HomeMy WebLinkAbout1.0 Application3
o
SPEGIAL USE PERMIT
APPLICATION
North Parachute Ranch Guttings
Storage Facility
GARFIELD COUNTY
COLORADO, USA
WAGON WHEEL CONSULTING
111 E. Third St, Suite 213
Rifle, CO 81650
(970) 625-8433o
t-
SPECIAL USE PERMIT
ENCANA OIL & GAS, INC.
NORTH PARACHUTE RANCH CUTTINGS
STORAGE FACILITY
TABLE OT CONTENTS
I.
il.
ilr.
IV.
v.
vr.
vII.
vrII.
rx.
x.
xI.
xII.
xilI.
XIV.
xv.
SUP Apptication
Associated Permits
Project Description
Impact Statement
Area Topo Map
Site Plan
Proof of Ownership
Legal Description
Assessor Map
Surface Owners
Mineral Owners
Engineering Standards
Fire Control Measures
Soil Features
Landscaping and Reclamation Plans
nL-/
nL-/
GARFIELD COUNTY
Building & Planning Department
108 8tn Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970. 945. 8212 Facsim ile : 97 0.384.347 0
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address / General Location of Propefi: Approximately 2.25 miles
northeast of the guard gate located at the north end of County Road 215
Legal Description: SW1/4/SW1/4, Section 30, Township 5 South, Range 95
West, 6th P.M.
Existing Use & Size of Property in acres: Rangeland, Oil & Gas exploration,
27 ,0OO acres
Description of Special Use Requested: Construction and operation of a
cuttings storage facility. The facility will store drill cuttings derived from drilling
natural gas wells with the immediate arca.
ZoneDistrict V L ?,ESo uK. cE 4eo5
Name of Propertv Owner (Applicant):
Address: 792 Buckhorn Drive
City: Rifle State: Co. Zip Code: 81650
Telephone: 970-625-6600
FAX: 970-6254636
Name of Ourner's Representative, if any (Attorney, Planner, etc):
Telephone: 970-625-8433
City: Rifle State: Co. Zip Code: 81650 FAX: 970-625-8435
Jimmy Smith, Wagon Wheel Consulting, lnc.
Address: 1 1 1 East 3'o Street, Suite 213
STAFF USE ONLY
o Doc. No.: Date Submitted:-TC Date:
Planner:Hearing Date:
o
o
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to allthe following items below and attach any additional
information to
be submitted with this application:
st. pleasesubmit, in nanative form, the nature and character of the Special Use
requested.
Submit plans and supporting information (i.e. letters from responsible agencies). lnclude
specifications for the propoJed use including, but not limited to, the hours of operation,
the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis,
and
the size and location of any existing and/or proposed structures that will be used in
conjunction
witn tfre proposed use, and provisions for electric power service and any other proposed
utility
improvements. Be specific.
,22.'lt youwill be using water or will be treating wastewater in conjunction with the
proposed use,
please detail the amount of water that would be used and the type of wastewater
treatment. lf
you will be utilizing well water, please attach a copy of the appropriate well permit and
any
other tegal water supply information, including a water allotment contract or an approved
water
augmentation plan to demonstrate that you have legal and adequate water for the
proposed
use.
,2. Submit a s1e plan /map drawn to scale that portrays the boundaries of the subject
property, all
Lxiitinj and proposed structures on the property, and the County or State roadways
within one
(1) mile of your property. lf you are proposing a new or expanded access onto a County
or
State roadway, submit a driveway or highway access permit-
4. Submit a vicinity map showing slope / topography of your property, for which a
U.S.G.S.
1:24,OOO scale quadrangle map will suffice.
r,,6. Submit a copy of the ippropriate portion of a Garfield County Assesso/s Map
showing all
minerairights owners of the subject property and public and private landowners adjacent
to
your property (which should be delineated). ln additional, submit a list of al! property
owners
and their addresses adjacent to or within 2OO ft. of the site. This information can be
obtained
from the Assessor's Office.
(SuUmit a copy of the deed and a legal description of the subject property.
8) lt you are acting as an agent for the property owner, you must attach an
acknowledgement
from the property owner that you may act in his/her behalf-
n\. -,/
nL/
g. Submit an statement that specifically responds to each of the following criteria from
Section
5.03 of the Zoning Regulations:
(1) Utilities adequlte t6 provide water and sanitation service based on acc,epted
engineering standards and approved by the Board of County Commissioners shall either
Oeln pUcJor shall be constructed in conjunction with th-e proposed use'
(2) Stieet improvements adequate to accommodate traffic volume generated by the
proposeO use and to provide safe, convenient access to the use shall either be in place
or
shall be constructed in conjunction with the proposed use;
(3) Design of the proposeduse is organized to minimize impact on and.from.adjacent
uses of i-and through installation of screen fences or landscape materials on the
periphery
bt tn" loi and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
9. Depending on the iype of Special Use Peimit requested, you may n-eed.to respond to
additional review stand'ards in the Garfield Gounty Zoning Resolution Section 5'00
[Supplementary Regulations]. This may include uses such industrial uses [section
s.03.07 &
5.03.081, Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc'
Specific
sections of the Zoning Resolution which can be located on the Garfield County web site
at
http.//www.garfield-county.com/building-and-planning/index.htm, or information can be
obtained from this office
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and
provide the
fee with the aPPlication.
1 1. Submit 2 copies of this completed application form and all the required submittal
materials to
the Building and Planning Department. Staff will request additional copies once the
Special
Use Permit application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the special Use Permit Application review process
works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental
information to the
Garfield County Planning Department. lt will be received and given to a Staff Planner
who
will review the application for technical completeness'
2. Once the appiication is deemed technically complete, the Staff Planner will send
you a
Ltt"r indicating the application is complete. ln addition, Staff will also send you a
"Public
Notice Form(s)" indicating the time and date of your hearing before the Board of
County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff
Memorandum
regarding your requested special Use. (lf staff determines you application to be
deficient,
a letter will be sent to you indicating that additional information is needed to deem
your
application comPlete.)
g. it is solely the Applicant's responsibility to ensure proper noticing occurs regarding
the
requested Special Use and the public hearing. tf proper notice has not occurred,
the
public hearing will not occur. Notice requirements are as follows:
a. Notice Uy prlUIication, including the name of the applicant, description of the
subject
lot, L description of the proposed special use and nature of the hearing, and the
daie, time and place foi tne hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject propefi is located at
least thirty (30) bJt not more than sixty (60) days priorto the date of such hearing,
and proof oi publication shall be presented at hearing by the applicant'
U. trtotice by mail, containing information as described under paragraph (1) above'
shall be mailed to all owners of record as shown in the County Assesso-r's Office of
lots within two hundred feet (200') of the subject Iot and to all owners of mineral
interest in the subject property at least thirty (30) but not more than sixty (60) days
prior to such hearing time by certified return receipt mail, and receipts shall be
presented at the hearing by the applicant.
c. The site shall Oe posIeO such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department.
The posting mGt take p[ace at least thirty (30) bu! 1ot lnore than sixty (60) days
prioi to tn"-frearing datb and is the sole responsibility of the applicant to post the
notice, and ensurjthat it remains posted untiland during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at
the time
and date of the public hearing at which time the Board will consider the request. ln
addition,
the Appiicant shall provide proof, at the hearing, that proper notice was provided'
5. Orne the Board makes a decision regarding the Special Use request, Staff will
provide the
Applicant with a signed resolution memorializing the action taken by the Board.
Following
the Board's approva!, this office will issue the Specia! Use Permit to the applicant- lf
the
Board's approval includes specific conditions of approval to be met, this office will
not issue
the Official Special Use Permit certificate untilthe applicant has satisfied all
conditions of
approval. The Special Use Permit approval is not finalized untilthis office has issued
the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
o
! have read the statements above and have provided the required attached
information
to the best of my knowledge.
of applicanUowner) Last Revised: 1'l lo7 l2oo2
L/
nL-/
June 7,2005
Richard Wheeler
Garfield County
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO. 81601
RE: Agent Authorization
4rr,
og^g-%,
''q1r^to*3-artO, otJ\
'*&.+,o
Mr. Wheeler,
Wagon Wheel Consulting, tnc. (Jimmy Smith) has been retained by EnCana Oil & Gas
(USA) Inc. to request a Garfield County Special Use Permit for a Cuttings Storage
Facility at the North Parachute Ranch property located north of Parachute, Colorado.
I authorize Wagon Wheel Consulting,Inc. to act as agent on my behalf. Please call me at
970-285-2686 if you have any questions or concerns.
Sincerely,
Field Operations Leader
I
.ARFIELD couNrY Bui;B'l'."-#x?#ANNING DE*ARTMENT
I
t fH:H,:#t xH'iltit?:fli:ff:Jlyf,:ffi*:X?:Sl,ffifll [T;:.*],i;Ji"li;has es,abrished I
l **[*H,nrr:,*m1:g* **d l
I H,.; fig.{ffi*'r-'Hlr,'*lhifiufftH:flu#H',l*.1,f I
I
I
Ol-
I
I
GARFIED COTINTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
1Jr" following Base Fees shall be received by the County at the time of submittal of any procedural application to
*hich such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of
consulting service detemrined necessary by the Board for the consideration of any application or additional
County stafftime 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.
E
r
I
Lonlngo.
T
I
I
TYPE OF PROCEDURE
Vacating Public Roads & Rights-of-Way
Sketch PIan
Preliminary Plan
Final Plat $200
Amended Plat $100
Exemption fromthe Definition of SuMivision (SB-35) $300
Land Use Permits (Special Use/Conditional Use Permits)
Administrative/no public hearing $250
Board Public Hearing only $400
Planning Commissisn and Board review & hearing $525
Amendments
Zone District map amendment
Zone District text a:rrendment
Zone District map & text arnendment
PUD Zone District & Text Amendment
PUD Zone District Text Amendment
Board of Adjustment. Variancet Interpretation
Planning Staff Hourly Rater planning Director. Senior Planner. Planning Technician. Secretary
County Surveyor Review Fee (includes review of Amended
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
BASE FEE
$400
$32s
S675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Swvey
$4s0
$300
$s00
$s00
$s00
$2s0
$2s0
$50.s0
$40.s0
$33.7s
$30
Determined by Surveyor$
$11-l$page
$10 each additional page
Page2
5.
