HomeMy WebLinkAbout1.0 Applicationwittffi3.aev
E)(PLORAflON & PRODUCTION
1058 CR #21 5
P O. Box 370
Parachute, CO 81635-0370
9701285-9377
9701285'9573 fax
o
Williams Production RMT
Clompany
SUP Application
Radio Towers
Mount Callahan
August 30, 2007
O
GARFIELD COUNTY BUILDING AND PLANMNG DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTD and
@ereinafter APPLICANT) agree as follows:
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1. , APPLICANT has qubmitted to COUNTY an appiication for /l'4Plo 7O ouez- s1. " APPLIUAN I has qrbmlmeo to uuul\ I x an apprcatlor rur -'" I
tU f A&u-A/rA,v /*2414 (hereinafter, TIIE PROJECT).
2. APPLICANT understands and agrees that Garfieid County Resoiution No- 98-09, as amended,
establishes a fee schedule for each type of zuMivision s1 ianrl use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COLINTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fu[ extsnt of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, estabiished for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COIINTY when they are necessary as costs are incurred,
- 4. The Base Fee shall be in addition to and exclusrve oI anv co$ ror puDrcarton or cosr oI corstxtmg
-servlce oetermined necessary by the Board of County Commissioners for the consideration of an application or
additional COLINTY staff time or expense not covered by the Base Fee. if actual recorded costs exceed the
initial Base Fee, AppLICA]rIT shall pay additioa2l fillings to COTINTY to reimburse the COUNTY for the
processing of the pROJECT mentioned above. APPLICANT acknowledges that all biliing shall be paid prior to
ifr. noa consideration by the COUNTY of any land use permit, zoning amendmerrt, or subdivision plan'
Date:
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Print Name
Address:Lt5
A}PLICANT
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Page 4
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone : 970. 945. 821 2 F acsimi le: 970. 38 4.347 O
www.oarfi eld-countv.com
RflCEIVED
AUG 3 0 2007
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i"llNGi.AN
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address / General Location of Property:
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Existing Use & Size of Property in acres:
Description of Special Use Reque sted: (ousrfZuctt arv AtO A P 6o&Onrt,
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F Zone District:
D Name of Property owner (Applicant) ,'''C X\- l,^-l,rr"r,**r, Qropr*o, V*i
D Address, LO s8 huN - 0ooo ' u-s Tetephone 1 Q7o -/.rs- tiztl
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City: PrW*e.wrt State: Co Zip Code: g tr"rs- FAX: eto-zrs-
Special Use Permit
D Doc. No.:
F Planner:
STAFF USE ONLY
Date Submitted: TC Date:
Hearing Date:
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Williams Production RMT ComPanY
Application for Special Use Permit
Radio Towers
Mount Callahan Area
Garfield County, Colorado
Table of Contents
Item
Requirements of ParagraPh #1
Requirements of ParagraPh #2
Requirements of ParagraPh #3
Requirements of ParagraPh il#4
Requirements of ParagraPh #5
Requirements of ParagraPh #6
Requirements of ParagraPh #7
Requirements of ParagraPh #8
Requirements of ParagraPh #9
Requirements of ParagraPh #10
Requirements of ParagraPh #11
List of Exhibits
Paoe #
2
4
4
4
5
6
6
7
10
11
11
12
t.a As a minimum, specifically respond to€llttre following items below and attach any additional information to
be submitted with this application:
Please submit, in narrative 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 proposed 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
with the proposed use, and provisions for electric power service and any other proposed utility
improvements. Be specific.
lf you will be using water or will be treating wastewater in conjunction with the proposed use,
ptease detail the amount of water that would be used and the type of wastew-ater treatment. lf
you will be utilizing well water, please attach a copy of the appropriate well permit and any
other legal water supply information, including a water allotment contract or an approved water
augmenlation plan to demonstrate that you have legal and adequate water for the proposed
use.
Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all
existing and proposed structures on the property, and the 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.
Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S.
1:24,000 scale quadrangle map will suffice.
Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the
subject propeity and public and private landowners adjacent to your property (which should be
delineated). ln addition, submit a list of all property owners, public and private landowners and
their addresses adjacent to or within 200 ft. of the site. This information can be obtained from
the Assessor's Offrce. We will also need the names (if applicable) of all mineral right owners of
the subject property. (That information can be found in your title policy under Exceptions to
Title).
submit a copy of the deed and a leg al description of the subject property.
lf 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.
Submit an statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall be constructed in conjunction with the proposed use.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed 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 proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
1.
2.
3.
4.
5.
6.
7.
1.
2.
of the lot 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 type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.OO
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
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
htto://www.qarfield-countv.com/buildinq and planninq/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.
11. 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.)
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.
Once the application is deemed technically complete, the Staff Planner will send you a
letter 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.)
It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. lf proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the
date, time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing,
and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall
be mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot 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.
3.
c. The site shall be posted 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 must take place at least thirty (30) but not more than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted until and 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 Applicant shall provide proof, at the hearing, that proper notice was provided.
5. Once 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 approval, this office will issue the Special 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 until the applicant has satisfied all conditions of
approval. The Special Use Permit approval is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
and to the best of my knowledge.
