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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RECEIVED SEP 212009 GARFIELD COUNTY BUILDING & PLANNING ❑ PIPELINE DEVELOPMENT PLAN 0 PIPELINE DEVELOPMENT PLAN AMENDM T (Check the box that applies) PDP 12908 Li9 11 (40P GENERAL INFORMATION (Please print legibly) ➢ Name of Pipeline Owner: Marathon Oil Company ➢ Mailing Address: 743 Horizon Ct., Suite 220 Telephone: ( 970) 245-5233 ➢ City: Grand Junction State: CO Zip Code: 81503 Cell: ( 970) 640-4851 ➢ E-mail address: crylandCa�marathonoil.com FAX: (970) 245-6287 ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) Description of Project: Revise a portion of the approved right-of-way covered by this PDP to install two (2) 4 -inch Flex Pipe water lines instead of one (1) 8 -inch steel and one (1) 4 -inch Flex Pipe water line as proposed in the original PDP ➢ General Location of Pipeline (Right -of -Way): Located approximately 9 miles northwest of the Town of Parachute ➢ Diameter and Distance of Pipeline: App. 16,000 feet of 4 -inch water lines ➢ General Legal Description: Sections 21, 22, 23 & 28 T 6S, R 97W, 6th P.M. ➢ Existing Use: Gas development, limited grazing ➢ Pipeline ROW Distance (in acres) App. 11 Acres ➢ Zone District: RL — Plateau Last Revised 1/1/09 I. 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 shall 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 plan 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 -Up" (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 which is correct and accurate to the best of my knowledge. September 21, 2009 (Signature of Owner of Right -of -Way) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Marathon Oil Company Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Pipeline Development Plan Amendment (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) September 21, 2009 Signature Date Michael J. Suek Print Name Mailing Address: 743 Horizon Court Suite 220 Grand Junction, CO 81503 Page 4 Reception#: 774252 01 of 22Rec 04:56:06 PM DoceFeen RO,QD Go ARFIELD COUNTY CO Marathon Oil Company August 25, 2009 Via Certified Mail — Return Receipt Requested Garfield County Attorney 108 Stn Street Glenwood Springs, Colorado 81601 RE: Delegation of Authority James L. Bowzer Regional Vice President North America Production Operations P.O. Box 3128 Houston, TX 77253-3128 Telephone 713/296-3400 FAX 713/296-3599 E -Mail: JBowzer@marathonoiE.com Garfield County Board of County Commissioners: Please accept this statement of authority on behalf of Marathon Oil Company, an Ohio corporation ("Marathon"), which duly authorizes Mr. Michael J. Suek, Operations Manager, Piceance Project, and Mr. Donald W. Day, Drilling Superintendent, Piceance Project to act on behalf of, and represent Marathon in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Marathon files of record statement that Mr. Suek and Mr. Day no longer have such authority. Marathon acknowledges that when any such permits are issued by Garfield County, the County may choose to record such permits, and that such permits may contain covenants that run with the particular lands identified in such permits. This authorization replaces previous one filed with your office for Marathon's Piceance Project, and shall be effective until further notice. Should you have any questions about the authority granted herein please do not hesitate to give Ima D. Turner, Senior Attorney for Marathon a call at (713) 296-2558. Enclosure Cc: Chris Cooper, Marathon Don Day, Marathon Lorne C. Prescott, Olsson Associates Michael Suek, Marathon i1 1. CERTIFICATION I, G. A. Karathanos, Assistant Secretary of Marathon Oil Company, an Ohio corporation (the "Company"), hereby certify that the following is a true and correct copy of resolutions unanimously adopted by a written Consent of Directors dated August 9, 2007, signed by all the Directors of the Company: "RESOLVED:That the Regional Vice Presidents, Organizational Vice Presidents, Business Unit Leaders, and the Assistant Treasurer of this Company located in Findlay, are hereby authorized: (1) To execute on behalf of the Company (a) permit applications; and (b) reports required by