/29/04 qY lo,r1 Y M aa•.is`+ slid crant plow Ina m ea N.m aA. so=re °mss i ve wrroa ar.,ran.r sdel m A Lvo nnr Grp. adAr own. EPCO, INC. ENTERPRISE 12499-1702-001 10 PIC RECF1078 PIPING PLAN ISSUED FOR CONS/RUCODN 0110. 010. PLY DESCR1POLH �r IML BY DA p! 0411. STRIJCIURAL ELECTRICAL ApPR OA%1 & 0 FORERUNNER - P-13488 JACKRABBIT GATHERING SYSTEM GARDEN GULCH LATERAL 10" PIG RECEIVER PIPING SECTIONS & DETAILS s.µ8 Ain+ 03 grOMIT. sr.Y ova xa AS 14011C0 12499-4 01071E19 CO, CO 12499-1702-002 1702-002 101n PIG RECEIVER PIPING ELEvAfONS r DETAILSawg (YCKINS Data: 6/4/2009 10' 27 AM Drawing: S: \Prajatt Pint\EPCO\52499—A 0, An � Q . a ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRunner Corporation MARK Or SIZE DESCRIPTION LENcn, 10" INDUCTION BEND, 30 DEC, C5, SCN 2D (0.250'), API 51, P02, CR. 052. 54L5 OR ERN, PE (COATED, 14-16 601 F8E) (2'-0' TANGENTS) 26'-5 II/15' 2 310" 13' PIPE, CS. SMS, SID (0.365'1 051341 4-106/453/API 51 C1. B, Cat. 5, 54L5 CR ERN, COATED, 14-16 NIL, FEE I/O' PIPE. C5. STD (0.365`), A5141 A-106/453/API SL GR. B, 514L5 OR ERN, P89 40'-10 5/5' 16" PIPE. 05. STD (0.375'), 4519 A-106/453/API 5L 00, 0, 1415 OR ERN, PE8 2' PIPE. C5: XH (0.2161, ASV A-106/453/API 5L OR. B. SM1.5, PE 18-8 5/8' 4° PIPE, C5, STD (0.237'), 0,510 4-106/A53/API 51- CR, B, 9415, PE 14-8 7/16' 7 PIPE, CS, $10 (02901, 6508 A-106/453/API 0. GR. B, S4L5 OR ERW, PE 7'-6 3/6' 3 10' ELL, 90' LR, 600, C5, 510 (0,.365'). 4504 8-234, tilt. ARIA 2' ELI, 90' LR, RW, C5, 524 (0.218'), 4514 A-234, GR, APB 10 4' ELL 50' LR, BW, C5. 510 (0.237'). A50A A-234, GR. 1058 11 6" ELL 90' LR, BA, C5, STD (02811'), AVIA 5-234. GR. An 12 10' TEE, FULL, 565 C5, STD (0.365"), ASTM 4-234, GR, 1148 43 10'.4' IEE. RED, BW, 55, STD (0.3651 x 501 (0.2371, ASN 4-234, CR. APB 14 113.6" TEE. 810, 800, CS, STD (0.365) x 510 (0.280), 4514 A-234, GR. APB 15 16'.8" 1Er, RED, BW, Cs, STD (0.375') , 510 (0.280'), ASTM A-234, 1412. 324'6 18 16'.10' RED, ECC, BW, CS, 11D (0.375') x 510 (0.365'), AS14 A-234, GR, 'APB 17 I8' CLOSURE. 684000, TOW, 02000. PR -3716-0600-52, (7-01) 18 CLOSURE, CAP, TALE -55004, BA, FS 1007 04 W.T. GR. 8 PIPE. (SP -02) 19 4` CL0516E, YALE 55000, OW, ANF 300 TWT 510 AT GR. B PIPE (7-03) 20 10' FLANGE. ANS 300. FINN. F5, STD 87E, ASN 4-105, 856.5 2 16' FLA60E, ANSI 300, RFWN, F5, 501 BORE, A51F4 4-105, 816.5 22 2 FLANGE, A115 300, RFNN, F5, 011 BORE, 401111 4-105. 015.5 23 4' FLANGE, ANS 300, RF4N. FS. 580 BORE, ASIA 4-105, BI6.5 24 2 6'. FLANGE, ANS 370, REAL F5, 5T0 BORE, ASTM 4-155, 816.5 25 1 1/4' (20) S153, ASTM 4-193, GR. B7.14/(2) HEX HD HUTS, ASV A-194, GR. 21 7 3/4' 26 (16) STUD. 4514 A-193, CR. 87, A/(2) ITE0 H0 NUTS, A514 A-194, GR, 26 6 1/2' 27 (16) STUD, 4514 A-193, GR. 67. 00/(2) HEX HD 6013, A5T9 8-194, OR, 01 28 3/4' (12) STUD, 4519 A-193, GR. 87, 8/(2) HEX HO HUTS, AS112 A-194, CR. 254 5-1/4' 29 3/4' (9) STUD, 11518 4-193, CR, 07, W/(2) HEX HD NUTS, 45514 4-194, GR. 211 4 3/4' 30 5/8' (8) 5850, A51N 4-193. CR, 57. 5/(2) HEX HO NUTS. 05111 A-194, GR. 211 3 3/4' 31 10" GA91ET, 1/8" 1114 ANSI 300, SP0AL WOUND, 0011-451365100 FILLER, B16.20, RIFA14LJC TRE 00 32 16' GA$KET, 1/8" INK AN9 300, SPIRAL WOUND, NON -ASBESTOS FILLER, 518 20, FIF30TALUC TYPE CC 33 2' GASKET, 1/8' 1440 ANSI 300, SPIRAL WOUND, NOH-ASB01105 FILLIP, 015.20, FLEIOTAW0 IRE CO 34 4 GASKET, 1/8' 111K ANSI 3110, TEAL WOUND. NON -ASBESTOS FLIER, 515 20, 816574150 TRE CO 35 8 GASKET, 1/8' 7110 MSI 300. SPIRAL AGUNO. NOH -68015105 FILER, 716 29, FLE1TAL11G PIPE OG 36 NIPPLE, C5, 160 (0.1791, 8518 A-106/453 GR. B, 014L5 TBE 4' 37 4 I/O. PUEECO BLEED 1/2' NPT S5 3' 38 2 IO' INSULATION CASKET SET, 0.308' 8150, ANSI 300, P140185K,. (1) FULL LENGTH SLEEVE FOR EACH 8GI1, (2) INSULAR% WASHERS FOR EACH DOLT, (7) PLATED STEEL WASHERS FOR EACH BOLT 39 4' IN56100016 GASKET SET, 0.308' CIX, ANSI 300, PIK07560, (1) FULL 1.04054 SLEEVE FOR EACH BCLT, (2) 16513A7190 WASHERS FOR EACH BOAT, (2) PLATED 811EL WASHERS FOR EACH BOLT 4O 6' INSULA00N 0ASKET SET, 0.308' DIX, A1451 300, PIK0IEK, (1) FULL LENGTH SLEEVE FOR EACH BOLT, (2) INSULATING WAFERS FCR EACH BOLT, (2) PLATED STEEL WASHERS FOR EACH BOLT 41 3 PLUG, HEX SCUD, FS, 0100, 8518 A-105, CLASS 3000 42 43 44 1/2' PLUG, REX SOLD, 0611O, 315 S5, CUSS 3000 103,1' 1111751511.1. FS, 4518 4-105. 01,455 3000 10",3/4" 07REDOET. FS. 45104 A-105, CLASS 3000 45 IC 3/4' 0104100061, FS, 4514 4-105, 05.1255 3000 40 2°.1/2" IHRE0OLET, F5, 4518 A-105. CLASS 3060 47 4'.1/2" 1HR0OLET, FS, 8514 A-105, CLASS 3000 40 3 10',2' AEL2OLET, RUN 51D (0.365) C4. B . 86 BRANCH )01 (0.218) GR. 8, DESIGN PER 054E 831.8 PARA. 831 4, 500 BAOP, DE0GH FACTOR 0,6 FOR RUN AND BRANCH PIPE, 855-5P-97 49 15742' 6ELOCLET, RUN S10 (0,345') GR. 0 a 800 BRANCH 0t (0.216') GH- 0, DC9324 PER AAE 831.8 PARA. 8314, 500 0405, DESIGN FACTOR 0.6 FOR RUN AHD BRANCH PIPE, 855-4-97 50 16"x4" WELOOLET, RUN SID (0.3757) (R. B , 800 BRANCH 516 (9237') CR. B. 409541 PER 459E 531.6 PARA_ 031 4, 500 8.005, I1ESCH FACTOR 0.6 F131 RUN AND BRANCH PIPE, 055-8'-27 51 52 1O' VALVE, BALL, ANS 300 RF, FULL PORT, 1771.1NMON, v/ NTA, API 63, (106-045F6) 1'-10 3/8' 2" VALVE, BALL. ANS 390 RF. FULL PC 01. FL940140, .1 8111)407, API 60 6 1/7" 42 2' VALVE, BALL, 4144 300 RF, FULL PORE, Fi0A1910, ./ WRENCH, API 60. (20-585FP) 8 1/2" 54 2 4' YAM, RAW, 4712 300 0F, FULL PORT, FLOAFWG, ./'AGO, API 60, (40-805E11 55 VALVV9, BALI, ANS 300 RF, FULL PORT, FLOATING, .1 AGO, API 60, (08-8A5FP) 1'-3 7/8' 56 VALVE, BALL, CLASS 1500, FS, 1080, 01.8.1 PORT. x/ WRENCH 2 3/16' 57 2 1' VALVE. BALL, 0.455 1500. FS 11K0, FULL PORT. FLOARN0 ./ ARENCt, API 80 (25-549P) 2 3/563 55 1/2' VALVE, NEEDLE, 1/2' IPI . 1/2' PNPT, ANDERSON 0600150000 89495-44, (1/714-884) 15/16' 59 1 4" VALVE. PLUG, ANSI 300 REFS, 05 8005 ANG PLUG, REG. PATTERN BOLTED BONNET, LEVER OPERATOR. (4P -5A5) 80 33/4%1/2' VALVE, GAUGE TYPE, 3/ADAPT x 1/27NPT, ANDERSON GREENWOOD 85 05-46 (3/44-804) 5 3/8' 61 10' PIPE CLAMP N/STEEL 0110 BLOCK, 1/8" 06CK 13,10C. LI600 04516E CLAMP R TCP OF 9158 BLOCK 0-2 NNE 07f 051 16 82 18' PIPE CLAMP 'A/STEEL 5414 BLOC, 1/8' 11605 P.V.C. LINING INSIDE CLAMP 8 TCP OF 5HIA BLOCK 0-2 UNE FG/ C58 10 63 10'.2' 610 5GNAL TDW PI0 SIC V, p4-3600-5006-51 64 10' 111050505 BOO, 30 DEC, CS, SC1 20 (0.250"), API 51-, 0-51.2, GN. 052. 54E5 OR ERW, PE 65 10' ANCHOR FL4NCY, ANS 300, 241, A-105 CR, B. 816.5, STD BORE, (0.365' WT), (7-11) NOTES: REFERENCE DRAWINGS REN50N5 11400 8440 RECORD 12499-1702-001 12499-1702-002 0850, 140, 10' PIG RECEVE0 PIPING PLAN 15' PIC 01.08300 PIPING SEC00N5 9. DET0LS 0 REV. 155000 804 CONSTRUCDON DESCRIPION DY DATE DATE AP DATE 0RAWN CHECKED CURT PROJECT MONT. PR6c5ss MECHANICAL PPIHG 17170010AL ELECTRICAL EAC SIB 05/24/09 GPT 05/29/09 ml..n,,,.,t '.. 4.4 .4.2. of =err ▪ ,..a,. 4.4 0,540 4114241 W N .1..r. ▪ ,t4041 .1Nwl lun nus. 6 rro...ve.,,.4 re 5++,,:4,4 57. P -nom. WS..fon . CB, \, FORERUNNER m u. EPCO, INC. ENTERPRISE 92 ngs\02_10in Gorden Gulch Loterel\1702 Piping '02499-1702-003 10Vn PIG RECEIVER PIPING AM Drawing: 5;\Project Fres\ERGO \12499—A Merothen 20 LR P-13435\Dr P-13436 JACKRABBIT GATHERING SYSTEM GARDEN GULCH LATERAL 10" PIG RECEIVER Z1 3D ISOMETRIC 485[ '"012,750 -A W Nl ph/m14S4,17510 lz+s9-A 048FIEL0 co., co 12499-1702-003 0 0 10' ANSI 300 ANC110R FLW2E & STEEL 1HRU51 BEAU SP l n TO MARINE FOR CON1NUARON SEE 08G. 12499-1702-100 124E9-1702-00 5 2•-0" 30`-10" 6•-5 1/4' 12'-6°' '4 1'-0 7/16' 15'-2 7/B" N 3•-0 5/8' 004) I «5.e -11.19. 1.. 1 46 8A5FP e.�y 0 �- 4 21-10 1/16" _y r-10 13/16' 8 3/8'', '-14 1/2' --1 1'-8 1/211 12•_5 7/8' r INSTALL PIGGING BARS IN ACCORDANCE 81114 DWG. 12499-1/00-100 DETAIL SCALE 3/6'-1-0 13'-0 4/2' 10'45"- R TEE l0-44' 3'-3 1/2' 1 10' 0B-BAEFP 6•-0 7/8" 1 VEIL OA 1r -1I 1/2' 61 0. r-5 1 /8' 1'-4 3/4' 4•-1 1/4' 10' 108-BASFPI 1"-l0 0/8" 2' PLAN SCALE. 1/2' . 1•-0- r-2 1/2" l•-4 1/2' w ..I 10•-4 1/2' 6'410' REO. 155 2'-0' f 12499-1702-005 T 211-0 1/4° 1'-5 3/4' 0 ISSUED FOR CONSTRUCTION JUNE 05 2004 Fore Runner Corporation NOTES: REFERENCE CRANING5 RE'A51CNIS ENGINEERING REC8R0 DRAVA CHECKED 5.8 05/29/09 124991702-006 12409-1702-100 12499-1700-100 12499-1702-005 10' PIG LAUNCHER 30 ISOMETRIC & BOM 10' LAUNCHER STE PLAN PIPING 0E1A4L - BARRED PIGGING IEE 512' PIG LAUN000R PIPING SECTIONS & DETAILS 1$915.0 FCR 004401 001QN ISSUED FCR CONSTRUCTOR CLIENT PRQEOf 9081. PROCESS ME01410CAL NO, PER. CESCRIP11014 AY 9 QAIf; CH QA E 0.."..,.4X,". pap., al 1r 0414.NJw N-1 b., X.- -a .1S Wi. =rodents ww mre .X..,a . l X.. ,.,ml a w, m n. at nor la fee ha olAer NW Mel kr 4 la pm... el Th,.5. . rm•..!d/, E ENIERPR551 EPCO, INC. CPT 05/59/09 P1RNG STRUCTURAL 129/ 9 ELECIRICAL DAG, PR DATE,. f&C %FORERUNNER fee • Warr,rn Am. Ions P-13436 JACKRABBIT GATHERING SYSTEM GARDEN GULCH LATERAL 10" PIG LAUNCHER PIPING PLAN AMI AS NOTED 12499-A 0909301.909 014 Xa GARFILD CO.• co 12499-1702-004 1 LAUNCHER PIPING PLAN,dwg raen Gulch Lateral \I702 P6ping 'V2499-171)2-004 1 Wiles\EPC0\12499—A Marathon 20 LR P-13436\Drawings\02_10.n tit .74 Platted by: N.HUCNINS Date: 6/5. L NOTES: 4' ANSI 300 WICK OPENING CLOSURE SP 03 RED. TEE. FINISHED C1ADE SECTION 1 FINISHED GRADE 10 ANSI 300 ANCHOR FLANGE 1 & CONCRETE BLOCK FOR DETAILS 5EE DWG 12499-1403-100 CONTRACTOR 10 TAPER OCPE PIPE END TO 113435 WT. 0A01.12(4, 0.250. 01.T MINIMUM. FOR KO TO 0250" WT UNE PIPE SEE NOTE I SCALE: 3/B' - 1'-0. 12499-1702-004 I. TAPER BORE SHALL BE IN ACCORDANCE MATH A5ME 031.0, APPENDIX I, PARAGRAPH 11,2(0)(2) AND SKETCH(9) OF FIGURE 15. WELDING SHALL BE IN ACCORDANCE WTH PARAGRAPH 11.1(0). 5P 02 2 ANSI 300 QUICK OPENING CLOSURE /� yy�� m 0 W cAx n x 0 m e mom` y1 0 . !+l. I�. N 22'8A ©2' EOUAU2lNG UNEP ` 6 al" ■I. © OB -BA5FPCO W 0 0 0 111 000 10' BARRED TEE SP 02 2" ANSI 300 QUICK OPENING CLOSURE REFERENCE DRA.WNGS 10' PIPE SUPPORT W/CLAMP SECTION SCALE 3/9" . 1'-0" 12499-170 -004 13'-0 1/2" FINISHED GRADE SECTION SCALE 3/8• = 1'-0• 12499-ti02-004 3' -0'x3' -0'x1'-0" THICK REST BLOCK RENS E �2 AN0 300 02100 OPENING 021 CLOSURE 16"x10 ECC, RED. IT S0) EN0.71EERING RECORD SJB 05/29/09 arcxo welt 12499-1702-006 0' PIG LALIN7ER 30 ISOMETRIC 4 B 12499-T704-004 0" PIG LAUNCHER PIPING PLAN ISSUED TOR 00N51RUC110N DWG, NC. TITLE REO. DESCFIPHON PROJECT MGMT PROCESS MECHANICAL CPT 05/29/09 PIP00 ,� STRUCTURAL M9/O9 -2----13575-10,4,-2----13575-10,4,�A09, ELECTRIC AL BY OAIE. DATEAPPR OA I C ID ANSI 300 QUICK OPENING CLOSURE 16" PIPE SUPPORT W/CLAMP 5'-1 1/2" Q®CSA _mm m y 0 RCA 0 FINISHER 9AADE 0 T. SECTION SCALE: 3/8• = I'-0" 1249917002-004 TNf 10.1,1^1 4 1.a x.H,xn ryapvty .0 For. crdi -AA 11 hal nat ten �apwd. ! U 11x. E:a1mm1 '1 .01 4 0. ..1+..e1 timo.nuU M vx ro.ua ai. ..:re : u°:ni :: lun , 11 9.011..1 con .4A. a.1 . EHIERP ISSUED FOR CONSTRUCTION MAY 29 2009 ForeRBnnerCorporedon EPCO, INC. I' FORERUNNER INA ....forame 0.. ...mo.:, x<.... P-13436 JACKRABBIT GATHERING SYSTEM GARDEN GULCH LATERAL 10" PIG LAUNCHER PIPING SECTIONS Si DETAILS 14111 xA 010/Ox%. 101E A5 NOTED 12496-A GARITELO CO.. co w 12498-1702-005 09 10:29 AM Drawing: S:\Project Files\EPC0\12499—A Marathon 20 LR P-13436\9rowngs\02_10in Gorden Gulch Latero)\1]C2 Piping112499-1702-000 10in PIG RECEIVER PIPING Plotted by: N. HOCKINS 0 1 ISSUED FOR REVIEW MAY 29 2009 ForeRunner Corporation 5149..4, QTY SIZE DESCPIPT)CN LENGTH 10' 24511011044 0I1D, 30 DEG, C5, 501 20 (6.250'). AA 51.. P512. Oil. 352, 945 OR ERI, PE (COATED. 14-10 MILS. FRE) (2'-0' 17,100445) 26'-5 11/16' 10' PPE, CS, 909 STD (0.365'), 05194 0-106/453/0I 51 GR. 8, OR. 8, 9115 OP ERN, COATED. 14-16 JAL 98E 18.-1 I/O 10' PPE C9 510 (0.365'), ),5145 A-106/053/497 SL CR. 8, 965 OR ERN, PEB 40-10 5/9' 10' PPE.. 19 SID (0315'}. 05114 A-106/053/API 51 CR B, SAILS CR ERN, PEI Y-0' PPE. C5, 104 (0210'), Asn 4-106/463/0PI 51 GR 8, 94L5 PE 16'-8 5/6' 6 4' PPE GS, 5113 pun. 96155 4-100/453/.0 5l OF. B, SKS. PE 16'-B 7/16' PPE C5, SID {0.250'), ASN A-106/053/IR 51 GR. 8. 94(5 OR EPN, PE 1-6 3/6' 6 10' ELL 94 IR. 69, E5. 510 (9395), 4510 6-234, GR. WPB 9 2 2' at. 90' ER. BW, CS. DI (0.216"), As10 4-234. 071. WPB 15 2 4' ELL 90'10, 130, C5, SID (0237'), 4519 A-234, GR. WPB 11 ELL, 90' LR RW. CS. STD (9280'). 0510' 4-236 GR. WPB 12 10' TEE, FML BW, C5, STD (0.365'), 0519 0-234, TR. WPI 13. 10'K4' TEE, 9E9 BN, C$ STD (0365') K STD (0317'), 9510 4-234, CR, WPB 14 10'46' TEE. 9E0, 80, CS STD (0.365') K STD (0.280'), 45191 4-234, GR. APB 15 18'46' TEE, RED, 80, CS STD (0.375') K STD (0.280'), 51110 0-234, CR. APB F6 17 16'410' RIO, EGO, 80, GS, STD (0.375') x STD (0.365'), ASN 0-234, GR, WPB 16' 01.091.110, 915660, 1564, 22300, /19-3716-0600-52, (EP -01) 10 2' CLOSURE, CAP, 0411-96030. BW, F5 TWT 5101 9,T, OR. B PPG (SP -02) 19 4' CLOSURE. 0011, 11S00V, 81, ANSI 300, TAT SID WT GR. 8 PIPE (SP -03) 20 10' FLANGE ANSI 300, RENAL FS, STD BORE, 05110 A-105, 816.5 21 2 18' FLANGE. ANSI 300, FFW14, FS, 5ID BORE, ASM 4-105, 816,5 22 2' FLANGE, 415 300, PENH, F5. XN 00710, 65141 A-165, 966.5 23 4 4' FLANGE, AMA 300 91WN, F5, STD BORE. 450 A-105, 8165 24 2 5 FLANGE 0199 360. WFY'A1, F5, 5151 BCPE, ASM A-105, 816.5 25 1 1/4' (20) 51)10, ASN 0-193, GR- 97. 0/(2) HEX PID NUTS, 5450 0-194, 141. 214 7 3/4' (16) 51)10, ASN 6-199 40. 87, W/(2) NCX 10 041.119 0519 A-194, GR. 21 6 1/2' 27 2 (16) SRO, ASN 4-193, GR. 87, 9/(2) HCC HD NUTS, A500 A-194, GR. 214 28 Sp' (17) 5564, 9519 0-193. GR. 87. W/(2) NEI *NUTS, 0500 0-194, GR. 211 5-1/4' 4 3/4' (8) 5100, AS1M 6-199 GR. B7, W/(2) HEX ND NUTS, 055164 4-194, 071. 54 4 3/4' 30 5/I' (9) S3u0, ASN 0-143, GR. 67, 19/(21 HEY ND NU15, ASM 9-194, TT1. 21 3 3/4' 31 3 10' GASKET. 1/8' 1016 ANSI 300. 5PIA01 WOUND, 5GN-A93EST0S FN1ER, 81620, FLEATALLIC TYPE CG 32 16' GA91ET, I/O' 1016 ANS 300, 590101 WOUND, NON -ASBESTOS FILLER, 816.20. TLEATAWC TYPE CO 2' GASKET, I/O' OW ANSI 300, SPIN& WOUND, 19011-AS8E519S FILLER, ET6.20, FLEATALUC TWE CG 34 4' 0054E1, I/O' nil 01.9 300, SPIRAL WOUND, NON -ASBESTOS FILLER, 916 20, F10%1781110 TWE OG 3S 0' CASKET, 1/8' TH6 9199 300, SPIRAL SOUND, NON -ASBESTOS FILLER, E10,20, 0EATAWC TYPE CO 36 3 NIPPLE. C5, 160 (01791, ASIA A-106/453 071, 9, 581,5 TBE 4' 17 4 I/O' 91666) BLEED I/2" NPT 55 3' 10' 915(1611GN GA56(1 SET, 0.306' INC, ANSI 300, 91601(0, II) FULL LENGTH SLEEVE FOR (A01 BOLT, (7) 11990),1190 0491ER5 FOR EACH BOLT, (2) PLATED STEEL WASHERS FOR EACH BOLT 39 4' 44501A1104 015011 SET, 0.308' 196, 0119 300, 900160, (I) FULL LENGTH stint FOR 0004 BOLT, (2) INSULATING 4451€RS FOR EACH BOLT, (2) PLATED STEEL 4491ER5 FCR EACH BOLT 40 6' 940(1),05119 009E7 SET, 0.306' INN, ANSI 300, 71115160, (1) FULL 1040111 SLEEVE FOR EACH BOLT, (2) RISUTA0ING 0491115 FOR EACH BOLT, (2) PLATED 551(1 WASHERS FOP EACH BOLT 41 3 1' PWG, HE( 5010. FS, h91, 1519 5-105, CLASS 3000 42 3 1/2' PLUG, HEX 5010. 111110, 316 55, CLASS 3000 43 3 10's I" 110 7110 (T, FS, ASN A-105, 51495 .9700 44 10'13/4' 19RE604ET. FS. 0514 A-105. CL4S5 1050 16':3/4' 114160061, 65 5519 5-105, 01A55 .1000 46 3 2'41/2' 1907513E0, F5, 0519 0-105, C1A55 3000 47 1"41/2' 1414E001E1. 15 4519 0-105, CLASS 3000 46 3 10'42' 64619016/ 8114 510 (cuss') CR. I e IN PARCH 01 (9216') GR B. DESIGN PER AWE 6350 P000 6316. 500 04455 DESIGN FACTOR 0.6 FOR RUN AM) 804101 PPE. 6455-50-97 49 2 15"42" WEI D01ET, RUN SID (0.375') GR. B A 864 BRANCH 101 (0.218') GTT. 8. 0(004 PER 6SMF 8318 3090. 831.4, 590 9033, 0E40 FACTOR 0.6 FOR RUN AND 6RAN01 PPE, 899 -SP -97 50 10'14' 000, IGNC, 84, CS 010 (0.365) s SID (0.231'), 65151 0-234, GR. APB 51 10' VALVE BALL 415 30D RF, FULL P011, AIN NM5J4. or/ AGO, AA 60. (1011-11.459P) 1' -Io 3/8 52 NOT USED 53 3 2' VALVE, BALL, 4749 300 0, FULL PORT, FL00TRIG, or/ 'M INCH, API 60, (28-845FP) 8 F/2- 54 4 VALVE. 841L 9109 300 RF, FULL PORT, 910Ai945 4/ ACD, API 613. (413-845FP) 55 6' VALVE, BALL PNS 300 RF, FULL PORT, FLOATNG, 9/ 400. API 00, (68-805FP) 1'-3 7/6' 56 NOT USED 57 VALVE, 5411, cuss 1500, FS TARO, FULL PORT, FL000NC ./ WRENCH, API 60 (28-2A5FP) 2 3/10' 6 1/2' VALVE, NEEDLE, 1/2' 61107 a.I/2' FNPT, ANDERSON G6EENN000 49505-44, (1/211-0E4) F5/16' 59 4 VALVE, PLUG, AN9 300 RFFE. GS BOP AHO PWG, REO. PATTERN BOLTED BONNET, LEPER OPERATOR. (49-B45) 60 3 3/4'41/2' VALVE, GAUGE TYPE, 3/4'MNPT X I/2'F14P1, ANDERSON OTEE1415500 MS 45-46 (3/4N-1304) 5 3/8' 01 10' PPE CLAMP 0/57EEL 90W BLOCK I/O' THICK P.V.C. 114)40 11450E CLAMP 11 TCP OF 9110 BLOCS 0-2 UNE RG/ 050 16 62 16' PPE CLAMP W/5TEE1 5000 BLOCK 1/8' THICK 9.YG. LINING INSIDE CLAMP & TOP OF SHIM 81X6% E -Z UNE HG/ 058 10 63 2 70'x2' 741 91504 190 PIG 00 V, 1544-3800-0000-51 64 10' 1113(15004 BEND, 30 DEG. C5, 504 20 (4250'). API 31,. 9512, CR. 352, 9015 OR DIA, PE 65 10' 910IOR FL4NCf. 040 3E0 W9L 6-105 GR. 8, 016 ,5, 51D BORE, (0.365' 90). (SP -11) NOTES: REFERENCE m000055 ,19x,5 1244§-1702-004 ID' PIG LAUNCHER 747140 PLAN 12499-1702-005 10' PIG LAUNC0GA. PIPING SECTIONS AND DETAILS 1550€0 FCR CONSTRUCT% J'} ' s'F DAG. 540. ONE OESCRIP1101 DA1E CHR DAIS 1PPR DOTE PIONEERING RLG0N0 PAM CHEMED CLIENT PROECT MOAT PROCESS 0104ANIC01 FIRING STRUCTURAL ELECTRICAL I & C 5.43 CPT 05/25/09 05/28/09 164 4er,• •I 54 U. Ma #40l9' F,.mw.a cw/ n w. m1 t•on 17411.1.mC 4 c 4' w.rilstba 11 dkal ww eas dp,meni . em m t. estbseat Meas. at or' emsa sera a Pa .� eros aI a1. a m.n4rry p.eakaarlno.[aro. v d/ ~awl Gs use sane eny Fwrr„w. ra.. w.4A. awi FORERUNNER saaname, ea Win EPCO, INC. ENTERPRISE P.13436 JACKRABBIT GATHERIN© SYSTEM GARDEN GULCH LATERAL 10" PIG LAUNCHER 3D ISOMETRIC S BOM ICKL 'mit X¢ 3/16'4-A' 12499-A OK Ma 58871(10 00., co 12499.1702-006 0 P-13456\Drawings\02_10in Garden Gulch Latero)\1702 Pping\12499-1702—GG6 1CIn PIG LAUNCHER APING ISDAwg Platted by N, HCCKI N5 Data: 6/4/2OO 16:30 AM Drawing: S:\Project Fles\EPCO\12499—A Marathon L �M8 4e�Sr�W 04 - ,,," •-,41^,.. yss95?• cur up /Si*6j ro, � ,iAraMls ;01."..- A ��{ _____ _______ __7671.75' I---- N88°39'D0"W ( ++ Li _5'Re': RSL_ /- BONEN, CCN'ROL .NE 1OBLE INSET "I" SCALE: 1"=50' LIN1 L2 BEARIN. LENGTH NEVSSNUE 94.46' N27433'fl'E 2805" CURVE TABLE CURVE OLTA 000'45 AR.. CH BEARING CREPE 29.22'9' 12906. S113 k49'a411'E 32.70' T8S R96W 1111111 1111111 111111 11 111111 Psi` 11�_�c,�' �.s 11111 ..1111111 / 1111111 .lilll 1111111 11111 nn�C�ff:ciD 4P��' jr`ar. %N° INSET "A" SCALE: 1 " = 25' 892 - rW6Br•4 INSET "8" SCALE: 1"=25' r✓ ov- ___-___ 7381.23' - ---- -- - 386°4535"W - - il 4��gn Jp INSET "C" SCALE: 1"= 25' CORNER SEC TiON /1,0 /4ph ase Val VI CORNOR / SWOON. ( diStair ANS 1RSFr •C' VICINITY MAP SCALE: 1" = 4000' LEGE\D FCUND 3-1/4. 4LUMMUN CNP04 4 3- *43,0 1t& POST SET 24 157E 2.a NM'. 1667 e SIBAND BARB WIRE FENCE T CHAIN LINN FENCE e914 20142 TARE w• LEASE LINE CALO,ILA}ED F1041 EAST 1/4 CORNER OF SHOWN SECTION B W/Y/IM, 451?HT 9000 541'43L 60.30 ROTES! 4. N6 rseepra3 of County Cl"k's records mos mac. or pr0Mdee ellh this Sarney The dosorlpilon of th..ha,n lea.. par74nd coons woe obtained horn a plat prepared by Uintah Gginering and Land 5'hwyln4 for Eno*.On & co. (USA) Inc., doled Apra 1, 2006 0. Fill 46749, 2. Ina 40.1. of Bnrng. la Inls sunray N o l/'rosd Lo the Ilse hon the South j Caner of Seelp, 6 to the EE.I 1 Corner al Seeley 6 as being 14 AO' 41' 4?• E, mowmenLed os shown hereon. I3IPROI E,WE14T LOC4 TI0/3 CERTiIC.4TE 1 hereby mortify that this Improvement Couches) Aerli7a4t..o, prepared for Enterp'loe Ptadhz43 1741 that II h of a 104 Corby plot or lmpr t love, plot, and ?hot 1 I. not to be •11 '041 upon for 111..e1ab14hmeet of Isne., 34 db8. N othor f tore i pa Is II e fu Ih.1 cell. that th rrnprayarnsnis an thebow 46,03.9 coned) on 1hls dote. Apo 117 20476. ese.21 011y aameoton. p .nteely ellian the bound ".. of Inc poroel eoaepl as Owen, the ihra are n. M anis upon the desor5ed remised by chp.arennent. on py odo'ning premisas. e,eept 0. 481001ed. ane that theno S. no opocrant PAN e.Otienceo• son '1 any 0604 Itched ease. nt enO6s.06 Y e1ln4 any pert o} °a'e Pao* I RIFFIN & ASSOCIATES, INC. (307)362-5028 1414 ELK ST., ROCK SPR/NGS, WY 82901 IMPROVEMENT LOCATION CERTIFICATE FOR ENTERPRISE PRODUCTS, INC. PIPE STORAGE LEASE PARCEL SITUATE 1V NWi OF SECTION 5 & NEI OF SECTION 6, T• 8 S., R. 96 W, 6th P.M, GARFIELD COUNTS, COUNTY, COLORADO AByr6F6154 PRAWN 4,609. RCA 57A1E 1"•166 PRP 00. Ave r797 (.476947 1 6 Sec. 28 ROAD RIGHT-OF-WAY DESCRIPTION SE 1/4— A 30' WIDE RIGHT-OF-WAY 15' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 33, T7S, R96W, 6th P.M. WHICH BEARS S03'21'31 "W 789.89' FROM THE NORTHEAST CORNER OF SAID SECTION 33, THENCE S81'40'14"W 17.80' TO A POINT IN THE NE 1/4 NE 1/4 OF SAID SECTION 33, WHICH BEARS SO4'37'02"W 793.69' FROM THE NORTHEAST CORNER OF SAID SECTION 33. THE SIDE LINES OF SAID DESCRIBED RIGHT-OF-WAY BEING SHORTENED OR ELONGATED TO MEET THE GRANTOR'S PROPERTY LINES. BASIS OF BEARINGS IS A G.P.S. OBSERVATION. CONTAINS 0.012 ACRES MORE OR LESS. SURFACE USE AREA DESCRIPTION BEGINNING AT A POINT IN THE NE 1/4 NE 1/4 OF SECTION 33, T7S, R96W, 6th P.M. WHICH BEARS S26'34'11"W 140.02' FROM THE NORTHEAST CORNER OF SAID SECTION 33, THENCE S00'06'31"W 751.66'; THENCE N89'55'02'W 530.51'; THENCE N00'06'16"E 397.83'; THENCE N56'23'26"E 637.84' TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS A G.P.S. OBSERVATION. CONTAINS 7.000 ACRES MORE OR LESS. W.C. J" Alum. Cap 13' HIgh, Stones Lot: J9.401303 Long: 108.114508 LINE TABLE LINE BEARING LENGTH L1 S81.40'14"W 17.80' L2 S26'34'11 "W 140.02' 1/16 Section Line N8972'19"W - NOTE: BEGINNING STA. 0+00 BEARS S03'21'31 "W 789.89' FROM THE NORTHEAST CORNER OF SECTION 33, T7S, R96W, 6th P.M. ENDING STA. 0+17.80 BEARS SO4'37'02"W 793.69'FROM THE NORTHEAST CORNER OF SECTION 33, T7S, R96W, 6th P.M. RIGHT-OF-WAY LENGTHS PROPERTY OWNER FEET ACRES RODS SPECIALTY RESTAURANTS CORP. STOCKTON RESTAURANTS CORP. 17.80' 0.012 1.079 267,193' (Meas. 1 1/2" Alum. Cop #5 Rebor, Fence Comer Lot: J9,404817 Long: 108.105206 EnCana OIL & GAS (USA) INC. LO C ATIO N SURFACE USE AREA & ROAD RIGHT—OF—WAY ON FEE LANDS (For OFFICE 4c YARD SITE) LOCATED IN SECTION 33, T7S, R96W, fith P.M. RIO BLANCO COUNTY, COLORADO Section Line 01'54'54'W — 40. Sec. 33 Colorado River SURFACE USE AREA OFF/CE & YARD Sl TE Contains Z000 Acres w z 10 r-. 500'06'31"W N89'55'02"W 530.51'9 Exist. Fenceline- SPECIALTY RESTAURANTS CORP. & STOCKTON RESTAURANTS CORP, • NE 1/4 2 / !ci' Exist. 1/16 Section Line BASIS OF BEARINGS Road BASIS OF BEARINGS IS A G.P.S. OBSERVATION. ♦ = SECTION CORNERS LOCATED. 1982 Alum. Cop 1.4' Deep In Ground Steel Post, C—W Fencellne Lot: 39.401201 Long: 108.105051 Section Line 0 0 0 0 0 a r7 SCALE 589'28'5...3"W - 2595.57 (Meas. Centerline of Proposed Rood Right—of Way 1 END OF PROPOSED ROAD RIGHT—OF—WAY STA. 0+1780 1 (At Edge of Surface Use Area) I SEE DETAIL RIGHT NORTH — (G.L.O.) _ DETAIL NO SCALE Exist. Rood IrA S 1/4 Cor Sec 27 1982 Bross Cop 0.2' High, E—W Fencellne Lat: J9.401264 Lang: 108 095869 BEGINNING OF PROPOSED ROAD RIGHT—OF- WA Y STA. 0+00 (At Existing Rood) 1 THIS IS TO CERTIFY THAT THE FIELD NOTES OF ACTUAL SUR SUPERVISION AND THAT THE S BEST OF MY KNOWLEDGE AND UINTAH ENGINEERING & L i 1 VEYING 85 SOUTH - 200 EAST • (435) 789-1017 VERNAL UTAH - 84078 SCALE 1" = 300' DATE 04-15-08 PARTY B.H. G.O. D.R.B. REFERENCES G.L.O. PLAT WEATHER COLD FILE 4 8 7 7 6 EXHIBIT `A' 30' PERMANENT RIGHT-OF-WAY & EASEMENT, CHEVRON U.S.A., INC. WEST HALF OF SECTION 13. T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO CHEVRON USA INC. PETROLEUM DEVELOPMENT CORP. SEC. II NW CORNER SEC. 13 FWD. 2 1/2' BRASS CAP CN 2' STEEL PIPE U.S.G.LO. SUR MONUMENT DATE ILLEGIBLE WEST Y. CORNER SEC. 13 NO. 2 1/2' BRASS CAP ON 2' STEEL PIPE U,S.G.LO, SURVEY EY MONUMENT DATED 1917 SEC. 14 RICHARD PRATHER InlN 0; N 2 TUA 10'x107' SPRING 6.50' TUA 25'x3350' TUA 25'1L225' TVA CHEVR0H U.S.A INC. SEC. 12 EE EXHIBIT "C" C/L OF PROPOSED EPCO EASEMENT SEC. 13 CHEYRQN U.S.A.. INC, PARCEL xs'xI.16' TVA 2169-122-00-012 SEE EXHIBITS 'D" & "E" 10'x373' TUA 5W CORNER SEC. 13 FND. 2 1/2' BRASS CAP ON 2' STEEL PIPE U.S.C.LO. SURVEY MONUMENT DATED 1917 POINT OF COMMENCING 586'02'22'E 224.91' 20'476' TUA 25'x100' TVA SEC, 23 NBB'02'22"W "POINT OF 2'411,67' BEGINNING" PUCKETT LAND COMPA LY "POINT OF TERMINUS" 25'x160' TUA 0 200 R. 800 II. Oollorodo StatetaPlane anio Central Zona, NADa3 SOUTH Y CORNER END. 2 1/2' BRASS CAP ON 2` STEEL PIPE . U.S.G.LD. SURVEY MONUMENT GATED 1917 SEE ATTACHED RICHT Of WAY DESCRIPTION WHICH BY THIS REFERENCE 15 MADE HEREOF. SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESSIONAL LANG SURVEYOR IN THE STATE or COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. f �J r . !'L.(i 1 GEORGE OLBE A.L.S. #27610 SEC. 24 ND1E: 1) BASIS OF BEARING: OPS OBSERVATION ALONG THE SOUTH LIVE OF SAID SECTION 13 A5 DEFINED BY MONUMENTAT10N 511010N HEREON. BEARS: N11802'22'W 2) DATE FIELD SURVEY: 5/13/00 3) THIS SURVEY ODES NOT CONSTITUTE A 1111E SEARCH TO DETERMINE OHNERSHIP OR EASEMENTS OF RECORD. N0 TITLE COMMITMENT WAS FURNISHED IN THE PREPARATION OF THIS SURVEY. 4) SEE EXHIBIT 'B' FOR EASEMENT DESCRIPTION. NOTICE: ACCORDING TO COLORADO LAW. YOU MUST COMMENCE ANY LEGAL AC110H BASEO UPON ANY DEFECT IN THIS SURVEY 0111110 THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY AC11010 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCE° MORE THAN TEN YEARS FROM THE DATE OF 1H15 CERTklCA110N SHOWN HEREON. FSRoRUNIIRR 1 ~"~"� 1 001 0.11 0 7-10 0 FS 1159A 1 •241FIM?-1012 NS, V 5 EXHIBIT 'Cm TYPICAL EASEMENT FOR EPCO PIPELINE 100' CORRIDOR 10' EPCO TUA 30' EPCO EASEMENT OTHERS 0 20" EPCO PIPELINE 0 0 0 0 35' EPCO TU A SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY I5 ACCURATELY SHOWN HEREON. GEORGE P.L.S. #27510 672 OLBE r FoRIRwM.0 NI 51:11"...19.2%.124119.1307.eou 1 M nom 1 11111-1107-100 EXHIBIT "B" 30' PERMANENT RIGHT-OF-WAY & EASEMENT, CHEVRON U.S.A., INC. WEST HALF OF SECTION 13, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO CHEVRON USA INC. 30' WIDE PERMANENT RIGHT-OF-WAY AND EASEMENT A 30' WIDE RIGHT-OF-WAY AND EASEMENT LYING WITHIN THE WEST HALF OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 61H PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY CENTERUNE A5 FOLLOWS: COMMENCING AT A BRASS U.S.G.LO. SURVEY MONUMENT LOCATED AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE SOUTH 8E102'22" EAST ALONG THE SOUTH UNE OF SECTION 13, FOR A DISTANCE OF 224.9 FEET; TO THE 'POINT OF BEGINNING" OF SAID CENTERUNE; THENCE NORTH 63'03'14• EAST FOR A DISTANCE OF 419.73 FEET; THENCE NORTH 17'32'52" WEST FOR A DISTANCE OF 914.76 FEET; THENCE NORTH 1'38'19" WEST FOR A DISTANCE OF 165.19 FEET: THENCE NORTH 1O'00'47" WEST FOR A DISTANCE OF 69.96 FEET; THENCE NORTH 54'41'13" WEST FOR A DISTANCE OF 19.09 FEET; THENCE NORTH 1916'35" WEST FOR A DISTANCE OF 447.25 FEET; THENCE NORTH 8'27'40" WEST FOR A DISTANCE OF 243.46 FEET; THENCE NORTH 1'40'04' EAST FOR A DISTANCE OF 401.57 FEET; THENCE NORTH 62'30'39" EAST FOR A DISTANCE OF 637.64 FEET; THENCE NORTH 3704'19" EAST FOR A DISTANCE OF 927.30 FEET; THENCE NORTH 28'2207" EAST FOR A DISTANCE OF 304.08 FEET; THENCE NORTH 37455 EAST FOR A DISTANCE OF 196.84 FEET; THENCE NORTH 6300'41" EAST FOR A DISTANCE OF 197.82 FEET; THENCE NORTH 69'54'18" EAST FOR A DISTANCE OF 304.10 FEET; THENCE NORTH 58'55'29' EAST FOR A DISTANCE OF 249.47 FEET; THENCE SOUTH 82'58'05" EAST FOR A DISTANCE OF 97.70 FEET; THENCE SOUTH 59114'07" EAST FOR A DISTANCE OF 101.20 FEET; THENCE NORTH 2545'34" EAST FOR A DISTANCE OF 119.52 FEET TO THE "POINT OF TERMINUS"; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 174,501 SQUARE FEET OR 4.006 ACRES MORE CR LESS, HAVING A CENTERLINE LENGTH OF 5,816.7 LINEAR FEET 0R 352.5 RODS MORE OR LESS. BASIS OF BEARING FOR THE ABOVE DESCRIBED RIGHT-OF-WAY AND EASEMENT 15 NORTH 8802'22" WEST ALONG THE SOUTH LINE OF SA10 SECTION 13, SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND A5 SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. FORaman Kt "w IMF. aro. ,a 1241 1IO7. Q , EXHIBIT "D" PINCH POINT EASEMENT FOR EPCO PIPELINE CD EE 0 0 O 0 0 0 (NI V) (.1) (1) (I) CC 0_ X X 0 LA LTJ W LLJ a_ H - 1- I— uJ 0 0 0 0 SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2008 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLBER.T P.L.S. #27610 27610 •(_ 4V,If 1.60 TREE LINE Fa*iRuwe1a 1.1111-01 IA IARUMI r111MI1Ph10° CR 14 r 124911.1110i-000 EXHIBIT 'E' DETAIL OF PINCH POINT TO AVOID SPRING & ASPEN GROVE n. a z 0 PON P SPRING 5' N WASH 100' 61114 190 LF OF 5 -UNE TRENCH. SEE -EXHIBIT "D" TREES SURVEYOR'S STATEMENT; f, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. X00 fifi, j5 GEORGE OL13Ee.11 o� a, P.LS. #27510 F iNI( LAS4� v1.0 �..,,.•„.: .11111.4 171BM9on600 a "n LIII��lMI4rt.M-1901.1111 nc.ff• FORRRUNNLR PJ RIGHT-OF-WAY EXHIBIT °A` WITHIN SECTIONS 23 & 24, T6S - R97W, 6TH P.M. GARFIELQ COUNTY. COLORADO PUCKETT LAND CO. o....621600 1040 IL ab PROPOSED JACK RABBIT PDC Colorado Stott Plana 20' LATERAL NE CORNER SECTION 23 Genual Tone, NABOB S88'IB'35'E SB8.O3'40'E 2635,37• 2634.22' RECE VER/LAUNCHER LOCATION (SEE DETAIL B. DESCRIPTION SHEET 4, EXHIBIT 'C') 0 XY CE,ITCRLLNE PROPOSED CASCADE- 10' LATERAL c B. PROPOSED HAYSTACK - 10' LATERAL t7 PUCKETT SEC. 23 T6S—R97W 2 POT 1 PRDPOSEDO CASCADE 10' LATERAL ROPOSED ce HAYSTACK 10' LATERAL J z 224.91' - ALM& NORTHERLY LINE SEC. 24 CHEVRON S 82'62'22' E 241167' POB 1 PUCKETT SEC. 24 T6S—R97 W y�� 04, AST Y, CORNER SECTION 23 T6S-R97W PUCKETT SEC. 26 T6S-R97W FGEND' O = PIPELINE SEGMENT DETAIL REFERENCE END POINT 0. PIPELINE SEGMENT DETAIL REFERENCE (SEE SHEET 3) e - FOUND 2 1/2' BRASS CAP U.S.G.LA. SURVEY MONUMENT CL = CENTERLINE PL - PIPELINE P02- POINT OF BEGINNING PDC- POINT OF COMMENCING PDT= POINT OF TERMINUS ROW'= RIGHT -0F -WAY TUA= TEMPORARY USE AREA SURVEYOR STATENENTI I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON LAS MADE UNDER NY DIRECT SUPERVISION 111 THE MONTH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. G GE CL4—T P.L,S. #27610 pp-u,tthrq'O REGAS,j?r,„ . 27610 e. /OT+Ai, NAND S�Q r POT 2 PUCKETT SEC. 25 T6S-R97W NOTES. 1) BASIS OF BEARING: GPS OBSERVATION ALONG THE NORTHERLY LINE OF THE NW/4 OF SECTION 24, TOS R97W AS DEFINED BY NONUNENTATION SHOWN HEREON, DEARS] S 86.02'22' E 2) DATE FIELD SURVEY: 1/30/09) DATE LAST FIELD REVIEW' 1/30/09, 3) SURVEY DATA) SHOWN HEREON IS BASED ON GPS SURVEY SET TO COLORADO CENTRAL STATE PLANE COORDINATES AT GRID ELEVATION. 4) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH TD DETERMINE DVNERSHIP DR EASEMENTS OF RECORD. NO TITLE COMMITMENT WAS FURNISHED 16 THE PREPARATION OF THIS SURVEY. 51 SEE SHEET 2 OF 4 FDR RIGHT-OF-WAY DE -SCRIM -ON ATTACHED WHICH BY THIS REFERENCE 1S MADE HEREOF. 6) ACCORDSNG TO 00.004DO LAV, YOU FUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT HAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY SE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THIS CERTIFICATION FORBROKKER ~•x 910911 I�12199-A 10)0. IID. TGR ,5-0 r' RC1 I W 1 1 25 49-1 8 05.103 RIGHT-OF-WAY EXHIBIT'B-I' WITHIN SECTIONS 23 & 24, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERLINE DESCRIPTION OF A 50.00 FOOT WIDE RIGHT-OF-WAY AND EASEMENT CENTERLINE DESCRIPTION FOR A FIFTY (50.00) FOOT WIDE RIGHT-OF-WAY AND EASEMENT WITHIN SECTIONS 23 & 24, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN. GARFIELD COUNTY, COLORADO. SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED IN TWO PARTS AS FOLLOWS: CENTERLINE 1: COMMENCING A7 THE NORTHEAST CORNER OF SAID SECTION 23, SAID CORNER BEING MARKED WITH A U.S. C.L.O. SURVEY MONUMENT, DATED 1917; THENCE SOUTH 88'02'22" EAST ALONG THE NORTHERLY LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 24, FOR A DISTANCE OF 224.91 FEET TO "POINT OF BEGINNING 1" OF SAID CENTERLINE; THENCE SOUTH 89'04'11" WEST FOR A DISTANCE OF 120.84'; THENCE SOUTH 7016'13" WEST FOR A DISTANCE OF 111.92'; THENCE SOUTH 64'28'22" WEST FOR A DISTANCE OF 70.71'; THENCE SOUTH 43'03'08' WEST FOR A DISTANCE OF 77.51'; THENCE SOUTH 39'23'59" WEST FOR A DISTANCE OF 170.62'; THENCE SOUTH 59'57'14" WEST FOR A DISTANCE OF 124.95'; THENCE SOUTH 7010'28" WEST FOR A DISTANCE OF 135.19'; THENCE SOUTH 76'08'35" WEST FOR A OISTANCE OF 390.54'; THENCE SOUTH 81'30'53" WEST FOR A DISTANCE OF 231,98'; THENCE SOUTH 8714'52" WEST FOR A DISTANCE OF 238.04; THENCE NORTH 89'39'20" WEST FOR A DISTANCE OF 494,55; THENCE NORTH 85'37'00" WEST FOR A DISTANCE OF 386.46'; THENCE NORTH 7415'02" WEST FOR A DISTANCE OF 376.80'; THENCE SOUTH 77'51'05" WEST FOR A DISTANCE OF 203.61'; THENCE SOUTH 88'21'14" WEST FOR A DISTANCE OF 249.02'; THENCE SOUTH 56'33'20" WEST FOR A DISTANCE OF 32.46'; THENCE SOUTH 36'38'40" WEST FOR A DISTANCE OF 38.84 THENCE SOUTH 25'48'44" WEST FOR A DISTANCE OF 238.96'; THENCE SOUTH 31'37'26" WEST FOR A DISTANCE OF 65.89'; THENCE SOUTH 52'59'25" WEST FOR A DISTANCE OF 41.51'; THENCE SOUTH 58'31'07" WEST FOR A DISTANCE OF 267.22' ; THENCE SOUTH 5717'45" WEST FOR A DISTANCE OF 413.51'; THENCE SOUTH 49'58'57' WEST FOR A OISTANCE OF 93.57'; THENCE SOUTH 34'46'14" WEST FOR A DISTANCE OF 101.64'; THENCE SOUTH 32'09'05" WEST FOR A DISTANCE OF 148.53'; THENCE SOUTH 2912'37' WEST FOR A DISTANCE OF 135.63'; THENCE SOUTH 31'59'18" WEST FOR A DISTANCE OF 65.60'; THENCE SOUTH 37'52'28" WEST FOR A DISTANCE OF 304.12'; THENCE SOUTH 38'54'53" WEST FOR A DISTANCE OF 92.80'; THENCE SOUTH 43'34'19" WEST FOR A DISTANCE OF 167.11'; THENCE SOUTH 48'28'32" WEST FOR A DISTANCE OF 183.00'; THENCE SOUTH 68'19'02" WEST FOR A DISTANCE OF 48.50'; THENCE SOUTH 21'40'58" EAST FOR A DISTANCE OF 77.54'; THENCE SOUTH 4'58'11" WEST FOR A DISTANCE OF 61.71'; THENCE SOUTH 57'43'11" WEST FOR A DISTANCE OF 142.62' TO A POINT, SAID POINT BEING "POINT OF BEGINNING 2"; THENCE CONTINUING SOUTH 57'43'11" WEST FOR A DISTANCE OF 4.66'; THENCE SOUTH 24'51'21" WEST FOR A DISTANCE OF 855.85'; THENCE SOUTH 84'33'13" WEST FOR A DISTANCE OF 256.10' MORE OR LESS TO "POINT OF 'TERMINUS 1"; CENTERLINE 1 PARCEL OF LAND, CONTAINING 361.008 SQUARE FEET OR 8.3 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 7,220.16 FEET OR 437.6 RODS MORE OR LESS. AND (CENTERLINE 2 - SEE SHEET 3 ATTACHED AND A PART OF THIS DESCRIPTION) SURVEYOR STATEMENT. 1, GEORGE OLDERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE DF COLORADO. 10 HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS HAM UNDER HY ➢IRECT SUPERVISION IN THE MONTH OF JANUARY 2009 AND THAT OP SAID SURVEY IS ACCURATELY SHOWN HEREON. GGEORCE OL P.L.S. #27610 r NOTES. 1) BASIS OF BEARING GPS OBSERVATION ALONG THE NORTHERLY LINE OF THE NW/4 OF SECTION 24, TES R97W AS DEFINED BY HONUMENTATION SHOWN HEREON (EXHIBIT 'A', SHEET 1 Of 4). BEARS, S 08.00'22' L. 2) DATE FIELD SURVEY' 1/30/09, BATE LAST FIELD REVIEW, 1/20/09. Foo EIl1xx0R r If��9-n I o4c. W. '°an I I .mer. 12499.1605807 1 RIGHT-OF-WAY EXHIBIT '13-2' WITHIN SECTIONS 23 & 24, T6S - R47W, 6TH P.M, GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERLINE 2 (CONTINUED FROM "RIGHT-OF-WAY EXHBIIT 0-1, SHEET 2): COMMENCING AT SAID "POINT OF BEGINNING 2" (SEE SHEET 2 ATTACHED AND BEING A PART OF THIS DESCRIPTION); CENTERUNE 2: THENCE SOUTH 39'02'05" EAST FOR A DISTANCE OF 112,50'; THENCE SOUTH 43'51'56" EAST FOR A DISTANCE OF 159.37; THENCE SOUTH 46'56'36" EAST FOR A DISTANCE OF 2813.01'; THENCE SOUTH 46'01'57" EAST FOR A DISTANCE OF 714.64'; THENCE SOUTH 42'26'51" EAST FOR A DISTANCE OF 58.81'; THENCE SOUTH 18'48'24' EAST FOR A DISTANCE OF 202.81' MORE OR LESS TO THE SOUTHERLY LINE OF SAID SECTION 23, SAID POINT BEING THE "POINT OF TERMINUS"; CENTERLINE 2 PARCEL OF LAND, CONTAINING 201,603 SQUARE FEET OR 4.6 ACRES MORE OR LESS, HAVING A CENTERUNE LENGTH OF 4,06115 FEET OR 246.1 ROOS MORE OR LESS. TOTAL COMBINED CENTERLINE 1 AND 2 EASEMENT, CONTAINING 552,611 SQUARE FEET OR 12.9 ACRES MORE OR LESS, HAVING A TOTAL CENTERLINE LENGTH OF 11,281.31 FEET OR 683.7 RODS MORE OR LESS. IIIA LINE ROW LINE EPOO PL_ E"I0 .,C 1 F NRA.T.IION PL V! ROW LIIC -� a N ab TYPICAL OFFSET DETAIL C'ab' = 3454.02 LF) N/, LINE ROW LIFE N ul RGW LITE �-• C) TYPICAL OFFSET DETAIL ('Cor. = 1111.95 LF) h TUX UNE ROW LITE OR. (13 PL fGSGAOE) i IPCO PL IHATSTACK) EXIST.ERGO i MARATHON PLL, ROW LINE .-- N be TYPICAL OFFSET DETAIL ('be' = 2654.19 LF) 25' 50' 25125' wl ce TYPICAL OFFSET DETAIL ('Ce. k 4061.15 LF) TYPICAL OFFSET DETAIL BY SEGMENT (REFER TO PLAT EXHIBIT A, SHEET i ATTACHED) JIRVFYOR CTAIFMFNT. 1, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF JANVARY 2009 AND THAT OF SAID SURVEY 15 ACCURATELY SHOWN HEREON. NOWS. U BASI5 OF BEARING. GPS 085ERVATOON ALONG THE NORTHERLY LINE OF THE NV/4 OF SECTION 24, T6S R97W AS DEFINED BY MONUHENTATION SHOWN HEREON (EXHIBIT 'A', SHEET 1 OF 4) BEARS S 88'12'22' E. 2) DATE FIELD SURVEY, 1/30/09, DATE LAST FIELD REVIEW. 1/30/09. P08RRUMMER !I rxn 2 v. 1244 V5-1805-809 • RIGHT-OF-WAY EXHIBIT 'C" WITHIN SECTION 23, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. (DETAIL REFERENCE SHEET I OF 10 DESCRIPTION OF A 100 FOOT BY 200 FOOT RIGHT-OF-WAY AND EASEMENT WITHIN SECTION 23, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23, SAID CORNER BEING MARKED WITH A U.S. G.L.O. SURVEY MONUMENT, DATED 1917; THENCE SOUTH 81'22'07" WEST FOR A DISTANCE OF 3105.96 FEET TO THE POINT OF BEGINNING OF SAID TRACT; THENCE SOUTH 25'48'44" WEST FOR A DISTANCE OF 200.00 FEET; THENCE NORTH 6411'16" WEST FOR A DISTANCE OF 100.00 FEET; THENCE NORTH 25'48'44" EAST FOR A DISTANCE OF 200.00 FEET; THENCE SOUTH 6411'16" EAST FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 20,000 SQUARE FEET OR 0.46 ACRES MORE OR LESS. ❑IRVTYf1R fTATF{IFNT, 1. GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON VAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEOkt;E OLB P.L.S. $'2761 J F TN!). 0. FOUND 2 1/2' BRASS CAP U.0OL.0 SURVEY MONUMENT PCB= POINT OF BEGINNING POC= POINT OF CUHMENCING TUA= TEMPORARY USE AREA NOTES: 1) BASIS OF BEARING, GPS OBSERVATION ALONG THE NORTHERLY LINE OF THE NV/4 OF SECTION 24, TIS ROW AS DEFINED BY MONOMENTATION SHOWN HEREON (EXHIBIT 'A', SHEET 1 OF 5). BEARS, S 88'62'22' E. 2) DATE FIELD SURVEY. 1/30/20091 DATE LAST FIELD REVIEW, 1/30/09. FOR IRUMMER 1]UGY-A fal-q. i[Ll or 12.499,1B0,5403 0 I I1°5° Colorado � Central zona, NA083 RIGHT-OF-WAY EXHIBIT W WITHIN SECTIONS 23 & 21., T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. alo PROPOSED CS88. 5,0 ' E /\J 2635,3V RECO VER/LAUNCHER LOCATION (SEE DETAIL D. DESCRIPTION SHEET 4, EXHIBIT -C') OXY POT 1 g JACK RABBIT 20' LATERAL 588'98'40'E 2634.22' P OC NE CORNER SECTION 23 CEtSTERL[NE PROPOSED CASCADE- 10' LATERAL PROPOSED HAYSTACK - 10' LATERALP:>, OB 2 PROPOSED CASCADE 10' LATERAL PUCKETT SEC, 23 T6S-R97W ROPOSED ce HAYSTACK 10' LATERAL tiT PUCKETT SEC. 26 T6S-R97W FUND' O = PIPELINE SEGMENT DETAIL REFERENCE END POINT O= PIPELINE SEGMENT DETAIL REFERENCE <SEE SHEET 3) = FOUND 2 1/2' BRASS CAP U.SG.L.O. SURVEY MONUMENT CL = CENTERLINE PL = PIPELINE POD= POINT OF BEGINNING ROC= POINT OF COMMENCING POT= POINT OF TERMINUS ROW= RIGHT-OF-WAY TUA= TEMPORARY USE AREA CIIRYCYDR STAT0IENT. I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR EN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON VAS HOE UNDER MY DIRECT SUPERVISJON IN THE HATH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GE OLB� P.L.S. #27610 4J' POT 2 221,91' - ALCM6 NORTHERLY LINE SEC. 24 CHEVRON S $0'02'22' E 241167' POB 1 PUCKETT SEC. 24 T6S-R97W AST K, CORNER SECTION 23 T6S-R97W PUCKETT SEC. 25 T6S-R97W MOTES. 15 BASIS OF BEARING DPS OBSERVATION ALONG THE NORTHERLY LONE OF THE NW/4 OF METEOR 24, T65 R97W 05 DEFINED BY > k4JMENTATION SI -)WN HEREON. DEARS: S 88'02'22' E 2) DATE FIELD SURVEY. V30./091 DATE LAST FIELD REVIEW. [/30/09. 3) SURVEY DATUM SHOWN HEREON IS BASED ON GPS SURVEY SET TO COLORADO CENTRAL STATE PLANE COORDINATES AT GRID ELEVATION. 4) THIS SURVEY DOES MOT CONSTITUTE A TITLE SEARCH TO DETERMINE OWNERSHIP DR EASEMENTS OF RECORD. NO TITLE COMMITMENT WAS FURNISHED IN THE PREPARATION OF THIS SURVEY, 5) SEC SF -ECT 2 OF 4 FOR R10 ->T -OF -WAY DESCRIPTION ATTACHED WHICH BY THIS REFERENCE IS MADE H£REOF, 6) ACCORDING TO COLORADO LAV, YOU NJST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE 130 THIS CERTIFICATION F08.ER0NH6g w mow, 1204-A •G. e0. 124941805803 RIGHT-OF-WAY EXHIBIT 'o -r WITHIN SECTIONS 23 B 24, TMS - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERLINE DESCRIPTION OF A 50.00 FOOT WIDE RIGHT--0F-WAY AND EASEMENT CENTERUNE DESCRIPTION FOR A FIFTY (50.00) FOOT WIDE RIGHT-OF-WAY AND EASEMENT WITHIN SECTIONS 23 & 24, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORA00, SAID CENTERUNE BEING MORE PARTICULARLY DESCRIBED IN TWO PARTS AS FOLLOWS: CENTERUNE 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23, SAID CORNER BEING MARKED WITH A U.S. G.L.O. SURVEY MONUMENT, DATED 1917; THENCE SOUTH 88'02'22° EAST ALONG THE NORTHERLY LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION 24, FOR A DISTANCE OF 224.91 FEET TO "POINT OF BEGINNING I" OF SAID CENTERLINE; THENCE SOUTH 89'04'11" WEST FOR A DISTANCE OF 120.84'; THENCE SOUTH 70'16'13" WEST FOR A DISTANCE OF 111.92'; THENCE SOUTH 64'28'22" WEST FOR A DISTANCE OF 70.71'; THENCE SOUTH 43'03'08" WEST FOR A DISTANCE OF 77.51'; THENCE SOUTH 3923'59" WEST FOR A DISTANCE OF 170.62'; THENCE SOUTH 59'57'14" WEST FOR A DISTANCE OF 124.95'; THENCE SOUTH 7010'28" WEST FOR A DISTANCE OF 135.19'; THENCE SOUTH 76'08'35" WEST FOR A DISTANCE OF 390.54'; THENCE SOUTH 81'30'53" WEST FOR A DISTANCE OF 231.98'; THENCE SOUTH 8714'52" WEST FOR A DISTANCE OF 238.04'; THENCE NORTH 89'39'20" WEST FOR A DISTANCE OF 494.55'; THENCE NORTH 85'3700" WEST FOR A DISTANCE OF 386.46'; THENCE NORTH 74'15'02" WEST FOR A DISTANCE OF 376.80'; THENCE SOUTH 77'51'05" WEST FOR A DISTANCE OF 203.61'; THENCE SOUTH 8821'14" WEST FOR A DISTANCE OF 249.02'; THENCE SOUTH 56'33'20" WEST FOR A DISTANCE OF 32.46'; THENCE SOUTH 36'38'40" WEST FOR A DISTANCE OF 38.82'; THENCE SOUTH 25'48'44' WEST FOR A DISTANCE OF 238.96'; THENCE SOUTH 31'37'26" WEST FOR A DISTANCE OF 65.89'; THENCE SOUTH 52'59'25" WEST FOR A DISTANCE OF 41.51'; THENCE SOUTH 58'31'07" WEST FOR A DISTANCE OF 267.22' ; THENCE SOUTH 571745" WEST FOR A DISTANCE OF 413.51'; THENCE SOUTH 49'58'57" WEST FOR A DISTANCE OF 93.57'; THENCE SOUTH 34'45'14' WEST FOR A DISTANCE OF 101.64'; THENCE SOUTH 32'09'05" WEST FOR A DISTANCE OF 148.53'; THENCE SOUTH 29'12'37" WEST FOR A DISTANCE OF 135.63'; THENCE SOUTH 31'59'18" WEST FOR A DISTANCE OF 65.60'; THENCE SOUTH 37'52'28" WEST FOR A DISTANCE OF 304.12'; THENCE SOUTH 38'54'53" WEST FOR A DISTANCE OF 92.80'; THENCE SOUTH 43'34'19" WEST FOR A DISTANCE OF 167.11'; THENCE SOUTH 48'28'32" WEST FOR A DISTANCE OF 183.00'; THENCE SOUTH 6819'02" WEST FOR A DISTANCE OF 48.50'; THENCE SOUTH 21'40'58" EAST FOR A DISTANCE OF 77.54'; THENCE SOUTH 4'58'11" WEST FOR A DISTANCE OF 61.71'; THENCE SOUTH 57'43'11" WEST FOR A OISTANCE OF 142.62' TO A POINT, SAID POINT BEING "POINT OF BEGINNING 2"; THENCE CONTINUING SOUTH 57'43'11" WEST FOR A DISTANCE OF 4.66'; THENCE SOUTH 24'51'21" WEST FOR A DISTANCE OF 855.85'; THENCE SOUTH 84'33'13' WEST FOR A DISTANCE OF 256.10' MORE OR LESS TO "POINT OF TERMINUS 1"; CENTERLINE 1 PARCEL OF LAND, CONTAINING 361,008 SQUARE FEET OR 8.3 ACRES MORE OR LESS, HAVING A CENTERUNE LENGTH OF 7,220.16 FEET OR 437.6 RODS MORE OR LESS. AND (CENTERLINE 2 - SEE SHEET .3 ATTACHED AND A PART OF THIS DESCRIPTION) RIIRVEYOR STATEMENT' I, GEORGE OLDERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER NY DIRECT SUPERVISION IN THE MONTH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. Q GEORGE OL P.L.S. #27810 0 paal NOTE& 1) BASIS OF BEARING: GPS OBSERVATION ALONG THE NORTHERLY LINE OF THE NW/4 OF SECTION 24, TAS R97W AS DEFINED BT HONUMENTATION SHOWN HEREON <EXHIBIT 'A', SHEET 1 DF 4). BEARS S 88.02'22' E. 2) DATE FIELD SURVEY: 1/30/09, DATE LAST FIELD REVIEW, 1/30/09. FoaRRUIINGR 1t r:+t Isca, 41, 42499-1805-1303 RIGHT-OF-WAY EXHIBIT'B-2' WITHIN SECTIONS 23 & 24, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERUNE 2 (CONTINUED FROM 'RIGHT—OF—WAY EXHBIIT B-1, SHEET 2): COMMENCING AT SAID "POINT OF BEGINNING 2" (SEE SHEET 2 ATTACHED AND BONG A PART OF THIS DESCRIPTION); CENTERUNE 2: THENCE SOUTH 39'02'05' EAST FOR A DISTANCE OF 112.50', THENCE SOUTH 43'51'55" EAST FOR A DISTANCE OF 159.37'; THENCE SOUTH 46"56'36" EAST FOR A DISTANCE OF 2813.01'; THENCE SOUTH 46'01'57" EAST FOR A DISTANCE OF 714.64'; THENCE SOUTH 42'26'51' EAST FOR A DISTANCE OF 58.81'; THENCE SOUTH 18'48'24" EAST FOR A DISTANCE OF 202.81' MORE OR LESS TO THE SOUTHERLY LINE OF SAID SECTION 23, SAID POINT BEING THE "POINT OF TERMINUS'; CENTERUNE 2 PARCEL OF LAND, CONTAINING 201,603 SQUARE FEET OR 4.6 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 4,081.15 FEET OR 246.1 RODS MORE OR LESS. TOTAL COMBINED CENTERLINE 1 AND 2 EASEMENT, CONTAINING 552,611 SQUARE FEET OR 12.9 ACRES MORE OR LESS, HAVING A TOTAL CENTERLINE LENGTH OF 11,281.31 FEET OR 683.7 RODS MORE OR LESS. TVA LIFE N ROW LINE EAED PL E>t1if.•CPO] L NARATIQN PLN ROY LEW LR ab TYPICAL OFFSET DETAIL ("nb' = 3454.02 LF) ROI! LINE EE `O PL Raw LINE a) TYPICAL OFFSET DETAIL ('cd' = 1111.95 LF) TVA LIPS ROW L IIF 10 21 EPEE PL ICAr�E1 (N EPCO PL AT0TAEKI EXIST. EPO] L 10.'3A11EN PLLO ROV L11£ 10 be TYPICAL OFFSET DETAIL ('be = 2654.19 LF) � I 4 25'1125'! of gf 0 ce TYPICAL OFFSET DETAIL CCE' = 4061.15 LF) TYPICAL OFFSET DETAIL BY SEGMENT (REFER TO PLAT EXHIBIT A, SHEET 1 ATTACHED) SIIRVFYEIR STATFNFNT' 1, GEORGE OLBERT. A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, BB HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON VAS MADE UNDER HY DIRECT SUPERVISION IN THE MONTH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. P.L.S. #27610 a /7, NOTFS; 1) BASIS OF BEARING. EPS OBSERVATION ALONG THE NORTHERLY LINE Of INE NV/4 OF SECTION 24, T6S R97W AS DEFINED BY NONUHENTATION SHOWN HEREON (EXHIBIT 'A', SHEET 1 OF 4). BEARS. S 88.02'22' E. 6) DATE FIELD SURVEY 1130/09; DATE LAST FIELD REVIEW- 1/30/09. FORBRUNNEll eLa. �a ! rL+i r°*. , l' 12499-11305-M • RIGHT-OF-WAY EXHIBIT WITHIN SECTION 23, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LANG CO. (DETAIL. REFERENCE SHEET I OF 4) DESCRIPTION OF A 100 FOOT BY 200 FOOT RIGHT-OF-WAY AND EASEMENT WITHIN SECTION 23, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23, SAID CORNER BEING MARKED WITH A U.S. C.L.O. SURVEY MONUMENT, DATED 1917; THENCE SOUTH 81'22'07' WEST FOR A DISTANCE OF 3105.96 FEET TO THE POINT OF BEGfNNING OF SAID TRACT; THENCE SOUTH 25'48144" WEST FOR A DISTANCE OF 200.00 FEET; THENCE NORTH 6411'15" WEST FOR A DISTANCE OF 100.04 FEET; THENCE NORTH 25'48'44" EAST FOR A DISTANCE OF 200.00 FEET; THENCE SOUTH 64'11'16" EAST FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 20,000 SQUARE FEET OR 0.46 ACRES MORE OR LESS. • 82' LONG ACCESS ROAD S 6g 11 ▪ \ Ip00 p 6. t • / • P❑ ~O/ Sp. fFky $O7 AIRVFYf1R SIAFMFNT. 1, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, 00 HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOVN HEREON VAS MADE UNDER NY DIRECT SUPERVISION IN THE MONTH OF JANUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. / / NE CORNER SECTION 23 T6S-R97W z2�gti cfr LEDEDIEL. = FOuND 2 1/2' BRASS CAF US.GL.O. SURVEY MONUMENT POD= POINT OF BEGINNING POC= POINT OF COMMENCING TUA= TEMPORARY USE AREA NOTES: 15 BASIS OF DEARING, GPS OBSERVATION ALONG THE NORTHERLY LINE OF THE NW/4 OF SECTION 24, TAS 097W AS DEFINED BY MONUMENTAT]ON SHOWN HEREON (EXHIBIT 'A', SHEET 1 OF 5). BEARS S 88'02'22' E. 2) DA70 FIELD SURVEY. ]/30/2009, DATE. LAST FIELD REVIEW, 1/30/09. FORERUNIl R owe. P9. w 12499.1B04BP3 N 2000 Inn;6n6i ft. Cdorado Stott Plane Centroi Zone, NADBS RIGHT-OF-WAY EXHIBIT "A" WITHIN SECTIONS 25, 26, a 35, T6S - R97W & SECTIONS 1,2 & II, T7S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. r'n,Al PUCKETT � ;r : PUCKETT /OXY SEC. 23 T6S-R97W n M T6S-R97W OA TYP€CAL OFFSET DETAIL EAST Y CORNER SECTION 23 T65 - R97W NOTES: 1) BASIS OF BEARING, GPS OBSERVATION ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SECTION II, T75 R97W AS DEFINED 3Y NONU4ENTATION SHOWN HEREON. BEARS. S 1'34'46' V 2) DATE FIELD SURVEY 11/03/061 DATE LAST FIELD REVIEW 1/35/00. 3) SURVEY DATUM SHOWN HEREON IS BASED ON 015 SURVEY SET TO COLORADO CENTRAL STATE PLANE COORDINATES AT GRID ELEVATION. 4) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD, NO TITLE COHHITOENT WAS FURNISHED IN THE PREPARATION OF THIS SURVEY, 5) 5EE SHEET 2 L 3 (E 4 FOR RIGHT-OF-WAY DESCRIPTION ATTACHED WHICH BY THIS REFERENCE IS MADE HEREOF. 6) ACCORDING TU COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN 156 YEARS FRG4 THE DATE OF THIS CERTIFICATION j 0 = FOUND 2 1/2' BRASS CAP U.S.G.L.O. SURVEY MONUMENT POD= POINT OF BEGINNING POC. POINT OF COMMENCING POT= POINT OF TERMINUS ROW= RIGHT -DF -VAT TI./A= TEMPORARY USE AREA SIIRVEIOR STATENFNT: 2, GEORGE OLDERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF NOVEMBER 2008 AND THAT OF SAID SURVEY 1S ACCURATELY SHOWN HEREON. P. P GEORGE OLS P.L.S. #27610 (2)50'400'TUA HAYSTACK 10' LATERAL 50'xIOO'TUA PUCKETT SEC. 26 T6S-R97W Sn' InfrTHA PUCKETT SEC. 35 PUCKETT T6S-R97W SEC. 36 T6S-R97W PUCKETT SEC. 25 165-097W 50'x 100'TUA PUCKETT SEC. 2 175-6976/ 50'x100'TUA (2)50'x100'TUA 50'x100'FUA 25'X100' EASEMENT FOR LAUNCHER SITE & 15X18' ACCESS ROAD (SEE NOTE, DETAIL & DESC. SHEET 4, EXHI8IT "C") PUCKETT SEC. 11 T7S-R97W SHELL FRONTIER OIL AND GAS C0 PUCKETT SEC. 1 T7S--R97W MAN WASH ROAD ±1395.17' N 20'44'07' E POT r1irNr:rr `a;��p4eRECISTF�, +'�`"'610% RERO MER ==v27610 0,1414, o, r—�, ��o 94011“ I IRaBr-A oe110. se_ V' I 1 �."1 m , Lir . 124994 BON -804 r .,:11111 "• RIGHT-OF-WAY EXHIBIT 'B -I" WITHIN SECTIONS 25, 26,_ & 35, T6S - R97W & SECTIONS 1,2 & II, T7S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERLINE DESCRIPTION OF A 50.00 FOOT WIDE RIGHT-OF-WAY AND EASEMENT CENTERLINE DESCRIPTION FOR A FIFTY (50.00) FOOT WOE RIGHT-OF-WAY AND EASEMENT WITHIN SECTIONS 25, 26 & 35, TOWNSHIP 6 SOUTH, RANGE 97 WEST, AND SECTIONS 1, 2 AND 11, TOWNSHIP 7 SOUTH RANGE 97 WEST, 6TH PR+NCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS G.LO. MONUMENT AT THE EAST QUARTER CORNER OF SECTION 23, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPAL MERIDIAN; THENCE SOUTH 35'02'43" WEST FOR A DISTANCE OF 3155.93 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 23, SAID POINT BEING THE "POINT OF BEGINNING" OF SAID CENTERLINE; THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH 18'48'24" EAST FOR A DISTANCE OF 90.47'; 11'14'35" WEST FOR A DISTANCE OF 82.50'; 5'36'22" EAST FOR A DISTANCE OF 49.74'; 2811'22" EAST FOR A DISTANCE OF 46.54'; 43'50'57" EAST FOR A DISTANCE OF 42.95'; 60'29'20" EAST FOR A DISTANCE OF 39.60'; 70'33'33" EAST FOR A DISTANCE OF 56.89'; 48'00'56" EAST FOR A DISTANCE OF 111.56'; 36'55'21" EAST FOR A DISTANCE OF 160.01'; 38'38'23" EAST FOR A DISTANCE OF 1441.00'; 1819'45" EAST FOR A DISTANCE OF 25.67'; 6'49'10" EAST FOR A DISTANCE OF 41.20'; 13'53'40'' WEST FOR A DISTANCE OF 813.73'; 1313'41" WEST FOR A DISTANCE OF 63.64'; 11'08'55" EAST FOR A DISTANCE OF' 43.18'; 16'25'46" EAST FOR A DISTANCE OF 583.16'; 5'51'53" EAST FOR A DISTANCE OF 25.66'; 9'27'04" VEST FOR A DISTANCE OF 167.36'; 11'35'07" WEST FOR A DISTANCE OF 147.72'; 411'57' WEST FOR A DISTANCE OF 55.15'; 20'39'24" EAST FOR A DISTANCE OF 345.92'; 30'45'18" EAST FOR A DISTANCE OF 47.28'; 43'43'39" EAST FOR A DISTANCE OF 509.00'; 8'56'48" EAST FOR A DISTANCE OF 78.28'; 1'55'57" EAST FOR A DISTANCE OF 145.67'; 17'49'20" WEST FOR A DISTANCE OF 166.96'; 15'48'11" WEST FOR A DISTANCE OF 541.41'; 518'26" VEST FOR A DISTANCE OF 1847.85'; 751'22" WEST FOR A DISTANCE OF 273.84'; 914'26" WEST FOR A DISTANCE OF 1132.67; 1'28'57" WEST FOR A DISTANCE OF 214.58'; 213'07" EAST FOR A DISTANCE OF 587.10'; 28'21'42" EAST FOR A DISTANCE OF 526.00': 29'21'38" EAST FOR A DISTANCE OF 683.00'; 0'27'21" WEST FOR A DISTANCE OF 66.74'; 35'34'03" EAST FOR A DISTANCE OF 46.88'; 15'56'19" EAST FOR A DISTANCE OF 50.43'; 9'12'49" WEST FOR A DISTANCE OF 85.41'; 14'15'06" WEST FOR A DISTANCE OF 323.51'; 2'42'21" EAST FOR A DISTANCE OF 140.46'; 7'09'30" EAST FOR A DISTANCE OF 84.59'; 12'21'48" WEST FOR A DISTANCE OF 47.90'; 24'06'25" WEST FOR A DISTANCE OF 41.47'; 311516" WEST FOR A DISTANCE OF 337.91'; 2912'03" WEST FOR A DISTANCE OF 197.25'; (CENTERLINE 2 CONTINUED ON RIGHT-OF-WAY EXHIBIT "B-2", SHEET 3) SURVEYOR STATEMENT, I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, BO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF NOVEMBER 2008 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLD: P.L.S. #27610 NOTE& l) BASIS DF BEARING, GPS OBSERVATION ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SECTION IL T7S R97V AS DEFINED BY HOVIMENTAfIDN SHOWN HEREON. BEARS, 5 1'34'46' W 2) DATE FIELD SURVEY. 11/03,08; DATE LAST FIELD REVIEW 1/30/09. FORERUNNER 12499-A .Elf t 9/ 9.9. xe. 12499.9805894 RIGHT-OF-WAY EXHIBIT 11-2" WITHIN SECTIONS 25, 26, & 35, T6S - R97W & SECTIONS 1,2 & 11. T7S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. CENTERLINE DESCRIPTION (CONTINUED FROM RIGHT-OF-WAY EXHIBIT "B-1", SHEET 2) THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH 23'4t'59" WEST FOR A DISTANCE OF 387.33'; 18'53'01" WEST FOR A DISTANCE OF 105.36'; 14'58'39" WEST FOR A DISTANCE OF 342.30'; 17'04'10" WEST FOR A DISTANCE OF 377.98'; 1718'22" WEST FOR A DISTANCE OF 326.19'; 14'45'54" WEST FOR A DISTANCE OF 140.07'; 11'58'47" WEST FOR A DISTANCE OF 360.53'; 14'57'19' WEST FOR A DISTANCE OF 190.08'; 26'06'59" WEST FOR A DISTANCE OF 66.66'; 37'54'42" WEST FOR A DISTANCE OF 147.02'; 29'06'35" WEST FOR A DISTANCE OF 119.31'; 1818'17" WEST FOR A DISTANCE OF 255.45'; 21'21'20" WEST FOR A DISTANCE OF 299.38 18'59'51" WEST FOR A DISTANCE OF 180,43; 11'22'23" WEST FOR A DISTANCE OF 56.08'; 0'04'42" EAST FOR A DISTANCE OF 42.38'; 14'30'10" EAST FOR A DISTANCE OF 112.91'; 21'19'38" EAST FOR A DISTANCE OF 91.02'; 33'52'33" EAST FOR A DISTANCE OF 60.95'; 45'22'24" EAST FOR A DISTANCE OF 188.77'; 38'00'27" EAST FOR A DISTANCE OF 72.23'; 33'22'33" EAST FOR A DISTANCE OF 119.24'; 45'33'19" EAST FOR A DISTANCE OF 85.66'; 49133'56" EAST FOR A DISTANCE OF 112.14'; 40'32'35" EAST FOR A DISTANCE OF 40.93'; 27'03'15" EAST FOR A DISTANCE OF 53.90'; 7157'32" EAST FOR A DISTANCE DF 56.52'; 2'34'22" WEST FOR A DISTANCE OF 181.13'; 13'29'26" WEST FOR A DISTANCE OF 246.05'; 9'01'37" WEST FOR A DISTANCE OF 370.10; 4'56'10" EAST FOR A DISTANCE OF 105.51'; 9'50'13" EAST FOR A DISTANCE OF 231.07'; MORE OR LESS TO THE "POINT OF TERMINUS"; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 886,736 SQUARE FEET OR 20.4 ACRES MORE OR LESS, HAVING A CENTERUNE LENGTH OF 17,734.7 FEET OR 1,074.8 RODS MORE OR LESS. SURVEYDR STATEMENTi I. GEORGE DLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE DF COLORADO, D O HEREBY STATE THAT A SURVEY OF A TRACT D F LAND AS SHOWN HEREON WAS MADE UNDER NY DIRECT SUPERVISION IN THE MONTH OF NOVEMBER 2006 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. u CGEORCE OLBE P.L.S. #27610 • ,. 11111311$/ ,p0 REGV... La/Ir i °27610 = S-‘,.:. 1. , e� e r"�NRl LAND ;` } %,,iflfflli V. KITES; 11 BASIS OF BEARING; GPS OBSERVATION ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER c SECTION 14 T7S R970 AS DEFINED IT RQHINENTATIGN SHOWN HEREON. BEARS, S 1.34'46' W 2) DATE FIELD SURVEY. 11/03/08; DATE LAST FIELD REVIEW, 1/30/09. ▪ I"."ii•ea-A I -i I^>4FTf V. FORERUHHER M. ' OWL 124991305.804 t RIGHT-OF-WAY EXHIBIT "C" WITHIN SECTION 11, T7S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO PUCKETT LAND CO. (DETAIL REFERENCE SHEET 1 OF 4) DESCRIPTION OF A 25'X100' RIGHT-OF-WAY ANO EASEMENT WITHIN SECTION 11, TOWNSHIP 7 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SAID RIGHT-OF-WAY AND EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A U.S.G.L.O. BRASS MONUMENT AT THE EAST QUARTER (Y4) CORNER OF SAID SECTION 7; THENCE SOUTH 4013'57" WEST FOR A DISTANCE OF 788.04 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF A 50' WIDE RIGHT-OF-WAY AND EASEMENT (SHOWN ANO DESCRIBED IN EXHIBITS A, B-1 AND B-2 ATTACHED), SAID POINT BEING THE "POINT OF BEGINNING" OF SAID 25'X100' RIGHT-OF-WAY AND EASEMENT; THENCE NORTH 76'30'34" WEST FOR A DISTANCE OF 25.00 FEET; THENCE NORTH 13'29'26" EAST FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH 6'30'34" EAST FOR A DISTANCE OF 25.00 FEET TO A POINT SAID WESTERLY RIGHT-OF-WAY UNE; THENCE SOUTH 13'29'26" WEST AND ALONG THE WESTERLY RIGHT-OF-WAY LINE, FOR A DISTANCE OF 100.00 FEET TO THE "POINT OF BEGINNING'; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 2500.0 SQUARE FEET OR 0.057 ACRES MORE OR LESS. 25.00' S76°30'34°E 9-f� TUA NOT TOS, aN o EXCEED 100'X200' 11-1, 1 r 25,00' N76°30'34'W r 'X EXISTING OXY PIPELINE XFENCE LINE 15' WIDE X 18' LONG ACCESS ROAD 30.6' FROM PI TO FENCE 1 FUND - 0. FOUND 2 I/2' BRASS CAP U.S.G.L.O. SURVEY MONUMENT POB POINT OF BEGINNING POC'- POINT OF COMMENCING ROW= RIGHT-OF-WAY TUU TEMPORARY USE AREA SURVEXDg STATEMENT' I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR 114 THE STATE DF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT DF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF NOVEMBER 2000 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE 0LSE P.L.S. #27610 POC E/4 CDR. SEC. 11 T7S-R97W NOTES;. 1) BASIS OF BEARING, GPS OBSERVATION ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER IF SECTION 11, T75 R91W AS DEFINED BY MONUNENTATION SHOWN HEREON. BEARS. 5 1.34'46' W 2) DATE FIELD SURVEY' 11/03/061 DATE LAST FIELD REVIEW 1/30/09. FORERUNNER ."'" I'�IIH4-A a: 14.1 ranr e d . 91rQ. ap, n 12499.1865.804 F3 REC. WEST 40.00 q4, MEAS. N 882013' W 2640.6 1 MEAS. 1142.8 1 REC. 16.97 CH. V2. 1 LOT 8 LOT 4 LOT 5 RIGHT-OF-WAY EXHIBIT WITHIN SECTION 6. T65. R96W GARFIELD COUNTY. COLORADO 352 MEAS. N 8820'23' W 2638.5 / MEAS. N 881930"_W 2638.4 REC. WEST 40.00 CH. REC. WEST i MEAS. 1627.8 / I REC. 25.00 CH, WEST 81.97 CH. I LOT 1 1 1 LOT 2 17E N 06'13'14" E / I 1487.91 to 0.0 , r - - -I' REN 02'30'05' E REC. LOT 3 i / I 1458.61LtoOT BC 1 E.O.L. STA. 61+92.0 /1 PROPOSED 100'x100' LOT 6 / I LOT 7 LAUNCHER SITE AI ESs POINT 1 'SSHEET 3 // 1 STA. 80+92,00 CHANGE 1N PERMANENT ROW 180TH, i { ENO CONSTRUCTION ROW W I I Chevron i- 1 �•-f 'Shale-, Oil Co. lyr'\ LOT 9 0LOT 12 i.I / LOT 11 ACCESSPOINT 21 LOTT 10 1 / SEE SHEET 3 . ''' l y 1 7rQ I/ ACCESS POINT 3 ' _ , '�' Shale On Co.. T7E N 01 4010' E `s-+ 3965.90 to CC 1 STA. 0400 LOT16 1) - fS 1- Vi N La 17,1g r LOT 13--- f'-5EE SHEET 3 SEE ROW OE All. 41 �, 115 S 0140'10' W / I f 608.31 / L L9 LL0714 \ C)S) %) LOT 15 1 1 � I / / / . ' Chevron; ,/ Sl?ale 011 Cr.. . ._. - - --- --- - -- --- --- I -- bEICAlL o TYPICAL 1NY ISCALE f too' uOR R9w_..-. I c )DGE v4'.CONSIR . i � N z d _a EO@�-3�� .F?ERMAN€�T-RO . _ . -o- _ ., L.._... _N pNPEANENT ROW I----'� o E� N Ip LIN I I MEAS 5 882239' E 2641.80 MEAS. 1464.1 MEAS. 1177.7 Tar REG 2218 CFA REC. 17.82 CW. REC. EAST 40.00 CH, 75' Conntructlon Right-of-way width Total distance along Centerline 6003rD Total rode along centerline 369„71 Total oras of Right-Of-Woy10.4Z Acres 30' Con lruatlan Right-of-way wldih Total distance along Centerline 8092.08' Total rods along centerline 369.91 Total area at Right-0f-Way1.22 Acne * Apparent recorded ownership: Chevron Shote 011 Co. 100' Permanent Right-of-way width Total distance along Centerline 1010-010' Total rods along centsrllns £.06 Total area of Right -Of -Way -23 Acres Apparent recorded ownership: Chevron Shall 011 Ca. Note: Basis of bearings are grid bearings based from OPS observations. Horizontal Datum based on Colorado State Plane Coordinate System Central Zone MAD 83. -SEAL ' 16 17 19 L0T9 cc ct IA41 TIE S 0110'54' 0 L13-1 -- -2341.57- -- - 12 I TIE 5 0111'41" W 2383.51 LOT16 Chevron Shale ` l Co. LOT17 REC. FAST 41.94 04. 8 LOT18 w�° LOT 4' / _ V,0O.r-r�� 1wa ci NR.') LOT 5 s _ oz 29 W LOT 12 LOT21 01 cs Lon Mn s8g-- tsi LOT 23 Cc fro0 IQ" LINE TABLE N0. BEARING 01sT. DEFLECTION N0. 8£AR0NC 01ST. DEFLECTION LI N 52'22'47' E 91.00 24'02'43' Right L13 N 44'0557' E 133.40 9'58'07" Right L2 N 767530" E 162.00 517'38' Right L14 N 54'04'04" 0 48.00 12'03'02" Left 13 N 81'43'09" E 68420 4'28'47' Right L15 N 42'01'03' E 233.70 132'0t Left L4 N 861/56" E 515.20 135'41" Right 116 N 4079'01` 0 135.90 455'23' Right 15 N 874737' 0 294.30 5100'52' Left 117 N 4524'25' £ 389.40 2'43'21' Right 16 N 8246'45" 0 419.50 394'39" Left 1.18 N 48'07'46" E 350.50 542'57" Right 17 N 793g06' E 541.50 230'00' Right Lf9 N 53'50'43"E 69.40 055'00' Right 1.8 N 82171'06" E 165.80 6'58'01" Left L20 N 54'45'43.E 262.00 474'28' Left L9 N 7304'05' 0 26090 8108'34' Left L21 N 50'2115' E 453.10 517813' Right 110 N 6455'31" E 86.30 2'44'57' Left L22 N 5879'26' E 153.80 8'39'40' Right L11 N 8210'35' 0 136.50 1174'47' Left L23 N 67739'08" 0 157.80 1010'43' Right 112 N 50'45'46' E 289.38 _6'39'51' Len 1.24 N 7719'51' E 142.00 LEGEND ROW CENTER UNE - --- EDGE PERMANENT R08 EDGE CONSTRUCTION 9091 EXISTING PIPELINE - - • EXISTING ROADS 5) FOUND GL0 SURVEY UARICER O MONUMENT 1407 FOUND OR SEARCHED SURVEYOR'S_CERTIFICATE !, W11L1AM N. DOLINAR stale that 1 am by occupation a registered land surveyor employed by Enterprise Field S*rvtees LLC., 08 maks the survey of RNs right of' way es shown on this map. and !hal the survey of sold works was mods by personnel ander my direction, and that such survey 1s accurately represented on MIs map. ENTERPRISE/SECTION 6 PLIT/OECTION6 PIAT.Ow0" See sheet 2 of 2 for legal description WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 660 Mol 980080 ROHM 880118 907-675-9096 01t5HN 0011+AR 91' sirewhemithee.rom 907-876-9685 R1GI-lT-OF-WAY PLAT SECTION 6, T6S, R96W, OAREIELD CO., COLORADO ENTERPRISE FIELD SERVICES LLC DRAWN BY: CED ICHECKEp 8Y: 0840 SCALE; 8071:'0 0A1E• 05/19/20091308 810: 26099 SHEET 1 OF 3 RIGHT—Or—WAY DESCRIPTION A strip of fond for the purpose of a permanent 30' and 100' pipeline right—of—way as well as a 75' construction right—of—way located In Section 6, T 6 5, R 96 W of the 6th Principal Meridian, Garfield Courtly, Colorado. Sold right—of—way being in multiple lengths described as follows: Beginning at a point at Sta. 0+00.0 being the beginning of 30' permanent right—of—way, 15' on each side of described line, also being the beginning of 75' construction right--of—way where as 60' being on the most Northerly side of described line and 15' being on the Southerly side of described line, said point being located on the Township line between Section 1, 185, 897W and Section 6, 185, R96W, from which the Northwest corner of sold Section 6, being the original resurveyed USGLO Closing Corner brass cap. bears N 01'40'10" E, 3965.90 fest and the West 1/4 corner of said section 6, being the original resurveyed USGLO brass cap, bears 5 01'40'10" W 608.31 feel; thence: N 52'22'47" E, 91.00 feet to a point at (Sta. 0+91.00); thence: N 76'25'30" 5, 162.50 feet to a point al (Sia. 2+53.50); thence: N 81'43'09" E; 664.20 feel to a point at (Sta. 9+17.70); thence: N 86'11'56" E, 515.20 feet to a paint at (Sta. 14+32.90); thence; N 87'47'37" E. 294.30 feet to a point al (Sta. 17+27.20); thence: N 82'46'45" E, 419.50 feet to a point al (Slo. 21+46.70); thence: N 79'32'06" 5, 541.50 fest to a point at (Sta. 26+88.20); thence: N 82'02'06" E, 165.80 feet to a point at (Sta. 28+54.00); thence: N 73'04'05" 5, 266.90 feet to a point of (Sta. 31+20.90); thence: N 64'55'31" E, 86.30 feet to a paint at (Sta. 32+07,20); thence: Al 62'W'35" E, 136.50 feet to a point at (Sia. 33+43.70); thence: N 50'45'48" £ 289.30 feel to a point at (Sia. 36+33.00); thence: N 44'05'57" E, 133.40 feel to a point at (5Ya. 37+66.40); thence: N 54'04'04" 5, 48.00 feet to a point at (Sta. 38+14.40); Thence: N 42'01'03" 6 233.70 feet to a point al (Sta. 40+48.10); thence: N 40'29'01" E, 135.90 feet to a point at (Sia. 41+84,00); thence: N 4524'25" E; 399.40 feet to a point at (Sta. 45+83.40); !hence: N 48'07'46" 5, 350.50 feet to a paint at (Sta. 49+33.90); thence: N 53'50'43" E, 89.40 feel to a point at (Sta. 50+23.30); thence: N 54'45'43" 5, 262.00 feet to point at (51a. 52+85.30); thence: N 50'21'15" 5, 453.10 feel to a point at (Sia. 57+38.4); thence: N 58'2928' E, 153.80 feel to a point al (Sta. 58+92.20); thence: N 67'09'08" E, 157.80 feet to a point at (Sta. 60+50.00); thence: N 77'19'51" E, 42.00 feet to a point at (Sia. 60+92.00); at a point being the end of 75' construction right—of—way and 30' permanent right—of—way, from which the Northeast corner of said Section 6, being the original resurveyed USGLO Closing Comer brass cap, bears N 06'13'14" E, 1487.91 feet and the West 1/4 comer of Section 5, r6S, R96W, being the original resurveyed USGLO brass cap, bears 5 01'1054" E 2341.57 feet. said point also being the beginning of 100' permanent right—of—way, 50' on each side of line. thence: N 77'19'51" E; 100.00 feel to a point at (Sta. 61+92.00); said point also being fhe end of line In said Section 6, from which the Northeast comer of sold Section 6, being the original resurveyed USGLO Closing Comer brass cap, bears N 02'3005" E, 1458,61 feet and the West 1/4 corner of Section 5, 165, R96W, being the original resurveyed USGLO brass cap, bears S 01'11'41" W 2363,51 feet Sold 30' permanent right—of—way is 6092.0 feel In length, or 369.21 rods, and contains 4.20 acres I. Said 75' construction right—of—way Is 6092.0 feet In length, or 369.21 rods, and contains 10.47 acres t. Said 100' permanent right—of—way Is 100 feel In length, or 6.06 rods, and contains .23 acres .£ Basis of bearings are grid bearings based from GPS observations. Horizontal Datum based on Colorado State Plane Coordinate System Central Zone NAD 83. WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 660 5.43? ssmRD NORM MIME 907-879-3996 GREW RIM 7? m rismlthperom e07-676-9699 RIGHT-OF-WAY LEGAL DESC. SECTION 6, T65, R96W, GARFIELD CO., COLORADO ENTERPRISE FIELD SERVICES LLC DRAWN BY: CED CHECKED 8r ?MD SCALE: N/A ENTE0PR15E/SECnON 5 PIAT/SECTIONS PIATAWC DATE. 05/19/2009 1 JOB Na 26099 SHEET 2 OF 3 gimammeazi 1 wrcozmwm moivf 7 ENTERPRISE/SECTION 6 PLAT/SECTIONS PLAT.SWG --------- ..-..-. MENIEliWkNalent MITEVEETratttrii, -------- -79.60WAAWN,w WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS! 650 KM' SECOND NORTH PHONE 207-875-63e OMEN MM. Tr ,61,6,661mIthpmeent 507-875-3639 TEMPEMPORARY USE AREAS SECTION 6, T6S, R96W, GARFIELD CO., COLORADO ENTERPRISE FIELO SERVICES LLC DRAM BY: CEO CHECKED Eir WHO SCALE N/A DATE 05/19/2009 J013 No: 26089 SHEET 3 OF 3 4 N EXHIBIT "A" 30' PERMANENT RIGHT-OF-WAY & EASEMENT. CHEVRON U.S.A., INC. SOUTH HALF OF SECTION I, T6S - R97W. 6TH P.M. GARFIELD COUNTY, COLORADO 0 200 II. ' 1000 9. Colorado Stale Plana Central Zone, HA083 T5S - R96W SEC. 33 S89'38'16"E 5,246.5' T5S - R96W SEC. 34 SEC. 2 NO1'41'56"E 6,916 RICHARD PRATHER NW COR SEC 1 THOMAS LATHAM / BERRY PETROLEUM SEC. 1 EXIST. EPCO PIPELINE NE COR SEC 1 CA OF PROPOSED 10" PIPELINE-. S8818'04'E, 127.9' "POINT OF BEGINNING" 100'x25' TUA N01'41'56"E 274.6' SEC. II RECEIVER LOCATION 100'x50' SW COR SEC 1 'POINT OF COMMENCMENT" "POINT OF TERMINUS" CHEVRON U.S.A.. INC. PARCEL 2169-122-00-012 SEC. 12 FOUND BRASS CAP, SURVEY MONUMENT, DATED 1917 (3" AT NE CORNER SEC. 1) SEE ATTACHED RIGHT OF WAY DESCRIPTICN WHICH BY THIS REFERENCE 15 TRADE HEREOF. SURVEYOR'S STATEMENT: 1, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. /-100.x25'TUA i 1 �r /�li / I 1:0,42CGMSMIELM aPLHMAG- DETAIL• TYPICAL ROW 692x30'TUA 41 N,. A)_;. ., - .0 -.v -l'• . • 27810 GEORGE OLBERL%[,,4"-09 , `ti L. P,S. #27610 .o?,s w Z.6? /0 O ? ma0 0 ,% 1/4 COR SEC 1 SEC. 6 33 n o O. ix en cn SEC. 7 1-- 1 - NOTE 1) 90510 OF BEARING CPS OBSERVATION ALONG THE HEST TINE OF SAID SECTION 1 AS DEFINED BY MONUMENTATION SHOWN HEREON. BEARS: N01'41'56"E 2) DATE FIELD SURVEY: 5/27/09 3) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH TO DETERMINE OWNERSHIP OR EASEMENTS Cf RECORD. NO TITLE COMMITMENT WAS FURNISHED IN 1HE PREPARATION OF THIS SURVEY. 4) SEE PAGE 2 OF 2 FOR EASEMENT DESCRIPTION. NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1RTHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN N0 EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THIS CERTIFICATION SHOWN HEREON. WWI 1209-e "•'a Try", ",IMP -nm -n FORERUNNER uaw 1241•90011.8.11-801 EXHIBIT "B" 30' PERMANENT RIGHT-OF-WAY 6 EASEMENT, CHEVRON U.S.A., INC. SOUTH HALF OF SECTION I, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO 30' WOE PERMANENT RIGHT-OF-WAY AND EASEMENT A 30' W,OE RIGHT-OF-WAY AND EASEMENT LYING WITHIN THE SOUTH HALF OF SECTION 1, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPLE MERIDIAN, GARFIELD COUNTY, COLORADO, SMD EASEMENT BEING MORE PARTICULARLY DESCRIBED BY CENTERUNE AS FOLLOWS: COMMENCING AT A BRASS U.S.G.LO. SURVEY MONUMENT LOCATED AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE NORTH 01'41'56" EAST ALONG THE WESTERLY UNE OF SECTION 1, FOR A DISTANCE OF 274.6 FEET THENCE SOUTH 8818'04- EAST AND PERPENDICULAR TO SAID WESTERLY UNE, FOR A DISTANCE OF 127.9 FEET TO THE "POINT Cr BEGINNING' OF SAID CENTERUNE; THENCE SIXTH 6617'13" EAST FOR A DISTANCE OF 1,059.99 FEET, THENCE SOUTH 28'4717° EAST FOR A DISTANCE OF 68.25 FEET, THENCE 500TH 405834° EAST FOR A DISTANCE OF 99.76 FEET. THENCE SOUTH 8110'10" EAST FOR A DISTANCE OF 77.06 FEET, THENCE NORTH 85'56'57' EAST FOR A DISTANCE OF 84.12 FEET, THENCE NORTH 78'50'10" EAST FOR A DISTANCE OF 119.44 FEET. THENCE NORTH 74'23'32" EAST FOR A O]STANCE OF 615.35 FEET. THENCE NORTH 70'38'51' EAST FOR A DISTANCE OF 156.71 FEET. THENCE No R1H 80'55'02' EAST FOR A DISTANCE OF 88.20 FEET, THENCE NORTH 6817'08" EAST FORA DISTANCE OF 139.70 FEET, THENCE NORTH 66'20'09' EAST FOR A DISTANCE OF 32.40 FEET, THENCE NORTH 5916'31° EAST FOR A DISTANCE OF 45.40 FEET THENCE NORTH 46'40'08- EAST FOR A DISTANCE OF 37.10 FEET, THENCE NORTH 42'59'58` EAST FOR A DISTANCE OF 64.30 FEET, THENCE NORM 40'28'18' EAST FOR A DISTANCE OF 77.30 FEET, THENCE NORM 3922'20' EAST FOR A DISTANCE OF 56.60 FEET, THENCE N0R111 37'31'37" EAST FOR A INSTANCE OF 20.40 FEET, THENCE NORTH 2438'10" EAST FOR A DISTANCE OF 74.50 FEET, THENCE NORTH 2747'37' EAST FOR A DISTANCE Cr 128.87 FEET, THENCE NORTH 2055'51" EAST FOR A DISTANCE OF 330.42 FEET, THENCE NORTH 16'52'45° EAST FENT A DISTANCE OF 56.97 FEET, THENCE NORTH 29'00'32" EAST FOR A DISTANCE OF 166.74 FEET, THENCE NORTH 3834'49' EAST FOR A DISTANCE OF 68.97 FEET, THENCE NORTH 46'30'04" EAST FOR A DISTANCE OF 106.01 FEET, THENCE NORTH 54'35'42' EAST FOR A DISTANCE OF 364.60 FEET, THENCE NORTH 50'02'08' EAST FOR A DISTANCE OF 380.55 FEET, THENCE NO511-1 54'06'30' EAST FOR A DISTANCE OF 94.30 FEET, THENCE NORTH 66'59'19' EAST FOR A DISTANCE OF 52.97 FEET, THENCE NORTH 80'36'15" EAST FOR A DISTANCE OF 161.10 FEET, THENCE NORM 88'02'15" EAST FOR A DISTANCE OF 657.24 FEET, THENCE SOUTH 84'50'42" EAST FOR A DISTANCE OF 70.37 FEET, THENCE NORTH 84'52'46' EA5T FOR A DISTANCE OF 137.15 FEET, THENCE NORM 75'26'26" EAST FUR A DISTANCE DF 27.93 FEET, THENCE NORTH 33'23'47' EAST FOR A DISTANCE OF 26.88 FEET, THENCE NORTH 16'48'58" EAST FOR A DISTANCE OF 217.41 FEET, THENCE NORTH 17'32'36" EAST FOR A DISTANCE OF 603.38 FEET, THENCE NORTH 19'31'09' EAST FOR A DISTANCE OF 794.32 FEET. THENCE NORTH 3645'18' EAST FOR A DISTANCE OF 75.67 FEET, THENCE NORTH 52'22'44" EAST FOR A DISTANCE OF 2.78 FEET. MORE OR LESS, 70 A POINT ON THE EASTERLY LINE OF SEC110N1, SAID POINT DEYNG THE 'POINT OF TERMINUS". THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 205,8912 SQUARE FEET 0R 4.727 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 6563.79 FET OR 415.99 RODS MORE 0R LESS. BASIS OF BEARING FOR THE ABOVE DESCRIBED RIGHT--OF--WAY AND EASEMENT IS NORTH 01'41'56' EAST ALONG THE WESTERLY UNE OF SAID SEC1ON I. SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESS#ONAL LAND SURVEYOR IN THE STATE OF COLORADO, 00 HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLBERT- P.L.S. #27610 j� �'`-Bf/,A�' Hatt&Dewts 6.226-10,32,".>._ !`.::;,:;t1:'":"' -'- "`saw ,¢wo-' MS, �. ' .., I-7'" I +2485-11362-1101 H 'ia i „e1 10.4..)1.0. Nkt i 6'! 7 a s— 4�� irk M�1C. ' 1451 GAM cellar° 1038 Couwry Rd 323 a . RiUE, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Pian Review for Right -of -Way Application Submittal Item Tab 3- Project Overview 9-104 (B) Mr. Fred Jarman Director Garfield County Building and Planning Department 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Dear Mr. Jarman, Please consider this binder our application for a Development Plan Review for Right -of - Way for the Enterprise Gas Processing, LLC- Jackrabbit Extension and Laterals project. Project Overview Enterprise Gas Processing, LLC, (Enterprise), being a subsidiary of Enterprise Products Partners, LP has prepared the attached materials with the intent to receive permits necessary to construct the Jackrabbit Extension and Laterals project. The purpose of this project is to construct additional gathering system pipelines that will allow for new natural gas wells to be connected to this system. This extension and laterals will connect to the existing EPCO- Marathon Gathering System project that was permitted by Garfield County in December 2008. The pipeline is being proposed to provide safe, reliable and cost effective transportation of natural gas produced in the area. Page 1 of 5 Proiect Description The project is a proposed pipeline project consisting of approximately 7.4 miles of new 10 -inch diameter and 2.1 miles of new 20 -inch diameter, 500 psig, natural gas pipeline within Garfield County, Colorado. The proposed Jackrabbit Gathering System is the culmination of a natural gas gathering system by Enterprise Gas processing, LLC, which is intended to gather natural gas production from Marathon Oil Company. This project builds upon the previously permitted Marathon Gathering Project and Jackrabbit Compressor Station, which will deliver natural gas to processing facilities and market for sale. The pipeline project consists of the following pipelines (500 psig MAOP): • 2.1 mile 20" mainline extension • 4.8 mile 10" Haystack lateral • 2.6 mile 10" Garden Gulch lateral The new and extended pipelines will connect new and anticipated Marathon Oil Company gas wells to the Jackrabbit Compressor Station, which compresses gas to a nearly of 1400 psig. Above ground improvements proposed as part of this project will consist of the following: • (3) 10" pig launchers • (3) 10" pig receivers • (1) 20" pig launcher Construction of the pipelines will primarily consist of conventional trench and bury installation methods. We have also identified a 7 acre office and yard site in Una and a 21.154 acre pipe yard on Highway 6 & 24 for staging areas. Both of these yards have been previously permitted by Garfield County for the Enterprise- Marathon Gathering System project. Pipeline right-of-way Length and Widths — The total project right-of-way length is approximately 9.5 miles located on fee lands. The construction and permanent right-of-way varies throughout the project length. The minimum construction right-of-way on the project is 75 feet in width. The minimum permanent easement on the project is 25 feet in width. Please see alignment sheets in Tab 2, specifically the "Easement" band. As per the Garfield County Unified Land Use Resolution of 2008 Section 9-102, "Development Plan Review for Pipeline Right -of -Way", Enterprise is required to apply Page 2 of 5 for a Development Plan Review for Right -of -Way because the proposed pipeline is "greater than 12" in diameter and over 2 miles in length". We have located the new pipeline largely, in existing, disturbed right-of-way to limit surface disturbance to previously disturbed areas. The design and construction of the pipeline system will be in accordance with applicable regulations, recognized industry codes and the normal and customary practice for these type of facilities. These regulations and codes include the latest accepted editions of 49 CFR 192 Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards and ASME B31.8 Gas Transmission and Distribution Piping Systems. The pig launchers and receivers will be designed in accordance with Section VIII of the ASME Boiler and Pressure Vessel Code. We have also identified a 7 acre office and yard site in Una and a 21.154 acre pipe yard on Highway 6 & 24 for staging areas. We are utilizing these existing staging areas, in an effort of adaptive re -use, for the Logan Wash 16" Pipeline project. Materials are included with the respective sections of the application that detail these 2 areas. Pre -Application Conference A pre -application conference was held on May 20, 2009 with Dusty Dunbar- Garfield County Senior Planner III and Steve Anthony- Garfield County Vegetation Manager to discuss the project. Please find attached a copy of the pre -application form prepared by Ms. Dunbar. Please note that during our pre -application conference, the project also consisted of a 4.2 mile, 10" diameter line called the Cascade Lateral. This lateral is currently not ready for inclusion into this permit application. However, in order to reduce future surface disturbance and excavating near in-service natural gas lines, we are requesting approval to install a 10" diameter line, capped at both ends adjacent to the 10" Haystack Lateral from Station 209+92.2 to Station 234+42.6. Markers will be installed to locate these endpoints for future connection. Page 3 of 5 Maximum operating pressure, pipe material specifications, basic construction requirements and other such design factors for the project are listed below. Pipeline Specifications Design maximum operating pressure: Normal operating pressure: 500 psig 200-250 psig Design Factor = 0.72 (Includes induction bends) Line Pipe 20" OD x 0.375" WT x API -5L X-60 10.75" OD x 0.188" WT x API -5L X-52 Induction Bends 20" OD x 0.375" WT x API -5L X-65 10.75" OD x 0.250" WT x API -5L X-52 Design Factor = 0.60 (Launcher and receiver sites) 20" OD x 0.375" WT x API -5L GR B 20" OD x 0.375" WT x API -5L X-52 10.75" OD x 0.365" WT x API -5L GR B 10.75" OD x 0.250" WT x API -5L X-52 Valve and flange rating: ANSI Class 300 Pipe coating, typical installation: 14-16 mil thick film -fusion bonded epoxy Factory applied (FBE) Pipe coating, fabricated assembly installation: Bare metal pipe provided for fabrication. Below grade installation primer coated and tape wrapped. Above grade installation spray painted with epoxy based paint protective coating. Minimum pipe cover in trench: 4'-0" for general areas 4'-0" for road and creek crossings Trench dimensions: Width: Pipe OD + 1'6" minimum Pipe OD + 3'-0" maximum Depth: Min Cover + Pipe OD + 0'-6" Note: for trenches greater that 5'-O" total depth, conditions shall be inspected by a qualified person and appropriate slope stability measures implemented as required for safety. This may include sloping, shoring and bracing trench walls as directed by the qualified person. Pipeline product: Field grade semi -wet natural gas, flammable, non-toxic. Operating temperature: Nominal 60° F, Typical range 40° F to 120° F Maximum design temperature coatings 120°F Maximum design temperature for the pipeline system is 120°F Page 4 of 5 Thank you for your assistance on this project. Please contact me with any questions. Sincerely Philip B. Vaughan President PVCMI-Land Planning Division Page 5 of 5 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www..qarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PROJECT: EPCO Jackrabbit extension/ Laterals Pipeline TYPE OF APPLICATION: Pipeline Development Plan OWNER: Enterprise Pipeline Company REPRESENTATIVE: Phil Vaughan 625-5350 DATE: 6/6/09 PRACTICAL LOCATION: Garden Gulch off CR 215 Parcells): 20" Trunk: Sections 13, 23, 24, Township 6 South, Range 97 West Cascade Lateral: Sections 21, 22, 23, 28, Township 6 South, Range 97 West. Haystack Lateral: Sections 1, 2, 11, Township 7 South, Range 97 West and Sections 23, 25, 26, 35 of Township 6 South, Range 97 West. Garden Gulch Lateral: Section 6 Township 6 South, Range 96 West and Section 1 of Township 6 South, Range 97 West I. GENERAL PROJECT DESCRIPTION A pipeline for the transfer of natural gas is desired by the Applicant. It is to be installed in an existing corridor (that includes the TransColorado Pipeline) to minimize disturbance across private lands owned by Puckett Land Co., OXY USA, Inc. and Chevron USA, Inc. Parcels that are private /corporate ownership: Chevron USA, Inc. 216912200012 85 217118200008 Oxy WTP USA, Inc. 216921400026 Puckett Land Company 241101300001 2 parcels are proposed as staging areas: • 21.154 acre Staging Area- Parcel #2447 -064 -00 -057 - Specialty Restaurants Corp 80PCT , Stockton Restaurant 20PCT 8191 E Kaiser- Blvd, Anaheim, CA 92808-2214 • 7 acre staging area- Parcel #2409 -324 -00 -138 - Specialty Restaurants Corp 80PCT, Stockton Restaurant 20PCT 8191 E Kaiser Blvd, Anaheim, CA 92808-2214 The zoning is Resource Lands (on private parcels) and Open Space on adjacent parcels that are under Federal ownership, Access to the site is available off the Garden Gulch Road on the east. All travel includes use of CR 215 from Parachute. There is very limited human habitation in the area. The nearest residence is several miles away, on the valley floor off CR 215. Pending approval, the project is slated to begin in August and be concluded in about 4 months. This construction timeframe is compatible with wildlife activities in the area, and there are no restrictions apparent for sensitive animal species (no active raptor nests, fawning/calving areas, winter range, etc.) No habitation or occupation is proposed on the site; no sanitation system or water is required. Activities are to be conducted to minimize adverse interaction with wildlife, including trash/waste management, limiting disturbance of the riparian area and limiting the use of fresh water. The project includes construction of three (3) pipeline laterals (Cascade, Haystack, Garden Gulch), an extension of the Marathon Trunk pipeline, and the Southern Pigging Facility where the southern lateral meets the suction trunk line. Details: • The Marathon trunk pipeline is 20" in diameter and 2.1 miles in length. • Cascade Lateral pipeline is 10" in diameter and 4.2 miles in length. • Haystack Lateral pipeline is 10" in diameter and 4.8 miles in length. • Garden Gulch Lateral pipeline is 10" in diameter and 2.6 miles in length. It is outside areas mapped for standard FEMA flood plain maps, but involves some riparian area. The pipeline path has been re-routed to avoid a spring near a line camp cabin. The primary impact is construction. Standard requirements from GarCo Road and Bridge regarding oversize vehicle permits shall apply, as will the requirements from GarCo Vegetation Management. Maps that depict site specific information (raptor nests, sensitive plant species locations, noxious weed locations, etc.) need to be of sufficient size that marking are scaled properly and easy to interpret. II, REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) Garfield County Unified Land Use Resolution: Article IX (Pipelines). III. PROCESS In summary, the process will be the following: 1. Pre -application mtg 2. Submittal, Review by Staff for `technical completeness' 3. Notice (TC) to applicant, schedule, Applicant submits referral copies 4. Materials sent to referral agencies- 30 day review for this PDP application 5. Staff prepares Notice of Determination, sends report and referral comments to Applicant 6. BOCC 'call up' period- 14 days 7. Permit issued with conditions by the Planning Director IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: none unless subjected by BOCC 'call up' c. Referral Agencies: GarCo Road and Bridge GarCo Vegetation Management Grand Valley Fire Protection District GarCo Planning Project Engineer Surface Owners Army Corps of Engineers V. PDP APPLICATION REVIEW FEES a. Planning Review Fees: b, Referral Agency Fees: c. Total Deposit: GarCo Attorney GarCo Public Health Dept. GarCo Oil & Gas Liaison Municipality: Parachute Colorado Division of Wildlife $400 $ $_400 (additional hours billed : $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: sty Dunbar, MCP Date 6/29/09 Ill 1' Ih C015TR 'CP -1101 MAWI4IENT, , 1038 Cowry Rd 323 Rifle, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Pian Review for Right -of -Way Application Submittal Item Tab 4- Diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility or area to be disturbed. 9-104 (C) There are no buildings within 350 feet of the proposed pipeline. Please see details on the attached drawings in tab 2- Vicinity Map 9-104(A). A. 12499-1800-310 "Jackrabbit Extension and Laterals- 200'1350' Impact Envelopes with Surface Ownership -Garfield County Colorado". B. 12499-1800-751- 2007350' Impact Envelopes Drawing Index Map Important Note: Please note that the 10" Cascade Lateral pipeline is not being permitted within this application. C. 12499-1802-751- 10" Garden Gulch Lateral Pipeline- 200'1350' Impact Envelopes with Surface Ownership. D. 12499-1805-751- 10" Haystack Lateral Pipeline- 200'/350' Impact Envelopes with Surface Ownership. E. 12499-1807-751- 20" Suction Trunk Line Ext.- 200'/350' Impact Envelopes with Surface Ownership. Thank you for your assistance on this project. Please contact me with any questions. incerely��---� hilip 3. Vaughan President PVCMI-Land Planning Division Page 1 of 1 Enterprise Gas Processing. LLC Jackrabbit Extension and Laterals- Development Plan .Review for Right -of -Way Application Submittal Item Tab 5- Evidence of surface owner notification and of surface agreements 9-104 (D) Agreements: Jackrabbit Extension and Laterals 1. Pipeline easement agreement- Chevron USA, Inc./Enterprise Gas Processing, LLC, Section 13, T6S. 1297W of the 6th P.M. dated May 1, 2009. 2. Chevron USA. Inc. Power of Attorney 3. Pipeline casement agreement- Chevron USA. Inc./Enterprise Gas Processing. LLC, Sections 1 and 6, T6S, R97W of the 6th P.M. dated June 10, 2009. 4, Pipeline easement agreement- Puckett Land Company/! merprise Gas Processing. LLC, dated July 1, 2009. 5. Puckett Land Company Statement of Authority Staging Area 1. Property Lease Agreement dated April 30. 2008 between Specialty Restaurants Corporation and Stockton Restaurant Corporation and EtiCana Oil & Gas (USA), Inc. for a 7 acre office and yard site located in the NE1/4 NE1/4 of Section 33. Township 7 South. Range 96 West of the 6h P.M. - Garfield County Assessor Parcel Number 2409-324-00-138. 2. Property Lease Agreement dated April 30, 2008 between Specialty. Restaurants Corporation and Stockton Restaurant Corporation and EnCana Oil Page 1 of 4 & Gas (USA), Inc. for a 21.154 acre Pipe yard located in Sections 5 and 6. Township 8 South, Range 96 West of the 6th P.M. Garfield County Assessor Parcel plumber 2447-064.00-057. 3, Assignment, Conveyance and Bill of Sale between EnCttna Oil & Gas (USA), Inc. and Enterprise Gas Processing, LLC dated 7/21/08. This agreement, in part, transfers leases of the above noted Surging Areas to Enterprise Gas Processing, LLC frorn.EnCana Oil & Gas (USA), Inc. Please sec Exhibit A- Pap 14- "Local Permits" 1- Garfield County Administrative Permit and Exhibit 13- Section 1I- "Other Agreements-- ments"- Leases #4 and #6 are the Specialty Restaurants/EnCana Leases attached above. 