)
Uowner)Last Revised'.0212006
whi
Williams Production RMT ComPanY
Application for Special Use Permit
Radio Towers-Mount Callahan Area
Garfield GountY, Colorado
Proposal:
williams Production RMT Co is proposing to install one Radio Tower and
upgrade an existing tower site to provide radio transmission capabilities between
proOucing gas welli in the Logan Wash area of Garfield County and the main
office in Parachute. The existing tower site is in the NE% NW % Sec 16, T 7 S,
R 96 W. The new tower site will be located in the NW % NE % Sec 25, T 7 S,
R 97 W. The new tower site will contain a 30 foot tower and associated
equipment and will occupy approximately a 10 ft x 10 ft space. The zoning for
this area is Resource Lands-(Upper)
SPecial Use Permit
Application Submittal Requirements ;
Requirements of ParagraPh 1:
Nature and Character of Special Use:
Williams production RMT Co is actively developing its oil and gas leasehold in
piceance Basin on both sides of the l-70 corridor in an area commencing several
miles west of Parachute northeastwards to the City of Rifle's western boundary
and north and south of the corridor for several miles for a total development area
of 100+ square miles. Currently, Williams is running 25 drilling rigs, 20+
completion rigs, and is producing natural gas and petroleum liquids from '1700
wells. The vast majority of these wells are monitored "physically" by onsite visits
of company p"rsonhel and "electronically" by radios installed at the site which
communicite with Williams' production office in Parachute. Since the radio
communication system Williams employs is "line of sight", radio towers. must be
located a key locitions to enable signals from well radios to be relayed to
receivers in ine Parachute office. The radio communication system currently
employed by Williams enables constant monitoring of the wells and immediately
identifies and records any irregularities. ln addition, this system reduces the
visits to the wells which in turn lessen the overall impact to the surroundings'
One of the key areas Williams is currently developing is in Townships 6 & 7 5r
South Rangei 96 & 97 West, commonly called the Logan's Wash al.ea. As more
wells are diilled in this area at different elevations and up and down draws, the
new wells will not be in "line of sight" of the existing tower and creates the need
)
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o for additional towers. The towers will be operational 24 hours/day, seven (7)
days/week.
The unlicensed radios installed on these towers will operate in the 2400-2483.5
MHz frequency ranges and will have an output power of .5 watts or less and are
in compliance with all FCC frequency emission requirements. Operation of this
type of radios is permitted under FCC regulations as explained in the following
paragraph.
"ln 1985, the FCC authorized the operation of non-licensed spread spectrum
systems in the 902-928 MHz, 2400-2483.5 MHz and 5725-5850 MHz bands
under Part 15 of the rules at a power level of 1 Watt. ( See Exhibit # 1 Federal
Communications Commission Spectrum Policy Task Force, "Report of
Unlicensed Devices and ExperimentalLrcenses Working GroLtp", Nov 15, 2002
and Exhibit # 2" Mobile Radio Technology , "Truly a Watershed Event", Feb1,
2007". For further information see Exhibit #3 .47CFR15.247
Telecommunications"
Although Williams does not own the lands on which the existing tower and
proposed tower will be located, Williams does have lease agreements with
Occidental Oil Shale that allows Williams sites on which to install radio towers.
(SeeExhibit#4&5)
A. Existing and Proposed Structures: (See Exhibit # 6)
The existing site, Callahan Tower #1 (see Exhibit # 7,8, & 9 ) contains 2 solar
panels, a 4' X 8' wood frame shed, a 20' radio tower and several small
dishes. Plans are to install a small self contained propane powered generator
to assist with power needs when snow covers the solar panels occasionally in
winter. The generator is a Gillette Generator, lnc Air cooled LPG/NG
Residential Standby Gen-Set Model SPH. (Exhibit# 10)
The new site, Callahan #3 tower site ( Exhib it # 1 1) will consist of a 30' Roan
45 radio tower (see Exhibit # 11, Tower Component Schemafrcs) with a 4 ft
omni antennae and 400 watt wind turbine installed at top of radio tower with a
400 watt wind turbine mounted at the top,2 (ea) 120 watt solar panels, 2.4
GHz (24 Vdc .5 watt) radio (see Exhibit # 12 " Prosoft Technology Brochure"),
24" x24" Hoffman junction box, and an enclosed battery box.
B. Vehicle Number and Type accessing Site:
Once the initial installation is complete which is expected to take less than
one week, there will be no personnel at the site on a daily basis and the site will
only be visited by company personnel in a pickup or by snowmobile, if snow
levels prohibit wheel vehicle traffic, when routine maintenance is required on the
tower or the tower is inoperative. Visits are expected occur approximately on a
monthly basis.
C. Utilities:
The tower sites will be self contained and no outside utilities are required. No
personnel will stay at the sites any longer than to perform maintenance or
repair/replace onsite equipment when needed.
D. Existing Zoning: Resource Lands
E Referral Agencies:
1. Garfield County Road and Bridge Department:
Since the existing and proposed sites are several miles from existing
county roads and will only be accessed intermittently from private
roads, it was not deemed necessary to secure road access permits
from the county to access the sites.
Grand Valley Fire Protection District:
Chief Ferguson with Grand Valley Fire Protection District was
contacted-on July 27,2007 regarding the district requirements for the
towers. His recommendations were the area around the propane
fueled generator be cleared of any flammable material'
Colorado Division of Wildlife:
A letter was sent to CDOW (Exhibit # 13) which detailed the site plans'
As of Jul 26, 2007, no response has been received by williams.
Garfield Cou nty Vegetative Management:
ln the opinion of Williams, it is not necessary to prepare a vegetative
management since the disturbed area is less than 100 square feet.
Requirements of ParagraPh 2:
Water and Wastewater:
A. "Legal and Adequate" Water for Proposed Use
2.
3.
4.
4
No water will be used or needed at the site.
B. Waste Water:
No waste water will be generated at the site.
Requirements of Paragraph 3:
Site Plan/Map: See Exhibal# 14
Requirements of Paragraph 4:
Vicinity Map: See Exhibit # 15
Requirements of Paragraph 5:
1. Appropriate Portion of Garfield County Assessor's Map: See Exhibit # 16 &
17
2. Adjacent Property Owners:
The following are the public and private landowners and their addresses who
own property adjacent to or within 2OO' of the subject property on which the
proposed "Facility" will be constructed.