The following guidelines shall be used for the administration of the fee structure set forth above:
1. AII 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. Anybillings 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.
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 bome 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.
If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above.
Types of '?rocedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staffrate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
-1
.l
7\
t-)
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD CoUNTY (hereinafter COLINTYI aIrA Eu Grva O ; t / Ga-s (U SA ), f
(hereinafter APPLICANT) agree as follows:
APPLICANT has submitted to COLINTY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each fype of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COLTNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fulI extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COLINTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for pubiication or cost of
J.rsrlting service determined necessary by the Board of County Commissioners for the consideration of an
Ipplication or additional COLINTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COLINTY to reirnburse the COLINTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COIINTY of any land use permit, zoning amendment, or subdivision plan.
CANT ,
)-U.-*Z -dof* UA,./ Gtsu/l,nf tIn<..
J*<-
Date:6-/3-a5
Mailing Address:
Page 4
lat
oit and rjtSlX$,9,llJ;t mmission.,
oo,,,no ffi
foi oGcc t st ort
Surrty lD:
,. ll20l.infiStril.SuinEltl.Damr,G4qrQlGtrg!.139!tsqt?f0i-Efl!00 ss1'zt0g lY
CENTRALTZED E&P WASTE UANAGETTIENT FACILITY PERiI]T
Submit 3rb Form a.td accompanying docunrGnts foreach hcility per Rule 90E. Finarrcial
Aszuranoe hr the ernount of 050,000 ie requfocd to operate each hcilily'
Itlrrrrnd ?otrpholr:
Brant Gimmeson
rr:02O)87G503Ot-,@
OcGG@.Etorllunbrr: 11 '1"i' . ,
l{I|r orop.r.b"
A.rdrrr 370 17th Street, Suite 17(D
&rfeo Orrrr (t rtilllrcnl thrn.bort): -.4&@
L@rtito (ottOf, Scc. Tr4, Rttg, llar):
sw6w, s30, Tss, R95W,6tl
[rur.&: N .3,9.5804 deg.
NPR Cuttings Sbrage Facility
Addrro: 10652 Garfield Gou.nty RTd 21p
p166. (970) 28$9a96 p.r, N/A
1. ldl.litlnrtajllhr!]cl? Dv Ef 2, tlrh|t rrc tro rvorlgo rnnual DGcipiblirn.nd Gv.porrlon rrla h lhc rb?
Prradoitrtbnr 13 ircrri*.rr Evrordbo: 45 hdrclryGt,
@opoer+try,Fohgyudhydrobgyb.rn.&rci.dl @ v E N
f. H$ r tbc'ftin ol 0r rlunf l.nd ura bGdr .d&h.d?@v [r 5. ]t.l r l:2a.O0O lopogrrphb mrp $oihg thc ril. locrlbn
becnddtcd?Ev D r
6. Hil r db rrn rtrcrrg Or.inr0o gallrma. .Lyfitbn of coilrin rlnt dru(tunul Ipt(l, bncbg, ltd(l, Pib. buildingo ad my olirr pcrtil.nt
erubudmdrlrtlbcclrdbdttd? El V El
IrL ia nd oilt d by lhc ogor&r, btrin n ru[to]it lirn ollh. rrlrhcr
ilnddlsdtcd? flV On
t.t.lhr r rcebtl tltowim rnd nnw, rhorfrg thr afic rdion(r)
comdnhe rho Dropocd l&ilfy beui r[.drcd? E V E n
9. wtr{"il.Lnt. fr.m Uccn lmpgmntnt to llnrit rst. to Ol. flcily by wiuIh. domotc rnhC. or by nranrbrn ol lhr puHlc? Brbffy oryleh.
The gab anal sar,.ity [rnr et the nrrferty enhanm will nrnue'rt r,nardhaizerl m,hlie eeesn Ufll.firtliqgn ndl he sistdllzFt{ hY .
cernent ard/or b the
(xto
lO. lt hd! r phrurod firirnr ol rr b.d tob.t ln width rrqrnd lir ldilt
trljmnlar!0mduittrlnlhopcrirftrfbtta? CI y D X
t l. L $ir! .o .ddilurrl hfit zorp ol d hrrl f O hot *iu|h ll!
6rinr{.rfirclm? Bv El x
12. Hm rutlcr mb, dhrardfi *uolut! blrn tpntudtd b tc(flr'lmodda
.loGycrr,2il-lrorcwnt? 0V E x
13. Ho. rastr profib ban c*ul.bd mordirg to Rrrh 0OE.b'6?EIv En
14. Hu lraEy dcrigo rnd cngkrofig boan ptovitcd u lquird by
Fubg0o,i,r? Elv Ex
t5. H.r .n og.[li.ro phn bocn co.nPlcld.. ruqulrcd iy Rub 908'b,8?Ev Ex
HD ground s.br rnonitoilrg for thl rlr bon povird?Ov E) x -AEdl Ut llg_AnrlFi! Ropo,t, Forn 25. hr rtdl mnltoTlQ! w![ lnffhd.-to.
l?. th. finrmial Lut nc. b.n prollad c resr*od b, Rrb 7Oa?
El v E x
18. Hrr r ficurr plrn b.!n ProvldGd?Elv EIr
tO. ttyr loc.leN..nrnDnl ]lqsbamfltl lor:oning rnd conrbuclion bscn
conflhrtwth? El v Er
20. Hil p.rrnlr rnd nothcrtirnr ruquirrd by locrlgpv.mtrlfia and
otrcrrgcncb hcn proYldcd? EIv I tt
PrinrName: Brant Gimmeson
Signod:
COilIINONS OF APPROVAL IF ANY:
Tlilc:EH & S AdMsor
Oeb:
Dals:
O€CCApp,ottd
Facllity Number:
)
t
Comploto tlrAttrdun nt ChectlLt
o TUr:
Part I Project DescriPtion
The North Parachute Ranch Cuttings Storage Facility will be used by EnCana Oil and
Gas (USA), Inc. (EnCana) to store iritt cuttings derived from drilling natural gas wells
within the North Parachute Ranch (ltIPR) property.
The driling of natural gas wells generates drill cuttings (cuttings) as formation materials
are brouglit to the r*fu"" while the drill casing advances. Typically, cuttings are
disposed-of within the reserve pit which is then backfilled during well pad regrading.
Multiple well pads are becoming more common. These pads enable meeting drilling
objeciives whiL minimizing surface disturbance, as compared to single well pads. The
arlUrrg of muttiple wells from a single pad produces more cuttings per pad than
traditional single well pads. A result of this is that the reserve pit may become full prior
to drilling att wetts on a pad. Additionally, wells that will be drilled in sensitive areas
may be i.iff.n using closldJoop drilling technology. N9 reserve pit is constructed for
closed loop drilling and all cuttings must be disposed of off-site.
Traditional disposal methods for excess cuttings have included placement on road
surfaces, use as general fill material, or disposal at commercial landfill facilities- EnCana
has evaluated cuttings disposal altematives and decided that disposal of cuttings within a
centralized storage fu"itity is currently the best method, considering both operational
requirements and environmental affects.
The storage facility (described further in Part II) would have a 5 foot tall perimeter on the
north, rorith and east sides. A small berrt, about l8-inches tall, would be on the west side
and would divert run-off water away from the facility. Trucks would deliver loads of
cuttings and off-load the material at the west side. Periodically, a small dozer would
rpr"ud th" cuttings from west to east tn a 12 inch lift (initial lift 24-inches thick to protect
jeosynthetic liner). Cuttings would be compacted by track-walking the entire lift surface
with the placement dozer.
The facility witl be perrritted concurrently under the authority of th9 Colorado Oil and
Gas Conservation Commission. EnCana will maintain compliance with the conditions of
the County and State authorizations and the operator must be familiar with the conditions
placed on operation of the facility.
nL/
nL-/
rl
\-/
ATTACHMENT E
OPERATING PLAN
NPR CUTTINGS STORAGE FACILITY
The NPR Cuttings Storage Facility will be used by EnCana Oil and Gas (USA), Inc' (EnCana) to
store drjll cuttings derived from natural gas well drilling operations on the NPR.
The North Parachute ltanch Cuttings Storage Facility will be used by EnCana Oil and Gas
(USA), Inc. (EnCana) to store drill iuttings <Ierived from drilling natural gas wells within the
North Parachute Ranch CI-IPR) property-
The drilling of nahpal gas wells generates drill cuttings (cuttings) as formation materials are
brought to ihe surface while the drill casing advances. Typically, cuttings are disposed of within
the reserve pit which is then backfilled during well pad regrading'
Multiple well pads are bc-coming more common. These pads enable meeting drilling objectives
while minimizing surface disturbance, as compared to single well pads. The drilling of multiple
wells from a single pad produces more cuttings per pad than traditional single well pads- A
result of this is
-thai the reserve pit may become fuII prior to drilling all wells on a pad.
Additionally, wells that will be drilled in sensitive areas may be drilled using close&loop drilling
technology, No reserve pit is constructed for closed toop drilling and all cuttings must be
disposed of off-site-
Traditional disposal methods for excess cuttings have included placement on road zurfaces, use
as general fill material, or disposal at commercial landfill facilities. EnCana has evaluated
cuttlngs disposal alternatives and decided that disposal of cuftings within a centralized storage
faciht] is currently the best method for handling excess cuttings that can't be practically dealt
with by otrer means, considering both operational requirements and environmental affiects.
The storage facility would have a 5 foot tall perimeter berm on the north, soulh and east sides. A
small berm, about l8-inches tall, would be on the west side and would divert run-ofl water away
from the facility. 'I'rucks would deliver loads of cuttings and off-load the material at the west
side. Periodically, a small doznr would spread the cuttings from west to east n a 12 inch lift
(initial lift Z4-inc[s thick to protect geosynthetic liner). Cuttings would be compacted by track-
walking the entire lift surface with the placement dozer-
The facility will be permitted concurrenfly under the authority of the Colorado Oil and Gas
Conservation Commission. EnCana will maintain compliance with the conditions of the County
and State authorizations and the operator must be familiar with the conditions placed on
operati on of the facility-
rl\- -/
rll/
rl
!^.