4. December 1 1, 2008 Specialty Restaurants Corporacion Acknowledgement of assignment of the 7 acre and 21.154 acre leases from EnCana Oil and Gas (USA), Inc. to Enterprise.Gas Processing, 5. Extension of lease agreement between Specialty Restaurants Corporation to Enterprise for both the 7 acre and 21.154 acre leases dated January. 12, 2009. 6. Extension of lease agreement between Specialty Restaurants Corporation to Enterprise for the 7 acre lease dated 5/27103. 7. Specialty. Restaurants Statement of Authority 8. Specialty Restaurants letter noting the ability for Entcrprisc to conduct reclamation activities on the 7 and 21.154 acre staging areas. These agreements cover all of the easements and right-of-way necessary for installation and maintenance of the pipeline and associated staging areas. Page 2 of 4 Proof of Ownership: In order to comply with recent requests by the Garfield County Attorney's office and his concerns regarding the accuracy of the Garfield County Assessor's records, we have prepared Title Commitments for each of the subject properties that the Marathon Gathering System and the Jackrabbit Compressor Station will be constntcled upon. Please find attached the following title commitments: 1. Chevron, USA Inc.- Y.O. Box 285 Houston, TX 77001. 20" Tru tkline Extension. Garfield County Assessor's Parcel Number: 2169-122-00.012. Commonwealth Title of Garfield County, Inc. Tile Number 0901138 20" extension with an effective date of December 19, 2008. 2. Chevron, USA inc.- P.O. Box 285 Houston. TX 77001. Garden Gulch Lateral. Garfield County Assessor's Parcel Number: 2171-182-00-008.. Commonwealth Title of Garfield. County, inc. File Number 09050.91 Chevron with a effective date of May 1, 2009, 3. Puckett Land Company -5460 S.Quebm St. Ste 250 Greenwood Village, CO 80111- 1917, 20" Trunkiine Extemion. Garfield County. Assessor's Parcel Number. 2411-013-00-001. Commonwealth Title of Garfield County. Inc. File Number 0902057 with an effective date of January 30. 2009. 4. Puckett Land Company- 5460 S Quer St. Ste 250 Greenwood Village, CO 80111- 1917. Haystack and Cascade Laterals. Seaions 23, 25, 26, 35, 36 of T6S, R971V. Garfield County Assessor's Parcel Number: 2411-013-00-001. Commonwealth Title of Garfield County. inc. File Number 0904097Haystackwith an effective date of April 15, 2009. 5. Puckett Land Company- 5460 S Quebec St. Ste 25.0 Greenwood Village, CO 80111- 1917. Haystack Lateral. Sections 1,2 and 11 of T n, R97WV. Garfield County Assessor's Parcel Number: 2411-0.13-OO.001 Commonwealth Title of Garfield County, Inc, File Number 090021131-Iaystck with an. effective dale of February 6, 2009. 7: Specialty Restaurants Corp 80 PCT Stockton Restaurant Corp 20 PCT 8191 East Kaiser Blvd Anaheim, CA 92808-2214 Garfield County Assessor's Parcel Number: 2409-324-00-138. Commonwealth Title of Garfield County. Inc. File Number 0905025 Logan with an effective date of April 22, 2009. Page 3 of 4 8. Specialty Restaurants Corp 80 PCT Stockton Restaurant Corp 20 PCT 8191 East Kaiser T3.ivd Anaheim, CA 92808-2214 Garfield County Assessor's• Parcel Number: 2447-064-00-057. Commonwealth Title of Garfield County, Inc. File Number 0905025 Logan with an effective date of April 22. 2009. As per our pre -application meeting with Dusty Dunbar- Garfield County Senior Planner 111 and previous County interpretation, we have provided surface ownership information for the pipeline and have not provided mineral ownership information. Each of the parcels above have been reviewed on the: Garfield County Assessor's website and the title work and the Garfield County Assessor's website comport with each other. Thank you for your assistance on this project. Please contact me with any questions that you may have. Sincerely. 5 Philip IL Vaughan President_ PVCMI- Land Planning Division Page 4 of 4 `J PIPELINE EASEMENT AGREEMENT STATE OF COLORADO § COUNTY OF GARFIELD § This PIPELINE EASEMENT AGREEMENT ("Agreement"), is made effective as of this lSt day of May, 2009 ("Effective Date"), between CHEVRON U.S.A. INC., a Pennsylvania corporation, with offices at 11111 S. Wilcrest Dr., Houston, Texas 77099 ("Grantor") and ENTERPRISE GAS PROCESSING, LLC, a Delaware limited liability company, with offices at 2727 North Loop West, Houston, TX 77008 ("Grantee"). (Grantor and Grantee shall each and collectively be referred to as "Party" and "Parties" in this Agreement.) RECITALS A, Grantor owns certain land in Garfield County, Colorado referenced in Section 1.1. B. Grantee desires to obtain an easement, servitude, privilege and Right -of -Way covering the Land. C. In consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor and Grantee agree to be bound by the terms of this Agreement. AGREEMENT 1. GRANT AND RESERVATIONS 1.1 Grant, Subject to the terms and conditions of this Agreement, Grantor grants Grantee, a non-exclusive easement, servitude, privilege and right-of-way ("the Right -of -Way"), over, upon, under, through and across certain parcels situated in Section 13, T6S-R97W, of the 61h P.M., Garfield County, Colorado, that are more particularly described in Exhibit A ("Land") solely for the purpose of laying, constructing, using, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing one 20 inch pipeline and related appurtenances, structures and facilities (including, without limitation, compression units, dehydrationfacilities, fittings, tie -overs, line heaters, appliances, meters, valve boxes, cathodic protection equipment and vents) ("Pipeline") as may be necessary for the transportation of natural gas and associated liquids and gases across the Land. (A) Right -of -Way Boundaries. The Right -of -Way is thirty feet in width, the centerline of the Right -of -Way being situated directly over the proposed Pipeline, as depicted on Exhibit A - Description and Plat of Land and Right -of -Way. Grantee shall provide Grantor an as built survey prepared by a licensed surveyor of the Pipeline as constructed within two months of completing construction of the Pipeline. If Grantee fails to provide the as built survey required under this Section 1.1, it shall be considered a breach of this Agreement for purposes of Section 13. The as built survey shall be incorporated into Exhibit A and serve as the description of the boundaries of the Right -of -Way for all purposes under this Agreement. Grantee shal! maintain current as -built drawings for the Pipeline and all of Grantee's surface and subsurface equipment and facilities located on the QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Ernerprise Execution Version 1 /j J rv1 ' Land at alI times, and shall provide Grantor with copies of updated as -built drawings within two months of completing each update. (8) Temporary Limited Construction Access. (1) During the period of initial pipeline construction to be completed no later than November 1, 2009, Grantee shall have the right of temporary use of an additional strip of land thirty five feet in width along the east side of r P, the Right -of -Way and ten feet in width along the West side of the Right- �a N r` V 5of-Way described in this Section for construction staging ("Construction 3,vJ Buffer"), except where Grantee's activities will interfere with irrigation 4 G or drainage ditches, streams, or creeks in Garfield County, Colorado, as further described and depicted and incorporated by reference in Exhibit r•`A. For any construction that takes place between October 1, 2009 and November 1, 2009, Grantee will be required to hire a third party i environmental consultant to accompany and monitor Grantee during o construction. The environmental consultant will be selected by Grantor and the costs associated with same will be borne solely by Grantee. Grantor reserves the right to require Grantee to suspend construction activities between October 1 and November I, 2009, if the third party environmental consultant identifies any potential issues or concerns with the construction activities. (2) (3) Grantee's rights under this Section I.1 (B) are subject to all reservations, terms and provisions of this Agreement, including but not limited to those terms relating to conditions, risk, and responsibility for access, use, maintenance, reclamation and restoration of Chevron lands. Grantee agrees to reclaim and repair the Construction Buffer to its original or better condition and to Grantor's satisfaction upon termination of Grantee's temporary access rights granted under this Section I.1(B). Grantee agrees to utilize the Construction Buffer only for exercise of the rights granted under this Agreement. Any other access or use by Grantee will be considered a trespass by the Grantor, subject at Grantor's sole discretion, to suspension or termination of this Agreement under Section 13 and pursuit by Grantor of any other available legal remedies against Grantee at Grantor's sole discretion (4) All temporary access rights granted under this Section 1.1(B) shall terminate at the earliest of the following dates: (a) completion of initial pipeline construction, (b) eight months from the Effective Date of this Agreement, or (c) termination of this Agreement under any of its provisions. (C) Access. Grantor also grants Grantee the right of ingress and egress to, over, upon, through and across the Land for all purposes necessary to the exercise of Grantee's rights under this Agreement. 1.2 Grantor's Reservations. QLS No. Pipeline Easement Agreement, dated May 6, 2009, between Chevron and Enterprise Execution Version 2 (A) The Right -of -Way does riot convey nor will it be construed as conveying any part of the fee title to the Land nor the oil, oil shale, gas, ores, and other mineral rights underlying the Land. Grantor reserves the right for itself or its permitees or assignees to explore for, mine, and remove oil, oil shale, gas, ores and other minerals on, under, or associated with the Land. (B) The rights granted under this Agreement do not include agricultural, farming, ranching, fishing or hunting rights. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor's lands, including the Right -of -Way. (C) This Agreement is subject to all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Land and Grantor further reserves the right to grant other easements, rights-of-way, licenses, leases and other agreements to third parties to covering the Land, so long as such does not unreasonably interfere with the rights granted to Grantee under this Agreement, and the Grantee is responsible for obtaining any necessary third party consents prior to conducting activities on the Land pursuant to this Agreement. (D) Grantor reserves the right to fence the whole or any part of the boundaries of the Right -of -Way, and the right to build fences crossing the Right -of -Way. 1.3 Construction Deadline. If Grantee fails to complete construction of the Pipeline in the Right -of -Way granted within eight months from the Effective Date, this Agreement will terminate automatically. 1.4 Environmental Impact. In the event a potential environmental concern is discovered during the installation of the Pipeline, Grantee agrees to stop all work, and notify Grantor's representative as set out in Section 17 who will document the potential impact and determine whether any immediate remediation is necessary to prevent the impact from being exacerbated. Grantor reserves the right to obtain a full assessment of the Land after the line is installed. The discovery of a potential environmental impact before, during, or after construction does not alter or relieve the Grantee from any obligation to defend and indemnify Grantor against and remediate any environmental impact resulting from the Grantee's activities under this Agreement. 1.5 No Warranties or Representations. Grantor makes no warranties or representations, express or implied, concerning the title to the Land or Grantee's right of ingress and egress from the Right -of -Way across adjacent or adjoining lands. Grantee accepts this Right -of -Way and the Land accessed by Grantee in its exercise of its rights under this Agreement in its present condition, "AS IS, WHERE IS," accepting full responsibility, without warranty, express, statutory or implied as to merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, and without recourse against Grantor whatsoever, not even for the return of any consideration paid to Grantor. QLS No. Pipeline Easement Agreement. dated May 1, 2009, between Chevron and Enterprise Execution Version 3 2. MAINTENANCE AND USE OF RIGHT-OF-WAY 2.1 Prudent Operations. All activities permitted under this Agreement shall be performed and conducted in a prudent, safe, and workmanlike manner. 2.2 No Interference With Use By Grantor or Its Lessees. Grantee shall build, maintain and operate the Right -of -Way in such a manner that the Grantee's operations will in no way hinder or prevent the use and enjoyment of Grantor's Land and adjoining property, including, but not limited to use of the Land and adjoining property for exploration, mining, development, and removal of oil, oil shale, gas, ores, or other minerals, and farming, ranching and land development operations. In conducting any activities on the Land, Grantee shall minimize disruption and damage to any of the following: (A) the Right -of -Way and adjacent or adjoining lands or lands used for ingress or egress to the Right -of -Way; (B) the operations of Grantor's surface ar mineral lessees, grantees, permitees, or invitees; or (C) Grantor or any of its lessees', grantees', or permitees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment and lands. Prior to exercising. any rights granted under this Agreement, Grantee shall give notice of Grantee's planned construction activities to all persons holding any rights, licenses, permits, easements or leases of record, as well as notice to Grantor's Ranch Manager for all other persons to use the surface of the Land and lands used for access to the Land. 2,3 Pipeline Depth. Grantee shall bury its Pipeline and subsurface facilities to provide a minimum of thirty-six inches between the surface of the ground and the top of the Pipeline and facilities except in those areas where rock is encountered that would otherwise require blasting, in which case, the top of the Pipeline and facilities shall be buried a minimum of eighteen inches beneath the surface of the ground. 2.4 Weeds. In consultation with Grantor's.Ranch Manager, Grantee shall control all invasive weed species in the Right -of -Way. Grantee shall use methods of invasive weed species control which are in compliance with applicable law and without posing significant risk to human health or the environment. 2.5 Good Repair; No Litter. Grantee will maintain the Right -of -Way in good repair, clear of debris, refuse and litter. From time to time as necessary, Grantee will clear away any and all refuse and litter and any other debris associated with the Pipeline or maintenance of the Right -of -Way, and shall ensure same are removed from and properly disposed in accordance with applicable law off of Grantor's property. If Grantor notifies Grantee of any refuse, litter, or debris on the Right -of -Way, Grantee shall have seven days from the date of Grantor's notification to clear it away and clean the Right -of -Way. 2.6 No Alcohol or Recreational Activities Permitted. Grantee shall not allow or permit any of its employees, agents, contractors or sub -contractors while on the Land or any of Chevron's adjacent or surrounding lands to do any of the following: (A) use, possess, sell, distribute or be under the influence of alcohol or illicit or non -prescribed drugs or substances at any time; (B) bring or possess dogs or other animals ; (C) picnic; (D) ride horses, bicycles, motorcycles, quad -runners or ATV's; ar (E) any recreational activity at any time. QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 4 2.7 Vehicle Compliance. Grantee and any of its employees, agents, contractors or sub- contractors shall not operate any motor vehicle upon the Land unless all occupants are wearing seat belts, nor shall any vehicle be operated upon the Land in excess of 15 miles per hour or other posted speed limits. 2.8 Improvements. Grantee will maintain at its sole expense all improvements, fences, gates and cattle guards now located on the Right -of -Way or which may be placed on the Right - of -Way by Grantee, and will build, maintain and/or erect all necessary additional fences, gates and cattle guards as required by Grantor. 2.9 Grass Fires. Grantee shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 2.10 No Oil, Gas, Mineral, Agricultural, Hunting, or Fishing Rights. The rights granted under this Agreement do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching, fishing or hunting rights. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor lands, including the Right -of -Way. 2.11 Trespassers. Grantee will notify trespassers to keep off the Right -of -Way by posting signs at its sole expense unless already posted by Grantor, in which event Grantee agrees to maintain any existing signs during the Term. In the event any trespasser refuses to vacate or cease trespassing on the Right -of -Way, Grantee shall promptly notify Grantor. 2.12 Activities to be Performed at Grantee's Direction; No Public Use. All activities permitted pursuant to this Agreement shall be performed by or under the direction of Grantee, and Grantee shall not permit, unless otherwise authorized in writing by Grantor, public easements, public facilities, or public roads over or under the Right -of -Way. 2.13 Safe Condition; Restoration of Land. Grantee shall keep the Land in a good and safe condition and, after doing any work which disturbs any surface area outside the Right -of - Way, whether inside or outside the boundaries of the Land, Grantee shall restore the surface to its original or better condition prior to disturbance in accordance with Section 10. 2.14 No Permanent Installations Without Grantor Approval. Grantee shall have no right to locate any additional permanent surface installation on any part of the Land without the prior written approval of Grantor, which approval is separate from and in addition to any rights granted in this Agreement. Grantor may withhold its approval for any reason or no reason. Grantee shall have no right to use any of Grantor's surface outside of the boundaries of the Land, except rights of ingress and egress to the Right -of -Way granted under this Agreement. 2.15 Storage of Equipment and Parking of Vehicles. Grantee shall store equipment, materials, and park all vehicles associated with the construction and completion of the Pipeline only in the designated locations agreed to by Grantor. Any additional storage, parking, or construction surface shall not be utilized without prior approval from Grantor. QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 5 2.16 Handling of Top Soil. Grantee shall remove any top -soil from the Land separately from other material removed by Grantee in connection with any activity on the Land, and shall replace any topsoil removed upon completion of that activity. 2.17 Stones, Brush, and Other Debris. All stones, brush and debris uncovered on, removed from or deposited on Grantor lands as the result of activities permitted under this Agreement shall be disposed of at Grantor's direction and at Grantee's sole cost and expense, 2.18 Backfill and Restoration of Field Grade. Grantee shall properly backfin) and compact disturbed ground, excavated Pipeline trenches, and other excavations in connection with its activities on the Land. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. Grantee shall also permanently restore to field grade any settling or slumping in Grantor's fields and pastures caused by activities permitted under this Agreement. 2.19 Drainage and Irrigation Systems, Roads, and Improvements (A) Grantee shall timely replace or rebuild, to the satisfaction of Grantor, any and all parts of any drainage or irrigation system road or other improvement that may be damaged in connection with Grantee's activities conducted pursuant to this Agreement. (B) Grantee shall restore to proper operating condition to Grantor's satisfaction any irrigation systems damaged by the activities permitted under this Agreement. Immediately upon completion of any activity performed under this Agreement, Grantee shall timely repair any damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and Bowlines. (C) All culverts and buried irrigation system pipelines damaged by the Right -of -Way activities shall be replaced by Grantee immediately upon completion of the activity. 2.20 Roads. Upon completion of the Pipeline, Grantee shall grade all roads on Grantor's lands that were used in connection with Grantee's activities under this Agreement. 2.21 Fences. Grantee shall have the right to cross fences and/or install gates with Grantor's written approval on Grantor property adjoining the Right -of -Way whenever Grantee's crossing shall be reasonably necessary in conducting activities permitted under this Agreement. Grantee shall maintain a proper enclosure at all times and shall restore fences to a condition equal to or better than their condition prior to Grantee's crossing as soon as crossing is completed. Nothing in this Section 2.21 shall be construed to make Grantee responsible for restoration of fencing damaged or removed by any party other than Grantee, its employees, agents, contractors, subcontractors, or invitees. QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 6 2.22 Effect of Noncompliance. Failure to comply with the conditions of this Section 2 may, in Grantor's sole discretion, result in the termination of this Agreement and forfeiture by Grantee of all rights under this Agreement. 3. TERM. The Right -of -Way is granted for a term of one year from the Effective Date, and for so long thereafter as Grantee shall use and maintain the Pipeline without cessation of more than one hundred eighty consecutive days. 4. COORDINATION WITH GRANTOR'S RANCH MANAGER. Grantee shall work in cooperation with Grantor's Ranch Manager to coordinate all activities permitted under this Agreement. At least ten days prior to beginning work on the Pipeline, Grantee shall contact Grantor's Ranch Manager at the phone number listed below with the signatures to this Agreement, and shall arrange a mutually convenient time to review Grantee's plans for the Right - of -Way. In addition to reviewing Grantee's plans under the requirements of Sections 1 and 2, Grantee and Grantor's Ranch Manager will agree upon the trees to be cut within the Right -of - Way. Grantee will provide Grantor and all other road users with a detailed timeline of the construction of the Pipelines. 5. PAYMENTS 5.1 Grantee shall pay to Grantor a payment in the amount of 3 upon execution of this Agreement. An annual payment, as hereinafter described, shall be made by Grantee to Grantor on or before each anniversary date of the Effective Date this Agreement, at the address first set forth below in this Section 5. The first of annual payment shall be in the amount of ' After the first annual payment, the annual payment shall thereafter increase by percent each year. No payment shall be deemed made by Grantee under this Agreement until the correct amount due is actually received by Grantor. 5.2 All payments to Grantor hereunder shall be made by Grantee's check, mailed postage prepaid, to Grantor at Attn: Manager, Shale Oil Development, QLS No. Chevron U.S.A. Inc., P.O. Box 36366, Houston, TX 77236, which shall continue as the depository for payments under this Agreement regardless of changes in ownership of the Land and until Grantee is notified, in writing, of a change of corporate name, identity and/or address of Grantor. The payment shall reference this Agreement's QLS number as found at the bottom of each page of this Agreement. 6. COMPLIANCE WITH APPLICABLE LAW. Grantee warrants and agrees that Grantee and Grantee's contractors, subcontractors, agents, and invitees will comply with any and all laws, ordinances, orders, rules, regulations, standards, licensing requirements or otherwise of any state, federal, tribal, municipal or local authority or agency thereof, now in force and effect, or which may be passed, enacted, issued, revised, required or promulgated hereinafter, incident to, arising out of or in any way connected with the utilization of the Pipeline or Land and/or any activities conducted under, pursuant to or by virtue of this Agreement. In addition, Grantee warrants that Grantee and its contractors, subcontractors, agents, and invitees will not discharge, dump, bury or store on the Land or in or on any water or waters on, adjacent to or in the area of the Land, for purposes of disposal, oil, chemicals, toxic substances or materials, and hazardous wastes or substances of any kind. Accordingly, Grantee specifically agrees to fully indemnify and hold Grantor harmless from and against any and all claims, demands, losses, judgments, causes of action, fines, penalties and costs, including but not limited to attorney's fees and costs of court, arising out of or QLSNo. _ Pipeline Easement Agreement, dated May 1. 2009, between Chevron and Enterprise Execution Version 7 connected with the non-compliance with or violation by Grantee of any of the provisions of this Section 6, regardless of the fault or negligence of Grantor, and any such non-compliance or violation may result in the termination of this Agreement, subject to Section 13 7. NECESSARY PERMITS. Grantee and Grantee's contractors, subcontractors, agents, and invitees shall maintain, all licenses, permits, consents, approvals or other authorizations from all governmental or professional or other bodies having jurisdiction which are necessary for the performance of activities permitted under this Agreement. 8. LIENS. Grantee will pay all claims for labor and materials that may be furnished on its behalf, and will defend, indemnify and hold Grantor harmless against all liens, encumbrances and claims that may be filed against Grantor's lands as a result of activities under this Agreement and all claims incurred and/or paid in connection with same. 9. TERMINATION 9.1 Failure to Complete Pipeline or Cessation of Use. If Grantee fails to complete the Pipeline within eight months from the Effective Date, or ceases to use and maintain the Right -of -Way or Pipeline for more than one hundred and eighty consecutive days at any time after the Effective Date, this Agreement will automatically terminate. 9.2 Interference with Grantor's Operations (A) If at any time after the Effective Date Grantor determines in its sole discretion that Grantee's operations, even if previously approved by Grantor, will interfere with Grantor's exercise of its rights to explore, develop, produce, remove, or transport oil, oil shale, ores, gas, or other minerals, Grantor may choose either of the following options: (I) Terminate the Agreement, subject to Section 10. (2) Require Grantee to modify or relocate the Pipeline within the Land or to other Grantor lands as Grantor may direct in order to eliminate the interference to Grantor's satisfaction. If Grantor elects to require Grantee to modify or relocate Grantee's operations under this Agreement, all of the following will occur: (a) The Parties shall execute a written amendment to this Agreement reflecting the modification or relocation of the Pipeline under this Agreement. (b) (c) If modification or relocation of Grantee's operations occurs prior to January 1, 2018, Grantor shall reimburse Grantee for its reasonable and actual documented costs of relocating the Pipeline, subject to Section 11 and Grantee's obligations to under Section 10. Effective January 1, 2018 and thereafter, Grantee agrees to modify or relocate the Pipeline at its sole risk and cost and subject to Section 11 and Grantee's obligations under Section 10. QLS No. Pipeline Easement Agreement, dated May 1. 2009, between Chevron and Enterprise Execution Version 8 9.3 Upon termination of this Agreement under this Section 9 or any other provision of this Agreement, Grantor will have the option, in its sole discretion, to either retain the right to use the Pipeline subject to Grantee's obligations under Section 10.1, or require Grantee to abandon or remove the Pipeline under Section 10.2 and restore the Right -of -Way under Section 10.1. 9.4 Termination of this Agreement under any of its provisions shall not operate to extinguish any obligations of Grantee which have accrued at the time of termination, or which accrue upon termination. 10. GRANTEE OBLIGATIONS UPON COMPLETION OF PIPELINE OR TERMINATION 10.1 Restoration. (A) Upon completion of the Pipeline or termination of this Agreement under any provision of this Agreement, Grantee shall have thirty days from completion of the Pipeline or termination of this Agreement, as applicable, to restore the Right - of -Way and all areas on Grantor lands areas disturbed by any activity under this Agreement to their original or better condition. If termination of this Agreement or completion of the Pipeline, as applicable, occurs after October, Grantee shall have until the earlier of June 30 or spring thaw of the following year to restore the Right -of -Way and all areas on Grantor lands affected by any activity under this Agreement to their original or better condition. (B) Grantee's restoration obligations under Section 10.I(A) shall include reseeding with seed mixes and planting trees approved by Grantor. Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation in the Right -of -Way. Reseeded areas shall be properly mulched except in pastures and hay fields, Grantee shall also spray all areas disturbed by construction to control noxious weeds for a period of no less than three growing seasons after completion of the Pipeline or termination of this Agreement, as applicable. 10.2 Grantor's Option to Require Abandonment or Removal. Upon termination of this Agreement, Grantor shall have the option in its sole discretion to require either abandonment or removal of the Pipeline. If abandonment is requested by Grantor, Grantee shall leave the Pipeline in a safe and well maintained condition. If removal of the Pipeline is requested by Grantor, Grantee shall have a period of six months from and after the effective date of termination in which to remove the Pipeline and to comply with its restoration obligations under Section 10.1. 10.3 Grantee Release. Upon the termination of this Agreement, in whole or in part, for any reason, Grantee will, within thirty days of written demand, deliver to Grantor an instrument in the county records that reflects that Grantee's rights to the Land under this Agreement have terminated. If Grantee fails to comply with this obligation within the time required, Grantee authorizes Grantor to file a notice of termination on Grantee's behalf. QI S No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 9 11. LIMITATION ON DAMAGES. Under no circumstances shall Grantor have any obligation to compensate Grantee for indirect or consequential Toss, including loss of production, petroleum or petroleum products, loss of prospective economic advantage or benefit, or loss of business opportunity, punitive or exemplary damages. 12. GRANTEE'S INDEMNITY. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT,FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. GRANTEE'S INDEMNITY SHALL APPLY EVEN IN THE EVENT OF AN INDEMNITEE'S OWN NEGLIGENCE, WHETHER INDEMNITEES' NEGLIGENCE IS SOLE, COMPARATIVE, CONTRIBUTORY, CONCURRENT, ACTIVE, OR PASSIVE, AND REGARDLESS OF WHETHER LIABILITY WITHOUT FAULT IS IMPOSED OR SOUGHT TO BE IMPOSED ON ONE OR MORE OF THE INDEMNITEES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 13. GRANTOR'S RIGHT TO SUSPEND ACTIVITIES AND TERMINATE FOR BREACH 13.1 If Grantee defaults in the performance of any of its obligations under this Agreement, Grantor may suspend activities under this Agreement at the sole cost of Grantee effective immediately upon Grantor's delivery of written notice to Grantee, and Grantor may enforce the performance of this Agreement in any manner provided in this Agreement or by law, Any attempt by Grantee to interfere with Grantor's exercise of its rights to suspend Grantee's activities for breach shall result in automatic termination of this Agreement. 13.2 Regardless of whether Grantor suspends Grantee's activities under this Agreement, if Grantee fails to perform any act required by this Agreement or otherwise comply with any of its obligations under this Agreement, Grantor shall have the right but not the obligation to take either of the following actions: (A) Terminate the Agreement if Grantee's default continues for a period of thirty days after Grantee receives written notice of default from Grantor, and Grantee has not either cured the default within the thirty day period or undertaken and QTS No. _ Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 10 diligently pursued actions reasonably calculated to cure the default within the thirty day period. (1) After expiration of the thirty day period, Grantor will have the right, without further notice or demand, to enter the Right -of -Way, assume ownership of Grantee's personal property without the necessity of a formal conveyance or bill of sale from Grantee, and require Grantee to restore or abandon the Right -of -Way under Section 10 or undertake restoration or abandonment itself, without waiving any other remedies to which Grantor may be entitled. (2) Grantee shall fully reimburse Grantor for the costs of removing, storing, and/or disposing of the personal property. if Grantor elects to restore or abandon, Grantee shall also fully reimburse Grantor for the costs of abandoning or restoring the Right -of -Way to its original condition. If, within sixty days after the date of Agreement termination, Grantee does not fully reimburse Grantor for any of these costs, then in addition to Grantor's other rights under this Agreement, Grantor may dispose of the personal property, retain any proceeds from the sale of the property, and may recover from Grantee any deficiency. (8) Perform the act or obligation that Grantee failed to perform without terminating the Agreement, and Grantee will fully defend, indemnify and hold Grantor harmless against all costs and expenses incurred by Grantor in performing the act or obligation that Grantee failed to perform. if Grantee fails to comply fully with the terms of this Agreement, Grantee will be obligated to reimburse all costs and expenses incurred by Grantor in enforcing this Agreement, including but not limited to court costs and attorneys' fees. 14. INSURANCE 14.1 Neither the minimum policy limits of insurance required of Grantee under this Section 14 nor the actual amounts of insurance maintained by Grantee under its insurance program limit or reduce Grantee's liability and indemnity obligations in this Agreement. 14.2 Grantee shall maintain the following insurance and all other insurance required by applicable law: (A) Workers' Compensation and Employer's Liability Insurance as prescribed by applicable laws. The policy limits of the Employer's Liability Insurance must not be less than S10,000,000.00 per occurrence (B) Commercial General Liability (Bodily Injury and Property Damage) Insurance, including the following supplemental coverages: Contractual Liability to cover the liabilities assumed in this Contract; Products and Completed Operations; Explosion, Collapse and Underground Hazards; and Sudden and Accidental Pollution. The policy territory coverage must include all areas where operations are to be performed. The policy limits must not be less than $10,000,000 combined single limit per occurrence. QLS No. Pipeline Easement Agreement, dated May r, 2009, between Chevron and Enterprise Execution Version 11 (C) Automobile Bodily Injury and Property Damage Liability Insurance extending to all vehicles provided by Lessee in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or $10,000,000 combined single limit per occurrence. 14.3 Policy Endorsements. (A) Grantee shall, or shall cause its insurer to, provide Grantor with thirty days' notice before canceling or making a material change to an insurance policy required by Section 14, (B) Waivers of subrogation in favor of Indemnitees must be included in the Workers' Compensation insurance policies required by Section 14.2(A). (C) The insurance required in Sections 14.2(B) and 14.2(C) must include all of the following: (1) Grantor shall be named as additional insured to the extent of the liabilities assumed by Grantee under this Agreement. The coverage provided to Grantor as additional insured must expressly include liability imposed or sought to be imposed upon Grantor for the contributory fault or negligence of Grantor to the extent that Grantee has assumed such liabilities of Grantor under the Agreement. (2) A provision that the insurance is primary with respect to all insured, including additional insured, and that no other insurance carried by Grantor will be considered as contributory insurance for any loss. (3) A cross liability or severability of interest clause which has the effect of insuring that each insured (including additional insured) is covered as a separate insured. 14,4 Evidence of Insurance. Before performing any operations on the Land under this Agreement, Grantee shall provide Grantor with certificates or other documentary evidence satisfactory to Grantor of the insurance and endorsements required under this Section 14 and shall reference the QLS No. at the bottom of each page of this Agreement when providing this evidence. Grantor's acceptance of this certificate does not constitute a waiver, release or modification of any of the insurance coverages and endorsements required under this Section 14. Grantee shall provide copies of insurance policies required under this Agreement if requested by Grantor. Grantee acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 14.4 may lead to termination of this Agreement. 14.5 Deductibles or Self -Insured Retentions. Grantee is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Grantor covered by Grantee's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected ofa prudent operator in similar circumstances. PIS No. _ Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 12 14.6 Waiver of Subrogation for Grantor's Physical Damage Insurance. Grantee shall obtain a written waiver of subrogation in favor of Grantor from its insurers who provide physical damage insurance with respect to property used in the performance of operations. 14.7 Conflict with Applicable Law. Grantee will not be required to carry the insurance coverages required in this Agreement to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable laws or regulations. 15. TAXES. Grantee shall promptly pay, before delinquency, all taxes and assessments levied or assessed upon or against the Right -of -Way during the term of this Agreement, by reason of, or resulting from Grantee's activities under this Agreement. Grantee shall reimburse Grantor for any increase in taxes paid by Grantor resulting from the value of the Pipeline and associated facilities, whether or not separately assessed. Grantee shall pay all taxes Levied or assessed upon or against Grantee's Pipeline and operations on the Right -of -Way. 16. REMOVAL OF PROPERTY. All buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the Land by Grantee will not become part of the real property but will remain the personal property of Grantee. Upon completion of the Pipeline, Grantee shall no longer have the right to place personal property on the Land and shall remove all of its personal property from the Land within sixty days following completion of the Pipeline. If Grantee fails to remove its personal property from the Land within sixty days following completion of the Pipeline, Grantor will have the right but not the obligation, without further notice or demand, to assume ownership of the personal property without the necessity of a format conveyance or bill of sale from Grantee or to dispose of the personal property and retain any proceeds from sale. Grantee shall fully reimburse Grantor for the costs removing, storing, and disposing of the personal property, If Grantor elects to sell the personal property and proceeds of the sale are not sufficient to cover the costs removing, storing, or disposing of the property, Grantor may recover from Grantee any deficiency. 17. NOTICES. Ail notices required or permitted under this Agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving party set out in the signature page to this Agreement and shall reference the QLS No. identified at the bottom of each page of this Agreement. Notice may also be delivered by facsimile sent to the facsimile number of the receiving Party set out in the signature page to this Agreement provided that the original notice is promptly sent to the recipient by mail (postage prepaid) or by hand delivery, Notices sent by email are ineffective. Except as otherwise provided in this Agreement, notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this Agreement are ineffective, and do not impart actual or any other kind of notice. 18. CONFLICT OF INTEREST. Conflicts of interest relating to this Agreement are strictly prohibited. Except as provided in this Agreement, neither Grantee, nor any director, employee, agent of Grantee, shall give to or receive from any director, employee or agent of Grantor any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Grantee nor any director, employee or agent of Grantee shall, without prior written notification thereof to Grantor, enter into any business relationship with any director, employee, or agent of Grantor or any affiliate, unless such person is acting for and on behalf of Grantor. Grantee shall promptly notify Grantor of any violation of this Section 18. Any representatives QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 13 authorized by Grantor may audit any and all records of Grantee for the sole purpose of determining whether there has been compliance with this Section 18 under this Agreement. . Grantee shall maintain true and correct records in connection with all matters relating to this Agreement and retain such records for at least twenty-four months after termination of this Agreement. 19. PUBLIC ANNOUNCEMENTS. Grantee shall not issue any public announcement or statement concerning the Right -of -Way or this Agreement without obtaining Grantor's prior written consent. 20. THIRD PARTY RIGHTS. No Person who is not a party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 21. GOVERNING LAW. This Agreement is governed by and interpreted under the laws of the State of Colorado, without regard to its choice of law rules, 22. RECORDING OF MEMORANDUM OF AGREEMENT. Grantee shall execute a memorandum for recordation purposes of this Agreement, on a form approved by Grantor, delivering same to Grantee for recordation in the Office of the County Clerk of Garfield County, Colorado. Neither Party shall record their duplicate original of this Agreement in public real property records, However, nothing shall prohibit any Party from filing a copy of this Agreement in a civil action to the extent necessary to enforce rights or obligations of the Agreement or as may otherwise be required by applicable law or by lawful order of any administrative or judicial proceeding. Grantee agrees that upon its receipt of the Memorandum of Pipeline Easement Agreement for recordation purposes from Grantor that Grantee shall file same of record and will deliver to Grantor, a copy of the recorded Memorandum showing the fling and recording information. 23. GENERAL PROVISIONS 23.1 Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the subject matter, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 23.2 Amendment. No amendment to this Agreement is effective unless trade in writing and signed by authorized representatives of both Parties. 23.3 Severability. Each provision of this Agreement is severable. If any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 23.4 Waiver. No waiver by either Party of this Agreement's terms, provisions or conditions shall be effective unless specifically evidenced in writing and signed by or on behalf of the Party granting such waiver, A Party's failure to pursue remedies for breach of this Agreement does not constitute a waiver by such Party of any breach of this Agreement or QLS No. Pipeline Easement Agreement. dated May 1, 2009, between Chevron and Enterprise Execution Version 14 raise any defense against claims against a Party for breach of this Agreement. The waiver or failure to require the performance of any covenant or obligation contained in this Agreement or to pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 23.5 Survival. Despite termination of this Agreement for any reason, all provisions in this Agreement containing representations, warranties, releases, defense obligations and indemnities, and all provisions relating to audit, confidentiality, conflicts of interest, insurance, disclaimer of certain remedies, limitations of liability, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. Each of the obligations and undertakings set out in this Agreement which is not fully perforated at termination shall continue in force after termination. 23.6 Interpretation. Unless the context expressly requires otherwise, all of the following apply to the interpretation of this Agreement: (A) The plural and singular words each include the other. (B) The word "or" is not exclusive. (C) The ward "includes" and "including" are not limiting. (D) References to matters "arising" (or which "arise" or "arises") "out of this Agreement" include matters which arise in connection with this Agreement or have a causal connection with or which flow from this Agreement or which would not have arisen or occurred but for the entering into this Agreement or the performance of or failure to perform obligations under this Agreement. (E) The headings in this Agreement are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Agreement. 23.7 Counterparts. This Agreement may be executed in any number of counterparts, eachof which will be deemed an original of this Agreement, and which together will constitute one and the same instrument; provided that neither Party will be bound to this Agreement unless and until both Parties have executed a counterpart. 23.8 Drafting. Preparation of this Agreement has been a joint effort of the Parties and the resulting Agreement must not be construed more severely against one of the Parties than against the other, 219 Assignment. This Agreement is personal to Grantee, and Grantee may not assign its rights under this Agreement, in whole or in part, without Grantor's prior written consent. Grantor may withhold its consent or impose conditions for its consent for any reason or no reason. Any attempted assignment made in violation of this provision will be, in Grantor's sole discretion (and in: addition to any other remedy available to Grantor at law or in equity), voidable and of no force. If Grantor consents to an assignment, Grantee and any approved assignee(s) will be jointly and severally liable for the performance of all QI.S No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 15 obligations imposed upon Grantee under this Agreement, and such assignment must affirm Grantee and its assignee's intent to be bound by alt of the terms and provisions of this Agreement and any conditions of Grantor's consent. Any assignment to which Grantor consents shall not be binding upon or recognized by Grantor in any way unless it meets the requirements of this Section 23.9 and a certified copy has been furnished to Grantor. The granting of Grantor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment that may be proposed or attempted will be ineffective without Grantor's prior written consent under this Section. 23.10 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its terms, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Agreement. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: GRANTOR: CHEVRON U.S.A. INC. GRANTEE: ENTERPRISE GAS PROCESSING LLC Signature: Signature: Name: i 4ee F n�nt Title; Attorney -in -Fact Title: ADDRESS FOR NOTICES: 11111 S. Wilcrest Houston, Texas 77099 Attention: Land Manager 64494t4 kftreic f� ADDRESS FOR NOTICES: P.Q. Box 4324 Houston, TX 77210 � i 1 V i e' Attention: Land Ranch Manager: Craig Tysse, (970) 285-9722 Facsimile: QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 16 STATE OF TEXAS COUNTY OF HARRIS Thforcgoin i truce nt was acknowledged before me this day of T(1 , 2009 by as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission .izs: 5-5n _ 12 Notary STATE OF TEXAS COUNTY OF HARRIS LUISA WAINSTEIN Notary Pub6a State of Tec l2 e foregoing instrument was acknowledged beforeme this )j day of 1.Q , 2009 by of Enterprise Gas Processing, LLC. ..fie. _ as Ln My Commission Expires: j 11(0/it Notary Public oni OW 0'1 indit24. : Orta tee/ a QLS No..__.. _.- --- Pipeline Easement Agreement, dared May 1, 2009. between Chevron and Enterprise Execution Version 10 17 EXHIBIT A — DESCRIPTION AND PLAT OF LAND AND RIGHT-OF-WAY QLS No. Pipeline Easement Agreement, dated May 1, 2009, between Chevron and Enterprise Execution Version 18 EXHIBIT "A' 30' PERMANENT RIGHT-OF-WAY 8 EASEMENT, CHEVRON U.S.A.. INC. WEST HALF OF SECTION 13, T6S - R97W. 6TH P.M. GARFIELD COUNTY, COLORADO CHEVRON USA INC. PETROLEIM DEVELOPMF-NT CORP. SEC. 11 NW CORNER SEC. 13 END. 2 1/2" BRASS CAP ON 2' STEEL PIPE U.S.C.LO. SUR MONUMENT DATE XLEGIBLE PEST A CORNER SEF 13 END. 2 1/2' BRASS CAP 4FF 2' $1ED.. PIPE U.S.G.L.O. SURVEY MONUMENT DATED 1917. SEC. 14 RICHARD PRATHER N N z`� TUA 10;107' SPRING PIPE 10'¢373' TUA SW CORNER SEC. 13 END. 2 1/2' BRASS CAP ON 2 STEEL PIPE U.S.O.LO. SURVEY MONUMENT —� DATED 1917 POINT OF COMMENCING S88'02`22"E 224.91' SEC. 23 30'40' TUA 41. CHEVRON U.S.A,. INS. SEC. 12 EE EXHIBIT "C" 25450' TUA 25'.225' TVA C/L OF PROPOSED EPCO EASEMENT SEC. 13 CHEVRON 1L$.A.. _ INC. PARCEL 25'4ea' TDA 2169-122-00-012 SEE EXHIBITS "0" k "E" (SEE "C FOR 1UA) 29'.276• TVA 29'0.10(1' TUA "POINT OF TERMINUS" 25'x100' TUA o200 J tt Cdarade State Plana Central Zan., NACU — 901)111 k CORNER PND. 2 t/2" BRASS CAP ON 2" STEEL PIPE 5U9NEY 11 MONUMENT DATED 1817 N88'02'22"W "POINT OF 2,411.67' BEGINNING" SEE ATTACHED RIGHT OF WAY DESCRIPTION WHICH BY 11115 REFERENCE 09 MADE HEREOF. SURVEYOR'S STATEMENT: I, GEORGE 0L8ERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF FEBRUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. --(75 eAcceer GEORGE OLBER7 P.L.S. #27610 PUCKETT SEC. 24 lL D COMANY NDFf: 1) ASIS OP BEARING: CPS OBSERVATION ALON0 THE SOUTH LINE OF SAID SECTION 13 AS DEFINED BY MONUMENTATION SHOWN HEREON. BEARS N88'02.22"W 2) DATE HELD SURVEY. 2/14/00 3) THIS WRNS? ODES NOT CONSTITUTE A 1111.E SEARCH TO DETERMa1E OWNERSHIP OR EASEMENTS OF RECORO. NO 911.E COMMITMENT WAS FURNISHED IN THE PREPARATION OF 0169 SURVEY_ 4) SEE EXHIST "B' FOR LEDAL DESCRIPTION. 20110E ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACT1ON BASED UPON ANY DEFECT 04 THIS SURVEY WNW THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT MAO ANY ACTION BASED UPON ANY DEFECT IN 1140 SURVEY BE COMMENCED MORE THAN TEN TEARS FROM THE DATE OF THIS CERTIF1CA1109 SHOWN HEREON. j "GRIMMER shorn IItal.-me-ammcurs cmm. EXHIBIT 'B' 30' PERMANENT RIGHT-OF-WAY & EASEMENT, CHEVRON U.S.A.LINC. WEST HALF OF SECTION 13. T6S - R97W, 6TH P.M. GARFIELD COUNTY. COLORADO CHEVRON USA INC. 30' WIDE PERMANENT RIGHT-OF-WAY AND EASEMENT A 30' WIDE RIGHT -0F --WAY AND EASEMENT LYING WITHIN THE WEST HALF OF SECTION 13, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 611 PRINCIPLE MERIDIAN, CARFIELD COUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY CENTERLINE AS FOLLOWS: COMMENCING AT A BRASS O.S.G.L.O. SURVEY MONUMENT LOCATED AT THE SOUTHWEST CORNER Of SAID SECTION 13; THENCE SOUTH 88'02'22" EAST ALONG THE SOUTH UNE OF SECTION 13. FOR A DISTANCE DF 224.9 FEET; TO THE `POINT OF BEGINNING" DF SAID CENTERLINE; THENCE NORTH 63'014' EAST FOR A DISTANCE OF 419.73 FEET; THENCE NORTH 1712'52' WEST FOR A DISTANCE OF 914.76 FEET; THENCE NORTH 13819' WEST FOR A DISTANCE OF 165.19 FEET; THENCE NORTH 100647' WEST FOR A DISTANCE OF 69.96 FEET; THENCE NORTH 54'4113° WEST FOR A DISTANCE OF 19.09 FEET; MENGE NORTH 1916'35" WEST FOR A DISTANCE OF 447.25 FEET; THENCE NORTH 8'27'40' WEST FOR A DISTANCE OF 243.48 FEET; THENCE NORTH 1'40'04" EAST FOR A DISTANCE OF 401.57 FEET; THENCE NORTH 6210'39" EAST FOR A DISTANCE OF 537.64 FEET; THENCE NORTH 37'0419' EAST FOR A DISTANCE OF 927.30 FEET; THENCE NORTH 26'22'07' EAST FOR A DISTANCE OF 304.08 FEET; THENCE NORTH 37'455` EAST FOR A DISTANCE Of 196.84 FEET'. THENCE NORTH 63'00'41` EAST FOR A DISTANCE OF 197.82 FEET; THENCE NOR711 59'54'18" EAST FOR A DISTANCE OF 304.10 FEET; THENCE NORTH 5B'55'29" EAST FOR A DISTANCE OF 249.47 FEET; THENCE SOUTH 82'58'05' EAST FOR A DISTANCE OF 97.70 FEET; THENCE SOUTH 59'04'07" EAST FOR A DISTANCE OF 101.20 FEET; THENCE NORTH 25'45'34" EAST FOR A DISTANCE OF 119.52 FEET TO THE "POINT OF TERMINUS'; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 174,501 SQUARE FEET OR 4.006 ACRES MORE OR LESS, HAVING A CENTERLINE LENGTH OF 5,816.7 LINEAR FEET OR 352.5 RODS MORE OR LESS. BASIS OF BEARING FOR THE ABOVE DESCRIBED RIGHT-OF-WAY AND EASEMENT 19 NORTH 8802'22' WEST ALONG THE SOUTH LINE OF SAID SECTION t3. SURVEYOR'S STATEMENT; I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF FEBRUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLBTRT P.L.S. ¢27610 - 1.M.. N I **k 1pit m°r-a1° 121001,07400 EXHIBIT `C" TYPICAL EASEMENT FOR EPCO PIPELINE 100' CORRIDOR 30' EPCO EASEMENT OTHERS 0 0 2.0" EPCO 35' EPCO PIPELINE TUA SURVEYOR'S STATEMENT: L GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO. DO HEREBY STATE. THAT A SURVEY OF A TRACT or LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERV1SIQN IN THE MONTH OF FEBRUARY 2009 AND THAT OF SAID SURVEY !S ACCURATELY SHOWN HEREON. fs 27610 GEORGE OLBERT P.L.S. #27610 0 0 Foa�lt�RRRR wi Iiu�a �A l sroa� i uu. eeonaoe -a fy{1Md074w oar sat EXHIBIT "D" PINCH POINT EASEMENT FOR EPCO PIPELINE SPRING PIPE & TANK 0 0 0 0 0 0 Iz o Ld w Lei W 0 L,I 0 0 0 0 SURVEYOR'S STATEMENT: 1, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF FEBRUARY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLB P,L.S. #27610 . 3 27610 '22 cam • TREE LINE FOURYNU .I w Ill H1 -.l 010. W. Yin w 1 124.11)1111:17-1300 EXHIBIT "E` DETAIL OF PINCH POINT TO AVOID SPRING & ASPEN GROVE AL1 \G A y WASH 100 SPRING PIPE ± 190 LF OF 5—UNE TRENCH. SEE — EXHIBIT '0' TREES SURVEYOR'S STATEMENT: I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, 00 HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF FEBRUARY 2009 AND THAT OF SAID SURVEY 15 ACCURATELY SHOWN HEREON. YoaaAUKru u nae -e 124M417.414 Ma anem 1 It1t$_Ieenem_ .111 WA «Irk 104' +1,11TW4illiIiii 11111 Reception#: 770891 07/07/2009 01:18:45 PM Jean Plberico 1 of 1 Rec Fee:$6.00 Doc Fee:0.00 GARFIELD COUNTY CO POWER OF ATTORNEY CHEVRON U.S.A. INC. KNOW ALL MEN 13Y THESE PRESENTS THAT CHEVRON U.S.A. INC., a Pennsylvania corporation, ("CHEVRON"), acting herein through J. STEPHEN LASTRAPES, Assistant Secretary, hereunto duly authorized by Resolution of the Board of Directors, hereby makes, constitutes, and appoints T. S. HAHN, to be its true and lawful Attorney -in -Fact with authority, for and on its behalf, without the necessity of affixing the corporate seal, to execute, acknowledge, deliver, file, record, accept, assign, amend, extend, terminate, withdraw, release, settle. compromise, surrender, ratify, and renew all instruments, papers and documents requiring execution in the name of CHEVRON, except as herein below stated, and no authority is conferred by this Power of Attorney for execution of the following: 1. Leases or deeds to others covering oil, gas or other hydrocarbon or non.hydrocarbon minerals underlying fee lands of CHEVRON where either book value or sale price exceeds Twenty -Five Million Dollars (325,000,000.00) or the acreage exceeds Six Thousand Four Hundred (6,400) acres; 2. Deeds or conveyances to others covering fee lands of CHEVRON, other than rights of way and similar easements, where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00); 3. Documents, instruments or promissory notes in support of any borrowings; provided, however, that promissory notes and other documents given as consideration for the acquisition of real or personal property shall not be deemed to constitute a borrowing; 4, Documents or agreements establishing bank accounts in the name of CHEVRON or withdrawing of funds or closing of any bank accounts of CHEVRON. This Power of Attorney shall remain in full force and effect from and alter first day of January, 2009 through the 31st day of December, 2009, and its exercise shall be valid in all the states, territories and possessions of the United States. IN WITNESS WHEREOF, CHEVRON has caused its name to be subscribed hereto by J. STEPHEN LASTRAPES, Assistant Secretary, for that purpose duly authorized, this 31st day of December, 2008. CHEVRON U.S.A. INC. By: STATE OF TEXAS COUNTY OF HARRIS -C E. J.STEPH LASTRAPES Assistant Secretary This instrument was acknowledged before me on the 31st day of December, 2008, by J. STEPHEN LASTRAPES, Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania corporation, on behalf of said corporation. Notary Public, State of Texas PIPELINE EASEMENT AGREEMENT STATE OF COLORADO COUNTY OF GARFIELD § This PIPELINE EASEMENT AGREEMENT ("Agreement"), is made effective as of this 10th day of June, 2009 ("Effective Date"), between CHEVRON U.S.A, INC., a Pennsylvania corporation, with offices at 11111 S. Wilcrest Dr., Houston, Texas 77099 ("Grantor") and ENTERPRISE GAS PROCESSING, LLC., a Delaware limited liability company, with offices at 2727 North Loop West, Houston, TX 77008 ("Grantee"). (Grantor and Grantee shall each and collectively be referred to as "Party" and "Parties" in this Agreement) RECITALS A. Grantor owns certain land in Garfield County, Colorado referenced in Section 1.1. B. Grantee desires to obtain an easement, servitude, privilege and Right -of -Way covering the Land. C. In consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor and Grantee agree to be bound by the terms of this Agreement. AGREEMENT 1. GRANT AND RESERVATIONS Grant. Subject to the terms and conditions of this Agreement, Grantor grants Grantee, a non-exclusive easement, servitude, privilege and right-of-way ("Right -of -Way"), over, upon, under, through and across certain parcels situated in Section I T6S-R97W and Section 6 T6S-R96W, of the 6th P.M., Garfield County, Colorado, that are more particularly described and incorporated by reference in Exhibit A ("Land") solely for the purpose of laying, constructing, using, operating, inspecting, maintaining, repairing, altering, replacing, and/or removing one 10 -inch gas pipeline and related appurtenances, structures and facilities (including, without limitation, compression units, dehydration facilities, fittings, tie -overs, line heaters, appliances, meters, valve boxes, cathodic protection equipment and vents) ("Pipeline") as may be necessary for the transportation of natural gas and associated liquids and gases across the Land. (A) Right -of -Way Boundaries. The Right -of -Way is thirty feet in width, the centerline of the Right -of -Way being situated directly over the proposed Pipeline, as depicted on Exhibit A - Description and Plat of Land and Right -of -Way. Grantee shall provide Grantor an as built survey prepared by a licensed surveyor of the Pipeline as constructed within two months of completing construction of the Pipeline. If Grantee fails to provide the as built survey required under this Section 1.1, it shall be considered a breach of this Agreement for purposes of Section 13. The as built survey shall be incorporated into Exhibit A and serve as the description of the boundaries of the Right -of -Way for all purposes under this Agreement. Grantee shall maintain current as -built drawings for the Pipeline and QLS No. Pipeline Easement Agreement, dated June 10. 2009, between Chevron and Enterprise Execution Version all of Grantee's surface and subsurface equipment and facilities located on the Land at all times, and shall provide Grantor with copies of updated as -built drawings within two months of completing each update. (B) Access. Grantor also grants Grantee the right of ingress and egress to, over, upon, through and across the Land for all purposes necessary to the exercise of Grantee's rights under this Agreement. (C) Temporary Limited Construction Access. (1) During the period of initial pipeline construction to be completed no later than eight months from the Effective Date of this Agreement, Grantee shall have the right of temporary use of an additional strip of land forty five feet in width along the north side of the Right -of -Way described in this Section for construction staging ("Construction Buffer"), except where Grantee's activities will interfere with irrigation or drainage ditches, streams, or creeks in Garfield County, Colorado, as further described and depicted and incorporated by reference in Exhibit A. (2) During the period of initial pipeline construction to be completed no later than eight months from the Effective Date of this Agreement, Grantee shall have the right of temporary use of the Temporary Use Areas as labeled and further described and depicted and incorporated by reference in Exhibit A. (3) Grantee's rights under this Section 1.1(C) are subject to ail reservations, terms and provisions of this Agreement, including but not limited to those terms relating to conditions, risk, and responsibility for access, use, maintenance, reclamation and restoration of Chevron lands. Grantee agrees to reclaim and repair the Construction Buffer and the Temporary Use Areas to their original or better condition and to Grantor's satisfaction upon termination of Grantee's temporary access rights granted under this Section 1.1(C). (4) Grantee agrees to utilize the Construction Buffer and Temporary Use Areas only for exercise of the rights granted under this Agreement. Any other access or use by Grantee will be considered a trespass by the Grantor, subject at Grantor's sole discretion, to suspension or termination of this Agreement under Section 13 and pursuit by Grantor of any other available legal remedies against Grantee at Grantor's sole discretion (5) All temporary access rights granted under this Section 1.1(C) shall terminate at the earliest of the following dates: (a) completion of initial pipeline construction, (b) eight months from the Effective Date of this Agreement, or (c) termination of this Agreement under any of its provisions. QLS Na. Pipeline Easement Agreement, dated June 10, 2009. between Chevron and Enterprise Execution Version 2 1.2 Grantor's Reservations. (A) The Right -of -Way does not convey nor will it be construed as conveying any part of the fee title to the Land nor the oil, oil shale, gas, ores, and other mineral rights underlying the Land. Grantor reserves the right for itself or its permitees or assignees to explore for, mine, and remove oil, oil shale, gas, ores and other minerals on, under, or associated with the Land. (B) The rights granted under this Agreement do not include agricultural, farming, ranching, fishing or hunting rights. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor's lands, including the Right -of -Way. (C) This Agreement is subject to all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Land, and Grantor further reserves the right to grant other easements, rights-of-way, licenses, leases and other agreements to third parties covering the Land, so long as such does not unreasonably interfere with the rights granted to Grantee under this Agreement. Grantee is responsible for obtaining any necessary third party consents prior to conducting activities on the Land pursuant to this Agreement. (D) Grantor reserves the right to fence the whole or any part of the boundaries of the Right -of -Way, and the right to build fences crossing the Right -of -Way. 1.3 Construction Deadline. If Grantee fails to complete construction of the Pipeline in the Right -of -Way granted within eight months from the Effective Date, this Agreement will terminate automatically. 1.4 Environmental Impact. In the event a potential environmental concern is discovered during the installation of the Pipeline, Grantee agrees to stop all work, and notify Grantor's representative as set out in Section l7 who will document the potential impact and determine whether any immediate remediation is necessary to prevent the impact from being exacerbated. Grantor reserves the right to obtain a full assessment of the Land after the line is installed. The discovery of a potential environmental impact before, during, or after construction does not alter or relieve the Grantee from any obligation to defend and indemnify Grantor against and remediate any environmental impact resulting from the Grantee's activities under this Agreement. 1.5 No Warranties or Representations. Grantor makes no warranties or representations, express or implied, concerning the title to the Land or Grantee's right of ingress and egress from the Right -of -Way across or access to adjacent or adjoining lands. Grantee accepts this Right -of -Way and any Chevron lands accessed by Grantee in its exercise of its rights under this Agreement in their present condition, "AS IS, WHERE IS," accepting full responsibility, without warranty, express, statutory or implied as to merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, and without recourse against Grantor whatsoever, not even rot the return of any consideration paid to Grantor. QLS No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 3 2. MAINTENANCE AND USE OF RIGHT-OF-WAY 2.1 Prudent Operations. All activities permitted under this Agreement shall be performed and conducted in a prudent, safe, and workmanlike manner. 2.2 No Interference With Use By Grantor or Its Lessees. Grantee shall build, maintain and operate the Right -of -Way in such a manner that the Grantee's operations will in no way hinder or prevent the use and enjoyment of Grantor's Land and adjoining property, including, but not limited to use of the Land and adjoining property for exploration, raining, development, and removal of oil, oil shale, gas, ores, or other minerals, and farming, ranching and land development operations. In conducting any activities on the Land, Grantee shall minimize disruption and damage to any of the following: (A) the Right -of -Way and adjacent or adjoining lands or lands used for construction on or ingress or egress to the Right -of -Way; (B) the operations of Grantor's surface or mineral lessees, grantees, permitees, or invitees; or (C) Grantor or any of its lessees', grantees', or permitees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment and lands. Prior to exercising any rights granted under this Agreement, Grantee shall give notice of Grantee's planned construction activities to all persons holding any rights, licenses, permits, easements or leases of record, as well as notice to Grantor's Ranch Manager for all other persons to use the surface of the Land and lands used for access to the Land, 2.3 Pipeline Depth. Grantee shall bury its Pipeline and subsurface facilities to provide a minimum of thirty-six inches between the surface of the ground and the top of the Pipeline and facilities except in those areas where rock is encountered that would otherwise require blasting, in which case, the top of the Pipeline and facilities shall be buried a minimum of eighteen inches beneath the surface of the ground. 2.41 Weeds. In consultation with Grantor's Ranch Manager, Grantee shall control all invasive weed species in the Right -of -Way. Grantee shall use methods of invasive weed species control which are in compliance with applicable law and without posing significant risk to human health or the environment. 2.5 Good Repair; No Litter. Grantee will maintain the Right -of -Way in good repair, clear of debris, refuse and litter. From time to time as necessary, Grantee will clear away any and all refuse and litter and any other debris associated with the Pipeline or maintenance of the Right -of -Way, and shall ensure same are removed from and properly disposed in accordance with applicable law off of Grantor's property. If Grantor notifies Grantee of any refuse, litter, or debris on the Right -of -Way, Grantee shall have seven days from the date of Grantor's notification to clear it away and clean the Right -of -Way. 2.6 No Alcohol or Recreational Activities Permitted. Grantee shall not allow or permit any of its employees, agents, contractors or sub -contractors while on the Land or any of Chevron's adjacent or surrounding lands to do any of the following: (A) use, possess, sell, distribute or be under the influence of alcohol or illicit or non -prescribed drugs or substances at any time; (8) bring or possess dogs or other animals ; (C) picnic; (D) ride horses, bicycles, motorcycles, quad -runners or ATV's; or (E) any recreational activity at any time. Q1 S No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 4 2.7 Vehicle Compliance. Grantee and any of its employees, agents, contractors or sub- contractors shall not operate any motor vehicle upon the Land unless all occupants are wearing seat belts, nor shall any vehicle be operated upon the Land in excess of 15 miles per hour or other posted speed limits. 2.8 Improvements. Grantee will maintain at its sole expense all improvements, fences, gates and cattle guards now located on the Right -of -Way or which may be placed on the Right - of -Way by Grantee, and will build, maintain and/or erect all necessary additional fences, gates and cattle guards as required by Grantor, 2.9 Grass Fires. Grantee shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 2.10 No Oil, Gas, Mineral, Agricultural, Hunting, or Fishing Rights. The rights granted under this Agreement do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching, fishing or hunting rights. Grantee, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Grantor lands, including the Right -of -Way. 2.11 Trespassers. Grantee will notify trespassers to keep off the Right -of -Way by posting signs at its sole expense unless already posted by Grantor, in which event Grantee agrees to maintain any existing signs during the Term. In the event any trespasser refuses to vacate or cease trespassing on the Right -of -Way, Grantee shall promptly notify Grantor. 2.12 Activities to be Performed at Grantee's Direction; No Public Use. All activities permitted pursuant to this Agreement shall be performed by or under the direction of Grantee, and Grantee shall not permit, unless otherwise authorized in writing by Grantor, public easements, public facilities, or public roads over or under the Right -of -Way. 2.13 Safe Condition; Restoration of Land. Grantee shall keep the Land in a good and safe condition and, after doing any work which disturbs any surface area outside the Right -of - Way, whether inside or outside the boundaries of the Land, Grantee shall restore the surface to its original or better condition prior to disturbance in accordance with Section 10. 2.14 No Permanent Installations Without Grantor Approval. Grantee shall have no right to locate any additional permanent surface installation on any part of the Land without the prior written approval of Grantor, which approval is separate from and in addition to any rights granted in this Agreement. Grantor may withhold its approval for any reason or no reason. Grantee shall have no right to use any of Grantor's surface outside of the boundaries of the Land, except rights of ingress and egress to the Right -of -Way granted under this Agreement. 2.15 Storage of Equipment and Parking of Vehicles. Grantee shall store equipment, materials, and park all vehicles associated with the construction and completion of the Pipeline only in the designated locations agreed to by Grantor. Any additional storage, parking, or construction surface shall not be utilized without prior approval from Grantor. ()LS No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 5 2.16 Handling of Top Soil. Grantee shall remove any top -soil from the Land separately from other material removed by Grantee in connection with any activity on the Land, and shall replace any topsoil removed upon completion of that activity. 2.17 Stones, Brush, and Other Debris. All stones, brush and debris uncovered on, removed from or deposited on Grantor lands as the result of activities permitted under this Agreement shall be disposed of at Grantor's direction and at Grantee's sole cost and expense. 2.18 Backfill and Restoration of Field Grade. Grantee shall properly backfill and compact disturbed ground, excavated Pipeline trenches, and other excavations in connection with its activities on the Land. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris, Grantee shall also permanently restore to field grade any settling or slumping in Grantor's fields and pastures caused by activities permitted under this Agreement. 2.19 Drainage and Irrigation Systems, Roads, and Improvements (A) Grantee shall timely replace or rebuild, to the satisfaction of Grantor, any and all parts of any drainage or irrigation system road or other improvement that may be damaged in connection with Grantee's activities conducted pursuant to this Agreement. (B) Grantee shall restore to proper operating condition to Grantor's satisfaction any irrigation systems damaged by the activities permitted under this Agreement. Immediately upon completion of any activity performed under this Agreement, Grantee shall timely repair any damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and flowlines. (C) AH culverts and buried irrigation system pipelines damaged by the Right -of -Way activities shall be replaced by Grantee immediately upon completion of the activity. 2.20 Roads. Upon completion of the Pipeline, Grantee shall grade all roads on Grantor's lands that were used m connection with Grantee's activities under this Agreement. 2.21 Fences. Grantee shall have the right to cross fences and/or install gates with Grantor's written approval on Grantor property adjoining the Right -of -Way whenever Grantee's crossing shall be reasonably necessary in conducting activities permitted under this Agreement. Grantee shall maintain a proper enclosure at all times and shall restore fences to a condition equal to or better than their condition prior to Grantee's crossing as soon as crossing is completed. Nothing in this Section 2.21 shall be construed to make Grantee responsible for restoration of fencing damaged or removed by any party other than Grantee, its employees, agents, contractors, subcontractors, or invitees. QL,S 1'io. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 6 2,22 Effect of Noncompliance. Failure to comply with the conditions of this Section 2 may, in Grantor's sole discretion, result in the termination of this Agreement and forfeiture by Grantee of all rights under this Agreement. 3. TERM. The Right -of -Way is granted for a term of one year from the Effective Date, and for so long thereafter as Grantee shall use and maintain the Pipeline without cessation of more than one hundred eighty consecutive days. 4. COORDINATION WITH GRANTOR'S RANCH MANAGER. Grantee shall work in cooperation with Grantor's Ranch Manager to coordinate all activities permitted under this Agreement. At least ten days prior to beginning work on the Pipeline, Grantee shall contact Grantor's Ranch Manager at the phone number listed below with the signatures to this Agreement, and shall arrange a mutually convenient time to review Grantee's plans for the Right - of -Way. In addition to reviewing Grantee's plans under the requirements of Sections 1 and 2, Grantee and Grantor's Ranch Manager will agree upon the trees to be cut within the Right-of- Way. ight-ofWay. Grantee will provide Grantor and all other road users with a detailed timeline of the construction of the Pipelines. 5. PAYMENTS 5.1 Grantee shall pay to Grantor a payment in the amount of 5. upon execution of this Agreement. An annual payment, as hereinafter described, shall be made by Grantee to Grantor on or before each anniversary date of the ]Effective Date this Agreement, at the address first set forth below in this Section 5. The first of annual payment shall be in the amount of; After the first annual payrnent, the annual payrnent shall thereafter increase by percent each year. No payment shall be deemed made by Grantee under this Agreement until the correct amount due is actually received by Grantor. 5.2 All payments to Grantor hereunder shallbe made by Grantee's check, mailed postage prepaid, to Grantor at Attn: Manager, Shale Oil Development, QLS No, Chevron U.S.A. Inc., P.O. Box 36366, Houston, TX 77236, which shall continue as the depository for payments under this Agreement regardless of changes in ownership of the Land and until Grantee is notified, in writing, of a change of corporate name, identity and/or address of Grantor. The payment shall reference this Agreement's QLS number as found at the bottom of each page of this Agreement. 6. COMPLIANCE WITH APPLICABLE LAW. Grantee warrants and agrees that Grantee and Grantee's contractors, subcontractors, agents, and invitees will comply with any and all laws, ordinances, orders, rules, regulations, standards, licensing requirements or otherwise of any state, federal, tribal, municipal or local authority or agency thereof, now in force and effect, or which may be passed, enacted, issued, revised, required or promulgated hereinafter, incident to, arising out of or in any way connected with the utilization of the Pipeline or Land and/or any activities conducted under, pursuant to or by virtue of this Agreement. In addition, Grantee warrants that Grantee and its contractors, subcontractors, agents, and invitees will not discharge, dump, bury or store on the Land or in or on any water or waters on, adjacent to or in the area of the Land, for purposes of disposal, oil, chemicals, toxic substances or materials, and hazardous wastes or substances of any kind. Accordingly, Grantee specifically agrees to fully indemnify and hold Grantor harmless from and against any and all claims, demands, losses, judgments, causes of action, fines, penalties and costs, including but not limited to attorney's fees and costs of court, arising out of or QLS No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 7 connected with the non-compliance with or violation by Grantee of any of the provisions of this Section 6, regardless of the fault or negligence of Grantor, and any such non-compliance or violation may result in the termination of this Agreement, subject to Section 13 . 7. NECESSARY PERMITS. Grantee and Grantee's contractors, subcontractors, agents, and invitees shall maintain, all licenses, permits, consents, approvals or other authorizations from all governmental or professional or other bodies having jurisdiction which are necessary for the performance of activities permitted under this Agreement. 8, LIENS. Grantee will pay all claims for labor and materials that may be furnished on its behalf', and will defend, indemnify and hold Grantor harmless against all Gens, encumbrances and claims that may be filed against Grantor's lands as a result of activities under this Agreement and all claims incurred and/or paid in connection with same. 9. TERMINATION 9.1 Failure to Complete Pipeline or Cessation of Use. If Grantee fails to complete the Pipeline within eight months from the Effective Date, or ceases to use and maintain the Right -of -Way or Pipeline for more than one hundred and eighty consecutive days at any time after the Effective Date, this Agreement will automatically terminate. 9.2 Interference with Grantor's Operations (A) If at any time after the Effective Date Grantor determines in its sole discretion that Grantee's operations, even if previously approved by Grantor, will interfere with Grantor's exercise of its rights to explore, develop, produce, remove, or transport oil, oil shale, ores, gas, or other minerals, Grantor may choose either of the following options: (1) Terminate the Agreement, subject to Section 10. (2) Require Grantee to modify or relocate the Pipeline within the Land or to other Grantor lands as Grantor may direct in order to eliminate the interference to Grantor's satisfaction. If Grantor elects to require Grantee to modify or relocate Grantee's operations under this Agreement; all of the following will occur. (a) (b) (c) The Parties shall execute a written amendment to this Agreement reflecting the modification or relocation of the Pipeline under this Agreement. If modification or relocation of Grantee's operations occurs prior to January 1, 2018, Grantor shall reimburse Grantee for its reasonable and actual documented costs of relocating the Pipeline, subject to Section 11 and Grantee's obligations to under Section 10. Effective January 1. 2018 and thereafter, Grantee agrees to modify or relocate the Pipeline at its sole risk and cost,and subject to Section 11 and Grantee's obligations under Section 10, QI,S No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution version 8 9.3 Upon termination of this Agreement under this Section 9 or any other provision of this Agreement, Grantor will have the option, in its sole discretion, to either retain the right to use the Pipeline subject to Grantee's obligations under Section 10.1, or require Grantee to abandon or remove the Pipeline under Section 10.2 and restore the Right -of -Way under Section 10.1. 9.4 Termination of this Agreement under any of its provisions shall not operate to extinguish any obligations of Grantee which have accrued at the time of termination, or which accrue upon termination. 10. GRANTEE OBLIGATIONS UPON COMPLETION OF PIPELINE OR TERMINATION 10.1 Restoration. (A) Upon completion of the Pipeline or termination of this Agreement under any provision of this Agreement, Grantee shall have thirty days from completion of the Pipeline or termination of this Agreement, as applicable, to restore the Right. - of -Way and all areas on Grantor lands areas disturbed by any activity under this Agreement to their original or better condition. If termination of this Agreement or completion of the Pipeline, as applicable, occurs after October, Grantee shall have until the earlier of June 30 or spring thaw of the following year to restore the Right -of -Way and all areas on Grantor lands affected by any activity under this Agreement to their original or better condition. (13) Grantee's restoration obligations under Section 10.1(A) shall include reseeding with seed mixes and planting trees approved by Grantor. Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation in the Right -of -Way. Reseeded areas shall be properly mulched except in pastures and hay fields. Grantee shall also spray all areas disturbed by construction to control noxious weeds for a period arm less than three growing seasons after completion of the Pipeline or termination of this Agreement, as applicable. 10.2 Grantor's Option to Require Abandonment or Removal. Upon termination of this Agreement, Grantor shall have the option in its sole discretion to require either abandonment or removal of the Pipeline. If abandonment is requested by Grantor, Grantee shall leave the Pipeline in a safe and well maintained condition. If removal of the Pipeline is requested by Grantor, Grantee shall have a period of six months from and after the effective date of termination in which to remove the Pipeline and to comply with its restoration obligations under Section 10.1. 10.3 Grantee Release. Upon the termination of this Agreement, in whole or in part, for any reason, Grantee will, within thirty days of written demand, deliver to Grantor an instrument in the county records that reflects that Grantee's rights to the Land under this Agreement have terminated. If Grantee fails to comply with this obligation within the time required, Grantee authorizes Grantor to file a notice of termination on Grantee's behalf. QLS No. Pipeline Easement Agreement. dated June 10, 2009, between Chevron and Enterprise Execution Version 9 11. LIMITATION ON DAMAGES. Under no circumstances shall Grantor have any obligation to compensate Grantee for indirect or consequential loss, including loss of production, petroleum or petroleum products, loss of prospective economic advantage or benefit, or loss of business opportunity, punitive or exemplary damages. 12. GRANTEE'S INDEMNITY. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. GRANTEE'S INDEMNITY SHALL APPLY EVEN IN THE EVENT OF AN INDEMNITEE'S OWN NEGLIGENCE, WHETHER INDEMNITEES' NEGLIGENCE IS SOLE, COMPARATIVE, CONTRIBUTORY, CONCURRENT, ACTIVE, OR PASSIVE, AND REGARDLESS OF WHETHER LIABILITY WITHOUT FAULT IS IMPOSED OR SOUGHT TO BE IMPOSED ON ONE OR MORE OF THE INDEMNITEES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 13. GRANTOR'S RIGHT TO SUSPEND ACTIVITIES AND TERMINATE FOR BREACH 13.1 If Grantee defaults in the performance of any of its obligations under this Agreement, Grantor may suspend activities under this Agreement at the sole cost of Grantee effective immediately upon Grantor's delivery of written notice to Grantee, and Grantor may enforce the performance of this Agreement in any manner provided in this Agreement or by law. Any attempt by Grantee to interfere with Grantor's exercise of its rights to suspend Grantee's activities for breach shall result in automatic termination of this Agreement. 