Callahan #1 Tower
Parcel Owner Address
'2409-171-00-058 Occidental Oil Shale P O Box 27570
(Subject Parcel)
2798.7 acres
Houston, TX 77227-7570
2411-261-00-007 Occidental Oil Shale P O Box 27570
(Subject Property)
790.5 acres
Houston, TX 77227-7570
2409-181-00-027 Puckett Land Company 5460 S. Quebec St, Ste
Greenwood Village St
Suite 250
Greenwood Village, Co
(800 acres)
2409-163-00-024 Prather, Ned H. and Dollie L.
2409-202-00-028
(52.42 and 70.8 acres)
2411-342-00-956 Bureau of Land Management
2409-212-00-952
80111 -1917
P O Box 174
De Beque, Co
81630-0174
50629 HighwaY 6&24
Glenwood SPgs, Co
81601
The owners of the mineral rights and their addresses for the subject property are
as follows:
2409-171-00-058 Occidental Oil Shale
(Subject Parcel)
2798.7 acres
Callahan Tower #3
Parcel
/zqt1-261-00-007
(Subject Parcel)
790.5 acres
2411-231-00-010
(565.01 acres)
2409-171-00-058
(2798.7 acres)
Owner
Occidental Oil Shale
Occidental Oil Shale
Occidental Oil Shale
P O Box 27570
Houston, TX 77227-7570
Address
P O Box 27570
Houston, fX 77227-7570
P O Box 27570
Houston, TX 77227-7570
P O Box 27570
Houston, TX 77227-7570
C/O Shell Oil ComPanY
P O Box 4854
Houston, TX 77010
50629 Highway 6&24
Glenwood Spgs, Co 81601
2411-101-OO-015 Shell Frontier Oil & Gas Co
(164.5 acres)
2411-342-00-956 Bureau of Land Management
The owners of the mineral rights and their addresses for the subject property are
as follows:
Tract:Owner:
6
2411-261-00-007 Occidental Oil Shale P O Box 27570
(Subject Parcel)
790.5 acres
Houston, TX 77227-7570
Requirements of Paragraph 6:
A. Copy of Warranty Deed and legal description: Exhibit # 17
The Warranty Deed and Legal Description dated June 30, 1975 conveys
the subject property from the Callahan Trust to Occidental Oil shale.
B. Legal Location:
Callahan #1 Tower NE % NW % Sec 16 T65 R96W
Callahan #3 Tower NW % NE % Sec 25, T7S R97W
Requirements of Paragraph 7.
Not required as SUP Application was prepared by Williams Production
RMT Co.
Requirements of Paragraph 8:
lmpact Statement pertaining to 5.03 of the Zoning regulations;
5.03.07 1(A) Lavuful Use of Water
1. No SWMP deemed necessary as there will be virtually no
surface disturbance at the site. The only surface disturbance will a
3' X 3' X 4' excavation filled with concrete to serve as a base for the
radio tower.
2. Spill Prevention Control and Countermeasure Plan:
Note. Not required for this project as there will not be any
materials stored at the Facility that would require an SPCC plan.
3. Domestic Water System: Not required
5.03.07 1(B) lmpact on Adjacent lands
1. Vapor: There is no vapor anticipated from operations of the
"Facility".
2. Dust: To eliminate dust during the construction at the site, water
will be sprayed as needed during construction. The only surface
disturbance will a 3'X 3'X 4'excavation filled with concrete to
serve as a base for the radio tower. Once the construction is
complete, the sites will be fenced with a 8' chain link fence.
3. Smoke: No smoke will generated at the "Facility".
4. Noise: The only noise generated at the site once the
construction of the site is complete will be during the occasional
periods when the generator operates. The noise produced will be a
maximum of 70 dB(A) at 23 feet.
5. Glare: Some glare may be generated from the solar panels.
There are however, no dwellings or other occupied structures within
at least 1 mile of the "Facility?
6. Vibrations: No vibration will be generated at the "Facility".
5.03.07 1 (C) lmpact on Wildlife and Domestic Animals:
1. Wild Life:
2. Domestic Animals: There have been not domestic animals
observed in the immediate area of the "Facility".
5.03.07 1 (D) lmpact of Truck and Automobile Traffic:
Once the sites are operational, the sites will only be visited for
routine maintenance and repair as needed. lt is estimated the sites
will only be visited monthly.
5.03.07 1 (E) lmpact on Abutting Property:
All structures located at the "Facility" will be located no less than
100 feet from any property line. The property on which the "Facility"
would be located abuts the following properties:
Callahan Tower #1:
1. To the north is 800 acre tract owned by Puckett. The land
contains no dwellings and is currently used for grazing and natural
gas extraction.
2. fo the east by two tracts of 52.42 and 70.8 acres,
respectively, owned by Ned H. and Dollie L. Prather. The tracts
contain no dwellings and are currently used for grazing.
3. To the south, north and east is a multi section BLM tract.
The lands contain no dwelling and are currently used for grazing
and in an area of natural gas extraction.
4. To the west is 790.5 acre tract owned by Oxy. The land
contains no dwellings and is currently used for grazing and in an
area of natural gas extraction.
Callahan Tower # 3:
1. To the north by a 1200 + acre tract owned by BLM. This
property contains no dwellings and is currently used for grazing'
2. To the northwest by 164.5 acre tract owned by Shell
Frontier oil & Gas lnc. This land contains no dwellings and is
currently used for grazing.
3. To the south is a multi section tract owned BLM.
The land contains no dwellings and is currently used for grazing.
4. To the east is 2798.7 acre tract owner by the occidental
Oil Shale and is currently used for grazing and natural gas
extraction.
The adjacent uses include vacant land, grazing, and natural gas
extraction. All of the surrounding properties are zoned Resource
Lands.
5.03.07 2 (A) Site Rehabilitation Plan
The site rehabilitation will be minimal for the foreseeable future as it
will be used by Williams or its successors to support the production
from the natural gas wells in the immediate area which will likely
produce for another 20-30 Years.