Part II ImPact Statement
The location for the cuttings storage facility was selected for a number of beneficial
reasons:
l. The proposed location is on top of the spent shale/retort pile which already
contains solid waste materials g-nerated by Unocal from oil shale mining and
processing operations.
Z. th" p.opored location is "high and dry" and is located well some distance from
and ii higher in elevation than the East Fork of Parachute creek.
3. The proposed location is central to operations on the NPR. This will shorten
truck trips and lessen the need for truck travel off the NPR to other facilities
located closer to Parachute or Rifle.
The cuttings storage facility does not differ significantly from the past oil shale waste
disposal aid current natur;l gas exploration and production related land uses. The
location is relatively remote. -The nearest residence is located approximately 3 miles
south of the site. A cuttings storage facility presents relatively benign effects in terms of
noise, odor, dust, and visual impaCt and sufficient distance exists to provide protection to
surounding properties from the minimal impacts of this facility.
The facility will be in continuous use and operation 24-hours per day, year-round'
However, tire majority of activity at the facility will occur during normal business hours.
At maximum usage the facility is expected to require an average of approximately 10
cuttings transport truck trips plr day into and out of the new facility. The majority of
these
-trips witt Ue on exisiing private roads that already service natural gas operations
within the NPR. Cuttings hauf trucks will operate primarily during daylight hours and
will be traveling to and [om well locations in the area. Heavy trucks already travel the
roads in the North Parachute area, therefore the new facility is not expected to require
specific improvements to the existing roads. It is anticipated that at maximum facility
use, 2 du*p truck trips and one pickup truck trip will occur each business day. These
vehicles are for cu6ings transport and for one equipment operator. It is expected thal
these vehicles will come from contractor yards in the Rifle or Parachute area each
morning and will return to their yards at the end of each work day.
This facility is designed to protect groundwater and surface water resources. The storage
facility wili be suriounded-by a so1l berm and will be lined with non-woven geotextile
fabric and a single 40-mil high-density polyethylene (HDPE) or 45-mil Hypalon liner.
The perimeter berm will serve to contain both drill cuttings and run-off water from the
100 year, 24 hour storm event and will divert mn-on from surroturding areas away from
the facility. There will be no sewage or solid waste generated on the site'
A security gate and guard shack are located at the end of County Road 215 near the
property Uo""A*y. A guard is posted at the gate during peak operating hours (currently
^Z+ io*r per dayj and after hours the gate is locked. The security gate precludes public
access to the site. The adjacent properfy characteristics and surrounding land uses are
such that a visible barrier fence should not be necessary. Signage includes the company
name and address as well as a 24-hour toll-free emergency phone number.
The NPR cuttings storage facility will occupy about 1 acres of an approximately 27,000-
acre parcel. Aciordinito witaiife distributiorr rnupr from the Colorado Department of
wildiife, the site is lo-cated on winter rangeland for mule deer, elk and turkey' The
limited size of the facility will not block wiianfe migration routes. Cuttings to be placed
within the facility will be stabilized/solidified prior to transport to the facilitr. Stabilized
cuttings will not generate water nor present an entrapment hazard to animals'
No equipment will be installed at the facility and exposed liner materials will be on the
interior if m" perimeter berm. Visual impact to the area will be negligible due to the
minimal amount of surface equipment at thi site. No public utilities will be needed at the
facility.
The expected life of the NPR cuttings storage facility is 1 to 3 years. Reclamation of the
facility is outlined in Part VII of this document.
ATTACHMENT A
SITE DESCRIPTION
NORTH PARACHUTE RANCH CUTTINGS STOIIAGE FACILITY
The site area is located in a remote area along the Parachute Creek drainage north of Parachute in
Garfield Cotrnty. The proposed cuttings storage facility will be located on the top surlace of the
Unocal retorUspent shale'pile. The iopography is relativety flat and slopes to the east at an
approximate 3* gade- Tire location oi tt " proposed North Parachutc Ranch (NPR) facility is
underlain by 3 to 5 feet of cover soil and up to 100 feet of spent shale. The cover soil on the
retort pile is a gravelly, sandy silt. Ephemeral East Fork of Parachute Creek runs east to west
approximately Z mile ,south of the faciiity location. 'rhis drainage will not affect operation of the
storage facility.
Information from the site-specific soils investigations indicates that the depth to alluvial ground
water near the cuttings fa"ifity is approximately 120 feet below the elevation of the proposed
facility bottom. The Iepth to ground water along with water chemistry, and chamcteristics of the
underiying soil indicate that the site is within a non-sensitive area. The cuttings facility is
designed to protect surface and ground water resources. The pond will b€ lined with a base 3 to
5 fe€t of cover soil, overlain Uy an t ounce per square yard non-woven geotextile, 40 mil HDPE
liner, overlain by a second layer of non-woven geotextile (see Attachment D Facility Diagram)'
lf groundwater is enoountered during construction, monitoring wells will be installed and
sampled regularly.
ntL-l
r-l
\.i
ATTACHMENT B
DESCRIPTION Otr'ADJACENT LAI\D USES
I\IPR CUTTINGS STORAGE FACILTTY
.the Norttr parachute Ranch (NpR) cuttings storage facility looation is ccntral to EnCana
operations in the area. This will shorten truck trips and reduce the number of tnrcks traveling on
darfield County Road 215. The operation oi the cuttings storage facility does not differ
significantly from the srrrrounding land uses, which in the past included disposal of solid waste
gJnerated irom oil shale processlng and are currently related to oil and gas exploration and
production.
The location is relatively remote. The closest residence is approximately 3 miles south of the
site, with other area ,"rid"n"", lying approximately I0 miles south of the site in Parachute. A
"utting,
storage facility presents ietJtiuity benign effects in terms of noise, odor, dust, and visual
impaci, therefore sufficient distance exists to provide protection to surroundrng properties from
the minimal impacts of this facility'
t
o
n\./
ATTACHMENT F
STORED MATERIAL PROFILE
NPR CUTTTNGS STORAGE FACILITY
The material within the NPR cuttings storage facility will consist entirely of cuttings generated
from the drilling of natural gas wells on EnCana's North Parachute Ranch property. Cuttings
have been characterized by the analysis of 4 samples collected from 4 different well pads on the
NPR. Two samples are of raw drill cuttings and two samples of stabilD.ed drill cuttings.
Analytical results me summarized on the following table.
o
I/
t
I I)
EnCana - North Parachute Ranch
Summary of Drill Cuttings AnalYsis
COGCC allowable concentration
Parameter
H22
Cuttinos
M14
Cuttinos
K04
itabilized
Guttinos
H17
Stabilized
Cuttinos
rH (su)12 9.0 11.0 8.2 6.0 - 9.0
SAR 24 301 23001 2800
39 <12
tfi100 a mmos/cm or 2x baq[ground
Spe (umhos/cm) . I 77ool
---f6T
Arsenic (mg/kg)4.8 4.2 2.5
Barium (ms/kg)2700 5200 2200 6000 180000
Boron (mg/kg)<100 (o)<100 (o)<10 <10 z mgfl
<0.25 26
CaOrnium (mg/kg)1.2 1.1 0.78
dfrromium (m-s/Kgl 12 11 58 25 1500
Copper (mS/kS)20 22 2E 17 750
Lead (mq/kg)42 26 9.4 13 300
tlil.rhdenrrm (mo/ko)1_4 2.2 6.1 1.7
lmrrru lma/ko)0.032 0.022 <0.020 0.030
Nickel(mq/ks)15 12 20 NT 210
ilto^i.,m imn/kn\<10 (o)<10 (o)4.0 <1.0
Sitver (msfu)<5.0 (o)<5.0 (o)<5.0 (o)<0.50 100
Zinc (mq/kg)53 I 1.51 831 37 1400
6-enffidEs)0.M8 0.015 0.032 0.@7 N/A
Toluene (mq/kq)
Ethylbenzene (mg/kg)
<0.025 <0.025 0.030 <0.025 N/A
<0.0025 0.0025 0.0016 <0.0025 N/A
0.0088 N/A
Total Xylene (fnj4gl <0.0075 <0.o075 0.0'16
TPH Iowfractbn (mg/kg)<0.50 1.2 0.66 0.74 ffi,600 nan-sensitive
24 50 120 100 I PH l,UUU IN SENSIUVE
SAR-sodiumadsorptonra[o'UpU-SpeG,IluUUt|uur/lotll
umhOs/cm - micromos pei centlmer, mmos/cm - millimos per centimeter' mg/l - milligrams per liter' and
Nl-notIelteo. .,,, :: : r::,::i:i:=:::::::ir:i::::;i ;Iii;;;EliiET;;Iraka
AneiysE noEa: (o) - (ESC) Sample dlluted due to marnx rnrerrErerreE
an am.rate analylical &termination. The detection limit is elevated in order to reflect the necessary
drlu$on.
Samples from the H22and M14 areof raw.drillcuftings'Samples from K04 and H17 had been stabilized
linn ananis llikelv cement and flV-ash).
by Biosol lnc. mmure or c-rurungs altu PruPrrg'l r -Evrrrcel,vr. UJYITY \,-:-;r -- j: , -!.