13.2 Regardless of whether Grantor suspends Grantee's activities under this Agreement, if Grantee fails to perform any act required by this Agreement or otherwise comply with any of its obligations under this Agreement, Grantor shall have the right but not the obligation to take either of the following actions; (A) Terminate the Agreement if Grantee's default continues for a period of thirty days after Grantee receives written notice of default from Grantor, and Grantee has not either cured the default within the thirty day period or undertaken and QLS No. Pipeline Easement Agreement, dated June 10, 2004, between Chevron and Enterprise Execution Version 10 diligently pursued actions reasonably calculated to cure the default within the thirty day period. (E) After expiration of the thirty day period, Grantor will have the right, without further notice or demand, to enter the Right -of -Way, assume ownership of Grantee's personal property without the necessity of a formal conveyance or bill of sale from Grantee, and require Grantee to restore or abandon the Right -of -Way under Section 10 or undertake restoration or abandonment itself, without waiving any other remedies to which Grantor may be entitled. (2) Grantee shall fully reimburse Grantor for the costs of removing, storing, and/or disposing of the personal property. If Grantor elects to restore or abandon, Grantee shall also fully reimburse Grantor for the costs of abandoning or restoring the Right -of -Way to its original condition, If, within sixty days after the date of Agreement termination, Grantee does not fully reimburse Grantor for any of these costs, then in addition to Grantor's other rights under this Agreement, Grantor may dispose of the personal property, retain any proceeds from the sale of the property, and may recover from Grantee any deficiency. (B) Perform the act or obligation that Grantee failed to perform without terminating the Agreement, and Grantee will fully defend, indemnify and hold Grantor harmless against all costs and expenses incurred by Grantor in performing the act or obligation that Grantee failed to perform. If Grantee fails to comply fully with the terms of this Agreement, Grantee will be obligated to reimburse all costs and expenses incurred by Grantor in enforcing this Agreement, including but not limited to court costs and attorneys' fees. 14. INSURANCE 14.1 Neither the minimum policy limits of insurance required of Grantee under this Section 14 nor the actual amounts of insurance maintained by Grantee under its insurance program limit or reduce Grantee's liability and indemnity obligations in this Agreement. 14.2 Grantee shall maintain the following insurance and all other insurance required by applicable law: (A) Workers' Compensation and Employer's Liability Insurance as prescribed by applicable laws. The policy limits of the Employer's Liability Insurance must not be less than $10,000,000,00 per occurrence (B) Commercial General Liability (Bodily Injury and Property Damage) Insurance, including the following supplemental coverages: Contractual Liability to cover the liabilities assumed in this Contract; Products and Completed Operations; Explosion, Collapse and Underground hazards; and Sudden and Accidental Pollution. The policy territory coverage must include all areas where operations are to be performed. The policy limits must not be less than $10,000,000 combined single limit per occurrence. QLS No, Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 11 (C) Automobile Bodily Injury and Property Damage Liability Insurance extending to all vehicles provided by Lessee in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or S10,000,000 combined single limit per occurrence. 14.3 Policy Endorsements. (A) Grantee shall, or shall cause its insurer to, provide Grantor with thirty days' notice before canceling or making a material change to an insurance policy required by Section 14. (8) Waivers of subrogation in favor of Indemnitees must be included in the Workers' Compensation insurance policies required by Section 14.2(A). (C) The insurance required in Sections 14.2(B) and I4.2(C) must include all of the following: {1) (2) (3) Grantor shall be named as additional insured to the extent of the liabilities assumed by Grantee under this Agreement. The coverage provided to Grantor as additional insured must expressly include liability imposed or sought to be imposed upon Grantor for the contributory fault or negligence of Grantor to the extent that Grantee has assumed such liabilities of Grantor under the Agreement. A provision that the insurance is primary with respect to all insured, including additional insured, and that no other insurance carried by Grantor will be considered as contributory insurance for any loss, A cross liability or severability of interest clause which has the effect of insuring that each insured (including additional insured) is covered as a separate insured. 14.4 Evidence of Insurance. Before performing any operations on the Land under this Agreement, Grantee shall provide Grantor with certificates or other documentary evidence satisfactory to Grantor of the insurance and endorsements required under this Section 14 and shall reference the QLS No. at the bottom of each page of this Agreement when providing this evidence. Grantor's acceptance of this certificate does not constitute a waiver, release or modification of any of the insurance coverages and endorsements required under this Section 14. Grantee shall provide copies of insurance policies required under this Agreement if requested by Grantor. Grantee acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 14.4 may lead to termination of this Agreement. 14.5 Deductibles or Self -Ensured Retentions. Grantee is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Grantor covered by Grantee's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected of a prudent operator in similar circumstances. QLS No. Pipeline Easement Agreement, dated lune 10, 2009, between Chevron and Enterprise Execution version 12 14.6 Waiver of Subrogation for Grantor's Physical Damage Insurance. Grantee shall obtain a written waiver of subrogation in favor of Grantor from its insurers who provide physical damage insurance with respect to property used in the performance of operations. 14.7 Conflict with Applicable Law. Grantee wilt not be required to cant' the insurance coverages required in this Agreement to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable laws or regulations. 15. TAXES. Grantee shall promptly pay, before delinquency, all taxes and assessments levied or assessed upon or against the Right -of -Way during the term of this Agreement, by reason of, or resulting from Grantee's activities under this Agreement. Grantee shall reimburse Grantor for any increase in taxes paid by Grantor resulting from the value of the Pipeline and associated facilities, whether or not separately assessed. Grantee shall pay all taxes levied or assessed upon or against Grantee's Pipeline and operations on the Right -of -Way. 16. REMOVAL OF PROPERTY. All buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the Land by Grantee will not become part of the real property but will remain the personal property of Grantee. Upon completion of the Pipeline, Grantee shall no longer have the right to place personal property on the Land and shall remove all of its personal property from the Land within sixty days following completion of the Pipeline. If Grantee fails to remove its personal property from the Land within sixty days following completion of the Pipeline, Grantor will have the right but not the obligation, without further notice or demand, to assume ownership of the personal property without the necessity of a formal conveyance or bill of sale from Grantee or to dispose of the personal property and retain any proceeds from sale. Grantee shall fully reimburse Grantor for the costs removing, storing, and disposing of the personal property. If Grantor elects to sell the personal property and proceeds of the sale are not sufficient to cover the costs removing, storing, or disposing of the property, Grantor may recover from Grantee any deficiency. 17. NOTICES. All notices required or permitted under this Agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the attention and address of the receiving party set out in the signature page to this Agreement and shall reference the QLS No. identified at the bottom of each page of this Agreement. Notice may also be delivered by facsimile sent to the facsimile number of the receiving Party set out in the signature page to this Agreement provided that the original notice is promptly sent to the recipient by mail (postage prepaid) or by hand delivery. Notices sent by email are ineffective. Except as otherwise provided in this Agreement, notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this Agreement are ineffective, and do not impart actual or any other kind of notice. 18. CONFLICT OF INTEREST. Conflicts of interest relating to this Agreement are strictly prohibited. Except as provided in this Agreement, neither Grantee, nor any director, employee, agent of Grantee, shall give to or receive from any director, employee or agent of Grantor any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Grantee nor any director, employee or agent of Grantee shall, without prior written notification thereof to Grantor, enter into any business relationship with any director, employee, or agent of Grantor or any affiliate, unless such person is acting for and on behalf of Grantor. Grantee shall promptly notify Grantor of any violation of this Section 18. Any representatives QLS No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 13 authorized by Grantor may audit any and all records of Grantee for the sole purpose of determining whether there has been compliance with this Section 18 under this Agreement. . Grantee shall maintain true and correct records in connection with all matters relating to this Agreement and retain such records for at least twenty-four months after termination of this Agreement. 19. PUBLIC ANNOUNCEMENTS. Grantee shall not issue any public announcement or statement concerning the Right -of -Way or this Agreement without obtaining Grantor's prior written consent. 20. THIRD PARTY RIGHTS. No Person who is not a party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 21. GOVERNING LAW. This Agreement is governed by and interpreted under the laws of the State of Colorado, without regard to its choice of law rules. 22. RECORDING OF MEMORANDUM OF AGREEMENT. Grantee shall execute a memorandum for recordation purposes of this Agreement, on a form approved by Grantor, delivering same to Grantee for recordation in the Office of the County Clerk of Garfield County, Colorado. Neither Party shall record their duplicate original of this Agreement in public real property records. However, nothing shall prohibit any Party from filing a copy of this Agreement in a civil action to the extent necessary to enforce rights or obligations of the Agreement or as may otherwise be required by applicable law or by lawful order of any administrative or judicial proceeding. Grantee agrees that upon its receipt of the Memorandum of Pipeline Easement Agreement for recordation purposes from Grantor that Grantee shall file same of record and will deliver to Grantor, a copy of the recorded Memorandum showing the filing and recording information. 23. GENERAL PROVISIONS 23.1 Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the subject matter, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 23.2 Amendment. No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of both Parties. 23.3 Severability. Each provision of this Agreement is severable. If any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 23.4 Waiver, No waiver by either Party of this Agreement's terms, provisions or conditions shall be effective unless specifically evidenced in writing and signed by or on behalf of the Party granting such waiver. A Party's failure to pursue remedies for breach of this Agreement does not constitute a waiver by such Party of any breach of this Agreement or raise any defense against claims against a Party for breach of this Agreement. The Q1.S No, Pipeline Easement Agreement, dated June 10, 2004, between Chevron and Enterprise Execution Version 14 waiver or failure to require the performance of any covenant or obligation contained in this Agreement or to pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 23.5 Survival. Despite termination of this Agreement For any reason, all provisions in this Agreement containing representations, warranties, releases, defense obligations and indemnities, and all provisions relating to audit, confidentiality, conflicts of interest, insurance, disclaimer of certain remedies, limitations of liability, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. Each of the obligations and undertakings set out in this Agreement which is not fully performed at termination shall continue in force after termination. 23.6 Interpretation. Unless the context expressly requires otherwise, all of the following apply to the interpretation of this Agreement; (A) The plural and singular words each include the other. (B) The word "or" is not exclusive. (C) The word "includes" and "including" are not limiting. (D) References to matters "arising" (or which `arise" or "arises") "out of this Agreement" include matters which arise in connection with this Agreement or have a causal connection with or which flow from this Agreement or which would not have arisen or occurred but for the entering into this Agreement or the performance of or failure to perform obligations under this Agreement. (E) The headings in this Agreement are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Agreement. 23.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original of this Agreement, and which together will constitute one and the same instrument; provided that neither Party will be bound to this Agreement unless and until both Parties have executed a counterpart. 23.8 Drafting. Preparation of this Agreement has been a joint effort of the Parties and the resulting Agreement must not be construed more severely against one of the Parties than against the other. 23,9 Assignment. This Agreement is personal to Grantee, and Grantee may not assign its rights under this Agreement, in whole or in part, without Grantor's prior written consent. Grantor may withhold its consent or impose conditions for its consent for any reason or no reason. Any attempted assignment made in violation of this provision will be, in Grantor's sole discretion (and in addition to any other remedy available to Grantor at law or in equity), voidable and of no force. If Grantor consents to an assignment, Grantee and any approved assignee(s) will be jointly and severally liable for the performance of all obligations imposed upon Grantee under this Agreement, and such assignment must Q1S No. Pipeline Easement Agreement, dated June 30, 2009, between Chevron and Enterprise Execution Version 15 affirm Grantee and its assignee's intent to be bound by all of the terms and provisions of this Agreement and any conditions of Grantor's consent. Any assignment to which Grantor consents shall not be binding upon or recognized by Grantor in any way unless it meets the requirements of this Section 23.9 and a certified copy has been furnished to Grantor. The granting of Grantor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment that may be proposed or attempted will be ineffective without Grantor's prior written consent under this Section. 23.10 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its terms, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Agreement. The remainder of this page intentionally Left blank Qt.S No: Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 16 IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: GRANTOR: CHEVRON U.S.A. INC: Signature: Name: Title: Attorney -in -Fact ADDRESS FOR NOTICES: 11111 S. Wilcrest Houston, Texas 77049 Attention: Land Manager Ranch Manager; Craig Tysse, (970) 2$5-9722 GRANTEE: ENTERPRISE GAS PROCESSING, LLC Signature: Na e: -6-49Atfl 1. . xPer Title: ADDRESS FOR NOTICES: P.O. Box 4324 Houston, TX 77210 . � 1Jre0 Ao Attention: and � Facsimile: QLS No.. Pipeline Easement .Agreement, dated lune 10, 2009, between Chevron and Enterprise Execution Version 17 STATE OF TEXAS COUNTY OF HARRIS The foregoing Mugnt was acknowledged before me this day of My Commission Exre : ` t as Attorney -in -Fact for Chevron U.S.A. Inc. STATE OF TEXAS § COUNTY OF HARRIS The foregoing instrument was acknowledged before me this C1ttx (irk .- . G it LLC. My Commission Expires: \ 1Oio)e btveArk. �.... Notary Public 2009 by QLS No. Pipeline Easement Agreement, dated lune 10, 2009, between Chevron and enterprise Execution Version day of UX\e , 2009 by of Enterprise Gas Processing, • • *i • 41 18 EXHIBIT A — DESCRIPTION AND PLAT OF LAND AND RIGHT-OF-WAY QLS No. Pipeline Easement Agreement, dated June 10, 2009, between Chevron and Enterprise Execution Version 19 N EXHIBIT "A' 30' PERMANENT- RIGHT-OF-WAY & EASEMENT. CHEVRON U,S.A., INC. SOUTH HALF OF SECTION 1, T6S - R97W, 6741 P.M. GARFIELD COUNTY. COLORADO 0 200 ft 1000 R. Gojcrodo SI 1e Pions Control Sone, NAO93 T5S - R96W SEC. 33 S89'38'16"E 5,246.5' TSS - R96W SEC, 34 SEC. 2 NO1'41'56"E 6,916.8' N W COR SEC 1 THOMAS LATHAM DERRY / PETROLEUM SEC. 1 EXIST. EPCO PIPEUNE- . C/L OF PROPOSED 10" PIPELINE S88'18'04"E, 127.9' "POINT OF BEGINNING" NE COR SEC 1 L./ i0o n Ma 0 rz "POINT OF TERMINUS" CHEVRON U.S.A. INC._ PARCEL 2169-122-00-012 /_100x25T1•IA '/ // 11 11 RICHARD PRATHER 100'x25'TUA N01'41'56"E 274.6' SEC. 11 RECEIVER LOCATION 100'x59' SW COR SEC "PONT OF COMMENCMENT" SEC. 12 DETAIL' TYPLEAL ROW 692'00'TUA 40- FOUND 2,Yz7 BRASS CAP, U.S.G.LO. SURVEY MOSHUMENT, DATED 1917 (3" AT NE CORNER SEC. 1) SEE ATTACHED RIGHT OF WAY DESCRIPTION WHICH BY MS REFERiNCE IS MADE HEREOF. SURVEYORS STATIENT; I, GEORGE OLBERT, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. _kva REGiSr� °v :Ci3{y S 27610 GEORGE OLBERI/ o �: P.LS. #27610 g�`- E o off' Z 1/4 CDR SEC 1 SEC. 6 SEC. 7 NOTE: 1) BASE' OF DEARNC GPS OSSERVAT;ON ALONG THE NEST UNE OF SAID SECTION 1 AS DEFINED BY MONUMENTATION SHOVE HEREON. BEAR5: N01 41'Sa'E 2) DATE FIELD SURVEY; 5/27/09 3) INS SURVEY DOES NOT CONSTITUTE A mLE SEARCH TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. NO TITLE COMMITMENT WAS FURNISHED 11I 111E PREPARATION OF INS SURVEY. 4) SEE PAGE 2 OF 2 FOR EASEMENT DESCRIPTION. NOTICE; ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 18TH1N THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT, IN NO EVENT NAY ANY ACTION BASED UPON ANY DEFECT IN 1145 SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THIS CERTIFICATION SHOWN HEREON. pg. L` A I FQUNeN1ieR 1411 AIM MN es 1124641WW1 EXHIBIT 'B' 30' PERMANENT RIGHT-OF-WAY & EASEMENT, CHEVRON U.S.A., INC. SOUTH HALF OF SECTION I, T6S - R97W, 6TH P.M. GARFIELD COUNTY, COLORADO 30' 1NDE PERMANENT RIGHT-OF-WAY AND EASEMENT A 30' WIDE RICHT-OF-WAY AND EASEMENT LYING V41FHN THE SCAM HALF OF SECTION 1, TO®NS10P 6 SOUTH, RANGE 97 HEST, 6TH PRINQPLE MERIDIAN, CARFIELD CAUNTY, COLORADO, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED 8Y CENTERLINE AS FOLLOWS, COMMEN 90 AT A BRASS U.S.G.I<0. SURVEY MONUMENT LOCATED AT 1HE SOUTHWEST CORNER OF SAID SECTION 1; THENCE NORTH 01`41'55` EAST 81.092 THE AESIERLY LINE OF 6LC112N f, FOR A DISTANCE OF 274.6 FEET; THENCE SOUTH 881604' EAST AND PERPENDICULAR TO SAID 'WESTERLY LINE, FOR A DISTANCE OF 127.9 FEET TO THE 'PONT OF BEGINNING' Of SAID CENITRUNE; THENCE SOUTH 8617'13' EAST FOR A DISTANCE Of 1,059.99 FEET, THENCE SOUR4 28'47'17' EAST FOR A INSTANCE CF 88.25 FEET, THENCE SOUTH 40'51'34' EAST FOR A DISTANCE OF 99,76 FEET, THENCE SOUTH 81100' EAST FOR A DISTANCE OF 77.06 FEET, THENCE NORTH 8556'5T EAST FOR A DISTANCE OF 84.12 FEET, THENCE NORTH 78'50`10' EAST FOR A DISTANCE OF 119.44 FEET, THENCE NORTH 74'2S32' EAST FOR A DISTANCE OF 615.35 FEET. THENCE NORTH 79'38'51" EAST FOR A DISTANCE OF 150.71 FEET, THENCE NORTH 805502' EAST FOR A DISTANCE OF 88.20 FEET. THENCE NORTH 6817'09" EAST FOR A DISTANCE OF 139.70 FEET, THENCE NDR1F1 66'20'09' EAST FOR A DISTANCE OF 32.40 FEET, THENCE NORTH 5916'31' EAST FOR A DISTANCE OF 45.40 FEET, THENCE NORTH 48'40'06' EAST FOR A DISTANCE OF 37.10 FLET, THENCE »09114 42'59'58' FAST FOR A DISTANCE OF 64.30 FEET, THENCE NORTH 40'28'16' EAST FOR A DISTANCE OF 77.30 FEET, THENCE NORTH 39'22'20' EAST FOR A DISTANCE Of 56.60 FEET, THENCE NORTH 3701'37' EAST FOR A OISTANCE OF 20,40 FEET, THENCE NORTH 24'38'10' EAST FOR A DISTANCE OF 74.50 FEET, THENCE NO0111 2747'37' EAST FOR A DISTANCE OF 128.87 FEET, THENCE NORTH 20'55'51" EAST FOR A DISTANCE OF 330.42 FEET. THENCE NORTH 16'52'45' EAST FOR A DISTANCE OF 56.97 FEET, THENCE N0R1H 2900'32' EAST FOR A DISTANCE OF 188,74 FEET, THENCE NORTH 38'34'49' EAST FOR A DISTANCE Of 69.97 FEET, THENCE 140211-1 4610'04' EAST FOR A DISTANCE OF 106.01 FEET, THENCE NORTH 54'35'42' EAST FOR A DISTANCE OF 364.60 FEET, THENCE NORTH 500208' EAST FOR A DISTANCE OF 36055 FEET, THENCE NORTH 54'06'38' EAST FOR A DISTANCE CF 94.30 FEET, THENCE 90219 66'59'19' EAS{ FOR A DISTANCE OF 52.97 FEET, THENCE NORTH 80'36'15' EAST FOR A DISTANCE OF 161.10 FEET. THENCE NORTH 8802'15" EAST FOR A DISTANCE OF 657.24 FEET, THENCE SOUTH 84'51742' EAST FOR A DISTANCE OF 70.37 FEET, THENCE NORTH 6452'48" EAST FOR A DISTANCE OF 137.15 FED; THENCE NORTH 75'26'26' EAST FOR A DISTANCE OF 27.93 FEET, THENCE NORTH 3323'47' EAST FOR A DISTANCE OF 26,88 FEET, THENCE NORTH 18'48'56' EAST FOR A DISTANCE OF 217.41 FEET, THENCE NORTH 17'32'38" EAST FOR A DISTANCE OF 603.38 FEET, THENCE NORTH 19'31'09' EAST FORA INSTANCE OF 194.32 FEET, THENCE NORTH 364518' EAST FOR A DISTANCE OF 75.67 FEET, THENCE NORTH 5222'44' EAST FOR A DISTANCE OF 276 FEET, MORE 0R LESS, TO A PONT ON THE EASTERLY UNE OF 5EC110N1, SAID POINT 8DN0 THE 'POINT OF TERMINUS. THE ABOVE OESCR18E0 PARCEL CC LAND CONTAINING 205,691.2 SQUARE FEET OR 4.727 ACRES MORE 0R LESS, HAVING A CENTERLINE LENGTH OF 6863.79 FEET OR 415.99 RODS MORE OR LESS. 99249 OF WEARING FOR THE ABOVE DESCRIBED RIGHT-OF-WAY AND EASEMENT 15 NORTH 01'41'56' EAST ALONG THE WESTERLY UNE OF SAID SECTION 1. SURVEYOR'S STATEMENT: I, GEORGE OLEIERT, A LICENSED PROFESSIONAL, LAND SURVEYOR iN THE STATE OF COLORADO, D0 HEREBY STATE THAT A SURVEY OF A TRACT OF LAND AS SHOWN HEREON WAS MADE UNDER MY DIRECT SUPERVISION IN THE MONTH OF MAY 2009 AND THAT OF SAID SURVEY IS ACCURATELY SHOWN HEREON. GEORGE OLBERF- P.LS. #27610 REG *FST 40.00 CH. 3401 MEAS N 8820'13' W 2840.8 MEAS. 11478 REG. 16.47 04. 0 0 'IN 1 iM LOT 8 ,. LOT 9 Nn w0. go oz 50 STA. 0+00 LOT16 Ot40'21" E 2&e lv LOT 12 Chevron LOTA RIGHT--OF-WAY EXHIBIT WITHIN SECTION 6, T65, R96W GARFIELD COUNTY, COLORADQ MEAS. N 882023" W 2638.5 / REG *EST 40 00 CH. MEAS. '1 88'1530" W 2638.4 R£C. *EST 4900 04 MEAS. 1627.6 REC. WEST 81.97 CH C. 25.90 // LOT2 LOT 3 LOT1 nt Ar 0613.14'E I TIE r-4--o-F3(765--E - �+4 If i 1458.81 to C.0 I LOT L0T8 PROPOSED 500%500'0 LOT / LAUNCHER 511E I STA. 60+92.00 CHANCE IN PERMANENT ROW r0DTN, 1 / I END CONSTRUCTION ROW E I 1 7 r 43thale Oil Go.._ I 1 1 / LOT 11 / If 6 8 <R Shale Oil Co. RE N 01'40'lO' E - 3965.90 lo CC i LOT 13......_ --N x,rAe -.fa 44 k13 rE 5 011010' W' 80831 I r S 1 to^>" if{ I. }-L6 0, IN LOT 15 LOT 14'', S 6 14 RE 5 0110'54' -2341.57- 12 1 RE 5 011I'4r"w 2363.51 /Chevron , Chevron Shale Oil Co. ', Shale ail Co. LO7 47 u`° SCpA L1 �iOW IDG' goHSTr?tFGt 'VW- _. - -I 1 "qn s z , i I 8 o l` Y EL,GE .H1, p�RoN.07.84 4 .. 1 ` f -`t_-- 30' PERMA*ENT RO>�-_ I 1----1hD'WsEiTNfr i I q . i----1.1- 1 I LOT 16 LOT 16 MEAS 5 6822'39' E 2841.610 WAS. 1464.1 MEAS 1177.7 REG 22.18 CH. R -�'F3 REG AST EG 17.82 CH 41.94 CH. RCC. EAST 40.00 CN. 75' Construction RIQht-ofwa7 width Teal dial0nae atone CantArsine 60➢240' Total rods adeno csntai6u _142.21 Vol ono of ROM-Of-W.T1D.8ZAcr s 8 30' Conefruc*on $Iphl-of-807 01411, ToIoI 01.0.,.. Mar, Cenlsrltne_AWAY Tolol reals caong cfntorldpa J184.2f Tolol omit of Right-0f-Woy[_4.20^ Acr4s * Apporo.'l recorded a4marshtot Ch.cr0n 58.1. 011 Ca. 100' Remount Rlyhl-of-4rer 01418 Total distanc. along C:elulins rnn.nn' Tolol rods aloha corderl1n. 6. Total oro 01 Rlph1-Ot-W0rr24-. Acres f Appor.nl rceord.d 000frship: 0hwfon Shop 041 Co. No1f: So,ig of baori0p0 o44 04 bearings based from OPS 0bsyoT11ons. Horizon/of Detam boar:, on 010+0rado Stale Pfone Coordinate 5ra1.m COUM Ions HAD 83, -SEAL- LOT4 O qlx- .*: cQi:: plo LOTS 2 06 ` oi \ vi LOT 12 LOT21 LINE ABLE r71IIIIII�AY5T I fly l [T3Li. I. Hrn4rT 110.121 [ILI IXIIINIEWOIn: IMIMESCEMCi [ .7 EIFUIZEMERICAI BM 1.11N.117M4 ISMEMBERVAITS1111Mg IMIMMEME MR.1 >EDY.ThLMI PEINFZIE211 111:121 'TMIMITENI 'Woo' .. ,. ! , ,. ill : ,';• ' Mali 4 4 8 to 1 1111 'IYS.if�Q satin A.3tIifi IN MICEL 1I&1t11 I0. 8 7-13 R. I 111/3ELEEREMIMENIEUEIIIMIll ®[ , ZEA ill 3 40 Rl hi PEDIEI �iC >]Itkk,T. jI. LENIZ WIl IS .60 /5I 4 " •. 1 ®04 8045'48 Eum 8.1951 ten 044 N )0 951 E 14200 LEGEND ROW CENTER UNE - - EDGE PERMANENT ROW ^•--`•-----• E8S0NC P10i%INC - EXIST7NO ROADS (01.H0 a0 047RYEr MARKER O MONUMENT NOT FOUND OR SEARCHED SURVEYOR'S CERTjj;jCATE 1. W1111Ai1 F1 OOLUNAR, shot. Mel l an by 0ecupat1on a r.pllrli]ed fond om(4 9WW 4,11Pkyod by Errfrrprise 0111001 SW oo. 11.0. to mokr Ina aurrsy 011 Thlr 0!9a1101 of ray or .hewn err 11(10 ln.p, and Mot Nr. +array of sold 00,01 r mode by prna0n.( bods my .7..clron, and fh0f rash su" y h aaounl.ly npnrsnfad en 15,. mop T0tQ.1I04/atcno4 6 Pm/mamma RAr.D1e0 See aheol 2 of 2 for 1e9o0 description WILLIAM H. SMITH d£ ASSOCIATES P.C. SURVEYING CONSULTANTS' 068 8830 880000 140198 1140001 807-875-3438 005121 ppmn .,rw RMreirhpeaatnfn w'-‘00-6'="4 RIGHT-OF-WAY PLAT SECTION 6, T65, R9691, GARFIELD CO., COLORADO ENTERPRISE FIELD SERVICES LLC LWANr4 8r^ Ei0 DATE; 06/07/2062 CNECI D BY., ROTR.SOUL: 610iro. 496 NQ 26099 88(01010'? RIGHT--OP-WAY DESCRIPTION A strip of land for the purpose of a permanent 30' and 100' pipeline right-of-way as well as a 75' construction n'ghl-of-way located In Section 6, r 6 5, R 96 it' of the 610 Princlpat Meridian, Garfield County, Colorado. Said right-af-way being !n multiple lengths described or /allows: Beginning at o point al Sta. 0+00.0 being the beginning of 30' permanent right-of-way, 15' on each aide of desoribed 11ns, also being the beginning of 75' construction right-of-way where as 60' being on the most Northerly side of daaorlbad line and 15' hafng on The Southerly aids of described fins said palnf being located on the Township line between Section 1, T85 R97W and SeaNen b T65, 696W, from which the Northwest corner of said Section 6. being the original resurveyed USGLO Closing Comer brass cap, bears N 01'40'20" f, 3965.90 feel and the West 1/4 earner of said section 6, being me ariglnal resurveyed USGLO brass cap, boars 5 01'40'10" W 608.31 foet; thence, N 52'72'47" E, 91.00 feel to a point at (Sta. 0+91.00); thence: N 76'25'30` 6, 162,50 feel le 0 point al (510. 2+53.50 thence: Al 81'43'09" E, 654,20 feet to a paint of Mo. 9+17.70); !hence: N 85'11'56" E, 515.20 feet 10 a polnl dl (I/O. 14+32.90); thence:11 87'47'37" 5, 294.30 fes1 le a polo! at We, 17*27.20); thence 11 82'46'45" £, 419.50 feel to point of (Sta. 2f+45.70): thence: N 79'32'06" 6, 541.50 feel to a point al (Sfo. 26+88.20); !hence: N 82'02'06' 6, 165.80 feel to a paint al (51a. 28+54.00); thence: N 73'04'05' E, 266.90 feet to a pelnl al (Sfo. 31+20.90); thence: N 6155'31' 6, 56.30 leaf 10 0 paint of (Sta. 32+07.20); !hence: N 62'10'35' E, 136.50 feet !o a point 01 (512. 33+43.70); lhenpe: N 50'45'48" £, 289.30 feel to a pain! at (510 36+53.00); !hence: N 44'05'57" 5, 133.40 feat to o point at (51o. 37+65.40); thence: N 54'04034" E. 48.00 feel la a point of (Sta. 38+14.40); thence: N 42'01'03" E. 233.70 feet to a point al (Sta. 40+48.10; Mance: N 40'29'01" 5, 135.90 fret lo o point 0 (Sta. 41+84.00); Mincer N 45.24'25" F, 399.40 feet to a point 0 (512 45+8340); !hence: N 48.07'46` E, 350,50 feel to a point of (51a. 49433.90)! thenar. 14 5.'30'43' 5. 89.40 feel fo o point of (Sia, 50+23.30); thanes: 14 54'45'43' E, 282,00 foal la a Solo! at (Sfa. 52+85.30); thence: 14 50'21'15" 5. 453.10 feel to a point al (Sta. 57+35.1); thence: N 58'29'28" E, 15.1.80 feet la a polo! 0 (Sta. 58+92.20); thence: hf 6709'08' £, 157,80 lee1 10 a pain! al (50. 60+50.00); thence: N 77'19'51" 6, 42.00 feel 67 a point at (Sta. 60+92,00); al a paint being the end of 75' censlydotion right-of-way and 30' permanent rlghhrof-way, from which the Norlheasl corner of said Section 6, being the original resurveyed USGLO Closing Comer Om cap, bears N 06'13'14" 5, 1487.91 feel and Me West 1/4 corner of Seaton 5, rss, R96W, heing Ms original resurveyed 6/5610 brass cap, bears 5 01'1054' E 2341:57 feel, said palnl also being the beginning of 100' permanent r1910 -0 -way, 50' on each side at line. thence: N 77'19'W 5, 100.00 feel to a point at (Sto. 61+92,00); +aid point +10+ being the end 0 line be sold Seclr'on 6, Pram which the Northeast corner of sold Section 6, being the ariglnaf resurveyed U561.0 Closing Comer brass cap, bears N 02'30'05" E, 1458.61 feel and the West 1/4 corner of Section 5, T65 59611, being the original resurveyed USOLO brass sop, bears S Offl'41" W 2363.51 feel Said 30' permanent rightrof-way is 6092.0 feel In length, or 369,21 rods, and contains 4.20 acres 3. Said 75' construction ,1901 -of -way is 6092.0 feet 1n length, er 369.21 rods, and contains 10.47 acres t. Sold 100' permanent right-of-way is 104 teal In length, or 6.06 rads, and aonlains ,23 acres +. 905i3 of beerings are grid bearings based from CPS observations, Hortaonlal Datum based on Colorado State Plane Coordinate Syslem Central Zone NAD 83. 0,114 41.11!CTI9e 4 peel/$10nalte eUTAWa WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS +eo 61,arnt 9146+6107-319. ops +014 ry+00140+00 l o 0 hpceem 167-019- RIGHT—OF—WAY LEGAL DESC. SECTION 6, T6S, 896W, GARFIELD CO., COLORA00 ENTERPRISE FIELD SERVICES LLC ORAIwt 9Y. tib 6116 £0 DY,'AND,SCALE N/A 0015, 01(07/2009 ,109 NO: 26099 514EE1 2 04' 2 EASEMENT AND RIGHT-OF-WAY AGREEMENT THIS EASEMENT ANI) RIGHT-OF-WAY AGREEMENT NT (the "Agreement") is entered into nd effective July 1, 2009,(thc "Effective Date") between Puckett Land Company, 5460 South Quebec Street., Suite #250, Greenwood Village, CO 801 l 1 ("GRANTOR") and Enterprise Gas Processing, LLC, 1100 Louisiana, I louston, TX 77002 ("GRANTEE"). 1REC [ALS A. Grantor represents but does not warrant that it owns an interest in the surface estate to the property described below ("Subject Lands") and located in Garfield County, State of Colorado described as follows: Township 6 South, Range 97 West Section 23: SW/4NW/4, SW/4 Section 2 5: W/2 S W/4 Section 26: NE/4, l /2SE/4 Section 35: Lots L2,3,4 (All) "Township_ 7 South, Range 97 West Section 1: W/2SW/4 Section 2: E/2E/2 Section 11: E/2NE/4, NE/4SE/4 B. Grantee desires to obtain a pipeline easement for the purposes stated hereinafter for a pipeline ("New Pipeline") for the gathering and/or transportation of oil, gas and other hydrocarbons across the Subject Lands. ACRE MEI rr In consideration of the foregoing recitals and the terms, covenants and conditions contained herein, Grantor and Grantee agree as follows: CONSIDERATION: Grantee shall pay Grantor on the date of execution of this agreement, the of . (equal to the sum of per rod for an estimated 1321 rod easement Agth plus for the construction. and temporary use during construction of the New Pipeline of nine (9) staging areas and the construction and use of up to three (3) access points plu: for the installation of a Launcher -Receiver) for Grantee's use of the right-of-way and easement to install a. ten inch (10") pipeline, all as depictedon the attached Exhibit "A". In addition to the above consideration Grantee shall also pay Grantor no later than three (3) business days prior to beginning construction a fee in the amount of for Grantor's onsite supervision of the construction. Immediately upon completion of the construction of the New Pipeline and prior to initial reclamation. Grantee shall pay Grantor a fee in the amount of for Grantor's onsite supervision of the reclamation. PIPELINE & ROAD ACCESS RIGHTS-OF-WAY: The easement and right-of-way (the "Right - of -Way") herein granted shall be to construct, lay, maintain, modify" operate, alter, replace and remove the New Pipeline, including but not limited to valves, regulators, meters, separators, purification equipment and pipeline with fittings, appliances, appurtenant facilities, including one Launcher -Receiver aid Nine (9) staging anas, the dimensions of which shall not exceed 100' X 200', thr use only during the initial construction of the New Pipeline (TUAs —Temporary Use Areas) as depicted on Exhibits "A". The New Pipeline shall be used for the transportation of oil, natural gas, petroleum products or -other hydrocarbon liquids, gases or substances associated with the production of oil, natural gas and petroleum products produced from the Subject Lands or adjacent lands and for no other purpose (the "Permitted Purpose"). The approximate pipeline route for the New Pipeline is depicted on Exhibits "A", attached hereto and made a part hereof Said easement and right of way shall be fifty feet (50') in wilt j , for a total distance of approximately one thousand three hundred twenty-one rods (1,321 rods). The pipeline location as shown on Exhibits "A" is subject to change upon receipt of a final survey and inspection by Grantor of the staked pipeline route. Grantee shall provide to Grantor within 30 days of completion of New Pipeline construction the final "in -ditch" as -built survey together• with shape file (Nad 83) at no cost to Grantor. At least fifteen (15) days prior to commencing a construction activities on the right of way and easement, Grantee shall assemble a meeting. with Grantor and Grantee including all of Grantees contractors who will participate in the construction of the New Pipeline and at least five (5) days prior to such meeting Grantee shall provide to Grantor a construction plan setting forth in detail the operations to be undertaken and the methods of construction to be employed in clearing the Right -of -Way and installing the New Pipeline and related equipment together with proposed preconstruction schematics depicting the location of the New Pipeline and all related equipment. Grantor's receipt and review of the foregoing information shall be solely for Grantor's convenience and shall not in any way be deemed as an approval by Grantor of any of the designs, plans, operations or activities of Grantee. Grantee shall bury the pipeline with a minimum of thirty-six inches (36") of soil from the top of the pipeline to the normal surface of the ground. Except where Grantee's activities will interfere with irrigation ditches, streams or creeks, then Grantee shall bury pipeline with a minimum of sixty inches (60") of soil from the top of the pipeline to the surface of the ground. The affected areas shall be recontoured and reseeded with species, which are consistent to adjacent, undisturbed areas upon completion of pipeline construction to prevent erosion. Grantee shall be permitted to cut all undergrowth and other vegetation within the Right -of -Way that may injure endanger or interfere with the use of the New Pipeline. Access to the Right -of -Way from the existing road shall be limited to three access points with said access points to be agreed upon by Grantor prior to beginning construction of the New Pipeline. Grantee is granted a fifty foot (50') wide_r-ight of way, nine staging areas (11 A's), and three access points as depicted on the attached Exhibits "A",in order to construct the pipeline as set forth hereinaih the event at anytime during the life of this agreement Grantee or its employees, contractors, sub-contractors, agents, invitees or penmtees venture off the Right-of-Way ay or utside the designated TUAs or access points it shall pay to Grantor the greater of(1.) liquidated damages in they amount of per occurrence or (2) any and all actual damages incurred by Grantor in any way arising out of or related to Grantee's unauthorized presence on the Subject Lands. Any damages amounts due Grantor hereunder shall be paid by Grantee within fifteen (15) days of receipt of Grantor's statement itemizing such damages. Multiple or repeated violations of this restriction of Grantee's presence to the areas covered by the right of way and easement or failure of Grantee to timely pay damages as provided hereunder shall be a material breach of this agreement for which Grantor may, in its sole discretion, elect to terminate this agreement effective upon Grantee's receipt of written notice of such termination from Grantor. For reasons of potential damage to the surface Grantee is hereby advised that no construction activity shall occur from February 1s1 to May 1st, 2010 without the express written consent dale Grantor. Access to and use of existing roads located on the Subject Lands granted under this Right -of - Way is for the sole use by Grantee and its employees, contractors, subcontractors, and agents .for the sole purpose to access the New Pipeline during its construction and future maintenance and not for any other purpose. The road shall be properly maintained by Grantee during the course of s operations. Grantee shall abide by a twenty-five (25) m.p.h. speed limit while traveling on all roads on or adjacent to the Subject Lands. Grantee may request from time to time, to lay within the Right -of -Way described above an additional pipeline(s) for the Permitted Purpose alongside of the New Pipeline. Grantor reserves the right to approve such request on a case-by-case basis. Upon such approval Grantee shall pay Grantor, it's heirs or assigns for each additional line a. sum of money equal to the consideration paid for the New Pipeline and Right -of -Way easement within 30 days of such written approval and prior to commencement of additional pipeline construction. Grantor reserves the right to the full use and enjoyment of the Subject Lands except for the purposes herein granted. Such rights reserved to the Grantor may include the conducting of haying, irrigation, and grazing operations. and Grantee agrees to coordinate post construction . and maintenance operations with all such activities. In no event shall the location of this Right - of -Way unreasonably interfere with use of the Subject Lands for commercial development of any kind, or oil, gas, or oil shale development. The foregoing rights and privileges of Grantee arc further conditioned upon the following: DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its operations on the Subject Lands relativeto growing crops, buildings, ditches, fences and livestock of Grantor or Grantor's surface lessees. If Grantee retakes any fence cut on the Subject Lands, it will install and provide for secure closure of gates. Grantee shall notify Puckett Land Company of any activity that may impact Grantor's use of the Subject Lands and adjoining acreage. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found. upon entry. If Grantee discovers an open gate then Grantee will close the gate and notify Grantor. All equipment or appurtenances to the pipeline or wells, which shall be on or above the surface of the ground, shall be installed i. a manner to protect the livestock of Grantor or Grantor's surface lessee when necessary. Grantee shall not alter the natural flow of any creeks, streams, storm water features, or irrigation ditches relative to the Subjects Lands. OPENING AND RESTORATION OF FENCES: Opening and restoration of Grantor's fences shall be made at Grantee's sole cost, tisk and expense as follows: Prior to cutting grantor's fences, at each fence opening Grantee shall tie the existing fence into a three -post, pipe "ft" brace built pursuant to the following specifications: Eight foot (8') by six inch (6") .treated posts shall be set at least forty-two inches (42") in the ground and shall be braced to take the strain. Center crosses shall be placed a minimum of thirty-six inches (36") above the ground. Grantee shall install fence stays every four feet (4') in all temporary gates installed in Grantor's fences. Grantee shall install a fence around all mud pits. Said fence shall have pipe "11" braces with five wires. Grantee shall install posts every twelve feet. Grantee shall be responsible for preventing Grantor's livestock from escaping from or enabling livestock of others frcnn entering through any fence openings resulting from Grantee's construction activities. If a. gate is left open, Grantee is responsible for the cost involved in gathering the cattle that escaped. The rate will be $120 per day for each cowboy needed to recover any escaped livestock plus reimbursement for damages. If it is determined that the livestock can not be recovered within a cost effective amount of time, Grantee shall have the option of compensating the Grantor for the actual loss incurred due to the loss of livestock instead of continuing to attempt to recover the livestock. Upon Grantee's completion of the construction, repair, maintenance, or alteration of the pipelines, Grantee shall promptly rebuild permanent fences equal to or better than the existing fence. Both Grantee and its contractors shall first consult and obtain Grantor's approval for location of fence work, materials and construction applications. Grantee shall use 1%/%" staples, wood posts, Colorado Fuel and Iron (CF&I) heavy-duty steel posts and CF&1 barbed wire to rebuild Grantor's fence and consult with Grantor for approval of the fence builders that will do the fence replacement. Fences shall not be considered equal to the existing fence if the posts have been undercut or brush has been shoved into the fence. If Grantee has disturbed the ground, plowed mud, or added other material within three feet of a fence, it shall be Grantor's judgment as to what fence is not equal to or better than the existing fence. If requested in writing by Grantor, Grantee will also install pipe cattle guards of sufficient size and substance to bear Grantee's traffic and to tum all livestock. Such cattle guards shall not be installed without prior approval of Grantor and shall be installed in such a manner as to prevent water draining into the cattle guards, placed at a height so they are visible to cattle from reasonable distance, and shall be cleaned and otherwise maintained by Grantee. Quality metal gates shall bc a minimum of ten feet in width, shall contain either a metal gate or electric fence and shall be placed across and adjacent to the cattle guards. LIVESTOCK: If any of the Grantor's or Grantor's lessees' livestock are injured or killed by the direct or indirect actions of the Grantee or its employees, contractors, subcontractors, agents, business invitees or other visitors the Grantee shall pay the Grantor the veterinarian, medical or other costs to rehabilitate an injured animal, or reimburse Grantor or Grantor's lessee(s) the value of an animal killed or euthanased, according to the following schedule: Cows: Replacement cost of a bred heifer or , whichever is greater; Calves: Market value of 700 lb. calf or , whichever is greater; Bulls: or the acquisition price for that animal, whichever is greater; Dogs: Current market price or the acquisition price for that animal, whichever is greater. 1 -Horses: Grantor shall, on an annual basis, provide to Grantee an Inventory of its horses as well as the horse's market value. Grantee agrees to reinibui'se Grantor the value of the horse based on. the Inventory in the event the horse is killed by the direct or indirect actions of the Grantee. Said value of each horse not to exceed Other domesticated Livestock: Current market price or the acquisition price for that animal, whichever is greater. MAINTENANCE: All access roads, fences, and gates impacted by Grantee's use or operations which are subject to this Agreement shall be maintained by Grantee in as good condition as exists at the Effective Irate of this Agreement, ordinary wear and tear excepted. Grantor shall give Grantee written notice of degradation or damage to the Subject Lands caused by Grantee's operations. Regarding the ni.aintenance of the existing roads Grantor intends at a time of its choosing and option to draft a Road Construction, Maintenance and Access Agreement with respect to the roads that cross its property adjacent to and including the Subject Lands. As a condition to this Agreement, Grantee agrees to enter into with Grantor and other third parties such agreement regarding the construction and maintenance of such roads and agrees to pay its proportionate cost thereof. WEED CONTROL: Grantee shall be responsible for controlling all noxious weeds, including without limitation, halo Eton, cocklebur, Canada thistle, knapweed species, leafy spurge, houndstounge, musk thistle and whitetop species on the Subject Lands. Grantee sh.all also be responsible for preventing such noxious weeds from spreading to Grantor's lands adjacent to the Subject Lands. In the event such noxious weeds spread to (:Grantor's lands adjacent to the Subject Lands, Grantee shall be responsible for controlling the noxious weeds of those lands as well, provided that those portions of the Subject Lands affected by the construction of the right-of-way were free of such noxious weeds prior to such time of construction. If the lands immediately adjacent to the Subject Lands are not free of such noxious weeds prior to construction of the same, Grantee's responsibility shall be limited to reasonable control of such noxious weeds on the Subject Lands. 1f Grantee locates or Grantor notifies Grantee of location of noxious weeds on the Subject Lands, Grantee shall implement control procedures before noxious weeds go to seed. Grantee's responsibility for weed control shall be ongoing and shall. continue for three (3) years after the Subject Lands have ceased to be used by the Grantee for the purposes herein granted. Such control as set forth above shall at the very minimum conform to those established by the Bureau of Land rvianagement. NON-EXCLUSIVE USE AND RESERVATIONS: This Agreement and all other rights hereby granted are not exclusive to Grantee and are limited to the specific grant herein. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Grantor reserves unto itself and its successors and assigns all rights not specifically granted to Grantee herein. Grantor may grant additional rights-of-way or easements on, over, across, under and/or through the Right -of -Way to any third party for any reason, in Grantor's sole and absolute discretion, so long as such grant does not interfere with Grantee's access rights as described in this Agreement. AGRICULTURAL LIABILITY: Grantee shall take reasonable precautions to avoid damage to agricultural operations on or adjacent to the Subject Lands. Grantee shall have and assumes liability for all cattle, crops, or chattel lost as a result of Grantee's operations on the Subject Lands. LOCAL SPECIES/HABITAT LIABILITY: Grantee shall have and assumes liability for all endangered species, protected species, wildlife habitat and bio -diversity damaged or destroyed as a result of Grantee's operations on the Subject Lands. LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify and hold harmless Grantor, its officers, directors, employees and agents, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including but not limited to reasonable attorney's fees and costs incurred in defense of Grantor, its officers, directors, employees acid/or agents), for damage or loss in connection therewith, which may be made or asserted by Grantee, Gr'antee's officers, directors, partners, members, employees and/or agents, or which may be asserted by any third party (including but not limited to Grantor's officers, directors, employees and/or agents), on account of personal injury or death or property damage caused by Grantee's use of the Subject Lands or the rights granted hereunder, except to the extent such damage or injury results from the actions of Grantor, its contractors, agents or assigns, Where personal injury, death, or loss of or damage to property is the result of the joint actions of Grantor or Grantee; Grantee's duty of indemnification shall be in proportion to its allocable share of such action. It is expressly agreed that the indemnity obligation specifically includes, but is not limited to, claims arising under the provisions herein entitled Agricultural Liability above, and all federal laws and regulations including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. &960I et. seq. ai. amendments, Resources Conservation and Recovery Act, 42 U.S.C.A. &6901 et. seq. and amendments, Safe Water Drinking Act, 42 U.S.C.A. 300f et. seq. and amendments, Toxic Substances Control Act, 15 U.S.C.A. &260 1 et. seq. and amendments, Clean Water Act, 33 U.S.C.A. &1251 et. seq. and its amendments, Clean Air Act, 42 iI.S.C.A. & 7401 and amendments, Natural Gas Pipeline Act, 49 'U.S.C.A. 1671 et. seq. and amendments, Hazardous Liquid Pipeline Safety Act, 49 U.S.C.A. 2001 et, seq. and amendments, and all state and local environment laws, rules, and regulations. Neither party shall be liable to the other for any damages due to fire, earthquake, flood, windstorm and other like casualty or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, neither party shall be required to settle a labor dispute against its will. LAWS, RULES, AND REGULATIONS: Grantee shall at its sole expense comply with all federal laws and regulations as well as those of the State of Colorado and any other governmental authority having jurisdiction over Grantee's activities on the Subject Lands. Grantor may at its option request copies of any permits, and cultural, botanical, and wildlife reports covering Grantor's land and adjoining Bureau of Land Management land. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, transfer, purchase or sale of illegal drugs, narcotics, or other unlawful substances and materials by Grantee or its contractors, sub -contractors, agents, business invitees or other visitors while on the Subject Lands or adjacent lands. The use, possession, transfer, purchase or sale of alcoholic beverages, firearms and other weapons upon the Subject Lands or adjacent lands is absolutely prohibited. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or adjacent lands and no such rights are granted by this Agreement. WATER RIGHTS NOT CONVEYED: This Agreement does not, in any way whatsoever, convey to Grantee any water rights or the right to use water on, under or appurtenant to the Subject Lands. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs, running watercourses, and water tanks within 330' of the center line of the right-of-way insofar as damage can reasonably be determined to be the result of Grantee's operations. ACCESS TO PIPELINE: Grantee agrees to install a tap on said pipeline in fTBDJ legal location). Grantee agrees to accept Grantor's gas at the tap on a best efforts basis. Grantor's gas must be of pipeline quality. Grantee and Grantor shall negotiate a gas gathering and processing agreement. Vhere weed control and reclamation of the Right -of -Way requires the application of a treatment or seeding Grantee agrees to hire Vintage Ranches, LLC to perform all the spraying on Grantor's property. Grantee and Vintage Ranches, LLC; shall enter iiito a contract to perform such services at rates competitive in the industry. (Vintage Ranches, LLC is affiliated with Puckett Land Company.) NOTICE: Any notice or written demand to be given to Grantor or Grantee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended. Notice shall be deemed given upon receipt. Puckett Lind. Company Attn: Ray Anderson 5460 S. Quebec St., Suite 250 Greenwood Village, CO 80111 Phone: 303.763-1000 Fax: 303-763-1040 Enterprise Gas Processing LLC .Attn: Land Department 2727 North Loop West Houston, TX 77008 Phone: 713-803-1000 Fax: 713-803-2726 'TERM: This Agreement shall remain in effect for a primary term ending June 1, 2010, and for so long thereafter as Grantee; or its successors and assigns, are using said Easement for the purposes described above. If, after this primary terra, operations for the transportation of natural gas cease for a period of more than twenty-four (24) consecutive months, then such operations shall be deemed not to be conducted and this Agreement shall terminate, except when non-use is caused by acts of circumstances beyond the control of Grantee. In addition to Grantor's termination rights set forth above in connection with Grantee's unauthorized presence on the Subject Lands,._Grantor may terminate this Agreement for ca.use_at any time after the end of the primary term by giving written notice thereof to Grantee. Cause for termination shall mean, in Grantor's sole discretion and determination, that Grantee has committed a material violation or breach of the terms or conditions oCthis agreement and/or engaged in_williul misconduct. The termination notice shall set forth the reason(s) for such termination. Grantor shall be given thirty (30) days from receipt of the termination notice to cure the specified violation or breach to the reasonable satisfaction of Grantor; provided, however, that if the breach or Violation cannot reasonably be expected to be cured in such thirty day period and Grantee has commenced and is continuously and diligently prosecuting curative efforts within such thirty day period then the cure period shall be extended for so long as Grantee is, in the sole opinion of Grantor, diligently and continuously engaged in curative efforts, not to exceed one hundred eighty (l. 80) days from the receipt of the termination notice. In the event Grantee fails or refuses to cure any breach or violation within the above described cure period, then this Agreement shall terminate., Following termination of this Agreement, it shall be Grantee's obligation to restore and reclaim all land affected by Grantee's activities to the extent required by applicable law or regulation established by the Bureau of Land Management or to its equivalent prior condition (ordinary wear and tear expected), whichever is greater, including, but not limited to, the removal of facilities. DUST CONTROL: Grantor agrees to water roads on the Subject Lands or use other reasonable measures to reduce excess dust from road use during drilling and completion operations. GOVERNING LAW: This Agreement an si matters pertaining hereto, including_ but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretation or construction. shall be governed and determined by the laws of the State of Colorado. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee and any prior oral representations or understanding concerning this Agreement or its subject matter shall be no force and effect. This Agreement is subject to all contracts, leases, liens, easements and encumbrances or claims of title. which may affect the Subject Lands. and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. The terms and provisions of this Agreement shall extend to and be binding upon the parties_ their respective heirs, successors. legal representatives and third party assigns. Grantee shall have neither the right nor the power to assign this agreement, in whole or in part, to another party without the prior written consent of Grantor. Grantor may withhold it's consent to any such proposal or attempted assignment for any reason or for no reason in its sole discretion. Grantee shall pay Grantor for the sum of ten thousand dollars upon execution of this Agreement for Grantor's document preparation costs. MEMORANDUM OF EASEMENT AND RIGHT-OF-WAY: Grantee shall cause to be filled of record a fully executed and acknowledged original. Memorandum of Easement and Right -of -Way, in a form reasonably- acceptable to Grantor and Grantee, and shall promptly provide to Grantor a recorded copy thereof. Such Memorandum shall be recorded in the appropriate real property records of the county in which the Subject Lands are located. THE REMAINDER OF THIS PAGE IS INTENTIONAL' Y BLANK. THE SIGNATURES ARE ON THE FOLLOWING PAGE. IN WITNESS WHEREOF, the parties have executed this Easement and Right -of -Way Agreement the day and year indicated below but effective: on the date first sot arth above. GRANTOR: PUCKETT LAND COMPANY e2td y: Matthew A. Wu GRANTEE: aches, President ENTERPRISE ERPRISE GAS PROCESSING LLC Date: 9 By: Michael A. Todd, Attorney -in -Fact Date: STATE OF 2,61 COUNTY OF ACKNOWLEDGEMENTS The foregoing instrument was acknowledged before me 1 this _._-day of .i , 2009 Notary Public My Commission Expires: !% -4) / STATE OF )ss COUNTY OF PUCKETT LAND COMPANY 6/10/2009 RIGHT -OF --WAY EXHIBIT "A` WETHIN SECPONS 25, 24, & 35, T6S - R97W & SECTIONS 1,2 & f T7S __ ROW, 6TH P.M. SARFJELD COUNTY. COLORADO PUCKETT !.Anti CO. !/ f OXY 4 1 2G'u0 iL Cvm rcl 7.44 n. Nr'Cls1 1- Ll r.# 7 f-• >YI �, rtl [ A,':,1 YP1LAL OFF SEC DETALI_ 3? ▪ f1AS1S Cr DEARING. CPS IINSLRVAia 1 ALCM) ThF EAST'DLY LINE RE u 1lr'ft111EASF 41%ARTF:fi Or SFCfl II 11, TiS AS DEFYET BY N3t.JMFNTAI111: SHf.iWJN -LR1 CF^1 REARS S I'34'46' '> PATE ri g -ti SERVE,'. 11.'C3/03. HAIL' Lasf PiF:L! RCVIEV 1/20/09 31 SURVEY 1D„ TUN SI41J5.M: FF.nF.ON 1S DA SE II 11N GPS SURVEY SET TO CoLORAlll C£t1IRAI. SEAL,'- PLANE COORDINATES AT GRID ELEVATION. 4> THIS SURVEY T17CS NOT C•ONSTITIIfE A r!rLt SEARCH TO DETERMINE OVNERSHIP Ck EASCI,.;ViS NT TITLE CD/MEWL-NT WAS t3URNI5-LFt IN THE PRFPARAI DIN ft TI:•IS SURVEY. SCE SHEET 2 S ] IIS s FCR n'I'iHf-P'F"-':.:f F Sr RIPrr91t ATTACHED W.4ii H NY THIS REFERENCE IS MADE FI'_REl:F. • ACCORniNG TO COLCRAD)II LA',/, Y.111 MUST CUMNENCL ANY _.GAL ACIIDN BASED Pr1N AMY DEFECT `N T151S S'J Vk.Y 4!!FHIt4 THti%F. YEARS AFTER 7COJ FIRST DISCOVERED SUCH IYEFECI. fN N11 tVGNf MAY ANY ACTION BASED UPON ANY AFFECT IN 'IHSS SURVEY BE C3N'4NNCEE1 M.P,E MAN TSI+ r5ARS rRi14 WE DAN OF 1315 CERTIFICATES • row.in 2 1;2' TRASS ^a' -I' U.S G.6.'a SURVEY MO,\JNEI•IT loll' FLl!NT O1 ntioolikrO rcC- ?ftNF {Ir roti SENCE G POT= POINT t= TERMINUS IdCIW� RIM1T-.OF-w'AY IUA- TEMPORARY :JrSAREA fitEVE ?DR .,$i T IEILT., I, Uf11R13£ O'LD RT. A 1.1 CENSE 11 PR37 ESS EC, NAL LAND SURVEYOR 1N THE STAT (F' (Irk rRAnr1, Lm HLNENY SIATL flier A SURVEY I.W A TR:AC1 Or LAND AS St IOW11 HEREON VAS :MADE- L!NE;F_N FY DIRECT SUPLRvISi7'1 111 ?H> 11E3NTH OF i..1VEl`IBLR 2002 AND T4IAT OP SAM SURVEY IS ACCURATELY SHINN NEREf1N. 1 IT 1 „,..-3,-,L.__/ I , �. ,Vc' n - , I FOR !,AuNCHER Slid--.� ,,,'' ^_c ',5-xl&' ACEI:: s ROAD `4 '; f (S7,E NOTE. DETAIL DESC. fiFiEET 4, i'.XPIIEiIT "c ) PL1:Kr;Tr SEE. 23 12S-R97k 4.2')50')41C13' I NA—..l SP.'xNE rUA. ▪ UC1E3I SEC. 26 TEs t:-3c'i 7l> PUCKE : f S F::. :l'i CGS -R97W •AS1 Y, C;RNR T 6 s - R'-.3 ] 5,/ FI;{'KF_ 11 - Ai SFC. 2.1 P,'"' ( -f+r,YS+AC:: 1.0' 'LA -ERA_ yJ K_TSEC, 25 Tss--ria ;r PtCICC TT 14)S ?975d ^- -UOI TT T7S-'R97k' SEC, 2 T7 S -R975, {2.).3. '-if11D!s34 L_.. PUCkETT SIC, L T7S-R97i, S!-I'EL1.. FRONTIER :]?t. AND' AS ,fnff q .1I. 1 r.1:E-/,,r'i r. 1.,.1..;•.i.fjl.r(ll!)� —I FIl;arl 'vr+tiSI- BF1/,IJ _l3J2I7 — N 2f'.14'67' POI Iwor, to. 12499-190&-064 1^ RIGHT-OF-WAY EXHIBIT "B-1" WITHIN SECTIONS 25. 26, & 35. ToS - R9)W SECTIONS 12 &J1, T7S R97W, GARFIELD COUNTY COLORADO PUCKETT LAND CO. CENTERLINE DESCRIPTION OF A 50.00 FT;01 VII DE W\YAN5J1MEN 1 CENTERLINE OESCHP11011 F09 A Fi ry (50.00,) Foci,: 1/OF Rini 1 -OF - WAY 3141) EA SEMEN 1 INN SEC TIONS 25, 26 & 35, TOWNSHIP 6 SOUTH, RANGE 9/ EST, ANO srtnowi 1, 2 AND 1 05I4SHI[ 7 50001 UNF; 0 97 '305T, 6T1-1 PRINCIPLE MERIDIAN, GARFIELD Co1INTY, COLORADO, 5313 CEN TERLIt.IE 50 MORE TICUL ARTY DE SCP.T0E0 35 F OLLOWS: COMMENCIK AT A 3RASS 010. MONUMEN _1 At HE LASI QUARTER CIPNJ? OF -ST'n,-CroN 2,-10wN5Hip 6 501110, RANGE 97 VsRST, 6TH PRINCIPAL METi401411; THENCE 500I5 350243" 17ST FOR 3 DISTANCE 01 3155.93 FEET MOF:E. 09 LESS TO h POAT ON 'TIT[ SOUTHERLY Hh OF SAID SECTION 2.i, S410 POINT 1E11 TITE "POINT OF RECINNINC" OF 530) CENTERLINE; THENCE_ SOUTH 184824' EAST FOR A CISiANCE OF 90.47'; THENCE 50011 11'14'35" WEST [09 A DISTANCE OF 82.50'1 IHENCE SOUTH 5'36'22' EAST FOR A DISI-ANCE OF 49.74'; THENCE SOUTH 28'31'22" EAST FOR A DISTANCE 06 46.51'; THENCE SOUTH 43'50'57" EAST FOR A DISTANCE OF 42.90'; THENCE SOUTH 1.10'29'20" EAST FOR A DISTANCE OF 39.60'; THENCE SOUTH 7033'33" EAST FOR A DISTANCE OF 56.69'; THENCE SOUTH 480056" EAST FOR A DISTANCE OF 111.56'; THENCE, SOUTH 365521" EAST FOR A DISTANCE OF 100.01'; THENCE' SOUTH 383823" E.A51 FOR A DISTANCE Or 1441.00'1 IHENCT 500514 I8'19'45" EAST FOR A DISTANCE OF 25.67': THENCE: SOUTH 6'49'10' EAST FOR A DISTANCE OF 41.20': THENCE: SOUTH 13'53'40" ViES f 005 A DISTANCE OF 813.73, THENCE SOUTH 13'13'41" KIST 9014. A DISTANCE OF 63.64', THENCE SOUTH 0'08'55" EAST F09 A oisTAlicr: 00 43.1,5': IHENCE SOUTH 16'25'46" CAST FOP 3 DETANOE OF 583.16'; THENCE SOUTH 11-iENCE SOUTH niErice: SOUTH TNiENCE S01311-1 'THENCE SOUTH THENC.F. 500151 THENCE SOU1H 7HENCE SOU15-1 THENCE SOUTH THENCE SOUTM 1HENCE SOUTH 5'51'53EAST FOR A 0:573899 OF 25.66'; 9'27'04" V','EST FOR 3 01513590 00 11'35'07" WEST FOR A DISTANCE OF 147.12': 411'57' 8991 FOR 3 DISTANCE OE 55.15'; 203924' OAST FOR A DISTANCE OF 345 92'; 304518" EAST FOR A DISTANCE OF 47.28': 43'43'39" EAST FOR A DISTANCE OF 509.00'; 8'56'48" EAST FOR A 1.41STANCf:. OF 1'55'57" EAST FOR 3 DISTANCE or 14-5.67'n 17'49'20" 8951 1011 A 1)1513000 OE 160,90'; 15'45'11" 7/051 FOR A DISTANCE OF 541.11.: THENCE SOUTH 5'38'26" E,ST FOR A DISTANCE OF 1847.85', NENCE SOUTH 7'51'22" WEST FOR A DISTANCE Or 273.84'; THENCE 50078 934'26" WEST FOR A DISTANCE 06 1132.67': THENCE SOUTH 1'28'57" V,1757 FOR A DISTANCE. or 214.58', THENCE SOUTH 21397" EAST FOR A USTANCE OF 587.10'; THENCE souk 213'21'42" EAST FOR A DISTANCE OF 526.00'; THENCE SOUTH 292138" EAST FOR A DISTANCE OF 683.00'; THENCE SOUTH 0'27'21" 11E11 FOR A 01513099 OF 66.74; THENCE SOUTH 35'34'03" EAST 1I0R A DISTANCE OE 46.88'; 100899 SOUTH 15'56'19" EAST FOR A InTANCE OF 50.43'; TIIENCE SOUTH 9'12'49" WCE1T FOR 3 DISTANCE OF 85.41'; THENCE SOUTH 1415'00" WEST FOP 4 015145CE or 323.51'; TiENCE. SOUTH 2'42'21" EAST FOR 3 DISTANCE OF 160.45'; THENCE SOUTH 7'09'30" EAST FOR 4 015 131190 01' 84.59'; THENCE SOUTH 1221'48" WEST FOR A DISTANCE- Or 47.90'; THENCE SOUTH 24'06'25" %UT FOR 5 DISTANCE OF 41.47'; THENCE SOUTH 31'35'16" WEST FCR 3 DISTANC OF 337.91'; THENCE SOUTH 20'3203" 'WEST FOR A DISTANCE OF 197.25% (CENTERLINE 2 CONTINUED ON RIGFIT-06-0 EXHIB1T 50E1E1 SITPMFYIR gip (F:Nr.::t.. 1, GEORGE OLDERT, 4 InIcErisca PROESSIONAL LAND SURVEYCP. IN THE STATE or cr_-.LoRAou, NE:RL.,iny STATE IHA T /, SURVT.:( e)' A TRACI LIF LAND AS 51.10V5 HEREON 1145 NAM Li -NUR NY DI.RECT st;PERv;sioN Tri 'TIE NaiTH Lr NovEnica 2005 P.011 V-14,1 SURVEY rs SHINN liEfW.H. ,--....-e7,5(3...4.-0-). 7 .1-•,. ,7 0 C 21 CEOROE OLBEf ., .31 P1_,S #27610 NE_LE.s• _ 5:4515 1.113S,ER VA 1 LON ALONL !IL LASTCRLY L1).JE NOQTErILASI DUARTE,: nry,or, AS 1,t,"vr,ICD 12,!" sk1(n.41 HERE -EN. REARS- s I' 54 42.' 1 DATE FILL SUR ViTY: :1/53/10 DMC LAST "(.a.0 REvLC‘,/ • RIGHT-OF-WAY EXHIBIT "B-2" WITHIN SECTIONS 25, 26, & 35, T6S _ R97W & SECTIONS 1,2 & II. T7S - R97W. 6TH P.N. GARFIEL.FJ COUNTY. COLORADO PUCKETT LAND Co. CENTERUNL DESC9iPTI01. (CONTINUED 5900 P.IGH1--0'-- M' EXI-S3I "8-1', SF ET 2) [HENCE SOU FH THENCE SOUTH HENCE, SOUTH THENCE SOU 8-1 THENCE 500111 THENCE. SOUTH THENCE SOU11# THENCE S011111 THENCE 50',I91 THENCE Sal 11-1 THENCE: SE3UTrl THHENCE. SOUTH THENCE SOU FH THENCE SOU1H THENCE SOUP! THENCE SOUTH THENCE 509111 THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOU10 !HENCE SOUTH THENCE SOUTH THENCE SO11TII THENCE 500111 THENCE SOUTH THENCE SOUTH THENCE 500'10 THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE 500 T11 23'41'59' ihuir FOR A D;STAMCE 09 1033'; 18'53'01" Wait FOR A DI5TALICC 'OF 105:36'; 14'58'39" WEST [09 A D:.S7ANCE. Of 342,30'. 17'1410" WEST FOR A DISTANCE 09 577.99'; 17'!8'22" 195T FOR A DISTANCE OF 326.19'; 14' 45'54" WEST FG1t A 015 4 99E f19 !40.07': 11'58'47" WEST `•( W 7i A UTANCS 59 ]GCI.53'; 14'57'19" WEST F'09 !, D1'1ANCE 09 193.0W; 26'116'59" 10951' FOR A DISTANCE OF 66.BS'_ 3734'42" 10951 FOR A 21014099. 99 147.111.; 29.0115'75" WEST F02 A. 3E STA^ICE OF- 99.31'; iP'i8'17" WEST 909 A OiSTANCE OF 255,45; 21'21'20" 1'1-51. FOR A JlS ANC[ 0E 799.38'; ;8'59'51" i6=, i FOR A 191/4095 OF 180.43'; 11'22'23" T1SS 9(19 A OISTAI':iCE OF 56.08', 0.04'42" EAST FOR A 0151AN95 0.1" 42.38'; 14'30'10" EAST EOR A DISTANCE Or 11'2.91'; 29i9'38" EAST FOR A DISTANCE Cr 91.02'; 33'02'31" E451 FOR A 5514095 01' 60.95'; 45'22'24" Eflst hilt A (11S AN0 Of' 188.7'; 39'00'27" EA51 FOR A DISTANCE U 72.23'; 33'22'33" EAST FOR A DISTANCE OF 45'53'10" EAST FOR A 0151417CE 51E 85.66'; 49'33'56" EAST FOR A DISTANCE 09 112.14'; 40'32'35" EAST FOR .A 1'l?STANCE GF ,;0.93'; 27'03'15" EAST 9110 A ();13 TAKE 09 53.90'; 7'57'32" 9451 FOR A LISTANOE OF 56.52'; 2'34'22" '1^9 Y'. FOR A 313TA1-10E 09 181.13'; 13'29'26" BEST FOR A 0151499E 05 245.05'; 9'01'37" WEST FOR A DISTANCE OF 370.10'; 4'56'10" EAST [09 4 O;STANCE CF 105 51' 9'50'13" EAsr FOifl A OES ANC!. 99 790 0 MORE 09 LESS TO 1115 "9019 i 09 TEA1.T44LIS"; THE 40OVfi UI:SCRIOLU PARCE#.. OF LA'lD 00NT.4INIF',9 8816,7.36 `50u49: FEET OR 20.4 ACRES MGRC OR LESS, HAVNG A CFNI'ERIJNE LEOGIH CF 117,7347 FEE' 0R 1,074.8 E40OS 0095. 09 LESS. jLi3;:.YC ',3J"] E.H9l5 I. GEORGE EELDERT, A LEC.ENSED PRGESSIIJT- I,ANR SURVEY11R 11.' 'IHlI STATE TIF CDLEII'A]G. PEI HEREBY S"AIE THAT R SUKY[Y CF A iRI,vT OF LAND Al SIiENT.; H[i[IIN WAS HAIIE LUN13_R ?•!Y OIRLC] l I4 CRv;SI0' Il 111E HI;NTH 6F '1:IVET+.i{ER 2008 AND 11111 0" SAW SURVEY IS ACCO A1'EL.'t SHTDdt4 F:EREG`i ti 0R0E 0L135(44 f12'610 1> E.A S!S Gf D , [1'15, c'S 11II [RVA 9119' A:.f1Va THE EASTERL'' LINE JI 1110 'rL'l1Il :Fti1 WARIER Ef SEMEN H, T7: '971,' AS DEEMED BY 1'UEOHEf114T1E?Ti 1-EREUN, DEARS, S 1.34'45' W UAT9 "HELD SURVEY: 11/03/I8s 9e'.TE LASH E-GLG REVIEW, 1/JG'J9. FQR1RUNNER t1“.•11.111•.• leo4 .1 4 ,i,. I SW, 1, 05-4. Is'- rrr". xn 124994805-O04 131911T -CF -WAY EX -11[91 F "C" WITHIN SECTION 23. T6S •• R97W. 6TH P•1', GAR f2LD COUNTY, COLORADO PUCKZTT LAND CO. (DE TM_ REFERENCE SHEET 1 OF 4) ;Yf-SC!tIPIILON OF, A NXI 1001 HY 2i)CJ 1001' F?:(>Ii:-0 -WAY AND :-ASEmEKT '0,11OIIl SECi:L}Y4 _S, 101WWNS0l1' ii SOLJIH, ;AMA 97 WEST, 6`:11 PRINCIPLE N-FF:1)1A1•i, 1 AR'IELD ('011IT1', C LORAGC, SAID FAS1.AiL`IT BEING 0 )RE. PPAiraCILATLY DESCRIEBEO AS FOLLOWS: CUS'?1=NCil-4.; AT TFG NOR11'EASI CORNER Of SAID _,.:'f[L .JSiqc; COT41Lti I3EiNG MARKED Orli A LTS. .� Sli9V Y MONUMENT, DATED 1917; TIIENCE SOUTH 81'22'07` 14: ST FOR A DIST/N'CE OF .3105.M FEET TO 'VE POINT OE (3?„ (;IH1'ING OF SAID TRACT; TiiINCIT SOU 111 56'48'4-4" ,11(51 i 0 l A 1 SI A.aN .,E OF 200,00 ((01: THENCE NORTH 64'11'166" WEST FOR A. DISTA,,1C.E Cr 100.00 FEET: THENCE NORTH 20'48'41" EAST Hill A iUISlANCE l)' 2(i;i.Ui,' FE=_ 1; THENCE 'SO1J11-1 6411'16" Lf;;ir FUT a tl;iTAN-C( el 100.00 FEi'.f TO Ti -'L P011! OF 3r:GINNING, THE ArBGLE CIESCABPD PAliCFL OF LAND C OIN1i' OIFJG 217,000 FEET OR 0.616 ACRES MORE GR LESS • i r1 N. f`J, ' •'l ,,. ;-/.,_ '� �ori r1.\f\; \ --Pop/ II 1 11 1 `LI jai + l; i v. . C: , C^ v f) r 011 IITi 1J n '6S-'1297'66 •�,1 ,$; cp. 1t/ SUx lCY SIamEta, 1, oEFRT•E OLBERT. A LCCENSCII FR7=CSSIOi•!A., &Nit SURVEYC1R Ul THE STATE 13, COLORANO, 10 IICRFI1Y STATE THAI A SURVEY W A !RAC; UI- LANs) AS SHOW! 11=RESIN WAS MADE ;1ilkR �lY 1i1- CI TL!YCRVIS100 lOJ THE MONTIi 01 JANUARY 2009 111111 Ti1:lT DF SW) SSIRVCY ;$ AG1_;•IaAiELY SHWN HEREON. !• ZE0 tE (1L8J -r P.L.S. 1/22610 r Iw1t.al = I':il1Nll t J/2' it ASS CA., 0 S1J-l'V';Y '+C1,41,.th;NI- P•w9= PO1N1 )r 13EctilIJi0Ii, NC110T CW C1111-ENC2NG USC Af�£fl fJr�7TFC_ €; 1I1 L1. HEl R€I;G• i,PS 1T4SCitVATI1rd At.3i1G Tiir >13v. Tl i;"ti1,Y LI111_ OF 01C NV/ -1 cr r;ILiN 2-0, 160 S97S.W A$ Ccr.N1E RY I1 i1J'1rNT:,TIlli SHll,-ra la♦~1dl_OR S[Y.;1i 'iT 'A'• SIIEFF ! Il( 5). liCA1.s, S U3•5i'-'c2' E. /1 1141E [9111.0 )tl VC'r, i/30/2009I PATE La^,T f3f.l-3 ?E'.•IL .°' 7130•'03. la_syi-n yKOffI At F611URURHER :MT. NU. 12499.11105-10P RIGhT-OF-WAY EXHIBIT:A". WITHIN SECTIONS 2,3 & 24, T6S R97W, ,E,TH GARFIELD COUNTY. COLORADO PUCKETT LAND CO, P,24..9y - td.rm. ria-wRi.r L ......6.1 i,ltj RLPDA.1.1 JACK RADJU •.A PDC ,!..T,^:F. SEG. F.4 ). CortNA at'a. NA09.3 =, :iEif-J'EiNIC'E SECTIEN k'3 — / CHEVRuN C, SW15%347 % . W CGRNER akc Piano ,' 20' LATERN \ . ---1---- — f i — s r.F.ILVER.,i.ALINCHi; LIJC: AT 11-3N --.,, „. \ •1_.- • 1=:".. CEL IDETCAEL i& DESCR1P TIEN N- f' '._,,,,,------_,_. A ' , .(z...7. 10 ;.„ b L.4 ox's' 1 UM0a 0 ' (15 cL POD= PflCm ruA7, 1. i 11%ft- ! (c) CASCADE '----' i_ATERAT,_ cc:Aiv- to' i.3,7:-.7.RAL PROPOSEI HAYSTACK - IV LiL.ftRALO PLCK7,1"1 SEC 26 PUCKE T SF C. 23 T6, S --R971,1 MAY51,1CK :V LATERAL f : F.. arraaw.. L1` , ;v. PUCK T T SEC. 24 T6S R)1 V.; // I -- LAS T TON 23 1GS •097W /I) d?„V' / ,/ (e) PIPELLN:: SEGUENT DETAIL REF•ir:R.ENCr; L.`C Oitk7 PIPELINi!": F.F!iitIENT TJETAII, F4&F ERT:NCE: CSC]: 5!-1i_.!_:! ruuNo ak!.11.SS LW' LI_SoSLAI, SuRVErT mONUIIENT CENTITL/*: vtPEL.ENE.'. PEIMT MAT or ciimmEocINC POWar ILRNINUS -VAY l'ENY1J4ARY USE AA qvi F, GEoRnE:ai,...TtuRT, A I. Ir.ctisED LAND SURVEYOR ]Hi; SAC Lf coLE.RADo, ]io srATc THAT SURVEY LW A 1RA0T (.4NT) AS SI -0./14 HERECM NAGE UNDER MY DIRECT SUPERVISMiq IN TiE N.OriTti OT JANUARY 2009 AND 111,1r or SAW .SLIRVE.Y iS ACCURATELY S'OUVN -.• ..9.1P- • . 8 216'10 , GEORGE 01,0_0 #27510 , `•• :4AL ?LiCkt—t7 NEC. C5E-IR9 7‘..1 l) 0ASINL BEAPINO. !IPS frnISt:RvArM2N1- ALONG TmE NOR1HE4VY UNE DF THE 4'',,1"4 OVSRCTI,=IN ▪ T Wilk,' AS 1!ESINE6 !J1 H ERETIN, REARS: 9RNM2' C HELD uvr L/()/01 !JAM: LAST !'1H.L1, SA.Z!Vri riA7tP, iLERCON IS FIA.SE3 ;;Ps 5AiRVEY SET TO cu.()(/AU aNINAL s[Air, AT 3R1D PLO:AUG:1 4) THIS f.'„uRvEY ACES NOT UNSTITLOt A TITLE SLAI.:.!.:14 711 001Fere,4r. EVAN:14S'1,1r: f!R 1:::A.W•mf.:NTS • RECURC, NO TEILE CONNSTVLNI 'VAS Fo.rins.5ru PREPA4'..ArtrN OF THIS sue,Ly. y RN31/ 11, --WAY ULSCRP11110 • IALNE11 'WNW!! BY 1M' '!..!'.E.Ri:NIT IS NAE 04' ACCORDING 10 alrcRAnci YEU VUST CG,1VEN1E ANY ...E0AL. ACTID: RASED 1.'7N U3T,C1 ON 114(0 SI:WEY ViiKN 71 -PEE YEAT.. MIER YO(3 rtn" DISCWEREP UOCELT 10 N0 EVEN1 MAY ANY AClIrjrq RASLD twE14 ANY NJ -CU 1N THIS SuRvcr 26 t0m0Tv:C10 HART, 11-1411 TEN YEARS ri:lp 1,4%, 1401 ry 11-N0 CHRliF (CAMN rorcEnliTiPlea na. 111, • 12499-11rn5 31, IfL,J r 1 RIGHT-OF-WAY EXHIBIT WITHIN SpCTIOFVS.23 8 2L TGS - Rg7EN, 6TH l'.NI. GARFIEI'.:[1 COIJNTY. COLORADO f 0111(577 LAND CO. CENTERLINE DESCRIPTION OF A 50.00 FOOT 5111.1E RIGHT -OE -VAT AND EASEMENT C;f•.NTF.RUNE LES{:i`vWT!0N FOR A FIFTY 150.007 FOOT WIDE RIOITT-1 "-WAY Alf) E/ UNIEE11T 11 HlN S£C1IONS 23 & 24, Ffl?i54ir F SOUTI , RANGE 91 •.L-1, 6-T9 1' '4CIFl.I-' 1.5 1DIAN, 4;A'r":F€FI,O GOIJ(41" COLORADO, SAID CENTER...INF 01-19E.; 1,4116E PAR-ACIiL:"•r I.."." CE`c#:I0,0 IN 1;,01 ('ARTS A5 FOLLOWS: CEN TERTINE COhIMENCIII AT THE NOR1HLAS1 CORN:9 0 5411) SECI:ON lt, 5911) CORI.;I; 5t'tNC3 MANE() IST€( A U.S. SHEFVEY 13.ON'JMEN 1, DATED IGT 2; THENCE- SOUTH $8'0222" EAST 11093 THE NORTHERLY LINE OF THE 1.40.1-1':)IEE.T" (1;i5RTCR ;11;11`/4) OF SAID SLCIO4 24, f0R A 1IS P.NLL Ui' 224.111 FEET ) "1'0411 GF OL(.1.19d!"iC, 1" i)= A1) CENTERLINE; 1HENCE 301(111 09'0=1'ii" '5::51 09 n 1.1STANCO OF 12.0,84'; THENCE: SOUTH 7016'1S' v S1 Ft7i2 k D;SI'/A:CL OF 111,92': THENCE 5011114 64'28'22" WI:ST FCIR 5 CISIs,NCF Of 70.71'; OF 77.51'; 0= 110.62'; OF 124.95; OF 135.19', OF 7,90.5 OF 21.98'; 071452" '."V.;1T F13R A 0ISTANCE OF 238.04'; 89'30'70" WEST FOR A OISTANC'- or 49,1.35'; 85'37'05" WEST FOR A 0!S IAFt(;f OF 386.46'; 7015'02" WEST FOR DISTANCE OF 376.90': 77'51'05° W551 FOR DISTANCE OF 203.61': THENCE SOUTH 882114" 151.:,? FOR A DISTANCE OF 2.19.02; 1HENCF 501.1111 55'.33'20" 'I&ST FOR A DISTANCE OF 32.40`; THENCE 5011111 36'38'4!)" ?i'i; S T 508 OIS i SN OL E1F 39.67'; TI1E(455 SDUT1i 25'48'44" WEST 509 A 01555951. (JF 238.06'; 1HE14CE S0'.1TH 353T211" Y4EST F-09 A OISTAFICI_ OF THENCE SOUTH 52'59'25" WEST 109 A DISTANCE or 41.51'; THENCE 501,111 53'31'07" 11551 [08 4 61515955 OF 267.22` , 1T!1_NCL SOUTH 57'17'4," WSST F012 h f.%•TAN1:t'. OF 4€3.71'; THENCE SOUTH 40':28'57" WEST FOR 5, 01555955 CF 93,57'; 19596.E 5011111 ,34.45.14" WEST FOR A 171571190E €11 101.51': 51IENCE. '.iCU'1'H 32'09'05" W551 FOR A 15555165 05 1 58,5.1'; 11)1.955 SOUTH 29'12'37" WEST FOR A DISTANCE 0/ 14.113'; 19095' 500TH 31.59'15" %EST 50'R ,1 (JSFANCL OF 69.60'% THENCE 50059 3T-52'213" 5551' 509 A 1119559045 .05 304.12'; THENCE 'SOUTH 35'54'5.3" WEST 559 A ;,:STPICE OF ,r-,)7.60', THENCE.. SOUTH 43'34'19" WEST (09 A 015/5955 CF 167.11': THENCE 500714 48'213'37" WEST FOR A DISTANCE 05 1833.0(1': THENCE 501110 68'19'02° 'WEST FORA 51 5510E OF 48.50; THENCE SOUTH 21'40'58" EAST FOR A 0151sot 01 71.54'; THENCE SOUTH 4'58'11" WEST :-09 0157590 OF 61.71'; THENCE SOUTH 57'43'11" WEST F09, A 01555905 01' 142.62' E'U A ='l?:N T, 5440 Pu}I-IF 05(50 "10!91 05 ()FUNNING 2"; THENCE C0N11NUINO SOUTH 57'43'11" vi'EST FOR A 01STANCE OF 4.666'; THENCE 500311 24'51'21" WEST FUR A Di5TAN{,f'. OF 655.85'; THENCE SOUTH 64'33'13" 5555 FOR A 91555955 OF 256,10' MORE 09 1E55 TO ''POINT C'-' TERMINUS 1"; THENCE. S0U1I1 THENCE SOL:Tii THF,NCE SOUTH 11IENCC 500579 FHEN05 5001I T11FNCE 500TH THENCE 50071.1 THENCE 909111 THENCE 908111 THENCE 010970 790}91~5 500TH 43'03`(18" WEST 508 A DISTANCE 30 235;9" W 55 FOR A Dili oCS 59':7'14' WEST F09 :S 0151'5901 7010'28" WEST x509 01STANC0 7E1'08'35" 5155T 509 A 01STAf'd : 81'30'55" ','&S' 509 A 015551-101` CENTERLINE 1 PARCEL CI LANE], 00145515i95 .1011.006 5Q0595. FFFT OH 8.,3 ACHES !l095 OR LESS. HAJINO A CENTERLINE 1595111 0r 7,220.16 FEET 09 43 7.Ti 9509 0095 CR LESS. AND •C511(5RIINF 2 - 7151 SHEET 3 ATTACHED AND A (x5(1( 05 "THIS ')E;6.C€RiPT10E1) S'Ui4Y.EYIIiLSd4T tEtal 1. CED(5E DLDER4., F LICENSED ?RCrEsslul•nL 14JI1VEYbld i`( THE STATE. 111 5514;FnDfi, T.I] HER{AY STATS THAT A SURVEY 115 A TRAc1 05 LAND AS SHI3i.'N HEREON '.161 MADE UNDER HY 514£5) SUPERVISION 04 THE. (4011(1 115 .4'ANO 11Y .2014 A)E11 THAT CF SAID SURVEY 1$ AGURAlELY SI'01.'14 11514017). GEORGk- 04175145 1-.L,5. 527610 • 27,610 :}.211:51 [) 4Aa.iS 01 11f64111. )F'S 111S0RYATICIN AI,UNti 1111'. r.Uk1„Ll1 )' LI NC 1' E: ILOTl v 24, 1'65 8971.' A$ cCSIN50 44 1X1,41.1.1F.1TAT.=.I.') Suri:h 1 I[RF0r.= 514151 1 DF 4). 9::ARs, s 538'001.' L. 8) :ATE FIELD :IUFIYT Y- I; 1;1,89; RAT! LAST 5.45(1 1(70/19. FOR R RLON NF,R Oe.. N9. 12449.1 rro5rtr03 RIGHT--OF-WAY EXHIBIT "B-2" WITHIN SECTIONS 23 8, 24...16S ; GARi_LGLD CUUNI_Y, COLORACQ 1'UI:IcETT LAND Co. CLN9ERLINIE 2 (CONTINUED FROM "RIGHI--or-wA.Y EXHbII1 3--I, 911:F:i 2); COMMENCING A SAIL) FONT OF 13F.ONNING 2` (al `.HFF.1. 2 ATFACIIIT) AND DENA{O is PAIU' OE 1-ii CENTERLINE 2: 'THENCE SOUTH 39'02'05" FAST IDR A )IST"nN ,E O r.2,50'; THENCE SOL/II i 3'51'56" EA`.:i FOR A D1STANCC OF , 2L31.: THENCE SfOIJTH 46'56'36" FAST FOR A DISTAN E OF '2813.U1`; THENCE SOUTH 16'01'57" EAST FOR is DISTANCE OF 114.6/1'; `IIEIiiCI., SDUT)1 42'26`'5" EAsr FOR A DI'3TJ; J [ OF 58.191'; THENCE SOUTH 18'413`24" FAST FOR A f)IS1'At rF: OF 2O2.8; MORE. OR LESS TO no: SOUIIILULY LINE Or SAID SECTION 23, 'SAID PO:N1 BEING TI IF 'POINT OF SERMINUS"; CENTER{ INE 1 PARCFy OF LAND, CONLAININtC 2.01,603 tiU.OARC FEET OA 4.6 ACRES 1,0. OR I ESS, 11AVINO A CENTERLINE LEI10T1•: OF: 4,001.15 FEET OR 246,1 BODS ov'#2L: OR LESS_ TOTAL C0FA3iNEl) % i€€E:RI INE I AND 2 EASELIE14T, C0NTAINi0i, 552,611 '_=.i)JARE ['EU OR 12.9 AGRLS MORE O€( I_I_:;5, HAVING A TOTAL CENTERLINE. LENG11•I OF 11,28133 FLL:T Dt15317 PODS MORE019 L ia. �ft d;lu PI {PCU rt 1.[I IU1 '.%;St .P�S7 A Y.1F.nl Y+r=51 PL Ia} (L11: 1 Y-fi;AL CIT SE f 11 CFi�li Ftr ,SCATIE) •`-1' 11'1:11 r I.1 EST!i S:r1'�'� ...... 0 I: Y.ISi _off''' L.gl!M!tN:1.v v u -- iF; 3 ICA!_ FPSET DETAIL COW _ ?5S .I. 1.F : ('or" 126;)4.!9 [5) tun L(r.1 ... ; a9r ti> —..�� I"-' rP`° M; IU any: Pllk L11` _ _ .''_!. iYNCAL LIFE Sl 1 DETATL ('ccE - 011.1 L-) ,1 a •L �I Yi " iq C'r 'ICAL '.]rrsci I.1C I AIL. 4 •:61.15 Lt' ) T YPTe, AL. LIEF SE_ 1. DETAIL AIL 8Y ',1_t11v1E_ (REFER TO PLAT C.XH11?l[ F5: Ti.cC7 i .il-;t1i:HE.D) I0.011'Yi �1i Ct�ttfli: til GEII%ttL CL9i=RT. A LICE.! I) I'hUI'LSSiO 4L C, sa)v9 ;URVEYCJR IN 5HL STATE OE CCLIJRAEI3. D13 HERLIIY STATE THAT 4 SURVC`•' or A TRACT 7f LAND AS SHaVN IIERTI)N ./AS MALI: UNDER NY DIRECT SUPERVISION IN lliC Ihi1HTI1 nr JANUARY 4149 AND /NA I F.IF 5e.:; S.RZYEY IS ACCURATELY 51 10Wfi IiL41L1iri. c. ' 1`;;EOieG1-... P.L.S. ;+27610 11 l)ASJ.S f)' IIF-nRIR0 'PI'S (JGSf:W (013N ALfi )i I HC r•!'.1RTfI;.I�I,Y I,ifIF ErF Tilt; NW i IF S':1;T1C?!r 21. 1 -ES ,i:t7W AS 9L'r(NFC R" r?[!NU'iCltil-A1113H \!,10,14! HEREON R%HIE11T A. S! EI:C,F 1 or 3). DEAS: S 0H'62'F=s' E. �? L•t,T0 r1ELG SUtiVEY• 5!39/179; LAIC LAST FEEL -II q£VIEW, 1!3•/9'1, 7419 vii -r rasu +cu gar. ea. 1 P.199-11505,13113 RIGHT-OF-WAY EXHIBIT "C" 11 WI THIN SECTION JI, T75 R47'N, 6THP.11 , GARFIELD COUNTY, COLORADO PUCKCETT LAND CO. (DETAli_- l EFERENCE SHEET I OF 4) DESCRIPTION OF :. 251)100' 1.00 EASEMENI WITHIN SECITVN 11, 10'NNSHIP T SOUTH, RANGE 07 6T1€ PRINCIPLE MERIDIAN, GARFIELC 0C11.INTY, CDi.'JR DO, SAID RKHT•-G--•WAY AND EA.EIVENr BEING k4o€=t PARTICULARLY DESCRIBED AS FOLLO ''S: COMMENCING AT A II.S.G.L.O. BRASS MONtiltE111 31 1HE EAST CUA.R7ER :e) CORNER DE 5310 5E:TI0t; 7, TFISNCL. SOUTH 4£1'13'57" Wi',ST FOR A DISTANCE or 788.01 =EET TO A POINT 00 1HE WESTERLY RIGHT -%.-WAY LINE Or A 50' WIDE RIGH!--OF-WAY AND EASEMENT (SHOWN 3110 0CS001900 IN Ex0i31TS A, #1--1 300 B- 2 ATTACHED), 5311) PONT BEING THE "PONT 01- BEOIN4NG" or `A:D 25'\ 0J' r 3UHT-OF WA „PID EASEMENT; 'THENCE 11C12IH 76'300'34" ikEST FOR A. DISTANCE OF 25.00 !TFT; THENCE NORTH 1379'26" EAST E00 3 DISTANCE 00 100.00 FEET: THENCE SOUTH 6`30.34" EAST F00 3 DISTANCE 00 25.00 =EET TC A PONT SAID WESILFii-'i` iNOliT-. OF -WAY HNC; fiENC1'_ SOUTH 13'29'26' WEST AND At0NC TI,°E WeVESTERLY F051 -:T• -C -'--'WAY LINE, ','()IR A DiSIANCL or 100.00 FEET 10 THE ''POINT OF 6EC1NNll1G'; 1HE ABOVE 055C'IBED FAOCEL OF LA.I'ID CONTAINING 2500.0 SQUARE FEET OR 0.057 ACRES MORE OR LESS. X. f / i 25.00' (L. Elie) NOT TO EXCEED 10C'XE00 EXISTING OXY PIPELINE c 5,00` ti 1176°30'34° 1 ff PD. e �CiCF,i1I:. l T FOUND 2 1:2' 3r:rSS CAP u.S,(1;..0 SURVEY urrUMER'T I'I18= PONT or i3EWNN1Y PGT'.= POINT OF UO4M[NCIHG RE/V. RIGHT -OE -IJAY TUA- TEMPORARY UM: APO SURVf 59 SrATE;MFNr 3, GEORGE GLEF•RT, A r.Ic:c.NSEI1 PREIrCSS[ON- L LAND SURVEYOR IN THE STA11: :Or COI.£7atDa. 0U HEREi3Y STATE THAT A SURVEY 01 ATRiCI OF LANs AL' silOwii IIF.P,COU was MADE U'.?3_7t PIY MCC!' Sl1PERVISO;N If. THE HSraIFT CE N[NVl MF„R i',CRB ANI1 IHAT 2F SAID -SURVEY IS ACCURATELY SllOWtd HEREON, = 05.000E tk[3Ek _ P.1..5. :!27610 ENCE LINE. •I t ACCES5: ROAD./ 1 4-51 6' FROM P1. Ik1 `"ENCE ! ' PDC E-i4I CUR: SE!;. 11 T7 ,'--R97w .1_�TFti— I? EASIS OF Ii' ARING, EPS S Jr3SF.RVATIIIN GFS11EP,LY LINE OF THE NI}RT':/:ASi ITUARTER THE S.:CTICV 0, TIS N? .' .,$ ]r; D;tD $` 'U'.TE,FrIrrtTE:N %KIN ' HEREON. DEARS, S =� DAT(' rItLD 11/C3/smi, D -11r. LACY cl„D REViC / I/30/19. n'�2<b4^A ha 12499.1 80.5. 4304 ! c STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of PUCKETT LAND COMPANY, a COLORADO CORPORTATION, an entity other than an individual capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is PUCKETT LAND COMPANY and it is formed under the laws of THE STATE OF COLORADO. The mailing address for the Entity is 5460 QUEBEC STREET, SUITE 250 GREENWOOD VILLAGE, COLORADO 80111. The name and/or position of the person authorized to execute instruments conveying, encumbering, 01 otherwise affecting title to real property on behalf of the Entity is MATTHEW A. WURTZBACHER, PRESIDENT. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NONE Other matters concerning the manner In which the Entity deals with any interest in real property are: N/A. EXECUTED this pda of JUNE, 2009. Signature: IlAa7-0--- Name(typed or printed: V. BRUCE THOMPSON Title (if any): SECRETARY STATE OF COLORADO ) )SS. COUNTY OF ARAPAHOE) The foregoing instrument was acknowledged before me this e , 2069 by \) \ -kk C Rc ,\() et. )1,41 day of , on behalf of Witness my hand and official seal. ,a My commission expires: _ 1U� k ,�U r) [SEAL] KAREN 1FRARON Notary Public Slate of Colorado PROPERTY LEASE AGREEMENT This Property Lease Agreement ("Lease") is made and entered into this 36ltt`day of April, 2008 (the "Execution Date"), but effective as of May 1, 2008 (the "Effective Date") by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, whose addresses are 8191 E. Kaiser Blvd., Anaheim, CA 92808 hereinafter referred to as ("Lessor") and EnCana Oil & Gas (USA) Inc., whose address is 370 17'h Street, Suite 1700, Denver, Colorado 80202, its successors and assigns hereinafter referred to as ("Lessee). Whereas, EriCana Oil & Gas (USA) Inc. desires to lease property in Garfield County, Colorado, for the purpose of maintaining a temporary construction trailer office and yard site. Lessee shall, under the temrs of this Lease, have the exclusive right of ingress and egress, and the right to enjoy the exclusive use and occupancy of the property described below. Lessee has the right to assign this Lease or the right to sublease the above described property with Lessor's approval, such approval not to be unreasonably withheld, conditioned, or delayed, at any time for the purpose stated herein. In accordance with the provisions set forth below, this Lease is contingent upon approval of a Special Use Permitfrom Garfield County Building and Planning Department, which the Lessor cannot terminate prior to the termination of the Lease. Lessee will apply for a Special Use Permit within 45 days of the Execution Date. if the Lessee does not apply within 45 days of the Execution Date, this Lease shall terminate upon expiration of the 45 -day period. Proof of application shall be forwarded to Lessor before the expiration of the 45 day - period. Whereas, Lessor warrants that they are the owner of certain real property located in Garfield County ; and Whereas, Lessor desires to lease property to EnCana Oit & Gas (USA) Inc. for the purpose described above; Therefore, in consideration of the promises and mutual covenants and conditions set forth below, the parties agree as follows: . Purpose. Lessor agrees to lease to Lessee a parcel of land located in Township 7 South, Range 96 West, Section 33: NE/4NE/4 as described on the attached Exhibit A, in Garfield County, Colorado (the "Leased Property"), as a temporary construction trailer office and yard site, however there will be no hazardous material storage. 2, Term. The term of this Lease shall be for a 12 month period, beginning May I, 2008 continuing through April 30, 2009. Consideration. The consideration for the 12 month lease is paid at the time of approval of the Special Use Permit and with the Lessor to receive a copy of the Special Use Permit. No work shall be performed such as fencing, gravel, or installation of roadways, and no occupancy of the yard shall occur, until the Special Use Permit is approved. The Lessee will provide the Lessor a copy of a Liability Policy (Binder) for the yard and be named as additional insured. doe 4. Fence. Lessee is granted the option to construct a four wire barbed fence around the perimeter of the Leased Property at or before such time as the activity at such property requires that gates be left open. Upon completion of the term of the Lease, Lessee shall have the option to leave the fence in place and said fence shall become the property of Lessor. Lessee is granted the option to add or widen approaches or gates as Lessee deems necessary. 5. Restoration of Property. Lessee agrees that upon completion of its construction activities, the portion of the property disturbed from Lessee's activities and covered with gravel, will not be reclaimed and reseeded with :native grasses in accordance with Federal Energy Regulatory Commission regulations and local Soil Conservation Service recommendations, per Lessor's request. Lessee may have the option to gravel all or part of the property. Upon completion and termination of the Lease, gravel will not be removed, per Lessor's request, and that portion of the property, then will not be reclaimed. 6. Indemnification. Lessee agrees to indemnify and hold Lessor harmless against any and all claims, damages, and costs, including any Hazardous spills or claims against Lessor for hazardous or containment spills incurred as a result of Lessee's use, of the property for the purposes described herein except in so far as the claims, damages and costs are caused or contributed to by Lessor's negligence or wrongful conduct or omissions. 7. Termination. Lessee may terminate this Lease at its option by the removal of said structures, equipment, appliances, and appurtenances. Lessor will be notified in writing of termination, and Lessee will vacate the property by April 30, 2009. 8. This Lease shall be governed by the laws of the State of Colorado. Lessor and Lessee hereby agree that the terms of this Lease shall be kept confidential; provided, however, Lessor and Lessee agree that a Memorandum of this Lease shall be executed contemporaneously with • the execution and delivery hereof, which Memorandum shall be recorded in the Public Records of Garfield County, Colorado to evidence this Lease. 9. Notice. Any notice or written demand to be given to Lessor or Lessee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended as follows: EnCana Oil & Gas (USA) Inc. Attn: S. Piceance Land Negotiator 374 17s' Street, Suite 1700 Denver, CO 80202 (303) 623-2300 (303) 623-2400 (fax) r2‘101.10,6 2 Specialty Restaurants Corporation and Stockton Restaurant Corporation Attn: Mr. Toby Guccini 820 Castle Valley Boulevard New Castle, CO 81647 (970) 984-3720 (970) 984-3721 (fax) w11T'lh C4 sPEcsacr,,.- tcsi-41.44,v93 CoAP0,44afoa am' t. Aais‘i2. ANAvIEtr'# , CA 11-868 ATV' 01-1•Alki i (7ILOS,B •'f o)(FAK) In Witness Whereof, the parties have executed this Lease on the day and year first written and effective as of the Effective Date. LESSOR LESSEE Specialty Restaurants Corporation EnCana Oil & Gas (USA) Inc. Stockton Restaurant Corporation By Title: 44f/6'4'k-wt./ By {'✓ . -- Ricardo D.Gallegos Title: Attorney in Fact CITY AND COUNTY OF DENVER ) This instrument was acknowledged before me on this 16 day of .Illaj , 2008, by Ricardo D. Gallegos as Attorney in Fact of EnCana Oil & Gas (USA) Inc., on behalf of said corporation. Residing at ; 3 LTJ. K1, or said State and County file, CO fOL2.3 MY COMMISSION EXPIRES: My Commission ExAires 06!251201 1 3 STATE OF'-) COUNTY OF —. ) )ss: This instrument was acknowledged before me on this % day of� 2008, by ril"o ff,u 6. Ch- E cc• z. z ( Nota Public in and for said State and County Residing at : G.Q efr qa• 8or MY COMMISSION EXPIRES: 4 LYNETTE M.M. KELLUM Commission # 1653359 Notary Public • California _ Orange County My Comm. Expires Mar 21, 2019 •• • EXHIBIT "A" This Exhibit "A" is attached to and made a part of that certain Property Lease Agreement by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor and EnCana Oil & Gas (USA) Inc., as Lessee. Towr►sh_ 7 Sough, Ran eE 96 West of the 6`h P.M_i Section 33: NE/4NE/4 nOana OIL & GAS tUSA) INC. LOCATION LAYOUT FOR 7 ACRE OFFICE & YARD SITE SECTION 33, T7S, R96W, 6th PIM. NE 1/4 NE 1/4 Existing Fence/lne PrevoiiinWinds r Approx. i Top of �� `Gui Slop�a SCALE: 1" 100' DATE: 04-15—OB Drown By Q.V r � I Stg. C-7.9' £!. 