At the time the existing and or proposed towers are removed from
the site, the ground will be recontoured to the natural surroundings,
water runoff control measures implemented, and the entire
disturbed area reseeded with an appropriate seed mix.
9
Requirements of ParagraPh 9:
5.03.08 (1) Volume of Sound:
The proposed "Facility" will no have permanent equipment on-site
that would produce noise above the state decibel limits.
5.03.08 (5) Storage of Flammable Materials:
A 2SO gal propane tank will be located at the Callahan #1 tower
site.
site access will be provided as required per the Grand Valley
Protection District.
Fire Extinguishers:
Fire department may require a self extinguisher on the propane
fueled generator.
Fire Department Walk-Th roug h :
A walk-through will be scheduled with the GVFPD prior to operating
the proPane fueled generator.
5.03.08 (5) (B) Fence Enclosure.
williams plans to fence the towers with an S" chain link fence.
facility.
5.03.08 (5) (C) Security of Materials and Wastes
As a part of Williams E, H &S policies, notation is made to securing
all loose materials and trash so these items are not distributed
about during high winds. All trash will be deposited in secure trash
receptacles anO transported to an approved land fills as needed'
Any irash inadvertently allowed to blow off-site will be retrieved by
Williams and disPosed of ProPerlY.
5.03.08 (5) (D) Storage of Heavy Equipment:
Except during the initial site preparation, no heavy equipment will
be stored at the "FacilitY".
l0
5.03.08 (6) Water Pollution:
No SWMP is being prepared for the site.
Requirement of Paragraph 10:
Williams has signed the "Agreement for Payment" and has attached a
check in the amount of $400.00.
Requirement of Paragraph 11 :
2 copies are submitted.
1l
Williams Production RMT Company
Application for Special Use Permit
Radio Towers
Parachute Area
Garfield County, Colorado
List of Exhibits
1. "Report of the Unlicensed Devices and Experimental Licenses Working
Group" November 15, 2003, page 8
2. "Truly a watershed Event" Mobile Radio Technorogy, Feb 1,2ool, page 1
3. Code of Federal Regulations Title 47 Telecommunications, Oct '1, 2000, Sec
15.247aiii b1.
4. Lease Agreement between OXY and Williams Production RMT Co Callahan
#1 Tower
5. Lease Agreement between OXY and Williams Production RMT Co Callahan
#3 Tower
6. Tower Location Map
7, 8, I Photos of Callahan #1 Site.
10. Specifications of Propane Fueled Generator proposed for Callah an #1tower.
11. Callahan 3 Tower Component Schematics
12. Prosoft Technology Brochure - Radiolinx lndustrial Hotspot Radio
13. CDOW Letter
14. vicinity Map showing location of existing and proposed towers.
15 & 16. County Assessor Maps
17. Warranty Deed and legal description of property
t2
fxh; b;/ + t
Federal Communications Commission
Spectrum Policy Task Force
Report of the Unlicensed Devices and Experimental
Licenses Working Group
November 15 ,2002
/t
HomeRF Working Group.5 This technology provides data capabilities similar to WiFi but also
includes voice capability.
Unlicensed consumer devices are also being developed to provide very shorFrange (on
the order of 10 meters) wireless "personal area" networks (WPANs). "Bluetooth," which uses
2.4 GHz gpread spectrum frequency hopping technology, is the dominant WPAN technology at
this time.6 Bluetooth devices are beginninglo be included in many devices such as mobile
radiotelephones, laptop computers, printers and personal digital assistants (PDAs) and some
experts believe that it could become a standard feature in many consumer electronic devices.
Finally, other unlicensed technologies such as power line carrier (PLC) systems that use the
elecffic power lines to transmit data and ultra wideband (UWB) devices are being developed and
hold great promise for poviding consumers with new data and computer networking
capabilities.
The Synergy Research Group recently reported that the wireless LAN market posted its
eighth conse,cutive quarter of doubledigit growth and that total growth fiom 2000 has been over
150 percent.' lt estimates that over 5 million unlicensed wireless LAN devices were shipped in
2001 and predicts that 2l million Americans will be using wireless LAN devices by 2007 .
Gartner Research predicts that by 2006 approximately $5.6 billion per year will be spent on
Bluetooth technology and more than 560 million Bluetoottrenabled devices will be purchased by
businesses and consumerr.t It it estimated that by 2004 over 45 million business laptop
computers will use the WiFi standard.e Analysts project that by 2007 there will be ovir 90
million WiFi enabled devices worldwide and over 40 million people roaming in WiFi
hotspots.lo
4. Regulatory History of Unlicensed Operation
The rules for unlicensed use of RF devices were first established approximately sixfy
y"a., ugo." In 1938, the Commission allowed devices employing relatively low levei Rn iignals
to be operated without the need for individual licensing as long as their operation caused no
harmful interference to licensed services and the devices dd not generate emissions or field
s The HomeM Working Group was lormed in 1998 and includes more than 70 companies from the personal
computer, consumer electronics and related fields. See http://www.homerf.ors/products/for an example of HomeM
devices.
6 Bluetooth was created by Ericsson in I 994. The Bluetooth Special Interest Group (SIG) was formed in 1998 to
develop and promote an open standard lor short-range wireless netrvorking. Charter members of the SIG include
Ericsson, Intel, IBM, Nokia and roshiba" Information on Bluetooth products can be seen at
http://www. bluetoofi .corn/techlproducts.asg .
7 Comments of Consumer Electronics Association, Docket No. 02- l 35, p. 3
8 Communications Daily, September 5, 2002.
e Roger O. Crocketl et al.."All Net, All the Time," Bas iness ll/eek, Apil 29,2002
l0 Elizabeth V. Mooney, "Joltage Aspires to be Wi-Fi Heavyweight." RCR lltireless News, April 22,2002, at20.
ll This historical discussion is based on the Report and Order in Docket 87-389, 4 FCC Rcd 3493 ( 1989).
strength levels greater than a specified level that was chosen to ensure that the device generally
would not cause interference. '' Typical kinds of equipment operated under these regJations
were wireless record players, carrier current communication systems (such as, campus radio
systems) and remote control devices.