, -. A:r __r
ilffiGCC has no standards for BTEX in soil; State of Colorado' Ulvlslon ot LaDor' vrrrtE t.,t L'il arr
publh Safety Ri"k-B"sJ screeninn Ler"lt fot BTD( in soilate thown on the followino paoe'
n\- -/
aoNo
a\{t\b
*isatrI{I
I
t\
v2tl{
oo6r
E
ol4
bo
(.52I
BEpa
trTZo<i
r-.1 grdE .^3o+zAHEl oEIE,aA
oz
Erl
E!erD(V)
5
Il*lulzli,lzIU
lryl6l6l6slE;il
oz
-{.
v)p
a
()
dd
do
tll mt* *gffi **E ffiffi*ffi
JE]UFo
dEBa i-;o c/i;l
aE8adt'
s :iEr G:E<U5 EHeU tsiE
H
.BE
trsoO *-.a=i8e5A ieootrtuB
<__z=
uio -4. NDn
i6
f6
;>
z6 ao+t dl
@+t
2
63
lrd
rEEl-a
--- iE4
UTE----r lgE
4i3
2dgr
TE
lugE
;g
E;
8'e
FI:
6!ECo6
EE
IFTH
Jg
*'
ilL
3.{F-
$LP,' /30srH
E-uF
-Y_ ltuoui
ri
E
5
E
Goh .o) Ms , dr
o
o
o
{
${ilo
saI
Rl-5$
qcZ$>6EIEYds
or*iz6S4az
"FFj6 ^-
6l99*.
EEQfllohOEzeo
2Nr{tr
3aAvlDa
it
i;: [E:[ iE=n .E : clE E
tffi ffiI Hu ffiffi-m
2rddi6d
=4
E
a
FTF'6Li
=olr)0et
-aAAlI)OF(J
co'>NF2.2rz>
aEsF()^< tr]qg orE
5ntsoE
{()*I
edL!(oF
-1El
F]()
-1
cnoApo
()z!:aFF
()
c
ElalnlEltv7oAoE
P.
cilzl
1t,^I<talD
a
o
dd
Fl
o
z
C)2
ET
I
6
ja _-t--
EF6
'o
!3
Hs
B}
3ao6
4t
HN
d
3
'68
,?Go
E}
t
U
b_
pE
(*[ ,r) nBE s dor
I
I E+3 Aa BE tH t
ts s'!
m+z {Ntrt
_,Gfi= EP: Bb!\ i- Z^u)\ trgQt ot
o
oo
+N
oo+
6-
L-
.3e
f,l
,.6o?
Ft
6t
qH
6E
Hr
il6L--
_-a_*
I
()
o-
F
()
LrlJ
t-ot
o_
J
()
o-
F
m
UJ
-JtroE
o_
I
E
Hq
eE
-d
E5
6f
EBB
j
-1El()Fo
-trJ6r{ Et
ilH mE
8lH sE
=.-lo z*? 9
3lE EEq ;
:lq grH +olE og 3
EI; ;;'8 e5E{ HCooEA
8
Be
1Z
EE
Pr
[g-
ar36-bl
0:6_
=t
oo
+n
oo+N
oE
@
p-
5zil
dts
E=6t
--o
o
6
o
ESEIE\6S
ei{'<f<.FF
iE^*
g3*
fEQF{ I r'l
HAo9RFl E3aAvrDa(ng
o
o
o
J
o
o-
ts-
Lrl)
t!o
E.o-
oo
@
o
co
@
oN
@
o
@
@
oo+N
oo+
lo
l?l'
>8
ErE
sE6
{uE,+E
Aei
ieH
-/,
I
irA{,:i "LHL
('
'i
t-lO
=T
Jr
I S9NUIB iU
!
I
I
trc,51
I
I
I
E-)6E '.
-dt-i'--
tsil "-h6t-
\-**{#
___c[i,
-;:-'t_,;E
a4
i-
oa
@
o
@
6
or
@
o
@
@
o
O)
@
oF
@
oro
@
+
oO+O
Jtr)rr
Ad
1z
5E
b: /,/ rfl'
Ef4
-E
3E T
I
I.\
I
Itl ?
.q
E:-r3
\
9d
E9
268ea.
4 s AYic__ aZ
?68l
6.
ad
Nt/
--(-ti
o
@
or o
@
@
a
C,N7SE]ET6S
O.:*i25<<iz
"itF€^-
ol(!.9.
EcEE:of$GJ :C2roE&ts?tsH
38AkrDco[o
,Er]
No
Nr.)
a
6e
EE
+F
tpri
TE
e
s
6
fi
6
ox
)
FUo
I!
v
II
x.
aea3
PE
gl \
P<EUiU6* E8S I
646zH
(1q,
did
lll
-doo
tsa B I ts
33 8 E EF.dY
i
;- r * *[: H c:
!Eas I E
A FF L O FEEtsE*[:
IrE*E[uE
Bg$iEHEH
J
FUo
tUz
=
t
=l
VI
:<TIo
=aF
E,
U
E
d
a
_t_
=H!ut
T-
IE
5
6
E1
-lf-lU Fc>_lr)d
EIE [5,{l m ru
#lA €oi
xls xea
:lE Era
;l E
"*5
Hla Ei'8 sfr HcooEA
J
FL!o
I()
z.u
G,ts
E.o
=()z
o
o
o
id
aI
I
a
J
II
E
H
s
_ti-
=F'.8--T-
I
E
g
t:t--
l-
)-
z, s=tI-
Q !o!=g }IT
E -o:
-E=EE-st=-'t
-#E=bfi-
^6--E pr=E3-
='.r-i--
=-ll8e-f-Eir-E-49Uarrt-
Defmuwe PAGE 7
(fie first $tate
rr EARRr ET SArrE ml{DsoR', s'sc3'EreRY Og 'srATE
oE Tfr "'::' o'
DEI,ILI^RE,DoEIEPIIBYcI#tETr YTgE]ERTIFIIATEoEMERGER|wgTcg
UE;RGES:
,TBI PTPfr.I,']E COtr?/llIYilT A DELAWARE COilPONLfiONT
. "TBA giIEST L:fRGfMIe ' INC ' n I A DELAIiIARE CORPORATION '
,,TOtt BROWN, LNC-',r A DEI.AFZ,IRE CORPORATIOI{I
oE .Ettc,|,{A OrL e eAs fl|/SA) INC'',t A CORPORATION ORCATITZED AND
EJ,.IsfiNGUI{DERTEELAwsoPIEEstATEoEDE;LAq!IAEE,WBRSCEI|IED
,l}IDfrLEDINTEIIoils::clTffiw[Et{T]y.sEcoNDDAYoFDE3EI,IBER,A.D.
2004, A! 6:75 O'CIPCK P'lt'
AND T DO EEREBY E1'RTE4R CERTTE'T TEAT Tffi AEI9.P'ESAID
COI{POR:ATION ilE;AI'L BE @UEENED BY nEE T'AWS OE Tffi STATE OF
DELAWAF.E.
A\IDIDoEEwEBYETRTfiERcgRTIwTEATTgEgEEEcTIwDATEoF
r& twnZSAZD IERTIEICATE oF AmGEn IS YEE Er,RST DAv oF JAt;ltIARY '
A-D- 2005-
273789s 8330
050039241
&Gr-;-LJ*,2r-%:r^-,^.*
Harriet Smith Windsor, Secretary of State
AWEEITTICATION : 3628 I 33
1
cLo' .
c i<c' "t-, {,: (,
DATE: 0l-2O-05
o
I [ilil |llll l]lltl il llllt l_lllllillll llllllll lI] l^ul
iIdddi tiiitzq'lzdot oi:ssP B162s P{sE I'l ALSooRF
i-'i-ie-i aa.oo D o-oo GRRFIELo couNrY c0
0or
a
CI
C
{
0
l-j
U
AFTER RECORDING. RETTIRN TO:
EnCana Oit & Gas (USA) krc.
950 17th Street, Suite 2600
Denver, Colorado 80202
Attention: Diane Blieszner, Esq.
ASSIGNMENT A}ID ASSUMPTION AGREEMENT
fleases. Contraets. Permits. and Other Rights and Intangibles)
(Reservoir Parcel 1l)
This Assignment and Assumption Agreerrent (this "Assignment"), dated as of
Septe,mber2 I ,2004 (the 'Effective Date"), is executed byLJMON OIL COMPANY OF
CALFORNIA a Califomia corporation ("Assignor'), and TOM BROWN, INC., a
Delaware corporation ("Assignee").
l. Recitals. Assignor and Assigrree are parties to that certain Purchase and
Sale Agreement as of June 30,2004 (as amended, the "Contraot"), pursuant to which
Assignor ageed to sell and Assignee agreed to buy certain real estate located in Garfield
County, State of Colorado, including the parcel more fuIly described on Exhibit_A (the
'?roperty'). Pursuant to the Contract, Assignor has agreed to assign to Assignee, and
Assignee has agreed to accept the assietrment Aom Assignor, of all of Assigrrols righg
title, and interest in various leases ('I-eases'), contracts ('.ConEacts"), permits, and other
rights and intangibles as more fully set forth on Exhibit B aftached hereto (collectively,
the "Assigned Property'), with the understanding that the assignment and assumption are
to be effective with respect to rights and liabilities accruing from and after the Effective
Date.
2. Assignment and Assumution, In consideration of the purchase and sale
of the Property pursuant to tlle Conmct, Assignor assigns to Assignee alL right, title, and
interest of Assignor in the Assigned Property and Assignee accepts such assignment and
assumes, as of the date and time of this Assignment, all of the Assignor's obligations
under the Assigned Property arising on and after the date and time of this Assignment.