500$.4' � F .-5662 265' , rrr ,ter rte/ r F -a4' Er, 00.5 Sta, 5± 265' E7. Saaae'ff- NOTES, Existing Fencelrne NC Svc. 417r. Sta. It PO Ros Access Rood (cotel � / ' Existing 2—Track //� (FIGURE #1 Elev. .Ungraded Grovno' At Southeast Comer = 5000.3' RNISHED GRADE ELFT! At Southeast Corner =5000,5' Approx. /j' 2 Toe of /j F-0.2'. Fill Slope,// D. 5000) r/ UINTAX ENGINEERING & LAND SURVEYING 85 Su, 500 Elm • Verna!, VIM 61078 • (496) 789-1017 Son 9oi 661;4tirsa PROPERTY LEASE AGREEMENT This Property Lease Agreeniertt ("Lease") is made and entered into this 304day of April, 2008 (the"Execution Date"), but effective as of May 1, 2008 (the "Effective Date") by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, whose addresses are 8191 E. Kaiser Blvd., Anaheim, CA 92808 hereinafter referred to as ("Lessor") and EnCana Oil & Gas (USA) Inc., whose address is 370 1711' Street, Suite 1700, Denver, Colorado 80202, its successors and assigns hereinafter referred to as ("Lessee"). Whereas, EnCana Oil & Gas (USA) Inc. desires to lease property in Garfield County, Colorado, for the purpose of maintaining a temporary construction staging area, pipe off-loading site and pipeline and equipment storage yard. Lessee shall, under the terms of this Lease, have the exclusive right of ingress and egress, and the right to enjoy the exclusive use and occupancy of the property described below. Lessee has the right to assign this Lease or the right to sublease the above described property with Lessor's approval, such approval not to be unreasonably withheld, conditioned, or delayed, at any time for the purpose stated herein. In accordance with the provisions set forth below, this Lease is contingent upon approval of a Special Use Permit from Garfield County Building and Planning Department, which the Lessor cannot terminate prior to the termination of the Lease. Lessee will apply for a Special Use Permit within 45 days of the Execution Date. If the Lessee does not apply within 45 days of the Execution Date, this Lease shall terminate upon expiration of the 45 -day period. Proof of application shall be forwarded to Lessor before the expiration of the 45 clay -period. Whereas, Lessor warrants that they are the owner of certain real property located in Garfield County ; and Whereas, Lessor desires to lease property to EnCana Oil & Gas (USA) Inc. for the purpose described above; Therefore, in consideration of the promises and mutual covenants and conditions set forth below, the parties agree as follows: 1. Purpose. Lessor agrees to lease to Lessee a parcel of land located inTownship 8 South, Range 96 West, part of Sections 5 and 6, as described on the attached Exhibit A, in Garfield County, Colorado (the "Leased Property"), as a temporary construction staging arca, pipe off-loading site and pipeline and equipment storage yard, however there will be no hazardous material storage. 2. Term. The term of this Lease shall be for a 12 month period, beginning May I, 2008 continuing through April 30, 2009 with the unrestricted option of the Lessee to continue to lease the Leased Property thereafter, for an additional one year period, if it is necessary for said construction staging, pipe and 1 or equipment to be maintained thereon. 3. Consideration. The consideration for the 12 month lease is , paid at the time of approval of the Special Use Permit and with the Lessor to receive a copy of the Special Use Permit. No work shall be performed such as fencing, gravel, or installation of roadways, and no occupancy of the yard shall occur, until the Special Use Permit is approved. The consideration to extend the Lease for an additional one year period is X100,000.00 payable 30 days prior to the beginning of the second year. The Lessee will provide the Lessor a copy of a Liability Policy (Binder) for the yard and be named as additional insured, 4. Fence. Lessee shall construct a four wire barbed fence around the perimeter of the Leased Property at or before such time as the activity at such property requires that gates be left open. Upon completion of the term of the Lease, Lessee shall leave the fence in place and said fence shall become the property of Lessor. Lessee is granted the option to add or widenapproaches or gates as Lessee deems necessary. Lessee acknowledges that the Lessor has- a cattle lease on the 5 — Mile Ranch, and Lessee at the Lessee's option may install cattle guards at the gates to keep cattle out of the leased acreage. Lessee can remove and keep such cattle guards upon vacating the Leased Property. 5. Restoration of Property. Lessee agrees that upon completion of its construction activities, the portion of the property disturbed from Lessee's activities and covered with gravel, will not be reclaimed and reseeded with native grasses in accordance with Federal Energy Regulatory Commission regulations and local Soil Conservation Service recommendations, per Lessor's request. Lessee may have the option to gravel all or part of the property. Upon completion and termination of the Lease, gravel will not be removed, per Lessor's request, and that portion of the property, then will not be reclaimed. 6. Indemnification. Lessee agrees to indemnify and hold Lessor harmless against any and all claims, damages, and costs, including any Hazardous spills or claims against Lessor for hazardous or containment spills incurred as a result of Lessee's use, of the property for the purposes described herein except in so far as the claims, damages and costs are caused or contributed to by Lessor's negligence or wrongful conduct or omissions. 7. Termination. Lessee may terminate this Lease at its option by the removal of said structures, equipment, appliances, and appurtenances, Lessor will be notified in writing of termination, and Lessee wi]I vacate the property by April 30, 2009 or by April 30, 2010 if the Lessee elects to renew the Lease for that additional year. 8. This Lease shall be governed by the laws of the State of Colorado. Lessor and Lessee hereby agree that the terms of this Lease shall be kept confidential; provided, however, Lessor and Lessee agree that a Memorandum of this Lease shall be executed contemporaneously with the execution and delivery hereof, which Memorandum shall be recorded in the Public Records of Garfield County, Colorado to evidence this Lease. 2 nio,w 9. Notice. Any notice or written demand w be given w Lessor or Lessee may be delivered in person, by fax or certified or registered mail, postage prepaid, addressed to the party for whom intended as follows: EnCana Oil & Gas (USA) Inc. Atm: S. Piceance Land Negotiator 370 1711` Street, Suite 1700 Denver, CO 80202 (303) 623-2300 (303) 623-2400 (fax) Specialty Restaurants Corporation and Stockton Restaurant Corporation Attn: Mr. Toby Guccini 820 Castle Valley Boulevard New Castle, CO 81647 (970) 984-3720 (970) 984-3721 (fax) tw►ITti 41V In Witness Whereof, the parties have executed this Lease on the day and year first written and effective as of the Effective Date. LESSOR Specialty Restaurants Corporation Stockton Restaurant Corporation By Title: /Y\ry ��✓ 611 4 Zei LESSEE EnCana Oil & Gas (USA) Inc, By Ricardo D. aliegos Title: Attorney in Fact CITY AND COUNTY OF DENVER ) This instrument was acknowledged before me on this 1511 day of , 2008, by Ricardo D. Gallegos as Attorney in Fact of EnCana Oil & as (USA) Inc., on behalf of said corporation. &niter Notary Pu•lic in Residing at : 66 i w Td A Fie t -stile *sr) CD S01 -1-'y MY COMMISSION EXPIRES: My Commission Expires 0612512011 e and •County q"` SPa'c r Rte'-tu f t s ewe Sl9! 6 k tsg at -440 *,va "t , 04 R "Ag 4—rint; CC 4.4 A, (7p i) 9gd'- `16'6I (A1Pc..) STATE OF C COUNTY OF )ss: This instrument was acknowledged before me on this f day of 2008, by -ro tf ffuz.e-f Notary`Public in and for said State and County Residing at : 91q( {(Ar . 4 ek 10 -god' MY COMMISSION EXPIRES: 4 LYNEITE M. KELLUM commission # 1653359 5 Notary Public - California Orange Courtly Les..47.MyComm.Expires Mar 21, 2010 EXHIBIT' A" 47 TC TC 5E U Ory. es 97 NT0 00 ROAD RICHT-OF-WAY DESCRIPD10N A 60' 160E 464144-0F-6AT 30' ON EACH ROE OF THE FOLI.ONINO DESCRIBED CENTERLINE 8E01N716415 ATA PIPIT IN TI -IE 544 1/4 NE 1/4 Or SECTION 6. TBS. R466. SAN P.N. 41!11111 CHARS 565.19'00'6 1671.75' FROM 714E EA5T 1/4 CORNER OF 5019 5(2,14011 6. THENCE 85255'I1'E 94.7.6. THENCE ALONG A CLIRPE 1D THE LEF4 PATH A RAORIS OF 1217.00' AND A LENGTH OF 53.17: THENCE N2733'111 22.05' 10 A PONT 15 144E ST' 1/4 NE 1/4 OF SAW 56211014 6. 441104 REARS N6413'111 W 1554.51 FRO11 THE EA5T 4/4 COR8E0 66 s*10 022,1104 6. THE 510E Lams Or SAID 860201840 Po5HT-OT-444.11 50140 0440818.14(9 7.R a01x4150 TO IIECT THE GRANTOR'S 04061654 LINES, BASIS OF BEARINGS 15 A G.P.S. OeSERPATI014. CONTNNS 0.236 ACRES MORE OR LESS. 14.E .1/4 2. h 1853.20' ( L O ) Fhp OF PN000sm AG4P AAI45-4.6-086 STA 146561' p. nr. w.,vae. u•/M14 662547cYO 4< mamas ROW AApir-40-rAr VA. 0700 (1 (Only 4ew1 Sec. 6 SURFACE USE AREA PROPOSED PIPE' YARD CA.HANN 27.734 Acre, 111111' 40.4.4.1 IL i !Ar Centerline of Proposed Rood Rig1l-o'-Nby NOTE. - 8EC1ATP10 STA. 91.00 BENTS 710639.00'44 1671.75' FROM THE LAST 1/4. CORNER OF SECTION 6, 486, 08611, 614 P.N. EN614NG 5TA. 7.69.64 BEARS 4841518'W 1$59.27' 40011 114E EASY 1/4 CORNER Or 5ECT458 S. TBS. 89844, 811. 6.11t i 1/4 m neo 0A1..ur OA..LGm AFvS.'w'1 151445 LL{ Awe a . 471..7- 4 r ATM 31o..e EDCewa O1 Sc GAS (USA) IHC_ LOCATION SURFACE USE AREA & ROAD RIGHT-OF-WAY ON FEE LANDS (For PROPOSED PIPE YARD) -� - - NW 1/4 SPECIALTY RESTAURANTS CORFORJ4TroN 7/4 2.741481 Lw10 LOCATED IN SECTIONS 5 & 6, T8S, R96W, 6th P.M. GARFIELD COUNTY, COLORADO Sec. 5 1 RIGHT -Or -FAY LENGTHS J PROPERTT DARER FEET 404E5 RODS sW.1.rN '61024414415410►. 169,64 0.730 10.251 8AS5 of BEARINGS DAM OF BEARINGS I5 A G.P.S. 645ERVA11044. s (a Q. Fe 14 (N et Smxe A- SECTION CC8NLR5 LOGIIEa. SCALE SURFACE USE AREA DESCRIPTION 8(0144156 AT A PANT N THE NN 1/4 58. 1/4 OF 5EC004 6, 165, R961,4 0th P.N., W11101 NEARS 596'4535-W 1381_23' FR041 THE EA51 WARIER CORNER OF SAN. 58.111014 8. 4446.02E H3624'07 -1T 458.04'; THENCE N55.31'24'6 1995.21 80RE OR LE54 TO THE EAST UNE OF SAID 5LCT1ON 6; 7148.82,E N50'71'2. E 537.71'; THENCE S29Z0'46'( 275.51': 111041E 55174'20'W 73304' MORE OR LESS To THE EAST LME OF SAID SECTMkf 6; THENCE 5511410'0 1761.22' TO 114E PONT OF 9510N8N0. 0805 OF 0E4014163 IS A G.P.S. 065ERVATION, 10874201 31.154 420E5 14006 OR 6555. CERVIC Deil a T To mast THAT C Ann 1.1T3 a 00,5 . Sur4h94H - Ta1 THE PTV O 0r8.0..(4'6 Aro UOITAR EHGDR7RR0tc 7. 85 sours - 200 LIST a (436) 7479-1077 0110180. 411011 - 44075 sCN6 1'4. 309 011c 4-1-05 ru 9.E8. 4Tr1Jn.cTs CLO. PLAT 4 8 7 4 EXECUTION COPY ASSIGNMENT, CONVEYANCE AND BILL OF SALE This Assignment, Conveyance and Bill of Sale ('Assignment") is made and entered into this 21 -"day of July, 2008 (the "Effective Date') by and between EnCana Oil 8: Gas (USA) Inc., a Delaware corporation (Assignor"), and Enterprise Gas Processing. LLC, a Delaware limited tiability.company (-Assignee"). WHEREAS, Assignor has acquired certain easements, has applied for various permits and rights-of-way, and has ordered pipe in anticipation of the construction of a natural gas gathering system which will consist of., among other assets, the following; (i) an approximately 22 -mile, 24 -inch diameter, high-pressure pipeline to be built from the Anderson Gulch area, which is located in Section 31, Township 9 South, Range 95 West, Mesa County, Colorado, to an interconnect with Assignor's Great Divide Gathering System located in Section 34, Township 7 South, Range 96 West, Garfield County, Colorado (the "Callbran Valley Gathering System"): and, (ii) approximately 63,000 feet of 24 -inch diameter, high-pressure pipeline to be built in Mesa County, Colorado and which will be connected to the Collbran Valley Gathering System (collectively, the "Gathering Systems"); and WHEREAS, Assignor wishes to assign to Assignee, and Assignee wishes to assume, Assignor's right, title and interest 'in the Assets (as defined in this Assignment) in order to construct the Gathering Systems. NOW TIiEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows: 1. Assignment. Assignor does hereby GRANT, SELL, ASSIGN, CONVEY and TRANSFER to Assignee all of Assignor's right, title and interest in and to the following (collectively, the 'Assets"): (a) All rights-of-way, other real property rights, licenses and permits relating to the Gathering Systems, which rights-of-way, other real property rights, licenses and permits are described in Exhibit A attached hereto; (b) All contracts and agreements, purchase orders and leases solely relating to the Gathering Systems, which contracts, agreements, purchase orders and leases are described in Exhibit B attached hereto; (c) All pipe, compressors, equipment, valves and other materials exclusively relating to the Gathering Systems, including assets currently installed at the Mamm Creek Conditioning Facility and other locations, which pipe, compressors, equipment, valves, other materials and assets are described in Exhibit C attached hereto; (d) AM planting and construction records relating to the Gathering Systems; Q.'tEnCana_A2826\Grear Divide.Cotlbran Valley AssbCollbran Valley Assignment Conve_Final_07_2108.DOC (e) All warranties and guarantees of the manufacturers or suppliers of the foregoing described Assets and the warranties and guarantees of subcontractors, consultants, and service providers relating to or made in connection with the foregoing described Assets (rhe "Assigned Warranties"); and (t) Ail other right, title and interest of Assignor exclusively relating to the Gathering Systems. TO HAVE AND TO HOLD the Assets unto Assignee forever. ?. Special Warranty. Assignor hereby binds itself and its successors and assigns to warrant and forever defend the title to the Assets unto Assignee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Assignor, but not otherwise. Assignee shall be and is hereby subrogated to all covenants and warranties of title by parties (other than Assignor) heretofore given or made to Assignor or its predecessors in title in respect of any of the Assets. . Assumption and Indemnification. Assignee accepts this Assignment and the Assets conveyed hereby and assumes and agrees to perforttt all of Assignor's obligations accruing thereunder from and after the Effective Date. In addition; if any sales, use or other transfer tax is due or owing or assessed against either Assignor or Assignee by reason of this Assignment, then such transfer tax shall paid by Assignee. Assignee agrees to indemnify and hold Assignor harmless from and against any and all claims, demands and causes of action of any kind and all losses, damages, liabilities, costs and expenses of whatever nature (including court costs and reasonable attorneys' fees) arising out of or relating to the Assets from and after the Effective Date; provided. however, the foregoing indemnity shall be subject to, and shall in no way modify: or affect, the indemnification obligations between Assignor and Assignee contained in the Gathering Agreement (hereinafter defined). Assignor agrees to indemnify and hold Assignee harmless from and against any and all claims, demands and causes of action of any kind and all losses, damages, liabilities, costs and expenses of whatever nature (including court costs and reasonable attorneys' fees) arising out of or relating to the Assets prior 10 the Effective Date. 4. Disclaimer. EXCEPT FOR THE SPECIAL WARRANTY OF TITLE CONTAINED HEREIN AND THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THE GATHERING AGREEMENT, ASSIGNOR HEREBY (a) EXPRESSLY DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR iMPLIED AT COMMON LAW, I3Y STATUTE, OR OTHERWISE, RELATING TO (i) THE CONDITION (INCLUDING ENVIRONMENTAL CONDITION) OF THE. ASSETS (INCLUDING ANY IMPLIED OR EXPRESSED WARRANTY OF MERCHANTABILiTY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS), (ii) ASSIGNEE'S ABILITY TO ASSUME OPERATIONS OF THE ASSETS, (iii) THE COMPLETENESS OF THE ASSETS IN ORDER TO CONSTRUCT, OWN AND OPERATE THE GATHERING SYSTEMS, AND (iv) ANY FILES, RECORDS, INFORMATION OR DATA FURNISHED TO ASSIGNEE BY OR ON BEHALF OF ASSIGNOR, AND (h) NEGATES ANY RIGHTS OF ASSIGNEE UNDER STATUTES TO CLAIM DIMINUTION OF CONSIDERATION AND ANY CLAIMS BY ASSIGNEE FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING THE INTENTION OF ASSIGNOR AND ASSIGNEE THAT THE ASSETS SHALL BE CONVEYED "AS IS, WHERE IS" IN THEIR PRESENT CONDITION AND STATE OF REPAIR. 5. Remaining Assets. Without limiting the provisions of Section 4 of this Assignment. Assignee acknowledges and understands that Assignor has not acquired ail of assets necessary to construct, own and operate the Gathering Systems, including, without limitation, the following (collectively, the -Remaining Assets"): (i) right-of•way grant from the United States Department of interior, Bureau of Land Management ("8L4! ROW'), (ii) pipeline development permit front Garfield County, Colorado (the "Garfield Conn)). Permit.), (iii) a surface lease for compression facilities at a site in or near Section 31, Township 91 South, Range 95 West, Mesa County, Colorado (the "Hayes 'Mesa Compressor Station Site Lease"), and (iv) certain easements in fee; provided, however, Assignor has (k) applied for, but has not received, the 13LM ROW and the Garfield County Permit as of the Effective Date and (y) entered into negotiations for the 1-layes Mesa Compressor Station Site Lease. Assignor and Assignee acknowledge and understand that it shall be the sole and exclusive obligation of Gatherer to acquire the Remaining Assets; provided, however, (a) Assignor shall provide personnel and other resources as may be reasonably requested by Assignee and as may he reasonably available to assist Assignee with the transition of ownership of the Assets and the completion of construction of the Gathering Systems and (b) if Assignor obtains the I3LM ROW, the Garfield County Permit and/or the Hayes Mesa Compressor Station Site Lease, then Assignor shall assign the same to Assignee pursuant to an Assignment, Conveyance and 13111 of Sale substantially the same as this Assignment. Assignor and Assignee agree (i) that prior to cotnmeneing construction of the Gathering Systems on real property owned by the Colohan Family Trust, Assignee shall first notify Assignor, (ii) to coordinate to allow a representative of Assignor and the Colohan Family Trust to be present during all construction activities on property owned by the Colohan Family Trust, (iii) to cooperate in good faith to address any concerns of the Colohan Family Trust to the extent reasonably possible. and (iv) that Assignee shall allow a representative of Assignor to be involved in the direction and control of construction activities on the Colohan Fancily Trust property to the extent reasonably possible and consistent. with Assignee's necessity to control the methods, means and timing: related to the construction of the Gathering Systems. 6. Successors and Assigns. This Assignment shall be binding upon Assignee, its successors and assigns and shall run with the real property interests included in the Assets. All references herein to Assignor and Assignee shall include their respective successors and assigns. As used herein, "including" and its variants mean "including but no limited to" or "including without limitation" and appropriate variations thereof. 7. Conflict. This Assignment is subject to the teens and conditions of that certain First Amended and Restated Gas Gathering Agreement by and between Assignor. as "Shipper," and Assignee, as "Gatherer," entered into as of duly 2l , 2008, but effective as of December 28, 2006 (the "Gathering Agreement'). in the event of a conflict between this Assignment and the Gathering Agreement. the terms and conditions of the Gathering Agreement shall control. 8. Governing Law, This Assignment shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, without giving effect to principles thereof 3 relating to conflicts of law rules that would direct the application of the laws of another jurisdiction. 9, Further Assurances. Assignor agrees to execute and deliver to Assigztee all such other additional instruments, notices. transfer orders and other documents and to do all such other and further acts and things as may be necessary to more fully and effectively grant. sell. assign, convey and transfer to Assignee all of Assignor's right, title and interest in and to the Assets and to enforce the Assigned Warranties. 10. Counterparts. This Assignment may be executed in any number of counterparts and each of such counterparts shall together constitute but one and the same Assignment. [signature page follows] 4 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment effective as of the Effective Date. ASSIGNOR: ENCANA OIL & GAS (USA) INC., a Delaware corporation of. Name: Ott Title: ' ic-Q •+^t516. -e-441— it ASSIGNEE: ENTERPRISE GAS PROCESSING, LLC, a Delaware. limited liability company By: Title:\TO 15k60411- STATE OF COLORADO } ) SS. CITY AND COUNTY OF DENVER) r The foregoing instrument was acknowledged hefore me this i day of July. 2008 by Qyu .-L v. Pk,c.,.-11, as V - Prc_s d - of EnCana Oil & Gas (USA) Inc.. a Delaware corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires: JUDITH B. SISNEROS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/17f2012 Q:%EnCana A2826NGreat Divide,Collbran Valley AsstCollhran Valley Assignment Conve_l:inal 07.1 08,DOC • , JUDITH B. SISNEROS NOTARY PUBLIC i STATE OF COLORADO STATE OF C,c, Iota ct, ) ss. COUNTY OF Li c.,-, ) The foregoing instrument was acknowledged before me this a+—day of July, 2008 by 1 as Sf. u.4e, - Prc.>>aevi- or Enterprise Gas Processine, LLC, a Delaware limited liability company, on behalfof said limited liability company. Witness niv hand and official seal. My commission expires: • Nol 6 My Commission Expires 03(1712012 Exhibit A RIGHTS-OF-WAY, REAL PROPERTY RIGHTS & PERMI"I:S NOTE: ONLY A PORTION OF THE FOLLOWING RIGHTS- Of -WA YARE ASSIGNED, AS FURTHER DESCRIBED BELOW: Q,/tEnCana_A28261(irea1 DividthCollbran Valley Asst\Collhran Valley Assignment Convc_Final_ (172108.00C' i,ESSOR / LEASE NAME DOCUMENT EFF DATE COUNTY ROOK PAGE ENTRY DESCRIPTION OF ENTIRE RIGHT -OF- WAY DESCRIPTION OF RIGHT- OF -WAY BEING ASSIGNED CONSENT TO ASSIGN REQUIRED? COMP./JEWS-- 1 Ren E. Nichols Living, Trust Right -of -Way Easement Agreement 1119/01 Mcsa 4640 363 2433040 Sec. 31 SW. T9S, R95W, 6t1 PM 7,5' on tither side of the centerline as described in construction plans and shown on Exhibit A to Right-of-way Easement Agreement No 2 Raymond G. Bailey and Amanda 3, Bailey Right -of -Way Easement Agreement I /17/08 Mesa 4367 103 2367107 Sec. 31 Inn. 2, T9S. R9SW, 6"' PM 7.5' on citltcr side of the centerline as described in construction plans and shorn on Exhibit A to Right -of -Way Easement Agreement No . 3 Ben E Nichols Living Trust and Lois M. Nichols 1.iving'Trust Right -of -Way Easement Agreement 1/19108 Mesa 13K 4640 P0 369 2433041 Sec. 36 I'.2, Sec. 35 N2, Sec. 26 SWS W. T9S, R96W. 6TH PM 7.5' on either side of the centerline as described in construct km plans and shown on Exhibit A to No Q,/tEnCana_A28261(irea1 DividthCollbran Valley Asst\Collhran Valley Assignment Convc_Final_ (172108.00C' 8 2433037 Sec. 36 E2, Sec. 35 N2. Sec. 26 SWSW, T9S, R96W, Gri' PM Right -of -Way Easement Agreement 7.5' on either side of the centerline as described in construction plans and shown on lixhibit A to Right -of -Way Easement Agreement No 4 I layward Ranch LLC Right -of -Way E"asenient Agreement 1117108 Meet 4640 312 5 Richard V. Stewart Right -of -Way Easement Agreement 2/6/08 Mesa 4640 397 2433045 Sec. 36 lots 4 and 5NW4,N2SW, T9S,. R9691. 6711 PM 7.5' ott either side. of the centerline as described in construction Plans and shown on Exhibit A to Right -of -Way Easement Agreement No 6 Melanie Andrea florin Right -of -Way Easement Agreement 3/5/2008 Mesa 4640 384 2433043 243303S Sc.e36 lots 4 and 5 NW4, N2SW, T9S, R96W, 67" PM Sec. 36 lois 4 and 5 NW4, N2SW- T9S, R96W, Ern PM 7.5' on cithcr side of the centerline as described in construction plans and shown on Exhibit A to Right -of Wiw Easement Agreement 75' on either side of the centerline as described in Constniet ion plans and shown on Exhibit A to No No 7 Sheila K. Brown Right -of -Way Easement Agreement 215108 Meru 464(1 3511 8 9 Right -of -Way Easement Agreement 8 Linda Surttonc Castiglione and Donald Richard Bowlus Right -of -Way Easement Agreement 3/14/08 Mesa 4640 356 2433039 See. 36 lots 4 and 5 NW4, N2SW, T9S, R96W. 4I PM 73' on either side of the centerline as described hi construction plans and shown on Exhibit A to No Right -of -Way Easement Agreement 9 Surrnnnc Right -of -Way 2/22/08 Mesa l3k PG 331 2433035 Scc:. 36 lots 4 and 7.5' nn either No Econotnou andGeorgc Economou Easement Agreement 4640 5 NW4, N2SW, T9S, R96W, Ent PM• side of the cenu-rline as described. in construction plans and shown on Exhibit A to Right -of -Way Easement Agreement 10 Jon W. Serial' i, Jon F.Seriani, Jack Seriani. Mike Scriani. Dennis Right -of -Way Easement Agreement 2111108 Mesa 4640 377 2433042 Scc. 29 lots 3 and 4, Mountain Meadows Subdivision. T9S, R96W, 61"" PM 7.5'on either side of -the centerline as described in construction plans and shown on Exhibit A to Nu Mayer and Right -of -Way Chuck Easement Mauer Agreement 11 Kull Riehl -0f -Way 3/t0/o8 Mesa 11K PG 325 2433034 1 Sec, 2.9 lot 7, 75' on either No Strew'eler and Amber Streweler Easement • Agreement 4640 Mountain Meadows Subdivision, T9S, R96W, 6nr PM side of the centerline as described in construction plans and shorn un Exhibit A to 9 10 _ Right -of -Way I;.zsement Agreement 12 John Richard Latham, Margaret K. Latham, Julia Anne Cox. and Thomas A. Right -of -Was Easement Agreement 3131108 Mesa 13K 4640 1'(.f 176 2432988 Scc. 19 lots 11 and 12, See. 30 lots 1, 2, 5, 6, 7, and 8. Scc. 24 NW4, NENE T9S. R96W, 6" PM 7.5' on tither side of the centerline as described in construction plans and shown on Exhibit A to No Cox Right -of -Way Easement A grecment 13 Richard And Sally Loudin Revocable Inter Vivos Trust Right -of -Way Easement Agreement 2/4108 Mesa BK 4640 Phi 336 2433036 Sec- 13 SESE. E2SWS1;, S314NFSIi, S3/4E2NWSE and Scc. 24 N4NENE- N2NENWNE 7.5' on either side of the centerline as described in construction plans and shown on Exhibit A w No T9S, R97W, 6"i Right -of --Wiry PM Eascntcnt Agreement 14 Steven W. Kcinath and Master Surface Ilse Memorandum of Surface Mesa, Garfield Mesa: BK Mesa: PG 153- Mesa: 2248155 Scc. 33 T7S, R96W, Ent PM Partial Assignment of No Con tdent iality provision applies Sher L. Kcinath Agreement, Amendment 10 Master Surface Use Agreement, Second Amendment to Master Surface Use Agrccmcnt Use Agreement effective 9/1104; Aniendmcnt to Master Surface Use Agreement effective 3115/07; Second Amendment effective 3875 Garfield: BK 1669 55 Garfield: PG 356 Garfield: 669999 and Sec. 4, 5, 7. 8. 9, 16, 17 and 18 TSS. R96W, 6" PM Master Surface Usc Agreement, as amended, with respect to all rights and obligations relating to construction of the Collbraii Pipeline (as such term is defined therein to amount of consideration. Attielc XIX provides, "Disclosure 10 successors in interest to the parties... is iittthurizedafter notice to the other party.— 3/1/08 10 Ii Colohan Family Trost Right -of -Way 1 A.scment 4/18/08 Garfield N/A NIA N/A Sec. 3 W2 NW. See. 4 SENE 7.5' on either side of -the No Not yet recorded, LESSOR/ Agreement T8S. R96W. 6" centerline as REQUIRED? LEASE PM and Sec. 34 described in NAME DOCUMENT EFF. DATE COUNTY ROOK PAGE ENTRY W2SW T7S, construction Bureau of Land Management Pipeline right- of -way grant N/A N/A N/A NIA NIA R96W, 6"' PM plans and shown on Exhihit A to Ycs Permit application pending. (Grand hind ion Field Oflice) Sections 4, 8, 9, 17, 16, 20, 21, 31.32 T8S, R96W, 6" PM Right -of -Way Section 6, T95. Easement R96W, 6'it PM Agreement I6 Ronald C. Tipping, Marie E. Right -of --Way Easement Agreement 2/18/08 Garfield RK 1 4640 PG 184 2432989 A tract of land situated in Sec. 27 SFSW, Sec. 7.5' on tither side of the centerline as No Tipping, Rodney C. 33 SENE, unci Sec_ 34 NWSW, described in construction Power, and NW4,T7S; plans and shown William R. R96W, 6" I'M on P.xlsibit A to Patterson Right -elf -Way Easement _ 1 Agreement NOTE: THE FOLLOWING RIGHT-OF-WAYISA.SSIGNEI IN ITS ENTIRETY,. 11 LEGAL. DESCRIPTION DESCRIPTION OF RIGHT- CONSENT TO ASSIGN COMMENTS LESSOR/ OF ENTIRE OF -WAY REQUIRED? LEASE RIGHT -OF- BEING NAME DOCUMENT EFF. DATE COUNTY ROOK PAGE ENTRY WAY ASSIC;NED Bureau of Land Management Pipeline right- of -way grant N/A N/A N/A NIA NIA Lands as generally described below: Entire right -of- way Ycs Permit application pending. (Grand hind ion Field Oflice) Sections 4, 8, 9, 17, 16, 20, 21, 31.32 T8S, R96W, 6" PM Section 6, T95. R96W, 6'it PM 11 PERMITS FEDERAL PERMITS Type of Permit Issued By Purpose 1 Application Permit No. Approval/ fssuancc Dale Expiration Date Comments Sections 12. 13 Nationwide Permit 12 Pre- Construction Notification Department of Defense • Sacramento District Army Corps of Engineers (Grand Junction, Colorado) Work in navigable U.S, waters or discharge, dredge or fill material in U.S., including wetlands (construction of drainage crossinW Approved. 2 Right -of -Way Grant Bureau of Land Management {Grand Junction Field Office} T9S, R97W_ 6Trr Permit application pending. Lands as generally described bcow: Seclions d, 8, 9, 17, 16, 20, 21, 31, 32 T8S, R96W, 6-1" PM Section 6, 19S. R96W, 6rrr PM Sections 12, 13 T9S, R97W, 6rrr PM Sections 19, 27 28. 29, 30 T9S, R96W, 61rr PM l"es PM Seclions 19, 27 28, 29. 30 T9S, R96W. Of PM PERMITS FEDERAL PERMITS 12 Type of Permit Issued By Purpose 1 Application Permit No. Approval/ fssuancc Dale Expiration Date Comments Consent to assign required? Yes Nationwide Permit 12 Pre- Construction Notification Department of Defense • Sacramento District Army Corps of Engineers (Grand Junction, Colorado) Work in navigable U.S, waters or discharge, dredge or fill material in U.S., including wetlands (construction of drainage crossinW Approved. 2 Right -of -Way Grant Bureau of Land Management {Grand Junction Field Office} Pipeline right -of- way gent Permit application pending. Lands as generally described bcow: Seclions d, 8, 9, 17, 16, 20, 21, 31, 32 T8S, R96W, 6-1" PM Section 6, 19S. R96W, 6rrr PM Sections 12, 13 T9S, R97W, 6rrr PM Sections 19, 27 28. 29, 30 T9S, R96W, 61rr PM l"es 12 - ....... -.. Type of Permit Issued By Purpose 1 A pplicat ion Permit No. Approval/ Issuance Date Expiration Date Comments Consent to assign re. !fired? 3 Special Use Permit Forest Service (White River °Bice) Installation of pipeline Permit application pending. Lands as generally described below: Section 7. T9S, R96W, 6r" I'M Yes 4 Temporary Use Permit Forest Service (White River Office) Use of roads 2ICTOSS Forest Service lands , Permit application pending. Access across Mesa County V Road (Note: County only has historical access Ycs STATE PERMITS inimal Industrial Discharge Perm it Construction stormtvater Permit Construction Emissions Permit Issued By Colorado Department of Tranjortation Colorado Department uf Public Health arid Environment, Water Quality Control Division Colorado Department of Public Health and Environment, Winer Quality Control Division Colorado Derailment of Public I lealth and Purpose / Application installation of natural gas pipeline Iliglivray 6.) Discharge of hydrostatic test water and trench dewatering Discharge of sromiwater from constmetion site Construction of land development projc5.1s greater than Permit No. COR -03D552 0RME.0147L. 13 Approval/ Expiration Issuance Date Date 04/013/08 03/19/08 06/30/12 02115/09 Comments Permit application pending. Yes Permit application pending. Yes Approved. Environment. Air l 25 acres Pollution Control Division LOCAL PERMITS Type of Permit Issued By Purpose Application Permit No. Approval/ Expiration Issuance Date Date Comments Consent lo assign required' - Garfield County Building and Pipeline Development Man Administrative Permit Planning Department. Garfield County, Colorado Constriction of pipeline (pipeline development plan) 3 Garfield County Utilitica Installation Permit for Installation of Utilities in Public Right -of -Ways Garfield County Utilities Installation Permit for Installation of Uiilitics in Public Right-of=Ways Road and Bridge Deportment. Garfield County Road and Bridge Deparunent, Garfield County installation for natural Gas pipeline (County Road 300) Installation of natural gas pipetiitc (old Una Bridge) 4 Mesa County Underground and Utilities Permit for installation of Utilities in Public Right -of -Ways Division of Design and l:neintxring, Mesa County Installation for nantnlgas pipeline (County V Road) OTHER PERMITS 14 Permit applicatin pending. Yes Permit application pending. Permit application pending. Permit application pending, 15 Type Of Permit Issued By Purpose / Application Permit No. Approval/ Issuance Date Expiration Date Comments Consent to assign required? 1 Union Pacific Railroad Ennraachment Permit Union Pacific Rail Road Installation of natural gas pipeline Permit application pending. Ycs 2 Construction Permit Colorado Department of Public Ilealth and Environment. Air Pollution Control Division Portable natural gas compressor engine, referred ttt as f ,nCrgm CP-PI3, homebascd at 2717 County Road 215, Parachute, Colorado 05P00078 6-21-2007 Yes 3 Construction Permit Colorado Department of Public Iiealth and Environment, Mr Pollution Control Division Portable natural gas compression package, homcbascd at 2717 County Road 215, Suite 1000, Parachute. Colorado 05P00936 2-16-2007 Ycs 4 Construction Permit Colorado Department of Public I4calih and Environment, Air Pollution Control Division Portable natural gas compressor engine, referred to as EnCana CE -P 15, homebased at 792 Bockhorn Drive, Rifle, Colorado 051'00080 3-31-2005 Yes 15 Exhibit B Contracts and Agreements 1. Purchase Orders Purchase Order Number Date 08101684-01-001 1,31:08 08101684-01-001CJ01 4/22108 3 08101684-01-001C/02 5/19/08 4 5 6 08101684-01A-001 4/22/08 08101684-02-001C/01 4/22/08 08101684-02A-001 4x22/08 7 08101684-03-001 4/22/08 8 08101684-04-001 4/22/08 9 08101684-05-001 4/22/08 10 08101684-06-001 4/22/08 11 08101684-07-001 4/22/08 12 08101684-07-001C01 6/17/08 13 08101684-08-001 4/22/08 14 08101684-08-001C01 6/17/08 15 08101684-09-001 4/22/08 16 08101684-10-001 4/22/08 17 08101684-11-001 4/22/08 18 08101684-11-001-CO1 6/17/08 19 08101684-12-001 4/22/08 20 08101684-12-001C01 6/17/04 21 08101684-13-001 4/22/08 22 08101684-14-001 4/22/08 23 08101684-15-001 4/22/08 24 08101684-15-001C01 6/17/08 25 08101684-16-001 4/22;08 26 0810168417-001 ��4/22/08 27 08101684-17-001C01 16/17/08 28 08101684-18-001 4/22/08 29 08101684-19-001 4/28/08 30 08101684-20-001 +4/28/08 3] 08101684-21-001 4/28/08 32 08101684-22-001 4128/08 33 08101684.23-001 4/22/08 34 08101684-24-001 4122;08 35 36 08101684-25-001 x'22/08 08101684-26-001 4/22/04 37 08101684-27-001 4/22/08 38 08101684-28-001 4/22/08 39 08101684-29-001 4/22/08 • 40 08101684-31-001 4/22/08 41 08101684-31B-001 4/22/08 42 08101684-32-001 4/22/08 43 08101684-33-001 4/22/08 44 08101684-34.001 4/22/08 45 08101684-36-001 4/28/04 46 08101684-37-001 4/28/08 47 08101684-37-001C01 6/19/08 48 08101684-38-001 5/21/08 r 49 08101684-39-001 5/19/08 50 08101684-41-001 Not dated 51 08101684-42-001 5/19/08 52 08101684-43-001 5121/08 53 08101684-44-001 5/29/08 54 08101684-46-001 5121/08 55 :, 08101684-46-001001 6/19/08 56 " 08101684-47-001 6/17/08 57 I 08101684-Colo\Vvo 5/29/08 58 i 08101684 -Hogue 5/29/08 I1. Other Agreements 1. Surface Access Agreement dated July 1. 2008 by and between Colowyo Coal Company, L.P. and EnCana Oil & Gas (USA) Inc. 2. Lease Of Property dated April 23, 2008 by and between John and Danita Hogue, as Lessor, and EnCana Oil & Gas (USA) Inc., as Lessee 3. Letter of Authorization dated May 1. 2008 from Specialty Restaurant Corporation and Stockton Restaurant Corporation 4. Property Lease Agreement dated effective May 1. 2008 by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor, and EnCana Oil & Gas (USA) Inc., as Lessee 5. Letter of Authorization dated May 1, 2008 from Specialty Restaurant Corporation and Stockton Restaurant Corporation 6. Property Lease Agreement dated effective May 1. 2008 by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor, and EnCana Oil & Gas (USA) Inc.. as Lessee 7. Sales Order by and between EnCana Oil & Gas (USA) Inc. and American Cast Iron Pipe Company, as amended 8. Schedule "A" dated July 24, 2006 by and between EnCana Oil & Gas (USA) Inc. and Universal Compression Inc. relating to Application #112190 and Quote #0620602BRB attached to Master Compression Services Agreement dated January 1, 2006 by and between EnCana Oil & Gas (USA) Inc. and Universal Compression Inc. 9. Schedule "A" dated July 24, 2006 by and between EnCana Oil & Gas (USA) inc. and Universal Compression Inc. relating to Application #112191 and Quote ;*0620603BRB attached to Master Compression Services Agreement dated January 1, 2006 by and between EnCana Oil & Gas (USA) Inc. and Universal Compression Inc. 10. Work Order dated March 11, 2008 by and between EnCana Oil & Gas (USA) Inc. and Exterran. Inc, relating to Opportunity #80176 and Unit 4312244 attached to Master Rental and Service Agreement dated February 1; 2007 by and between EnCana Oil & Gas (USA) Inc. and Hanover Compression Limited Partnership Exhibit C Equipment and Materials 1. 121,440 feet of 24" OD x 0.500" wall AP15L Gr. X-70 PSL 2 HF -ERV, 14 mils FBE coated, PEBW pipe per EnCana Purchase Order number 8USSPDA-08-001. 2. 63.000 feet of 24" OD x 0.48" wail APISL Gr. X-70 PSL 2 HF -ERS`, 14 mils FBE coated. PEBW pipe per EnCana Purchase Order number 8USSPDA-08-002 as amended. 3. The Inlet condensate stabilization system and associated equipment denoted on Dwg. No. 2012210-00-0I of the Mamnt Creek Conditioning Facility. 4. Hot Oil Heater and pump system as denoted on Dwg No. 2012210-00-020 and Dwg. No. 2012210-00-021 of the Matntn Creek Conditioning Facility. 5. Engineering and design work products: 1. Hayes Mesa plot plan ! design work to date 2. Pipeline Surveys or alignments sheets partially or fully completed to date. SPECIA' L.,'1'Y RESTAURANTS C()RPORA'1'ION 1}cccinber 11, 2008 pnt,:itiriar Gus Ptocesaing, LLC u 1)elulvrirc limited Liability you poily Specialty Resttflwrrints Corporation/ Stockton Restaurant Conmi Minn is town e that l nCngn 011 and Gas (USA) hie., and 1?ntcrprista Gnu 1"rt}C'C's:illg lova COlfatliilnnlllteil Sin 111;rcement and 0ctpilt.ed certain permits that leases that lutve iutplicalians for Specialty Rest ritirlln1s C:nrp, Specialty Restaurants Corp/SRC is in agreement And acknowledges that EnCnrla has assigned Two (2) leases to Enterprise. Cins, Specialty Restaurant Corp/SRC Leases bio now approved for 'assignment 110 Jriterpriso Gas stud iire 074 1611() -s: 1. Seven.(7) acre, vacant land least) that started on April 30, 200S and oxpire,i efrf lv11ay 1; 2009. This ic;lso has ora renoWlil li1u it) err upiiou dense, this lease will oxpire: on slily 1,2(109 and Lill equipment and belongings of Lessco shall tri rcilfoved froin the prrapedty by no later then May 1, 2009, ,`,}aecfalty;lt.'.ctartram Corp/,SRCShall r:rrraslrl&extcardiacs, this lease ax pct carrvatrsutfo)ax with Mdly Chat ini-Repr'osentafira for 31 C wale( these general terms set firth to be irpprdi'crl by both padles. Coi€sirlcrrativar r.Cteniiirir this lease will be for a Tato of 6 -months .rtrrt'tln,S UN nay 1, 2009 and a nellnr; 0H ()ember 31; 2009 awl u one tinter rental prapn eat of payable to Specialty liestanernar.t/.S/iC upon signlr) gfalr.,4, Vvr;lrire;at to the original koscaccepted /9'till. 2. `i wenty-ortc (21) taxes, vacant land lemic that stinted en Apii1 30, 200S and expire' May 1, 2009 with dm ()Mimi to E0.111.3 • this lease for :mother 1 -you term. Lt•sseo must make pryatlt:lit of to S1)1.101.14 Rustauri1iita C.cupISRC, 30 days prior.to thee, ttitatlir i darts: or the lctesc. 4` «-111 16! y lli Stulitiiits .101E101 4111ol1 �ize5,, ' - SI i kton RCM -au -nut Coipcuiltion :E'rf 1:7:i :1«t'ftrii •;;N;t.Alill;Crr;l.C;19«y'1S retkliu;ura7I•1)::''r•iliJO 1.:!':(11.11')U.1 1411mA-01RO) FAN t71•11+1?1•:.°t3t,tF.l\1;klr'r°a,,.NO, ir\cro,crlinh.;()awl,l FAN I1t•ti(}'ltt.;f.Qi;t'e\Xk7j.11',sa;l.il.ai•f(i"isa;dhm;io,,l January 12, 2009 Specialty Restaurants Corporation 8191 East Kaiser Blvd Anaheim, CA 92808 (Lessor) and Enterprise Gas Processing, LLC 2727 North Loop West I-touston, TX 77008 A Delaware limited Liability Company (Lessee) Specialty Restaurants Corporation by accepting payment in the iinc.ount of has acknowledged that Enterprise Cias Processing, LLC has accepted assignment or the two (2) leases dated April 30, 2008 for a 7 acres vacant land parcel and a 21 acre vacant land parcel that were leased to EnCana Oil and Gas (USA) Inc. Enterprise Gas and Processing shall abide by all terms of such leases. Lease dated April 30, 2008 (7 acres) shall be extended and have an expiration date of October 31, 2009. Lease dated April 30, 2008 (21 acres) shall have a new expiration date or May 1, 2010. Svc alty Restaurants Corporation 011:1? '5fOr:Y.V151 I_ff4 May 27, 2009 RE: 7 acre (vacant Land Lease) known as a Contractor Yard located in: Township 7 South, Range 96 of the 6th P.M., Sec. 33: NE 1 /4, NE 114 Also known as the 5 -Mile Ranch as per lease dated April 30, 2008 See Attached Exhibit "A" Tenant: Enterprise Gas Processing Landlord: Specialty Restaurants Corporation Lease to April 30, 2010. EnCana Oil and Gas (USA) Inc. assigned Enterprise Gas Processing, LLC the above captioned lease and on January 12, 2009 Specialty Restaurants Corporation approved Enterprise Gas Processing as the Tenant. On January 12, 2009 Specialty Restaurants Corporation also approved Enterprise Gas Processing request to extending the term of the lease for a 6 -month period to October 31, 2009. On May 27, 2009 Enterprise Gas Processing requested an additional extension of the 7 -acre yard. This letter approves Enterprise Gas Processing's request to extend 7 acre yard for an additional 6 -month extension of lease on 7 acre lease, making the NEW expiration date May 1, 2010. s Stahl-V.P. Specialty Restaurants Corporation Stockton Restaurants Corporation Toby J. Guccini Agent/Rep for SRC Corporations D9 • EXHIBIT "A" This Exhibit "A" is attached to and made a part of that certain Property Lease Agreement by and between Specialty Restaurants Corporation and Stockton Restaurant Corporation, as Lessor and EnCana Oil & ©as (USA) Inc., as Lessee. Township 7 South, Range 96 West of the 6t P.M. Section 33: NF_/4NEj4 EnCana OIL & GAS (USA) INC. LOCATION LAYOUT FOR 7 ACRE OFFICE & YARD SITE SECTION 33, 17S, Rgaw, fith P.M. NE 1/4 NE 1/4 Existing Fenceline NC S. Car. Prevailing �j�). Winds SCALE: 1" 100' DATE, 04-15-08 , Drawn By. D.13.9", it ✓ r, r ▪ � $'to. 51-71 ►t C--1.9' v. soos.kr 4 Approx; Cop of k Cul Slope 265' Stn. 34,98 255' 4 u Sta. 225Q �� k Existing Fenceline rt.. same 3 NOTES.' Elev. Ungraded Ground At .Southeast Corner "50003' f7N/SHED LYtADE ELEV AT Southeost Corner -5000.5' ..Eta,_ 17'00 Existing Access. Rood (Core) r i Ex+sUng 2-Trock-yr // 'FIGURE #1' Approx. /�f Toe of F 0,2' Fill slop, . EF, -5 r. 5000.3' UINTAFI ENGINEVAINC & LAND SURVEYING a6 So. 200 She ' Vernal, Utah 64016 • CVO 766-1017 Ie. x 1111 iWi 11111.11111AUVIRICAVEIrill Hi 111H Reoeptlon#: 770716 07/02/2009 03:19:23 PM Jean A1berico 1 of 2 Rec Fee:$l1.00 Doc Fee:0.00 GARFIELD COUNTY CO SPECIALTY REST AURAN'I'S CORPORATION June 29, 2009 To: Garfield County, CO Re: Audhorizatrou of Toby Gucchlr Dear Garfield County: ir? This letter is to confirm and verify that Toby J. Guccini is the registered agent of record in Colorado for Raley Ranch Project, LLC and Rew Ranch Project, LLC and is authorized to act as our representative and sign documents on our behalf relating to planning, building and development applications, permits, approvals, property taxes, water rights, trespass issues and/or leases concerning or affecting our real property located in the County of Garfield owned by Specialty Restaurants Corporation and/or its affiliated companies including Stockton Restaurant Corporation, Specialty Taverns, Inc., Port Everglades Restaurant Corporation, Raley Ranch Project, LLC and Rew Ranch Project, LLC. if you have any questions pertaining to such authorization, please do not hesitate to call the undersigned. Sincerely yours, Dennis J. Stahl Vice President & General Counsel 8191 East Kaiser Boulevard, Anaheim, CA 92808 Telephone (714) 279-6100 FAX (714) 998=7574 (Executive) FAX (714) 998-4861 (Legal/Finance) FAX (714) 998.4962 (Accounting & Others) FAX (714) 998-8496 (Purchasing) FAX (714) 998-7609 (Construction) 1111! 'ra rivvIntioic time etIom1 o.414 11111 Iteceptiona: 770716 07/0272009 03:19:23 PM Jean Alberico 2 of 2 Rec Fee:S11.00 Doc Fee:0.00 GL1RF]ELD COUNTY CO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County of Af On 0.0260i1 before me, Oafs personally appeared IY } Credit • Hari con am9 T 0 oI Pa Omar YeAlP Namele) of eKs) LYNETTE M. KELLUM g� COmmLulon # 1653369 telir, Z rNotary public • Calflornia }z *14,4 Orange County MyCornm,ExplresMar 21.2010 Place Notary 3.11 Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged io me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal, Signature Signature or NoNry Pubac OPTIONAL Though the information below is not required by law, 8 may prove valuable to persons relying on the document and could prevent fraudulent removal end reattachment of This form to another document. Description of Attached Documentp Title or Type of Document: ar– , Document Date: Signer(s) Other Than Named Above: Number of Pages. Capaclty(ies) Claimed by Signer(s) Signer's Name: Li Individual ❑ Corporate Officer — Title(s): f) Partner --0 Limited fl General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: I1 C I1 !HUMIJPr11IJ f OF SIGNER Top of Ihumb here Signer's Name: L) individual n Corporate Officer — Title(s): ❑ Partner — 0 Limited n General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer is Representing: HIGHf TM/MON-MI r1F 51C,NEH Top of thumb here c-c-nr,X-cur,;(3cVAM,uz:ccz. xz;U44, rtr4�-ci:c; xtr=C 2.,,c ccot, xt,,urr. trc,,,LX, 02007 Nabonal Notary A000C a6on• 0350 De Som Ave., P.O.liaa 2402 rC7lalteurt1. CA 91313-2402. meat Natic.41Noieryoaa Ilam 0907 Re der:Call Tol Free 1-ecoe7See27 Commonwealth Title Company of Garfield County, Inc, 127 E. 5th Street Rifle, CO 81650 Phone (970) 625-3300 / Fax (970) 625-3305 803 Colorado Avenue Glenwood Springs, CO 81601 Phone (970) 945-4444 / Fax (970) 945-4449 Date: February 5, 2009 To: Western Field Services Attn: Shane McCoy Phone: 970-985-8246 Fax: Email: westernfieldservices@bresnan.net Re: / Chevron U.S.A. Inc. Thank you for your order. Enclosed please find the following in connection with our File No. 0901138 20" Extension: ❑ Commitment ❑ Title Policy ❑ Endorsement ❑ Tax Certificate ❑ Other Copies Sent To: COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No. 0901138 20" Extension 1. Effective Date: December 19, 2008 at 7:59 AM 2. Policy or Policies to be issued: (a) ALTA OWNER POLICY (ALTA 6-17-06) $0.00 Proposed Insured: (b) ALTA LOAN POLICY (ALTA 6-17-06) Proposed Insured: 3. The Estate or interest in the land described or referred to in the Commitment and covered herein is Fee Simple and is at the effective date hereof vested in: Chevron U.S.A. Inc. 4. The land referred to in this Commitment is situated in the County of Garfield, State of Colorado and described as follows: A portion of the following patented Placer Mining Claims to be determined by survey embracing the following described land: Midland No. 8, placer mining claim, described as the Southwest Quarter of Section 13 in Township 6 South of Range 97 West of the Sixth Principal Meridian. Midland No. 9, placer mining claim, described as the Northwest Quarter of Section 13 in Township 6 South of Range 97 West of the Sixth Principal Meridian. COUNTERSIGNED: TITLE CHARGES Informational Only Commitment Charge $500.00 American Land Title Association Schedule A (Rev'd 6-06) Authorized Officer or Agent Valid Only if Schedule B and Cover Are Attached Issuing Agent: Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, CO 81650 File No. 0901138 20" Extension SCHEDULE B - SECTION T The Following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded to the office of the Clerk and Recorder of the County in which said property is located. 1. This is an Informational Only Commitment and no policy will be issued hereunder. NM6 American Land Title Association Commitment Schedule B - Section 1 - Form 1004-5 File No. 0901138 20" Extension SCHEDULE B - SECTION 2 Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the Public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records, 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Reservations, conditions and stipulations contained in United States Patent No. 886260 recorded November 9, 1922 in Book 138 at Page 228 as follows: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on May 27, 1921. -That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last-named dated, the same is expressly excepted and excluded from theses presents. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 9, 1922 in Book 138 at Page 228. 11. Reservations, conditions and stipulations contained in United States Patent No. 909604 recorded September 28, 1922 in Book 141 at Page 149 as follows: -That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on July 2, 1923. -That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above-described premises at said last-named dated, the same is expressly excepted and excluded from theses presents. 12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 2, 1923 in Book 141 at Page 149. 13. Conveyance of an oil an gas royalty to The Eaton Investment Company as more fully described in Royalty Deed recorded May 7, 1956 in Book 292 at Page 525, and any and all interests therein or assignments thereof. 14. Terms and conditions of Oil and Gas Lease by and between Chevron U.S.A. Inc., as Lessor and Petroleum Development Corporation, as Lessee, recorded March 18, 2003 in Book 1447 at Page 585 and any and all interests therein or assignments thereof. (Continued) NOTE: EXCEPTION(S) N/A WILL NOT APPEAR IN THE POLICY TO BE ISSUED HEREUNDER. The Owner's Policy of Title Insurance committed for in this Commitment, if any, shall contain, in addition to the Items set forth in Schedule B - Section 2, the following items: (1) The Deed of Trust, if any, required under Schedule B - Section 1. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes, assessments and unredeemed tax sales. NOTE: The policy (s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. American Land Title Association Commitment Schedule B - Section 2 Form 1004-12 File No. 0901138 20" Extension SCHEDULE B - SECTION 2 (Continued) 15. Non-exclusive pipeline right of way and easement granted to Petroleum Development Corporation described in instrument recorded April 13, 2007 in Book 1913 at Page 441. 16. Non-exclusive pipeline right of way and easement granted to Marathon Oil Company described in instrument recorded July 16, 2007 in Book 1950 at Page 481. 17. Terms, conditions and all matters set forth in Garfield County Resolution No. 2007-101 recorded October 17, 2007 at Reception No. 735293. 18. Terms and conditions set forth in Special Use Permit recorded December 11, 2007 at Reception No. 739021. 19. Terms, conditions and all matters set forth in Garfield County Resolution No. 2008-27 recorded February 21, 2008 at Reception No. 743337. 20. Terms and conditions set forth in Special Use Permit recorded February 21, 2008 at Reception No. 743338. 21. Non-exclusive pipeline right of way and easement granted to Berry Petroleum Corporation described in instrument recorded September 15, 2008 at Reception No. 755674. suld premien or any part thereof, without the written consent of first party indorsed . - ;hereon, and thst,,,if the same is. sseiPned.or transgerad, or;any portion of said prenlses 1 [leased or sublet uithort such coneent,'or if 'said rorty at the"see"and p.rI ePa11i full or I negleot to perform any of the conditions of thle lease by him to be rertoraed,•titen thin lesee ehell be void end of no effect end said let party ABU have the immediate right upon said forefiture, to re enter and rerosseee sold premises and removesuid second party • 1 without notice, notice to quit being hereby expresely calved. : In wttnees whereof the parties have hereunto set their hands end sells, In Triplicate, thin :9th, day of September A. D. 1921. 1 } =Ii iD :c`n REC RD NO.. 2,10E2, at 6:02 A. 11. r So. 60716. Glenand Springs•020920 R. B. Punasey . 'forty of the let pert. Jeeee O. fordpke Forty of the 20 part. Walter J. Prot, Recorder. • !HE UIIIYkD 54AT6D O? Allslt1CA,' 50.ALL'TO 'A .Oil THESE PRESENTS SHALL 0012, GRE%TIHGk • WHEREAS, In pnrensnce of tho inTuiisions of the Ravine!' Statutes ofthe United Statee, Chapter @Ix, £itle Thirty -tiro, and legislation eupple-ental thereto, there has been deposited in the General Land Office of the United States the Cortifleate of the Register of the land Offioe at Glenwood Springe.•Colorado, accompanied' by other•evidense, , whereby it appenre that.Bru:e C.' Eaton did;'on Deeenber.B. 1)21, duly enter and post for that certain mining claim or prenieee, known as the Hidland No. -6, Hldland IIo. 7, end Midler,/ No, 9 placer mining clnins, eltunte.in:the Parachute Mining District, Garfield . County, Colorado, described ee follo:rs:,the.liidland 11o..6 claim, comprising the northeast tnarter of Section thirteen in Township six eolith of Range ninety-seven neatsof the sixth Principal teredien;.the ilidiehd Ao. 7 claim, comprising the southeast quarter of ea d aegtion thirteen; nnd:the ?'tdlaud-Uc. 9 plain, conrr1ein,7 the northwent uuerter of eatd Section thirteen; the preniees herein`,granted, containing fn r ihuriifeu eights DO'n 1210W YE, That there in therefore, pursuant. to the,laws aforesaid, hereby granted by the United Statee unto the said Bruce C. Ditto the euid placer wining premisoe 7:erein- befora deearibed. . . . TO Iva LI1D TO HOLD said mining premises, together iith all t) a rights; privileges, impunities end appurtenances of whatsoever nature thereunto belonging, unto the said grantee above nened and to his heirs end assigns forever; aub;eot neverthelees to the following conditions and stipulations; • f PIRST,'That the trent hereby cede le reetrioted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quarts or other rock in place bearing:gold.:eilver, cinnaber,.lead, tin, copper, or other ralueble depolIte, which hare teen diecavered within said finite euboeyuent to and which were not knuwn to exist on L'ay.27, 1921. SECOIID,4hat ahcula'-oriq.'vein •6e lode.. of'goartz or"other rock -in place'b_aring 'I gold, silver, oinr.Lbar, lead, tin, copper,.or.Other valuable deposits, be claimed or known to exlat within the above-deecribed;preulses at said last-named date, the sane is expressly excepted an] exoluded from theae presents. 7HIRD •tlat the-preaisee hereby aonveyed shall be held eubjeet..to any ranted and accrued water rights -for mining, agricultural, runufneturing, or other purposes, end rightsto ditches and reservoirs used 1n'conheoti'en with ouch water rights as may be reecgnlxedand soknaaled -ed,.by.the.local lane,_onstoms,,,and.deoiaiona of.the. courte. - And there la reserved from the lands hereby granted g rights of Troy thereon for ditches or canals constructed by the authority of the United States. ?0U:311, That in the absence of ncoeeesry legislation by Congress, the Legleloture of..Golerado_* y_.-provide,rnlep.fer-norltng the..nininc auto or prenisea.bereby-grunted, involving casements,'drainsge, and other neceaoary means to the•connlete development t'nere- of. . " III TOMMY I'i,i2REO2, I, Warren G. Harding, President of the United Statee of A rice'have''daueed-th'eee'lettere'to be'ted'e Patent;' and the'dea1'of the'Generol. - Land Office to be hereunto affixed. • • GIVEN under nr hand, in the Dietriot of Columbia, the THIRD day of IIDYEUBLR In the year of'aur Lord:ore-thousend,nlne-hundred and TWENTY-TWO.And of the Independence of the -United- 0tates• the alit hui-3red-and PORYP n VE!IPH - ." . the President: ,Warren 0, Hardin • ' Sy Viola B. Pugh, decretery. John O'Connell . - hating Recorder of the General Land Office. • R C0 D?Dt=PA TUT Humber 880260. PILED PCR RECORD L'O7. 0, 1922 at 10:65 oTelocb A. H. 12LTER J. FROST, 11eop..DER. 149 [13570 63571 AFFID1'1IT OF L131d ADD 1UP3)1a1331'3. BT1T3 OF C0L)t1D),) }BS. County of Garfield j Before ie,the aobeoriber,pereonally appeared L.B.lberaathy,who beim duly sworn, ealth that at•leeet-Tao /200.00 Hundred dollars' worth of work or inprovepmente were performed or made upon t. p.A..puarter of Seo.30 Tp.6 5.nonge 97 W. end 3t of 3} of 0. f.quorter of 3 30, Tp 6 e. (u ed in Lt. Logan awning Dietrict,Cannty of Garfield, State of Colorado,ee regarded in book.... page..., ofthe reeorde of Said Garfield County,euoh oxpenditure,nade by or at the eapenae of dachington Shale Oil & Produote Co. ownere of said oloine,for the year ending July 1, 1J23,and for the purpose of holding geld oleine. Such expenditure made between May 20 day of,1923 and Jnne.39 day of,1923 Subaeribed and aeon to hefts' = me thie ) 2nd day of Ja1y,A.D.1923. ) C.Z.Buoklee. 0FF7C141 1 L.B.Abernathy Dep,}io.Clork & :eo, FIL3D PJ. a..'v)Bs .-.! 2:05 G'0L).'•L 2.:I. JULY 2,1923. d.t2.:.i J.F3331. .is'.Oflfl 3. 37 D:• rJ.& . Glenwood Springs 022384 Id?. U1113SD 311135 03 ££333101, To all to shun these preeenta eball eome,Greeting; Wheroaa,In pureuanoe of the provisions of the 3evieed Statutes of the Unites States Chapter Six;lit1e Shirty-two,and legielatton aappletental'.thereto,there hes been dep- osited in the General Land Offioe of the United States the Oerttfiaate of the 5ePte- ter of the /and Office at Glenwood Springe,Colorado, aoaompanied by otherevidence, whereby it appears that Bruce G.Saton dld,on January 17,1923,dnly enter and pay for that certain mining claim or premises, known as the Midland Uo.e.plaoer mining claim, situate in the Parachute Mining Dietriot,Gerfield County,Colorado.deaaribed ae the eouthweat quarter of Section thirteen in Yownehip six south of Bangs ninety-seven weat of the Sixth Pribaipal Uoridian,the premieee herein granted containing one hund- red sixty acres. 11OST YIiOS Y3,That there ie thorefore,pureuent to the laws aforeeaid,hereby grant- ed by the United Staten Hato the said Bruce G.3oton,the said placer mining premieee hereinbefore deeeribad; TO H..VZ AZ) 30 HOLDBaldmining prenleee,together with all the rlghte,priv11- egaa,imanittae,and appurtenances of whatsoever nature thereunto belongLnr,unto the maid grantee above named and to his heirs and aeeigne foreverieubjeot nevertheleea to the following 000ditlone and etipulatione; • 21532. That the grant hereby made le reetrleted in its exterior limlte'to the baundarlee of the maid mining premieee,and to any veins or lodes of quartz or other rock in place bearing gold,eilver,olnnabar,lead;tin,00pper,or other valuable depoeite which may have been dieoovered within said limits aubeequent to and which were not ' known to exlet an September 28,1922, . . Stipend. That ehould any vein or'lade of quartz or other rook in plaoe bearing ,gold,silver,oinnabar;lead,tin,onppor,or other valuable depaeite.be claimed or known: to exiet within the above-deeeribad .premieee et eats meet -named date,the same le expreeely exoepted and axe/tiled from these preeente, Third. ?het the premteae hereby conveyed shall be held enbjeot to any vested and acorn?) Tater righte for mining;agricultural, nanufaoturing,or other.pnrpoeaa, and rights to ditchee and reaarvoire used In aonneotioa with euoh water rights ae ,.. may be reaognized and aoknowledged by the local loae,cuetona and decisions of the eaurte. And there le Teemed from the lenge hereby granted a right of way,thereon for ditohoe or canals conetraoted by the authority of the United Staten. Fourth. That in the ebaance.of necessary legislation by Congreae, the Lepialat- nra of Colorado,may provide rules for working the mining olatm or premieee hereby granted,lnvolving areemente,dralnage,und other necessary :sane to the complete development'thereef. • IA T3S71.11J07 rd333OP,1, ,larren O'IEarding, Praeident of the United Statee of Lerioa,hnve eaneed these letters to be made Patent,andi the Seal of the General Land Office to be hereunto affixed. • Given under my hand,in the District of Oolunbia,the Twentieth day of June in the year of our Lord one thoueand nine hundred and Twenty Three and of the Independenoe of the United States the one hundred and Forty -Seventh. ay-t¢e Praeident Warren G.Harding By Viola B.Puph,$eordteryl 1,P.Le3oy aeoorder of the General Land Offloe. Reoorded: Patent Humber 909604 Fan FOR ,330J2D ..'a' 2;08 0'CG :GE P1. JULY 2,1923. TSLi'2:3 J.F:i3SP. 23CJ:i133. 37 C.::.BUJi:L:1. D:PU Y. • • riy ; • -4••,:, !AMP:del% a 1. (fl JIJ 1,7 orir,aolzEd an.1 1,y virtue or tho .1aws of the State of Colorado, an: `1Hr: r:ArloN • COMPANY, a corporation •;.; 7. -rii; • • tut: ilzw, (Jr !1•. vil.cyZik! ::=1,11..LE-113 ::olor:itlu, or thE pars, Cr ar.d in vunsIdera- t :t•r; of 11;,, are] ZOOd ar..1 ialua L.1 • th, vil..y or i11.:. firs:. par. In 'sarei paid ty Inv :.7a:j plrly Lit:c0n1 parL. ,ht race4.:. whereof is nereky conrk,I;J'A 4ni doa. subject to all of the provisions raw— 1111*, -,41n, con•dey confirm unto the party of :*•._•:•••.-_;•, • .lov Yo cd-ori1 •,:"i;•• ..:11.;;•.•j.o: iriEas that sc.ty be pro - 0:1 ▪ meihodu on Eavej Vvr-rn• Gve.on i.vr• F• - ' ; z1,77 rc•12C/..;:th- ithrfi-1.! • :)1 Colo:;;:.ia, :7: lot. L. :•—. 1:112 ▪ x; .•-ct • .:•_P:L_1.4..Z • ;•".; . A• : • .... $3 0:: '292 ra,.:o 526 89°52' east 533.35 feet, :hence florin Ai" j1' East 135.9 feet, thence North 11'441 West j,b.9 fees.; thence North 43°151 West 78.9 feet; thence North 75°9' West 126.9 feet; thence North 14°1+9' hest 169.9 feet; thence North 18°52' East 132.9 feet; thence North 14°49' Est 151.9 feet; thence North 51°11' East 165.9 feet; thence North 513°20' West 241.85 feet; thence North 7°12' east 97.9 feet; thence North 87°59' West 254.9 feet to the point of beginning, containing 10.94 acres, more or less, also a strip of land 60 feet in width, the north lino of said strip beir►r. ieacrtb-•1 I follows, to -wit: f:_,;1lln%612 aL a point Wa!-nc+• 'tt quarter corner of said S,ctions 17 and 20 'tear:; North 18°59' rest 139b feet, and on a line with the line fence between John and Jacqueline Cox land and John 0. Crawford land; thence East along; the line of said fence to the county road; said tract being a strip of land 60 feet in width from the county road westerly along the southerly line of Cox land to and upon the above descrited 10,94 acre parcel, containing 171.79 acres. Said royalty shall be free and clear of all costs of minin , drilling, producing and saving said oil and gas, tut shall be subject to the proportionate burden of taxes levied upon the severance, production or sale of said oil and gas. Said royalty shall Le paid monthly, but shall not be Lased upon any such oil or gas used for drilling or operation purposes or unavoidably lost. T:.e above conveyance of said oil and gas royalty of two and one-half per cent (2b%) of the market value of all oil and gas produced, saeed and marketed is Lased upon the follcr;lr- distinct and express understandin; and agreement, namely, that it does not include oil shale or oil, ,;as or other r:ineraIo or deriva- tives secured throuzn oil shale operations from any fora tion ata to limited to oil or yas secured thr.uwi conventional oil r;;_J1 drilling operations. 1t is further dlstlnctlj unuerstood arra agreed that said royalty shall attach only to oil ani gay that may be actually produced from any formation below the Cr•ten Formation of Zocene Age and that there shall Le no ot11:aiiun upon the party Of the first part, its suecescor:i or as:.:ir n*, at any t1rn or for any reason, to drill for :Al or i'as at any Lime or in any -2- Book 292 PsEe 527 particular place or at all and that said royalty shall be pay- able and continue only if party of the first part, its successors and assigns, shall in its or their sole discretion drill for oil or gas on veld land by itself, or through lessees,through conven- tional oil well drilling methods and secure production from any formation below the base of the Oreen River Formation of Eocene Age as a result thereof. TO HAVE AND TO HOLD the above described royalty and -the rights, privileges and benefits appurtenant thereto herein granted unto the said second party, its successors and assigne.forever, and the said first party does hereby bind itself, its successors and assigns to warrant and forever defend all and singular said royalty and the rights, privileges and benefits•appurtenant thereto herein granted unto the said second party, .lta successors and assigns, against every'person whomsoever lawfully claining or to claim the came or any part thereof, by, through or under party of the first part. IN WITNESS WHEREOF this instrument is executed the day and year first above written. •. • t. ST/it COUNTY uw-s+-e-O se. EATON SHALE COMPANY By e res .ent The foregoing instrument was acknowledged before me this ,S day of1956.b; Tomka /�lss istant ae r. . President and VQ, a.i). l,� -n as Secretary of EAToh! :COMPANY, a corporation. • .4•; , *'commission expires 10 • 6.Witness my hand and official seal. :tic1^ rrt Notary Public 111111111111111111111111111111111111111111111111111111! 823088 03/18/2003 01:59P 81447 P585 M AISDORF 1 or 6 R 38,25 D 0.00 GARFIELD COUNTY CO OIL AND GAS LEASE (LEASE #3) THIS AGREEMENT, made and entered into as of the 15th day of November, 2002, by and between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company, whose address is 11111 S. Wilcrest Dr., Houston, Texas 77099 hereinafter called "Lessor," and Petroleum Development Corporation, whose address is 103 East Main Street, P.O. Box 26, Bridgeport, West Virginia 26330, hereinafter called "Lessee." WITNESSETH: 1. Lessor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, of the royalties herein provided and of the agreements of Lessee herein contained, hereby grants, demises, leases and lets exclusively unto Lessee all of Lessor's right, title and interest in the land hereinafter described, for the purpose of investigating, exploring, drilling for, producing, saving, taking, owning, transporting, storing, handling and treating oil and gas, herein called leased substances, together with all rights, privileges and easements useful for Lessee's operations hereunder on said land; including but not limited to the following rights: to lay pipelines; to build roads; to construct tanks, pump and power stations, and power and communication lines; and to redrill, deepen, maintain, rework and operate any well so drilled, subject in all cases to the provisions of paragraphs 15 and 16. The land included in this lease is situated in the County of Garfield, State of Colorado, and is described on the attached Exhibit A, including all of Lessor's right, title and interest in all leased substances underlying lakes, streams, roads, streets, alleys, easements and rights-of-way which traverse said land; and including all lands owned or claimed by Lessor as a part of any tract above described; and containing 5325.42 acres of land more or less. This lease shall cover all of Lessor's right, title and interest in said land now owned by or hereafter vested in Lessor. For the purpose of calculating any payments based on acreage, the land shall be deemed to contain the acreage above stated. 2. Subject to the other provisions herein contained, this lease shall remain in force for a period of three (3) years from the date hereof, herein called "primary term," and thereafter so long as leased substances or any one or more of them are being produced from said land or any operation permitted hereunder is being conducted on said land or this lease is continued in force by reason of any of the other provisions hereof. 3. Royalties on leased substances to be paid by Lessee are: (a) on oil, eighteen and three quarters percent (18.75%) of that produced and saved from said land, to be delivered at the well or to the credit of Lessor into the pipeline to which the wells may be connected; Lessee may from time to time purchase any royalty oil, paying therefor the market value in the field where produced on the day it is run to the pipeline or storage tanks; (b) on gas, including casinghead gas, produced from said land and sold or used off the premises, the market value at the well of eighteen and three quarters percent (18.75%) of the gas so sold or used, provided that on gas sold at the well the royalty shall be eighteen and three quarters percent (18.75%) of the amount realized from such sale. If Lessee shall discover gas hereunder on said land or on land unitized with any of said land, Lessee may at any time or times during or after the primary term and at Lessee's election, pay as royalty (herein called shut-in gas well payment) a sum equal to one dollar per acre on the acreage then held by Lessee hereunder, whereupon it shall be considered for all purposes of this lease that a leased substance is being produced hereunder from said land for a period of one year; such year to commence on the anniversary of this Iease next preceding such payment. Provided, however, that this lease may be extended by tender of shut-in well payments for no more than two consecutive years from the anniversary of this lease next preceding Lessee's payment. Any such payment may be made in the same manner as provided elsewhere in this lease for payments hereunder but shall not be in lieu of any royalty based on actual production. Lessee may use, free of royalty, leased substances from said land for all operations conducted upon the leased lands or lands unitized with any of said land. 4. This is a Paid -Up lease and Lessee shall not be obligated during the primary term to make any further payments or to commence or continue any operations hereunder in order to PDC Lease- New Lease l'3.doc 2/18/2003 sok0tF`r�C -1- 111111111111 111111 1111 111111 111111 111 11111 111 1111 623088 03/16/2003 81:59P 61447 P686 I RLSDDRF 2 of S R 38.25 D 0.90 GARFIELD COUNTY CO maintain this lease in force. Any money payable hereunder may be paid in cash or by check, mailed or delivered to Lessor. Lessee may at any time or times surrender this lease as to all or any portion of said land by mailing or tendering to Lessor or by filing for record a release or releases, and be relieved of all obligations thereafter accruing as to the acreage surrendered, but same shall not relieve Lessee of any obligation existing as of the date of such release. 5. If any operations or production of a leased substance or any combination of such activities shall occur hereunder and if at any time or times after the primary term or within sixty (60) days before expiration of the primary term, such operations or such production or any combination of such activities shall cease for any cause so that none of such activities continues, such cessation shall not cause this lease to terminate and this lease shall remain in force if and so long as (a) shut-in gas well payments are made under paragraph 3 (if applicable) or (b) any operation or production of a leased substance is commenced or resumed hereunder within sixty (60) days after cessation of the last of the operations or production that had occurred hereunder or (c) the cause of cessation is covered by paragraph 8 hereof. Wherever used in this paragraph 5, or wherever else used in this lease unless the context requires otherwise, the meaning of the word "operations" shall without limitation include: drilling, digging and boring operations, producing operations, the drilling of a dry hole or successive holes before or after production is obtained, plugging back, reworking operations, deepening operations and remedial operations in connection with drilling or producing operations. 6. Lessee shall pay for all damages caused by Lessee's operations, including but not limited to damages to growing crops, buildings, irrigation ditches, livestock, feed lots and fences. Lessee will bury pipelines below ordinary plow depth at the time of installation when crossing cultivated land owned or operated by Lessor or its surface lessees. No well shall be drilled within two hundred (200) feet of any residence or other improvement now or hereafter constructed on said land without the consent of the owner thereof. Lessee shall have the right at any time within ninety (90) days after expiration or surrender of the lease or any part hereof to remove all of Lessee's property and fixtures, including the right to draw and remove all casing. Lessee shall restore the surface as nearly as practicable to its original condition upon expiration or surrender of the lease. 7. Lessee shall have neither the right nor the power to assign this lease, in whole or in part, to another party without the prior written consent of Lessor. Lessor may withhold its consent to any such proposed or attempted assignment for any reason or for no reason in its sole discretion, Any attempted assignment made in contravention of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. The granting of Lessor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment which may be proposed or attempted will be ineffective without Lessor's prior written consent. Provided, however, this provision shall not apply to assignments that may be made to limited partners that Lessee may be required to make under limited partnerships Lessee may form to conduct operations under this lease. Also, this provision shall not apply to transfers of interest that result from mergers, acquisitions or sales of all of Lessee's assets and assignments to Lessee's corporate affiliates. 8. Whenever as a result of any cause beyond Lessee's reasonable control (such as fire, flood, storm, or other act of God, governmental law, order, or regulation, labor disputes or war) Lessee is prevented or hindered from exercising any of its rights hereunder, complying with any of the terms hereof or carrying out any of its obligations hereunder, and such prevention or hindrance occurs during the term hereof, either primary or extended, as the case may be, the obligations of Lessee hereunder (excluding only its obligation to pay royalties on actual production, and other monetary payments required or permitted by the terms of this lease), shall be suspended during the period of such prevention or hindrance and for ninety (90) days thereafter. If such hindrance occurs during the primary term hereof, the primary term shall be extended for a period of time equal to the period of such suspension and this lease shall remain in full force and effect during such period of suspension and during any such extension of the primary term. 9, In connection with operations for the production of oil and gas or either of them, Lessee may at any time or times pool or unitize this lease insofar as it covers the lands covered PDC Lease . New Lease 0(3.doc 2/1812003 -2- 1111111 11111BIM 1l11111111111l BEM 111111 Nil iIII 623088 03/18/2003 01;59P 01447 P587 M ALSDORF 3 of 6 R 38.25 D 0.00 GARFIELD COUNTY CO hereby, in whole or in part, as to any stratum or strata, with other lands and leases in the same area or field so as to constitute a unit or units whenever, in Lessee's judgment, necessary or advisable to comply with a law, rule, order or regulation of a governmental authority having jurisdiction, to reduce or prevent economic waste, to protect correlative rights, or to promote, encourage or accomplish the conservation of natural resources, by filing for record in the applicable county records an instrument so declaring. Upon production from any part of any such unit, Lessor shall be entitled to the royalties provided for in this lease on only that fractional part of unit production allocated to that portion of this lease included in such unit. Operations upon any such unit or production from any part of such unit shall be treated and considered for all purposes of this lease except payment of royalties, as operations upon or production from this lease. 10. The royalties hereinabove provided are determined with respect to the entire estate in leased substances and if Lessor owns a lesser interest therein or if this lease covers Tess than the entire estate in leased substances, the royalties to Lessor shall be reduced proportionally. Lessor makes no warranties of title to the leased premises, whether express or implied. Lessee at its option may purchase or discharge in whole or in part any tax, mortgage or other lien upon said land, may redeem the same from any purchaser at any tax sale or adjudication, and may reimburse itself from any royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same. 11. Lessee agrees to defend, indemnify and hold harmless Lessor, its affiliates, and any employee, agent, contractor or other representative of Lessor and its affiliates, from any and all claims, demands, suits, losses, fines, penalties, damages, liabilities, costs and expenses of every character whatsoever (including but not limited to court costs and attorneys' fees) arising out of or in connection with Lessee's operations on the leased lands. 12. If this lease has not sooner terminated, then effective as of five (5) years after expiration of the primary term this lease shall terminate as to all depths below the stratigraphic equivalent of the deepest depth drilled on the leased lands and as to all lands not included within a spacing unit producing or capable of producing oil or gas in paying quantities. In the event the area in which a well is drilled and completed is not spaced as per applicable state oil and gas regulations, then the lease shall be deemed to cover an approximate three hundred twenty (320) acre parcel surrounding and including the well location, Lessee shall file of record an appropriate release within thirty (30) days after the effective date of the termination. 13. At all times during the drilling, testing and completing of any well drilled on the leased lands or on lands pooled therewith, Lessee shall cause Lessor and its affiliates and the employees and agents of Lessor and its affiliates, to have access at their sole risk to the derrick floor and all facilities relating to the drilling of the well(s) and to receive all information relating to such operations including but not limited to daily drilling reports and logs, cores and samples obtained in connection with such operations the same as though Lessor and its affiliates were drilling the well(s). Notices of intent to spud, log and plug and abandon wells shall be famished to the following: ChevronTexaco Shale Oil Company Attn: J.T. Schmid, Jr., Manager 11111 S. Wilcrest Dr. Houston, TX 77099 Upon written request, Lessee shall furnish all well information, including all reports, logs and samples to: ChevronTexaco Shale Oil Company Attn: Greg Brose 11111 S. Wilcrest Dr, Houston, TX 77099 14. This lease is made without warranty of title, express or implied, and is expressly subject to any exceptions and reservations and other matters affecting title of record. PDC Lease - New Lease 113.doc 2/18/2003 -3- 1111111 11111 111111 1111 111111 11111 111111111 11111 11111111 623088 03/18/2003 01:59P 81447 P568 11 ALSDORF 4 of 6 R 38.25 D 0.00 GRRFIELD COUNTY CO 15. Lessee shall obtain prior written approval from Lessor for each use of the surface that Lessee proposes to make under this lease, including but not limited to drill sites, access and surface reclamation plans. 16. Notwithstanding that Lessee may have obtained Lessor's approval under paragraph 15 to make various uses of the surface of the leased lands, Lessee's operations shall be subordinate to Lessor's right to conduct shale oil operations on the leased lands at any time in the future. If Lessor determines in its reasonable discretion that Lessee's operations will interfere with Lessor's shale oil operations, Lessee agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of Lessee's wells, gathering systems and other related facilities in order to eliminate an interference shall be borne by Lessor. If any such change, cessation or relocation of facilities results in permanent loss of production, Lessor will compensate Lessee for same at the then fair market value of the leased substance. Effective January 1, 2018 and thereafter, Lessee agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate an interference and Lessor shall have no obligation to compensate Lessee for lost production resulting from such elimination of an interference. IN WITNESS WHEREOF, this instrument is executed as of the date first above written. LESSOR CHEVRON U.S.A. INC. TAX I.D. 25-0527925 By: Social Security or Tax Number Its: Attorney -in -Fact STATE OF TEXAS COUNTY OF HARRIS ) ) LESSEE PETROLEUM DEVELOPMENT CORPORATION By: Its: The foregoing instrument was acknowledged before me this All -day of 1111 dlN'Gl ' , 2003 by O. F. Baldwin II as Attorney -in -Fact for Chevron U.S.A. Inc. My Commission Expires: 9' STATE OF WEST VIRGINIA ) ) COUNTY OF HARRISoN Notary Public ELAINE J. GRADER Notary Public Stete of tbxes My Cornmlaalon Expires September SO, 2004 Ir The foregoing instrument was acknowledged before me this 21 st day of February , 2003 by Tltcmas E. Riley as VP Marketing of Petroleum Development Corporation. issiExpires: 3.ine 2, 2009 a1tS� Ritia A. Clark PDC Lease . New Lease fl3.doc Notary Pub -4- Notary Pu OFFIg Finn A K ot Virginia Petfoleum Development Corporation 103 East Maln Btreet, Box 26 Bridgeport, WV 26330 My commission expires June 2, 2009 2!]8/2003 111111111111111111111111111 1111111111111111111111P589 M 11111 RF 5 of 6 R 38.25 0 0.00 GARFIELD COUNTY CO EXHIBIT A OIL AND GAS LEASE (LEASE #3) Between Chevron B.S.A. Inc. and Petroleum Development Corporation Dated November 15, 2002 830150 — EATON BASIC AGMT NO. 10 & 11 FEE T6S, R97W, 6th P.M. Midland #6 Section 13: NE/4; Midland #7 Section 13: SE/4; Midland #8 Section 13: SW/4; and Midland #9 Section 13: NW/4; containing 640 acres, more or less. 830210 — EATON BASIC AGMT NO, 9 FEE T6S, R97W, 6thY.M. Community #2: W/2 E/2 of Section 12; containing 160 acres, more or less, 116700 — EATON BASIC AGMT NO. 8 (PRATT 11 & 12) FEE The Pratt No. 11 Placer Mining Claim comprising the NW/4, and the Pratt No. 12 Placer Mining Claim comprising the NE/4, all in Section 11, T6S, R97W of the 6th P.M.; containing 320 acres more or less. 830320 — C. H. DARROW FEE T6S, R97W, 6`h P.M. Eureka Placer Mining Claim No. 21-2 Eureka Placer Mining Claim No. 21-3 Eureka Placer Mining Claim No. 22-4 Eureka Placer Mining Claim No. 22-3 Oklahoma Placer Mining Claim No. 6 Naomi Placer Mining Claim No. 2 Naomi Placer Mining Claim No. 3 Naomi Placer Mining Claim No. 5 containing 1,400 acres, more or less. Section 21: NW/4; Section 21: SW/4; Section 22: SE/4; Section 22: SW/4; Section 21; NE/4; Section 28: NE/4 NW4, 8/2 NW/4; Section 28: NE/4; and Section 21; SE/4; 910370 — EATON BASIC AGMT NO. 8 (PRATT 7 & 8) FEE T6S. R97W, 6a' 1'.M. Pratt No. 7 Claim, embracing Section 11: SE/4; and Pratt No. 8 Claim, embracing Section 11: SW/4; containing 320 acres, more or less. 910390 — EATON BASIC AGMT NO 7 FEE T6S, R97W of the 6`h P.M. The Gem No. 1 Placer Claim, being the SE/4 of Section 1; the Gem No. 2 Placer Claim, being the SW/4 of Section 1; and the Community No, 1 Placer Claim, being the E/2 of the E/2 of Section 12; Plus T6S, R97W of the 6a' P.M. The Gem No. 3 Placer Claim, being the SE/4 of Sec. 2; The Gem No. 4 Placer Claim, being the SW/4 of Section. 