At the time the original unlicensed standards were adopted, most Part l5 RF devices were
designed to operate below 30 MHz and compliance with the field strengtr limit was relatively
easy to achieve. However, as the industry designed products intended for operation on highir
frequencies, it became more difficult to meet the field strength limit because the allowable field
strength level decreased as the operating frequency increased. Over the years the Commission
amended and expanded Part l5 of the rules to permit the norrlicensed operation of devices at
higher field strengths in certain higher frequency bands in those cases where it could be
determined that the wide-spread use of such products would not result in harmful interference to
authorized radio services.
In the 1950s, the Commission adopted new technical standards for devices such as radio
receivers and low power transmitters operating in the 27 MHz bard and above 70 MHz. In the
1960s through the 1980s, additional provisions were made under Part l5 to permit the operation
of equipment such as wireless microphones, telemetry systems, garage door-openers, TV
interface devices (e.g., video cassette recorders), field disturban"" r"nto.s (e.g., anti-pilferage
systems for retail stores), auditory assistance devices, control and security alarm devices, and
cordless telephones.
In 1985, Commission first authorized the operation of norrlicensed spread spectrum
systems in the 902'928 MHz, 2400-2483.5 MHz, and 5725-5850 MHz bands under part l5 of
the rules at a power level of l,W which was significantly higher than previously permitted
unlicensed use in other bands.''' Spread spectrum techniques, developed by the US military for
use during World War Il, have high immunity to interference and low probability of intercept.
These same qualities make spread spectrum systems an attractive technology for consumer use.
The authorization of spread spectrum devices was signf icant for two reasons. First, the
Industrial, Scientific and Medical (lSM) bands at 902-928 MH2,2400-2483.5 MHz and 5725-
5850 MHz are generally used for non-communications purposes so concerns about interference
12 The limit applied to these early devices was l5 microvolts/meter (uV/m) at a distance equivalent to the
wavelength ofthe operating frequency divided by 2p.
]r Spread spectrum communication_systems use special modulation techniques that spread the energy of the signalbeing transmitted over a very wide bandwidth. The information to be conveyed is modulated onto-a'carrier by"some
conventional techniques, usually a digital modulation technique. and the bandrvidth ofthe signal is deliberateiy
widened by means of a spreading function. The spreading technique used in tre transmitter ii duplicated in the
receiver to enable detection and decoding of the signal. Spread spectrum systems offer hryo important technological
advantages over conventional transmission schemes. Firsi, the spreading reduces the power density otthe signil at
any given frequency within the transmitted bandwidth, thereby reducing the probability olcausing interferen"ce to
other signals occupying the same spectrum. Second. the signal p.oc"rring in spread spectrum ry.ie.. tends to
suppress undesired signals, thereby enabling such systems to tolerate strong interfering signals.
to primary services were small. 14 Therefore, interference to other licensed and allocated serviceswas less of a concern and higher power could be allowed. Second, the ISM frequencies or
"unlicensed bands" provided sufficient bandwidth to permit the development of unlicensed
devices with high data rate capabilities.
The Commission's spread spectrum rules have been highly successful and have led to the
development of a wide range of useful consumer products and devices. The number of
unlicensed devices authorized has grown steadily over the yeas. Fueled by the growth of
computer networking applications, such as WiFi, and Bluetooth, the number of spread spectrumauthorizations skyrocketed to 262 in 2000 and then 506 in the first eight months of 2002. Thefollowing graph shows the annual growt-r in spread spectrum authoriiations.
Part't5 Spread Spectrum Equipment
Authorizations
't 992 1994 1 998 1 998
Calendar Year
2000 2002
In its 1989 revision of the Part l5 rules, the Commission established new general
emission limits in order to create more flexible opportunities for the developmeniof newunlicensed transmitting devices. These moregeneral rules allow the ope.uiion of unlicenseddevices for any applicition provided that the dlvice complies with specified emission limits.This revision also established new "restricted bands" to protect cert;in sensitive radio operations,such as satellite downlink bands, and federal gouernmeni operations, and prohibited
transmissions by unlicensed devices in those bands.
The Commission has continued to update and expand the Part l5 rules to provide newopportunities for unlicensed operation, includhg the designation ofadditional ffequency bands for
unlicensed use. For example, in 1993, the Commission disignated 20 megahertz for unlicensedpersonal communications services (Unlicensed PCS). Ten mlgahertz was set aside forasynchronous (primarily daa) and ten megahertz was set asidJfor isochronous (primarily voice)
operations.
ra For example, these bands are used lor industrial purposes, including heating and sealing materials, such asplastics' during manufacturing processes. The 240b MH, b*d is the-locatioriof most. if not all, current and recenrmodel consumer microwave ovens.
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Leese AeReeueur
This Lea$e, dated as of ZBth April, 2006 ("Effective Date'), is between Bargath
lnc and Wllianrs Production RMT Company, 1515 Arapahoe Street, Tower 2, $uite
1000, Denver, Colorado ('Lessee') and Occidental Oil Shalerlnc. having an office at 5
Greenway Plaza, $uite 110, Houston Texas 77046-0506("Lessof)
Lensep PneryrEEs:
ln consideration of the covenants and agreements herein contained and in the
faithful performance by the Lessee, of sucfr terms, conditions and agreements, the
Lessor does hsreby demise and lease to the Lessee and Lessee does hereby rent and
take as Lessee the right to use the surface of the tract of land situated in Garfield
County, Colorado, ("Premises') described as follows:
. See Exhibit uA" attached hereto and made a part hereof.