permits, responses to requests for information issued by any permit issuing authority and permit applications for Class II wells under the Underground Injection Control Program; all as required or permitted under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Toxic Substances Control Act or corresponding state acts or any implementing regulations and any amendments to such acts or regulations; and (2) Where allowed by law, to delegate, in writing, the authority granted under (1)(a) or (b) above to any employee of the Company having responsibility for the overall operation of the regulated facility or activity, or any employee of the Company having responsibility for environmental programs at that regulated facility or activity; and FURTHER RESOLVED: That the resolutions of similar nature adopted on January 13, 2006 are hereby superseded." This is to further certify that the foregoing resolutions are still in full force and effect on this 18th day of August, 2009 and that J. L. Bowzer is a Regional Vice President of the Company and that he is serving in such capacity on this date. IN WI'1NESS WHEREOF, I have hereunt Company this 18th day of August, 2009. 189134.DOC ed my si: a .ure and the sealof the., A :sistant Secretary arathon Oil Company M\ Marathon MARATHON) Oil Company September 09, 2009 Garfield County Building & Planning Department Attention: Fred Jarman 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Rockies Gas Team 743 Horizon Ct., Suite 220 Grand Junction, CO 81506 Telephone 970/245-5233 Fax 970/245-6287 SUBJECT: Proposed Amendment to Approved Pipeline Development Plan (PDP) 12908 Marathon Oil Company Fresh & Produced Water Pipelines Dear Mr. Jarman: Marathon Oil Company (MOC) hereby provides the details of a proposed amendment to the subject Pipeline Development Plan (PDP). MOC is proposing to revise materials installed in a portion of the right-of-way (ROW) previously approved by Garfield County. The details of this revision are provided below and on the maps identified as Attachment A to this letter. A completed application for this amendment and the appropriate fees are also included with this letter. The revision requested is to modify the previously planned install of one 8" steel line and one 4" Flexpipe line, to two 4" Flexpipe lines for approximately 16,000' of the southern segment of the approved PDP. Ideally, the two 4" Flexpipe lines will be collocated with EPCO's 10" steel line providing efficiency of install and reduced overall disturbance and environmental liability. As EPCO has permitted their activity independently of Marathon Oil Company, project timelines have been set for the installation of their infrastructure. EPCO has an aggressive schedule to minimize risks of winter construction and plan to initiate activity in this segment as early as 09/30/2009 with construction to be completed by late November, 2009. If Marathon Oil Company is unable to obtain an approved amendment, benefits of collocating will be lost. Surface Owner Approval As indicated in the original application for this PDP, the surface impacted by this amendment is owned by OXY USA WTP LP and Puckett Land Company. The original agreements between Marathon and OXY, and Marathon and Puckett, that were included in the approved PDP specified that Marathon could install up to 3 pipelines in the ROW but did not specify the size of those lines. As the location and description of easements has not changed, nothing in this proposed amendment deviates from the existing agreements. MOC and EPCO Agreement Attachment B contains a copy of an agreement between MOC and EPCO facilitating the collocation of these pipelines. EPCO County Permit For reference, EPCO's activity is permitted through the County process under `Grading Permit 9-09-1247' Wildlife and Sensitive Plants The wildlife and sensitive plant surveys conducted by WestWater Engineering that are documented in the application for the subject PDP are directly applicable as the location planned for the install is not impacted by this amendment. The only proximal items for this segment are the Raptor sites UNHA-3 and RTHA-7 as shown on the Wildlife Impacts and Sensitive Areas: Raptors — September, 2008 display included as Attachment C. UNHA-3 is an unidentified hawk nest and RTHA-7 is identified to be a Red-tailed Hawk nest. Both sites were identified as inactive in September, 2008. As the recommended seasonal restrictions for activities proximal to Hawk nests are March 1 to August 15th, there are no conflicts identified in EPCO's current construction period. Cultural Sites The cultural survey conducted by Grand River Institute (GRI) that is documented in the application for the subject PDP stated that no cultural sites are identified within 1 mile of the proposed pipeline ROW. As there is no change in route, the results of the GRI survey are applicable to the proposed amendment. Marathon Oil Company understands that we are seeking an expedited response to facilitate collocating of the water lines with EPCO's activity. As the scope change to the infrastructure is limited to a change in diameter and material of one of the lines, it is hopeful that the amendment can be processed expeditiously to facilitate collocating with planned EPCO activity. We would appreciate your prompt response to this request so that construction of these pipelines can proceed to maintain the benefits of reduced disturbance and minimized environmental impact. If you have any questions or require additional information, please contact Curtis Ryland, Operations Superintendent, at 970-640-4851, Doug Dennison, Olsson Associates, at 970-263- 7800, or myself at 970-244-5722. Sincerely, frig c.,1 Mike Suek Operations Manager Piceance Asset Team Marathon Oil Company Cc: Doug Dennison, Olsson Associates Attachments — As Stated ATTACHMENT A 1 Chevron Cabin Manifold & Pump Location Proposed Water Lines Portion of ROW where Ty o (2) 4" Flex Pipes will be Installed Exsiting Private Roads County Roads Parachute, CO 0 0.5 1 2 Mile 1 inch equals 1.2 miles PROJECT NO: 008-2111 DRAWN BY: Leslie Booth GIS Analyst DATE: 9/21/09 PIPELINE ROW MAP VICINITY MAP FRESH & PRODUCED WATER LINES MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO O\OLSSON ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970.263.7800 FAX 970.263.7456 FIGURE 1 1 Chevron Cabin Proposed Water Lines mic_imii Portion of ROW where Tv o (2) 4" Flex Pipes will be Installed Exsiting Private Roads Affected Parcels i Marathon Lease 0 0.5 1 1 inch equals 0.5 miles PROJECT NO: 008-2111 DRAWN BY: Leslie Booth GIS Analyst DATE: 9/21/09 PIPELINE ROW MAP DETAIL OF SOUTHERN SEGMENT OF ROW FRESH & PRODUCED WATER LINES MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO O\OLSSON ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970.263.7800 FAX 970.263.7456 FIGURE 2 ATTACHMENT B Enterprise Gas Processing, LLC Contract 1107897 PART E MASTER WORLDWIDE MAJOR SERVICE CONTRACT JOB ORDER #7 This Job Order is made part of the Master Worldwide Major Service Contract Number 1107897, which provides for the issuance of Job Orders by Company, and is to be performed under the terms and conditions of said Contract and those contained herein. Job Order No. 7, entered into by and between Marathon Oil Company ("Company") and Enterprise Gas Processing, LLC ("Contractor") is effective from the 151 day of January, 2008 and shall terminate on the 31st day of December, 2009. This Job Order contains provisions that pertain speclficaliy to this Job Order. The provisions detail geographic specific terms, additional defined terms, work scope specific terms, and such provisions as necessary to document the obligations of the Parties. Any of these provisions that amend the terms and conditions of the underlying Contract must be clearly identified as an amendment, and signed concurrent with the Job Order, by duly authorized representatives of the Parties. The form of this Amendment is attached to this Job Order as Attachment A. 1.0 Scope of Work Lay and install approximately 16,390' of two 4" Flexpipe lines including related lateral connections and mainline connections in conjunction with the 10° Cascade Lateral (STA 0+00 to STA 163+88) for Enterprise. Minimum depth of cover is 5 feet. 2.0 Company Furnished items Company will furnish pipe, fittings and other material required by Contractor. 