2; The Gem No. 5 Placer Claim, being Lots 9, 10, 15 and 16, Section 2; The Gem No. 6 Placer Claim, being Lots 11, 12,13 and 14 Section 2; The Gem No. 7 Placer Claim, being Lots 9, 10,15 and 16 in Section 1; The Gem No. 8 Placer Claim, being Lots 11, 12, 13 and 14, Section 1; PDC Lease - New Lease #3.doc 211 s/2003 -5- 1111111 11111111111 II1111111111111 111111111 1111 Eng 623088 03/18/2003 01:89P 81447 P590 N AI.SOORF 6 of 6 R 38.25 0 0.00 GARFIEI.O COUNTY CO The Gem No. 9 Placer Claim, being the south 40 acres of each of the Lots 5, 6, 7 and 8 (said 40 acre tracts being now re -platted and numbered as Lots 21, 22, 23 and 24) in Section 1; and The Gem No. 10 Placer Claim being the south 40 acres of each of the Lots 5, 6, 7 and 8 (said 40 acre tracts being now re -platted and numbered as Lots 21, 22, 23 and 24) in Section 2. containing a total of 1760 acres, more or less. 910400 — R. L. EATON AGMT NO 3 FEE T6S,.R97W, 66 P.M. Champion No. 5 Placer Mining Claim, embracing Lots 19 and 20 in Section 1, containing 36.04 acres, more or less. 830310 — D.D. POTTER #11 FEE T6S, R97W 6'h P.M. Lots 1, 2, 3, and 4 in Section 33; and Lots 3 and 4 in Section 34; containing 329.38 acres, more or less. 830300 — D.D. POTTIER #7 FEE T6S, R97W, 6th P.M. Denver No. 111 Placer Mining Claim, being SE/4 of Section 28; and Denver No. 112 Placer Mining Claim, being SW/4 of Section 28; comprising 320 acres, more or less. 830290 — D.D. POTTER #5 FEE T6S, R97W, 6'" P.M. NW/4 NW/4 of Section 28; comprising 40.00 acres, more or less. END OF EXHIBIT A PDC Lease - New Leese #3.doc -6- 2/18/2003 1111 KrAlbt1111.141.111C144 N lI t111'1 i 1101 Receptlona: 7210B9 1 ef310 0 eoOFes:$624 ,00 Dao9Fee:000tGARFIELLD beOrUfNoo CO PIPELINE EASEMENT AGREEMENT STATE OF COLORADO ) COUNTY OF GARFIELD ) QLS S�y67,� THIS PIPELINE EASEMENT AGREEMENT, made this nay of October, 2006, between Chevron Shale Oil Company, a division of Chevron U.S.A. Inc, a Pennsylvania corporation, with offices at 11111 S. Wilcrest Dr., Houston, Texas 77099, hereinafter referred to as "GRANTOR" and Petroleum Development Corporation, a Nevada corporation, with offices at 3801 Carson Avenue, Evans, CO 80620, hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, GRANTOR is the owner of certain real property in Garfield County, State of Colorado; and WHEREAS, GRANTOR desires to grant and GRANTEE desires to acquire certain rights in a portion of said real property; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. GRANT OF EASEMENT. GRANTOR hereby grants to GRANTEE, subject to the terms and conditions hereof; the following easement; A. A non-exclusive pipeline right-of-way in certain parcels situated in Sections 1, 12, and 13, T6S-R97W, and Sections 19, 20, 29, and 33, T5S, R96W, of the 6th P.M., Garfield County, Colorado and is more particularly described in Exhibit "A", which is attached to this Agreement. This right-of-way is one hundred feet (I00') in width, the centerline of said right- of-way being situated directly over the proposed pipeline right -of --way as further detailed in Exhibit "A", for the sole purpose of surveying, laying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing multiple pipelines (with above-grotmd valves, meters, drips, fittings, appliances, and related facilities), for the transportation of natural gas and associated liquids and gases, and water, hereinafter referred to as "the pipetirteTM, over and through the land described in Exhibit "A" hereof hereinafter referred to as the "Easement Area," in the County of Garfield, State of Colorado. The rights granted herein do not include the right to explore for or produce oil, gas or other minerals, and do not include agricultural, farming, ranching or hunting rights. This Grant of Easement is strictly limited to the acreage as described in Exhibit "A" and if GRANTEE disturbs any of Grantor's Lands which are not a part of this agreement, GRANTEE shall pay damages to Grantor for the disturbance and shall immediately restore said lands to their original condition. If any pipelines or related equipment are installed in, on, or under any acreage other than that specifically set forth on Exhibit "A." then upon Grantor's written request, Grantee shall immediately remove that portion of pipeline and/or equipment, re-route and/or relocate the pipeline and/or equipment, and shall restore the disturbed acreage (both the portion disturbed which is located outside of that specified on Exhibit "A," and that portion disturbed located within Exhibit "A") to the its original condition_ B. GRANTEE shall have the right of ingress and egress in, on, over, across and through the Easement Area for any and all purposes necessary to the exercise by GRANTEE of the rights and right-of-ways granted herein. r 1111 Kt HANK MI# PilrAIi+,Jnr IMII1 111 III Recent iemit : 721069 04/13/2007 01:42:14 PM 8:1913 P:0442 Jean Alberlco 2 of 10 Rao Fee:$52.00 Doo Fee:0.00 GARFIELD COUNTY CO C. GRANTOR reserves the right for itself or its assignees to explore for, mine, and remove oil shale, oil and gas, ores and other minerals in, on or under the Easement Area. D. This Agreement is made subject to all existing easements, rights-of-way, licenses. leases and other agreements affecting the surface or subsurface of the Easement Area and GRANTOR further reserves the right to grant other easements to third parties to cross over or under this easement and right -of ways. GRANTEE is responsible for obtaining any necessary third party consents prior to conducting activities on the Easement Area pursuant to this Agreement E. GRANTOR makes no warranties or representations concerning the title to the Easement Area, 2, COVENANT THAT OPERATION OF EASEMENT NOT INTERFERE WITH SERVIENT TENEMENT. A. GRANTEE agrees to maintain and operate the easement herein granted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of GRANTOR's adjoining property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. B. Except for above -ground valves, meters, drips, fittings, appliances, and related facilities as provided for herein, GRANTEE shall have no right to locate any permanent surface installation on any part of the Easement Area without the prior written approval of GRANTOR, which approval is separate from and in addition to any rights granted in this Pipeline Easement Agreement. C. GRANTEE agrees to remove top -soil from the Easement Area separately from other material removed by GRANTEE in connection with its activities on the Easement Area, and to replace such topsoil on completion of any such activity. GRANTEE further agrees to insure that the Easement Area shalt be left fret of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. All stones, brush and debris uncovered on, removed from or deposited on GRANTOR's lands as the result of activities permitted hereunder shall be disposed of at GRANTOR's direction. Except as otherwise provided herein, all areas disturbed as the result of activities permitted hereunder, within three months of installing pipe into the Easement shall be reclaimed to original condition or as near thereto as practicable, which shall include reseeding with seed mixes approved by GRANTOR or GRANTOR'S agricultural lessee(s), Grantee shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation. Reseeded areas shall be properly mulched except in pastures and hay fields. GRANTEE shall spray all areas affected by construction to control noxious weeds for a period of no less than three growing seasons following the installation of pipe. D. GRANTEE agrees to replace or rebuild, to the satisfaction of GRANTOR, any and all parts of any road or any drainage or irrigation system or other improvement that may be damaged in coimection with GRANTEE'S activities conducted pursuant to this Agreement. Upon completion of any pipeline construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE shall grade all permanent roads on GRANTOR's lands which were used in connection with said activities. E. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such crossing shall be reasonably necessary in conducting activities permitted under this Agreement GRANTEE shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to such crossing as promptly as possible provided, however, that GRANTEE shall not be responsible for a lack of proper enclosure or for restoration of fencing if caused by someone other than GRANTEE, its employees, agents, contractors, subcontractors, or invitees. F. GRANTOR reserves the right to fence the whole or any part of the boundaries of the right-of-way, and the right to build fences crossing such easement. 1111R NIA111.1%111/41.1ffi1mti. *hI 11111 Reception#: 721069 04113!2007 01:42:14 PM B:1913 P:0443 Jean P1bertoo 3 of 10 Rea Fee452.00 oac Fee:0.00 GARFIELD COUNTY CO G. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of thirty-six (36) inches between the top of the pipeline and facilities and the ground level except In those areas where rock is encountered that would otherwise require blasting, in which case, the facilities shall be buried a minimum of eighteen (18) inches below the surface. li. Except as otherwise provided herein, GRANTEE shall properly backfill and compact disturbed ground, excavated pipeline trenches, and other excavations in connection with its activities on the Easement Area. Compaction of disturbed areas in hay fields and pastures shall be accomplished using hydro -compaction methods followed by replacement of topsoil, free of stones and other debris. Immediately upon completion of any activity performed under this Agreement, GRANTEE shall repair damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre -disturbance grades and fiowlines. All culverts and buried irrigation system pipelines damaged by the activities permitted hereunder shall be replaced by GRANTEE immediately upon completion of the activity, I. GRANTEE shall have the ongoing responsibility of assuring that irrigation systems damaged by the activities permitted hereunder are restored to their proper operating condition and that areas of settling and slumping in GRANTOR's fields and pastures, caused by the activities permitted hereunder, are permanently restored to field grade. J. Except as otherwise provided herein, GRANTEE shall maintain current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the Easement Area and shall provide GRANTOR with copies of such drawings each time they are updated. K. GRANTEE shall take all necessary precautions. in conducting its activities under this Agreement, to prevent brush and grass fires. L. GRANTEE shall determine if any activities require any permits or approvals from any agencies, organizations, groups, governmental committees or other entities having jurisdiction over such activities and shall be solely responsible for obtaining such approvals or permits. M. GRANTEE shall participate in conducting a vegetative cover and sage grouse habitat study, approved by a Chevron Health, Environment & Safety representative, in Section 29, T5S, R96W 6 P.M. Said study shall be initiated, to the satisfaction of GRANTOR, before pipeline construction in said Section 29 proceeds. The study shall include a mutually agreeable time frame covering the period before, during and after pipeline construction activities in said section. A mitigation plan for said Section 29 shall be developed by GRANTOR, based on the results of said study and other information, and implemented at the sole cost of GRANTEE. N. A segment of the proposed pipeline corridor on GRANTOR surface, approximately between and including' lines L142 and L151, will parallel a steep two -track road and adjacent gullcy heading north into the Bear Run drainage in the NW/4, Section 29, T5S, R96W 6's P.M. The pipeline corridor and pipelines located therein shall not encroach on or be placed in said gulley. Following construction of pipelines in said segment, GRANTEE shall place and maintain obstacles across the two -track road so it can no longer be used. O. GRANTEE shall comply with all federal, state and local laws and regulations governing the discharge of construction and other material into drainages. GRANTEE shall be responsible for the adequacy of its pipeline designs and construction, including, but not limited to, design and construction of drainage crossings. P. GRANTEE shall control fugitive dust during construction of the pipeline on GRANTOR surface. Q. GRANTEE shall ensure all pipeline corridor cut and fill areas and other disturbed areas on GRANTOR surface are reeontoured to generally conform with the surrounding terrain, 3 r ■Rf ii '� MAK Ma% 1111161ELMI IS 114 11111 Recept,fen#: 721069 404 of 310 Roo Fee:$52.00 Dao:42:14 PM 913 Foe:0 00AGJARRFIELDpCOUNTY CD R. Pipeline construction activities on GRANTOR surface shall be coordinated with GRANTOR's surface lessees to minimize conflicts for both GRANTEE and the lessees. 3. TERM OF AGREEMENT. Unless terminated or canceled prior thereto in the manner provided for herein, the term of this Agreement shall be a period of one (1) year from the effective date hereof; and shall continue so long as GRANTEE continues to use and maintain the pipeline and associated facilities in the Easement Area without interruption for more than one hundred eighty (180) consecutive days, at which time GRANTOR will have the option of terminating this Agreement as provided in Paragraph 9111. 4. PAYMENTS. GRANTEE shall pay to GRANTOR a payment in the amount of four thousand doliars ($4000) upon execution of this agreement. An annual payment, as hereinafter described, shall be made by GRANTEE to GRANTOR on or before each anniversary date of this Agreement, at the address first set forth below in this Section 4. The first of such annual payments shall be in the amount of four thousand two hundred dollers (S4200). Said annual payment shall thereafter increase by Five percent (5%) each year. Na payment shall be deemed made by GRANTEE under this Agreement until the correct amount due Is actually received by GRANTOR All payments to GRANTOR hereunder shall be made by GRANTEE'S check, mailed postage prepaid, to GRANTOR at Chevron Shale Oil Company, P.O. Box 840659, Dallas, TX 75284-0659, which shall continue as the depository for payments hereunder regardless of changes in ownership of the Easement Area, until such time as Grantee is notified, in writing, of a change of corporate name, identity and/or address of GRANTOR Said payment shall reference this Agreement's QLS as found at the top of page one of this Agreement. 5. USE OF EASEMENT AREA. A. All activities permitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not interfere with GRANTOR's and GRANTOR's lessees', licensees', and pennitees' exploration, mining, oil shale, oil and gas, farming, ranching, land development and/or other operations on other lands in the vicinity of the Easement Area. Prior to exercising any rights granted hereunder. GRANTEE shall give notice of GRANTEE'S planned construction activities to all persons holding any rights, licenses, permits, easements or leases to use the surface of the Easement Area and lands used for access thereto. B. All activities permitted pursuant to this Agreement shall be performed by or under the direction of GRANTEE, and GRANTEE shall not permit, unless otherwise authorized by GRANTOR, public easements, public facilities, or public roads over or under the Easement Area. C. GRANTEE shall keep the pipeline and associated facilities in a good and safe condition and, after doing any work which disturbs the surface of the Easement Area, GRANTEE shall restore the surface of the Easement Area to as good a condition as existed prior to such work. D. Notwithstanding that GRANTEE may have obtained GRANTOR's approval under this Agreement to make various uses of the Easement Area, GRANTEE'S operations shall be subordinate to GRANTOR's right to conduct shale oil operations on the Easement Area at any time in the future. If GRANTOR determines in its reasonable discretion that GRANTEE's operations will interfere with GRANTOR's shale oil operations, GRANTEE agrees to change, cease or relocate its operations in order to eliminate the interference. Costs incurred prior to January 1, 2018 in connection with the relocation of GRANTEE's pipeline, valve terminals, gathering systems and other related facilities in order to eliminate interference shall be bome by GRANTOR. Effective January 1, 2018 and thereafter, GRANTEE agrees to change, cease or relocate its operations at its sole risk and cost, in order to eliminate any interference and GRANTOR shall have no obligation to compensate GRANTEE for lost production or for the costs and expenses of relocating or ceasing operations resulting from such elimination of interference. 4 r VIII m MINIM I?JY4>a PC P111111 Rseeption#: 721069 04/13/2007 01:4214 PM 8:1913 P:0445 dean AlberIco 5 of 10 Rec Fes:$52,00 Doc Fee:0.00 GARFIELD COUNTY CO 6. INDEMNIFICATION. GRANTEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GRANTEE'S ACTIVITIES OR OPERATIONS UNDER THIS AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF GRANTEE OR GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, GRANTEE, GRANTEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. ,OUCH INDEMNITY 5 lj,L APPLY EVEN IN THE EVENT OF AN INDEj,1NITEE'S OWN NEGLIGENCE. WHETHER SUCH NEGLIGENCE IS $QLE. COMPARATIVE. CONTRIBUTORYLCONCURRENT. ACTIVE. OR PASSIVE, AND REGARDLESS OF WHETHER LIABILITY WITI,QIJ' FAULT IS DOSED OR $OUGHT TO BE IMPOSED Off ONE OR MORE 97 THE INDEMNITEES. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 7, GRANTEE INSURANCE REQUIREMENT. Without in any way limiting GRANTEE'S liability under this Agreement, GRANTEE shall maintain, during the terns of this Agreement, the following insurance with companies and on terms satisfactory to GRANTOR: A. Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law. The limit of liability for Employers' Liability Insurance shall not be less than SI,000,000 per occurrence. B. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by GRANTEE under this Agreernent; Product and Completed Operations Liability Insurance; Broad Form Property Damage Liability Insurance; and coverage for Explosion, Collapse and Underground Hazards. The limit of liability for such insurance shall not be less than $1,000,000 per occurrence. C. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall extend to owned, non -owned and hired automobiles used in the performance of this Agreement. The limits of liability of such insurance shall not be less than $1,000,000 per person/ $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The insurance specified in this Section Seven shall contain a waiver of subrogation against GRANTOR, and shall name GRANTOR as an additional insured with respect to the activities performed pursuant to this Agreement. In addition, said insurance shall include a requirement that the insurer provide GRANTOR with 30 -days' written notice prior to the effective date of any cancellation or material change of the insurance. PRIOR TO HAVING ANY RIGHT TO ACCESS THE LANDS SUBJECT HERETO OR EXERCISING ANY OF THE RIGH'T'S GRANTED IN THIS AGREEMENT, GRANTEE MUST FURNISH GRANTOR WITH COPIES OF THE INSURANCE POLICIES OR CERTIFICATES OF SMD INSURANCE PROVIDING THE COVERAGES AND ENDORSEMENTS REQUIRED HEREIN. All insurance policies or certificates of insurance provided to GRANTOR shall be in a form acceptable to GRANTOR, shall reference this Agreement's QLS number as found at the r gill riftlielitlifilictIN 11111 Receptiontt: 721069 604 of 3100Pet 7 0Fes:$52.00 Doc Feer0 006GARFIELD0000NTY CO top of page one of this Agreement and shall be provided to GRANTOR prior to GRANTEE exercising any of the rights granted herein. 8. TAXES, LIENS AND ENCUMBRANCES. GRANTEE agrees to pay promptly and before delinquency all taxes and assessments levied or assessed upon or against the Easement Area during the term hereof, by reason of, or resulting from GRANTEE'S activities under this Agreement in relation to the pipeline and associated facilities, and to reimburse GRANTOR for any increase in taxes paid by GRANTOR resulting from the value of such pipeline and associated facilities, whether or not separately assessed. GRANTEE shall pay all taxes levied or assessed upon or against GRANTEE's pipeline and associated facilities and operations on the Easement Area. 9. TERMINATION. A. In the event of any default by GRANTEE in its obligations hereunder, GRANTOR may deliver to GRANTEE written notice specifying the default. If the default remains uncorrected for a period of thirty (30) days after delivery of the notice, this Agreement may then be terminated in writing by GRANTOR subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. GRANTOR'S right to terminate this Agreement when GRANTEE has not corrected a default within thirty (30) days, shall be a continuing right of GRANTOR for the life of this Agreement. If this Agreement is terminated under this provision, said termination shall be effective the date the notice of same is placed in the mail addressed to GRANTEE. S. It. at any time after GRANTEE begins construction of the pipeline, GRANTEE fails to use the Easement Area or any linear part thereof for the purposes provided hereunder for more than one hundred eighty (180) consecutive days, GRANTOR may terminate this Agreement as to those parts of the Easement Area no longer used as above, by written notice to GRANTEE, subject to the provisions herein concerning site reclamation and facility removal and subject to liabilities accrued prior to termination. At such time as GRANTEE has reached the one hundred and eighty (1 80) day threshold, GRANTEE must deliver notice of the nonuse to GRANTOR within one (1) month of said threshold date. If GRANTEE fails to deliver said notice of nonuse to GRANTOR within the specified one (1) month time period, then this Agreement shall automatically terminate. C. Upon any termination of this Agreement as to all or any linear part of the Easement Area, and unless otherwise approved by GRANTOR, GRANTEE shall dig up and remove its pipeline and associated facilities. GRANTEE shall have a period of six (6) months from and after the effective date of termination in which to remove the pipeline and all of its associated facilities from the Easement Area or from the part thereof as to which the termination applies. Upon such removal, GRANTEE shall place the Easement Area in a neat, safe and orderly condition. D. Upon termination of the rights herein given, GRANTEE shall execute and deliver to GRANTOR, within thirty (30) days after written demand therefore, a good and sufficient quit claim decd to all interest of GRANTEE in the Easement Area so terminated. Should GRANTEE fail or refuse to deliver to GRANTOR such quit claim deed, or if GRANTOR after a good faith effort to locate GRANTEE is unable to locate GRANTEE, then a written notice by GRANTOR, duly recorded, reciting the failure or refusal of GRANTEE to execute and deliver said quit claim deed, or inability to locate GRANTEE, as herein provided, shall after ten (10) days from the date of recordation of said notice, be conclusive evidence against GRANTEE and all persons claiming under GRANTEE of the termination of this Agreement or a portion thereof and all interest of GRANTEE hereunder as to that portion, subject to GRANTEE's obligation to remove its property within six (6) months of such termination. E. Termination shall not operate to extinguish any obligations of GRANTEE which have accrued at the time of termination, or which accrue hereunder upon termination. 10. TRANSFER OF INTEREST. The rights granted to GRANTEE under this Agreement shall not be assigned or otherwise transferred without the prior written consent of ■uE rrrd marvel el Pit rlf'I HKfi,fllt in S 11111 Reception#: 721069 74/13eOe20D7FILCTor10 RaFe$52.0Doc Fee0.00GAREDOUNY CO GRANTOR. Subject to the foregoing, all of the terms, covenants, and conditions of this Agreement shall be binding upon the successors and assigns of the parties. 11. WAIVER CLAUSE. The failure of either party to enforce, a any time, any of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time, performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of this Agreement or any part thereof, or the right of a party to thereafter enforce each and every such provision. 12. APPLICABLE LAW. This Agreement and the exhibits hereto shall be governed as to validity, enforcement, construction, effect, and in all other respects, by the law of the State of Colorado, and its courts shall have jurisdiction to enforce this Agreement. 13. ATTORNEYS' FEES. In the event of a default by either party in the performance of its duties, the court with the proper jurisdiction to resolve the dispute shall award reasonable attorney fees and costs to the successful party or in such other manner as the court deems appropriate. 14. NOTICES. Any notices required or permitted under this Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. Service shall be effective when received. All notices hereunder shall be directed to the addresses set forth below or such substitute address or addresses as provided to the parties at least thirty (30) days in advance of any notice. Present addresses to which notices shall be sent in accordance with the provisions of this section arc: GRANTOR: Chevron Shale Oil Company Attn: Manager, Shale Oil Development 11111 S. Wllc est Dr. Houston, TX 77099 GRANTEE: Petroleum Development Corporation 3801 Carson Avenue Evans, CO 80620 15. CONFLICT OF INTEREST. No director, employee, or agent of either party will give to or receive from any director, employee, or agent of the other party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement During the term of this Agreement and for 2 years, thereafter, any mutually agreeable representatives authorized by either patty may audit the applicable records of the other party solely for the purpose of determining whether there has been compliance with this paragraph. The provisions of this paragraph will survive termination of this Agreement. IN WITNESS WHEREOF, the patties have executed this Agreement as of the day and year first written above. Chevron U.S.A. Inc. Petroleum By; C, , Name: r.,. Its: Attorney -in -Fact By: Name: Its: ration i VIII Ird Ng 11111 Receptionf: 721069 04113/2007 01:42:14 PM 8:1913 P:0448 Jean Merle* 8 of 10 Rem Fee:552.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF TEXAS ) ) COUNTY OF HARRIS ) The foregoing 1 rument was acknowledged before me this day of= 20iCby fr.;..tei)e. as Attorney -in -Fact for Chevron USA. Inc. My Commission Expires: q rk)y2 Notary Public ./e/Adffrfae STATE OF COLORADO COUNTY OF fitillrElt The foregoing instrument was acknowledged before me trisy of October, 2006 by Tio, saA.1 W. Ga..lew. as 1 ire PwasilA..i.&w4wt Petroleum Development Corporation. My Commission Wires My Commission Expires: 05/1312008 0ON JoA Notary Public tV lurn to: 'Petroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver, CO 80203 4-h erir►� M utiles' 8 ELAINE J. GRADER Notary Public. State of Texas My Commission Expires SePlember 30. 2008 turner, for mei pwmcuter mum ponos said rum of money. Such payment their to deemed a royalty under n0 provision of this ken. Such memos may be made of &adored o lessor or to lessor's credit in the Bank at $oOK24 3.3 PAGE747 which bank and it. euwcesan.hell sooting Bs tier dopoeitory redudless debugs to ibe ownership of said Ind or the right to motive enmity beraoder. Royeity oweenhip as of the hat dsy aeon such urinal period m uhowo by lessed reoorth shag govern the determination of the any or parties entitled to maple such payment Mute to pay royalty or rhul.ie royalty when due 9w11 not same a forfeiture or terminntice of this lets, but shall be a debt owed. If lessor owns ■ len imleraer b the land oowared by this lace thio the artist and undivided fee simple Mani aria therein. dron whahan ort nun less inland ie refired m of &MOW herein. a1 royalties bathe provided shall be Amid tenor only in the proportion (cabuleed an a royalty -sue buds) w31a1 are royeky ieemPo06 owed by him in rid lend been to the lab and entire royalty interest in amid lard. 1f ars edge of either pap' here& in assigned or sublet, and the privilege of asoignine r subletting in wbok or in pat is expre sly allowed, the samosa and impf ed wwwgau hereof shell extend te the subleoes& suaoassorn and mime of the IW11$I and in the west ofa, .mermen& or nebieriting by keen, lessen shall by slimed mod diadwgod m to the leurhdd rights so msignd or whist flan terve finally to Maar dmrnaflar acanthi spm my of the 000004nu or conditions of this leu., either expose or Implied. No change in the ownership of the land or royalties, however a000mplisbed shall opiate to enlup the obligortiom ordiminish the rights ofIlene mama separate rwnriom or i.atafl ice ofmmaime teaks by Mases Notwitb*Omdiom any autos/ or eouaaumliw0 k0oeiedge da notice to leave, DO ohmage is tbo ownaxhip dend lad a of the right to mire roya10o berntttdet or of any interest thorns whether by mein of dealt cooveywrw or nay other matter, dull be binding co knee (except et krill's oytiso in mW pwtio*Mr easel mail 90 days .Ser knee by been famished writeee WOO" thaao( and 16e supporting infwmatioo b4lnafrx referred to, by the part' claiming a* a toruli of melt champ in ownership a ietereit. Sun notion 'MN be supparied by maimed or certified sinks ef d documents aid other instrsmmb or proceedings meosaauy in leased. opinion 10 em1lirh the ownership ofthe claiming petty. Lamas may, at any time. ensu& and deliver to kmor or plan of recant a reliant covens& all or any part of the swept embraced in the leased pwisea or aerating any one or more mow, formations or depths underlying el r any put of such acmag& sod drresp o shall be rd1erod of all obligation Hereafter to sorsa with remote 10 the mraagws meas, fomha6ons depths severed by much rdara Wan is monied the right from lime Io time whits this ham is in force, to pod trio a *pails opening mit or moils all many parr of the land covered by this Lime with other land, lease or Mmes, err interest; therein {whether such other Maws are pooled by *voluntary agreement on de part of the .enure demeofr by the asetrdr alfa fight b pod the Foams tlhwaofy, what in lessee's judgment it is oecamery or advisable In order b promote ewservaiat to property develop or opera& the Wad and Weems to be pooled, ar to obtain a multiple penudioo allowable firm any grwer0meutmf agency Maim control owe such snorers Any poling herwader may hover en oil end pi, or airy one 000000.0(060 abdwam covered by kis Imo had mmy ono, sea or more or an mese or formations underlying all or any portion se portion of the tensed pmetises. Any noir formed by rah pooling shall be of a0iiag or cornering tracts ami nhdl not nosed 640 acres (plea a &Wenn of 10010) far gas or muromdnme& and dull or raced 160 acres (plus a ineranoo of 10%1 for any other 00 igooe =lad by this Imam, provided that if my governmental repletion or order shall prescribe a spacing patten for Ike devalopment of ■ field wherein tie meow dscnbd lend, err a partian theruv1 Is lwacd, or allocate a producing novena need on mage per well, dens .nyomb mit may amt.= as much additional scream an may be mo prwos"bed oras maybe panned is such allaaadav ofallow,14* Themes pooled and the zones rierma6 0s sed oubstoneno pooled Ado be ad feeb by heave b u "dx4ntion dpo.ling" filed for rant in 1M canary ...W Ess in whioh the poled .use is lowkd. Such gating than ba effective on the dale each declantioe is filed meleen a Mu effective dam le specified is ouch decmatio0. In lieu of the myaltiss clowbese basin specified, meat ab solo gas web matin, buoy shall rmodw on production from an ane so purled only rah patios tithe royalties which, is the skeane dtech pooling, mond be pemblo benumbs 10 hew w pmdomioo from the land covered by ilia lame which is placed Ino the pooled arm es the mom' dike mein =rage in the had armed by this tome which u placed in the pooled rive been to the amount tithe surface wale oldie entire pooled area. Nothins gamin contained dull authorize or effect my twiner of ate.'5111.b my knebod. royalty or other interest pooled mermen heath. The mmmunwmeed ora well the conduct of other drakes operations, the completion of 1 well or da dry hole r the operation da producing wet on the pooled meq *411 be oon idered for all purpose (axorpt for royalty purposes) the tarn an if mid en were kneed oo, or such drain emotions wen conducted upon, the Meda covered by this ken whether or not ash yell ie lowed upon, rsuch dribivm opwalomi are conduced upca, mid lands ]eases may awning my saliva canted moment bongod any time the pooled omit is on producing and aro dnlimg operatics: ars Wag amducted tenon by wmcutidg and filing of record in the moiety or counties in whit the pooled area in boned a withal dadermtiee ofdm lenthealiw ninon podia& provided that the poofog ern interests not craved by this keen wbirh wmpi e ■ pet ofmuch podd pail be also Wmd'ed n soma effective senna. lana shall Mos the right to unitize all or my part of the above dmaribed Was with other Was in the gams genera arm by aiming into a unit agnomen seeing lath a plan of development or operation mensal by Ila Seaetary of tin laledma err other mfsoer or mpeeerttsive tithe United Stele. Furingruhaity to approve mol eeil 1proamenra and, from time to gnu, with laic appovel to modify, ohnigo or gemmae 1ny such ►goomvsi.11 oy arch nwm4, the &req oo.drtima end povisioes of this lease shall to n,. _o . • modified to conform to the terms, conditions and provie:ons of nab .proved unit agwmment and all drilling and dewbpmeet requiawo.ets of this leas, apnea or implsd, dub be mined by oampdimen with the dri0irg end development negaremoob of sock yeomen& and this kale shalt nor dentias. or amity dozing the Gfa of mob emee neat except as may be otherwise provided to mid.minuet la the event that said above &merited lands. Or any pat thereof shall hereafter be operated under my ouch omit agreement whereby the production vbatandr is amend to &Burs l porton of the land covered by mid mgreameot, then the production ,floated to any pardoner tram Bland amour to tech gleno& shall, kr the morose ofcomputing tomb*. be regarded m having been produod from the particular tract aged to which It le allocated and not from any other wet ofland and any royalty payments m such production to be made hereunder to kart shell lea based solely upon the production so allocated. Nothing hence oogind 1ha11 authorise or affect any transfer of any titre to any leasehold, royalty or other iotsrmt unitized prune& hair, Lessee's exemnioo of such sok 1m.trsat rhe11 be binding as to both lessor and limos end their rwpwtive intoe ts. Lou... fallowing such execution, shall famish lessor with a ropy of such unit agreement by mal to ]wars last known Warms as down by Mamas records and aha0 give lessor wince motive ofappavel of the man in are mare manna within 1 re.moable time der ksaee in notified of such approval. Lowen cul: ban the eight o use, free of wet all, pe and atter produced ono mid Wad for is operations thereon mom water firm walls of tern Lessee shall have the right et my time ` remove all machinery gad (seas Mond oe add morning, Maladies the tight to drew sad noon eking. No part tithe surface of the leased promisee shall, Minn the written consent of i issue, be 1vt graobd or Boomed by lessor to any other party for the location. construction or mohrtmang ofstnsv0uwp, ta0kk Oak ,*0.0141; adherent a mmbinry to be mrd for Thu pmpase ofeglodo& developing or operating ithicent lands for oil, um r otha simsisfa. . Lessee mien bury below plow depdt its pipe lion on the leaped premises when roquemed by • Mme owning o 100406 113. Woos 14o sell Ad be d,Olad near than 200 fort to any hose Of bum 0006 on aid prend01 wkhom the written consort of the owner of the MOW Oa whish ruoh homer hers o looaled. Lance shell pry to daotgse o growing mon amused by its opw.4ws m said lands. Lear hereby warrant: and egress to defend the tick to the lads herein deecaibed, but if the interest of limn careen by thin lease is expressly mad so be leo than the entire five or mimed .seta Meds wermoty mhal be Armed o the interest ao and. LOW" awry ptveh.m or 010 am righasdany panty bleb ser interne le said Med an manes such righbas any be nuked thereby bud lessee shat not .u$a any Wins dor incur any liability to lector by mace thereof. Lima Mall IoM Nen right a any time to my the lessor. any mews& tumor other lien oo mid Wads b the event ofdefault of payment by lesarr, and be oubrogeted to the rights tithe holder them( and any ouch payments made by knee for lessor may be deducted from my amount. of money which may brawn due 1.... under thin lam, All mummy provision rad implied oovn.nte of this lee Mall be subject o ell applicable lows &mammm al orders, rules ad 4pstione. Thin lame than not be terminated k whole oe Io part, nor lessee paid 01b0e b damages, Noma of ■ tampoiery nation of production or of drilling operation coo to brwkdoww ofequipment or dun o the repining of ■ well or walls, or beoawe of failure to comply with any of tarn expires ptovieios1 or implied comma of this Mase if such failure Is the resin tithe amine of govmomenw Authority. ver, armed brl6itise, lack of =AA to orOod, .trite, 00+01 dieurbrnca, fire, explosion, flood or any cher v0um ren.omebly beyond 16* ooafro! alma. tai+ lwm and all previsions thereof ant] be applicable to tad binding neon the partici and their mapeaive auomson and *num. Refaaon heroin 50 Wear and lessee dull include nfaenc.10 that rvspoctive suocssorr and assign. Should my ono or more title panics named above askant" mol coxae rim's lama it *11110wrthelem bo NNedip upon dm perry r martin executing the mos. Leman .hall not wnmwcesay surface operetta on the portion ofIwmdlands shown oroplstckadon awned platlabeledEXHIBLTAwiboseLessor'swritenpermimdoe. This prohibition with math te the um dtbe sedlee of rid lad shall in no way impair the right Mimes to produce ail, pa r other Month Eon amid laooL either b/ directional drilling from a well located on Minna land Or by some other method which w01 not esquire entry a9on the aortae* tithe foamed Knelled or by imolud'u1g the ted or • Milieu thereof within *pooled omit Or units pumuant to the rersu hereof. IN WITNESS WHEREOF, this Mase is mooted egof the day and year first above writes. Speci eyestaurants Co tion; By: Davit . chat, CRO Tax I.D. if: Stockton Restaurant Corporation; By: CN• Da Tallichet, President Tax I.D. !1: Attest: at! 111111111111111IIDIII11111IIIu 111 iII1111111111 2 01/17/2002 03t89P 61322 P21 M ALSDORF 2 of 4 R 20.00 D 0.00 GARFIELD COUNTY CO e. .g.. 0 03:39P B1322 P22 39of4 R120.00D2Leo GARFIELD COUNTYCO urcr ,'GATE OF Cff L i F COUNTY OF 6 C G E )u. B0ak2913 P &E?4S ACKNOWLEDGMENT (For use by Corporation) On this .46 21,day of 14(..I.G u 5 T , A.D. 2001, before me personally appeared V4 Cap C ,111-1Cfi ,tome personally known, who, being by me duly sworn, did say that he is the CC 0 of Specialty Restaurants Cotpgration and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said immument to be free act and deed of said corporation. Witness my hand and seal this d day of }4u G a s T , A.D. 2001. (SEAL) My Commission Expires a2 7-0 a LYNETTE M. KELLUM 4r. -41111..f" Comm. A 1173010 NOTARY PU8LIC•CALIFORNIA N Orange County My Comm. Expires Feb.21 2001 `+ STATE OF CA . F i< Notary Public. Address: Y/9/ A/G11,c,rc.10- ) )ss, ACKNOWLEDGMENT (For use by Corporation) COUNTY OF 0 R A u 6e ) On this a0 day of 14 (..A6/eS T AD. 2001, before me personally appeared t D C , t ft Z i C T to me personally known, who, being by me duly sworn, did say that he is the fit! ES CD Cit/r' of Stockton Restaurant Corporation and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be free act and deed of said corporation. Witness my band and seal his (SEAL) c/o My Commission Expires a •a 7—& day of i ti (G u sr , A.D. 200 T. LYNETTE M. KELLUM Comm, 1173010 mrA NOTARY PUBLIC • CALIFORNIA U! ? Orange County 11i Cum, Expires Feb. 27, 2042 1-vt,t-Zte-C) L701. Notary Public. Address: 1191 e tra.-e4- a4 Coaca. ., c4- 91.2 $0 r STATE OF COUNTY OP This instrument was Sled for record on the day of ,2801, at o stock anti recorded in Book at Page of the records of this arm. SS. County Clerk Register of Deeds (Certificate of Recording) BY Deputy AFTER RECORDING, RETURN TO: Transcontinent Oil Company. 621 176 St.. Suite 1201. uvea, CO. 80293 ... �,wi rr(IUJ■ lilt■ Itli4 m ULi ilii 1111 595889 of/1Tl2002 W3:39P 81322 P23 M AL.SDDRF 4 of 4 R 20.00 0 0.00 GARFIELD COUNTY CO Boorc2913 Pt E749 EXHIBIT "A„ This exhibit is attached to and made a part of that certain ail and gas lease, dated August 1, 2001, by and between Specialty Restaurants Corporation, a California corporation, and Stockton Restaurant Corporation, a California corporation, Lessors and El Paso Production Oil & Gas Company, Lessee. TOWNSHIPRANGE 97 WEST RANNE 96 WEST 7 SOUTH TOWNSHIP 8 SOUTH SPECIALTY RESTAURANTS CORPORATION: krr FM» STOCKroN RESTAURANT CORPORATION: By: PAGE DOCUMENT RECEPTIQN ■: ay Y, v 01:4931 PM 1 OF 4, R $2000 5 $1,00 Doc Code O8G LEASE Janice Rich, Mesa County, CO CLERK AND RECORDER MEMORANDUM OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS, that Specialty Restaurants Corporation, a California corporation, and Stockton Restaurant Corporation, a California corporation, both of whose address is 8191 East Kaiser Boulevard, Anaheim, California 92808 ("Lessor") and EnCana Oil & Gas (USA) Inc., whose address is 370 — 17th Street, Suite 1700, Denver, Colorado 80202 ("Lessee") have entered into and executed a certain Oil and Gas Lease (the "Lease"), dated January 1, 2007, under the terms of which Lessor has leased and let to Lessee the exclusive right to explore, drill for, develop, produce, operate and remove oil and gas in and under the following described lands (the "Leased Premises") situated in Garfield and Mesa Counties, Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. The Leased Premises are deemed to contain 606.57 acres, more or less. The Lease has a primary term of three (3) years. The Lease may be extended beyond the primary term under certain terms and conditions more specifically set forth in the Lease. The purpose of this Memorandum is to provide record notice of the interest of Lessee in and under the Lease. Any right, title or interest in and to the Leased Premises acquired by any party subsequent to the date of recordation hereof shall be subject to the terms, provisions and conditions of the Lease and the rights and interests of the Lessee thereunder. Executed copies of the Lease are in the possession of Lessee and Lessor at the respective addresses provided hereinabove. 7/4Executed this 7 .day of January, 2007. Specialty Restaurants Corporation gy: eat, ( David . Tallichet oft �p 4 W6Edt_ Stockton Restaurant Corporation By: David , Tallich=t tell-~ j w pia STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. The foregoing instrument was acknowledged before me this 4 day of January, 2007, by David C. Tallichet, Chief Executive Officer of Specialty Restaurants Corporation, a California corporation. Witness my hand and officiat seal. My Commission Expires 3 021-- l0 STATE OF CALIFORNIA COUNTY OF ORANGE SS. ea Public LUNETTE M. KELLUM Commission IE 1653I5I Notary Pubic • California Owes Coke* *Cam bphrithy 21, 201 The foregoing instrument was acknowledged before me this `!° day of January, 2007, by David C. Tallichet, Chief Executive Officer of Stockton Restaurant Corporation, a California corporation. Witness my hand and official seal. My Commission Expires 3 _0? - f— (0 Robert F. Holnphaus p. 0. Box 152 Austin, CO 81410 rrb11,4,5lu4.1.S Gil �Neta Public Ln f )I1 litimai r u Receptlonfi: 755455 01 of842Pee Fes:521.0 Doc 1Foe-0.008CRRF[ELD COUNTY Co tt VIII In MEIN T 11 t 1111 Reeeption4z 715465 0108!2007 04:52:46 PM 8:1885 P:0667 Jean Albertco 2 or 4 Reo Fee $21.00 Doc Fee -.0.00 GRRFIELD COUNTY CO EXHIBIT "A" Attached to and made a part of that certain Memorandum of Oil and Gas Lease dated January 1, 2007, by and between Specialty Restaurants Corporation, a California corporation, and Stockton Restaurant Corporation, a California corporation, as Lessor, and EnCana OH & Gas (USA) Inc., as Lessee. LEASED PREMISES: Tract 1 (Parcels 1 and 2 from WD 12261677 as shown on Pages 680 and 6811 All those portions of the following described properties (letters a through h) lying Southerly of the Southerly right of way of Highway 6 and 24: a. Township 7 South. Range 96 West. 6'" P.M, Section 32: E2SW b. Township..8 South Range 96 West, 6'" P.M. Section 4: Lot 4(2.79) Except that part of the above described lands which Is described in Book 181 at Page 186, of the records of Garfield County, Colorado; and Except that portion conveyed to the State Department of Highways In Instrument recorded September 6, 1983 in Book 634 at Page 802; c. Township 8 South. Range 96 West 6th P.M, Section 5: Lots 1(10.12), 2(18.47), and 3(38.32) d. Townshio8 South, Range 96 West, 6r' P.M, Section 5: That part of Lots 4(39.53) and 5(19.38) and of the SWNW described as follows: Beginning at the Northwest Comer of said Lot 4, thence South 29° 04' East 3120.06feet to the bank of the Colorado River, thence Northeasterly along the Easterly line of said Lot 5 to the Northeast Comer thereof; thence West along the North line of said Lot 5 to the Northwest Corner thereof; thence North along the East line of said Lot 4 to the Northeast Corner thereof; thence West along the North line of said Lot 4, to the Point of Beginning. e. Township 8 South, Rance 96 West. 6th P.M. Section 5: All of Lots 11(35.78) and 12(9.19), Lot 4(39.53) and the SWNW, except those portions of Lot 4(39.53) and said SWNW included in the following described parcel: A tract of land in Lots 3, 4 and 5, and SWNW of said Section 5, described as beginning on the Northwest Corner of said Section 5, thence South 30° 00' East 3010 feet; thence North 88° 36' East 338 feet; thence North 00° 47' West 200 feet; thence North 53° 00' East 300 feet; thence North 37° 01' East 334 feet. thence North 40° 24' East 328 feet thence North 04° 56' West 171 feet; thence North 33° 01' East 530 feet; thence North 49° 51' West 1768 feet; thence South 88° 43' West 1385 feet to the Point of Beginning; f. Township i3 gouth, Range 96 West,_6t P.M. Section 6: E2SE, S2NE, NENE g. Township 8 South, Range 96 West, 6th P.M. Section 7: Lots 2(24.80), 3(9.46), 9(20.77), 10(39.15), 11(10.74), 12(37.60), 13(2.51) h. Township 8 South, Range 97 West. 6th P.M. Section 13: NENW, LESS AND EXCEPT that parcel of land as described in Deed recorded May 28, 1982 In Book 1374 at Page 692, Mesa County Official Records. -1- t11111 r ANN Nle 11111,141161AWIEW NH 1111 Receptions: 715465 0175eI2007 04:52:46 PM 8:1685 P•089B Jean A1berlcc 3 of 4 Rec Fee:$21,OD Doc Fee:0.00 GARFIELD COUNTY CO Tract 2 (Part of Parcel B from WD 1226/692) Tpwnshlo 8 South. Range 96 West. 6th P.M. Section 6: Those parts of the following described parcel lying within the SENW, S2NE and NENE of said Section 6: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of Section 6 bears North 73° 10' 30" East 1568.55 feet; thence South 00° 00' 00" East 1613.78 feet; thence along the Northerly right of way of State Highway No. 6 & 24 the following two (2) courses: South 55° 30' 00" West 111.47 feet; thence along the arc of a curve to the right 1066.31 feet, said curve having a central angle of 10° 54' 00", a radius of 5605.00 feet, the chord of which bears South 60° 57' 00" West 1064.70 feet thence North 10° 23' 51° West 1223.74 feet; thence along the Southerly right of way of Interstate Highway No. 70 the following four (4) courses: North 41° 12' 29" East 588.78 feet; thence along the arc of a curve to the right 782.62 feet, said curve having a central angle of 22° 38' 12", a radius of 1980.88 feet, the chord of which bears North 54° 57' 53" East 777.54 feet to the centerline of a 40 foot wide access easement; thence along the arc of a curve to the right 40.62 feet, said curve having a central angle of 01° 10' 29", a radius of 1980.88 feet, the chord of which bears North 66° 52' 14' East 40.62 feet; thence North 64° 55' 13" East 200.50 feet to the Point of Beginning. Tract 3 (Part of Parcel C from WD 1226/6921 Townships 7 and 8 South. Range 96 West. 61h P.M. Those parts of the following described parcel lying within the S2NE and NENE of Section 6 in Township 6 South, and lying within the SESE of Section 31 in Township 7 South, of said Range: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of Section 6 bears South 89° 23' 07' East 474.86 feet; thence South 00° 00' 00" East 1367.34 feet; thence along the Northerly right of way of State Highway No. 6 & 24 the following five (5) courses: South 55° 30' 00" West '121.30 feet to the centerline of a 40 foot access easement; thence South 55° 30' 00" West 463.22 feet; thence North 37° 57' 36" West 34.00 feet; thence South 51° 56' 58" West 548.00 feet; thence South 55° 30' 00" West 121.13 feet; thence North 00° 00' 00" East 1613.78 feet; thence along the Southerly right of way of Interstate Highway No. 70 the following two (2) courses: North 64° 55' 12" East 388.07 feet; thence North 66° 25' 25" East 736.57 feet to the Point of Beginning. Tract 4 (Parcel D from WD 1226/6921 Townships 7 and 8 South, Range 96 West, 6th P.M. A parcel of land situate within a portion of Sections 5 and 6, Township 8 South, Sections 31 and 32 of Township 7 South, Range 96 West, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Comer of said Section 6 bears South 54° 36' 00" West 953.44 feet; thence South 00° 56' 14" West 1042.49 feet; thence along the Northerly right of way of State Highway No. 6 & 24 South 55° 30' 00" West 1539.88 feet; thence North 00° 00' 00" East 1367.34 feet; thence along the Southerly right of way of Interstate Highway No. 70 the following two (2) courses: North 66° 25' 24" East 515.86 feet; thence North 66° 22' 19" East 850.51 feet to the Point of Beginning. -2- .. 111KWICI li.16 i111C1/44I +L I11II Receplfonq: 715463 01118/2007 04.52:49 PM 8+1805 P.0649 Jean A16erloo 4 of 4 Rao F4a:s21.00 Doe F44.0.00 ORRFIELO COUNTY CO Tract 5 (Parcel E from WD 12261692) Townships 7 and 8 South. Range 96 West. e P.lt A parcel of land situate within a portion of Section 32, Township 7 South and Section 5, Township 8 South, Range 96 West, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of said Section 6 bears South 62° 37 20" West 2974.28 feet; thence South 00° 56' 14" East 581.97 feet; thence along the Northerly right of way of State Highway No. 6 & 24 South 55° 30' 00" West 2252.80 feet; thence North 00° 56' 14" West 1D42.49 feet; thence along the Southerly right of way of Interstate Highway No. 70 North 66° 22' 19" West 2034.52 feet to the Point of Beginning, Adsditional I.0arads In addition to the specific lands described as Tracts 1 through 5, above, the Leased Premises are to include all riparian and littoral rights of Lessor, including any meander lands and lands derived by accretions; and all other contiguous lands, including streets, county roads, highways, rights-of-way, and easements lying in, across, or adjacent to the Leased Premises that in any way appertain to the Leased Premises and which may be owned by or claimed by Lessor, whether or not same are specifically described hereinabove. Signed for Identification: Specialty Restaurants Corporation By: 0 Davi. C. Taltichet OAe_32 ME N --- Stockton Restaurant Corporation By: ��- a..4! David C. Tallichet 3e" S Ki c=A.---- -3- PAC1F nre.i II.LPNT VIII '>a Wathl '�MV�N'l�I+MJ 1p"Cfi+k1COM Kt Ill Rtcept$enit; 716466 t 1812007 04:62:47 PM B:1805 P:0690 Joon Alberlca of 7 Roc Fee,$36.00 Doc Fee;0.00 GARFIELD COUNTY CO MEMORANDUM OF MASTER SURFACE USE AGREEMENT AND GRANT OF EASEMENT AND RIGHT OF WAY RECEPTION R: 2359315, OK 4336 PG 54 3 01 113/2007 at 01:49:31 PM, 1 OF 7. R $35,00 S 51.00 EXEMPT Doc Code: EASEMENT Janice Rich, Mesa County. CO CLERK AND RECORDER KNOW ALL MEN BY THESE PRESENTS, that Specialty Restaurants Corporation, a California corporation, and Stockton Restaurant Corporation, a California corporation, both of whose address is 8191 East Kaiser Boulevard, Anaheim, California 92808 ("Specialty") and EnCana 011 & Gas (USA) inc., whose address Is 370 —17th Street, Suite 1700, Denver, Colorado 60202 ("EnCana") have entered Into and executed a certain Master Surface Use Agreement and Grant of Easement and Right of Way (the "Agreement"), dated effective January 1, 2007, under the terms of which Spedatty has granted and conveyed unto EnCana, Its agents, employees and assigns, certain rights to enter and use the Property described on Exhibit A (the "Property"), attached hereto and made a part hereof, together with certain easements and rights of way for the purposes set forth in the Agreement, which include, but are not limited to, the constructing, maintaining, operating and reclaiming of well site locations, well pads, pipelines, tank batteries and roads; and EnCana has agreed to certain provisions regarding Its use of the Property and has agreed to pay Specialty certain consideration and compensation for its use of the Property; all as more specifically set out in the Agreement. The purpose of this Memorandum is to provide record notice of the existence of the Agreement. Any right, title or interest in and to the Property acquired by any party subsequent to the date of recordation hereof shall be subject to the terms, provisions and conditions of the Agreement and the rights and interests of EnCana thereunder. Executed copies of the Agreement are in the possession of Specialty and EnCana at the respective addresses provided hereinabove. 111th Executed this ilday of January, 2007. Specialty Restaurants Corporation By: Da ' d C. Tallichet 6^ cep M EzwiBLd-- Stockton Restaurant Corporation By. Davi C. Talli et a».RD ME tJ Ez STATE OF CALIFORNIA EnCana 01 & Gas (USA) Inc. By: ouglas Jon:7 e Attomey-in-Fact ACKNOWLEDGEMENTS ) ss. COUNTY OF 131 416e— ) 1b The foregoing instrument was acknowledged before me this --day of January, 2007, by David C. Tallichet, Chief Executive Officer of Specialty Restaurants Corporation, a California 1 MITI IIt�'� Mi�Nr31LGi11lt+trl��h�'9Lkl�� it II I Receppt iri0. 715466 01:1612007 94 52;47 P11 8:1685 P:0691 Jean RIbsrico 2 of 7 Roc Fsc$36.00 Doc For:0.00 GARFIELD COUNTY CO corporation. Witness my hand and official seal. My Commission Expires: 3-.i/ /U Com iiIYpn f 16I3$66 NON MAC - Co aria Orme C+ar11y Carat • Martt1,1.1 STATE OF CALIFORNIA ss. COUNTY OF OAA -106 e The foregoing instrument was acknowledged before me this day of January, 2007, by David C. Tarlichet, Chief Executive Officer of Stockton Restaurant Corporation, a California corporation. My Witness my hand and official seal. TIE M ra Commi4>flon M 1661359 1 *lay A/bIG • Caplowio 093,1911 Cozily *�tA lira 21, 1 STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) ubiic 514, The foregoing instrument was acknowledged before me on this day of January, 2007, by Douglas W, Jones, Attorney -in -Fact for EnCana Oil & Gas (USA) Inc. Witness my hand and official seal. My Commission Expires: 0 Notary ubiic My °wink° Expires COMO 2 1111 1+�4+4�IIX�P iI���lY�lANhlhlarIONI.f it Bill Reception6' 715486 of72007 64:62347 PM 8:19eP:0642 Joan R16eric° 3 3 of 7 Roc Fce:$34 00 Ooc Fee -0.00 GARFIELO COUNTY CO EXHIBIT A Attached to and made a part of that certain Memorandum of Master Surface Use Agreement and Grant of Easement and Right of Way dated January 1, 2007, by and between Specialty Restaurants Corporation, a California corporation, and Stockton Restaurant Corporation, a Califomia corporation, (Specialty) and EnCana Oil & Gas (USA) Inc., (EnCana). LANDS SUBJECT TO THIS AGREEMENT (the "PROPERTY") All of the following lands situate in the Counties of Mesa and Garfield, Colorado, to wit: Tract 1 (Parcel A from WD 1226/877) Township 7 South, Range 96 West. 6th P.M. A parcel of land in the E2 of Section 32 and the W2 and NWNE of Section 33, more particularly described as follows: Beginning on the South right of way for Interstate 70, Project No. 1 70-1(45)Sec 8, at Its intersection with the West line of the E2 of said Section 32, said point being South 00° 56' 18" East 8.69 feet from the C -S 1(16 Corner of said Section 32; Thence along said right of way the following 13 courses: 1. North 66° 25' 51" East 270.16 feet; 2. North 68° 22' 46" East 625.11 feet; 3. North 52° 51' 05" East 530.71 feet; 4. North 37° 08' 21" East 625.69 feet; 5. North 39° 09' 06' East 511.86 feet; 6. North 40° 40' 59" East 587.87 feet; 7. Along a non -tangent curve to the right having a radius of 3669.72 feet, a central angle of 13° 32' 13", an arc length of 867.03 feet, the chord of which bears North 50° 23' 43" East 865.01 feet; 8. North 60° 13' 24" East 587.77 feet; 9. North 61° 44' 06" East 522.83 feet; 10. North 61° 29' 09" East 241.75 feet; 11. North 69° 57' 36' East 565.71 feet; 12. North 84° 25' 37" East 745.31 feet; 13. Along a non -tangent curve to the right having a radius of 458.37 feet, a central angle of 37° 43' 37", an arc length of 301.82 feet, the chord of which bears South 66° 02' 54" East 296.40 feet to the North right of way for Highway 6 & 24, Project No. F 001-1(3); thence along said right of way South 55° 29' 00' West 6942.16 feet to the West line of the E2 of said Section 32; thence along said West line North 00° 56' 18" West 581.23 feet to the Point of Beginning. Tract 2 (Parcel B from WD 12261677! Township 7 South. Range 96 West, 6th P.M. A parcel of land in the E2 of Section 32 and the W2 of Section 33, more particularly described as follows: Beginning at the Quarter Corner for said Section 32 and Section 5, TBS, R96W; thence along the West line of the E2 of said Section 32, North 00° 56' 18" West 493.82 feet to the South right of way for Highway 6 & 24, Project No. F 001-1(3); Thence along said right of way the following 9 courses: 1. North 55° 29' 00" 2. North 69° 31' 10" 3. North 55° 29' 00" 4. North 41° 26' 50" 5. North 55° 29' 00" 6. North 69° 31' 10" 7. North 55° 29' 00" 8. North 41° 26' 50" East 964.38 feet; East 103.08 feet; East 300.00 feet; East 103.08 feet; East 2600.00 feet; East 103.08 feet; East 30000 feet; East 103.08 feet; -1- „c- I VIII I 'r WhlklM`,Mli hi4b IIh�4 'liill'Lii'h* M" 11111 Reeeptlonk: 735466 01118!2007 04.52 47 PM 9;1985 0:0693 dean A16erlco 4 01 7 Roo Fee:S3B00 Doc Fee 0 O GARFIELD COUNTY CD 9. North 55° 29' 00" East 1633.70 feet to the Northerly right of way for the Denver and Rio Grande, Westem Railroad; Thence along said railroad right of way for the following 4 courses: 1. Along a non -tangent curve to the left having a radius of 2964.94 feet, a central angle of 10° 11' 07", an arc length of 527.07 feet, the chord of which bears South 39° 53' 39" West 526.38 feet; 2. South 34° 28' 00' West 101.16 feet; 3. South 34° 08' 00" West 2901.97 feet to the Southerly line of a County Road right of way described in Book 181 at Page 185; 4. Along sald road right of way, along a curve to the right having a radius of 2894.93 feet, a central angle of 43° 22' 56", an arc length of 2191.93 feet, the chord of which bears South 55° 49' 28" West 2139.94 feet to the South line of the E2 of said Section 32; Thence along said South line South 880 55' 00" West 1470.31 feet to the Point of Beginning. Tract 3 Marcel C from WD 4226/6771 Townshio 7 South, Rengg96 West, 6t' P.M. A parcel of land in portions of Sections 32, 33, and 28, more particularly described as follows: Beginning at the corner for said Sections 32 and 33 and Sections 4 and 5, Township 8 South, Range 96 West; thence along the South fine of the E2 of said Section 32, South 88° 55' 00" West 222.18 feet to the Southerly right of way for the Denver and Rio Grande, Western Railroad; Thence along said right of way the following 11 courses: 1. Along a non -tangent curve to the left having a radius of 1532.68 feet, a central angle of 27° 31' 13", an arc length of 736.18 feet, the chord of which bears North 49° 35' 07" East 729,12 feet; 2. North 34° 58' 01" East 127.94 feet; 3. North 34° 08' 00" East 3498.67 feet; 4. North 34° 28' 00" East 98.83 feet; 5. Along a non -tangent curve to the right having a radius of 2764.94 feet, a central angle of 06° 16' 38", an arc length of 302.92 feet, the chord of which bears North 37° 56' 24" East 302.78 feet to the West line of Lot 2 In sald Section 33; 6. Along said West line North 00° 30' 00" West 74.51 feet; 7. Along a non -tangent curve to the right having a radius of 2814.94 feet, a central angle of 12° 36' 08°, an arc length of 619.14 feet, the chord of which bears North 48° 30' 51" East 617.90 feet; 8. North 55° 09' OD" East 99.42 feet; 9. North 55° 29' 00" East 2164.48 feet to the North tine of said Section 33; 10. Along said North line North 89° 23' 32" East 89.63 feet; 11. North 55° 29' 00° East 283.11 feet to the East line of said Section 28; Thence leaving sald railroad right of way along said East line South 01° 57' 23° East 157.98 feet to the corner for Sections 27, 28, 33 and 34; Thence along the East line of said Section 33, South 00° 01' 53" East 769.37 feet to the Northeast corner of that parcel described in Book 590 at Page 643; Thence along the said parcel South 88° 50' 06" West 786.00 feet: Thence continuing along the said parcel South 00° 01' 53" East 300.00 feet; Thence continuing along the sald parcel North 88° 50' 06" East 786.00 feet to the East line of said Section 33; Thence along said East line South 00° 01' 53° East 300.00 feet to the North 1116 comer between Sections 33 and 34; Thence along that line described in Book 67 at Page 132, South 17° 44' 55" West 1085.70 feet to the centerline of the Colorado River as agreed to in Book 602 at Page 964; Thence along said centerline the following 9 courses: 1. North 69° 04' 13" West 1170.74 feet; 2. South 85° 15' 21" West 324.97 feet; 3. South 59° 20' 30" West 316.71 feet; 4. South 48° 53' 02" West 337.31 feet; -2- 1111 a MAIIIVIMIL WGs, PI Itl5WI IC tit 11111 Receptlontl: 715466 01/16(2007 04:52.47 PM 6:1655 P.0694 Jelin Rtbertc° 5 of 7 Reo F44 136.00 Doc Fee,0.00 GRRFIELO COUNTY Co 5. South 20° 46' 48" West 328.61 feet; 6. South 11° 57' 01" West 859.10 feet; 7. South 64° 03' 25" West 1512.73 feet; 8. South 12° 05' 25" West 508.82 feet; 9. South 18° 08' 35" East 79.95 feet to the meander line of the Colorado River; Thence along the meander line South 34° 48' 19" West 960.63 feet to the South line of Section 33; thence along said South line South 89° 01' 48" West 714.44 feet to the Point of Beginning. Tract 4 (Parcel D from WD 1226!877). Township 7 South. Range 96 West. 6th P.M. Section 33: That real property situate in the County of Garfield, State of Colorado, described as follows: Commencing at the Southeast corner of the NENE; thence Westerly along the South line of said NENE 786 feet; thence North 00° 01' 28" West 300 feet to the True Point of Beginning; Thence Easterly and parallel to said South line 786 feet; thence North 00° 01' 28" West 300 feet; thence Westerly and parallel to said South line 786 feet; thence South 00° 01' 28' East to the True Point of Beginning. Tract 5 (Parcels 1 and 2 from WD 1226/677 as shown on Paces 660 and 681) All those portions of the following described properties (letters a through 1) lying Southerly of the Southerly right of way of Highway 6 and 24: a. Township 7 South, Range 96 West, 6th P.M. Section 32: E2SW b. Township 8 South, Range 96 West, 6th P.M. Section 4: Lot 4, Except that part of the above described lands which is described In Book 181 at Page 186, of the records of Garfield County, Colorado; and Except that portion conveyed to the State Department of Highways in instrument recorded September 6, 1983 in Book 634 at Page 802; c. Township 8 South, Range 96 West, 6th P.M. Section 5: Lots 1, 2, and 3 d. Township 8 South. Range 96 West, 6th P.M. Section 5: That part of Lots 4 and 5 and of the SWNW described as follows: Beginning at the Northwest Comer of sald Lot 4, thence South 29° 04' East 3120.06feet to the bank of the Colorado River; thence Northeasterly along the Easterly line of said Lot 5 to the Northeast Corner thereof; thence West along the North Ilne of said Lot 5 to the Northwest Corner thereof; thence North along the East line of said Lot 4 to the Northeast Comer thereof; thence West along the North line of said Lot 4, to the Point of Beginning, e. Township 8 South, Range 96 West. 6'h P.M. Section 5: All of Lots 11 and 12, Lot 4 and the SWNW, except those portions of Lot 4 and said SWNW included in the following described parcel: A tract of land in Lots 3, 4 and 5, and SWNW of said Section 5, described as beginning on the Northwest Comer of said Section 5, thence South 30° 00' East 3010 feet; thence North 88° 36' East 338 feet; thence North 00° 47' West 200 feet; thence North 53° 00' East 300 feet; thence North 37° 01' East 334 feet; thence North 40° 24' East 328 feet; thence North 04° 56' West 171 feet; CtJ thence North 33° 01' East 530 feet; -3- ■III 146514/.51i NOW ICNINCM VI 11111 Reeeption#: 715466 O 1I1BI2007 04:52:47 PM B. 1885 u:06B5 Jean Rlbe•lc° g °[ 7 Rao Fee:136.00 000 Fee:0.00 CRRFIELD COUNTY CO thence North 49° 51' West 1768 feet; thence South 88° 43' West 1385 feet to the Point of Beginning; f. Township 8 South. Range 96 West„.6t P.M. Section 6: ALL 9. Township 8 South. Rance 96 West. 6th P.M. Section 7: Lots 2, 3, 9, 10, 11, 12, 13 and NENW h. T wnshia 8 South. Range 97 West. 6th P.M. Section 12: S2SE, that portion of the SW4 lying Easterly of the East right of way of Interstate 70. I. That portion of the following described property lying Southerly and Easterly of the Southerly right of way of Highway 6 and 24: Township 8 South. Range $7 West, 6th P.M, Section 13: NE4, N2SE, NENW, LESS AND EXCEPT that parcel of land as described in Deed recorded May 28, 1982 In Book 1374 at Page 692, Mesa County Official Records. Tract) (Parcel B fron2WD 1226/6921 Township 8 South, Range 96 \est. 6'h P.M, Section 6: A parcel of land situate within a portion of Section 8, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of Section 6 bears North 73° 10' 30" East 1568,55 feet; thence South 00° 00' 00" East 1613.78 feet; thence along the Northerly right of way of State Highway No. 6 & 24 the following two (2) courses: South 55° 30' 00" West 111.47 feet; thence along the arc of a curve to the right 1066.31 feet, said curve having a central angle of 10° 54' 00", a radius of 5605.00 feet, the chord of which bears South 60° 57' 00" West 1064.70 feet; thence North 10° 23' 51" West 1223.74 feet; thence along the Southerly right of way of Interstate Highway No. 70 the following four (4) courses: North 41° 12' 29" East 588.78 feet; thence along the arc of a curve to the right 782.62 feet, said curve having a central angle of 22° 38' 12", a radius 01 1980.88 feet, the chord of which bears North 54° 57' 53" East 777.54 feet to the centerline of a 40 foot wide access easement; thence along the arc of a curve to the right 40.62 feet, said curve having a central angle of 01° 10' 29", a radius of 1980.88 feet, the chord of which bears North 66° 52' 14" East 40.62 feet; thence North 64° 55' 13" East 200.50 feet to the Point of Beginning. Tract 7 (Parcel C from WQ 1236021 Townships 7 and 8 South. Range 9j West. 6"' P,M. A parcel of land situate within a portion of Section 6 of Township 8 South, and Section 31 of Township 7 South, Range 96 West, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of Section 6 bears South 89° 23' 07" East 474.86 feet; thence South 00° 00' 00° East 1367,34 feet; thence along the Northerly right of way of State Highway No, 6 & 24 the following five (5) courses: South 55° 30' 00" West 121.30 feet to the centerline of a 40 foot access easement; thence South 55° 30' 00" West 463.22 feel; thence North 37° 57' 36" West 34.00 feet; thence South 51° 56' 58" West 548.00 feel; thence South 55° 30' 00° West 121.13 feet; thence North 00° 00' 00" East 1613.78 feet; thence along the Southerly right of way of interstate Highway No. 70 the following two (2) courses: North 64° 55' 12" East 388.07 feet; thence North 66° 25' 25" East 736.57 feet to the Point of Beginning. -4- ■SII Nt Mid MI NA III Reception#: 715486 0111912607 04:52.47 P11 B:1Bes P:0695 Seen Rlborloo 7 of 7 Rea Fee:$36.00 Doe Fee.0 Co GARFIELD CDU11Y Co Tract 8 (Parcel D frontWD 1226!6921 Townships 7 and 8 South. Range 96 West. 6th P.M. A parcel of land situate within a portion of Sections 5 and 6, Township 8 South, Sections 31 and 32 of Township 7 South, Range 96 West, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Comer of said Section 6 bears South 54° 36' 00" West 953.44 feet; thence South 00° 56' 14" West 1042.48 feet; thence along the Northerly right of way of State Highway No. 6 & 24 South 55° 30' 00" West 1539.88 feet; thence North 00° 00' 00' East 1367.34 feet; thence along the Southerly right of way of Interstate Highway No. 70 the following two (2) courses: North 66° 25' 24" East 515.86 feet; thence North 66° 22' 19" East 850.51 feet to the Point of Beginning, Tract 9 (Parcel E from WD 1226/692) Townships 7 and 8 South. Range 96 West, 6th P.M. A parcel of land situate within a portion of Section 32, Township 7 South and Section 5, Township 8 South, Range 96 West, being more particularly described as follows: Beginning at a point on the Southerly right of way of Interstate Highway No. 70 whence the Northeasterly Corner of said Section 6 bears South 62° 37' 20" West 2974.28 feet; thence South 00° 56' 14" East 581.97 feet; thence along the Northerly right of way of State Highway No. 6 & 24 South 55° 30' 00" West 2252.60 feet; thence North 00° 56' 14" West 1042.49 feet; thence along the Southerly right of way of Interstate Highway No. 70 North 66° 22' 19" West 2034.52 feet to the Point of Beginning. Additional Lands In addition to the specific lands described as Tracts 1 through 9, above, the Property subject to this agreement is to include all riparian and littoral rights of Specialty, including any meander lands and lands derived by accretions: and all other contiguous lands, including streets, county roads, highways, rights-of-way, and easements lying In, across, or adjacent to the Property that in any way appertain to the Property and which may be owned by or Calmed by Specialty, whether or not same are specifically described hereinabove. Signed for Identification: Specialty Restaurants Corporation By: G',t,/ f f Gp_Z David . Tailichet Stockton Restaurant Corporation By: •r , c - L . Davie C. Tailichet -5- IIII K IIMANII �Wrf ��ih �IVIO at' .'IhIs11h+ Aii 1l 111 Recap! i*nit : 753583 0e105/200e 10:13:23 AM Jean Albanioo 1 of 4 Reo Fae:$21.00 Doc Fea:0.00 GARFIELD COUNTY CO Division: Western ROW Agent: Dennis Hansen Doc. Ho.: 191163 E Easement Location: 101 County Road 300 Description Author Wasatch Surveying Plat/Grid No.: SE/4- Sec.28 & Parachute, CO (Electric Distr.) Author Address: Evanston, WY NE14-Sec.35-175-R96W W.OJJ.OJCREG No.; PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Grantor hereby acknowledges receipt of good and valuable consideration from PUBLIC SERVICE COMPANY OF COLORADO (Company), 1225 -17th Street, Denver, Colorado, 80202-5533, In consideration of which Grantor(s) hereby grants unto said Company, Its successors and assigns, non-exclusive easement to construct, operate, maintain, repair, and replace utility lines and all fixtures and devices, used or useful in the operation of said lines, through, over, under, across, and along a course as said lines may be hereafter constructed in SEY,SE'1. of Section 28 and the NE'/aNEY4 of Section 33, Township 7 South, Range 96 West of the 6'" Principal Meridian, County of Garfield, State of Colorado, the easement being described as follows: SEE LEGALDESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. The easement is Ten (10) feet in width. The side boundary lines of the easement shall be lengthened and shortened as necessary to encompass a continuous strip of not less than the above width at all points on Grantor's property crossed by the above described easement and extending to the boundaries of adjacent properties. Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control, and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of Grantor during surveying, construction, maintenance, repair. removal, or replacement of said utility lines and related fixtures and devices as may be required to permit the operation of standard utility construction or repair machinery. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the said Company's facilities therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer units thereon. In case of the permanent abandonment of the easement, all right, privilege, and interest granted shall terminate. The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the easement shall be restored substantially to its original Level and condition. Signed this , 30th day of July, 2008. Specialty Restaurants Corporation B John G. G u2z€ T e: Pretiderst— t//"3' CJ STATE OF COLORADO COUNTY OF GARFJELD ) By: Title: GRANTOR: Stockton Restaurant Corporation i• ent 74 LJ C4'L • The foregoing instrument was acknowledged before me this day of July, 2008 by: Witness my hand and official seal. My commission expires: RETURN TO: Notary Public Dennis Hansen Version: 12/96 P.O. Box 4245 Grand Junction, CO 81502 +� 1 1111 EIS14f1,P+1!1 t 11riI11M M 'l , d IN 11111 Reception#: 753583 08/05/2088 10:13:23 AM Jean Alberloo 2 of 4 Ree Fee:$21.08 Doe Fee.0.00 GARFIELD COUNTY CO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n:4:i>y:�.+�yjc�:2t'.+j.�:jc{:;s a�:CS;=i;�1>_ra: �iL�n:�=iL; 5:i:ic:arici2 xr�si<�=T21.?cf'•::!:�e{�;; :a;. e 5.�!�j<�:i...3< A,�t�,'<::�N._:i:.:ac cic. si>�sic;si atrc\.':rcjL.s : t State of California County of doe144.1dE On Su Y 34,,A00' before me, L Votie r �•E'��Lto Mr,ti -y i t 4„ Date Hero Inwer1 erne end The le the Meer } personally appeared THS G G;uzzl v P i C. 'd ere) eatme(a) of Sipp acr. 5,St/ A-Gry E3774aRihtI1S 0.aitpa,fut-1ThflJ LYNETTE M. KELLUM Commission # 1653359 Notary Public - California Orange County MyCorrvn. Expires Mar 21, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Silealure of N ratio Though The information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document/�}/? /r Title or Type of Document' L2 .J4e.• .� -c- C: isrt " 7/ 5-64 [LL A Document Date: 7 3d Number of Pages: 9 Signer(s) Other Than Named Above: %��- cc le »gv Capacity(les) Claimed by Signer(s) Signer's Name: D Individual ❑ Corporate Officer — Titie(s): ❑ Partner — 0 Limited ❑ General O Attorney In Fact ❑ Trustee ❑ Guardian or Conservator • Other: Signer Is Representing - NIGHT THUMBPRINT OF srGrdrR Top of rhumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)' ❑ Partner - - ❑ Limited 0 General ❑ Attorney In Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG HTTHULIBPRINT Or SIGNER Top of thumb here i'nY,:\�t\!n 6�L:�L4L\vrL�.i,L��Sir%h�!4�.�!4ti�C'JL�.%�"�:\r::\t�4\ei�.•��siS�.v,�v,.ri:V:�-:\e!'y\��4\�:uL�L.v:�ai4�r:4�S4V:L:LA�'!!': /tY:L�::\:'rtt!NN4�; C2007 National Notary ASSOaatiae • 9350 De Soto Ave., P.O. Box 2402 • Cheteworth, CA 91313-2402 • www.NationalNatarlswg ham 45907 Reorder: Dal Tdl•Free 1-800-0768827 i IMOINIP1rANONIARIANICWWHAinili Bill Recep t i ontt : 753583 08/05/2008 10;13:23 AM Jean filberioa 3 of 4 Roc Fes:521.00 Doo Fee:0,00 GARFIELD COUNTY CO LEGAL i2$CRIF T(QN AN EASEMENT LOCATED IN THE SE1/4 SE1/4 OF SECTION 28 AND THE NE1/4 NE1/4 OF SECTION 33, T7S, R96W, 6TH P.M., GARFIELD COUNTY, COLORADO, THE BOUNDARY OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28 AND RUNNING THENCE N 30'24'39" W, 133.86 FEET TO THE POINT OF BEGINNING, THE BASE BEARING FOR THIS SURVEY BEING S 01'50'42" E, 2739.30' FEET BETWEEN FOUND MONUMENTS AT THE SOUTHEAST CORNER OF SECTION 28, T7S, R96W AND THE EAST ONE—QUARTER CORNER OF SECTION 33, T7S, R96W, 6TH P.M. THENCE S 3'46'53" E, 118.24 FEET TO A POINT ON THE NORTH UNE OF SAID SECTION 33, SAID POINT LYING N 87'34'40"E, 60.02 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE S 1'50'42" E, 876.75 FEET; THENCE S 88'09'18" W, 10.00 FEET; THENCE N 1'50'42" W, 876.65 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 28, SAID POINT LYING N 87'34'40"E, 70.02 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE N 3'46'53" W, 99.76 FEET; THENCE S 53'40'11" W, 11.44; THENCE N 38'08'38" W, 10.00; THENCE N 53'40'11" E, 30.00 FEET TO THE POINT OF BEGINNING SAID EASEMENT CONTAINING 0.23 ACRES, MORE OR LESS. BASIS OF BEARING The base bearing for this survey is S 01'50'42" E, 2739.30' feet between found monuments at the Southeast Corner of Section 28, T7S, R96W and the East One—Quarter Corner of Section 33, T7S, R96W, 6th P.M. Scale: No Scale SHEET 1 OF 2 PnOwg Ha 07-04-246/2688 °,w 6130/08 re rR"'W01!/39/08 �► 11111 CLQ'JAMM1LM,N11111 Gil b:11%1M IN X1111 Receplaanli, 7836$3 08/0512008 10:13:23 AM Jean P1beriao 4 of 4 Reo Fee:321.30 Doc Fee:0,00 GARFIELD COUNTY CO EAST COMU SEG 9! 2.5' USCLO ELC. ‘tii` N38,08'38'W, 10.00 553'40'11'W. 11.44' NO3'46'53"W, 99.75' ijPower Pelt (tyP) w rn 46'531, 118.24' 1/4 Propafea !0' side by 1008.4flmom UIO4Sy £ aus.j l S88'09'18"W -" 10.00' TICAN COMER SEC 2E I012 32T RI.Af AC. N 87'38'30' E, 2595.72' SIERLY RIGHT-OF-WAT UNE CF COUNTY NOV30O EAST 1 + j2 MD STONE SECTION 27, T75, R96111 n LEGEND SECTION CORNER LOCATED 0 POKER POLE 311111111 RAILROAD P.I. POINT OF INTERSECTION P.O.S.L POINT ON SECTION LINE Sams 1/4 CORNER SF.G 27 325' ELJI AG Map Showing Utility Easement Across the SE1/4 SEI/4 of Section 28 & the NE1/4 NE1/4 of section 33, T78, R98 W, 6th P.M. OARFIELD COUNTY, COLORADO r Scale: 16 =150' SHEET 2 OF 2 , H 07.04-24 rms8/281V8 Deb i, 8/330/08 DIa; 7109108 %yr AA; gtO Ya1,yNAn { .oN lRi.Rio)tiaqF,.cm, 1038 Couwry Rd 323116S11/4 RiftE, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- 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 additional gathering system pipelines that will allow for new natural gas wells to be connected to this system. This extension and laterals will connect to the existing EPCO- Marathon Gathering System project that was permitted by Garfield County in December 2008. The transportation of this natural gas via pipeline is a critical process in delivering gas to the market system as is needed to keep up with the natural gas production curve of the natural gas gathering system. As per the Garfield County Zoning Resolution section 9-102, Enterprise Gas Processing, 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 1038 Courcy Rd 323 Rifle, CO 81650 Processing LLC rasion and Laterals- Development Plan Review for Right -of -Way Application i Tab 7- Regulatory Permit Requirements 9-104 (F) Permit Needed Permit Status iblic Health Colorado Discharge Permit System of Division The CDPS Permit was issued on May 13, 2008. Permit #COR -03D733. The Stormwater Management Plan and Permit is attached in Tab 21- Construction Management Plan. cigineers Nationwide Permit 12 for util. activity Please find attached the Pre -construction notification dated 5122/09 sent to the USACE. y Control Commission Fugitive dust emissions The Construction Permit application was and Laterals submitted to the CDPHE on 5/29/09. Page 1 of 2 Colorado Department of Public Health and Environment -Water Quality Control Commission Construction Dewatering Waste Permit. This permit was applies 5/26/09 by Enterprise. Please se attached. This permit is for the i occur during the work not Nationwide 12 permit. Colorado Dept. of Transportation Access Permit CDOT 307041 dated 4/5/07. 21 acre pipe yard Highway 6&24 Garfield County Road & Bridge Access Permit Garfield County GRB08-D-77 is Garfield County Road 300 7 acre office/yard Pa,-- 1 of 2 Enterprise Products' May 22, 2009 ENTERPRISE PRODUCTS PARTNERS LP ENTERPRISE PRODUCTS GP, LLC, GENERAL PARTNER ENTERPRISE PRODUCTS OPERATING LLC ENTERPRISE PRODUCTS OLPGP, INC., SOLE MANAGER Federal Express 8689 3258 5310 Ms. Sue Nall U.S. Army Corp of Engineers Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, CO 81501-2563 RE: Nationwide Permit 12 Preconstruction Notification Jackrabbit Extension and Laterals Natural Gas Pipeline Garfield County, Colorado Dear Ms. Nall: Please accept this Nationwide Permit 12 (NWP 12) Preconstruction Notification (PCN) to construct a pipeline scheduled for construction and installation Fall, 2009. Enterprise Products Operating LLC, (Enterprise) is providing this Preconstruction Notification to demonstrate due diligence in complying with Clean Water Act, Section 404 regulations, NWP 12 and the 2007 Colorado Regional Conditions Section a., as related to NWP 12 (Appendix B). The following information is provided to assist your office in determining the application of a Nationwide Permit 12 to this project. Applicant: Enterprise Products Operating LLC Contact: Mr. James G. White Environmental Permitting P.O. Box 4324, Houston Texas 77210 Phone (713)-381-1785 Project Location (Map - See Appendix A Pages 3-5): General: T/R/S: USGS Quad: Ownership: 10 miles west of the Town of Parachute. S13: T6S: R97W: SW'/4SW'/4 Circle Dot Gulch (CO) 39108:E2:TF:024 Private Purpose / Need for Project: The proposed Jackrabbit Extension and Laterals Pipeline Project is a natural gas pipeline system that will gather and transport gas from various existing and proposed gas See Attachment B, Colorado Final Regional Conditions for Revocation/ Special Notification Specific to Certain Geographic Areas for lull text. After field evaluations confirmed proximity of the spring point source to the Pipeline right-of-way (ROW), the pipeline has been moved down gradient and outside the 100 foot boundary. A minor impact is expected and the disturbance calculations are outlined in Table 1 below. During construction within the wetland boundary, Enterprise will implement all required NWP 12/ Colorado Regional Conditions of Approval guidelines. The impact to the wetlands has been reduced as much as is practicable by utilizing the following Best Management Practices (BMPs): • Storm water BMPs will be implemented along wetland boundaries minimizing soil movements • Soil horizons will be separated and stockpiled outside and away from the wetland boundary • Equipment will be on mats reducing tracking impacts • Construction will occur within the wetland boundary in a 48 hour timeframe • Soil will be replaced according to proper horizon • Revegetation will occur as soon as possible Project Description: (Typical plan view and cross-section is attached as Appendix C, Figures 1- 2) Table 1 Location # 1: T6S: R97W: S13: SW%SW'' Latitude: 39.51911° Longitude: -108.17730° Brief Description and Type of Improvements: Project plans are proposing to install/construct a natural gas pipeline system in the Trail Ridge Gas Field. The location (X) will ( ) will not be used exclusively by Enterprise. This is a ( ) temporary (X) permanent action and ( ) will (X) will not be subject to transfer. Project status (X) proeosed ( ) under construction ( ) interim reclamation ( ) Final reclamation ( ) Nationwide Permit Type: #12 - Utility line Crossing (Description) Type of Waters: ( ) Perennial ( ) Ephemeral ( ) Intermittent (X ) Wetland delineation re. uired Y Area Affected: 6 Width' X 20 Length' 1434560 ft/acre = 0.0028 Acres Estimated temporary Fill (below OHWM): 6 Width' X 20 Length' X .5 Average Depth' / 27 = 2.22 Cubic Yards Estimated permanent Fill (below OHWM): 0 Width' X 0 Length' X 0 Avera.e Death' 127 = 0 Cubic Yards Terms: Does this project meets the terms for a NWP Yes (X) No ( ) Permanent Structures (i.e. culvert, french drain) None Comments: Buried pipeline crossing of southern most portion of wetland Proposed crossing of unnamed wetland with the 20" Extension pipeline 'Sit N r: • , 1, ' p.i :5} vtd' 1Gi �1P , � r 61� ,_ X �..,,r y 1 pp , J 3 M f r;t Ict r , ,,, S 7 i'1 ' t r t y -. „...,,-.-4,.-4F.�[ ,-rye. may f-- _,: ys .'' .71: 2' n� ,• ' {) • A K ` J 5 Date n5/n610n Picture # 1 ,,�_.: - ` ,Y r _ tib- t ` •••,,t + + Y� ----- ::ii.n, _ , - , x x .� r Unnamed Wetland z at: 39, 450521 Long: -I07.89$77 Proposed crossing of unnamed wetland with the 20" Extension pipeline / • — ---v,-- rt + - ? z:w t �r. x -e--,.....q . may.- d'as�,g •e;.-.., kS "" �{�_ ,., a, Date 05106!09 Picture # 2 General Permit Conditions (Based on 67 FR 2089-2094): The conditions listed below (by location) appear to be applicable to activities within the scope of this Preconstruction Notice. Comments are provided to clarify applicability. Condition Comments 2. Proper Maintenance Will be maintained to protect public safety and environment 3. Erosion/Sediment Controls Maintain during construction, permanent stabilization post construction 5. Equipment Mats will be used if working in wetland 6. Regional Conditions PCN for perennial crossings 9. State 401 Certification Plan view and Cross-section is attached 11. Endangered Species See Table 2 Below 12. Historic Properties None present due to existing historical disturbances 13. Notification As applicable 14. Compliance Certification Will be submitted upon project completion 21. Management of Flows Channel will be temporarily flumed 24. Temporary Fills Will be re-contoured to pre-existing conditions and stabilized 27. Construction Period Com.lete within 12 months after expiration date of NWP Table 2: U.S. Fish and Wildlife Service Listed and Candidate Species - Garfield County, Colorado' Undated: February 2008 SPECIES SCIENTIFIC NAME STATUS2 HABITAT/ SPECIES PRESENT LIKELY To BE ADVERSELY AFFECTED Bonytail Gila elegans E N N Canada Lynx Lynx canadensis T N N Colorado Pikeminnow Ptychocheilus Lucius E N N Humpback Chub Gila cypha E N N Mexican Spotted Owl Strix occidentalis T N N , Razorback Sucker Xyrauchen texanus E N N Yellow -billed Cuckoo Coccyzus americanus C N N Debeque Phacelia Phacelia submutica C N N Parachute Beardtongue Penstemon debilis C N N Uinta Basin Hookless Cactus Sclerocactus glaucus T N N Reclamation will occur as soon as is practicable post construction and consist of re -vegetating and implementing storm water BMPs as outlined in the Enterprise, Piceance Basin Gathering System Storm Water Management Plan (SWMP), Permit No. COR -03D733. Should you have questions or require further information, please contact James White directly at 713-381-1785. V XIQNaddV Wetland Delineation and Preliminary Jurisdictional Determination Section 13 Jackrabbit Pipeline Wetland Crossing Prepared for: Enterprise Products Operating, LLC (EPCO) Prepared by: WestWater Engineering May 2009 INTRODUCTION WestWater Engineering (WWE) biologists were requested to perform a wetland delineation and preliminary jurisdictional determination with the Arany Corps of Engineers on behalf of Enterprise Products Operating, LLC (EPCO). Pertinent information concerning this request follows: Applicant: Enterprise Products Operating LLC, P.O. Box 4324, Huston Tx. 77210, Phone (713) 381-6500 Property owner: Chevron, POC, Craig Tysse, 760 Horizon Drive #401, Grand Junction, CO Phone (970) 285-9722, cell (970) 623-0418 Property Location: Sections 23, 24, and 13, Township 6 South, and Range 97 West. Ute PM UTM 12s 742645E, 4378190N, NAD83 Project Site: The project is located along a proposed pipeline alignment spanning across the ridgeline just south of McKay Gulch, 10 miles west of the Town of Parachute, Garfield County (Pigurel). On May 4, 2009 WestWater Biologists 2009 identified and delineated a wetland on the proposed pipeline alignment. The wetland is located on an unnamed tributary to Garden Gulch (Figure 2). WETLAND DELINEATION Delineation Methods — WestWater biologists performed a wetland delineation of the subject area on May 4, 2009. The wetland boundaries were identified on the basis of the vegetation, soils and hydrologic characteristics present at the site in. accordance with Draft Intern Regional Supplement (Wester Mountains, Valleys and Coast Region) to the Corps of Engineers Wetland Delineation Manual, December 2006. The wetland boundary delineation included identification of plant species, vegetation composition and structure. Soil borings (24 f in. deep) were taken with an auger for observation of wetland soil indicators and hydrology. Soil horizons were examined for color, texture, and moisture characteristics. The wetland boundaries based on these Table 1 Flag and Transect UTM Locations Flaac Basting Northing Flag Basting Northing 6001 742618 4378144 6013 742684 4378210 6002 742627 4378153 6014 742674 4378204 6003 742632 4378164 8015 742665 4378197 6004 742639 4378173 B016 742656 4378192 B005 742641 4378181 B017 742645 4378190 B006 742643 4378172 B018 742640 4378192 6007 742649 4378176 B019 742629 4378186 B008 742649 4378181 B020 742629 4378176 B009 742657 4378189 B021 742625 4378166 B010 742667 4378194 B022 742621 4378157 6011 742676 4378201 B023 742616 4378146 B012 742686 4378206 B013 742684, 4378210 * Transects for polygon "B" (TBW4 and TB;J4) were located within 2 feet of Flag 64. The hydrology for polygon B consists of two springs; one is near flag 3-19 (Figure 3) and the other is upstream about 30m beyond the upper end of the delineation. A pipe runs from the lower spring to a stock tank below. The stock tank is located on the edge of the emergent wetland between flags B-05 through B-07. On the west end of the delineated area, the wetland appears to be wet meadow. As the wetland narrows at the east end, the wetland area becomes a small stream channel with fringe wetlands. The channel is about a foot wide with fringe wetlands on each side of the stream beginning just below the stock tank. This outlet stream is incised about 6-8 inches into the ground with vertical walls descending to the stream. Polygon B was approximately 0.174 acres of potential wetlands, addition wetlands occur up and down stream of this area. Soils and vegetation information are on the attached COE Data sheets. ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Enterprise Products Operating, LLC, EPCO, Leonard Mullett, Senior VP Engineering, P.O. Box 4324, Huston Tx. 77210, Phone (713) 3S1-6500 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located along a proposed pipeline alignment spanning across the ridgeline just south of McKay Gulch, 10 miles west of the Town of Parachute, Garfield County. On May 4, 2009 WestWater Biologists 2009 identified and delineated a wetland on the proposed pipeline alignment. The wetland is located on an unnamed tributary to Garden Gulch. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:CO County/parish/borough: Mesa City: Parachute Center coordinates of site (lat/long in degree decimal format): Lat. 39.51911° N, Long. 108.17730° W. Universal Transverse Mercator: NAD83 Name of nearest waterbody: Colorado River Identify (estimate) amount of waters in the review area: Non -wetland waters: 350 linear feet: 1 width (ft) and/or 0.01 acres. Cowardin Class: R4 Stream Flow: perennial Wetlands: 0.17 acres. Cowardin Class: R4 Name of any water bodies on the site that have been identified as Section 10 -- N/A 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved riafarminntinn !_ Ifl\ fnr that sjtP NAvertheless. the permit applicant or other person Individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction 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 approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 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: 7 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): ® Maps, plans, plots or plat submitted by or on behalf of the applicanticonsultant:WWE. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. WWE O Office concurs with data sheets/delineation report. E Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters` study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1:24000 Circle Dot Gulch, CO. ® USDA Natural Resources Conservation Service Soil Survey. Citation:websoilsurvey.nrcs.usda.gov/app/ ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):USDA NAIP 2005. or ® Other (Name & Date):WWE ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) Are climatic / hydrologic conditions on the site typical for this time of year? Yes (re. Are Vegetation Are Vegetation❑ Soil ❑ or Hydrology ❑ significantly disturbed? Soil ❑ or Hydrology ❑ naturally problematic? SUMMARY OF FINDINGS - Attach site map showing sampling No r. (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes IF No (If needed, explain any answers in Remarks.) point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 67No (•. Hydric Soil Present? Yes (. No (s, Wetland Hydrology Present? Yes (r`: No (r. Is the Sampled Area within a Wetland? Yes C No (+ Remarks: There is heavy grazing in the area and this site has been developed into a stock pond watering area. Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ,I:: (A) Total Number of Dominant Species Across Alt Strata: .."y ": • (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 20 0 % (NB) VEGETATION Tree Stratum (Use scientific names.) Absolute Dominant Indicator %Cover Species? Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ,I:: (A) Total Number of Dominant Species Across Alt Strata: .."y ": • (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 20 0 % (NB) 1.Populas Tremuloides 10 Yes FAC 2. 3. 4. Saplino/Shrub Stratum 10:% 15 Yes UPL 1 .Symphoricarpos rotundifolius Prevalence Index worksheet: Total °k Cover of: Multiply by: 2.Chrysothamnus nauseosus 10 Yes urt, 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 = BfA 3. 4. 5. Herb Stratum Total Coven 25 % 40 Yes FACU 1 •Poa pretenses 2.Festuca saxirnimuntana 30 Yes UPL 3. 4. Hydrophytic Vegetation Indicators: Dominance Test is X50% Prevalence Index is 53.0' • Morphological Adaptations' (Provide supporting 5,r. 6. 7. data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. 8. Woody Vine Stratum Total Cover: 7E3 % 1 2. % Bare Ground in Herb Stratum 5 % Total Cover: i % % Cover of Biotic Crust % Hydrophytic Vegetation Present? Yes r No C ". Remarks: US Army Corps of Engineers MountainValtey - Version DRAFTSO7 SOIL Sampling Point: TB4U 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' Loc2 Texture3 Remarks 0-6 10YR 312 Loam 6-12 1OYR 312 Loam 12-18 10YR 313 Loam 18-24 10YR 313 Loam 'Type: C=Concentration, Dr -Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. 3Soi1 Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Si1t, Loamy Sand, Sand. Hydric fl 0 Soil Indicators: (Applicable to all LRRs, unless Histosol (Al) Histic Epipedon (A2) Stack Hlstic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR C) 1 an Muck (A9) (LRR D) Depleted Below Dark Surface (Al 1) Thick Dark Surface (Al2) Sandy Mucky Mineral (51) Sandy Gleyed Matrix (S4) 0 otherwise noted.) Sandy Redox (S5) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Vernal Pools (F9) Indicators for Problematic Liydric Sails: 1 cm Muck (A9) (LRR C) 2 cm Muck (A10) (LRR B) Reduced Vedic (F18) Red Parent Material (TF2) Other (Explain in Remarks) Indicators of hydrophytic vegetation and wetland hydrology must be present Restrictive Layer (if present): Type: Hydric Soil Present? Yes C No (T. Depth (inches): Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators tarty one indicator is sufficient) El Surface Water (Al) O High Water Table (A2) O Saturation (A3) O Water Marks (81) (Nonriverine) O Sediment Deposits (82) (Nonriverine) O Drift Deposits (03) (Nonriverine) • Surface Soil Cracks (136) • Inundation Visible on Aerial Imagery (B7) • Water -Stained Leaves (B9) Field Observations: Surface Water Present? Water Table Present? Saturation Present? Yes C' Yes C` Yes • Salt Crust (611) O Biotic Crust (B12) O Aquatic Invertebrates (013) ❑ Hydrogen Sulfide Odor (C1) fl Oxidized Rhizospheres along Living Roots (C3) O Presence of Reduced Iron (C4) ❑ Recent Iron Reduction in Plowed Soils (C6) [l Other (Explain in Remarks) Secondary Indicators (2 or more required) ▪ Water Marks (01) (Riverine) • Sediment Deposits (82) (Riverine) ❑ Drift Deposits (B3) (Riverine) • Drainage Patterns (B10) O Dry -Season Water Table (C2) 0 Thin Muck Surface (C7) • Crayfish Burrows (C8) O Saturation Visible on Aerial Imagery (C9) • Shallow Aquitard (D3) ▪ FAC -Neutral Test (D5) No (r No t+ No t: Depth (inches): Depth (inches): Depth (inches): Are climatic / hydrologic conditions on the site typical for this time of year? Yes % No C (If no, explain in Remarks.) Are Vegetation ❑ Sod ❑ or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes r: No C Are Vegetation El 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? Hydric Soil Present? Wetland Hydrology Present? Yes ti Yes R. Yes (" No fk No (x!. No «: Is the Sampled Area within a Wetland? Yes No Remarks:There is heavy grazing in the area and this site has been developed into a stock pond watering area. VEGETATION Tree Stratum (Use scientific names.) Absolute Dominant Indicator % Cover Species? Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: :-3`.:: (A) Total Number of Dominant Species Across All Strata: .3:: (B) Percent of Dominant Species That Are OBL., FACW, or FAC: 100.0 % (A/8) 1. 2. 3. 4 Sapling/Shrub Stratum `i • % 1. Prevalence index worksheet: Total % Cover of Multiply by: 2. OBL species x 1 = FACW species x 2 = FAC species x 3 = PACU species x 4 = UPL species x 5 Column Totals: (A) (8) Prevalence Index = B/A = 3. 4. 5. Herb Stratum Total Cover. <: % 30 Yes FAC 1•Carexmicraptera 2-Glyceria striata 20 Yes out, 3•Eleocharis pauciflora 20 Yes OBI, 4. Hydrophytic Vegetation Indicators: X. Dominance Test is >50% Prevalence Index is S3.0' ❑ Morphological Adaptations' (Provide supporting data in Remarks or an a separate sheet) ❑ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. 5. g 7. $ Woody Vine Stratum Total Cover. 70 % 1 2. % Bare Ground in Herb Stratum % Total Cover. .W,..% % Cover of Biotic Crust "/e Hydrophytic Vegetation Present? Yes (i No (— Remarks: US Army Corps of Engineers MountainValley - Version DRAFT607 SOIL Sampling Point: TB4W 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' Loc2 Texture3 Remarks 0-6 I OYR3/2 C RC Loam Oxidation on root channels 6-12 IOYR2/2 C RC Loam 12-18 1OYR2/2 25 5/10B 75 RM M Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel. M=Matrix. 'Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. Hydric Soli Indicators: (Applicable to alt LRRs, unless ❑ Histosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑Hydrogen Sulfide (A4) ❑ Stratified Layers (A5) (LRR C) ❑ 1 cm Muck (A9) (LRR D) HDepleted Below Dark Surface (Al 1) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy G€eyed Matrix (S4) ❑ x otherwise noted.) Sandy Redox (55) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Vernal Pools (F9) ndicators "Indicators for Problematic Hydric Soils 1 cm Muck (A9) (LRR C) 2 cm Muck (A10) (LRR B) Reduced Veriic (F18) Red Parent Material (TF2) Other (Explain in Remarks) of hydrophytic vegetation and wetland hydrology must be present. Restrictive Layer (if present): Type: Hydric Soil Present? Yes (s, No C' Depth (inches): Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (any one indicator is sufficient) O Surface Water (Al) ❑ Q High Water Table (A2) O Saturation (A3) ❑ ❑ Water Marks (B1) (Nonriverine) E • Sediment Deposits (82) (Nonriverine) • Drift Deposits (B3) (Nonriverine) ❑ Surface Soil Cracks (B6) ❑ Inundation Visible on Aerial Imagery (87) ❑ Water -Stained Leaves (B9) Salt Crust (81 1) Biotic Crust (B12) Aquatic Invertebrates (B13) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Roots (03) Presence of Reduced Iron (C4) Recent iron Reduction in Plowed Soils (C6) Other (Explain in Remarks) Secondary Indicators (2 or more reouired) Water Marks (81) (Riverine) • Sediment Deposits (B2) (Riverine) 0 Drift Deposits (83) (Riverine) 0 Drainage Patterns (B10) • Dry -Season Water Table (02) 0 Thin Muck Surface (C7) D Crayfish Burrows (08) ❑ Saturation Visible on Aerial Imagery (C9) 0 Shallow Aquitard (D3) ❑ FAC -Neutral Test (D5) Field Observations: Surface Water Present? Water Table Present? Saturation Present? Yes(. Yes (� '11 PA 47 No(~ No ('. Nn Depth (inches): " Depth (inches): 8" Depth finches): 4" S XIQNaddV U S Army Corps of Engineers Sacramento District Nationwide Permit Summary 33 CFR Part 330; Issuance of Nationwide Permits — March 19, 2007 includes corrections of May 8, 2007 and addition of regional conditions December 2007 12. Utility Line Activities. Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2 acre of waters of the United States. Utility lines: This NWP authorizes the construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, provided there is no change in pre -construction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication. The term "utility line" does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non -tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2 acre of waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. non -tidal waters of the United States, provided the total discharge from a single and complete project does not cause the loss of greater than 1(2 -acre of non -tidal waters of the United States. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre -construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre -construction contours and elevations in waters of the United States must be properly. bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP also authorizes temporary structures, fills, and work necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) the activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10 -acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 27.) (Sections 10 and 404) Note 1: Where the proposed utility line is constructed or installed in navigable waters of the United States (i.e., section ID waters), copies of the pre -construction notification and NWP verification will be sent by the Corps to the National Oceanic A. Nationwide remit [ieneral Lonaluons Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. ❑ 1. Navigation. ❑ (a) No activity may cause more than a minimal adverse effect on navigation. ❑ (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. ❑ (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. O 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. ❑ 3 Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. ❑ 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. © 7. Water Supply Intakes, No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. ❑ S. Adverse Effects From Impoundments. if the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. ❑ 9. Management of Water Flows. To the maximum extent practicable, the pre -construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre -construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). ❑ 10. Fills Within 100 -Year Floodplains, The activity must comply with applicable FEMA -approved state or local floodplain management requirements. ❑ 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. ❑ 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no -flow. O 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate. O 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety. ❑ 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in Nationwide ] 2 Permit Summary writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). El 16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. ❑ 17. Endangered Species. ❑ (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. ❑ (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. ❑ (c) Non-federal permittees shall notify the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been; Page 3 separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, both lethal and non- lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide Web pages at littp://www.fws.eovl and http:!/www.noaa.govliisheries.htrel respectively. 0 18. Historic Properties, ❑ (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. © (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. ❑ (c) Non-federal permittees must submit a pre - construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties Iisted, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre - construction notification must state which historic properties may be affected by the proposed work or include a vicinity ntap indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties which the activity may have the potential to cause effects and so notified the Corps, the non -Federal annlicant shall not begin the activity until V WLIVAL A VW VA tsaV s i, aaYu alaValwvilMas, ulE,uaaa..uyuJ adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPOITHPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal Lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. ❑ 19. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially designated by a state as having particular environmental or ecological significance and identified by the district engineer after notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after notice and opportunity for comment. O (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. © (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NW1's only after it is determined that the impacts to the critical resource waters will be no more than minimal. 0 20 Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: ❑ (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States notification, unless the district engineer determines in writing that some other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this requirement. For wetland losses of 1/10 acre or less that require pre -construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. O (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream restoration, to ensure that the activity results in minimal adverse effects on the aquatic environment. © (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. ❑ (1) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concems. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. Nationwide 12 Permit Summary 0 (g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. ❑ (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub - shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. ❑ 21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. ❑ 22. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. ❑ 23. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. ❑ 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage Joss of waters of the United States for the total project cannot exceed 1/3 -acre. ❑ 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A cony property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) Page 5 ❑ 26. Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed certification regarding the completed work and any required mitigation. The certification form must be forwarded by the Corps with the NWP verification letter and will include: ❑ (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or specific conditions; ❑ (b) A statement that any required mitigation was completed in accordance with the permit conditions; and ❑ (c) The signature of the permittee certifying the completion of the work and mitigation. O 27. Pre -Construction Notification. ❑ (a) Timing.. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days oldie date of receipt and, as a general rule, will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not continence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: ❑ (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or ❑ (2) Forty-five calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corns pursuant to general condition 17 that listed carenear says oz receipt or a complete r .aN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). ❑ (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: © (1) Name, address and telephone numbers of the prospective permittee; ❑ (2) Location of the proposed project; O (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided result in a quicker decision.); ❑ (4) The PCN must include a delineation of special aquatic sites and other waters of the United States on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters of the United States, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, where appropriate; ❑ (5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. ❑ (6) if any listed species or designated critical habitat might be affected or is in the vicinity property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non -Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. ❑ (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. ❑ (d) Agency Coordination: 0 (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. ❑ (2) For all NWP 48 activities requiring pre - construction notification and for other NWP activities requiring pre -construction notification to the district engineer that result in the loss of greater than 1/2 -acre of waters of the United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NIMIFS). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre - construction notification that the resource agencies' Natiomvidc 12 Permit Summary concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to Iife or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. ❑ (3) In cases of where the prospective permittee is not a Federal agency, the district engineerwill provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. ❑ (4) Applicants are encouraged to provide the Corps multiple copies of pre -construction notifications to expedite agency coordination. O (5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS. 0 (e) In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. if the proposed activity requires a PCN and will result in a loss of greater than 1 /10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any conditions the district engineer deems necessary. The district engineer must approve any compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must rsar:a,,, lh.a r.lan t„;41;” AS nal. nrlar ria„a "IS rnc.s.h, nn a Page 7 If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal Ievel; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan. 0 (a) 28. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 13. Regional Conditions: 1. Sacramento District (All States, except Colorado) 1. When pre -construction notification (PCN) is required, the prospective permittee shall notify the Sacramento District in accordance with General Condition 27 using either the South Pacific Division Preconstruction Notification (PCN) Checklist or a completed application form (ENG Form 4345). in addition, the PCN shall include: a. A written statement explaining how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions of the proposed activity. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and size (in acreage) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the high tide line should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation; and c. Pre -project color photographs of the project site taken from designatedlocations documented on the plan any assoctatea areas preserver to minimize or compensate for project impacts. 4. The permittee shall place wetlands, other aquatic areas, and any vegetative buffers preserved as part of mitigation for impacts into a separate "preserve" parcel prior to discharging dredged or fill material into waters of the United States, except where specifically determined to be impracticable by the Sacramento District. Permanent legal protection shall be established for all preserve parcels, following Sacramento District approval of the legal instrument. 5. The permittee shall allow Corps representatives to inspect the authorized activity and any mitigation areas at any time deemed necessary to determine compliance with the terms and conditions of the NWP verification. The permittee will be notified in advance of an inspection. 6. For NWPs 29, 39, 40, 42, 43, 44, and 46, requests to waive the 300 linear foot limitation for intermittent or ephemeral waters of the U.S. shall include an evaluation of functions and services provided by the waterbody taking into account the watershed, measures to be implemented to avoid and minimize impacts, other measures to avoid and minimize that were found to be impracticable, and a mitigation plan for offsetting impacts. 7. Road crossings shall be designed to ensure fish passage, especially for anadromous fisheries. Permittees shall employ bridge designs that span the stream or river, utilize pier or pile supported structures, or involve large bottomless culverts with a natural streambed, where the substrate and streamflow conditions approximate existing channel conditions. Approach fills in waters of the United States below the ordinary high water mark are not authorized under the NWPs, except where avoidance has specifically been determined to be impracticable by the Sacramento District. 8. For NWP 12, clay blocks, bentonite, or other suitable material shall be used to seal the trench to prevent the utility line from draining waters of the United States, including wetlands. 9. For NWP 13, bank stabilization shall include the use of vegetation or other biotechnical design to the maximum extent practicable. Activities involving hard -armoring of the bank toe or slope requires submission of a PCN per General Condition 27. 10. For NWP 23, the PCN shall include a copy of the signed Categorical Exclusion document and final agency determinations regarding compliance with Section 7 of the Endangered Species Act, Essential Fish Habitat under the Magnussen-Stevens Act, and Section 106 of the National Historic Preservation Act. ecosystem within the watershed. 13. For NWP 33, temporary fills for construction access in waters of the United States supporting fisheries shall be accomplished with clean, washed spawning quality gravels where practicable as determined by the Sacramento District, in consultation with appropriate federal and state wildlife agencies. 14. For NWP 46, the discharge shall not cause the loss of greater than 0.5 acres of waters of the United States or the loss of more than 300 linear feet of ditch, unless this 300 foot linear foot Iimit is waived in writing by the Sacramento District. 15. For NWPs 29, 39, 40, 42, and 43, upland vegetated buffers shall be established and maintained in perpetuity, to the maximum extent practicable, next to all preserved open waters, streams and wetlands including created, restored, enhanced or preserved waters of the U.S., consistent with General Condition 20. Except in unusual circumstances, vegetated buffers shall be at least 50 feet in width. 16. All NWPs except 3, 6, 20, 27, 32, 38, and 47, are revoked for activities in bistosols and fens and in wetlands contiguous with fens. Fens are defined as slope wetlands with a histic epipedon that are hydrologically supported by groundwater. Fens are normally saturated throughout the growing season, although they may not be during drought conditions. For NWPs 3, 6, 20, 27, 32, and 38, prospective permittees shall submit a PCN to the Sacramento District in accordance with General Condition 27. 17. For all NWPs, when activities are proposed within 100 feet of the point of groundwater discharge of a natural spring, prospective permittees shall submit a PCN to the Sacramento District in accordance with General Condition 27. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this condition, springs do not include seeps or other discharges which lack a defined channel. 1C. California Only 1. In the Lake Tahoe Basin, all NWPs are revoked. Activities in this area shall be authorized under Regional General Permit 16 or through an individual permit. 2. In the Primary and Secondary Zones of the Legal Delta, NWPs 29 and 39 are revoked. New development activities in the Legal Delta will be reviewed through the Corps' standard permit process. CII. Nevada Only 1. In the Lake Tahoe Basin, all NWPs are revoked. Activities in this area shall be authorized under Regional General Permit 16 or through an individual permit. Nationwide 12 Permit Summary IV. Utah Only 1. For all NWPs, except NWP 47, prospective permittees shall submit a PCN in accordance with General Condition 27 for any activity, in waters of the United States, below 4217 feet mean sea level (msl) adjacent to the Great Salt Lake and below 4500 feet msl adjacent to Utah Lake. 2. A PCN is required for all bank stabilization activities in a perennial stream that would affect more than 100 linear feet of stream 3. For NWP 27, facilities for controlling stormwater runoff, construction of water parks such as kayak courses, and use of grout or concrete to construct in -stream structures are not authorized. A PCN is required for all projects exceeding 1500 linear feet as measured on the stream thalweg, using in stream structures exceeding 50 cubic yards per structure and/or incorporating grade control structures exceeding 1 foot vertical drop. For any stream restoration project, the post project stream sinuosity shall be appropriate to the geomorphology of the surrounding area and shall be equal to, or greater than, pre project sinuosity. Sinuosity is defined as the ratio of stream length to project reach length. Structures shall allow the passage of aquatic organisms, recreational water craft or other navigational activities unless specifically waived in writing by the District Engineer. V. Colorado Only 1. Final Regional Conditions Applicable to Specific Nationwide Permits within Colorado. a. Nationwide Permit Nos. 12 and 14, Utility Line Activities and Linear Transportation Projects. In the Colorado River Basin, utility line and road activities crossing perennial water or special aquatic sites require notification to the District Engineer in accordance with General Condition 27 (Pre -Construction Notification). b. Nationwide Permit No. 13 Bank Stabilization. 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 rnarks) are limited to the placement of no more than 114 cubic yard of suitable fill* 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 27 (Pre -Construction Notification) and the Corps determines the adverse environmental effects are minimal. [* See (g) for definition of Suitable Fill) c. Nationwide Permit No. 27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Page 9 provide those comments. If CDOW raises concerns, the applicant may either modify their plan, in coordination with CDOW, or apply for a standard individual permit. (2) For activities involving the length of a stream, the post -project stream sinuosity will not be significantly reduced, unless it is demonstrated that the reduction in sinuosity is consistent with the natural morphological evolution of the stream (sinuosity is the ratio of stream length to project reach length). (3) Structures will allow the upstream and downstream passage of aquatic organisms, including fish native to the reach, as well as recreational water craft or other navigational activities, unless specifically waived in writing by the District Engineer. The use of grout and/or concrete in building structures is not authorized by this nationwide permit. (4) The construction of water parks (i.e., kayak courses) and flood control projects are not authorized by this nationwide permit. d. Nationwide Permits Nos. 29 and 39; Residential Developments and Commercial and Institutional Developments. A copy of the existing FEMA/locally- approved floodplain map must be submitted with the Pre - Construction Notification. When reviewing proposed developments, the Corps will utilize the most accurate and reliable FEMA/locally-approved pre -project floodplain mapping, not post -project floodplain mapping based on a CLOMR or LOMR. However, the Corps will accept revisions to existing floodplain mapping if the revisions resolve inaccuracies in the original floodplain mapping and if the revisions accurately reflect pre -project conditions. 2. Final Regional Conditions Applicable to All Nationwide Permits within Colorado e. Removal of Temporary Fills. General Condition 13 (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, certified weed - free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. f. Spawning Areas. General Condition 3 (Spawning Areas) is amended by adding the following: In Colorado, all Designated Critical Resource Waters (see enclosure 1) are considered important spawning areas. Therefore, In accordance with General Condition 19 (Designated h. Invasive Aquatic Species. General Condition 11 is amended by adding the following condition for work in perennial or intermittent waters of the United States: If heavy equipment is used for the subject project that was previously working in another stream, river, lake, pond, or wetland within 10 days of initiating work, one the following procedures is necessary to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers: (1) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and keep the equipment dry for 10 days. OR (2) Remove all mud and debris from Equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with either a 1:1 solution of Formula 409 Household Cleaner and water, or a solution of Sparquat 256 (5 ounces Sparquat per gallon of water). Treated equipment must be kept moist for at least 10 minutes. OR (3) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 120 degrees F for at Ieast 10 minutes. 3. Final Regional Conditions for Revocation/Special Notification Specific to Certain Geographic Areas i. Fens: All Nationwide permits, except permit Nos. 3, 6, 20, 27, 32, 38 and 47, are revoked in fens and wetlands adjacent to fens. Use of nationwide permit Nos. 3, 20, 27 and 38, requires notification to the District Engineer, in accordance with General Condition 27 (Pre -Construction Notification), and the permittee may not begin the activity until the Corps determines the adverse environmental effects are minimal. The following defines a fen: Fen soils (histosols) are normally saturated throughout the growing season, although they may not be during drought conditions. The primary source of hydrology for fens is groundwater. Histosols are defined in accordance with 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 (httn:'(soils.usda.govftechnical/classificatio nftaxono Lay). j. Springs: Within the state of Colorado, all NWPs, except permit 47 (original 'C'), require preconstruction notification pursuant to General Condition 27 for discharges of dredged or fill material within 100 feet of the point of groundwater discharge of natural springs. A a. Permittees are reminded of the existing General Condition No. 6 which prohibits the use of unsuitable material. Organic debris, building waste, asphalt, car bodies, and trash are not suitable material. AIso, General Condition 12 requires appropriate erosion and sediment controls (i.e. all fills must be permanently stabilized to prevent erosion and siltation into waters and wetlands at the earliest practicable date). Streambed material or other small aggregate material placed along a bank as stabilization will not meet General Condition 12. Also, use of erosion control mates that contain plastic netting may not meet General Condition 12 if deemed harmful to wildlife. b. Designated Critical Resource Waters in Colorado. In Colorado, a List of designated Critical Resource Waters has been published in accordance with General Condition 19 (Designated Critical Resource Waters). This list will be published on the Albuquerque District Regulatory home page (htto://www.soa.usace arrnv.mil/reef) c. Federally -Listed Threatened and Endangered Species. General condition 17 requires that nod -federal permittees notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project. Information on such species, to include occuileace by county in Colorado, may be found at the following U.S. Fish and Wildlife Service website: htio:/lwww.fws.gov!mountain%2Dorairic/endsuulname c ounty searrch.htm .C. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. D. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non- structural. Nationwide 12 Permit Summary Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Discharge: The term "discharge" means any discharge of dredged or fill material. Enhancement The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Intermittent stream: An intermittent stream has flowing water during certain tunes of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a ........T e...d.,+el ......�..a ..F..,.,+a. co.. or..,,o.,, flee s. Pap 11 jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the Iinear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States. Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)). Perennial stream: A perennial stream has flowing water year- round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit, The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre -construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction notification may be voluntarily submitted in cases where pre -construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re- establishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(I) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 20.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete project: The term "single and complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete project must have independent utility (see definition). For linear projects, a "single and complete project" is all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, bed. Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 325.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun_ Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d). Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(bX1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary high water mark (OHWM) or other indicators of jurisdiction can be detennined, as well as any wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent—meaning bordering, contiguous, or neighboring—to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include strearns, rivers, lakes, ponds, and wetlands. :Iona! Conditions in Colorado W07 Regional conditions in Colorado . CONDITIONS TO NATIONWIDE PERMITS fHE STATE OF COLORADO Els Applicable to Specific Nationwide Permits 'mit Nos. 12 and 14, Utility Line Activities and jects. In the Colorado River Basin, utility line and irennlai water or special aquatic sites require ngineer in accordance with General Condition 27 tion). 'mit No. 13 Bank Stabilization. In Colorado, bank essary for erosion prevention in streams that in width (measured between the ordinary high o the placement of no more than 114 cubic yard of unning foot below the plane of the ordinary high later than 1/4 cubic yard may be authorized if the riot Engineer in accordance with General Condition fication) and the Corps determines the adverse minimal. r See (g) for definition of Suitable Fill] mit No. 27 Aquatic Habitat Restoration. icement Activities. pities that include a fishery enhancement :orps will send the Pre -Construction Notification to sion of Wildlife (CDOW) for review. In accordance dition 27 (Pre -Construction Notification), CDOW from the receipt of Corps notification to indicate ammenting on the proposed project. CDOW will itional 15 days after the initial 10 -day period to provide those comments. If CDOW raises concerns, the applicant may either modify their plan, in coordination with CDOW, or apply for a standard individual permit. (2) For activities involving the length of a stream, the post - project stream sinuosity will not be significantly reduced, unless it is demonstrated that the reduction in sinuosity is consistent with the natural morphological evolution of the stream (sinuosity is the ratio of stream length to project reach length). (3) Structures will allow the upstream and downstream passage of aquatic organisms, including fish native to the reach, as well as recreational water craft or other navigational activities, unless specifically waived in writing by the District Engineer. The use of grout and/or concrete in building structures Is not authorized by this nationwide permit. (4) The construction of water parks (Le., kayak courses) and flood control projects are not authorized by this nationwide permit. d. Nationwide Permits Nos. 29 and 39; Residential Developments and Commercial and Institutional Developments. A copy of the existing FEMA/locally-approved floodplain map must be submitted with the Pre - Construction Notification. When reviewing proposed developments, the Corps will utilize the most accurate and reliable FEMA/locally-approved pre - project floodplain mapping, not post -project floodplain mapping based on a CLOMR or LOMR. However, the Corps will accept revisions to existing floodplain mapping if the revisions resolve inaccuracies In the original floodplain mapping and if the revisions accurately reflect pre -project conditions. Final Regional Conditions Applicable to All Nationwide Permits within Colorado e. Removal of Temporary Fills. General Condition 13 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (Le. fabric, certified weed -free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. 2007 Nationwide Permit Regional Conditions in Colorado f. Spawning Areas. General Condition 3 (Spawning Areas) is amended by adding the following: In Colorado, all Designated Critical Resource Waters (see enclosure 1) are considered important spawning areas. Therefore, In accordance with General Condition 19 (Designated Critical Resource Waters), the discharge of dredged or fill material in not authorized by the following nationwide permits in these waters: NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50. In addition, in accordance with General Condition 27 (Pre -Construction Notification), notification to the District Engineer is required for use of the following nationwide permits in these waters: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37 and 38". g. Suitable Fill. In Colorado, use of broken concrete as fill material requires notification to the District Engineer in accordance with General Condition 27 (Pre -Construction Notification). Permittees must demonstrate that soft engineering methods utilizing native or non -manmade materials are not practicable (with respect to cost, existing technology, and logistics), before broken concrete is allowed as suitable fill. Use of broken concrete with exposed rebar is prohibited in perennial waters and special aquatic sites. h. Invasive Aquatic Species. General Condition 11 is amended by adding the following condition for work in perennial or intermittent waters of the United States: If heavy equipment is used for the subject project that was previously working in another stream, river, lake, pond, or wetland within 10 days of initiating work, one the following procedures is necessary to prevent the spread of New Zealand Mud Snails and other aquatic hitchhikers: (1) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and keep the equipment dry for 10 days. OR (2) Remove all mud and debris from Equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with either a 1:1 solution of Formula 409 Household Cleaner and water, or a solution of Sparquat 256 (5 ounces Sparquat per gallon of water). Treated equipment must be kept moist for at least 10 minutes. OR (3) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 120 degrees F for at least 10 minutes. Final Regional Conditions for RevocationlSpeci to Certain Geographic Areas i. Fens: All Nationwide permits, except pen 38 and 47, are revoked in fens and wetlands adjac nationwide permit Nos. 3, 20, 27 and 38, requires r Engineer, in accordance with General Condition 21 Notification), and the permittee may not begin the determines the adverse environmental effects are i defines a fen: Fen soils (histosois) are normally saturate( season, although they may not be during d primary source of hydrology for fens is grog defined in accordance with the U.S. Doper Natural Resources Conservation Service F Soil Taxonomy and Field Indicators of Hyd States(http:l/soiis.usda.gov/technicallcias: j. Springs: Within the state of Colorado, all (original 'C'), require preconstruction notification pi Condition 27 for discharges of dredged or fill matei point of groundwater discharge of natural springs. as any location where groundwater emanates from For purposes of this regional condition, springs do discharges which do not have a defined channel. Additional Information The following provides additional information regar impacts and compliance with existing general Coni a. Permittees are reminded of the existing which prohibits the use of unsuitable material. Orc waste, asphalt, car bodies, and trash are not suite General Condition 12 requires appropriate erosion (Le. all fills must be permanently stabilized to previ into waters and wetlands at the earliest practicable material or other small aggregate material placed f ional Conditions In Colorado General Condition 12_ Also, use of erosion control netting may not meet General Condition 12 if tical Resource Waters in Colorado. In Colorado, a Resource Waters has been published in Condition 19 (Designated Critical Resource aublished on the Albuquerque District Regulatory :ached to nationwide permit summaries distributed :ached (see Enclosure 1). d Threatened and Endangered Species. General nod -federal permittees notify the District Engineer signated critical habitat might be affected or is in Information on such species, to include occurrence ay be found at the following U.S. Fish and Wildlife :ain%2Dorairielendsrrnlname county search.htm 3 2007 Nationwide Permit Regional Conditions in Colorado Enclosure 1 DESIGNATED CRITICAL RESOURCE WATERS IN COLORADO The following waters within the State of Colorado are designated as critical resource waters. In accordance with General Condition 19 (Designated Critical Resource Waters), the discharge of dredged or fill material is not authorized by the following nationwide permits in these waters: NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49 and 50. In addition, in accordance with General Condition 27 (Pre -Construction Notification), notification to the District Engineer is required for use of the following nationwide permits in these waters: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37 and 38. 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 Rocky Mountain National Park; • 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: Ali tributaries lo the Roaring Fork River system, including lakes, reservoirs and wetlands within the Maroon Bells!Snowmass Wilderness Area; • Uncompahgre 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; 4 • Upper Colorado River: Mainstem of the Cc including tributaries, lakes, reservoirs, and Mountain National Park; • Upper Gunnison River Basin: All tributarle: wetlands in the La Garita Wilderness Area Gunnison River system, including lakes, re within West Elk, Collegiate Peaks, Maroon Ridge, Oh -Be -Joyful and Big Blue Wilderni • White River: Trapper's Lake and tributaries • Yampa River: Ali tributaries to the Yampa I reservoirs and wetlands within Zirkle Wilde b. Gold Medal Waters. Gold Medal Waters, as ide Colorado, are defined In the Colorado Fishing Sea: on the Colorado Division of Wildlife website (htto:// be obtained at any Colorado Division of Wildlife or c. Cutthroat Trout Waters. Waters designated as the Colorado Division of Wildlife, Colorado Wildlife the Colorado Division of Wildlife's regulation at Ch: can be accessed via the following website address htto://wildlife.state.CO, us/NR/rdonlyresf4D6FFAC6- AE91 B7392A95//0ICh00.pdf APPENDIX C Wetland Crossing Detail c. PROPOSED P:PELINU SILT FENCE No/OR HAT BALES AS APPROPRIATEAPPRCPRAT 4. A.j2.• -sir isj..„ EQUIPMENT •)%e _ .6cRessiNG r. TRENCH r TPORARY i-- raw PLC(S) SILT FENCE )NL/OR BY SALES APPROPRIATE - 1 T -I I - J ' LI I j: 11-1 N '1/4 -STARED RAY BALES.\ I SANDBAGS OR SANDRACs 1 L MT FENCE TEmPoriARr DAN (SANDBAcs) SPOIL PILE CCHSTRUCTION &OAF. ExtrriNG '•ISGETATION MAINTAINED To iiAx PCISS:RIE VIM 1 ( 1 WET1ANO SOUNDA", ..)je .14= sPREA.3i CROSS SECTION FOR TRENCH FLU/44ING TEmPoRAmv now —1 (sANDRAas ) JUL-01-8009 13:06 From:AIR POLLUTION SSP To:17133616811 Pa9e:2'5 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: DATE ISSUED: ISSUED TO; a9GA©584L 4L01 ENTERPRISE GAS PROCESSING, LLC FINAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Land development project known as Jackrabbit Extension and Laterals, located in Sec 12 5611-1517 26 28-36 T6 -7S R96 -97W. Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Qverlot grading and associated construction activities. 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 sect), TO THOSE GENERAL TERMS AND GQNUITlONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The fugitive particulate emission control measures listed on the attached page (as proposed in the Fugitive Dust Control Plan submitted to the Division) shall be applied to the fugitive particulate emission producing sources as required by Regulation No. 1. 2. This permit shall expire an January 15, 2010. By: fr, f/c. d Adam Wozniak Permit Engineer R K Hock III, P.E. Unit Leader ULAN I KUL L.UMMI6b1UN KttiULA i !UN NU 1. 1 t-lIS SUUKL:1= IS SUi3Ji"_L: I 1U 1 tit I-ULLUVVINca CM1 S1UN GUIDELINES, a. Ati Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. 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. c. Haul Trucks - There shalt 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. Control Measures 1. All unpaved roads and other disturbed surface areas on site shall be watered as necessary to prevent off - property transport of visible fugitive particulate emissions. Gravel will be applied to all unpaved roads. Chemical stabilizer will be applied according to manufacturer's recommendations. 2. Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 20mph. Speed limit signs shall be posted. 3. Ali disturbed soil shall be compacted on a daily basis to within 90% of maximum compaction_ 4. All disturbed surface areas shall be revegetated according to the information submitted by the applicant with the permit application. 5. Silt fencing shall be installed prier to overlotting along all property borders that are adjacent to developed areas. 6. Surface area disturbed shalt be minimized as described in the information submitted by the applicant with the permit application. 7_ Gravel entryways Shall be armed to prevent mud and dirt carryout onto paved surfaces. Any mud and dirt carryout onto paved surfaces shall be leaned up daily. 8. No earth work activities shall be performed when the wind speed exceeds 30 miles per hour. AIRS ID: 04610049!011 page 2 of 3 31JL-01-2009 13:07 From:AIR POLLUTION SSP To:17133816611 Pase:4'5 Enterprise Gas Processing, LLC Permit No. 09GA0584L Final Approval CoiOracio Department of Public Health and Environment Air Pollution Control Division GENERAL TERMS AND CONDITIONS:[IMPORTANT'_ READ ITEMS 56.7 AND B) This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and 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 permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 2S -7-114.5(7)(a), C.R.S. 3. 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 shalt constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air ("leaky Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express tenor or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant. or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a Dopy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is re located) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC regulation No. 3, Part B, Section ILB. upon a request for transfer of ownership and the submittal of a revised APEN end the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority For this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section ttl.G. Final approval cannot be granted until the operation or activity commences and has bean verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so ee€ermines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 780 days atter commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which suet) construction or activity was scheduled to commence as set forth in the penult, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date_ Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7.114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IIl.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 clays aftercommencement of operation as stated in condition 5, 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. lie source or activity is to be discontinued, the owner must notify the Aivision in writing requesting a cancellation of the permit. Upon notification, annual fee bitting will terminate. 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. Air Pollutant Emission Notice (APEN) — and — Application for Construction Permit ® New Facility ❑ Transfer of Ownership * El Change in Production ❑ No Change (APEN Update Only) ❑ 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 submittal to the Division for both new and existing 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 1 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 AIRS Number Company Name: Billing Address: Person to Contact: Email Address: Enterprise Gas Processing LLC P.Q. Box 4324 Zip Code: 77210-4324 Houston, TX Chris Gauthier Phone Number: (303) 330-7952 CAGAYJTFIER@epco.com Fax Number: 713-803-9433 Please provide description of the activity: (Also, please provide a site map) Construct a buried, natural gas gathering system consisting of a 2.1 mile 20 -inch extension to an existing 20 -inch line, a 2.6 mi. 10 -inch line, a 4.2 mi. 10 -inch Iine, and a 4.6 mi. IO -inch line. Project Name & Location: Jackrabbit Extension and Laterals, approximately 7.8 miles northwest of County: Garfield Parachute, Garfield County, Colorado to the approximate project center point 1, 2, 5, 6, 96W and Section: 11-15, 17- Township: 6S -7S Range: 97W 26, 28-36 Total area of land in project: Date earthmoving will — Commence: Total area subject to earthmoving: 142 July 15, 2009 142 Total disturbed area at any one time: 142 Area to be paved (roads, parking Iots): 0 Date paving will be completed: n1a Estimated time to complete entire project (includes buildings) List any known or suspected contaminates in the soil: No contaminents are known to exist in the soil. Acres Acres Acres Acres 5 months Stop: December 1, 2009 Brief description of how the project development will occur e.g., timeline, project phases (attach an additional page if necessary): Original permitted construction began in 2008. The project is anticipating resuming construction in July of 2009. The project will employ standard linear pipeline construction techniques expected to conclude in December, 2009. The project will include land clearing, grading soil, and trench excavation. Disturbed land, other than permanent facilities, will be fully restored. required. The control plan (if acceptable to the Division) will be used for enforcement purposes on the sources. Please check the dust control measures which you propose for your activity. The Division will enforce the control measures checked. Use separate sheets if more space is needed. Also note items with an asterisk (*). This indicates those measures which will probably be required. I. Control of Unpaved Roads on Site O Watering O Frequent (Watering Frequency of 2 or More Times Per Day) O As Needed O Application of Chemical Stabilizer ® Vehicle Speed Control Speeds limited to 20 mph maximum. Speed limit signs must be posted. (Generally 30 mph is maximum approvable speed on site.) O Gravelling 11. Control of Disturbed Surface Areas on Site O Watering O Frequent (Watering Frequency of 2 or More Times Per Day) ® As Needed O Application of Chemical Stabilizer O Vehicle Speed Control Speeds Limited To 20 MPH Maximum. Speed Limit Signs Must Be Posted. • Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ® Seeding with mulch O Seeding without mulch O Furrows at right angle to prevailing wind Depth of furrows Inches (must be greater than 6") O Compaction Of Disturbed Soil On A Daily Basis To Within 90 % Of Maximum Compaction (As determined by a Proctor Test). ❑ Foundation areas only; or O All disturbed soil. ® Wind Breaks Type: Silt Fence (Example: Snow Fence, Silt Fence, etc.) O Synthetic Or Natural Cover For Steep Slopes. Type: Erosion Control (Netting, Mulching, etc.) Matting, Mulch Revised September 2008 http:l/www.cdphe.state.co.us/ap/stationary.html 4 Colorado Department of Public Health and Environment Air Pollution Control Division - LAND DEVELOPMENT - III, Prevention Of Mud And Dirt Carried Out Onto Paved Surfaces. ® Prevention ® Gravel Entry Ways ❑ Washing Vehicle Wheels ❑ Other: ® Cleanup of Paved Areas Frequency: 1 Times Per Day El Street Sweeper ® Hose With Water ® Other: Laborers with brooms, scrapers, and shovels Additional Sources of Emissions List any other sources of emissions or control methods S4a/d7 egally Authorized Person (not a vendor or consultant) Date Terry L. Hurlburt Senior Vice President, Operations Name (please print) Title Check the appropriate box if you want: ❑ Copy of the Preliminary Analysis conducted by the Division ❑ To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) Send this form along with $152.90 to: Telephone: (303) 692-3150 Small Business Assi. tgpice Pro ram Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Director STATE OF COLORADO JamesBel Ritter. Jr.. Governor 8. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver. Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691.7700 Located in Glendale. Colorado http:llwww.cdphe.state.co.us June 8, 2009 Laboratory Services Division 8100 Lowry Blvd. Deriver, Colorado 80230-6928 (303) 692-3090 Terry Hurlburt, Senior VP Operations Enterprise Products Operating LLC PO Box 4324 Houston, Texas 77210 RE: Certification, for the Colorado Wastewater Discharge Permit System Permit Number: COG -070000, Facility Number: COG -073066 Dear Mr. Huriburt: Colorado D t of Public �� and Envirorunent JUN 1 5 2009 Nowa By ops Enclosed please find a copy of the Certification, which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and if you have any questions, contact me at (303) 692-3531. Sincerely, AZALK Loretta Houk Water Quality Protection Section WATER QUALLITY CONTROL DIVISION Enclosure xc: Regional Council of Government Garfield County, Local Health Department M. Kadnuck, DE Technical Services Permit File Permit Fees This certification specifically authorizes Enterprise Products Operating LLC to discharge as described below and in accordance with the General Permit for Construction Dewatering Operations. Permittee Enterprise Products Operating LLC PO Box 4324 • Houston, Texas 77210 Contact Terry Hurlburt, Senior VP Operations Phone: 713.381.6500 Site Contact Chris Gauthier, Environmental Representative Phone: 303.330.7952 Site Name. Construction Activity, and Location Jackrabbit Extension and Laterals Pipeline Project—The project includes installation of a natural gas utility line system in Garfield County, Colorado 81635. The discharge will occur at approximately Latitude: 39.519° N, Longitude: 108.177° W. Discharze Point Outfalls Description Estimated Flow Rate 001ADewatering will discharge through filter bags, sediment basin, and straw bales prior to entering Garden Gulch. Ave: 425 gpm Effluent Limitations • The discharge is to Garden Gulch, within Segment 11 g of the Lower Colorado River Sub -basin, Lower Colorado River Basin, found in the Classifications and Numeric Standards for the Lower Colorado River Basin (Regulation No. 37; last update effective January 1, 2009), Segment lig is Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 2 Cold; Recreation Class N; and Agriculture_ Permit Limitations and M. onitorine Requirements for Outfall DDIA Parameter Discharge Limitations MaximumConcentrations Monitoring Frequency Sample Type 30 -Day Average 7 -Day Average Dail Max. y Applicable to all Discharges Flow, MGD Report NA Report Weekly Instantaneous or Continuous Total Suspended Solids, mg/l 30 45 NA Weekly Grab Oil and Grease, mp/I NA NA 10* Weekly Visual* pH, s.u. (Minimum- Maximum) NA NA 6.5-9.0 Weekly In-situ Discharge Specific Parameters Total Dissolved Solids, mg/1 ** NA NA Report Monthly Grab * If a visible sheen is observed, a grab sample shall be collected and analyzed for oil and grease. * * The TDS limitation will normally apply to discharges in the Colorado River Basin. ISSUED AND EFFECTIVE: JUNE 7. 2009 EXPIRATION: NOVEMBER 30, 2011 Permit Number COG070000 Facility Number: COG073066 Page Ib Other Conditions Antidegradation Although the receiving stream is classified as Reviewable, the antidegradation review does not apply to this permit because this is a temporary discharge. Groundwater Contamination If groundwater contamination is encountered, then the pennittee is to contact the Division, the permit writer, cease all discharges, and if appropriate, contact the owner of the collection system receiving the discharge. If the dewatering can be treated to meet surface water or groundwater numeric limitations, the certification will be amended to include sampling and monitoring for additional parameters representative of the groundwater contamination. The discharge of contaminated groundwater, above surface water or groundwater standards, is not authorized under this permit. Sampling Sampling shall occur at a point after treatment, or after the implementation of any Best Management Practices (BMPs). If BMPs or treatment are not implemented, sampling shall occur where the discharge leaves control of the permittee, and prior to entering the receiving stream or prior to discharge to land. Samples must be representative of what is entering the receiving stream. Monitoring and Reporting Discharge Monitoring Reports (DMR) must be submitted monthly as long as the certification is in effect. The pennittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term, even though construction and dewatering discharge are only expected for approximately five months. For termination of permit coverage, the pennittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Best Management Practices The permittee shall implement and maintain Best Management Practices (BMP) for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options, such as: modification of the pipe discharge structure to disperse flows; containment of water by hay bales or other comparable structures; the use of geocloth, filter fabric, or plastic sheeting for protection of containment structures; rip -rap; and/or any other approved methods. The General Construction Dewatering Permit is attached and the permittee should review this permit for familiarity with all of the permit requirements. For answers to common questions surrounding construction dewatering, please review the Construction Dewatering FAQ available on our website at: http:/Iwww.cdnhe.state.co.us/wgIPennitsUnit/Industrial/CDWFAQ.pdf If the permittee has questions related to this certification that cannot be answered by a review of the permit or FAQ, the permit writer should be contacted. Permit Writer Nicole Rolfe June 5, 2009 COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et. seq. CRS,1973 as amended), and the Clean Water Act (33 U.S.C. 1251 et. seq. as amended; the "Act"), entities engaged in construction dewatering of groundwater and/or storinwater (excluding mine dewatering activities), are authorized to discharge from approved locations throughout the State of Colorado to waters of the State. Such discharges shall be in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts 1, II, and III hereo£ This permit specifically authorizes the identified entity to discharge from their wastewater treatment facilities, at the described location, to identified waters of the state, as stated in the certification which is on page one of this permit The authorization to discharge under this permit is in effect from the date of certification (page one of this permit) until the expiration date identified below. This permit becomes effective on December I, 2006, and shall expire at midnight, November 30, 2011 Reissued and signed this 5th day of June, 2408 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet Kieler, Permits Section Manager WATER QUALITY CONTROL DIVISION Permit Action Summary: Amendment #1 — Issued June 5, 2008, Effective August 1, 2008 Originally Issued November 01, 2006, Effective December 1, 2006 Revised 4/4/2008 PART Page No. 3 Permit No. COG -070000 TABLE OF CONTENTS PART I A. COVERAGE UNDER. THIS PERMIT 4 1. Eligiibility..... 4 2. Application Requirenots 4 3. Certification Reauirements 4 B. TERMS AND CONDITIONS 5 I. Effluent Parameters 5 2. Site-specific Limitations 5 3. Onetime Sampling Analvsis"for Metals „. 5 4. Onetime SamplingAnaIvsis for Organics . 5 5. OthetSite-specific Limitations 5 C. MONITORING REQUIREMENTS 5 1. Effluent Parameters 5 D. DEFINITIONS 5 E. ADDITIONAL MONITORING REQUIREMENTS ... s 6 1.tative Sana 6 2. Discharge Sampling Point 6 3. Analytical and Sampling Methods for Monitoring 6 4. Records 7 5. Additional Monitoring by Permittee 7 6. Flow Measuring Device 7 F. REPORTING ,.„ 7 1. Signatory Requirements 7 2. Quarterly Reports. ' 7 3. Special Notifications 8 PART II A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITES 9 1. Bypass 9 2. Upsets 9 3. Reduction. Loss. or Failure of Treatment Facility 9 4. Removed Substances 10 5. Minimization of Adverse Impact 10 6. Discharge Point 10 7. Inspections and Right to Entry 10 8. Duty to Provide Information 10 9. Availability of Reports 10 10. Transfer of Ownership or Control 11 B. ADDITIONAL CONDITIONS .» 1 1 1. Permit Violations I 1 2. Civil and Criminal Liability 1 I 3. State Laws 11 4. Division Emergency Power I 1 5. Severability 11 6. Oil and Hazardous Substance Liabilitv 11 7. Property Rights .„.,. 11 8. Modification, Suspension. or Revocation of Permit 11 Colorado Department of Public Health and Environment Water Quality Control Division, WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1 53 0 Attention: Industrial Permits Unit The application form can be obtained from the Division or from the website at • • he.state.cermitsUnit/landD07 i M r ODe aterin: • . • lc: !Eon. . df or by calling 303-692-3500. A summary e 'rmatton required m : app icatnon rs prov• e ow in Part .A. The Division shall have up to thirty (30) days after receipt of the application torequest additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information the Division shall have an additsonal 30 days to issue or deny authorization for any particular discharge. lithe Division determines that the operation does not fall under the authority of the general permit, then the information received will be treated as an individual permit application. Authorization to discharge under this general permit shall continence immediately and shall expire on November 30, 2011. The Division must evaluate this genaar permit at least once every five (5) years and must also recertify the applicant's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under this general permit must re -apply by May 1, 2011. The Division will determine if the licant is eligible to continue to operate under the terms of the general permit An application for an individual permit will be required for any point source discharge not reauthorized to discharge under the reissued general permit. 2. Application Requirements The application referenced in Part I.A. 1, above, will require the following information: a The name, address, and descriptive location of the operation along with an accompanying USGS map, or a reap of similar quality, which shows the location of all pertinent activities and the site boundary; b. The name of the principal in charge of operation, address, and phone number of the owner and of the field superintendent in responsible charge; c. A detailed site map that identifies all discharge points, and a schematic diagram showing the general area and/or routing of the activity; d. The name of waters receiving the discharge(s)and a listing of any downstream waters into which the receiving stream flows within Eve miles of the point of ischarge; e. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or the discharge, anticipated volume, and rate ofdischarge, and the source of water which is to be discharged; f. Description of any wastewater treatment system and recycle/reuse utilized; g. A description of the methods and equipment to be used to measure flows and to analyze for pollutants of concern in the discharge; and, h. Storage of petroleum or chemicals on site. 1. Discharge cannot be shown to be capable of causing new or increased loadings of parameters cited in Colorado's 303(d) list (http://www.cdnhe.state.co.us/regulations/wciccregs/100293wolimitedsentmdls.odf) for impairment for next receiving downstream State waters; 3. Certification Requirements The applicant must certify that the following conditions exist at the operation or the operation will not be allowed to discharge under the authority of the general permit a. This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations; b. The operation does not accept for treatment and discharge, by truck, rail, or dedicated pipeline, any hazardous waste as defined at Part 261, 6 CCR 1007-3, under the Hazardous Waste Commission Regulations; c. The certification does not allow for a mixing zone and all limits are end of pipe. Revised 9/4r2008 PARTI Page No. 5 Permit No. COCl -070000 B. TERMS AND CONDITIONS 1. Effluent Parameters In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4,) and the Colorado Discharge Permit System Regulations, Section 61.8(2), the following limitations will be applicable to all disch if Ow T. f ort r. - I ... ■ ■ JAME= MINI t (a irTT II-{ IFS . Mit fl MINIM Q 1 m Total Dissolved Solids, mg/1** ti , llf f ,. f ■ �t� ire ■� r c eta no vise s "Applicable only to waters of the Colorado River Basin. • Applicable only to waters walks control regulation for P. Applicable on a site by site basis. 2. Site-specific Limitations mmtgammi Report MIL marismon Site-specific limitations for a parameter may be added on a case-by-case basis that are equivalent to the Basic Standards and Methodologies for Surface Water, or Regulation for Effluent Limitations, or any other applicable regulation, and would be speoied in the certification along with the appropriate monitoring frequencies. 3. ' e Sa p Analysis for Metals The Division may request a onetime sampling and analysis for specific or all inclusive metals parameters on a site specific/ dischargespecific basis. The permittee will be required to submit these results to the permit writer identified on the certificatio. he Division will then review the data to determine if any certification amendments are necessary based on the effluent monitoring results. 4. Onetime Sampling Analysis for Organics The Division may request a onetime sampling and analysis for specific or all inclusive organics parameters on a site specific/ discharge specific basis. The permittee will be required to submit these results to the permit writer identified on the certification. The Division will then review the data to determine if any certification amendments are necessary based on the effluent monitoring results. 5. Other Site-specific Permit Conditions Specific perinit conditions may be added due to Division compliance order on consent, cease and desist order, or an EPA administrative order, or similar decree promulgated by the Division or EPA. C. MONITORING REOUIREMENTS 1. Effluent Parameters In order to obtain an indication of compliance or non-compliance with the effluent limitations specified in Part I, Section B.1 the permittee shall normally monitor the effluent parameters at the following required frequencies, however changes to these fr encies may be made on a site specific and/or discharge specific basis, as identified in the certification on page one of this permit, the results to be reported on the Discharge Monitoring Report ("DMR") (See Part I, Section F.2.): ow "G –To—tat Suspended Solidszmg/1 _If a,.J l�.L4F,i►7- :.•e iii •:IR:ia� i'�'�.�-e«'�¢w:=::srlr -.n Y'■=_W '"u'i`:`_ eekl tantaneous or ntuiuous Week IaeL Grab Viola l* P. .r .aau5av . w••.r..ae, vvava r uwvaa, va ryll ova all1iu U14 WAG 44)4116. GAISRLLF,' monitoring facilities. 6. "Material handling' activities" include: storage, loading and unloading of any raw material, intermediate product, finished product, byproduct, or waste product where such products could come in contact with precipitation. 7. "Seven (7) dayaverage" means the arithmetic mean of all samples collected in a seven (7) consecutive day period. Such seven (iday avengesshall be calculated for all calendar weeks, which are defined as beginning on Sunday and ending on Saturdathe calendar week overlaps two months (Le. the Sunday is in one month and the Saturday in the following month), the seven (7) day average calculated for that calendar week shall be associated with the month that contains the Saturday. Samples may not be used for more than one (1) reporting period. 8. "Significant materials" include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of SARA 111; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 9. "Stormwater discharge associated with industrial activity" means any point source which is used for collecting and conveying stormwater, and which is located at an industrial site or directly related to manufacturing, processing or raw materials storage areas at an industrial site. The term includes, but is not limited to, storinwater discharges from drainage areas in which are located: industrial site yards; immediate access roads and rail lines; drainage ponds; material handling sites; refuse sites; sites used for the application or disposal of process waters; sites used for storage and maintenance of material handling equipment, sites that are or have been used for residual treatment, storage or disposal; dust or particulate generating processes; shipping and receiving areas; manufacturing buildings; and storage areas (including tank farms) for raw materials, and intermediate and finished products. 10. "Thirty (30) day average" means the arithmetic mean of all samples collected during a thirty (30) consecutive -day period The permittee shall report the appropriate mean of all self-monitoring sample data collected during the calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one (1) reporting period. 11. "Visual" observation is observing the discharge to check for the presence of a visible sheen or floating oil. 12. "Water Quality Control Division" or "Division" means the state Water Quality Control Division as established in 25- 8-101 et al.) Additional relevant definitions are found in the Colorado Water Quality Control Act, CRS §§ 25-8-101 et seq.., the Regulations for the State Discharge Permit System, 5 CCR 1002-2, § 6.1.0 et sen and other applicable regulations. E. ADDITIONAL MONITORING REOUIREMENTS 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent oins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and approval by the Division. 2. Djcharge Sampling Point Discharge points shall be so designed or modified so that a sample of the effluent cart be obtained at a point after the final treatment process and prior to discharge to state waters. The permittee shall provide access to the Division to sample the discharge at these points. 3. Analytical and Sampling Methods for Monitoring The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and indicated pollutant -monitoring methods. Analytical and sampling methods utilized by the discharger shall be approved methods as defined by Colorado Regulations for Effluent Limitations (5 CCR 1002-3, 62.5), Federal regulations (40 CFR 136) and any other applicable State or Federal regulations. When requested in writing, the Water Quality Control Division may approve an alternative analytical procedure or any significant modification to an approved procedure. 4. Records a) The permittee shall establish and maintain records. Those records shall include, but not be limited to, the following: Revised 9/4/2008 PART s - Page No. 7 Permit No. COG -070000 (1) The date, type, exact place, and time of sampling or me.asurernents; (ii) The individual(s) who performed the sampling or measurements; (iii) The date(s) the analyses were performed; (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses. b) Thepermittee shall retain for a minimum of three (3) years records of all monitoring information, including all origmal strip chart recordings for continuous monttonng €nstrumentation, all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division. 5. Additional Monitoringby Permittee If the permittee, using the approved analytical methods, monitors any parameter more frequently than required by this permit, then the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also be indicated. 6. Flow Measuring Devices Flow measuring and metering shall be provided to give representative values of throughput and treatment of the wastewater system. Unless specifically waived in the certification, the metering device shall be equipped with a local flow indication instrument and a flow indication -recording totalization device suitable for providing permanent flow records, which should be in the plant control building. At the request of the Director of the State Water Quality Control Division, the permittee must be able to show proof of the accuracy of any flow -measuring device used in obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent of the actual flow discharging from the point source. 7. Contamination: If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not covered under this permit, the permittee shall immediately apply for a groundwater remediation certification, hits://wvyw.cdphe.State.co.us/we/PermitsUniitllandD/31000aasolinecleanuo application.pdf) which will include appropriate requirements for additional discharge monitornng and on-site environmental response capabilities? F. REPORTING I. Signatory Requirements All reports, applications, or information required for submittal shall be signed and certified for accuracy by the permittee in accord with the following criteria: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duty authorized representative, if such representative is responsible for the overall operation of the operation from which the discharge described in the form originates; b) In the case of a partnership, by a general partner, c) In the case of a sole proprietorship, by the proprietor; d) In the case of a municipal, state, or other public operation, by either a principal executive officer, ranking elected official, or other duly authorized employee. 2. Monthly Reports (i) Bypass: The intentional diversion of waste streams from any portion of a treatment facility. (i2") Severe Property Damage: 1) Substantial physical damage to property at the treatment facilities to cause them to become inoperable, or 2) substantial and permanent loss of natural resources' which can reasonably be expected to occur in the absence of a bypass. (iii) Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to be lost from the domestic wastewater treatment works as defined in the Colorado Water Quality Control Act, which may cause pollution of state waters. (iv) Upset: An exceptional incident in which there is unintentional and tem orary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b) Noncompliance Notification (i) if, for any reason, the permittee does not comply with or will be unable to comply with any maximum discharge lunitations, standards or conditions specified in this permit, the permittee shall, at a minimum, provide the Division and EPA with the following information: (1) A description of the discharge and cause of non- compliance. (2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and (3) Steps being talcen to reduce, eliminate, and prevent recurrence of the noncomplying discharge. (ii) The following instances of noncompliance shall be reported orally within twenty-four (24) hours from the time the permittee becomes aware of the circumstances, and a written report trailed within five (5) days of the time the permittee becomes aware of the circumstances. Oral notifications should be made by calling the Environmental Release and Incident Reporting Line at 877-5 l8-5608. Written reports should be sent to Colorado Department of Public Health and Environment, Water Quality Control Division, WQCD-District Engineer, 4300 Cherry Creek Drive South, Denver, CO 80246-1530, (1)Arty instance of noncompliance, which may endanger human health or the environment, regardless of he cause for the incident. (2) Any unanticipated bypass, or any upset or spill, which causes any permit limitation to be violated. (3) Any suspected significant discharges of toxic pollutants or hazardous substances, which are listed in Part III. of this permit, regardless of the cause for the incident. (iii) The permittee shall report all other instances of noncompliance, which are not required to be reported within twenty-four (24) hours, at the time DMRs are submitted, except as required in (iv) below. The reports shall contain the information listed in "Noncompliance Notification"q(paragraph (i) above). (iv) If the permittee knows in advance of the need for a bypass, it shall submit written notification to the Division of the need for such bypass at least ten days before the date of the contemplated bypass. c) Submission of Incorrect or Incomplete Information Where thepermittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, it shall promptly submit such facts or information. d) Change in Discharge or Wastewater Treatment Facility The permittee shall inform the Division (Technical Services Unit) in writing of an intent to construct, install, or alter any process, facility, or activity that is likely to result in a new or altered discharge either in terms of location or effluent quality prior to the occurrence of the new or altered discharge, and shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. Revised 9/4/2008 PART 1 Page No_ 9 Permit No. COG -070000 If the Division finds that such new or altered discharge miOht be inconsistent with the conditions of the permit, the Division shall require a new or revised permit application and shall follow the procedures specified m Colorado State Discharge Permit System Regulations, 5CCR 1002.2, Sections 61.5 through 61.9(2), and 61.15 prior to the effective date of the new or altered discharge. e) Deactivation The permittee shall notify the Division (Permits Section) within thirty (30) days before deactivation of the permitted operation. Deactivation includes ceasing operation of the facility, ceasing alt discharges to State Waters for ate remaining term of the existing permit and/or the connection to another wastewater treatment facility. PART II A. MANAGEMENT REQUIREMENTS AND RESPONSIBILITIES I. Bypass a) The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, b_.4 only if it also is for essential maintenance to assure efficient operation. Division notification is not required. b) A bypass, which causes effluent limitations to be exceeded, is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: (i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste or maintenance d normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (iii) The permittee submitted notices as required in "Non -Compliance Notification," Part I.F. 3(b) (iv) 2. Upsets a) Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based (process -related) permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action far noncompliance, is final administrative action subject to judicial review. b) Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: (i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; (ii) The permitted operation was at the time being properly operated; and (iii) The permittee submitted notice of the upset as required in Part I, Section C of this permit (24-hour notice). (iv) The permittee complied with any remedial measures required under 40 CFR. 122.7(d). c) Burden of proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 3. Reduction.Loss, or Failure of Treatment ...... 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ALL1.1.1.14 v and impact of noncompliance. 6. pischarg Point Any discharge to the waters of the State from a point source other than specifically authorized herein is prohib d. 7. inspections and Right to Entry The permittee shall allow the Division's Director, the EPA Regional Administrator, and/or their authorized representatives, upon the presentation of credentials: a) To enter upon the perrmittee'ses where a regulated facility or activity is located or in which any records are required to beunder the terms and conditions of this permit; b) At reasonable times to have access to inspect and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate any actual, suspected, or potential source of water pollution, or to ascertain compliance or noncompliance with any applicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but is not limited to the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any persons having any knowledge related to the discharge permit or alleged violation, access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge, permit, or alleged violation. d) The Division shall split samples taken by the Division during any investigation with the permittee if requested to do so by the permittee. 8. Duty to Provide Information The_pennittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. 9. Availability of Reports Except for data determined to be confidential under Section 308 of the Act and the Colorado Discharge Permit System Regulations 5 CCR 1002-2, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the EPA's Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act, and Section 254-610 C.A.S. 10. Transfer of Ownership or Control A permit may be transferred to a new permittee only upon the completion of the following: a) The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) Fee requirements of the Colorado Discharge Permit System Regulations (Section 61.15) have been met. Revised 4/4/2008 PART 11 Paget l Permit No.: COG -070000 B. ADDITIONAL CONDITIONS 1. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in; excess of that authorized shall constitute a violation of the permit. 2. Civil and CritninaiLiability Except as provided in Part I; Section C and Part II, Section A, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance (See 40 CFR 122,60) 3. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibility, liabilities, orenalties established pursuant to any applicable State Iaw or regulation under authority preserved by Section 510 of the Act. 4. pivisioil Emergency Power Nothing in this permit shall be construed to prevent or limit application of any emergency power of the Division. 5. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of arry provision of this permit in any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, orties to which the permittee is or may be subject under Section 311 (Oil -and Hazardous Substance -Liability) of the Act, except as recognized by federal law. 7. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property or stream flow or any exclusive privileges, nor does it authorize any injury to private property, any invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. - 8. Modification. Suspension. or Revocation of Permit The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. All permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 6I.8, and 61.15 except for minor modifications. Minor modifications may only correct typographical errors, require a change in the frequency of monitoring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in ownership or operational control of an activity includ' addition, deactivation or relocation of discharge points where the Division determines that noo tt ler change in the permit is necessary. a) This permit may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: C} 1IDs permit may oe moarea m wnoie or in part to mciuoe any condi nun set Lunn in LEC approval of the site location for the facility per Regulations for the Site Application Process, 5 CCR 1002-22, and Sections 22.1 through 22.14. d) At the request of a permittee? the Division may modify or terminate this permit and issue a new permit ie following conditions are met: (i) EPA's Regional Administrator has been notified ofthesed modification of termination and does not object in writing within thirty 30) days of receipt of notification; (ii) The Division finds that the permittee has shown reasonable &rounds consistent with the Federal and State statutes and regulations for such modifications or termination; (iii) Fee requirements of Section 61.15 of Colorado Discharge Permit System Regulations have been met; and (iv) Requirements of public notice have been met. e) This permit may be modified to reflect any new requirements for handling and disposal of biosolids as required by State or Federal regulations. f) This permit shall be modified or alternatively, revoked and reissued, to incorporate an approved Domestic Wastewater Treatment Works Pretreatment Program into the terms and conditions of this permit. • g) Il; during the term of this permit, industrial contributions to the DWTW are interfering, inhibiting or incompatible with the operation of the treatment works, then the permit inay be modified to require the permittee to specify, by ordinance, contract, or other enforce- able means, the type of pollutant(s) and the maximum amount which may be discharged to the permittees facility or treatment. 9. Permit Renewal Application If the permittee desires to continue to discharge; a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit, the Division must be promptly notified so that it can terminate the permit in accordance with Part II Section B.8. 10. Confidentiality Any information relating to any secretrocess, method of manufacture or production, or sales or marketing data, which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publiciy disclosed by any member, officer, or employee of the commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (10) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 11. Fees The perrnittee is required to submit an annual fee as set forth in the 1983 amendments to the Water Quality Control Act, Section 25-8-502 (1) (b), and Colorado Discharge Permit System Regulations 5CCR 1002-2 Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. Revised 4/4/2008 Volatiles acrolein acrylonitrile benzene brornofuuu carbon tetrachloride chlorobenzene chlorodibromomethane chloroethane 2-chloroethylvinyl ether chloroform dichlorobromomethane 1,1-dichlorethane 1,2-dichlorethane 1,1-dichiorethylene 1,2-dichlorpropane 1,3-dichlorpropylene ethylbenzene methyl bromide methyl chloride methylene chloride 1,1,2,2 -tetrachloroethane tetrachloroethylene toluene 1,2-trans-dichloroethylene 1,1,1 •trichloroethane 1,1,2 -trichloroethane trichloroethylene vinyl chloride PART III PRIORITY POLLUTANTS AND HAZARDOUS SUBSTANCES ORGANIC TOXIC POLLUTANTS IN EACH OF FOUR FRACTIONS IN ANALYSIS BY GAS CHROMATOGRAPHY/MASS SPECTROSCOPY (GC/MS) (SEE TABLE II, OF 40 CFR 122 APPENDIX D) Base/Neutral Acid Compounds acenaphthene 2 -chlorophenol acenaphthylene 2,4-dichlorophenol anthracene 2,4, -dimethylphenol benzidine 4,6-dinitro-o-cresol benzo(a)anthracene 2,4-dinitrophenol benzo(a)pyrene 2-nitrophenol 3,4-benzofluoranthene 4-nilrophenol benzo(ghijperylene p -chloro -m -cresol benzo(k) uoranthene pentachlorophenol bis 2-chloroethoxy)methane phenol bis-chloroethyl)ether 2,4,5 -trichlorophenol b' 2--chloroiissoyp}roopyl)ether 4 s bromo h l l� b palete p aHyl ether buty lbenzyl phthalate 2-chloronaphthalene 4-chlorophenyl phenyl ether chrysene dibera,h)anthracene 1,2 -dichlorobenzene 1,3 -dichlorobenzene 1,4 -dichlorobenzene 3,3-dichlorobenzidine diethyl phthalate dimethyl phthalate din -butyl phthalate 2,4-dinitrotoluerie 2,6-dinitrotoluene di-n-octyl phthalate 1 2-diphenylhydrazine (as azobenzene) £luorene fluoranthene hexachlorobenzene hexachlorobutadiene hexachlorcyclopentadiene hexachloroethaae indeno(1,2,3-cd)pyrene isophorone naphthalene nitrobenzene N-nitrosodinlethylamine N-nitrosadi-n-prrooppylamine N-nitrosodiphenylamine phenanthrene pyrene I,294trichlorobenzene OTHER TOXIC POLLUTANTS (METALS AND CYANIDE) AND TOTAL PHENOLS (SEE TABLE III, OF 40 CFR 122 APPENDIX D) Antimony, Total Arsenic, Total Beryllium. Total Part III Page 13 Permit No. COG -070000 P drin isl al alpha BHC beta -BHC g delBHC -BHC chlordane 4,4' -DDT 4,4' -DDE 4,4' -DDD dieldrin alpha-endosulfan beta-endosulfan endosulfan sulfate endrin endrin aldehyde heptachlor } tachlor epoxide PCB -1242 PCB -1254 PCB -1221 PCB -1232 PCB -1248 PCB -1260 PCB -1016 toxaphene Allyl chloride Amyl acetate Aniline l3enzonitrile Butyl las totreide B tyllamine CCarbaryl Carbo an Carbon disulfide Chlorpyrifos Coumaphos Cresol Crotonaldehyde Cyclohexane 2,4-D(2,4-Dichlorophenoxy acetic acid) Diazinon Dicamba Dichlobenil Dichione 2,2-Dichloropropionic acid Dichlorvos Diethyl amine Dimethyl amine Dinitrobenzene Diquat Disulfoton Diuron Epichlorohydrin Ethanolamine Ethion Ethylene diamine Ethylene dibromide Formaldehyde FurfurGuthion Revised 9/412008 Kelthane Kepone Malathion Mercaptodimethur Methoxychlor Methyl mercaptan Methyl methacrylate Methyl parathion Mexacarbate Monoethyl amine Monomethyl amine Naled Napthenic acid Nitrotoluene Parathion Phenolsulfanate Phosgene Propargite Propylene oxide Pyrethrins Quinoline Resorcinol Strontium Strychnine Styrene TDE (Tetrachlorodr henylethane) 2,4,5-T (2,4,5-Trichlorophenoxy acetic acid) 2,4,5 -TP [2-(2,4,5-Trichlorophenoxy) propanoic acid] Trichloro!an Triethylamine Trimethylamine Uranium Vandium Vinyl Acetate Xylene Xyl Zirconium COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 1S, Permit No. COG -070000 RATIONALE for AMENDMENT I CDPS GENERAL PERMIT FOR CONSTRUCTION DEWATERING ACTIVITIES CDPS NO COG -070000, STATEWIDE COVERAGE Update (April 2008) This is the first amendment of the general permit for wastewater associated with construction dewatering which discharge to waters of the State. The most signcant changes in this renewal are summarized below. A. The ability of the Division to request a onetime sampling analysis for metals, as well as organics, has been added The permit writer may request the additional monitoring if information about the facility indicates the potential for groundwater contamination. The Division will review the results of the requested sampling to determine if additional parameters need to be added for permit limitations and monitoring in the certification. Should contamination be detected based on the sampling results, the permittee will be required to instigate remedial activities to become compliant with all relevant stream standards for all parameters and may be required to apply for a Groundwater Remediation Permit. COG -315000. Discharge of contaminated groundwater is not covered under this permit. B. The monitoring frequency of total suspended solids has been changed from monthly to weekly and the monitoring frequency of total dissolved solids from weekly to monthly. C The ability of the Division to change the monitoring frequencies of the specified effluent limitations has been added The monitoring frequency may be changed based on site specific and/or discharge specific basis. PUBLIC NOTICE COMMENTS No Comments were received during the Public Notice Period. Maura McGovern April 9, 2008 !'Iaura McGovern June 5, 2008 Enterprise Products` ENTERPRISE PRODUCTS PARTNERS LP ENTERPRISE PRODUCTS GP LLC, GENERAL PARTNER ENTERPRISE PRODUCTS OPERATING LLC ENTERPRISE PRODUCTS OLPGP, INC., SOLE MANAGER May 22, 2009 Federal Express Colorado Department of Public Health and Environment Water Quality Control Division Permits and Enforcement Section WQCD-PE_B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 RE: CDPS Permit Application Jackrabbit Extension and Laterals Pipeline Garfield County, Colorado Dear Ms. Morgan: Enterprise Products Operating, LLC (Enterprise) is requesting a permit to discharge groundwater that may be present during the construction of a natural gas pipeline system. The permit would be applicable to activities relating to the dewatering of the Jackrabbit Extension and Laterals Pipeline Project located in Garfield County, Colorado. A dewatering event is not anticipated during the construction of this project. As a precautionary measure, Enterprise is applying for a permit should groundwater occur within the pipeline trench during construction. Items 5 and 6 on the application request an expected dewatering location; a center mark was established were the pipeline intersects a jurisdictionalwetland, a probable place of groundwater infiltration should it occur. Construction of the pipeline in this area will follow United States Army Corps of Engineers (USACE) Nationwide Permit No. 12 (NWP12) guidelines and requisites. In the event that dewatering of ground water is necessary, pipeline construction contractors will implement best management practices (BMPs) and all CDPHE protocol will be adhered to in an expedient and professional manner. BMP installation will occur as follows: • Water will be pumped from the trench downhill into sagebrushiserviceberry vegetation • Initial discharge is to occur into sediment bags, • Sediment bags will be contained within over -sized earthen sediment basins, ,nouio you nave any questions or neea aaaitionai information, please contact Mr. Unris uautltxer, our area environmental representative at 303-330-7952 or me directly at 713-381-6595. Sincerely, Enterprise Products Operating LLC Enterprise Products OLPGP, Inc. sole manager Mary t-He1 t Director, Field Compliance /sjn enclosures cc: Chris Gauthier Ryan Lunsford Maurice Foye, HRL Compliance Solutions Inc. ALL APPLICANTS MUST FOLLOW THE ATTACHED INSTRUCTIONS FOR COMPLETION OF THIS FORM Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and the application returned. Processing of the application will not begin until all information is received. Please refer to the instructions for information about the required items. Original signatures are required for item 14. GENERAL INFORMATION 1. Name and address of permit applicant (Legal representative must sign application): Name Enterprise Products Operating LLC Mailing Address P.O. Box 4324 City, State and Zip Coil-. Houston . TX 77210 Who is applying for the permit? Property Owner ❑ Contractor/Operator X❑ Contact Terry L . Hurlburt Title PhoneNumber(713) 381-6500 Senior VP, Operations Email Address 2. Name and address of the property owner if operator/contractor is applying for the permit: Name Chevron, POC, Craig Tysse MailingAddress 760 Horizon Drive #401, City, State and Zip Code Grand , 13nnr i on . f O 81506 Phone Number (970) 285-9722 Email Address Not Applicable 3. When will dewatering begin? 06/09 Estimate how long dewatering will last: Years 0 Months 5 4. Type of activity e.g., highway bridge and tumnel construction, storm drain expansion, etc. and a description of activities being performed, including construction schedule and months of operation. Specify source(s) of wastewater to be discharged (i.e.well, foundation excavation, trenching, etc). Installation of a natural gas Utility line system (see attached letter and map for description) 6. Latitude/Longitude: List the latitude and longitude for each discharge location (outfall). Use decimal degree format: If the exact discharge location is not known, list the latitude and longitude of the center point of the construction project. 001 A Latitude 3 9. 5 1 9° N Longitude 1 0 8. 1 7 7° W. (e.g., 39.703°,104.933°') degrees (to 3 decimal places) degrees (too 3 decimal places) 002A Latitude A_._. Longitude Na,_ (e.g.,39.703°,I04.933°') degrees (to 3 decimal places) degrees (to 3 decimal places) 7. Will the discharge go to a ditch? YES D NO 0 • If YES, in table 9 include the name of the ultimate receiving waters where the ditch discharges. • If YES, submit documentation that the owner of the ditch allows this discharge. No certification will be processed unless documentation of approval is received. 8. Will the discharge go to a storm sewer? YES 0 NO ■ If YES, in table 9 include the name of the ultimate receiving waters where the storm sewer discharges. ■ If YES, applicant must contact (prior to discharging) the owner of the storm sewer system to verify local ordinances and any additional requirements. 9. Discharge Information: In the table below, include the following information for the discharge: (SEE INSTRUCTIONS) • Include the number of discharge points (outfalls). • Include the name of the receiving stream(s). • Include the approximate location of the discharge (e.g. "discharge will occur between 5`h Avenue and 20th Avenue", or "the discharge will enter the storm sewer located at the corner of Speer Blvd and 8'h Ave., which eventually flows to Cherry Creek" • Include the estimated flow of the discharge; this can be based on pump capacity or other applicable measure. OUTFALL NUMBER RECEIVING STREAM(s) APPROXIMATE LOCATION OF DISCHARGE ESIMATED FLOW RATE (e.g., pump capacity) 1101A }arden. Gulch 39.519862°N / 108.176327°W 425 GPM 002A HNot applicable Not applicable Not applicable Sampling and Reporting Requirements: Sampling must occur at every end -of -pipe dewatering location (after going through your choice of BMP, if necessary), as required in the Construction Dewatering permit. Discharge Monitoring Reports (DMRs) must be submitted to the Division monthly. The sampling results must be maintained on the construction site. I0. A location map designating the location of the construction site and the discharge(s) to the receiving water(s) listed in Item 8. A north arrow shall be shown. This map must be on paper 8 '/z x I I inches. 5 11. A Legible sketch of the site shall be submitted and include the location of end of pipe dewatering discharge at the site (e.g. where the flow will be discharged from the pump or BMP), the BMP(s) that will be used to treat the discharge(s), and the sampling location(s). Refer to the instructions for additional guidance specific to sites with multiple potential dewatering locations. This map must be on paper S'/x x II inches. Best Management Practices (BMP)—The implementation of one or more BMPs will typically be needed to comply with the requirements of the permit. If the discharge water isn't visibly clear or when dewatering re- suspends sediments BMPs must be used. Common structural BMP(s) include, but are not limited to: Desilting I Basins, Sediment Traps, Weir Tanks (Baker Tank), Dewatering Tanks, Cartridge Filters, and Gravity Bag Filters. Depending on the size of the particles present in the dewatering discharge one or a combination of different types of r BMPs may be needed. ADDITIONAL INFORMATION 12. Potential Groundwater Contamination: a. Is this operation located within one mile of a landfill, abandoned landfill or any mine or mill tailings? YES ❑ NO 0 b. Has the dewatering discharge been analyzed for any parameters (pH, Total Suspended Solids, Oil and Grease, etc.)? YES ❑ NO 0 If YES, please attach a copy of the sampling results. c. Has the dewatering area been checked for possible groundwater contamination, such as plumes from leaking underground storage tanks, etc (SEE INSTRUCTIONS)? YES ❑ NO 0 If YES, show location of the landfill, tailings, or possible groundwater contamination on the location snap (11) or general sketch map (12). Explain the location, extent of contamination, and possible effect on the groundwater pumping from this facility. Attach a copy of the sampling results. Note: Contact Water Quality Control Division for the proper water chemistry parameters to report. 13. Does the applicant have a Stormwater Permit for Construction Activities? YES X❑ NO ❑ PENDING❑ If Yes, Stormwater Construction Permit Number COR- 03D7 3 3 Note to the applicant: Upon review of the application, the Division may request additional discharge information, or analysis of certain parameters once the application has been reviewed. If the Division requests a representative analysis of the water which will be discharged, the application processing time may be lengthened. 14. Signature of permit applicant: "1 certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the informatio penaltie e; ern ahtrn or submitti s true, accurate and complete. I am aware that there are significant false info luding the possibility of fine or imprisonment. r1.J+P BMP Location Sketch, Figure 1. North 11/4 Location Lat. 39.519° Long. -108.177° ,Jurisdictional Waters Sediment bag Earthen Berm Pump Flow Direction M•.MM• Strawbale Barrier Possible Groundwater Pipeline Trench i rr i i l i Flow Direction STAI E OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic & Safety Section 222 South 6th Street. Room 100 Grand Junction, Colorado 81501 (970) 248-7230 April 13, 2007 Brenda Linster Herndon Encana Oil and Gas USA Inc. 2717 CR 215, Suite 100 Parachute, CO 81536 RE: State Highway Access Permit No. 307041, Located on Highway 006, Milepost 67.7, in County Garfield Dear Permittee or Applicant: Enclosed is your Notice to Proceed for the above stated access permit. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from the date of issue if not under construction or complete. Your permit will expire on April 13. 2008. Access Permits may be extended in accordance with Section 2.3(11)(3), of the Access Code. Please contact me if you want to extend your permit. You must obtain a new Notice to Proceed following the suspension of work through the winter (1st of November — end of March). • You shall notify the C.D.O.T. Inspector, Rodney Gramham, in Parachute, at (970) 283-5544 at least 48 hours prior to commencing construction within the State Highway right-of-way. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 -days from initiation. • You must contact the C.D.O.T. Inspector listed above upon completion of the access construction to request a final inspection prior to any use as allowed by this permit. • All materials and construction shall be completed in accordance with all applicable Department Standards and Specifications, and constructed in conformance with 2 CCR 601-1, State Highway Access Code, including any additional terms and conditions of the issued permit. • A fully endorsed copy of the issued Access Permit and Notice to Proceed shall be available for review at the construction site during construction. If you have any questions, or need more information, please contact me at the above numbers. Sincerely, 8191 E Kaiser Boulevard 2717 CR.215, Suite 100 Anaheim, CA 92808 Parachute, CO 81536 The permittee is hereby authorized to proceed with access construction within state accordance with the above referenced 9.ate Highway Access Permit and this Notice to Proceed. This Notice to Proceed isvalid only if the referenced Access Permit has not expired. one year from date of issue if not under construction, or completed. Access Permits may be with Section 2.3(11)(d), of the Access Code. Adequate advance waning is required at all times during access construction, in conformance Manual on Uniform Traffic Control Devices for 3reets and Highways All construction shall be completed in an expeditious and safe manner and shall be from initiation. The permittee or applicant shall notify the Department prior to commencing on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the highway right-of-way in Access Permits expire extended in accordance with the finished within 45 days construction as indicated construction Ste. This Notice to Proceed is conditional. The following items shall be addressed prior to or during appropriate. construction as r0414. 0 ' 4M tiL.2 Vba a Municipality or County Approval (When the appropriate local authority retains issuing authority) By Title i Date This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By 'nue Date Copy d atribution: P quired: 1. Region (original) 2. Applicant 3. Sarr Acmes Section Make copies as neoessary for: Locale Authority Inspector Brad Brophy MTGE Patrol Traffic Engineer 09-2 Dave Jackson Form 1265 5/98, 6/99 TRAFFIC CONTROL PLAN REV. NO: NUMBER: DATE: SHEET: OF; CDOT Access PermiL t•io. 3670`/J Notice -to Proceed Speci ications-Exhib t B In accordance with Au-...! ss Permit Terms and ConditOns, these sp,:,,,::::anions and special pro- visions were sub- .:. _ed to CDOT by the Applice nts Engineer c» Record. The Permttee shall complete all construction in accordance with these specifications and special provisions - and associate~" rilrarlF rr. 7t41ibi• Al fVILIEPOBT 07.7 COOT Access iitNo.30 7 Notice to Proceeu Specifications -Exhibit B In accordance with Accsss Permit Terms and Conditions, these sptyilications and special pro- tiriainne urnre ol,h+'+olarl In I fl1W by 4ha ;;:Appiicanrs Engines: of Record. The Permittee shall comall construction in accordance With 1 spccif ations and special provisions- /a .a tom: ssociated r'li: :: (Ni i r, _.`•; !'i�,1it A) 044 01-60 Sa71..I0 i.00 ]0 PC 1, + y0 EVCE: 5069.85 `s_ Finished Grade rg Ground J ,� ,e3.wm Yi R .. 11 91� el .- *.us p 4 0 - p 1+00 1+60 2+00 1'-50' VERTICAL SCALE: 1• = 10' RLINE PROFILE 2+50 TYP1CAL APPROACH SEXTON ,ror ro sags TYPICAL CROSS SECTION ATME,I Siffitta2030 SURVEYING PhonpNo. (907)706a546 E7OU APPROACH NOTES 1. A MNNIMUM OF 1' OF EXISTING ASPHALT SHALL BE SAW CUT AWAY FROM THE EDGE OF THE ROADWAY INHERE THE ACCESS PAVEMENT 15 TO ABUT AGAINST THE EXISTING PAVEMENT. 2..COMPAC11ON OF SUBGRADO EMOANKMENT, AND BACKFILL SHALL COMPLY WITH SECTION 203.08 OF THE COLORADO HIGHWAY STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. 3. CLASS 3 SUB -BASE SHALL BE COMPACTED IN 6" LIFTS. 9. CLASS 6 AGGREGATE BASE COURSE SHALL BE COMPACTED IN TWO 4 -INCH LIFTS. 5. HOT MIX ASPHALT SHALL CONFORM TO SECTION 403 OF THE COLORADO HIGHWAY STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. THE HMA SHALL BE GRADING SK OR GRADING 5 AND SHALL 8E PLACED AND COMPACTED IN TWO 2 -INCH LIFTS. ENGINEERS CERTIFICATION I, Jahn 0. Vnsey, cantly that this design was cornpleled under my direct supervision. Map Showing EnCana Oil & Gas (USA) inc. E7OU Highway Approach SW1/4 NE1/4 of Section 6, T8S, R96W, Mb P.M. GARFIELD COUNTY, COLORADO ` Scale: As Shown SHEET' 1 OF 1 Nei 07-04-33 , „yo: March 2007 Da Ramon Date 4/02107 rCOLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT . q/' v:/07 Permit fee $100.00 Date of transmittal 3/24/2007 CDQT Pemut No. 307041 Stale Highway No/hip/Side 006 M / 67.700 / L Region/SectioniPetcoi 3 / 02 /09-2 Neve Jackson Local Jurisdiction Garfield County The Permitlee(s): Applicant: Ref No.: 07-027 Specialty Restaurants Encana Oil and Gas USA Inc. Dennis Stahl Brenda Linster Herndon 8191 E Kaiser Boulevard 2717 CR 215, Suite 100 Anaheim, CA 92808 Parachute, CO 81536 970-984-3720 970-285-2608 is hereby granted pemtission to have an access to the state highway at the location noted below. The access shalt be constructed. maintained and used in accordance wan this peem& including the State Highway Access Code and any attachments. terms. puncheons and exhibits. This permit may be revoked by the issuing autho fy if at any time the permitted access and its use violate any pans of his permit. The issuing; authority. the Department and their duly appointed agents and employees shall be hall harmless against any action fa personal injury or property damage austained by reason or the exercise of the permit. Location' Located on the south side of Hwy 006M, a distance of 1 584 feet yxaet of MP 68. 1 Access to Provide Service to: (Land Use mac:) (Size or Count) (Units) 995 - Temporary Drilling Operation 20 DHV 170 -Gas Weil Mainenance 10 DHV Other terms and conditions: MUNICIPALITY OR COUNTY APPROVAL. Required only when the appropriate local authority retains issuing authority. By (x) Date Tine Upon the signing of this permit the permittee agrees table terms and conditions and herein. All construction shall be completed in an expeditious and safe manner and Initiation. The permitted access shall be completed in accordance with the temas and being used. The permittee shaft notify Brad Brophy with the Colorado Department referenced attachments contained shall be finished within 45 days from conditions of the permit prior to of Transportation, telephone the State Highway right-of-way. the permitted accent and have rutl authority to nbr. (970) 248-7360 at least 48 hours prior to commencing construction within or legal representative of the property served by The person sighing as the penmen's must be the owner accept the permp and its teams and °andirons. Pasmtttee Sign re (x) kIA-r Date r yr( Permittee Printed . ,4`1/1 I/+LLICerT This permit is not valid until signed by a duly authorized representative of the Department. COLOADO DEPARTMENT OF TRANSPORTATION Sv /I, /i i Z7 1 Hate(olissue) € T'de 4 .41. _ _ ... of the State Highway Access Cade. These are provided for your convenience sections of the Access Coda. A copy of the Stale Highway Access Code Is ty (local government) or the Ce1orado Department of Transportation sued, the Issuing authority made its decision based in part on Inlomtalion SS category which is assigned to the highway, what alternative access to other id safety and design standards. Changes In use or design not approved by the re the revocation or suspension of the permit. . object to the denial of a permit application by he Department or object to any aced (here by the Department, the applicant and permktee (appellant) have a aportation) Commission (or Colorado). To appeal a derision, Submit a request *dation Commission of Colorado within 60 days of transmittal of notice of )natum. Submit the request to the Transportation Commission of Colorado, ;ororado 80222-3400. The request shall Include reasons for the appeal and ditions that would be acceptable 101ho permittee or applicant. srmittee of action by a local lashing authority shalt be flied with the local Beal procedures of the local authority. dnistrative hearing. the appellant has the option of inducting within the appeal a Cs internal administrative review committee pursuant to (Coda) subsection 2.10. sted,•processing et the appeal for formal administrative hearing, 2.9(5) and (6). notifies the Commission to proceed with the administrative hearing, or the mission or the administrative law judge to withdraw the appeal. The two rdmiuistralive review committee, and the administrative hearing, may not run NIS, meetings, administrative reviews or negotiations with the Department or the se regarding revisions or objections to the permit or a denial, if the permittee or nenrs decision to the Commission for a hearing, the appeal must be brought to ;metal of notice of denial or transmittal of the permit. ared If the access Is not under const ud ion within one year of the panni) Issue hodxed extension. When the permittee Is unable lo commence constructioh ate, the permittee may request a one year extension from the Issuing authority. may be granted ruder any circumstances. If the access Is not under le ceases the permit vet be considered expired. My request for an extension Issuing authority before the permit expires. The request should state the y, when construction is anUclpated, and include a copy of page 1 (face of approvals Shall be In writing. The local Issuing authority shall obtain the the approval of an extension. and shall notify the Department of all denied • wishing to reestablish en access permit that has expired may begin again with d Notice to Proceed. aufomaticady renews the access pmt for the period or a Notice to Proceed is approved. (Code subsection 2.4) Id Its appurtenances as required by the terms and conditions of the permit shalt mince except as provided In subsection 2.14. All medalists used in the )hway right-of-way or on permanent easements, become public propeiy. Any theof-way will be disposed of only es duetted by the Department. All fencing, ler equipment and materials removed In the course of access construction shall twlse instructed by the permit or the Department inspector. victual or the office specified on the permit or Notice to Proceed et least two YI[hin slate highway right-of-way. Construction of the access shall not proceed tics to Proceed are issued. The access shall be completed in an expeditious Whin 45 days from initiation or construction within the highway right -01 -way. A ed 30 working days may be requested from the individual or office aperified on rartmenl may'nspect the access during construction and upon completion of conditions of the permit are met. Inspectors are euthorited to enforce the non and 10 halt any activities within slate right -el -way that do riot comply with with concurrent highway construction or maintenance work, that endanger ources prnteded by raw. or the health and safely of workers or the pudic. Prior to using the access. the permittee is required to complete the construction according to the terms and Com:Mons of the permit. Failure by the permittee to abide by all permit terms and condldons shall be sufficient cause for the Department or Issuing authority to Initials action to suspend or revoke the permit end dose the access. If in the determination of the Department or issuing authority the failure lo comply with or complete the construction requirements of the permit create a highway safety hazard. such shall be autftdent cause for the summary sespenslon of the permit. If the pennlltee wishes to use the access prior to completion, arrangements must be approved by the Issuing authority and Deparenent and Included In the permit. The Department or issuing authority may order a hall to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or Improvement of the access may be required when the eternities has relied lo meet required specifications of design or materials. If any cdutnulon element fails within two years due to improper construction or material spscihcations. the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of tile permit and closure of the access. 6. The pemrittoe shall p1ovida construction traffic control devices al ell times during access construction. in ounlornance with the M.U.T.C.D. as required by section 42.4.104, C.R.S., as emended 7. A utility perm) shall be obtained for any OW work Within highway right-ol-way. Where necessary to remove. relocate, or repair a traffic control device or public or private utitlees for the construction of a permitted access. the relocation. removal or repair shall be accomplished by the warrantee Without cost le the Department or issuing authority, end at the direction of the Department or utility company. Any damage In the slate highway or other public right-of-way beyond that which is allowed In the permit shall be repaired Immediately. The permiltg° is responsible for the repair of any utility damaged In the course of access construction, reconstruction or repair, 8. In Ilia event it becomes necessary to remove any right-of-way fence, the posts on either side of the access Shag be securely (traced with an approved end post before the fence le cut to prevent any stacking of the remaining fence. All poste and wire removed are Department properly and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction see et all times. The permit may require the contractor to notify the Individual or office specified on the permit at any specified phases In construdlon to allow the field inspector to Inspect various aspects of construction such as concrete forms, subbase. base course compaction, and materials specifications. Mintz changes and additions may be ordered by the Department or Weal authority field Inspector to meat unanticipated site conditions. 10. Each access shad be constructed in e manner that shall not cause water to enter onto the roadway or shoulder, and shell not interfere MU" the .,dating drainage system on the nghl-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, Indemnify, and hold harmless to the extent allowed by law, the issuing authority. the Department, its officers, and employees from sults, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permlttee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. 11 le the responsibility of the property owner and permittee to ensure that the use of the access to the property Is not In violation of the Code. permit terms and conditions or the AcL The terms and =deigns o1 any permit aro binding upon all assigns. succeuorS•in-interest, heirs and occupants. ireny signiecenl changes are made or will be made In the use of the property which will affect access operation, traffic volume and or vehicle type, the permitter) or property owner shad contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an aooess is Constructed or used In vitiation of the Code, section 43.2.147(5)4c). C.R S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and Immediately order closure of the access when its continued use presents an Immediate threat to public health, welfare or safety. Summery suspension shall comply with anlde 4 of bee 24, C.R.S. MAINTENANCE 1. The perrnIItee. his or her heirs. successooein•interest, assigns, and occupants of the property serviced by the access shad be responsible for meeting the terms and conditions of the permit. the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access In the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage syslam. However, the permittee Is responsible for the repair and replacement of any actess•refaled culverts wethin the tight-oeway. Within incorporated areas, drainage responsihllities for municipalities ere determined by statute and local ordinance. The Department w111 maintain the roadway Including auxiliary lanes and shoulders, except in dose cases where the access installation has failed due to improper access construction andfor failure to fellow permit requirements and specifications in which case the pemiiOee shall be responsible for such repair. Any significant repairs such as culvert replacement. resurfacing. or changes in design or specifications, requires authorization from the Department. STATE HIGHWAY ACCESS PERMIT 307041 Located on Highway 006M near RP 67.7 Right Issued to Specialty Restaurants TERMS AND CONDITIONS March 24, 2007 1. This access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. The temporary portion of this access permit (Temporary Drilling. Operation) will expire 3/24108, following the expiration this access will .serve as a Gas Wel! Mainenance access. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This access shall be constructed 24-30 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 50 foot, whichever is greater. The turning radius shall be measured from the white line on the Hwy to the edge of the driveway. 3. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the driveway. The driveway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 4. Materials, Placing and Compaction of Driveway: Unless the applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction. As a minimum the materials for this driveway shall include; Sub -base: class 3 gravel placed in 6 inch lifts. Base: 8 inches of class 6 gravel in two 4 -inch lifts, Surface: 4 inches of pavement in two 2 inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 5. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 6. A 24 -inch minimum culvert with protective end treatments shall be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 7. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Pian shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 8. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 9. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 10. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 12. AU workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 13. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 14. The permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesionSupportl, then click on Design Bulletins. 15. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with STATE HIGHWAY ACCESS PERMIT 307041 Located on Highway 006M near RP 67.7 Right Issued to Specialty Restaurants TERMS AND CONDITIONS (cont.) March 24, 2007 the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 16. It shall be the responsibility of the Permittee to maintain adequate site distance for this driveway. Trimming of vegetation or trees to maintain adequate site distance is the sole responsibility of the permittee. 17. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 18. During access construction no construction personnel vehicles will be permitted to park in the state highway right-of-way. 19. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 20. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance is found in the M & S Standards Plan No. M-208-1. 21. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 22. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 23. The access shall be completed in an expeditious and safe manner and she be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 24. All costs associated with any type of utility work will be at the sole responsibility and cost of the permittee and at no cost to CDOT. 25. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 26. Upon the completion of the access and prior to any use as allowed by this permit, the applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed 07/28/79E3 15:29 970525952' G& CO ; aD BRIDGE PGE 02/05 Garfield County Apsjiatio for Drivera Permit Person Obtaining Permit: Encana Oil and Gcs(US4). Inc. ?emirNumber: GRECS-D-77 Application Dote: 7/211l2008 Terrni..ation Dote: 812&2008 County Road ? 'urr,bcr: 300 District: Silt inspector: Bax GarJ. rt iterehy requests pertniseor and atrbv' ity from the Board of County Co:ttrtimioners to construct a driveway spp' oath (cs1 on the right-of-way off of Cody Road, 300112O01t South of CR 3901 Hwy B & 24. located m tic Fest Sitio of toad for the purpose of obtaining access to psopetty. Applicant submits herewith for the consideration and approval of the Bond of County CommissiDoors, a sketch of the proposed installatiort showmg all the necessatyapecifrtioza. Betas) ineluding: 1, Frontage of tot along read. 2. Distance from centerline cf road to prosy ;ate. 's. :',,hanhcr r; chive -ways requested i. titt'idt2 ort:rt:posed driveways aro angle ofapp urseb. 5. Distance from driveway to read intersection, +.f any. 6.. Sint and IF have of arca seprratingti:is-tars if mow that o17e apprcach 7. Setback distmee of btttlding(s) and other structure improvements. "... 8. Nc t.u3oat'itlg orf cgarprnew on county mad, any danssgc caused to county ;oad vriU bc•:epeired at st bdititsten expcssc, 9. Resp onsbte fcr two years Eom the date of cm p]euvn. f:eo4ral Provisions I.) The applicant t'Iprescrt *II prtit:s in 1 er e$t. and affirm that the etrives;ay approac:: (es) is to Ise eanstrurcd by him for the bon .fide purpose of securing access to his property and not `or the putpo .e of doing business or scrvic.cg vehicles vn L�Ic:ori right Of way. 2) The applicant shall furnish ail taloa- and matena.ls. perfcrrn all work, and pay all costs set connection with the construction of the driveway(s). A:1 work si•.a11 be completed within thirty (30) days of the permit date. 3) The tyre e errersuctiort shalt be es designated andror approved by the Board of County Commissioners or Nett representative and all materials used ;;ball be of satisfactory quality and subject to mspec1Q i and approval of the Boa:d of County Commission= or their represcnta e. The nave/ing public sha;l be ;.stetted during the inzti1ation with proper warnsnt, six s and signals and the Board of CcLMty Cornrricsiotiar$ and heir duly appointed agcr.s and employee dealt be held harmless ag: inst a.^.y s: tine for per oral injury or property damage sustained by any reason of the exercise of the Pc n:r, 8) Pro+•osions and spexifientions outlined herein shall apply on aa cauls uidtr the jurisdiction of the Beard of County Commissioners of Garfield County. Coloraib, and the Specdientinns, se; forth en 0-e .11tactred hereof =id incorporated hero n u conditions hereof. 9) Final inspection of driveway will he required upon rompletioe and mast be approved by prrsea issuing permit or representative o[ person issuing permit. The inspection end sign off mast be done prior to any CO from the Building and Planning Department being issued. tt3) Coatrnete r agrees to all Provisions in Exhibit A. Special Conditions: 1. Drivrrwsty Widlb- 300 2. Culvert rxgttired? True Size: 13 inch by 10011 3. Asphalt or concrete pad required? Trot Sire of purl: 1000 wide x ZOit Jong x 4 in thick • 4. Gravel portion required?Tree Length:100ft 9. Trees, brush urdtor fence need to be reasoyed for visibility? True G. Distance 2 Dirertioa:As. needed for safety and risibility 7. Certified Traffic Control Required? Trot 8. Work Dane ai ni required? True 9. Stop sign required rd entrance to County Rd :n signing :his application and upon =diving authorization and permission to install the driveway approach (es) described herein the Appears: sign; ;c' thatbc.ha read, understands znd accepts the foregoing provisitmc and condition: audile to construct tA; erivcway(s) in accordance with the accompanying spceilication pian rc wicwad ere approved by tbe Boars! of County Commissioners. Signed: ,r. (??c r fna' nonan 011 and as( U A Addreas-:_ 7J 7 G, ,l.."1 7M 7 co_ 67/5 3S Telephone lumber: q7G _ yy' 96? 50 Permit granted 7/.211/20108. subject to the provisions, specifications stud conditions stipulated herein. For Board of Cet:r{yCommissioners' orr ked County, Cticrado• Repremtstivc of G5.'id Cevhiy Road and Bridge: Sigri:.tutc r1 .^.P: n 1 A7 Jnr Specifications 1. A driveway approach is understood to be that portion of tate county road right -or way between the pavement edge and the property line that is designed and used for the interchange or traffic between the roadway and abutting property. 2. At any intersection, a driveway shall be restricted frr a sufficient distance frori the intersection to preserve the normal and safe rnovement of traffic. (it is recommended for rural residence ent: ances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided) 3. All entrances and exits shalt he so located arid constructed that vehicles approaching or using; thein will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion o`'the county road right-of-way. 3. Generally, no more than one approach shall be allowed any parcel or property the f: ontage of which is less than one hundred (100) feet.. Additional entrances or exits for parcels having a frontage in excess of one hundred 1110) feet shalt be permitted only after showing of actual convenience and necessity. G. All driveways shall he so located that the flared portion adjacent to the traveled way will not encroach upon adjoining; property. 7. No commercial driveway shall have a width greater than thirty (30) :'ect remeasured at right angles to the centerline of the driveway except its increased by permissible radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline oldie county road and of a:ny angle between ninety (90) degrees need sixty (i 0) degrees but shall rtut be less than sixty (60) degrees. Adjusunent will be mads according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited_ Commercial establishments for customer vehicles should provide off -the -road parking facilities. 10, The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge, Approach grades are restricted to not more than ten percent (101%). I. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county toad. The Applicant will be required to provide, at his own expense, drainage st:.cctwrs at entrances and exits, which will become an integral part of thc existing drainage system. The Board of County Commissioners or Ihcir repro:.entative, prior to installation. must approve the dimensions and typos of all drainage structures. riNr/SA Hifi \ALEI[IAV' CO\ Siftl.CoTiON l \.ACONT, Rim 1038 Couivry Rd 323 \ RIQE, CO 816X) Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- 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. EPCO Inc.- Authorized Representative Mr. Alex Lopez P.O. Box 1298 Grand Junction, CO 81502 Phone: 970-261-6305 Email: aslopez@epco.com Forerunner Corporation - Project Designer and Survey firm Paul Akridge P.E. Forerunner Corporation 3900 South Wadsworth Blvd. Suite 600 Lakewood, CO 80235 Phone: (303) 969-0223 Email: p.akridge@forerunner.corp Pipeline Construction Company To be determined 1038 Cowry Rd 32316S1% Rik CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 9- Project Facilities 9-104 (H) The Enterprise Gas Processing, LLC- Jackrabbit Extension and Laterals project facilities are noted in attached mapping prepared by Forerunner Corporation in Tab 2- Vicinity Map 9-104 (A). The following drawings in Tab 2 detail the project facilities that are above grade. All above grade piping at the pig launcher and pig receiver facilities will be painted Juniper Green to blend with the environment and the existing facilities on-site. The pig launcher and pig receiver sites will be fenced with 8' tall chain link fencing for security purposes. A. 2.1 miles of 20 inch diameter mainline extension suction pipeline *Drawing 12499-1701-103 Jackrabbit Gathering System- Southern Pigging Facility- Site Plan- Rev. B *Drawing 12499-1701-004 Jackrabbit Gathering System Piping Plan- 20" Pig Launcher- Rev. B *Drawing 12499-1701-005 Jackrabbit Gathering System -Piping Elevations and Details- 20" Pig Launcher- Rev. B *Drawing 12499-1701-017 Jackrabbit Gathering System- Southern Pigging C. 2.6 miles of 10 inch diameter Garden Gulch Lateral *Drawing 12499-1702-100 10" Garden Gulch Lateral Launcher Site Plan Rev. A *Drawing 12499-1702-101 10"Garden Gulch Receiver Site Plan Rev. B *Drawing 12499-1702-001 Garden Gulch Lateral 10" Pig Receiver Piping Plan Rev. 0 *Drawing 12499-1702-002 Garden Gulch Lateral 10" Pig Receiver Piping Sections & Details Rev. 0 *Drawing 12499-1702-003 Garden Gulch Lateral 10" Pig Receiver 3D Isometric Rev. 0 *Drawing 12499-1702-004 Garden Gulch Lateral 10" Pig Launcher Piping Plan Rev. 1 *Drawing 12499-1702-005 Garden Gulch Lateral 10" Pig Launcher Piping Sections & Details Rev. 0 *Drawing 12499-1702-006 Garden Gulch Lateral 10" Pig Launcher 3D Isometric & Bill of Materials Rev. 0 Thank you for your assistance on this project. Please contact me with any questions. Sincerely it+ c"24).)\1 Philip B. Vaughan President PVCMI-Land Planning Division Page 2 of 2 V,'atc Ii r CU�sTr, E�ri�ti!11,4NACIEMENi, l� 1038 CouNry Rd 323 h S RIFLE, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 11- Sensitive Area Survey 9-104 (J) Please find below relevant sections of the Garfield County Unified Land Use Resolution of 2008 in regards to the Jackrabbit Extension and Laterals project. 9-104 (3) "Sensitive Area Survey: List the types and areas of concern along the pipeline right-of-way, such as: sensitive plant populations; identified cultural, archeological, paleontological resources; and wetlands identified during preconstruction environmental surveys, if applicable." Enterprise Gas Processing, LLC has contracted with a respected environmental science firm, WestWater Engineering from Grand Junction, CO. The following reports are attached: A. Wildlife and Sensitive Areas Report dated May 2009 prepared by WestWater Engineering. B. PBS&J Section 3.7- Cultural Resources Review for project C. Limited -Results Cultural Resource Survey Form dated 4116/08 for 21 acre pipeline staging area and the 7 acre office/storage staging area. D. Habitat Assessment for the Collbran Pipeyard Parcels dated 5/2/08. WestWater Engineering has prepared a review and analysis of the proposed right-of-way alignment in regards to identification of the following on private property: The critical mating season occurs from March 1 to May 31 and nesting/brood rearing activity occurs from April 15 to July 15. The applicant will not conduct construction activities for this project during these timelines. G. American Elk and Mule Deer- Pages 14 of 24. There is mule deer and American elk summer range along the route and is in a portion of the Roan Plateau elk production area and mule deer fawning habitat. The applicant will avoid construction in the Elk production area North of Garden Gulch between the dates of May 15 and June 15. H. Black Bear and Mountain Lion- Pages 14 and 18 of 24. The pipeline route is within overall range for black bear and mountain lion and is not expected to have an adverse affect on these species. I. Small Mammals- Page 15 of 19 details small mammals in the area. Page 19 of 24 notes the small amount of the new disturbance is not expected to affect small mammal populations. J. Other Bird Species- Page 15 of 20 notes the bird species in the area. K. Reptiles- Page 15 of 24 notes the reptiles in the area. L Amphibians- Page 15 of 24. Page 19 of 24 notes the small amount of the new disturbance is not expected to affect amphibian populations. M. Fish- Page 17 of 24 notes that the West Fork of Parachute Creek is the only perennial stream known to support fish populations in the area. Page 19 of 24 notes the potential for compromise of this habitat by decreased water quality conditions. A stormwater management plan has been developed for the project and attached in Tab 22- Construction Management Plan for the purposes of erosion and sediment control for disturbed areas. Other Mitigation Measures: Page 19 of 24- 2. Ongoing control of noxious and invasive weeds is recommended as an additional method to maintain native vegetation communities and favorable wildlife habitats. An "Integrated Vegetation and Weed Management Plan" is provided for this project in a separate report in Tab 12- Revegetation/Weed Management Plan. Enterprise Gas Processing, LLC will comply with all applicable state and federal laws during construction of the pipeline in regards to sensitive and rare plant species and federally listed threatened and endangered birds. Page 2 of 3 Cultural, archeological, paleontological resources Please note that we have designed the new pipeline largely within existing disturbed right-of-way areas, thus, there would not be any cultural, archeological or paleontological resources within this proposed right-of-way. Cultural Resources- Please find attached section 3.7 of the PBS&J report noting that their review of the project area resulted in no previously documented cultural resource sites. Wetlands Pages 17 and 19 of 24 note wetlands. Please see Tab 7- Regulatory Permit Requirements. Wetland disturbance is permitted by the U.S. Army Corp of Engineers via the Nationwide Permit 12 for utility activities noted. Consultation with the Colorado Division of Wildlife- EPCO Representative Alex Lopez and Phil Vaughan attended a meeting with Albert Romero- District Wildlife Manager and Dan Skinner- District Wildlife Manager at the CDOW offices in Grand Junction, CO on May 28, 2009 to review the project alignment sheets, Wildlife and Sensitive Areas Report and the Integrated Vegetation and Noxious weed management plan. Please contact me with any questions. Sincerely r Philip B. aughan President PVCMI-Land Planning Division WILDLIFE AND SENSITIVE AREAS REPORT JACKRABBIT EXTENSION AND LATERALS GARFIELD COUNTY, COLORADO Prepared for: Enterprise Gas Processing, LLC Grand Junction, Colorado Prepared by: WestWater Engineering .U0.L1.10.U0 p1VJ 4L 13, 1V4QLGu approximately 9.5 miles northwest of Parachute, Colorado. The pipeline consists of an extension to an existing pipeline and three lateral pipelines. The project will include Sections 1, 13, 21, 22, 23, 24, 25, 26, and 28 of Township 6 South, Range 97 West, Section 6 of Township 6 South Range 96 West, and Sections 1, 2, and 11 of Township 7 South Range 97 West. The project is illustrated in Figure I. The pipelines will be constructed entirely on private land. The project site is accessible via the Garden Gulch Road and various upgraded gravel roads that have recently been constructed in the project area for natural gas exploration and extraction. The primary use of the site and surrounding area is rangeland, wildlife habitat, and recent natural gas extraction and development. The project area is currently undergoing natural gas development including the drilling of wells and the construction of pipelines, compressors and access roads. 1.2 General Survey Information In preparation for developing the following report, WWE biologists performed field surveys and assessments of wildlife, wildlife habitats, and habitats for sensitive plant species within the proposed project area. WWE conducted surveys from Iate May through December 2008 and on May 4, 2009. The purpose of the surveys was to determine the wildlife and sensitive plant species that occupy the project area at various periods of the year, which would potentially be impacted as a result of pipeline construction and operational activities. Factors considered include: I) soil type and texture; 2) existing land management; 3) absence or presence of wildlife and plant species including raptors, sage -grouse, and other sensitive birds species; 4) special designations by Federal and State wildlife agencies; 5) the existing natural vegetation community, and 6) wetlands/regulated waterways potentially within the jurisdiction of the Army Corps of Engineers (ACOE). This report provides written documentation that describes survey findings as well as recommended mitigation measures. 2.0 LANDSCAPE SETTING 2.1 Vegetation Vegetation at the higher elevations is diverse, but dominated by a mixture of mountain big sagebrush (Artemisia tridentata var. vaseyana), Gambel oak (Quercus gambelii), serviceberry (Amelanchier alnifolia), antelope bitterbrush (Purshia tridentata), snowberry (Symphoricarpos rotundifolius), aspen (Populus tremuloides), and Douglas -fir (Pseudotsuga menziesu). Groves of aspen and Douglas -fir prefer northern exposures where temperatures and soil moisture are most suitable. WestWater Engineering Page 1 of 24 May, 2009 GARF,IELD COUNTY ` DEBEQUE MESA COUNTY,, Figure 1 Enterprise Products P.._ ..._ _ a:........ I 1 /^ rushes (Juncus spp.). The climate for the Piceance Basin is considered semiarid with a wide range of temperatures and precipitation. The closest weather station is at the Altenbern Ranch on Roan Creek, which has provided reliable records to the National Oceanic and Atmospheric Administration (NOAA) since 1948. The average annual precipitation at the ranch is 16.41 inches, with a record low temperature of minus 38 degrees Fahrenheit and a record high temperature of 104 degrees Fahrenheit (NOAA website: www.noaa.gov). The average annual precipitation at the upper elevations in the project area should equal, and likely exceed, that observed at the Altenbern station on Roan Creek. 2.2 Soils Soil types include loams and sandy loams that overlay broken shale derived from the Green River Formation. This formation is visible in the sheer canyons of Roan and Parachute Creeks and the Roan Cliffs overlooking the towns of Rifle, Parachute and DeBeque, Colorado. In many areas, soil profiles are not extensive and often only 12-24 inches of soil overlays deep, broken shale deposits_ Soil types and the vegetation supported vary with elevation and slope aspect. Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), were reviewed to determine the soil types and vegetation characteristics of the project site and surrounding property (NRCS 2009). Eight soil types are found in the project area and include the following: 1. Northwater-Adel complex, 5 to 50 percent slopes and vegetation is predominantly mature aspen groves with an understory of deciduous mountain shrubs, grasses and fortis. This soil type supports the large aspen complexes on the Roan Plateau. 2. Parachute-Irigul complex, 5 to 30 percent slopes and vegetation is dominated by sagebrush shrublands. 3. Parachute-Irigul-Rhone association, 25 to 50 percent slopes. Vegetation includes a mix of aspen and deciduous mountain shrubs including serviceberry with an understory of sagebrush. 4. Parachute loam, slopes of 25 to 65 percent. Vegetation of this soil type consists of mountain big sagebrush, serviceberry, Gambel's oak, snowberry, mountain brome, elk sedge, Letterman's needlegrass, and Idaho fescue. This soil type has severe limitations for use, has a high risk for erosion, and is primarily used for pasture, rangeland, forest, and wildlife habitat. 5. Parachute -Rhone loams, 50 to 30 percent slopes and vegetation includes serviceberry, sagebrush, and bitterbrush. WestWater Engineering Page 3 of 24 May, 2009 6. Rhone loams, slopes of 30 to 70 percent. Supports serviceberry, Gambel's oak, snowberry, Wood's rose, mountain brome, elk sedge, Idaho fescue, and Letterman's needlegrass. This soil type has severe limitations for use, has a high risk for erosion, and is primarily used for pasture, rangeland, forest, and wildlife habitat. 7. Silas loam, 1 to 12 percent slopes. Soils typically occur along drainage bottoms and supports aspen and riparian vegetation along perennial drainages. 8. Torriorthents, cool -Rock outcrop complex, 35 to 90 percent slopes. Slopes are often composed of bare shale soils with scattered sagebrush, grasses, and forbs. This soil type is suitable habitat for sensitive plant species such as Piceance bladderpod. Photo 1. View of terrain and existing pipeline ROW in project area near Garden Gulch. 23 Terrain Generally, the proposed pipeline alignment is located on a major north -south ridgeline of the Roan Plateau that separates Roan Creek on the west and Parachute Creek on the east. All the _ .._1E,netPrl to tl,a cn,,th Tha tnnnaranhv is 3.1 Background Information Descriptions of critical habitats for federally -listed threatened, endangered, and candidate fish and wildlife species were reviewed in the Federal Register, U.S. Department of the Interior, U.S. Fish and Wildlife Service (USFWS). Wildlife habitat (activities) maps, provided via the internet by the Colorado Division of Wildlife's (CDOW) Natural Diversity Information Source (NDIS), were reviewed and incorporated into this report in reference to mule deer, elk, and state -listed threatened, endangered, and species of "special concern"(CDOW 2008a). A list of Birds of Conservation Concern (BOCC) and their habitats for the Southern Rocky Mountain Region and the Colorado Plateau was reviewed. This list is published by the USFWS through a Memorandum of Understanding with the BLM and the U.S. Forest Service (USFS), which places high conservation priorities for BOCC species (USFWS 2002). Not all of these BOCC species occur regularly in Colorado, and some are present only as seasonal migrants. Of those known to breed in Colorado, only a portion are known or suspected to breed within the vicinity of the proposed pipeline. Avian literature sources such as the "Birds of Western Colorado Plateau and Mesa Country" (Righter et al. 2004) and the "Colorado Breeding Bird Atlas" (Kingery 1998) were reviewed to determine the likelihood for species occurrence within the project area. Bird identification and taxonomic nomenclature are in accordance with that applied by the Colorado Breeding Bird Atlas Project (Kingery 1998). The determination of the presence/absence of suitable habitat for Threatened, Endangered, and "Sensitive Species" (TESS) plants was based on previous WWE observations of typical habitat occupied by BLM or USFS sensitive plants, the Colorado Natural Heritage Program (CNHP) Rare Plant Field Guide (Spackman et al. 1997), and locations of species documented in the CNHP statewide database. 3.2 Survey Methods A preliminary review of the project area, using aerial photography maps, was conducted to familiarize personnel with vegetation types and terrain and as an aid to help determine the likelihood of the presence of threatened, endangered, or sensitive wildlife and plant species. Field data including general project location, boundaries, and reported features were verified and/or recorded with the aid of a handheld global positioning system instrument (GPS) utilizing NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system within Zone 12S. WWE biologists physically surveyed the area to identify and locate wildlife species, wildlife sign (tracks, fecal droppings, and vegetation disturbance), vegetation communities, and wildlife habitats. Vegetation types were determined through field identification of plants, aerial photography, and on -the -ground assessments of plant abundance. Identification of plant species WestWater Engineering Page 5 of 24 May, 2009 was aided by using pertinent published field guides (Whitson et al. 2004, CWMA 2007, Kershaw et al. 1998, Weber 2001). Visual searches for raptor and other bird species nests were focused on shale cliffs and aspen groves within a least a 0.25 mile distance from the proposed pipeline's centerline. Nest searches and bird identification were aided with the use of binoculars and song recognition, where needed. In addition to these visual and audio searching techniques, biologists used the recorded call play- back methodology described by P. Kennedy (Kennedy and Stahlecker 1993; the "Kennedy- Stahlecker-Rinker" method) as modified by R. Reynolds and others (1992) for the southwestern United States. WWE biologists used "Predation MP3 Game Caller" units and played the call of a Great Horned Owl or a Cooper's Hawk alarm call in an attempt to locate raptors which often respond to the presence and calls of other raptors. 4.0 RESULTS OF SURVEY 4.1 TESS Plant Species Special status species of plants that may be present in the project area, and their habitats, are listed in Tables 1 and 2 in two categories: 1) Federal Candidate Species (1 species), and 2) BLM Sensitive Species (5 species). Nomenclature and habitat descriptions are based on the CHNP literature (Spackman et al. 1997). No TESS plants were observed during the survey along the proposed Jackrabbit Extension and Laterals Pipeline. The terrain and soils do not appear suitable for the species listed in Table 2. Table 1. Potential Federally -listed Threatened, Endangered and Candidate plant species. Scientific Name Common Name Status* Habitat Preference Penstemon debilis - Parachute penstemonachute C Endemic to Garfield County with only five known occurrences; sparsely vegetated, south facing, steep, white shale talus in the Mahogany Zone of the Parachute Creek Member of the Green River Formation. Elevation: 7,800-9,000 ft E= Federal Endangered, T= Federal Threatened, C= Federal Candidate Table 2. BLM or CNHP listed sensitive plant species which may occur in the project area. Scientific Name Common Name Habitat Preference Gentianella T Ttah gentian Green River Formation; barren shale knolls and slopes; elevation 8,500 . „ -- „ heliophilum meadowrue Laiu, J1"y°' ucrow we "wan k..iirrs, or[en in naattat similar to Roan Chit blazingstar. Sullivantia hapemanii var.purpusii Hanging garden sullivantia Occurs in and around waterfalls, wet cliff and boulders in shale geology on the Roan PIateau. 4.2 Federal Listed Threatened, Endangered, Candidate Wildlife Specks No federal listed threatened, endangered, or candidate wildlife species are known to occupy the site of the proposed pipeline alignment and, thus, none of these species are likely to be affected as a result of the proposed project. All perennial and ephemeral washes potentially affected by construction (silt loading) drain into Parachute Creek and from there into the section of the Colorado River that is designated critical habitat for the Federally endangered Colorado pikeminnow and razorback sucker (Maddux l 993). 4.3 State Listed Threatened, Endangered Special Concern Wildlife Species WWE biologists determined that three state listed threatened, endangered or special concern species may occur within the project area and are listed in Table 3 (CDOW 2008b). Table 3. Potential State -listed Threatened, Endangered and Special Concern wildlife species. Scientific Name Common Name State Status Habitat Preference Centrocercus urophasianus Greater Sage- Grouse SC Sagebrush dominated mountain steppe shrublands with rolling terrain. Large continuous areas of sagebrush on flat or gently rolling terrain with open areas in vicinity for leks. Breeds in Garfield County. Falco peregrinus anatum American Peregrine falcon SC High, sheer cliffs, typically overlooking open habitats including canyons and the Colorado River Valley. Elevation: 5,000 to 6,500 ft. Oncorhynchus clarki pleuriticus Colorado River cutthroat trout SC Perennial mountain streams on the Roan Plateau in drainages of Parachute and Roan Creeks. *E= State Endangered T= State Threatened, SC = Species of Concern 4.4 Birds of Conservation Concern (BOCC) 4.4.1 Raptors Several raptor (birds of prey) species nest, reside, forage, or pass through the general area of the pipeline project. Raptor species that are common to the area include Golden Eagle, Red-tailed Hawk, American Kestrel, Cooper's Hawk, Sharp -shinned Hawk, Northern Harrier, Peregrine Falcon, Flammulated Owl, Long-eared Owl, and Great Homed Owl. The aspen groves and shale WestWater Engineering Page 7 of 24 May, 2009 cliffs existing in the project area are of sufficient height and density for tree and cliff nesting raptors. Raptor species that are listed as BOCC in the Southern Rockies and the Colorado Plateau, and which may occur in the project area, are listed in Table 4. In addition to the BOCC list, eight other species of raptors that could potentially be found nesting in the pipeline project area are also listed in Table 4. Table 4. Raptor species that may be present in the project area. Common Name Scientific Name BOCC Habitat & Breeding Records Cooper's Hawk Accipiter cooperii N Cottonwood riparian to spruce/fir forests, including pifion/juniper woodlands. Nests most frequently in pines and aspen. Sharp -shinned Hawk Accipiter striates N High density young, or even -aged, stands of coniferous forest and deciduous forests of aspen or oak brush with small stands of conifers. Red-tailed Hawk ButeoN jamaicensis Diverse habitats including grasslands, pinon juniper woodlands and deciduous, coniferous and riparian forests. Nests in mature frees (especially cottonwood, aspen, and pines) and on cliffs and utility poles. Northernin Harrier Circus cyaneus �' Grassland, shrubland, agricultural areas, and marshes. Nests areas with abundant cover (e.g., tall reeds, cattails, grasses) in grasslands and marshes. Also known to nest in high - elevation sagebrush. Northern Goshawk Accipter gentiles N Typically in high elevation coniferous or aspen forest. Can occur in pifion-juniper habitat. Peregrine Falcon Falco peregrines Y Pifion-juniper woodlands and coniferous and riparian forest near cliffs. Nests on ledges of high cliffs away from human disturbance. Golden Eagle Aquila chrysaetos ¥ Grasslands, shrublands, agricultural areas, pinion juniper woodlands, and ponderosa forests. Prefers nest sites on cliffs and sometimes in trees in rugged areas. American Kestrel Falco sparverius N Coniferous and deciduous forests and open terrain with suitable perches. Nests in cavities in trees, cliffs and buildings. Swainson's Hawk Buteo swainsoni Y Nests in oak brush in shrubland and woodland communities on the Roan Plateau. Flammulated Owl OtusY flammeolus Found commonly on the Roan Plateau, nests in aspen groves above 7,000 ft. Great Horned BuboN Occupies diverse habitats including riparian, deciduous and raptors would not be expected to be observed and survey data may not accurately identify nest activity during the current nesting season. The areas where autumn surveys were conducted have not been resurveyed during the 2009 nesting season. Because of this, there are potentially nests that were unoccupied during the 2008 surveys which may be occupied in 2009. Additional surveys are recommended during nesting season and before construction activities occur in the vicinity of any raptor nest. Occupancy status of nests is based on the presence of primary and/or secondary evidence of current use by raptors. Primary evidence consists of adult birds, young, or eggs visible in or near the nest. Secondary evidence consists of new nest materials, whitewash, feathers, prey remains, or other evidence that a raptor has recently used a nest. Occupancy status is different than activity status in that a nest which has been used at any time in the previous 5 years is considered by the CDOW to be active, whether or not a bird is occupying the nest during the current nesting season. A total of twenty-one nests were observed during the survey of the alignment including two Golden Eagle, seven Red-tailed Hawk, and twelve unidentified hawk nests. Of the Red-tailed Hawk nests observed, four were occupied; two during the 2008 portion of the surveys and two on the May 4, 2009 survey as depicted in Photos 1 and 2. None of the unidentified hawk nests were occupied (Table 5 and Figure 2). Both Golden Eagle nests were unoccupied. Locations and occupancy status of raptor nests is included in Table 5. Table 5. Locations of raptor nests in project area. Number Zone Easting Northing Occupancy Status Date Observed Distance from centerline to nest site (miles) GOEA-1 125 743389 4380155 U 5/5/2009 0.42 GOEA-2 12S 743486 4380064 U 8/26/2008 0.46 RTHA-1 125 743108 4381446 U 9/20/2008 0.16 RTHA-2 125 743135 4381356 0 11/24/2008 0.12 RTHA-3 125 742817 4379493 0 8/26/2008 0.05 RTHA-4 125 742516 4378869 0 5/5/2009 0.20 RTHA-5 125 743173 4378613 0 5/5/2009 0.23 RTHA-6 12S 741755 4376985 U* 11/8/2008 • 0.21 RTHA-7 125 741530 4376971 U* 11/8/2008 0.13 UNHA-1 125 742871 4381353 U 8/26/2008 0.10 UNHA-2 125 743236 4381343 U* 11/24/2008 0.07 WestWater Engineering Page 9 of 24 May, 2009 Table 5. Locations of raptor nests in project area. Number Zone Easting Northing Occupancy Status Date Observed Distance from centerline to nest site (miles) UNHA-3 12S 743003 4381232 U* 11/24/2008 0.07 UNHA-4 12S 743027 4378471 U 5/5/2009 0.18 UNHA-5 125 741635 4377872 U 5/5/2009 0.15 UNHA-6 125 741776 4377862 U 5/5/2009 0.13 UNHA-7 12S 741321 4377569 U 5/5/2009 0.14 UNHA-8 125 740228 4376815 U* 11/20/2008 0.13 UNHA-9 125 740419 4376894 U* 11/20/2008 0.04 UNHA-10 125 740198 4376766 U* 11/20/2008 0.15 UNHA-11 125 742969 4373584 U* 11/8/2008 0.23 UNHA-12 12S 742140 4371498 U* 11/8/2008 0.28 U= Unoccupied; 0=Occupied; *= Nest status as of survey date. Surveys took place outside of the dates when raptors would be expected to be observed and may not indicate nest activity during nesting season. Additional surveys are recommended during nesting season and before construction activity takes place in the vicinity of these nests. Photo 3. Nest RTHA-5 southeast of proposed alignment. 4.4.2 Birds of Conservation Concern (BOCC) other than raptors In addition to raptors discussed above, WrtWE biologists surveyed the proposed pipeline route for the presence of sensitive or migratory BOCC that could potentially occur in the project area. BOCC habitat and nesting records, as described in the Colorado Breeding Bird Atlas (Kingery 1998), Colorado Birds (Andrews and Righter 1992) and Birds of Western Colorado Plateau and Mesa Country (Righter et al. 2004) in the vicinity of the proposed pipeline are summarized in Table 6. Table 6. BLM sensitive & migratory bird species that may be present in the project area. Common Name Scientific Name Habitat & Breeding Records Virginia's Warbler Vermivora virginiae Dense shrublands and scrub forests of Gambel oak, pinon- juniper, mountain mahogany or ponderosa pine. Nests on the ground among dead leaves or on rock or log overhangs. Nesting has been confirmed in Garfield County, including the Roan Plateau. Likely nester in the project area. WiIliamson's Sapsucker Sphyrapicus thyroideas Occupies conifer forest, often mixed with aspen from 7,000 to 10,700 ft. Mainly nests in aspen groves. WestWater Engineering Page 11 of 24 May, 2009 It nests primarily in the understory of these plant communities, all of which occur in this project area. 4.4.3 Greater Sage -Grouse The Greater Sage -Grouse occurs in suitable habitat along the much of the pipeline alignment and is recognized by the BLM and CDOW as a species of special concern. Greater Sage -Grouse occupy the sagebrush shrublands on the divide between the Parachute Creek and Roan Creek drainages. They require large, continuous areas of sagebrush habitat on flat, gently rolling terrain, with vegetation dominated by sagebrush (Arternesia tridentata var. vaseyana) and generally lacking an overstory of mountain shrub or woodland species. Breeding occurs in the spring on leks (strutting grounds), where dominant males display to attract females to mate. Once bred, the females disperse to build a nest and lay eggs. Recent research by the CDOW reveals that approximately 80 percent of the females nest within a 4 -mile radius of the Iek on which they were bred (Colorado Greater Sage -Grouse Conservation Plan 2008). Residual grass cover mixed with a quality herbaceous component in the sagebrush understory results in increased survival of the nests and chicks through their early weeks after hatching. Self-sustaining sage -grouse populations require extensive patches of sagebrush dominated habitat for long-term viability. The patch size of sagebrush habitat necessary to support sage - grouse is not well known on the Roan Plateau. It is known that sage -grouse on the Roan Plateau prefer ridge -tops and are thought to spend little time on steep hillsides and in the bottom of gulches and draws. Biologists inventoried the proposed pipeline alignment following transect routes through suitable habitat looking for grouse as well as grouse sign (droppings, feathers, tracks). All locations of grouse sign were recorded using handheld GPS units and locations are reported as UTM coordinates (Datum: NAD83, Zone: 12S). Special attention was focused on potential sage - grouse habitat on ridge -tops and other suspected habitat within the pipeline project area. Sage -grouse sign was observed in the project area, with the highest density of sign found in the north half of the project (Figure 3). An active lek (Garden Gulch) is situated near the pipeline right-of-way (ROW) in Section 6 T6S R97W. Greater Sage -Grouse sign was observed in vegetative communities dominated by sagebrush, forbs, and grasses, with slopes typically less than 20 percent. WestWater Engineering Page 13 of 24 May, 2009 4.5 Terrestrial Species 4.5.1 American Elk and Mule Deer The proposed pipeline alignment lies within CDOW, Game Management Unit (GMU) 32. In GMU 32, the project area is situated within mule deer and American elk overall range. It is also included in mule deer and elk summer range and in a portion of a Roan Plateau elk production area. No mule deer production areas are mapped by NDIS, but the entire area is within mule deer fawning habitat. Several fawns were observed during the June survey period. During the survey, mule deer and elk droppings as well as fresh tracks were observed frequently in the project area. There are no mule deer or elk winter ranges in the project area, due to the high elevation and deep snows that cover the area during the winter. Elk and mule deer utilize the summer range extensively on the Roan Plateau, following the snow line to higher elevations in the spring. Mule deer rely on the existing sagebrush and shrubs for their primary food source, while elk rely primarily on available grasses for food. Adjacent areas of aspen, Douglas -fir, and scattered oakbrush/serviceberry copses provide necessary forage and production areas as well as escape, thermal, and loafing cover for deer and elk, particularly during the summer period. 4.5.2 Black Bear and Mountain Lion CDOW "NDIS" mapping shows the proposed pipeline to be within overall range for black bear and mountain lion. Black bear are a common resident mammal on the Roan Plateau. Black bears are omnivorous and the diet depends largely on what kinds of food are seasonally available, although their mainstay is vegetation. In spring, emerging grasses and succulent forbs are favored. In summer and early fall, bears take advantage of a variety of berries and other fruits. In late fall, preferences are for berries and mast (acorns), where available. When the opportunity is present, black bears eat a diversity of insects, including beetle larvae and social insects (ants, wasps, bees, termites, etc.), and they kill a variety of mammals, including rodents, rabbits, and young or unwary ungulates. The Roan Plateau provides important habitat to black bear during the late spring, summer and fall months with its abundance of berry and mast producing plants including serviceberry, chokecherry and Gambel oak. Black bear are in hibernation from mid-November through May. Mountain lion typically follow migrating deer herds in search of deer as the primary food source. They tend to have large territories and are highly mobile as they search for food or new territories. Rocky terrain near woodland habitats provide the habitat mountain lions prefer for hunting. These habitat conditions occur within the project area. Mountain lion could travel through and hunt in the project area during the summer months. The project area is not mapped by CDOW as a potential mountain lion conflict area. 4.5.4 Other Bird Species The project areas' shrublands, aspen groves, understory grasses and Douglas -fir stands provide nesting and foraging habitats for various other migratory and non -migratory bird species, depending on the season of the year. Bird species observed during the survey included Bewick's Wren (Thryamanes bewickii), Black -billed Magpie (Pica pica), Common Raven (Corvus corax), Mountain Bluebird (Sialia currucoides), Brewer's Sparrow (Spizella breweri), Vesper Sparrow (Pooecetes gramineus), Tree Swallows (Tachycineta thalassina), Cliff Swallows (Petrochelidon pyrrhonota), Turkey Vulture (Cathartes aura), and Green -tailed Towhee (Pipilo chlorurus). 4.5.5 Reptiles Western terrestrial garter snakes (Thamnophis elegans) have previously been observed in the vicinity of the project area. This species is common on the Roan Plateau and is typically observed around perennial creeks and ponds. Smooth green snake (Liochlorophis vernalis) were not observed during surveys, but are known to occur on the Roan Plateau (Hammerson 1999). This species is not abundant across western Colorado; however, it is not listed as a sensitive species. Short -horned lizards (Phrynosoma hernandesi) were observed in the upland sagebrush habitats, particularly in the northern portion of the pipeline alignment. Adult and young -of -the -year short - horned lizards were documented. From Garden Gulch north, this species appears to be fairly abundant along ridgelines in sagebrush habitats, and it is not listed by the CDOW as a sensitive species. 4.6 Aquatic Species 4.6.1 Amphibians Tiger salamanders (Ambystoma tigrinurn) were the only species of amphibian observed in the region. The salamanders were observed in a livestock watering pond north of Bear Run Creek. This species likely occurs across the Roan Plateau in suitable ponds and in the perennial streams and wetlands. The species prefers to breed in permanent ponds and small reservoirs and is not a sensitive species. WestWater Engineering Page 15 of 24 May, 2009 Creels supports a reproducing population of Colorado River Cutthroat trout below the West Fork falls. Other species in the main stem of Parachute Creek include rainbow trout, brown trout, brook trout, speckled dace, and white sucker. 4.7 Wetlands and Waterways Springs, seeps and wetlands are essential components of wildlife habitat. One potential jurisdictional wetland is located in Section 13 T6S R97W. A wetland delineation was performed on this potential jurisdictional wetland, and is presented in a separate report. The Iocation of the wetland is outlined in Figure 2 and Table 7. Table 7. Stream crossing and wetland for the Jackrabbit Extension and Laterals. Stream name Zone Easting Northing (in.) (in.) Depth (in.) Unnamed Wetland 12S 7420265 4378179 n/a n/a 5.0 AFFECTS TO WILDLIFE 5.1 Wildlife Impact Assessment Construction of the pipeline will likely affect site-specific native vegetation and the suitability of wildlife habitat adjacent to the project site. Affects will be minimized by locating the pipeline within and adjacent to the currently disturbed ROWs. The project and its ongoing activities will contribute, however, to the overall cumulative impacts to the wildlife populations of the area that are experiencing gradual habitat loss, fragmentation, alteration, and displacement through increased development. 5.1.1 Terrestrial Species 5.1.11 Elk and Mule Deer Potential affects include the temporary loss of a small amount of summer range, fawning, and calving habitat along the ROW in previously undisturbed areas. Effects to summering mule deer and elk are expected to be minimal, if construction occurs during this time. There is an elk production area north of Garden Gulch where construction should be avoided 15 May to 15 June. Construction during the winter would not likely affect big game species, because the area is not considered winter range. 5.1.1.2 Birds Greater Sage -Grouse: Sage -grouse are highly dependent on sagebrush dominated habitats on the Roan Plateau. The quality and quantity of this habitat type dictates its suitability for sage- WestWater Engineering Page 17 of 24 May, 2009 grouse. Disturbance to sagebrush shrublands that reduces the availability and suitability of presently occupied habitat would affect this species. Sage -grouse would potentially be affected by pipeline construction due to effects on breeding, brood -rearing, and winter habitats. Effects could be direct and indirect. Direct effects would be loss of habitat caused by ground disturbance to sagebrush vegetation. Indirect effects would result from factors such as equipment noise and the presence of humans in suitable habitats. Disturbance would be limited to newly affected areas of suitable sage -grouse habitat. Effects will mostly occur along ridgeline north of Garden Gulch. There is a known lek (Garden Gulch) in the project area; loss of the site would potentially jeopardize the sustainability of the sage -grouse population that currently exists along the Parachute Creek -Roan Creek Divide. The Garden Gulch lek is near enough to the planned development to be indirectly affected by construction activities. The lek is located approximately 0.5 mile south of the pipeline ROW. It should be noted that within the last several years, pipelines have been built within 0.4 miles of the House Log lek and within 0.1 miles of the Bear Run lek. In this area, the main Garden Gulch all-weather access road has also been constructed in the past several years, which adds additional traffic disturbance factors in the project area. Construction occurring during the critical breeding season from March 1 to May 31 could interfere with mating and reduce the nesting success of female sage -grouse. The most significant impact to sage -grouse would involve the abandonment of the lek by sage -grouse due to human disturbance. Additionally, because 80 percent of hens nest within four miles of the lek, disturbance to suitable nesting habitat between April 15 and July 15 could negatively affect annual chick production. Passerine Species: The affects to foraging and nesting habitat to a small number of bird species is expected to be minimal. Raptors: No nest sites are located where removal of the nest tree is a concern. Raptor nesting within 0.33 miles of the pipeline alignment could potentially be affected indirectly by disturbance associated with pipeline construction including equipment and human presence. Nest sites that are in direct -line of sight of construction activities have the most potential for being adversely affected. If there is vegetation or terrain features that tend to protect the nest, effects of disturbance are often mitigated. However, nest sites have been identified that are within 150 yards of the pipeline ROW including RTHA-3, UNHA-2, 3, and 9. These sites are the most vulnerable to potential negative effects of construction activities, including abandonment causing mortality of chicks. 5.1.1.3 Black Bear and Mountain Lion orb cuiLLy vy pipeline project. The small amount of disturbance is not expected to affect reptile populations. 5.1.2 Aquatic Species 5.1.2.1 Amphibians The amount of available habitat for amphibians should not be affected significantly by the proposed pipeline project. The small amount of disturbance is not expected to affect reptile populations. 5.1.2.2 Fish Colorado River cutthroat trout habitat in the West Fork of Parachute Creek in the project area potentially could be compromised by decreased water quality conditions. Any increase in erosion runoff could negatively affect Cutthroat survival due to a decrease in water quality. 6.0 AFFECTS TO TESS PLANT SPECIES No TESS plants were found during the survey of the project area, and therefore will likely not be affected by the proposed project. Although no plants were observed during the survey, it should be noted that the survey was conducted after the phenological cycle of the plants was complete for the year. 7.0 AFFECTS TO WETLANDS Affects to perennial stream habitats and ACOE waters are likely to be minimal. No aquatic wildlife species should be affected in the vicinity of pipeline construction. Water quality may be temporarily affected due to increased sediment loads. 8.0 MITIGATION RECOMMENDATIONS The following recommendations for mitigation are presented for maintenance and improvement of wildlife habitat quality as well as for the prevention of human -caused wildlife affects. 8.1 Maintenance and Restoration of Habitat In the Rocky Mountain Region, sagebrush communities have declined over the years and continue to do so as a result of development and habitat conversion. In many areas, cheatgrass and other exotic grass invasion has limited the recovery of habitats by greatly reducing re- establishment of native species. Mountain shrub, sagebrush, and native grasses are key food sources for elk, mule deer, and sage - grouse and provide nesting and foraging habitat for a variety of migratory birds and small mammals. WestWater Engineering Page 19 of 24 May, 2009 Reclamation plans should include efforts to restore these vegetation communities, particularly the sagebrush community for sage -grouse. Reclamation recommendations include the following: 1. Seeding or planting of native big sagebrush should be added to the re -vegetation plan. Local, ecologically adapted sagebrush seed from the existing sagebrush vegetation within the project area should be used in reclamation if seeding is the chosen method. Planting locally collected, containerized plants may be more cost effective and successful. 