FUnposs:
Lessee represents that the Premises are being rerrted for the. prrposes of
consUuding, ereding, installing, operating, maintaining, inspecfing, usirq, replacing and
r-epairing, a remote unrrrarrned communication$ tower not to exceed 150 ftet in height
and a building near the base of the tcnrar, $fiich will contain the remote hansmitter and
related equipment necessary for the operation of ths facility ("Tourrar Facilitf ) --
Rrcnr or Wey:
lnsofar as is required for the installation, maintenance ard operation of the Tower
Facility, Leesee shall have the right of ingress and egress for access acrosE existing
roads or along a road constusted and maintained by Lessee in consultation with
Lessor, extending over properties of Lessor to the Tower Facility for authorized
personnel, agents, inviteas and licensees of Lessee. Leseor is under no obligation to
improve or maintain suclr right of way and acce$s way and Lessee shall be solely
responsible for any necessary preparation ard maintenance of the same to the Tower
Fadlity. $ucft accoss ehall be subiect to reasonable terms and conditions as may be
established by Lessor so that Les$ee's use thersof does not interfere with Lessor's
op€ratiofi$ on its property. Lessor may, from time to time ae nseded, designate an
alternative way of access.
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TeRus:
The term of this Lesee shsll be ten (10) ysar$, (-Primary Term") from the
Effective Date stated above snd Le$see ha$ the option to renew this Lease for one
additional ten (10) year period under the sarne terms. lf Lessor requires the premises
for: its mineral operations, or Lessor shall determine, at Lsssot's sole discretion that the
preeence of Lessee's equipm€nt, $trustures, etc., unreasonably interfere with such
mineral operations, or if after five (5) years Lessor may wish to recapture the premises
for any reeson, Lessor may terminate this Lease with the Lessee by the Lessor giving
Lessee eighteen (18) months prior written notice of Lessor's intent to terminate this
Lease and recapture the Premises. ln the event of expiration or tsnnination hereof
Lessee shall remove all equipment, lines, and structures fom the vacate the premises
within six (6) month$ of the termination date, arrd complete all cleanup, recontouring,
reseeding arrd other restoration activities, excluding only any required reclamation
maintenance, within three (3) months of the removal of the strudures.
RENT:
$ubject to the escalation clauses below, Lessee egrees to pay $1,00o.00 to
Lessor as an annual rental for this Lease beginning on the execrrtion of this Lease and
$1,0O0.m on or before December 1 of eacfi year for the term of this Leesa. Said
annual rental shall be increased on tlre fifth (51 anniversary of the effestive date hereof,
and every five (5) yesrs thereafter,S% increase to sctount for inflation and preserve the
purchasing pot Gr of the annual rental.
$hould Lessee fail to pay any annual rcntal or other charge in a timely manner,
or fail to maintsin the premises free and clear of all liens and encumbrances, Lessor
,may terminate this Lease upon thirty (30) days written notice to Lessee. ln the event of
sudt termination, Lassee shall immediately remove all of its property of whatever kind
or charaster from the prEmases, othenrige clearr, end restore the premise$ es required
herein.
Any sum due herzunder to Lessor and not peid timely shall bear interest at the
highest lawful rate from the date due until zuclr time as Lessor shall recoiva payment
thereqf in full. $hould Lessor determine, in Lessot's sole discretion, that legal action or
other collection action, is rea$onable or required to coiled any $ums due hereunder or
errforce any other rights hereunder, Lessee shall rgimburse Lessor for all the costs and
Bxp6nse$ incuned in such action, including attorneys'fees and other litigaUon costs and
expense$.
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Lessgg's Rterrro usgrnE PRoPeBw:
Lessee acknowledges that this Lease and Lessee's nghts 'l' acro$g the Lesso/s
surfsc', arrd to the demiied Premises are and shell be at all times subordinated to
Lessorrs mineral estste. Lessee further acknowledges that Lessor snd its affiliates are
in lhe energy exptoration, drilling end dist inution dusiness; and that Lessor and/or its
afiiliates, agents and licensees have and retain any and all subsurface rights in and to
th; p*p"rty. Should he presence of Lessee'g rights of access, equipment, and
facilities become incorp"tibll with the prudent devetopment of Lessol's mineral estate'
Giio1. may terminats this Lease upon eighteen (18) months written notice to Lessee'
LeFsee's QsucnrpN ro DEreNo. lNoeuNFY LF;sspn;
Lessee hereby agrBe$ to defend, indemniff, and hold harmless Lessor' its
afrifiatJ corporafioni, "-no
its and their officsrs, direciors, employees, agents arrd
refresentativbs from and against any liability, loss,. claim demand, damages' cost' or
,+;"*,lnctuaing-attd#; rees aho cosis of litigation, relating to anv damage or
injury (induding environment"l Oamage, contamin{ion I injury) to the person' including
death or propefty of any person, coforation, partnership, joint venture or other entity,
n f,eift"i firUilc cir prirail (incf uOing property of lessor) arising diredly or indirectly, out
of or in connection'with (1i Less€";s'construcfion, ownership or poesesslon of the tower,
UlilAingr, i",ltitiir, po"riii lines or equipment (2) Lessee's use of the Premises, (3) or
the presence of Lessee's lines, eqliiment,'itrusturee or facilities on the Prernises
without reggrd to whEther the ad, event, oc{iltrenca, injury, or damage, complained of
shall consiitute, or G occasioned by, the misfeasance, melfoasance, or non-feasance,
or without fault athibutable to lessee. $aid obligation of defense, indemnificatiqn shall
not be refr;ced or uaneo by any theory of negtigencB, comParative or contributory
n"gfftn." Jn tft* part of LeEsor, or its *inployees, not amounting to gross negligene
or willful misconduc.t, nor any theory of consent, aseumption of rislt',. or any other cost or
risk shifting tfr€ory at faw oiin equity. The provisions.of this section shall surYive sny
termination or rypriion of this'Ljase noiwithstanding any payment or settlement
between the parties unless any uucfr settlement is in wriiing and suctr writing explicitly
refers to thie section.