3.0 Contractor Furnished items Safety Apparel & Equipment - While at Company's Work Site, all safety apparel and equipment for Contractor's Personnel, including, but not limited to, hard hats, respirators, safety footwear, safety glasses with side shields, safety gloves, fire extinguishers, flame resistant clothing when working at or near a combustible source of gas, ear plugs, welder's gloves and the like, shall be deemed to be part of Contractor Furnished Items and shall be furnished by Contractor, at no additional cost to Company. All such safety equipment shalt meet the standards of applicable regulatory agencies. Contractor Personnel reporting to Work without the proper safety apparel and equipment shall not be permitted on the Work Site. Failure of Contractor Personnel to report to Work with the proper safety apparel and equipment shall render Contractor in default and no compensation shall be paid for such Contractor Personnel until remedied. 4.0 Schedule of Reimbursement Contractor shall be reimbursed as follows: The actual amounts billed by Bamard to Enterprise plus 20% for Enterprise overhead, supervision and handling costs. This cost estimate does not include hydrotesting. The estimate including overhead is $246,000 as fofiows: $53,000 for additional ditch width and depth; $172,000 for the installation of the two 4° Flexpipe lines with tracer wire and locating tape, and install lateral and mainline connections; As billed for hydrotest including but not limited to water supply and disposal fees; $21,000 for additional pad and backfill. 5.0 Payment Terms Except as provided within Article B7: "Payments", Company shall make all invoiced payments under the Contract within thirty (30) Days following receipt of the invoice from Contractor. Part E -J0 Format Page El Document 13355002-061213 Enterprise Gas Processing, LLC Contract 1107897 Contractor shall provide the following information on each invoice. Failure to do so will result in delayed payment. Required Information: Marathon Oil Company Rockies Gas - NAPO Piceance Basin Contract No. 1107897 Job Order No. 001 WBS/Cost Center No. PF.07.15898.CAP.001 InvolcestCredit Memos Address: Marathon Oil Company Attn: Rockies Gas - NAPO Piceance Basin P.O. Box 22165 Tulsa, OK 74121-2165 Invoice Related Correspondence IBM BTO Solutions Contact Center Attn: Marathon Oil Company (or entity named in Job Order if different) Room S664B 521 S Boston Tulsa, OK 74103 Accounts Payable questions may be directed to IBM BTO Solutions Contact Center at 866-323- 1836. 6.0 Representatives Company's Representative: Contractor's Representatives: Curtis Ryland Cody Deru The Parties acknowledge that they have read this Job Order, understand it, and agree to be bound by its terms and conditions. Further, the Parties agree that the entire agreement between the Parties relating to the Work described herein consists of: 1.0 This Job Order 2.0 The Job Order Attachments and Exhibits, if any 3.0 The Contract, as defined in Part A, Article A2 This statement of the entire agreement supersedes all proposals or other prior agreements, oral or written, and all communications between the Parties relating to this Job Order. Except for any amendments to the Contract contained within Attachment A to this Job Order, in the event of any conflict or inconsistency between the terms and conditions of the Contract and the Job Order, the terms of the Contract shall govern. For purposes of executing this Job Order, facsimile and electronic image transmissions of signatures shall be considered as original documents. COMPANY CONTRACTOR By; I ?11 serikin Name: 1.4,N-4- u SD. Titte: 0peir N taLutayer- Date: 5„e/f- 21 j Zoo `l e'er By: Enterprise Gas Processing, LLC Name: FPrivett Title: Dire for PM, Western Region Date: September 9, 2009 Part E - JO Format Page E2 Document 13355002-061213 —"i'QHMEN`e" C Figure 1 Cordilleron Marathon Waterline Wildlife Impact and Sensitive Areas Raptors - September 2008 WestWater Engineering Environmental Consulting Services Miles 0.5 1 2 Legend Raptor Nests * Active * Inactive Piceance hiadderpod Proposed Waterline �— Garden Gulch Road Raptor Nest Buffer (1/3 mile) E.]Km DMD -OM," xdiheren uamnban-.a y'< c, Fanr,�•