3. Prorations. All rent and other items of income associated with any Lease
or Contraot shall be prorated between the Assignor and Assignee as of the date and time
of closing with an appropriate debit or credit therefor on the settlement statement
delivered in connection with the closing of the Conuact. All amounts payable with
respect to the Assigned Property shall be prorated between Assignor and Assignee as of
-\-)rI
'?[1U|,,'I,,';;,I[IIitlJ'H:i$,#,.*'l|?ll!$t!'Jut
o
ELEEERTC II TLIT:' EASEI'IEII]T
KNowALLMENBYTI{ESEPRESENTS,thatwetheundersigned,(whetLreroneor more) american Soa- ir'p zz17 Couicv Road 215 Parachute Colorado
81635 a colorado rirri ii*iriey parriership {hereinafrer carled
.'cranEor, ,tr"tu.Jlie oi-morel 'ii conside=icion of che sum of Ten
Dollars ($ Io-oo) anJotft"t gooa,and ;aluable considerat'ion' tne
receipts thereof i.-ii."Jv-acinowteaqed, do bereby grant rxlto ENCANA
catb.ering servicel iuial'rac'' 950.i7tn street' Suite 2600 Denver
colorado 80202 . E"ili"i"-Eo$orarion (hereinafter called the
'.Grantee") a:rd to itss gucces=ot= oi assigms' a perpetual Easements with
ricrhus described
-irlt-.ir, -io-t".t i";idEh'-fss fedt in lenguh' witsh
=:;;:";=;;;;;its
i4 width *t'en t'ece=""ryE include suvs and anchors '
for the Purpose c6 constructs, operate and maintain a power line or
Dower lines fo, ti.-li"triUuiio-n of electrlc energy upon, -over and
"":;;;'-;il-1;;a"-;; ;h;-A;;';i, siEuated in tshe cor:ntv or
GARFIELD st"t. oi cor'onago and more parEicularly
described as follows:
NE1/{ OF llEcTroN 2, T7S, R96B 6G P'M' Carfleld couDEy', colorad'o
with the Easemeat acrogs said lands described as:
A GE$ERAIJ BA^sTotErl I'PO:[, UIIDER IITD AGOSS TBOIIB DESCRIBED PROPERTY TO
AIII'OW IIt! I![8T}I.I.AEION iID illIITTEflAITCE O]i. EIJECTRIC LTNES TO I'EE ROA]I
eLtra coupBrsgoRJiirron 1875 eOrrNlT ROID 2r5 PAIACEITTE, coLoRADo wrrE
tXS EASEETT BEIITG 10 I.BET EACE SIDE OT TEE I'II'IE
Thie e:semenc shall carry with iE the right of ingress a'd egress to
and from ana .""ees on "ira along' "iid e"i"tent, r*itsh the right to Lrse
existsingl roads Co survey, constiuct' repair' remove' replace'
reconsuruct, p.tior,-inliecc' .improt'e' Latatge aod maintain e] ectric
disrribuElol rinlf-1"4";;**!oicitioo ili"ensEa joint use) facilities'
both owerlre-a "oI-u-iE"di".ra includ.ing poles, aI}d otsrrer supports or
iil"-tu""i-."i"riaisl t,ogErher wigh braces, guys, a-ochors, crosE anns,
cables, condr-r-its, wireE, conductor"' manho-lei' transfo::tners aDd other
fixtures, devicee and appu=tenar'c€s used or useful in connection
ltrerewith, ana riri"figf,t'-itta authority to cut' remove trim or
otherwise "oot=of-lti-ii""", frrr..fr-ana oEher growth on or owerhanging
said easement.
Grantsor reBerrres Ebe right Lo Ehe use and eajoyment of said propertry
excepts Eor the pt;;";;-hefell granled' rut luttr use shall noE hinder'
conf,lict, or interiere with the-utirities rigbcs hereunder or distrurb
ut.ilitsies facfff[iesl-and no bullding' strucLures'. shall be erected
placed or permitiEa-i"-i"*.in on sai6.'eaeer'ent withoug the UEilities
;;;i;; i-r- sarecv and access consideration'
::,I',ffi'"" Eryo"' 'n" "31;':i'5jl?*il?- o:";.;;: their hands and
STATE
COUNTY
OF ss.
)
instrumenb was acknowledged before meThe
tshis
rlie Yatres
General Manager
OF
nL_/
.:,. I -l' ,, "'.. .
.....,., ........i
--' ll r. '.,
i3i,,-^. -. -,
LL+JUJULIIIII,'tLl!ulJIIuru!H$ttu'i-Ii"ia-i'Ee.oo-o 0.oo GnRFTELD counrY co
If to Assignee, to:
With a coPY to:
Tom BrowrL Inc.
555 Seventeenth Street
Denver, Colorado 80202-3918
Telephone No-: (303) 260-5619
Fa"x: (303) 260-5188
Attention: David DavenPort
EnCana Oil & Gas (USA) ktc.
950 lTth Street, Suite 2600
Denver, Colorado 80202
Attention: Diane Blieszner, Esq.
Fa.x: (720) 956-3655
6. Attorneys' Fees. In the evsnt of any dispute, litigation, or o.llter
proceed.ings fofuE66r-m or interpretation of this Assignment, the nonprevailing
;;ny ,h"Ii pay to the prevaiiing parry on demand any and all costs, fees, and expeflses
[i""i"aire roasonable utto*"1oif"es) incuned by the prevailing party in connection with
i"J ai"pirt", litigation, ot p*."taing or the exercise of any righe under this Assignment'
7. Contract and Interpretation. A11 capitalized terms not defined in this
Assignment ,nffiiven to them in the Contract' Assignor and
er.ilr"" intend that the meaning of:'Assigned Property" be as broad and encornpassing
". ni"rr.ry to effectuate the transfer from Assignor to Assignee of any and all interests
of Assignoi in any Leases, Contracts, permits, rights' benefits, income, revenue, and
i",*giUj* benefiting or bwdening or othenvise associated with the Property' In the
event-of any inconsis"tency between the provisions of the Contract and the provisions of
this Assigfiment, the provision in the Contract shall control' Without limiting the
generality of the preceiin& by way of example and not limitation, all of the provisions of
the Contact rogarding ilf""t" -and
indernnity shall apply to the assignment and
assumption of thl errlgr"d Property under this Assignment. Except as expressly set
iorth fi this Assignmeut-or the Contract, Assignor makes no warillty or replesentation of
any kind or naturo and hereby disclaims ary and all implied warranties with respect to the
Assigned ProPertY'
g. Miscellaneous. This Assignment and the Contract constitute the entire
understanding "f affiot ,"4 Assignee with respect to their subject matter' This
Assignment may not be-modifred. except by written agreementgf Assipor and Assignee'
This Assigrunent may be executed in separate counterParts, all of which, taken together,
shall constitute one and the same document. This Assigrrment shall bind and benefit
Assignor, Assignee and their respective successors and assigns.
o
nL,I
-_.t
-)
f !ilu'T''l'U''H}|'l''Il''illilJI'J''B[III|!!|IL'!t
This Assignment has been executed to be effective as of the date first set forth above.
ASSIGNOR:
UMON OIL COMPAI'IY OF
CALIFORNIA, a California corporation
STATE OF CALIFORNIA
couNTY OF
-)
Acknowledged before me this
-
day of 2004 by Brian J. Kelly as
Attomey-in-Fact for Union Oil Company of C4)t
-a,
a Catifomia corporation.
Witress my hand and offigi
Notary Public
ISEE SEPARATE PAGE FORASSIGNEE'S SIGNATIiRE]
f fed AlrytcrftPc " Tcx,ioaZiiiear,ur))
) =s.
My
o
tL'lJItU,luu,1'uluu!!u]Ilr,|Jlriu|lll.r$rE-Ii-is-i'Ei.as o o.so onRFTELD cot'NrY c0
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss.
)
On September 17.2004. before me, AuroraN. Legaspi, aNotary Pub1ic' personally appeared
Brian J. Kellv. p*onJt r*"", r me to be the pison whose Dame is zubscribed to the
within instnlnelrt and acknowledged to me that lie executed the same in his authorized
capacity, and that by;it ,ign"t*";n the instument the person, o1 the entity upon behalf of
which the person acte4 exlcuted the insrtrment on behalf of said corporation'
Witness mY hand and official seal'ffiErrlulJmlcErtuE-acEEqltlAora,
attachu'ent of this certification to unauthmizcd document'
THIS CERTIFICATE
MUST BE ATTACHED
TO THEDOCUMENT
DESCRIBED AT RIGHT.
Title or Type of Document Assi8nmont and Assumption'Aereement
Nucrber of Pages:
Date of Document: September 17' 2004
Capacity of Signer: Attomev-in-Fact
Signer Represents: Union Oil Cgmpany of Califomia
Signe(s) OtherThanNamed Above: Eric D' Marsh
nt-/
,sul[,,l|4',1tJ,'#l|!tT}$.H!{,-]ll}',#'1"!'''lll't!!'
ASSIGITIEE:
TOM BROWN, NC.,
aDelawgry@oo.
(.€ _/, I,,(E/\iil*.f=
Eric D. Marsh, Vice President
STATE OF COLORADO
CTTY AND COI.INTY OF DENVER
The foregoing instrument was acknowledged before me this zl day of
September, 2004, by Eric D. Marst, as Vice President of Tom Brown, lnc., a Delaware
corporation
Witress my hand and oflicial seal.
My commission expires:
lsEArl
bMe*iotWruldt&2fr.
6b
)
) ss.
)
ffi
o
L/
r.L',tulJlr,I'-lluJrlllulJIIx.lI'lLrJIl!l[$JLU
i-ii-ir'i se.oo D o.00 GnRFTELD colJNTY c0
EXTUBTT A
Leeal Description of Resewoir Parcel
(Includes Unocal Parcel Nos. 7631, 7632,
7 633, 7 634, 7 660, 7 693D, 7699 and
Portions of7616, 7625,7627A\ 7639 and 7646>
Township 5 South. Ranee 95 West. 6th P'M'
Section30: Lots 10,11,12, 13 &14
Section 3l: Lots 2, 3, 4, 9 & 10
Township 5 Souttr. Ralee 96 Wesr 6th P.M.
Section 25: I-ots 7 and 8
Secrion 36: NEl/4 & SE1/4 oxce,pt that part of the South 949.99 feet lying West of the
Centerline of Parachute Creek.
Township S Souttr- Ranee 96 WesL 6th P'M'
Lots 4, 10, 12 & and all that part of Lot 1, SEI/4NW1/4, SW1/4NW1/4,
NWl/4SWl 14 andlot l1 lying East of the centerline of Parachute creek
Lots 3,4,5, 1t & SWI/4bI\Mll4
TOGETIIER with Grantor's 500/o interest in a parcel of land, referred to as the Granlee Gulch
School parcel, in the Northwest Quarter of the Southwest Quarter (NWl/4SWll4) of Section 4,
Township 6 Soutb, Range 96 West of the Sixth Principal Meridian, County of GarEeld, State of
Colorado described as follows:
Starting at the Northwest corner of the Southwest quartff of Section 4, Township 6 South, Range
96 W; (This Corner is located on the South side of a gulch) mnning down the gulch South of
East 5g2 feet to the creek from thence down the creek Wesl of South 207 feet from thence West
336 feet from the,lrce North 363 feet.