I NOEU.NHCETIOiI LABOR ANO II,ATERLALq:
Lessee hereby indemnifies and agrees to hold harmless Lessor from and against
any liability, claim, demand, **t,
"nd
iln"nt_", including attorneys'fees and litigation
co$ts, relating to any deim or Iienfor laboi pertormeO or material relating to any serurity
interest or other kird of lien, cfrarge or fieh for labor per'formed or material relating to
any security interest or other kind of lien, cfrarge or encumbranoe arising directly or
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4 of E R 41.00 O o.w GRRFIEIII C0UI{TY C0
indireetly out of or in mnnection with this Lease. Lessee shall promptly dise}targe its
obligrations to its laborers, materialmen, subcontractors, and creditors and shall ensure
that its subcontractors do likewise. The provisions of this section shall survive any
termination or expiration of this Lease notwithstanding any payment or settlernent
between the pafiies unle$s any such setUement is in writing and sudt writing axplicitty
refers to this section.
lxsuRnxce:
Prior to commencement of the Lesse, Lessee shall obtain ald maintain in force
at its expense the following coverage: Worksls Compensation inzuranoa in
accordanoe with statutory limits and Employefs Liability coverage with a limit of
$1,000,000.00 per occurenoe. Suclr liability insurane shall contain provisions insuring
tfre contractual liability assumed hereunder, naming Lessor and its afiilided companies
as an additional inpufed Wilh teqp_ec't to this Leese and providing that such insurance is
primary to any liability insuranca carried by the Lessor, Lessee shall fumish Lessor with
insurance cefficates prior to commencement of this Lease certifuing that insurance
coverage specified herein is in force and that Lessor will be given thirty (30) days wriften
notice prior to sny cancellation or matsrial change in above coverage. All insuranee
required to be canied by Lessee shall contain a waiver of subrogation in fuvor of
Lessor. Should Lessee cfiange, amefid, gltsr, csncel, or allow the termination of sucft
insurance coversge, withor.rt immediate replacement thereof, Lessor may at its option,
terminate this Lease and require Lessee to immediately remove all equipm€nt, facilities,
structuro$, and porer liens ftom tha Premises.
Cor4fltsrucEwru Lnws:
Lessee shall comply stoicily *itn "nJ ;;i; fno*n to its employees and
subcontractors all safety, security, and health rules iesued by the Lessor and with all
federal, $tde, and local laws, ordinance$, orders, rules and regulations applicable to
this Lease
Penurs:
Lessee shall obtain and pay for all necesssry psrmits, certificates, and licen$€s
necessary for the construction and /or maintenarlcg of the premises and the Torer
Facility,
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UpOn expiration or termination of thiS Lease for any reason, Lessee shall at its
SCIl6 COst, risk, a116 expense, remove "lt Ot itS eqUipmenf, struCtureg' tOWe[' building'
facilities, power liens, guy line$ anJ anchors, arld other pelso.na!. propefty from the
p;!*;;;;.' ffre siiJ,'p6rvLr line easement, and acces$ riaO snatt be clearred of all
debriS, trash, and/or'other contaminates, rgcontoured to their originat state and
resasd€d with an approved grass mix for the area. Said areas shall thereafter be
maintained for reclamation purpor*r untit Lessor shall determine thst the vegetation is
sufficiently established and the area has besn restored to as near it$ original condition
as $hsll be possible.
lvlamrexexce or Eneumes:
. -- --LeSs.ee shall.At all times maintain and keep the site' building, -T9w.er Facility' and
polver lirps in good ,ep"ir and the sunounOing premises clear of debris' 'lTl''il:Iiffon.'Tr,""rjl-ssee fail to so p".ro* to LJsior's $stisfaction, after ten (10) days
notice of a deficiencv ano failure on the Part of Les$es to corred or commence to
corect the s6uation *rpl"in"o "r tessoi shall be authorized, but not obligated' to
contra(* for the maintenaic8, and cfeaning of the site and invoice Lessee for thE ac*ual
cost of suclr services. The contractor sel;dion shall be in Lessofs sole discteUon and
all sucft cfralges end cost$ actually inctrned shall be conclusively determined to ba
reasonable and aPProPriate.
Lessee shelt not assign this Lease or enter into any sublsase for.this Lease site
or any portion tf,ereoi n inoit 11re prioi written consent oi tessor, which consent shall
not bi unreasonahly withlreld or delayed.
Release
Lessee sgrees to fumish Lessor a reordable release of the rights granted under
the terms of this Leasa at the termination of this Lease.
Loss oR DEsrRucnoN QEP,RoPERTY:
LeSsee shall be responsible and liable for any loss, desfucfion.o{ or damage to
Lessor,s prop€rty, including but not limitad to the Lease sile or any part thereof' cauSed
by Lessee, lts empioieei,ig"nt*, ticeniees, subcontrsdors or others acting through or
on behalf of Lessee,
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Nott'ExcLusvr Use or PRoTERTT:
Lessee agrees that as part d the consideration for this Lease, Lessor and its
affiliates shall hive the right to use both the Tower Facility and the way of accsss
thereto so long as such use does not unreasonably interfere with the acce$s and use of
the Lessee herzunder,
ENrneAeneememr:
This Lease constitutes the Bntire agreement of the parties hereto, and
supersedee any and all prior leases, agreements, representation, and understanding of
the parties or their predecessors in interest concerning this subiect matter. No change
in or the addition or waiver of any of the terms and conditions of this Lease shall be
binding upon either party unless in writing and signed by an authorized reprg.gg!:tglife-gl
such party.
Lessee
Bmcaw lrc.