2. Ongoing control of noxious and invasive weeds is recommended as an additional method to maintain native vegetation communities and favorable wildlife habitats. An "Integrated Vegetation and Weed Management Plan" is provided for this project in a separate report. 8.2 Planning for Sensitive Time Periods and Areas 8.2.1 Mule Deer and Elk Disturbance associated with construction equipment and personnel may cause elk and mule deer to select habitats in more secluded areas away from the pipeline corridor during construction. Construction should be completed as quickly as possible, especially in the sections near the elk production areas, which are considered by the CDOW as being most sensitive from 15 May to 15 June. Confining activity to the immediate ROW and moving quickly through the areas near the elk production areas will minimize disturbance to elk. If construction occurs during the winter months (November 15 -April) big game will not be in the project area due to the deep snow conditions. 8.2.2 Migratory Birds Vegetation clearing activities, in relation to construction and development projects, would have less impact to migratory birds if conducted outside the primary nesting season of May 15 to August 1. 8.2.3 Greater Sage -Grouse In order to reduce the likelihood that sage -grouse populations decline in the project area, effective natural gas pre -development planning and post -development practices offer the best prospect for mitigating adverse affects to sage -grouse populations. Planning development with projects engineered to avoid, minimize, and mitigate affects of natural gas development are approaches that result in the most favorable mitigation outcomes. Wildlife managers have developed best management practices (BMPs) and guidelines, which can be used to help mitigate natural gas development impacts in these habitats. The opportunity exists to enhance the existing sage -grouse habitat in order to offset habitat losses attributable to natural gas development and should be implemented to protect and enhance leks, nesting habitat A adantivE.. annrnarhe,,s should he used and the Table 8. Timmis and buffer recommendations for active raptor nests Species Buffer Zone Seasonal Restriction Red-tailed Hawk 0.33 mile 15 February - 15 July Swainson's Hawk 0.25 mile 1 April - 15 August Sharp -shinned Hawk 0.25 mile 1 April - 15 August _ Cooper's Hawk 0.25 mile 1 April - 15 August American Kestrel Peregrine Falcon 0.5 mile 15 March - 31 July F Prairie Falcon 0.5 mile 15 March - 31 July Golden Eagle 0.25 mile + alt. nests 15 December - 15 July Bald Eagle 0.25/0.5 mile** 15 December - 15 July Northern Harrier 0.25 mile 1 April - 15 August Long-eared Owl 0.25 mile 1 March - 15 July Flammulated Owl 0.25 mile 1 April --1 August Northern Saw -whet Owl 0.25 mile 1 March — 15 July Great Horned Owl * * within a short radius of the lek during the breeding season, and thereafter the radius of protection expands to include essential nesting/brood-rearing habitat. After the completion of the mating period (March 1 -May 31) protection transitions into a broader area that includes nesting/brood rearing habitat (April 15 -July 15), such that the two features cannot be separated. Based on CDOW recommendations, construction activities should be avoided within 0.6 mile of the Garden Gulch lek during the March 1 -May 31 mating period. The most critical location is the ridgeline from the pipeline alignment along the Garden Gulch Road to the lek site. The existing 2 -track road that leads from the Garden Gulch road to the lek should be strictly avoided by crews working on this project. As the distance of construction increases from the lek the level of disturbance decreases. Where the pipeline alignment is along an existing pipeline corridor, affects to nesting hens in the period from April 15 -July 15 is reduced and new disturbance should be planned outside the nesting period. 8.2.4 Raptors Activities associated with the proposed project have the potential to impact raptor populations. In order to reduce the potential for affects to nesting raptors, it will be important that the project proponent schedule construction activities such that they do not interfere with breeding, nesting, and brood rearing activities. CDOW's (Craig 2002 and Klute 2008) recommended raptor nest site avoidance standards are summarized below in Table 8. If the project cannot be completed prior to, or after, the next nesting season, the known nest should be re -inventoried by qualified biologists. If any birds are found behaving in a manner consistent with nesting, every effort should be made to apply the timing limitation and buffer distance stipulations. * Great Horned Owls and Kestrels are relatively tolerant of human activity. Keep activity to a minimum during breeding season. ** COGCC/USFWS WestWater Engineering Page 21 of 24 May, 2009 8.3 Other Mitigation Practices 8.3.1 Erosion Control, Soil Stability, and Water Quality Efforts to control soil erosion within the project area should be implemented. Disturbed soils within the project area are susceptible to erosion and downstream water quality could be negatively affected by increased soil erosion. In addition to stormwater management around the project site, other current factors (noxious weeds, livestock grazing, other natural gas development) affecting soil erosion should be managed and remedial measures implemented. Prior to construction in the vicinity of potential stream crossings and the wetland, appropriate consultation with the ACOE is recommended. To protect the integrity of the perennial stream ecosystems and the associated riparian habitat within the project area, precautions should be taken when crossing or intersecting the drainages identified. Standard BMPs, including adequate barriers and filtration methods, should be used to prevent and reduce soil from eroding into perennial streams and riparian areas. This may include the installation of check dams along small ephemeral drainages and restoration of vegetation. conservation plan. Uolorado Division of Wildlife, Denver. CDOW. 2008a. Colorado Division of Wildlife. Natural Diversity Information Source. http://ndis.nrel. col ostate. edu/wildlife. asp. CDOW. 2008b. Colorado Division of Wildlife. Wildlife Species of Concern. Threatened and Endangered List. CDOW Web Home Page: http: //wildlife. state. co.us/Wildlife Species/SpeciesOfConcern/ThreatenedEndangeredList. Craig, Gerald R. 2002. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Division of Wildlife, Denver. CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. EIzinga, J. Powell, 1. Schonle, and K. Uhing_ Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. Kennedy, P. L., and D. W. Stahlecker.1993. Responsiveness of nesting northern goshawks to taped broadcasts of 3 conspecific calls. Journal of Wildlife Management, 57:249-257. Kershaw, Linda, A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Division of Wildlife, Denver. Klute, D. 2008. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Division of Wildlife, Denver. Maddux, H., L. Fitzpatrick, and W. Noonan. 1993. Colorado River Endangered Fishes Critical Habitat. Biological Support Document. U.S. Fish and Wildlife Service, Utah/Colorado Field Office, Salt Lake City, Utah, 225 pp. NRCS. 2009. U. S. Department of Agriculture, Natural Resources Conservation Service. Web Soil Survey: http://websoilsurvey.nres.usda gov/. Reynolds, R. T., R. T. Graham, M. H. Reiser, R. L. Bassett, P. L. Kennedy, D. A. Boyce Jr., G. Goodwin, R. Smith and E. L Fisher. 1992. Management recommendations for the northern goshawk in the southwestern United States. General Technical Report RM - GTR -217, U.S. Department of Agriculture, U.S. Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, Colorado.. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Valley Audubon Society, Grand Junction, Colorado. WestWater Engineering Page 23 of 24 May, 2009 Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the U.S. Bureau of Land Management, the U.S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. USFWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. Weber, W.A., and R.C. Wittmann. 2001. Colorado Flora: Third Edition. University Press of Colorado, Boulder. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and Robert Parker. 2004. Weeds of the West, Ninth Edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie. 3.7 CULTURAL RESOURCES In June 2008, PBS&J requested a search of the Colorado State Historic Preservation Office ("SHPO") records for known, recorded, terrestrial cultural resources within the proposed Project area. The results of the SHPO records search are included on the maps in Appendix A. No previously documented cultural resources sites that are eligible or potentially eligible for listing in the National Register of Historic Places ("NRHP") were identified within the proposed pipeline alignments during literature reviews. GARP Use Only: OAHP Doc. No: OAHP Project No. Colorado Office of Archaeology and Historic Preservation LIMITED -RESULTS CULTURAL RESOURCE SURVEY FORM (page E of3) Small scale limited results projects include black surveys under 160 acres and linear surveys under four miles. To be included under these guidelines there should be no sites and a maximum of four Isolated Finds. Sec manual for instructions. This farm must be typed. I. IDENTIFICATION l. Report Title (include County): Class III Cultural Resources Inventory for two proposed pipe yard locations in Garfield County, Colorado for Encana Oil and Gas (USA), Inc. 2. Date of Field Work: April 14 and 15, 2008 3. Form completed by: Carl E. Conner Date: April 16, 2008 4. Survey Organizztion/Ageney: Grand River institute Principal Investigator: Carl E. Conner Principal Investigator's Signature: Other Crew: Address: P.O. Box 3543, Grand Junction, CO 81502 5. Lead Agency / Land Owner: Bureau of Land Management, Glenwood Springs Field Office Contact: Cheryl Harrison, Archaeol gist Address: P.O. Box 1009, Glenwood Springs, Colorado 81601 6. Client: Encana Oil and Gas (USA), Inc. 7. Permit Type and Number: BLM -- C-52775 8. Report / Contract Number: GRI Project No. 2823 9. Comments: IL PROJECT DESCRIPTION 10. Type of Undertaking: Construction of storage/staging areas for pipeline materials (-. 27 acres total). 11. Size of Undertaking (acres): 27 Size of Project (if different): 27 acres 15. Legal Location Principal Meridian: 6th X NM Ute Quad. Map: Parachute Date(s): 1962 Quad. Map: Red Pinnacle Date(s): 1962/1973 Township: 7 S Range: 96 W Secs.: 27 SW, SW Township: 8 S Range: 96 W Secs.: 5 NW, NW and 6 SE, NE 16. Total number of acres surveyed: 27 (private land) 17. Comments: IV. ENVIRONMENT 18. General Topographic Setting: Colorado River valley between Parachute and Debeque Current Land Use: Open range land, residential and energy development. 19. Flora: Sagebrush. greasewood, grasses and forbs. 20. Soils/Geology: Tan sandy soil / Gravels and alluvium deposits of the Quaternary Age 21. Ground Visibility: 20 - 30 % 22. Comments: Heavy greasewood vegetation covers much of the project area. V. LITERATURE REVIEW 23. Location of File Search: BLM Glenwood Springs Field Office & SHPO Compass Website Dates: April 4. 2008 24. Previous Survey Activity In the project area: No projects have been previously conducted within either of the two block areas, however, a block area of BLM Project #5407-10, "Encana 33 Proposed Well Pads Orchard 2 Mesa GAP in Garfield County, Colorado" conducted by Metcalf Archaeological Consultants in 2007 was surveyed just south of the pipe yard at the southwest. In the general area: Numerous energy related projects have been conducted within a mile of the present project area and are shown on the attached lists. Limited -Results Cultural Resource Survey Form (page 3 of 3) V. LITERATURE REVIEW (continued) 25. Known Cultural Resources In the project area: None. In the general region: The previously recorded cultural resources near the two project areas are primarily historic features (i.e. water control features, bridges, roads etc.) although a few rehistoric sites have also been recorded (see attached lists). Additionally. overviews of the prehistory and history of the region are •rovided in the Colorado Council of Professional Archaeolosts rublication entitled "Colorado Prehistory: A Context for the Northern Colorado River Basin" (Reed and Metcalf 1999), and the Colorado Historical Society's publication entitled "Colorado Plateau Country Historic Context"(Husband 1984). 26. Expected Results: Limited cultural resources were expected due to previous disturbance and heavy vegetation cover. VI. STATEMENT OF OBJECTIVES 27. The purpose of the study was to identify and record all cultural remains over 50 years old within the area of potential impact, to assess their significance and eligibility to the National Register of Historic Places (NRNP), and make recommendations concerning management. If possible.. the remains will add to our understanding of the prehistory and history of the region. VII. FIELD METHODS 28. Definitions: Sites were defined as a discrete locus of patterned activity greater than 50 years of age and consisting of five or more prehistoric artifacts with or without features or over 50 historic artifacts with associated features. Also, single isolated hearths with no other associated artifacts or features were to be recorded as a site. IF Isolated finds were defined as less than five artifacts without associated features. Exceptions to this definition include historic trash dumps without associated features- a single core reduction event with a single core and associated reduction debitage; a single pot drop, where the sherds are from a sii7 1e vessel; or, a prospector pit with/or without artifacts and no associated historic structures or features. 29. Describe. Survey Method: The proposed block areas were walked by two archaeologists in zig zag transects spaced approximately 15 meters apart within the flagged locations to cover a total of approximately 27 acres of private land. Crew members worked from USGS 7.5 minute series maps. VIII. RESULTS 30. List IFs if applicable. Indicate IF locations on the map completed for Part III. Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/D1/1979 Contractor: Colorado Dept, Of Highways Hist 5GF.2937.1 Historic, Water Control Not Eligible - Officially Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl E. Date: 09/22/1986 Contractor: Grand River Institute, Inc. Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/D1/1979 Contractor: Colorado Dept, Of Highways Hist MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Dcbeque Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (170-1[19)8436D. Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways GF.LM.NR192 Title: Cultural Resources Inventory Report on Proposed Federal # 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl E. Date: 09/22/1986 Contractor: Grand River Institute, Inc. MC.CH.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. tier Date: 03/01/2000 Contractor: Centennial Archaeology for the Colorado Department of Transportation MC.LM.R232 BLM #12702-1 Title: Piceance Basin Pipeline Class In Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin, William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office Project # Title/Author/Date/Contractor GF.LM.R366 BLM #1107-9 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to Ok-I 1 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor: Grand River Institute T. 8S., R., 96W, Sec. 5, 6 Site ID Site Type Assessment UTM Coordinates 5GF.519 Open Architectural Eligible - Officially Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office 5GF.2741.1 Historic, Water Control Needs Data - Officially Project # Title/Author/Date/Contractor MC.CH.R96 Title: interstates 25, 70, 225, and 270, US_ Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zier Date: 03/01/2000 Contractor: Centennial Archaeology for the Colorado Department of Transportation MC.R.R28 Title: Class III Cultural Resources Inventory of 373 Acres for the Proposed Debeque Wildlife Area, Mesa and Garfield Counties, Colorado (Original and Addendum Survey of 47 Acres) Author: Coulam, Nancy; Hurley, Warren Date: 06/01/2000 Contractor: Archaeologists for the Bureau of Reclamation, Upper Colorado Region and SWCA Inc. MC.LM.R232 Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author: Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to Ok-11 Well Location in Garfield rci ....a r,_.,.. 1..., el TC n 1 invr MI' -rA 1 £14VDT VA' 5GF.364 HISTORIC, BRIDGE Eligible - Officially Title: Debeque Canyon to Grand Valley Hist Author Unknown - Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist 5GF.389 HISTORIC, STRUCTURE/FOUNDAT ION/ALIGNMENT Not Eligible - Field Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06/01/1985 Contractor: Nickens and Associates 5GF.392 HISTORIC, TRAIL/ROAD Needs Data - Officially 5GF.1247 ISOLATED FIND Not Eligible - Field 5GF.1324 HISTORIC, TRASH DUMP Not Eligible - Officially 5GF.1350 ISOLAI'Lll FIND Not Eligible - Field Project it Title/Author/Date/Contractor ME.CHRI Title: Debeque Canyon to Grand Valley Hist Author Unknown - Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Debeque Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (I 70-1[19]&436D. Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways MC.LM.R247 Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06/01/1985 Contractor: Nickens and Associates GF.LM.NR192 Title: Cultural Resources Inventory Report on Proposed Federal It 1-29 Well and Related New Access in Garfield County, Co for Barrett Energy Company Author: Conner, Carl E. Date: 09/22/1986 Contractor: Grand River Institute, Inc. Project # Title/Author/Date/Contractor MC.LM.R68 Title: Grant Norpac Cultural Resource Inventory of a 39 Mile Seismic Line, Mesa and Garfield Counties, Colorado Author: Scott, John M Date: 04/01/1991 Contractor: Metcalf Archaeological Consultants for BLM Glenwood Springs Resource Area GF.LM.R 112 Title: a Class III Cultural Resource Inventory of Three Stock Reservoirs in Smith and Kelly Gulches, Garfield County, Colorado (BLM-GSRA S3 1098-7) Author: Seacat, Todd B. Date: 04/28/1998 Contractor: Bureau of Land Management, Glenwood Springs Resource Area MC.CH.R96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania R. Metcalf, Mary W. Painter, D. Chadwick Jones, Chistian J. Zier Date: 03/01/2000 Contractor Centennial Archaeology for the Colorado Department of Transportation MCLM.R232 Title: Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-I83) Author: Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor: SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office GF_LM.NR750 Title: Class III Cultural Resources Inventory for the Proposed Sg #43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2524) Author Davenport, Barbara Date: 05/13/2005 Contractor: Grand River Institute GF.LM.NR744 Titic: CIass III Cultural Resource Inventory for the Proposed Pipeline to the Sg#43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2584) Author: Conner, Carl E. Date: 09/09/2005 Contractor: Grand River Institute GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to OK -11 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) dlli}l nom• r+.+.. n� !^n-7 ...i D.. -L-_ T_..�-�_..a Small scale limited results projects include block surveys under 160 acres and linear surveys under four miles. To be included under these guidelines there should be no sites and a maximum of four Isolated Finds. See manual for instructions. This form must be typed. I. IDENTIFICATION 1. Report Title (include County): Class III Inventory of a third pipe yard in relation to the Collbran Pipeline Project, as an ADDENDUM to: Class El cultural resources inventory for twoproposedpipe yard locations in Garfield County. Colorado, Encana Oil and Gas (USA), Inc. 2. Date of Field Work: April 30, 2008 3. Form completed by: Carl E. Conner Date: May 1, 2008 4. Survey Organization/Agency: Grand River Institute Principal Investigator: Carl E. Conner Principal Investigator's Signature: Other Crew: Address: P.O. Box 3543, Grand Junction, CO 81502 5. Lead Agency / Land Owner: Bureau of Land Management, Glenwood Springs Field Office Contact: Cheryl Harrison, Archaeologist Address: P.O. Box 1009, Glenwood Springs. Colorado 8I60] 6. Client: Encana Oil and Gas (USA), Inc. 7. Permit Type and Number: BLM -- C-52775 8. Report / Contract Number: GRI Prosect No. 2833 9. Comments: 11. PROJECT DESCRIPTION 10. Type of Undertaking: Construction of storagelstagina areas for pipeline materials (— 27 acres total). 1. Size of Undertaking (acres): 8.4 Size of Project (9f different): 8.4 acres 12. Nature of the Anticipated Disturbance: Blading and grading for storage/staging yards. 13. Comments: Limited -Results Cultural Resource Survey Form (page 2 of 3) III. PROJECT LOCATION 14. Description: Project area is located approximately 8 miles northeast of the town of Debeque CO 15. Legal Location Principal Meridian: 6th X NM Ute Quad. Map: Parachute Date(s): 1962 Township: 7 S Range: 96 W Sec.: 33 NE NE 16. Total number of acres surveyed: 8.4 (private Iand) 17. Comments: IV. ENVIRONMENT 18. General Topographic Setting: Colorado River valley between Parachute and Debectue Current Land Use: Open range land and energy development. 19. Flora: Greasewood, grasses and forbs. 20. Soils/Geology: Tan silty soil / Gravels and alluvium deposits of the Quaternary Age 21. Ground Visibility: 20 - 30 % 22. Comments: Heavy greasewood vegetation covers much of the project area. V. LITERATURE REVIEW 23. Location of File Search: BLM Glenwood Springs Field Office & SHPO Compass Website Dates: April 4, 2008 24. Previous Survey Activity In the project area: No projects have been previously conducted within the block area In the general region: The previously recorded cultural resources near the two project areas are primarily historic features (i.e. water control features, bridges, roads etc.) although a few prehistoric sites have also been recorded (see attached lists). Additionally, overviews of the prehistory and history of the region are provided in the Colorado Council of Professional Archaeologists publication entitled "Colorado Prehistory: A Context for the Northern Colorado River Basin" (Reed and Metcalf 1999),and the Colorado Historical Society's publication entitled "Colorado Plateau Country Historic Context"(Husband 1984). 26. Expected Results: Limited cultural resources were expected due to previous disturbance and heavy_ vegetation cover. VI. STATEMENT OF OBJECTIVES 27. The purpose of the study was to identify and record all cultural remains over 50 years old within the area of potential impact, to assess their sigificance and eligibility to the National Register of Historic Places (NRHP), and make recommendations concerning management. If possible, the remains will add to our understanding of the prehistory and history of the region. VII. FIELD METHODS 28. Defmitions: Sites were defined as a discrete locus of patterned activity greater than 50 years of age and consisting of five or more prehistoric artifacts with or without features or over 50 historic artifacts with associated features. Also_ single isolated hearths with no other associated artifacts or features were to be recorded as a site. IF Isolated finds were defined as less than five artifacts without associated features. Exceptiops to this definition include historic trash dumps without associated features; a single core reduction event with a single core and associated reduction debitagc; a single pot drop, where the sherds are from a single vessel; or, a prospeetorpit withlor without artifacts and no associated historic structures or features. 29. Describe Survey Method: The proposed block area was walked by two archaeologists in zig zag transects spaced approximately 15 meters apart within the flagged location to cover a total of approximately 8.4 acres of private land. Crew members worked from USGS 7.5 minute series maps. VIII. RESULTS 30. List IFs if applicable. Indicate IF locations on the map completed for Part III. A. Smithsonian Number: Description: B. Smithsonian Number: Description: 31. Using your professional knowledge of the region, why are there none or very limited cultural remains in the project area? Is there subsurface potential? Most of the project area lies within previously disturbed areas. There is no subsurface potential. EnCana GRI# 2833 Compass Search T. 7S., R. 96W., Sec. 27, 28, 33, 34 ` Site ID Site Type Assessment UTM Coordinates 5GF.109 OPEN CAMP Eligible - Field 12:7 49 580mE 43 64 21 OrnN 5GF.364 HISTORIC, BRIDGE Eligible - Officially 12:7 49 614mE 43 64 251mN 5GF.389 HISTORIC, STRUCTURE/FOUNDAT Not Eligible - Field 12:7 50 138mE 43 64 295rnN ION/ALIGNMENT 5GF.392 HISTORIC, TRAIL/ROAD Needs Data - Officially 13:2 51 439mE 43 61 176mN 13:2 51 040mE 43 61 465mN TO.... 12:7 51 464mE 43 64 517mN 12:7 50 503mE 43 64 977mN 5GF.1247 ISOLATED FIND Not Eligible - Field 12:7 50 750mE 43 63 670mN 5GF.1324 HISTORIC, TRASH Not Eligible - Officially 12:7 50 800mE 43 64 070mN DUMP 50F.1350 ISOLATED FIND Not Eligible - Field 12:7 50 840mE 43 63 690mN Project # Title/Author/Date/Contractor ME.CH.R1 Title: Debeque Canyon to Grand Valley Hist Author: Unknown Date: 01/01/1979 Contractor: Colorado Dept. Of Highways Hist MC.HW.R9 Title: Cultural Resources Report for Historic Resources, Debequc Canyon to Grand Valley, Garfield and Mesa Counties, Colorado (170-1[19]&[36]). Author: Unknown Date: 01/01/1979 Contractor: Colorado Department of Highways MC.LM.R247 Title: Preliminary Report on Cultural Resources Inventory Fourteen Locations on the Rifle to Grand Junction Segment Colorado Ute Electrical Association Rifle to San Juan 345 KV Transmission Line Project Author: Collins Susan M Date: 06/01/1985 Contractor: Nickens and Associates c.,ontractor: Mctcair Arcnaeo1opcat c..onsuuanis torDi.ivi vieuwuuu op Lugb Resource Area GF.LM.R112 Title: a Class III Cultural Resource Inventory of Three Stock Reservoirs in Smith and Kelly Gulches, Garfield County, Colorado (BLM-GSRA S3 1098-7) Author: Seacat, Todd B. Date: 04/28/1998 Contractor: Bureau of Land Management, Glenwood Springs Resource Area MC.CHR96 Title: Interstates 25, 70, 225, and 270, U.S. Highways 13 and 470 for the Proposed Adesta Communications Fiber Optic System (C SW00-102) Author: Sherman, Stephen A. Tania IL Metcalf, Mary W. Painter, D. Chadwick Jones, Cbistian J. Zier Date: 03/01/2000 Contractor. Centennial Archaeology for the Colorado Department of Transportation MC.LM.R232 Title: Piceance Basin Pipeline Class Ili Cultural Resources Inventory, Garfield and Mesa Counties, Colorado (SWCA 02-183) Author Martin. William and Andrew Sawyer Date: 03/26/2002 Contractor SWCA, Inc. Environmental Consultants for the BLM, Grand Junction Field Office GF.LM.NR750 Title: Class III Cultural Resources Inventory for the Proposed Sg #43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2524) Author: Davenport, Barbara Date: 05/13/2005 Contractor: Grand River Institute GF.LM.NR744 Title: Class III Cultural Resource Inventory for the Proposed Pipeline to the Sg#43-28 Well Location in Garfield County, Colorado for Williams Production RMT (GRI #2584) Author: Conner, Carl E. Date: 09/09/2005 Contractor: Grand. River Institute GF.LM.R366 Title: Class III Cultural Resource Inventory Report for the Proposed Pipeline Route from the Orchard Unit Compressor to OK -11 Well Location in Garfield County, Colorado for Encana Oil and Gas, Inc. (USA) (GRI NO. 26106)(BLM GSFO# 1107-9) Author: Conner, Carl and Barbara Davenport Date: 11/09/2006 Contractor: Grand River Institute 0 0 v 0 0 0 b 0 0 0 rO CO 0 0 <D 746000 747000 '3 fiT ''i rr, Composite Quadrangle Maps Parachute (1962) and Red Pinnacle (1962/1973) Garfield County - Colorado U.S.G.S. 7.5' Series (topographic) Scale 1:24000 / Contour Interval 40 Feet T. 7 S. and T. 8 S., R. 96 W., 6th P.M. NAD 83 Zone 12 748000 749000 1 4 't,,a -.i 1 p„ I' .,,.r ---.. Ji ,/-rt - 2a .r} -,, , .ti \ 1 d .0----..r •S./ N� , ., '� 1, !' Proposed Alternate >>kPipeyard Location )' 21 {8.4 acres) r .1-;1-._ '-'4:C,jz%-'' .- 21 '1 i▪ t { 1 t. I ▪ 1 ✓1 -\1 r ALM Land • Private d` 1, mi 32 0 0 CO CO O y.'i` ,Previous .lySurveyed -_,--,--_,-,/ Pipeyard Location r+ "r ` T (8 3 acres) .7 / f 1r�' \�� i` 1 - it tit 9C/ :..\. ter; 7y�l) `tti 4r L"a 1 -5"4i je. it Previously Surveyed v-. Pipeyard Location (48.7 acres) /.. - f� r� 74 3:,8'S.: r.` -rr' • • ' }i 1 0 0 ✓ 0 `r n f y - 1 ;s 0 �.q 0 m • 0 0 0 ID 1, Habitat Assessment for the Collbran Pipeyard Parcels EnCana Oil and Gas Garfield County, CO May 2, 2008 PREPARED FOR: EnCana Oil & Gas (U.S.A.), Inc. 2717 County Road 215 Parachute, CO 81635 PREPARED BY: Wildlife Specialties, L.L.C. P.O. Box 1231 Lyons, CO, 80540 1.0 Description and Proposed Action The Collbran Pipe yards were located in two distinct parcels. The smaller of the two parcels was approximately 7 acres (3.2 [hectares] ha) and located approximately 100 yards southwest of the intersection of Highway 6 and Garfield County Road 300. This intersection is located approximately 4.6 miles southwest of the Town of Parachute, Garfield County and 7.2 miles (11.52 kilometers [km]) northeast of the Town of DeBeque, Mesa County. The larger parcel was approximately 20 acres (9.1 ha) and located approximately 1.2 miles (1.9 km) west of the compression station (Figure 1). Both project areas are on the Parachute CO, US Geological Survey, 7.5 minute series topographical map. The elevation of the two parcels is approximately 5,000 feet (ft) (1,524 meters [m]) above mean sea level. The project area is located in the eco -region identified as the Southern Rocky Mountain Steppe— open woodland -coniferous forest—alpine meadow province of the dry domain (Bailey 1995). This eco -region is characterized by annual temperatures ranging from 2° to 7° C (35° to 45° F). A considerable amount of precipitation is in the form of snow and can equal up to 102 cm (40 inches) per year in higher elevations (Bailey 1995). Vegetation changes with altitude and slope aspect. The dominant plant community near the 7 acre parcel was dominanted by greasewood (Sacrobatus vermiculatus) with an understory of cheatgrass (Bromus tectorum) and common velvetgrass (Holcus lanatus). Sagebrush (Artemesia tridentata), rabbitbrush (Chrysothamnus sp.) and shadscale (Atriplex sp.). The most common herbaceous species on the site was common velvetgrass (Photo 1). The dominant plant community of the 20 acre parcel was sagebrush and grease wood with an understory of cheat grass. The eastern portion of this parcel burned in the past, removing all vegetation (Photo 2). Several ephemeral drainages dissected the parcel, flowing in a southerly direction, two of which were associated with box culverts constructed presumably to enable water to flow under Highway 6 (Figure 1; photos 3, 4). Prior to the issuance of appropriate permits by the Bureau of Land Management, a threatened and endangered species habitat assessment, per the Endangered Species Act (ESA) of 1973 (as amended) is required. Surveys are also required under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. §§ 703-711) to protect against violations of the MBTA. Surveys conducted in support of this report ensure compliance with the ESA and MBTA. 2.0 Habitat Assessment Surveys to assess the project area's suitability for use by state sensitive and federally listed threatened and endangered species and nesting raptors were conducted on 27 March, 2008 by Robert T. Magill of Wildlife Specialties, L.L.C. Mr. Magill has an M.S. degree in wildlife management from Texas Tech University in Lubbock Texas and has completed numerous threatened and endangered species habitat assessments and sensitive species surveys in Garfield County Colorado and throughout the intermountain west. Habitats within the 20 acre and 7 acre pipe yard parcels were assessed for overall quality to support wildlife and state sensitive species, federally protected species and nesting raptors on 27 March and 29 April, 2008 respectively. Using a pedestrian survey, a wildlife biologist assessed the habitat types present, their condition and evaluated their suitability for supporting sensitive species. The project area was traversed to identify basic habitat types and document which 2 species were currently using these habitats. A hand-held Global Positioning System (GPS) unit was used to identify the location of physical characteristics of the site pertinent to use of the area as wildlife habitat. Figure 1 shows the location of the both the 7 acre and 20 acre parcels within the greater landscape. Habitat assessments and sensitive species surveys were conducted before the breeding season for most migratory songbirds and raptors on the 20 acre parcel. Therefore, some species which may breed in the area may not have been present at the time the survey was conducted. Surveys and habitat assessments for the 7 acre parcel were conducted during the breeding season for raptors and early migratory songbirds. As a result of the timing of these surveys, late migrants or late nesting species might not be documented. Similarly, surveys for both parcels were conducted prior to the emergence of most reptiles, and despite warm temperatures during the visits, no reptiles were observed. 3.0 Results 7 Acre Parcel — No nest structures suitable for supporting nesting raptor nests were observed within this site. Although no nesting activity was observed within the project area, cottonwood trees (Populus fremontii) trees were present beyond the limits of the project area and were considered suitable for use by nesting raptors and common ravens (Corvus corax) and raptors. Although common ravens were observed within the vicinity of the parcel, nest structures suitable for their use were detected either on the project area or in adjacent cottonwood trees. This parcel bordered previously disturbed areas to the east. These areas had been cleared of most standing vegetation and were being used for industrial purposes at the time the habitat assessment was conducted (Photo 5). Habitats within the parcel itself were intact yet were heavily used by browsing and grazing ungulates, including but not limited to elk (Cereus elaphus) and livestock. Species observed within this parcel included elk, western meadowlark (Sturnella neglecta), blackbilled magpie (Pica hudsonia), Brewers sparrow (Spizella breweri), violet -green swallow (Tachycineta thalassina) and American kestrel (Falco sparverius). Vegetation of the parcels was visually determined to be denser, and of higher quality for wildlife within the eastern portion of the parcel. Kestrels, magpies, and brewer's sparrows were all observed in the more densely vegetated eastern portion of the parcel. Due to the parcels proximity to areas with high levels of disturbance and the presence of cattle on the site, wildlife species expected to use or be observed within the site would be generalist species adapted to living in an altered environment, such as the European starling (Sturnus vulgaris) and raccoons (Procyon lotor). Invasive and noxious weeds were present throughout the parcel. Salt cedar (Tamarix rarnosissima) is on the Colorado Department of Agriculture's (CDOA) "B -List" of noxious weeds: the species has been identified as a target species for the development and implementation of a weed management plan to stop its continued spread (CDOA 2008) (Photo 6). Although present throughout rangelands of Colorado, and identified as an invasive species, cheat grass has not been officially identified as a noxious weed in Colorado. No other noxious weeds were observed within the parcel. 20 Acre Parcel No nest structures suitable for supporting nesting raptor nests were observed within this site. Although no nesting activity was observed within the project area, power towers and poles and 3 juniper (Juniperus osteosperma), pinyon pine (Pinus edulis) and cottonwood trees (Populus deltoides) trees were present beyond the limits of the project area and were considered suitable for use by nesting raptors and common ravens (Corvus corax) and raptors. Common ravens were observed carrying nesting material (e.g. sticks, grasses) as they flew over the site. The two box culverts adjacent to the project site were visually inspected for evidence of use by either bats or swallows. The eastern most culvert contained evidence of previous use by nesting cliff swallows (Petrochelidon pyrrhonota), however, no sign of bat use was observed (Photo 7). Rocky Mountain elk used all portions of this parcel as winter range. An active colony of white- tailed prairie dogs (Cynomys leucurus) was present along the southern edge of the parcel. Other species identified as using the area through either direct observation (auditory or visual) or through the presence of sign (scat, tracks) included coyote (Canis latrans), desert cottontail rabbit (Sylvilagus audubonii), western meadowlark and Say's phoebe (Sayornis saya). Avian nomenclature was taken from Sibley (2000). Mammalian nomenclature was taken from Fitzgerald et al. (1994). Cheat grass was present throughout the parcel and is common across the rangelands of Colorado. Although the species is considered an invasive species, cheat grass has not been officially identified as a noxious weed in Colorado. No formally identified noxious weeds were observed within this parcel. 4.0 Conclusion Based on information obtained during surveys conducted at both the 7 acre and 20 acre parcels to be used for the development of a pipe yard, no state sensitive or federally protected species were determined to be using the area. Although the sagebrush habitats common within the 20 acre parcel are relatively contiguous with other habitats in the area, disturbances associated with previous energy development and associated infrastructure and the presence of the railroad likely preclude the use of these habitats by disturbance sensitive species. Both parcels are likely located within the foraging range of at least one pair of common ravens as indicated by the presence of an the observation of an individual carrying nesting material over the 20 acre parcel and the observation of an individual common raven carrying food over the 7 acre parcel. Although no detailed surveys were carried out, tree dominated riparian and upland habitats provide suitable nesting areas for common ravens. Construction of the proposed pipe yard will not impact nesting activities of any state sensitive or federally protected species or raptor species. However, the removal of sagebrush -shrub dominated habitats may decrease nesting and foraging opportunities for species such as the western meadowlark and Brewer's sparrow. No habitat critical or essential to the continued existence of any species protected under the ESA was identified within either the pipe yard or the compression station site. The implementation of the construction of facilities and their associated infrastructure is not expected to impact state sensitive or threatened and endangered species or raptors on either site. The noxious weed salt cedar was observed within the boundaries of the 7 acre parcel. Because the CDOA has identified salt cedar as a noxious species it is recommended that development of this parcel be implemented in coordination with CDOA management plans targeting the control of this species as well as in conjunction with any Best Management Practices outlined in the plan for controlling the distribution of the species. 4 5.0 Literature Cited Bailey, R.G. 1995. Description of the ecoregions of the United States. 2d 1980). Misc. Publ. No. 1391 (rev.), Washington. Colorado Department of Agriculture. 2008. Noxious Wee http://www.colorado.gov. Accessed 1 May, 2008. Fitzgerald, J.P., C.A. Meaney, and D.M. Armstrong. 1994. Mammals of Natural History and University Press of Colorado. 467 pp. Sibley, D.A. 2000. The National Audubon Society; the Sibley guide to York. 543 pp. 6.0 Project Figures and Photos ed, Rev. and expanded (P ed. d Management Program. Colorado. Denver Museum of birds. Alfred A. Knopf, New Photo 1. View west from northeast corner of the 7 acre parcel. Grasses along the edge of the road and throughout the parcel are cheat grass and common velvetgrass. 5 Photo 2. View southwest across the burned portion of the 20 acre parcel. Photo 3. View north toward downstream side of eastern most box culvert on the 20 acre parcel. 6 Photo 4. View north through second box culvert on the 20 acre parcel. Photo 5. View east from southeast corner of 7 acre parcel. Industrial development, including gravel mining, is evident in the background. Photo 6. View east from southwest comer of 7 acre parcel. The state identified noxious weed salt cedar is highlighted by the yellow circle. Photo 7. Evidence of previous swallow use of the eastern most box culvert for nesting. The yellow circle highlights locations of old nests placed against the culvert wall and ceiling. 9 Figure 1: Location of the 7 and 20 acre parcels surveyed. Scale 1 inch = 2,750 feet Legend Date: May 2008 Prepared by: Wildlife Specialties, L.L.C. P.O. Box 1231 Lyons, CO 80540 393-710-1286 [11S1R 14.101 1038 Couvey Rd 323 Rifle, CO 81650. Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 12- Rehabilitation Plan. Includes Revegetation Plan 9-104 (K) and Weed Management Plan 9- 104 (L). Steve Anthony- Garfield County Vegetation Management - Philip Vaughan met on-site with Steve Anthony on 5/20/09 to review the project and the materials below. Please see attached the following documents: 1. "Integrated Vegetation and Noxious Weed Management Plan- Jackrabbit Extension and Laterals" prepared by WestWater Engineering. Steve Anthony- Garfield County Vegetation Manager will need a quantity of the acreage to be disturbed to set forth the revegetation bond for the project. It is anticipated that this bond for the Logan Wash 16" Pipeline would be released after 2 growing seasons. Page 1 of 4 The disturbed area is determined using the following method: Summary ROW Length and Acreage Totals For Fee Lands Jackrabbit Extension and Laterals Enterprise Gas Processing, LLC 20" Suction Trunk Line Extension Owner Station Length LF Total Surface Area Acres Chevron 0+00 TUA-25'x50' 0.029 Chevron 0+00 to 58+72.2 5872.2x75' ROW 10.11 Chevron 23+05.05 TUA-30'x50' 0.034 Chevron 24+98.0 TUA-25'x350' 0.20 Chevron 35+37.2 TUA-25'x225' 0.13 Chevron 38+00.0 TUA-25'x148' 0.084 Chevron 38+00.0 TUA-10' x107' . 0.024 Chevron 42+00.0 TUA-25'x276' 0.16 Chevron 42+00.0 TUA-10'x373' 0.085 Chevron 54+12.9 TUA-25' x100' 0.057 Puckett 58+72.7 to 92+65.2 3392.5'x75' 5.84 Puckett 92+65.2 100'x200' 0.46 Subtotal: 20" Suction Trunk Line Extension- 17.213 acres Page 2 of 4 10" Haystack Lateral Owner Station Length LF Total Surface Area Acres Puckett 0+00 100'x200' 0.46 Puckett 0+00 15'x18' 0.006 Puckett 0+00 to 234+42.6 23442.6'x75' ROW 40.36 Puckett 35+87.6 TUA-100'x50' 0.115 Puckett 56+29.6 TUA-100'x50'x2 0.23 Puckett 62+54.2 TUA-100' x50' 0.115 Puckett 80+86.8 TUA-100'x50' 0.115 Puckett 117+65.6 TUA-100'x50' 0.115 Puckett 152+82.7 TUA-100'x50' 0.115 Puckett 166+18.8 TUA-100'x50'x2 0.23 Puckett 234+42.6 100'x200' 0.45 7 Subtotal 10" Haystack Lateral- 42.31 acres 10" Garden Gulch Lateral Owner Station Length LF Total Surface Area Acres Chevron Chevron 0+00 0+00 100'x100' 100'x25' 0.46 Chevron Chevron 0+00 to 130+19.2 20+36.2 13019.2' x75' ROW TUA-100'x25'x2 22.42 Chevron Chevron 44+15.8 82+34.4 TUA-100'x25'x2 TUA-100'x25' 0.23 Chevron 100+61.4 TUA-692'x30' 0.48 Chevron 121+00.2 TUA-100'x25' 0.06 Chevron 121+00.2 100'x50' 0.115 7 Subtotal: 10" Garden Gulch Lateral- 24.255 acres Page 3 of 4 Subtotal: 20" Suction Trunk Line Extension - Subtotal: 10" Haystack Lateral - Subtotal: 10" Garden Gulch Lateral - 17.213 acres 42.31 acres 24.255 acres Total Acreage Fee Land- Pipeline Right -of -Way: 83.78 acres We are prepared to post a reclamation/revegetation bond for the 83.78 acres disturbed. As per our pre -application meeting, Steve Anthony has recommended a bond at the rate of $2,500 per acre for the pipeline. 83.78 acres x $2,500= $209,450.00. Staging Areas As per our pre -application meeting, Steve Anthony has recommended a bond at the rate of $4,000 per acre. 7 acre yard- $4,000 x 7 acres= $28,000.00 bond. 21 acre yard- $4,000 x 21 acres= $84,000 bond. These two bonds for the staging areas have previously been posted by Enterprise Gas Processing and will remain in effect. Thank you for your assistance on this project. Please contact me with any questions. Sincerely Philip B. Vaughan President PVCMI-Land Planning Division Page 4 of 4 INTEGRATED VEGETATION AND NOXIOUS WEED MANAGEMENT PLAN JACKRABBIT EXTENSION AND LATERALS GARFIELD COUNTY, COLORADO Prepared for: Enterprise Gas Processing, LLC Grand Junction, Colorado Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 May 2009 1.0 INTRODUCTION 1.1 Project Description Enterprise Gas Processing, LLC. (Enterprise) has requested WestWater Engineering (WWE) to complete a "Wildlife Impact and Sensitive Areas Report" for a proposed pipeline project in Garfield County, Colorado. The Jackrabbit Extension and Laterals project is located approximately 9.5 miles northwest of Parachute, Colorado. The pipeline consists of an extension to an existing pipeline and three Iateral pipelines. The project will include Sections 1, 13, 21, 22, 23, 24, 25, 26, and 28 of Township 6 South, Range 97 West, Section 6 of Township 6 South Range 96 West, and Sections 1, 2, and 11 of Township 7 South Range 97 West. The project is illustrated in Figure 1. The pipelines will be constructed entirely on private land. The project site is accessible via the Garden Gulch Road and various upgraded gravel roads that have recently been constructed in the project area for natural gas exploration and extraction. The primary use of the site and surrounding area is rangeland, wildlife habitat, and natural gas extraction/development. The project area is currently undergoing natural gas development including the drilling of wells, construction of pipelines, compressors and access roads. 1.2 General Survey Information Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), were reviewed to determine the soil types and vegetation characteristics of the proposed pipeline and surrounding area (NRCS 2009). Field inspections of the project area were conducted by WWE biologists from late May through December 2008 and on May 4, 2009. WWE biologists surveyed the area along the proposed alignment and up to 200 ft from the centerline of the pipeline (Figure 2) to identify vegetation communities and to search for, identify, and map noxious weed species. Vegetation types were determined through field identification of plants, aerial photography, and on -the -ground assessment of plant abundance visible during the survey. Identification of plant species was aided by using pertinent published field guides (Whitson et al. 2001, CWMA 2007, Kershaw et al. 1998, Weber and Wittmann 2001). Photographs were taken of the general project location, vegetation, terrain, and other specific biological findings. Locations of weeds and other features included in this report were recorded with the aid of a handheld global positioning system (GPS) instrument using NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system in Zone 12S. WestWater Engineering Page 1 of 15 May 2009 Project Location 4` [RIFLEi ° +I j o F 1 PARA , HUTE t :' -111:, U�' GARFIELD COUNTY DEBEQUE I MESA COUNTY., Legend Proposed Alignment - Existing Pipeline Jackrabbit Extension and Lateral Pipelines Biological Survey May 2009 WestWater Engineering Consulting Engineers & Scientists Miles p 0.5 1 2 Map Source: Z:lEntetprrse(EPCONackrabbd iExte,,sron and Late diGlSNJackrabbrtEstensionLowlion.rrixdd May 20 2009 dv 2.0 LANDSCAPE SETTING 2.1 Vegetation Communities Vegetation is dominated by a mixture of mountain big sagebrush (Artemisia tridentata var. vaseyana), Gambel oak (Quercus gambelii), serviceberry (Amelanchier alnifolia), antelope bitterbrush (Purshia tridentata), snowberry (Symphoricarpos rotundifolius), aspen (Populus tremuloides), and Douglas -fir forests (Pseudotsuga menziesii). Groves of aspen and Douglas -fir prefer northern exposures where soil moisture and temperatures are suitable for these species. A variety of grasses and forbs are distributed throughout the understory in the area. A few common species include various wheatgrass species (Elymus spp. or Pascopyrum spp.), bluegrass (Poa spp), Indian rice grass (Achnatherum hyrnenides), western yarrow (Achillea lanulosa), dandelion (Taraxacum spp), lupine (Lupinus spp), and sulphur buckwheat (Erigonium umbellatum). Riparian vegetation occurs along all the perennial streams; species include aspen, mountain willow (Salix spp), chokecherry (Prunus virginiana), serviceberry, sedges (Carex spp.), and rushes (Juncus spp.). The climate for the Piceance Basin is considered semi -arid with a wide range of temperatures and precipitation. The closest weather station is at the Altenbern Ranch on Roan Creek, which has provided reliable records to the National Oceanic and Atmospheric Administration (NOAA) since 1948. The average annual precipitation at the ranch is 16.41 inches, with a record low temperature of minus 38 degrees Fahrenheit and a record high temperature of 104 degrees Fahrenheit (NOAA website: www.noaa.gov). The average annual precipitation at the upper elevations in the project area should equal, and likely exceed, that observed at the Altenbern station on Roan Creek. 2.2 Soil Types and Terrain Soil types include loams and sandy loams that overlay broken shale derived from the Green River Formation. This formation is visible in the sheer canyons of Roan and Parachute Creek and the Roan Cliffs overlooking the towns of Rifle, Parachute and DeBeque, Colorado. In many areas, soils profiles are not extensive and often only 12-24 inches of soil overlays deep, broken shale deposits. Soil types and the vegetation supported vary with elevation and slope aspect. Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), were reviewed to determine the soil types and vegetation characteristics of the project site and surrounding property (NRCS 2009). Eight soil types are found in the project area and include the following: 1. Northwater-Adel complex, 5 to 50 percent slopes and vegetation is predominantly mature aspen groves with an understory of deciduous mountain shrubs, grasses and forbs. This soil type supports the large aspen complexes on the Roan Plateau. 2. Parachute-Irigul complex, 5 to 30 percent slopes and vegetation is dominated by sagebrush shrublands. 3. Parachute-Irigul-Rhone association, 25 to 50 percent slopes. Vegetation includes a mix of aspen and deciduous mountain shrubs including serviceberry with an understory of sagebrush. WestWater Engineering Page 3 of 15 May 2009 4. Parachute loam, slopes of 25 to 65 percent. Vegetation of this soil type consists of mountain big sagebrush, serviceberry, Gambel's oak, snowberry, mountain brome, elk sedge, Letterman's needlegrass and Idaho fescue. This soil type has severe limitations for use, has a high risk for erosion, and is primarily used for pasture, rangeland, forest, and wildlife habitat. 5. Parachute -Rhone loams, 50 to 30 percent slopes and vegetation includes serviceberry, sagebrush and bitterbrush. 6. Rhone loams, slopes of 30 to 70 percent. Supports serviceberry, Gambel's oak, snowberry, Wood's rose, mountain brome, elk sedge, Idaho fescue and Letterman's needlegrass. This soil type has severe limitations for use, has a high risk for erosion, and is primarily used for pasture, rangeland, forest, and wildlife habitat. 7. Silas Ioam, 1 to 12 percent slopes. Soils typically occur along drainage bottoms and supports aspen and riparian vegetation along perennial drainages. 8. Torriorthents, cool -Rock outcrop complex, 35 to 90 percent slopes. Slopes are often composed of bare shale soils with scattered sagebrush, grasses and forbs. This soil type is suitable habitat for sensitive plant species such as Piceance bladderpod. 3.0 NOXIOUS WEEDS 3.1 Introduction to Noxious Weeds Noxious weeds are plants that are aggressive competitors non-native to an area. Most have come from Europe or Asia, either accidentally or as ornamentals that have escaped. Once established in a new environment they tend to spread quickly, because insects, diseases and animals that normally control them are absent. Noxious weeds are spread by man, animals, water, and wind. Prime locations for the establishment of noxious weeds include roadsides, sites cleared for construction, areas that are overused by animals or humans, wetlands, and riparian corridors. Subsequent to soil disturbances, vegetation communities can be susceptible to infestations of invasive or exotic weed species. Vegetation removal and soil disturbance during construction can create optimal conditions for the establishment of invasive, non-native species. Construction equipment traveling from weed -infested areas into weed -free areas could disperse noxious or invasive weed seeds and seedlings, resulting in the establishment of these weeds in previously weed -free areas. The Colorado Noxious Weed Act (State of Colorado 2005) requires local governing bodies to develop noxious weed management plans. Both the State of Colorado and Garfield County maintain a list of plants that are considered to be noxious weeds. The State of Colorado noxious weed list includes three categories. List A species must be eradicated whenever detected. List B species include weeds whose spread should be halted. List C species are widespread, but the State will assist local jurisdictions which choose to manage those weeds. The Garfield County Weed Advisory Board has compiled a list of 21 plants from the State list considered to be noxious weeds within the county (see Appendix A). Three of those weed species were found in or near the project area. The Garfield County Weed Advisory Board has duties to: WestWater Engineering Page 4 of 15 May 2009 1. Develop a noxious weed list, 2. Develop a weed management plan for designated noxious weeds, and 3. Recommend to the Board of County Commissioners that identified landowners submit an integrated weed management plan for their properties. 3.2 Observations Seven county or state listed weed species were found in the project area, including whitetop (Cardaria draba), houndstongue (Cynoglossum officinale), bull thistle (Cirsium vulgare), musk thistle (Carduus nutans), Canada thistle (Cirsium arvense), common mullein (Verbascum thapsus), and cheatgrass (Bromus tectorum). Of these state -listed weeds whitetop, musk thistle, Canada thistle, and houndstongue are also listed by Garfield County (Table 1 and Appendix B). The locations of the listed weeds can be seen in Figure 2. it should be noted that the timing of several of the surveys occurred past the phenological cycle of the plants. Dry weeds can be difficult or impossible to detect and identify. Some observations were made with approximately 2-3 inches of snow on the ground, which prevented WWE biologists from identifying noxious weeds that may have been under the snow. In particular, whitetop is suspected to be present near Garden Gulch but was not detected there during the surveys and further inspection is necessary to confirm its presence. Table 1. Observed Noxious Weed Locations in the Jackrabbit Extension and Laterals Project Area Common Name* Scientific Name USDA Symbol General Location and Comments Bull ThistleB Cirsium vulgare CTVU Scattered individual infestations were observed in disturbed areas along and adjacent to the pipeline alignment. Canada ThistleB Cirsium arvense CIAR4 A small infestation on the north end of the pipeline. Cheatgrassc Bromus tectorum BRTE Thinly scattered throughout much of the survey area. Typically noted in areas of disturbance along the pipeline alignment and scattered in other areas, typically along existing 2 -track trails. Common Mullein Verbascum thapsus VETH Common along drainages, occasionally in small dense patches. Also scattered very thinly throughout much of the sagebrush and oak brush areas. HoundstongueB Cynoglossum officinale CYOF Common throughout the existing pipeline corridor. Occasionally in large patches but mostly individual scattered plants. WestWater Engineering Page 5 of 15 May 2009 Table 1. Observed Noxious Weed Locations in the Jackrabbit Extension and Laterals Project Area Common Name* Scientific Name USDA Symbol Type** General Location and Comments Musk ThistleB Carduus nutans CANU4 B Generally not large infestations, but tends to occur in areas where moisture conditions are higher along streams and north facing slopes. Whitetop (Hoary cress) Cardaria draba CADR B Suspected to infest the area near Garden Gulch and at least one location along the pipeline corridor. * Government weed listing: Bold - Garfield County, Colorado. Superscript - Colorado State B or C list. 3.3 Treatment and Control of Noxious Weed Infestations Invasive and noxious weeds commonly occur along ditches, creek corridors and adjacent drainages (especially in riparian areas), abandoned fields, and disturbed areas such as well pads, pipeline routes, and roadsides. Control methods for the weed species found in the project area are described in Table 2. Included in Table 2 are weed life cycle type and recommended control methods for each weed species. Table 2. Weed Treatment Methods Common Name* Scientific Name USDA Symbol Type** Control Methods Bull thistle Cirsium vulgate CNU B Best management includes cultural control combined with mechanical and/or chemical control techniques. Herbicide with the active ingredient glyphosate and 2,4-D is an effective herbicide to use to control and stop the spread of bull thistle. Canada ThistleB Cirsiun: arvense CIAR4 CP Herbicides are most effective, often in combination with mowing to reduce seed production. Fall application of herbicides is recommended. Digging and tillage are ineffective and may cause the plant to spread or produce more stems. Seeding with competitive desirable grasses is highly recommended. Cheatgr ssL Iec Bromus tectorum BRTE A Herbicide application in fall and following spring followed by seeding with competitive grasses where infestations are heavy. Common mulleins Yerbascum thapsus VETH B Herbicide application in the fall, plant competitive grasses. Elimination of seed production and the depletion of the seed bank by the combination of herbicide and the mechanical removal of rosettes. It is also very important to remove the seed heads from plants that have bolted. WestWater Engineering Page 6 of 15 May 2009 Table 2. Weed Treatment Methods Common Name* Scientific Name USDA Symbol Type** Control Methods Houndstongue' CynogCynogl05Sum losB officinale CYOF Early Spring tillage before weed emergence in the existing corridor to a depth of 2-4 inches. Herbicide application in Spring while plants are small and it the late fall, bagging the seed heads. Musk thistleB Carduus nutans CANU4 B Tillage or hand grubbing in the rosette to pre -flowering stages. Repeated mowing at bolting or early flowering. Seed head and rosette weevils, leaf feeding beetles. Herbicides in rosette stage. Whitetop (Hoary cress) B Cardaria draha CADR P Herbicide applications can be very effective on whitetop when applied at the proper time. Before or at early bloom is the best time to apply. Tillage or hand grubbing are not recommended because they break up root pieces, which can sprout into new plants. Government weed listing: Bold — Garfield County, Colorado. Superscript - Colorado State B or C list. * * Type: A = annual; B = biennial; CP = creeping perennial; P = perennial (Sirota 2004) 3.4 Recommended Treatment Strategies It is important to know whether the target is an annual, biennial, or perennial to select strategies that effectively control and eliminate the target. Treatment strategies are different depending on plant type, which are summarized in Table 3. Herbicides should not always be the first treatment of choice when other methods can be effectively employed. Table 3. Treatment Strategies for Annual and Biennial Noxious Weeds Target: Prevent Seed Production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If seeds develop, cut and bag seed heads. 2. Cut roots with a spade just below soil level. 3. Treat with herbicide in rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage, before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. (Sirota 2004) Herbicide treatment with two or more herbicide modes of action in fall (after approximately August 15 when natural precipitation is present) is the best method to control difficult species. Some weeds, particularly annuals and biennials, can develop resistance to herbicides. The ability to quickly develop immunity to herbicides, especially when they are used incorrectly, makes it imperative to use the proper chemicals at the correct time in the specified concentration. Most misuse is centered on excessive application, either in frequency or concentration. This results in mostly top kill and an immune phenotype. WestWater Engineering Page 7 of 15 May 2009 3.5 Life Cycle and Management Calendars Best results in the control of certain specific noxious weeds can be achieved by following the recommended timetable presented in Table 4. Table 4. Noxious Weed Biology Species Type' Jan Feb March Apri 1 May June July Aug Sept Oct Nov Dec Houndstongue B rosettes 3 prebud flowering, seed set germination -a 3 3 Thistle, Bull - B germination rosettes 3 4 3 3 3 3 3 1st year Thistle, Bull B rosettes 3 3 3 bolting flowering seed 3 3 rosettes 2nd year set Thistle, Musk B germination rosettes 3 3 3 3 3 3 - 1st year Thistle, Musk B rosettes 3 3 3 bolt flowering seed 3 - 2nd year set Common B Dormancy Emerge Flowering 3 Flowering, Seed mullein seed set set Canada CP Dormancy Emerge Flowering Thistle Whitetop P Emerge Flowering Seed set 1: A = annual; B = biennial; CP = creeping perennial; P = perennial Shaded areas indicate best control timing. (Sirota 2004) Figure 3 is an alternative schedule for life cycle and control of biennial thistles such as bull thistle. It is also an appropriate control for houndstongue. One additional control method is the cutting of rosettes, which can be done any time during the growth of the plant. Figure 3. Life Cycle and Management strategies for biennial thistles Herbicide Application Hob, Appl, Mowing Spring Starrlrtler Fail IMrter Spring Sumter Year 1 Year 2 (Hartzler 2006) WestWater Engineering Page 8 of 15 May 2009 Tie in to ting pipeline 110 in to existing pipeline 111 Vnettrive t'odnnt Partml LP Legend Weed Points Common Name 1 enthislhe Y Canada thistle LNSK thistle rrxrmnn eutlein • tbun4abngue YJhh+etflp Cheatgrass Etisi g Rpeiine Frupsed Alignment --- Rands Figure 2 Enterprise Products Operating, LLC Jackrabbit Extension and Lateral Pipelines Biological Survey May 2009 nNNestl4 ter Engineering Consulting Engineers & Scientists Miles 0 0.25 0.5 1 Ort. M-Me.l- "' - rp a tan I.cn en L. 1.11, nqu:Arwlans m:a f:1 a, 3.6 Commercial Applicator Recommendations A certified commercial applicator is a good choice for herbicide control efforts. Regulations may require a Colorado licensed applicator. An applicator has the full range of knowledge, skills, equipment and experience desired when dealing with tough noxious weeds. Reclamation farming services using multiple seed bin range drills and specialized related equipment are available and should be used for reclamation seeding projects. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non -approval. Certified commercial applicators will decide which herbicide to use and at what concentration according to label directions. Landowners using unrestricted products must obey all label warnings, cautions, and application concentrations. The author of this report is not responsible for inappropriate herbicide use by readers. 3.7 Best Management Practices — Noxious Weeds The following practices should be adopted for any construction project to reduce the costs of noxious weed control. The practices include: • top soil, where present, should be segregated from deeper soils and replaced as top soil on the final grade, a process known as live topsoil handling; • wetland vegetation, if encountered, should be live handled like sod, temporarily watered if necessary, and placed over excavated sub -soil relative to the position from which the wetland sod was removed; • cut-off collars should be placed on all wetland and stream crossings to prevent back washing or draining of important aquatic resources; • in all cases, temporary disturbance should be kept to an absolute minimum; • equipment and materials handling should be done on established sites to reduce area and extent of soil compaction; • disturbances should be immediately reseeded with the recommended mix in the re - vegetation section; • topsoil stockpiles should be seeded with non-invasive sterile hybrid grasses, if stored longer than one growing season; • prior to delivery to the site, equipment should be cleaned of soils remaining from previous construction sites which may be contaminated with noxious weeds; and • if working in sites with weed -seed contaminated soil, equipment should be cleaned of potentially seed -bearing soils and vegetative debris prior to moving to uncontaminated terrain. WestWater Engineering Page 10 of 15 May 2009 In areas with slopes greater than 3 percent, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When utilizing hydro -seeding followed by mulching, imprinting should be done prior to seeding unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting should be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. Herbicides: Difficult species respond better to an application of a combination of two or more chemical modes of action (biological reason for plant death) rather than one (Boerboom 1999). It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, e.g., phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some are commercially pre -mixed, e.g., Crossbow and Super Weed -be -Gone Max, and are available over the counter. However, some of the most effective herbicides are restricted and available for use only by licensed applicators. Weed species with rhizomes such as whitetop should be exclusively treated and controlled by chemical means because it is important to kill the roots to control the growth and reproduction of the plants. Professionals or landowners using herbicides must use the concentration specified on the label of the container in hand. Herbicides generally do not work better at higher concentrations. Most herbicide failures observed by WWE are related to incomplete control caused by high concentrations killing top growth before the active ingredient can be transported to the roots through the nutrient translocation process. Most herbicide applications should use a surfactant if directed on the herbicide label or other adjuvant (chemical agent added to aid the effect of another chemical) as called for on the herbicide label. Grazing: Grazing should be deferred in reclaimed areas, until the desired grass species are established. Mechanical: Bull thistle was found scattered along the pipeline and is an example where control could be accomplished mechanically along with chemical applications. Mechanical removal involves cutting, mowing, and bagging seed heads of the noxious weed. This method is not recommended for eradication of whitetop. Alternative Methods: An alternative method, particularly where there is poor or destroyed topsoil, is the application of vesicular-arbuscular mycorrhizal fungi typically referred to as AMF. These fungi, mostly of the genus Glomus, are symbiotic with about 80 percent of all vegetation. Endo-mycorrhizal fungi are associated mostly with grasses and forbs and could be helpful when reclaiming this project. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin 1995). Over-the-counter commercial products, which are better adapted to coating seeds when re- seeding and treating roots of live seedling trees and shrubs at time of planting, come in powder form and are available from many different sources. Some also come in granular form to be WestWater Engineering Page 11 of 15 May 2009 spread with seed from a broadcast spreader. The best AMF products should contain more than one species. All Colorado State Forest Salida District tree and shrub plantings include the application of AMF. According to District Forester Crystal Tischler, "AMF is worth it" (Tischler 2006). Most, if not all, Colorado Department of Transportation re-vegetation/reseeding projects now require use of AMF and BioSol, a certified by-product of the penicillin manufacturing process composed primarily of mycelium. Compacted soils respond well to fossilized humic substances and by- products called humates. These humates, including humic and fulvic acids and humin, were formed from pre -historic plant and animal deposits and work especially well on compacted soils when applied as directed. 4M REVEGETATION — RECLAMATION 4.1 Project Area The project area is comprised of rolling mountain shrubland ridge tops and draws with scattered stands of aspens and Douglas -fir. Successful reclamation of the project area is dependent upon soil type and texture, slope gradient and aspect, proper weed control, and re -vegetation with suitable plant species. Based on the soil types, terrain, and the presence of noxious weeds in the project area, successful reclamation is most likely to be achieved if a seed mix of grasses and shrubs is used (Table 5). This will allow control of noxious weeds while establishing vegetation in the disturbed areas. The recommended seed mix is based on Bureau of Land Management (BLM) recommendations for the elevation and vegetation type presently occurring in the project area (BLM 2007). Table 5. Mountain/Wyoming Big Sagebrush Shrubland Common Name Scientific Names Variety Season . Form PLS lbs/acre* Plant Both of the Following (15% Each, 30% Total) BottIebrush Squirreltail Elymus elymoides [Sitanion hystrix] VNS Cool Bunch 2.0 Bluebunch Wheatgrass Pseudoroegneria spicata [Agropyron spicatum] Secar, P-7, Anatone, Goldar Cool Bunch 2.8 and Two of the Following (20% Each, 40% Total) Thickspike Wheatgrass Elymus lanceolatus ssp. Lanceolatus [Agropyron dasystachyum] Critana, Bannock, Schwendimar Cool Sod- forming 3.4 Slender Wheatgrass Elymus trachycaulus [Agropyron trachycaulum] Revenue, Pryor Cool Bunch 3.3 Western Wheatgrass Pascopyrum [Agropyron] smithii Rosana, Arriba Cool Sod- forming 4'8 WestWater Engineering Page 12of15 May 2009 Table 5. Mountain/Wyoming Big Sagebrush Shrubland Common Name Scientific Names Variety Season Form PLS lbs/acre* and Two of the Following (15% Each, 30% Total) Indian Ricegrass Achnatherum [Oryzopsis] hymenoides Paloma, Rimrock Cool Bunch 2.8 Galleta Pleuraphis [Hilaria] jamesii Viva florets Warm Bunch/Sod- forming 2 5 Muttongrass Poa fendleriana VNS Cool Bunch 0.4 Sandberg Bluegrass Poa sandbergii [Poa secunda] VNS Cool Bunch 0.4 'Based on 60 pure live seeds (PLS) per square foot, drill -seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded (BLM 2007). For best results and success, the recommended grass mixture reseeding should be performed in late autumn. The reseeding rate should be doubled for broadcast application (CNHP 1998). Preferred seeding method is multiple seed bin rangeland drill with no soil preparation other than simple grading to slope and imprinting and waterbars where applicable. Alternative seeding methods include, but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and re - harrow, preferably at a 90 degree angle to the first harrow; • hydro -seeding (most economical in terms of seed cost); and • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. The process of restoring big sagebrush communities requires a multi-year effort. Once desired grasses are established and control of target weed species is successful then shrubs, forbs, and trees can be planted without concern for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed, particularly when mixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control, and then coming back to plant live, containerized woody species (i.e. big sagebrush) in copses has been the most cost effective method for establishing the woody species component of the plant community. For sites where soil disturbance will be temporary, grasses should be drilled after construction activities cease and the equipment is removed from the site. After two years of controlling weeds (with herbicides) and allowing the grasses to become established, forbs and woody species should be inter -seeded or hand -planted to increase the diversity and value of the reclamation plantings. WestWater Engineering Page 13 of 15 May 2009 5.0 REFERENCES Barrow, J. R., and Bobby D. McCaslin. 1995. Role of microbes in resource management in arid ecosystems. In: Barrow, J. R., E. D. McArthur, R. E. Sosebee, and Tausch, R. J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. General Technical Report, INT -GTR -338, Ogden, Utah: U.S. Department of Agriculture, U.S. Forest Service, Intermountain Resource Station, 275 pp. BLM. 2007. Revisions to BLM energy office revegetation requirements. Bureau of Land Management, Department of the Interior, Glenwood Springs. Boerboom, C. 1999. Herbicide mode of action reference. Weed Science, University of Wisconsin, 5 pp. CNHP. 1998. Native Plant Re -vegetation Guide for Colorado. Colorado Natural Heritage Program, Caring for the Land Series, Vol. III, State of Colorado, Division of Parks and Outdoor Recreation, Department of Natural Resources, Denver, 258 pp. CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, K. Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. Hartzler, Bob. 2006. Biennial Thistles of Iowa. ISU Extension Agronomy. URL: http://www.weeds.iastate.edu/mgmt/2006/iowathistles.shtml Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. NRCS. 2009. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, URL: http://websoilsurvey.nrcs.usda.gov Sirota, J. 2004. Best management practices for noxious weeds of Mesa County. Colorado State University Cooperative Extension Tri River Area, Grand Junction, Colorado. URL: http://www.coopext.colostate.edu/TRA/Weeds/weedmgmt.html State of Colorado. 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. Tischler, Crystal. 2006. District Forester, Colorado State Forest Service, Salida. Personal communication with Bill Clark, WestWater Engineering, Grand Junction, Colorado. Weber, William A., and Ronald C. Wittmann. 2001. Colorado Flora, Western Slope. Third Edition, University Press of Colorado, Boulder. WestWater Engineering Page 14 of 15 May 2009 Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and R. Parker. 2001. Weeds of the West — 9th edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. WestWater Engineering Page 15 of 15 May 2009 APPENDIX A Garfield County Noxious Weed List Species Common name Species Code Growth Form. Life History= State "A" List State "B" List State "C" List Acroptilon repens Russian knapweed ACRE3 F P X X Aegilops cylindrica Jointed goatgrass AECY G A X X Arctium minus Common (Lesser) burdock ARMI2 F B X X Cardaria draba Hoary cress, Whitetop CADR F P X X Carduus acanthoides Spiny plumeless thistle CAAC F B, WA X X Carduus nutans Musk (Nodding plumeless) thistle CANU4 F B X X Centaurea diffusa Diffuse knapweed CEDI3 F P X X Centaurea maculosa Spotted knapweed CEMA4 F P X X Centaurea solstitialis Yellow starthistle CESO3 F A X X Chrysanthemum leucanthemum Oxeye daisy CHLE80 F P X X Cichorium intybus Chicory CIIN F P X X Cirsium arvense Canada thistle CIAR4 F P X X Cynoglossum officinale Houndstongue, Gypsyflower CYOF F B X X Elaeagnus angustifolia Russian olive ELAN T P X X Euphorbia esula Leafy spurge EUES F P X X Linaria dalmatica Dalmatian toadflax, broad-leaved LIDA F P X X Linaria vulgaris Yellow toadflax LIVU2 F P X X Lythrum salicaria Purple loosestrife LYSA2 F P X X Onopordurn acanthium Scotch thistle ONAC F B X X Tamarix parvora Smallflower tamarisk TAPA4 T P X X Tamarix ramosissima Salt cedar, Tamarisk TARA T P X X I - Growth form: T = tree/shrub; F = forb/vine; G = graminoid 2 - Life history: A = annual; B = biennial; P = perennial; WA = winter annual WestWater Engineering Appendix A May 2009 Appendix B Weed Locations along Jackrabbit Extension and Laterals Date Easting Northing CommonName 11/08/2008 743051 4373391 Bull Thistle 11/08/2008 743049 4373494 Bull Thistle 11/08/2008 742949 4373386 Bull Thistle 11/08/2008 743063 4373118 Musk Thistle 11/08/2008 742986 4373122 Musk Thistle 11/20/2008 740421 4376887 Houndstongue 11/20/2008 740345 4376899 Houndstongue 11/20/2008 740335 4376922 Houndstongue 11/20/2008 740263 4376845 Houndstongue 11/20/2008 740228 4376804 Houndstongue 11/20/2008 740269 4376899 Bull Thistle 11/20/2008 740268 4376885 Houndstongue 11/20/2008 740266 4376883 Houndstongue 11/20/2008 740274 4376923 Houndstongue 11/20/2008 740274 4376923 Common Mullein 11/20/2008 740321 4376958 Common Mullein 11/20/2008 739740 4377454 Common Mullein 11/20/2008 739727 4377460 Common Mullein 11/20/2008 738338 4375465 Common Mullein 11/20/2008 740421 4376887 Houndstongue 11/20/2008 740345 4376899 Houndstongue 11/20/2008 740335 4376922 Houndstongue 11/20/2008 740263 4376845 Houndstongue 11/20/2008 740228 4376804 Houndstongue 11/20/2008 740269 4376899 Bull Thistle 11/20/2008 740268 4376885 Houndstongue 11/20/2008 740266 4376883 Houndstongue 11/20/2008 740274 4376923 Houndstongue 11/20/2008 740274 4376923 Common Mullein 11/20/2008 740321 4376958 Common Mullein 11/20/2008 739740 4377454 Common Mullein 11/20/2008 739727 4377460 Common Mullein 11/20/2008 738338 4375465 Common Mullein 11/24/2008 742994 4381139 Common Mullein 11/24/2008 743447 4381523 Bull Thistle 11/24/2008 745125 4382373 Bull Thistle 11/24/2008 745107 4382331 Bull Thistle 11/24/2008 744972 4382252 Bull Thistle 11/24/2008 744875 4382242 Bull Thistle 11/24/2008 743395 4381434 Houndstongue 11/24/2008 744093 4382066 Houndstongue WestWater Engineering Appendix B May 2009 Weed Locations along Jackrabbit Extension and Laterals Date Easting Northing CommonName 11/24/2008 743462 4381541 Common Mullein 11/24/2008 745082 4382322 Common Mullein 11/24/2008 744982 4382251 Common Mullein 11/24/2008 745588 4382827 Bull Thistle 11/24/2008 745410 4382679 Bull Thistle 11/24/2008 745347 4382619 Bull Thistle 11/24/2008 745211 4382464 Bull Thistle 11/24/2008 743569 4381603 Bull Thistle 11/24/2008 745624 4382856 Common Mullein 11/24/2008 745410 4382679 Common Mullein 12/04/2008 742639 4370947 Houndstongue 12/04/2008 742681 4371032 Houndstongue 12/04/2008 742693 4371077 Houndstongue 12/04/2008 742637 4370948 Bull Thistle 12/04/2008 742648 4370988 Bull Thistle 12/04/2008 742654 4371002 Houndstongue 12/04/2008 742672 4371048 ,_ Houndstongue 12/04/2008 742679 4371055 Houndstongue 12/04/2008 742680 4371115 Houndstongue 12/04/2008 742656 4371179 Houndstongue 12/04/2008 742650 4371303 Houndstongue 12/04/2008 742642 4371355 Houndstongue 12/04/2008 742657 4371357 Houndstongue 12/04/2008 742583 4371371 Bull Thistle 12/04/2008 742559 4371352 Bull Thistle 12/04/2008 742471 4371303 Bull Thistle 12/04/2008 742452 4371289 Bull Thistle 12/04/2008 742397 4371252 Houndstongue 12/04/2008 742665 4371417 Houndstongue 12/04/2008 742025 4376389 Common Mullein 6/28/2007 743186 4375999 Bull Thistle 6/28/2007 742887 4375756 Bull Thistle 6/28/2007 741786 4376557 Cheatgrass 6/28/2007 741124 4377203 Houndstongue 6/28/2007 741070 4377419 Houndstongue 6/28/2007 741041 4377501 Cheatgrass 6/28/2007 741028 4377546 Houndstongue 5/5/2009 742698 4378611 Whitetop 5/5/2009 742648 4378625 Houndstongue 5/5/2009 742630 4378598 Common Mullein 5/5/2009 743005 4378328 Houndstongue 5/5/2009 743309 4378645 Houndstongue WestWater Engineering Appendix B May 2009 WestWater Engineering Appendix B May 2009 Wetland Crossing Legend Q Wetland Polygon ) -evrr Proposed Alignment 1 - Previous Surveyed Aliyhnments 419P654I® Figure 2 Enterprise Products Operating, LLC Jackrabbit Extension and Laterals Pipeline Wetland Delineation May 2009 r, 1• WestWater Engineering Consulting Engineers & Scientists Feet 0 1,000 2,000 4.000 INIVE il/M/Maifi1111 ION immirvisar, vir r,lrrnmilriVen.uJInA • r,�, 11 O{}l1IC,'.G ILMIN jM 190ICr-r.1114",FUUrn11I5U IOWncE1aemil vel all own Sway 0 :'N9 Uv Cn\S N koTI(9), II A1ABIENI, I!r(. 1038 Cowry Rd 3236®�* Rifle, CO 8I650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 15- Traffic Impact 9-104 (N) Jackrabbit Extension and Laterals Pipeline Construction The primary staging areas and the pipe materials will be stored at the following locations: A. 7 acre office and yard site located in the NE1/4 NE1/4 of Section 33, Township 7 South, Range 96 West of the 6th P.M.- Garfield County Assessor Parcel Number 2409-324-00-138. B. 21.154 acre Pipe yard located in Sections 5 and 6, Township 8 South, Range 96 West of the 61h P.M.- Garfield County Assessor Parcel Number 2447-064- 00-057. These staging areas have access to Garfield County Road #300 for the 7 acre office and yard site and the 21.154 acre pipe yard has access to U.S. Highway 6&24. Please find copies of these access permits located in Tab 7- Regulatory Permit Requirements. It is anticipated that all of the pipe will be hauled to the construction right-of-way via Garfield County Road #215- Parachute Creek Road with access through Garden Gulch Road. Access Points are noted on the alignment sheets in Tab #2- Vicinity Map 9-104 (A). • Employee Parking —The work day will begin at 5:00 am and end at 8:00 pm, Monday through Saturday. All personal vehicles of employees will be parked at the primary staging area. Only Contractor vehicles will be allowed on to the pipeline right-of-way. Page 1 of 2 • Employee Transportation -- Each work day personnel will be transported to the work area in either Company vehicles or within a large capacity vehicle. • Access from Public Areas — Vehicles will leave the primary staging area, travel East on U.S. Highway 6 & 24 to Parachute, CO. From Parachute the vehicles will travel Parachute Creek Road and the privately owned Garden Gulch Road to access the pipeline right-of-way. • Access Points (AP) — Entrance from designated access roads to the pipeline right-of-way and staging areas is limited to specific Access Points. Access Points are shown on the alignment sheets. • Estimate Traffic Flow — The majority of the traffic outlined above can be expected between the hours of 7:OOam and 8:OOam and from 5:30pm to 6:30pm. There will be 115 pickup trucks, welding trucks, X -Ray trucks, etc., along with 10 large heavy hauling type vehicles during that time. One may anticipate 8 large capacity vehicles during the stated times. Phil Vaughan made contact on 6/3/09 with Jake Mall of the Garfield County Road & Bridge Department regarding this application. 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 of 2 1038 Couvey Rd 323®t. RifIE, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 16- Staging Areas 9404 (0) The primary staging areas and the pipe materials will be stored at the following locations: A. 7 acre office and yard site located in the NE1/4 NE1/4 of Section 33, Township 7 South, Range 96 West of the 6a' P.M.- Garfield County Assessor Parcel Number 2409-324-00-138. B. 21.154 acre Pipe yard located in Sections 5 and 6, Township 8 South, Range 96 West of the 6th P.M.- Garfield County Assessor Parcel Number 2447-064- 00-057. It is anticipated that all of the pipe will be hauled to the construction right-of-way via Garfield County Road #215- Parachute Creek Road with access through Garden Gulch Road. Access Points are noted on the alignment sheets in Tab #2- Vicinity Map 9-104 (A). • Employee Parking —The work day will begin at 5:00 am and end at 8:00 pm, Monday through Saturday. All personal vehicles of employees will be parked at the primary staging area. Only Contractor vehicles will be allowed on to the pipeline right-of-way. • Employee Transportation — Each work day personnel will be transported to the work area in either Company vehicles or within a large capacity vehicle. • Access from Public Areas — Vehicles will leave the primary staging area, travel East on U.S. Highway 6 & 24 to Parachute, CO. From Parachute the vehicles will travel Parachute Creek Page 1 of 2 Road and the privately owned Garden Gulch Road to access the pipeline right-of-way. • Access Points (AP) — Entrance from designated access roads to the pipeline right-of-way and staging areas is limited to specific Access Points. Access Points are shown on the alignment sheets. • Estimate Traffic Flow — The majority of the traffic outlined above can be expected between the hours of 7:OOam and 8:OOam and from 5:30pm to 6:30pm. There will be 115 pickup trucks, welding trucks, X -Ray trucks, etc., along with 10 large heavy hauling type vehicles during that time. One may anticipate 8 large capacity vehicles during the stated times. Phil Vaughan made contact on 6/3/09 with Jake Mall of the Garfield County Road & Bridge Department regarding this application. 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 of 2 • • a .1 y ti'aL0141 C:010:.Ckii€v MaNACFEN1, 1038 Cowry Rd 323162.4"k. RiflE, CO 81650 Enterprise Gas Processing, LLC Jackrabbit Extension and Laterals- Development Plan Review for Right -of -Way Application Submittal Item Tab 18- Garfield County Assessor's Maps 9- 105 (B) Please find attached the following Garfield County Assessor Maps that incorporates all of the pipeline work. Map 2135 Map 2169 Map 2411 Map 2171 Staging Areas 1, Map 2447- 21 acre staging area 2. Map 2409-331- 7 acre office/staging area 3. Map 2445- Adjacent parcels 4. Map 2409- Adjacent parcels 5. Map 2409-284 Adjacent parcels 6. Map 2409-273 Adjacent parcels These maps are provided as per the Garfield County development code. A clearer representation of the alignment and property owners can be found in Submittal Item Tab 2- Vicinity Map 9-104 (A). These alignment sheets have the assessor parcel numbers for the property that the pipeline will be constructed through and the adjacent parcels. Page 1 of 2 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 of 2