EXCEPTING therefrom that portion of county Road 215 that crosses the subject property
including the Roadway flrrvey parcels and slide parcels conveyed to The Board of County of
Commisiioners of Cmrfield County, Colorado in Special Wananty Deed recorded December 30,
1986 in Book 702 at Page 424 and as corrected in instument recorded June 15, 1987 in Book
714 atPage 1.
Section 4:
Section 9:
A-1
lJruillJI,'I,J4U}|t#1}g{1Hu,J|1'.l*hlllilJ'!l''l!!'
EXHIBIT B
(Reservoir Parcel 1l OnlY)
1. *Right of way Easernent Agreement llteo ogtoler 16, 1964, by and between
Uoion Oil Company of Califomi", ,, gr*,J and The Mountain States Telephone and Telegraph
company, as grantee, recorded octou.i 29,1964 in Book 361 at Page 481. [75]
z, *Licerrse for B]ectric Transmission Line dated SeptembTr 29, 196.4, by and
between Union Oil C;;pany of CdiO*ir, as licensor and Public Service Company of Colorado'
as licensee, recorded 6;.*b* 4,1964 in Book 362 alPzge 317, as amended by Amendment to
License for Electric Transmission Line dated April 3, 1970 and recorded April 20' 197O in Book
409 atPage408' [76' 81]
3. +pipeline Easernent Agreement dated septemb er 12, l982,by and between union
oil cornpany of californiq as grantor and Mobil oil corporatior' as grantee' recorded
nt""-Uo tl, f gSZ iu Book 614 at Page 683' [851
4. Riglrt of Way aud Eascment - Facility (Cathodic Protection Station) dated April 1,
1983, by and between Union Oil Company of Catifornia,-as -g.antor
and Norttrwest Pipeline
Corporation, u. gr-,"., iecorded April l-8, 1983 in Book 625 at Page 204' [861
5. Right of way and Easement - Facility (Metering site) dated Anril ! 1983' bv and
between union oil iomp-;v or cairomia, as grantor and_N_orthrvest Pipeline corporation' as
l*"", recorded April 2i, 1983 in Book 625 at Page 610' [87]
6. *Right of Way and Easement - Lindauer dated November 10, 1982, by and
between Union Oil b"r"6i of Californi4 as grantor and -Northwest
Pipeline Corporation' as
g*rrr"", recorded May 2,jqg3 in Book 626 at Page 291' [88]
7- *Right of Way and Easement - Davis Point dated November 10, 1982, by and
betweenUnionoirCompanyofCalifomi4aSgrantorandNorttrwestPipelineCorporation,as
g.*"", toorded May Z, tggg in Book 626 ar Page 304' [90]
8. *upperParachute creek valleyRight ofway Agreement dated october 15' 1982'
by and between Union Oil Company of Catifornia a Califomia Corporation' as grantor and
Mobil oit corporatioo, "" gr*r.", recoraed December 7 , lg83 in Book 640 at Page 1 ' [91 ]
g. ucense dated July g,lg}L,by and between union oil company of califonria' as
licensor and Exxontorporation, ", li""nt"", recorded December 22, 1983 in Book 640 at Page
g52, as amended UV Upi* fipeiine License Agreement dated May 19, 2000 but effective as of
B-lnL_/
$'#u''}U'''j'''Ju{'t.tu$lli!l$'+'ltlil!J!Ilr'!r
July 9, l982by and among U-nion Oil Company of California
recorded lr"" i+, ZOOO indook 1192 atPage 340' 193' 1331
and Exxon Mobil CorPoration,
l0.AmendmenttoLicenseAgreementdatedNovemberll,igS3,byandbeween
Union Oil Compau/iiC"fifo*ir, ,s ticeosor and Erxon Corporation' as licensee' recorded
December 22,lggSio goot 640 at page gj9'
". amended by upper Pipeline License Agreement
dated May 19, 2000 b;i "notir" ,"-or i"rv q, Dqz ur ana^3mong uttioll oil company of
Califomia and Brxon-il-ouii co.pooti"" ;;;*dJ June'i4' 2000 in Book 1192 at Page 340'
[94, 133]
11. *Resolution No. g5-01 dated January 7, 1985 regarding appmval of an application
for special ana conditioi"r r*a or" p.*is, ,.co.iea.l^rruryi, t9a5 in Book 662 al Page 466'
tesl
12. *Resolution No. g7-20 dated February 17,1987 regarding approval of a special
use permit for the construction and operation of a water impoundment and associated facilities'
recJrded Febnrary 18, 1987 in Book 705 at Page 691' [100]
13. Right of way and Easement - Facitity @anett Metering site LN00407) dated
March Zi,lgg;,by and beiween Union Oit Cornp*y of Califomi4 as grantor and Northwest
Pipeline Corporation, as-grantee, recorded April 18, 1990 in Book777 at Page 12. u 10]
14. *Resolution No, gt-027 dated April 1, I99l_regarding approval-of a-special use
permitforawaterh;;d;facility,t*"aaApril2, 199'hBook801 atPage520' Ii11]
15. *night of way and Easement dated March 20,lgg2, by and between Union oil
Company of CaUforria, ", ir*tot *A Uotrt*ot Pipetine Corporation' as grantee' recorded
eprii a, iggz -Book 828 at Page 98' [112]
16. *Service Corridor Agreement dated June l' 1gg2' by and belrveen Union Oil
Company of California and Parachule Ctean fuets, L'P', recorded June 12' 1992 in Book 833 at
Page 953, * *"rra"a by settlement Agreement dated october 15' 1983 and recorded May 12'
t q6g in Book 1 129 at Page 28' U 13, N/EDI
17. *Right of Way and Easement Agreement (Davig Point) dated July 5,1996, by and
between Union Oiibompany of California' ut gr*tot and Colorado Interstate Gas Company' as
grafltee, recorded eu-G t, tggOin Book gglitPage 500, as amended by Amendment to Right
of Way ana Basem"errt Agreeme.nt (Davis Point) dated September 18' 1997 aud recorded
O",oUo 20, 1gg7 in Book 1039 at Page 184' [1 14' 121]
18. Right of Way and Easement Agreement @"Y'.Point) dated July 5, i996, by and
between Union Oii Colnp*V of California, ut gru"tot and Colorado Interstate Gas Company' as
grantee, recorded augusi t, igg6 in Book 987 at Page 500' U 15I
B-7
rt
o
n!-/
ipu++llllluitlTl[#$!tHtL[t'Jl'+LUtrl
i9. Right of Way and Easement Agreement (Sewice Corridor) dated July 1.8, 1996'
by and betrveen
-union oii company or c"[ro*ia, as grantor and colorado Interstate Gas
Company,asgrantee,recorded|:*"19,1996*Bo,.ok989atPage294.asamendedby
Amendment to Riglt of Way *a ni."*ent Agreement (Service Conidor) dated September 18'
1997 and recorJed"Octob.riO,tggT in Book 1039 atPage 184. [1i6' 121]
20. Access License Agreement dated May 16' 1997' by and between Union Oil
CompanyofCalifornia,aslicensorandBarrettResourcesCorporatiorqaslicensee'recorded
O"toler
-g,
I 997 in Book 1037 at Page 676' I I 20]
21. Right of way and Easement Agreement daled october 16' 199'7' by and between
union oil comp-any of ca[romir, "* gr.nt- and Barr-ett Resources corporation, as grantee,
recorded ltor"*teri 7, lggT in Book lA42 atPage 615' [1 22]
22.AccessLicenseAgreementdatedMay26,lggs,byandbetweenUnionoil
company of califomia, as licensor and Baneft Resources corporation' as licensee' recorded
Jrme 18, 1998 in Book 1073 at Page 440' U23l
23,rutilityEasernentsAgreementdatedMayll'lggg,byandbetweenUnionoil
Company of Califomi4 as granto, iod Ar.rican Sodq L'L'P', as grantee' recorded M:ay 12'
1999inBook1:r2gatPagell7'asamendedbyFirstAmendmenttoUtilityEasemerrts
Agreemant o"i"air,ruv 1, 200-3 and recorded May 6, zbog in Book 1467 at Page 187 ' U27 ' 1531
24. *Lease Agreemerrt dated' June zg,lggg,by and between Uni^on oil Company of
califomia, as lessor and Tom Brown, Inc., as lessee, recorded october 7 ' 1999 in Book I 154 at
Page 492- U29l
25. Right of Way and Easeme,nt Agreunent dated April 10, 2000' by and between
Union Oif Compily of Ciif"*i4 as grantor and Barrett Resources Corporation, as grantee,
recorded April2-6, ZbOO in Book 1184 al Page 109' U32l
26- Upper pipeline License Agreement dated May 19, 2000, effective Juiy 9, i982, by
and between Union Oil Company of Citifornia, as licensor and Exxon Mobil Corporation' as
licensee, recorded June 14, ZObO m Book 1 192 at Page 340. [133]
21. *parachute Valley Easement Agreement dated April 1,2000' by and between
unionoilcompanyofcalifomi4ExxonMobilcorporationandAmericansoda'L'L'P''
recorded June ta, 20b0 ingook 1192 at Page 354' [1341
28. Pipeline Easement Agreement dated June ?]2,2000, by and between Union oil
Company of Calilomi4 as grantor and Colorado Interstate Gas Corporatiotl as grantee, recorded
Junei0,-2000 in Book I195 at Page 291' [135]
B-3o
a
Lttrlutrl,rJ,'u,1lulu.['rruJnuLrlil!Lllllul'ii""i-ri-it-ib:o0 o'o.oo cnRFTELD couNrY co
zg. *Access License Agreement dated December 6, 2000, by and between Union oil
company of californi4 as licensor and Petroleum Development corporation' as licensee'
recorded r"urur.y-i,loor in Book 1230 at Page 930' as amended by Amendment to Access
License Agr"*r# iated May 16,2001 and recorded May 29,2001 in Book 1256 atPage27l'
u36, t4ol
30. *Right of Way and Easement Agreement dated February 26, 2001, by and
between Union Oil Company of Caifomi", ut g'uIto' and Petroleum Development CorporatiorL
as granrce, recoral uarcn io, zoot in Book 1238 at Page 809. [138]
3l.AccessLicenseAgreementdatedMarch20,2ool,byandbetweenUnionoil
company or cauromia, as licensor and Petroleum Development corporation' as licensee'
,"*.i"aa.pril 19, 2001 in Book 1246 at Page 616' [139]
32. *Pipeline License Agree,ment dated Febnrary 2Z,2AO?,! and between union oil
Company of Califomiq as licensor and PeEoleum Development Corporation' as licensee'
recordedApril29,2OO2tnBook1350atPage440'llm)
33. Right of way and Easement Agreement dated March 7,2002' by and between
Union O, Comflrny of Califomi4 ", gr*toi and Peuoleum Development Corporation' as
grantee, r"corAiaitil 2I,2OOZ in Book 1350 at Page 449' [la5]
34.RightofWayandEasementAgreementdatedMarch|,2002,,byandbeween
Union o1 comianv- of ciifomia, as grantor and Petroleum Development Corporatiou as
gantee; r""oraed Ri,ilzg,}O}ZinBook 1350 at Page 459' [146]
35.AccessLicenseAgreementdatedSeptember3,}ooZ,byandbetweerrUnionoil
CompanyofCatifomia"aslicensorandPetroleumDevelopmentCorporaliorLaslicensee,
recordedse,pternber g,ZOAzin Book 1384 at Page729' U47)
36- Access Lice,lrse Agreement dated septerrb er 3,2002, by and between union oil
Company of CalifOrni4 as licensor and Petroleum Development Corporation' as licensee'
recorded Septernber g,2OO2 in Book 1384 at Page 780' [148]
37. Right of way and Ease,:nent Agreement dated september 3,2OO2, by and between
Union Oif Comflany of Catfomia, as licensor and Petroleum Development Corporation, as
licensee, recordeb September g,zoozin Book 1384 at Page 813. [149]
3g. Right of Way and Easement Agreement dated December 19, 2002, by and
between u*oo oli Company of Caiifornia, as grantor and Petroleum Development Corporatioru
asErantee,recordedJanuary-9,2003inBookl425atPage872'[150]
39. *Right of Way and Easement Agreement (Davis Point) dated June 29, l994,by
and between Union OiI Company of Califomia, as grantor and Barrett Resources Corporation, as
grantee, recorded March 21, ZOOI in Book 1449 at Page 1, as amended by "As Built"
B-4
[IJllru,r,r_l,r]u,Tl1!Uu!!I,.ur,t=lLl|trLt!J,l!!lii-Ii-ri-i-is.so o-a'sa GRRFTELo couNTY c0
Ranch et al; Garfield County, Colorado) executed July 26, 2000 between Union Oil Company of
California and Exxon-Mobil' [NR]
*Note: The assignment and assumption of the above items marked ntth an asterisk (*) is a partial essignment
and ess,mpfonind is effectlve oniy insofar as they relate to the Real Property described in Erhibit A'
[Bracketed information refus to Exceptio! Document #; ilR - intlicatts unrecortled docltment: N/ED - indicates a
recorded docttment but not an Excqtion DocttnentJ
B-6
o
o
N. Parachute Soacine Application - Lesal Description
Township 4 South. Range 95 West 66 P.M.
Sections 19 and 20: All
Section 21: E/2SW, NE/NW4, NE/4, N/2SE/4, SE/4SE/4
Sections 22 through 27: All
Section 28 S/2, S12S12,NE/4NE/4, IIW/4NW/4
Sections 29 through 34: All
Section 35: N/2
Section 36: N/2
Township 4 South. Range 96 Wesl 6tr P.M.
Section 22: S|Z,NW/4, W2NE/4,
Section 23 : S/2,NE/4, E/2NW4
Sections 24 through 27: All
Sections 28:El2
Section 33: SEl4, S/2NE/4, NE/4NE/4
Sections 34 and 35: All
Section 36: N/2, SWi4
Townshio 5 South. Range 95 West 66 P.M.
Section 4: N/2
Section 15:S/2,S/2N/2
Section 16: All that part lying South of the southernmost Mahogany marker
a.k.a. Hoftnan No. 36 Placer Mining Claim (S/2N/2 of Sec. 16, being a portion thereof)
a.k.a. Hoffinan No. 35 Placer Mining Claim (N/2Sl2 of Sec. 16, being a portion thereof)
a.k.a. Hoffinan No. 34 Placer Mining Claim
Section 17: All that part of the N/2Sl2 lying South of the southernmost Mahogany marker
a.k.a. Hoffinan No. 30 Placer Mining Claim (N/2Sl2 of Sec. l7),
slzslz a.k.a. Hoffinan No. 3l Placer Mining claim (s/2s12 of sec. 17)
Sections 19 through 22: All
Sections 27 through 34: All
Township 5 South. Range 96 West 6e P.M.
S*ti-r Z, WlZ, less and except those portions conveyed by Union Oil Company of California to
Exxon Corporation by Special Warranty Deed recorded in Book 640, Page 869, Garfield County,
Colorado.
Sections 3 through 5: All
Sections 8 through 10: All
Section I l: W2, less and except those portions conveyed by Union Oil Company of California to
Epron Corporation by Special Warranty Deed recorded in Book 640, Page 869, Garfield County,
Colorado.
Section 14: W12, SE/4, W2NE/4
Sections l5 and 16: All
Section l7:El2
Sections 21 through 28: All
Section 33: N/2N/2, less and except the West 32 rods of the NW4NW4 containing l6 acres,
more or less
Sections 34: NW4NW4, NE/4
Section 35: N/2
Section 36: N/2, N/2SE/4, Sl}SEl4lying easterly of Parachute Creek
Township 6 South. Range 96 West. 6n P.M.
Section l: Lots 3 to 14, inclusive
Sections 2 and 3: All
Section O:frl,.r^"nlon of the section east of Parachute Creek
@
)
o
,t.. 5li"t"
l
I
L
-i.t.
E
it -l
ql.
i1
il
tJIIOCAL PROPERTY BOtINDARY IiIAP
PARACI IUTE CREET.. AREA
ccuN['r or G,^nl-l::,1), STATF ci= CCI_on^'DO
-:-1
I (,
L'lr
't. .i r',.:::__ T
CCt\a,rEUCTlC\ 5.rq',
oar? eil\QrsEi el'l?
ar-T co 81b>2rr.lA-ft1h-a111
o
N. Parachute Special Use Permit lnterested Parties
EmonMobil Corporation
P.O. Box 4697
Houston, TX'77210-4697
Attention: Mr. Brent Patterson
Williams Production RMT ComPanY
1515 Arapatroe Street, Tower 3, Suite 1000
Denver, CO 80202
Attention: Mr. Jim Schaff
ChewonTexaco
lllll S.Wilcrest
Houston, TX77099
Attention: Mr. Lee W. Parker
ConocoPhillips Company
3960 East 56h Avenue
Commerce City, CO 80022
Attention: Mr. Kile ThomPson
Aaron C. Woodward
HC3 Box I
Glenwood Springs, CO 81601-9800
Piceance Creek Ranch
11539 RBC Road 5
Rifle, CO 81650
Attention: Mr. Dan Johnson
Thacker and Son, Inc.
PO Box 1900
Glenmora, LA7l433
Puckett Land Company
5460 South Quebec Street, Suite 250
Greenwood Village, CO 80111-1917
Attention: Mr. Jeff Puckett
Charles H. and Thomas F. Latham
PO Box 66
DeBeque, CO 81630
Reuben Gerald Oldland
14667 RBC Road 5
Rifle, CO 81650
John Savage
1122293 Road
PO Box 1926
Rifle, CO 81650
Garfield County
109 8fl'Street, Suite 308
Glenwood Springs, CO 81601
Bureau of Land Management
Glenwood Springs Field Office
50629 Highway 6 and24
PO Box 1009
Glenwood Springs, CO 81602
o
C'!
)
MINERAL OWNER LISTING
The appticant (EnCana Oil & Gas (USA), Inc. is the single mineral
interest owner in this ProPertY.
210.1 Local Borrow
Local bonow shall consist of material excavated and used in the construction of fills or for use as
selected material or for other construction purposes. I,ocal borrow shall be obtained by widening
cuts or by excavating from other sources outside the planned or authorized cross section within
the right- of- way uria *ltt in the limits of the project Local borrow shall be excavated to the lines
and grades established by the Engineer'
zlL.2lmported Borow
Imported borrow shall consist of materials required for construction and unless otherwise
designated in the ,p"riA provisions, the Contiactor shall make his own arrangements for
obtaining imported bonoi and he shall pay all costs involved' Imported borrow shall be
obtained from sources indicated on the p'lurrr, designated in the special provisions, or approved
by the Engineer.
The material shall be free from wood, vegetation, or other deleterious material' The maximum
size of this material shall not be greater tian2l3the compacted thickness of the course placed in
the subgrade.
The Contractor shall notiff the Engineer sufficiently in advance of opening any material sites so
that cross section elevations and measurements of the ground surface after stripping may be
taken and sufficient time for testing and material will be allowed'
Borrow pits shall be excavated to regular lines to permit accurate measurements; depth of
excavation throughout the area of borrow pits shail be as uniforrn as practicable and the slope
shall be dressed to such slopes as may be directed, leaving the borrow pit area in a clean and safe
condition.
210.3 Placing and ComPacting
Local borrow and imported borrow shall be placed and compacted as specified in Section 2ll'2'
The contractor shall satisff himself that there is suffrcient space available in fill locations for
placing any excavated material, before placing borrow' Any excess excavation which develops
as a result of placing borrow in advance of coLpleting excavations shall be disposed by the
Contractor at the additional cost to the Contracttr Agency in accordance with the provisions in
Section 205 and a coffesponding reduction in the quantiti of borrow to be paid for will be made
for which the contractoiwill have no claim for compensation'
210.4 Measurement
Quantities of borrow will be measured
measurement shall be calculated from
surveys ofthe borrow area.
by the cubic yards removed from the borrow area' Said
before/after hled or aerial topography/cross-section
Materials excavated at the borrow site and not used on the work will be deducted from the
computed quantities and will not be paid for'
210.5 Payment
euantities of borrow excavation will be paid for at the contract unit price per cubic yard' Such
pice shall include excavating, sloping and cleaning of borrow area, hauling, depositing'
spreading and compacting th-e materiil complete in place, and disposal of surplus material,
*rl"rr arialternate basis of payment is stipulated in the proposal.
2ll.l Description
Fill construction shall consist of constructing embankments except as may otherwise be
specified, including the preparation of the *i* opot which they are t9 be gl.aced; the
construction of dikes; the piacing and compacting of approved material within areas where
unsuitable material has been renioved; *d ttt" placingand compacting of material in holes, pits,
and other depressions.
211.2 Placing
Rocks, broken concrete, or other solid material, which are larger than 4 in9les in greatest
dimension shall not be placed in filt areas where piles are to be placed or driven'
When fill is to be made ahd compacted on hillsides or where new fill is to be compacted-ugui*J
existing fill or where embankmeot i. u,ritt Y2widrhat a time, the slopes of original hillsides and
old or new fills shall be benched a minimum of 4 feet horizontally as the fill is placed. A new
bench shall be started where ever the vertical cut of the next lower bench intersects the existing
n.o,-a. Material thus cut out shall be recompacted along with the new embankment material by
the Contractor at no additional cost to the Contracting Agency, unless the width of the bench
required exceeds 4 feet in which case the excavated malerial in excess of 4 feet will be measured
and paid for as excavation.
Clods or hard lumps of earth of 6 inches in greatest dimension shall be broken up before
compacting the material in embankment, except as provided in following paragraph'
When the fi[ material includes large rock material or hard lumps, such as hardpan or cemented.-
gravel which cannot be broken."uiily, such material shall be well distributed throughout the fill'
Sufficient earth or other fine material shatl be placed around the larger material as it is deposited
so as to fill the interstices and produce dense compact filI. However, such material shall not be
placed within 2 feet of the frnished grade of the frll'
211.3 Compacting
Fill shall be constructed in compacted layers of uniform thickness and each layer shall be
compacted in accordance with the reqrirlments herein specified with the following exception'o
Where fill is to be constructed across low swampy ground which will not support 1l:weight
of
#ri#ilr"r"*,,n" Iower part of the "-uuot
*e"t may be constructed by dumping
r- -r t^--^- ^f +Li^l.-aac nnf ,ffi;;ffi;ffi;;suitable rnaterials in a uniformly distributed laver of thickness not greater
L^- ,..Li^L +1raffi:il;H#ui,.o ,oppon the equipment while placing subseq-uent layers, after which the
r - - ^t^) ^^ ^-^^:{:^,{HilJlLffi?##;d#; ;"il;;;onstructed i'' ruy"., and comp acted as speci fred.
Unless specified herein, or in the special provisions,lhe construction of dikes' the placing and
compacting of approvei material within itt".ighf of -way where unsuitable material has been
removed, and the f,rtling of holes, pits and othJ, d.p."ssions within the right-of-way' shall
conform to all of the-.""q,rir"-"rts herein specified forcompacting frlls' Trenches' holes'
depressions and pits outside of areas where firls are to be construcied shalr be graded to provide a
presentable and well-drained area'
Areas over which fills are to be placed shall be cleared and scarified to a depth of 6 inches to
provide a bond between the exisling ground and the material to be deposited thereon' Unless
otherwise specified, the original ground *.u.rpoo *h:l fills are to be constructed to a uniform
density of not less than 85 percent, or as recommended in the soils report'
The loose thickness offeach layer of fill material before compacting shall not exceed 8 inches'
except as provided in the following paragraph for rocky material. Each layer shall be compacted
in accordance with the following,"q"i..I*ents to a uniform density of not less than 85 percent,
except that where a new or widened roadway and appurtenances are required' density of the
upper 2 feetarrO wt en the fr.ll is within 2 feitof the above shall be not less than 95 percent' Said
"oirpuction
densities shall be subject to the recommendations of the soils report'
when fill material contains by volume over 25 percent of rock larger than 6 inches in greatest
dimension, the frll below a plane 3 feet below finisfreA grade *uyt" constructed in layers of a
loose thickness before compaction rot "*"."aing
the t r-*i*,'- size of rock in the material but
not exceeding 3 feet in thickness'
The interstices around the rock in each layer shail be fiiled with earth and other fine material and
compacted.
At the time of compaction, the moisture content of fill material shall be such that the specified
relative compaction will be obtained and the frll be firm and unyielding' Fill material which
contains excessive moisture shall not be compacted until the material is dry enough to obtain the
required relative compaction. Full "o*p".rruiion
for any additional work involved in drying fill
material to the required moisture content shall be considered as included in the contract price
puiJ *a no additional compensation will be allowed therefore.
Embankments shall be constructed so that each layer sharl have a cross fail of at reast2 percent
but no more than 5 Percent.
211.4 Tests
Unless otherwise Provided plans or special provisions the fill shall be thoroughly
compacted to not less than the stated densities when tested and determined by AASHTO T-99
Method A and r_191 0r ASTM D-2g22*a p-rotz with the percent of density adjusted in
accordance with the rock correction procedure for maximum iensity determination, standard
detail, to compensate for the rock content larger than that which will pass a No 4 sieve'
211.5 Measurement
The quantities of filI construction used to construct embankments or dikes will be those of the
".ip=1g1g
Uid item i" pi""., *itt in the limits of dimensions shown on the plans'
The Engineer wil compute the quantities of fi[ bt a method which in his opinion is best suited to
obtain an accurate determination.
211.6 Payment
Quantities of frll construction will be paid for at the conffact unit price per cubic yard of frll as
stipulated in the proposal. Such price ,i"ft io"tuae placing and compaction and all related work
as specified above,-rirrless an altehate basis of payment is stipulated in the proposal'
Unless otherwise provided in the special provisions,lo qarment will be made for fill
construction to replace unsuitable material or for frll foiholes, pits,and other depressions' The
cost thereof shall be included in the price bid for the construciion of the items to which such fill
is incidental or aPPurtenant'
nt-/
Part V Fire Control Measures
General
o All facility or operations personnel are instructed as to:
Be aware of local area fire danger for each day
Location of fire control equiPment
Proper operation of fire control equipment
Emergency procedures and how to call for additional resources
Welding & IIot Work Operations
o A minimum of one person is dedicated to act as a fire watch drring welding or hot
work operations with a fire extinguisher at hand.
. Welding shields are used during grinding operations to prevent sparks frorn leaving
work areas and igniting vegetation,
o Water trucks are used to wet down ground and nearby vegetation, as conditions
dictate.
o At the close of each day, personnel inspect the area of welding or hot work activities
for any smoldering debris and any conditions conducive to fires.
Communications
o EnCana or Contractor vehicles are typically equipped with cellular communications
on board.
In the event of a lire
o In the event of a fire, all personnel and appropriate equipment on site will be
committed to fire containment and control.
o The BLM and appropriate fire authorities will be notified immediately.
o Direction of fire control efforts will be transferred to appropriate fire fighting agency
personnel upon their arrival on site
Part VI Soil Features
Soils at the proposed cuttings storage facility include 3 to 5 feet of cover soil overlying
approximatiy d0 feet of spJnt shale which is underlain by alluvial soils derived from the
Green River Formation. eor., soil at the retort pile is generally a gravelly, sandy silt.
The retort pile surface is graded to drain to the east at an approximate 3 percent slope'
Vegetation is primarily bunch grasses with some shrubs'
o
Part YII Landscaping and Reclamation Plans
Landscaping
Due to the remote location of this facility, landscaping efforts will be directed at erosion
control as opposed to mitigation of visuaf impacts. Any areas disturbed by construction
or operation activities that are not otherwise covered by liner material or equipment will
be resurfaced with sand and gravel and graded flat or vegetated, as necessary'
Reclamation
The expected life of the NPR cuttings storage facility is 1 to 3 years' Assuming that no
beneficial re-use of the cuttings will occur, riclamation will consist of the following:
1. Final grading of the cuttings surface'
Z. Folding the ixposed basJiner from the interior of the perimeter berm over the
cuttings.
3. lnstallation of a top liner (12-mi1 minimum thickness) over any-exposed cuttings'
4. Removal of perimlter berms with soil placed over the cuttings facility'
5. Placement of 12 inches of topsoil stripped and stockpiled prior to facility
construction.
6. Application of vegetation seed mix and other nutrients needed'
7. Compliance with all prevailing Colorado Oil and Gas Conservation Commission
and Garfield County iegulations governing final reclamation.
ATTACHMENT H
CLOSUIIE T'LAN
NPR CUTTINGS STORAGE FACILITY
Thc expeoted life of the NPR cuttings storage facility.,is I to 3 years' Assundng that no
beneficial re-use o{'the cuttings will occur, reclamatiron will consist of the f<rllowing:
1. Final grading of the cuttings surt-ace'
2. Folding the exposed base iiner frorn the interior of the perimeter benn over the cuttings'
3. Installatiol "il;; liner (12-mil minimum thickness) over any exposed cuttings'
4. Removal of perimlter berms with soil placcclover the.cuttings facility'
5. placement of l2 inches of topsoil stripied arrd stockpiled prior to facility construction'
6. Application of vegetation s"id mix and other nutrients needed.
7. Compliance with all prevailing colorado rfil and Gas conservation commission and
Garfield County regulations governing final reclamation'
Financial assuftrnco in the amount of $50,000, per R.ule 704 is provided in Attachment G and is
intended to be sufficient to guarantee the proper reclamation, closute and abandorunent of the
facility.