Willlame Production RMT ComPany
Title: lftomey-in-Fsd 5U
LE$$OR
Ocsoeutlt CIt Sxx-e, luc.
By:
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STATE OF COLORAD
CCIUNTYOF DENVER
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The foregoing instrument was scknowledgert before me this 26th day of April, 2006 by Joseoh P.
Ban$of Baryeth lnc.
My commission expires: t I - I *- 2lo t
Notery Public
ffi
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The foregolng tnsrument r,rnas acmo$edged before me thisiSttr nay oTTffieOOG [y-JgEgEh P. Ber€E
of wllliems Production RMTCompany
?",L,li 0nx''=
Notary Public
\ -dhe l6spgolng instrument was acknowledged before ^, niJl*day of May, 20ftt by
. lo t" llf-h Jlr\ .st o of ocoirlental oil $hale, lnc.
My commtsston sxptr6s: ll - I $- ? oo9
My commission eqfres:
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This Lease, dated as of .tune 26 , 2OO7 ('Effective Date"), is by and among
Bargath lnc. ("Lessee" or "Bargatfi;lZnd -Williams Production RMT Company
(,,Williams,,), 1515 Arapahoe Streei, io*"r 2, Suite 1000, Denver, Colorado ("Lessee")
and occidental oil shale, lnc. having an office at 5 Greenway Plaza' Suite 110'
Houston Texas 77046-0506 ("Lessor")
Leeseo PRrlatsgs:
ln consideration of the covenants and agreements herein contained and in the
faithful performance by the Lessee of such terms, conditions and agreements' the
Lessor does heren, A"h[" and lease to the Lessee and Lessee does hereby rent and
take as Lessee the rightto use one hundred feet by one hundred feet (100'x 100') of
the surface of the trni (;'ir"mises") situated in the i.lorthwest Quarter of the Northeast
euarter (NWl4 NEr4i oi Section 25 i; Township 7 South, Range 97 West' Garfield
County, Colorado.
Exhibit "A' attached hereto and made a part hereof shows the exact location of
the tower described below.
PuRpose:
Lessee represents that the Premises are being rented for.the purposes of
constructing, erecting, installing, operating, maintaining, inspecting, using, replacing and
repairing, a remote i'nmanned communications tower not to exceed 40 feet in height
and a solar panel, wind turbine, and a battery boxrear the base of the tower ("Tower
Facility"). Upon installation of Lessee's Tower Facility and associated equipment'
Lessee must provide Lessor with an as-built survey identifying Lessee's Tower Facility
and all of the associated equipment'
Rrenr orWeY:
lnsofar as is required for the installation, maintenance and operation of the Tower
Facility, Lessee srratl 'nave the right of ingress and egress for access across existing
roads or along a road constructed and haintained by Lessee in consultation with
Lessor, extending over properties of Lessor to the Tower Facility for authorized
personnel, agenti invitees and licensees of Lessee. Lessor is under no obligation to
improve or mainiain sucn right of way and access way and Lessee shall be solely
responsible for any necessary pr"prtriion and maintenance of the same to the Tower
tt5
Facility. Such access shall be subject to
established by Lessor so that Lessee's
operations on its property. Lessor may,
alternative way of access.
TcRU:
The term of this Lease shall be ten (10) years ("Primary Term") from the Effective
Date stated above and Lessee has the option to renew this Lease for one additional ten
tf-Oi V""1, period under the same terms. lf Lessor requires the Premises for its mineral
op"r"tion., or Lessor shall determine, at Lessor's sole discretion, that the presence of
Lessee's equipment, structures, etc., unreasonably interfere with such mineral
operations, or if after five (5) years Lessor may wish to recapture the premises for any
reason, Lessor may terminate ttris Lease with the Lessee by the Lessor giving Lessee
three ('3) months prior written notice of Lessor's intent to terminate this Lease and
recapture the premises. ln the event of expiration or termination hereof Lessee shall
remove all equipment, lines, and structures from the premises within six (6) months of
the expiration or termination date, and complete all cleanup, recontouring, reseeding
and other restoration activities in accordance with Bureau of Land Management
specifications within three (3) months of the removal of the structures.
Rerur:
Subject to the escalation clause below, Lessee agrees to pay $1,000.00 to
Lessor as an annual rental for this Lease beginning on the execution of this Lease and
$1,000.00 on or before JuneZ& of each year thereafer for the term of this Lease. Said
annual rental shall be increased 37o on the fifth (5h) anniversary of the effective date
hereof, and 3% every five (5) years thereafter, to account for inflation and to preserve
the purchasing power of the annual rental.
Should Lessee fail to pay any annual rental or other charge in a timely manner,
or fail to maintain the premisei free and clear of all liens and encumbrances, Lessor
may terminate this Lease upon thirty (30) days written notice to Lessee. ln the event of
srih termination, Lessee shall immediately remove all of its property of whatever kind
or character from the premises, and clean and restore the premises as required herein.
Any sum due hereunder to Lessor and not paid timely shall bear interest at the
highest lawful rate from the date due until such time as Lessor shall receive payment
thEreof in fult. Should Lessor determine, in Lessor's sole discretion, that legal action or
other collection action is reasonable or required to collect any sums due hereunder or
reasonable terms and conditions as may be
use thereof does not interfere with Lessor's
from time to time as needed, designate an
enforce any other rights hereunder, Lessee shall reimburse Lessor for all the costs and
"ip"n"", incurred li such action, including attorneys' fees and other litigation costs and
expenses.
Lessee's Rtent to use ttte PRoPeRw:
Lessee shall not use any frequency that will interfere with Lessor's operations or
any existing towers. ln addition, Lessee acknowledges that this Lease and Lessee's
rights grrnieO hereunder in and across the Lessor's surface, and to the demised
piemisLs are and shall be at all times subordinated to Lessor's mineral estate. Lessee
further acknowledges that Lessor and its affiliates are in the energy exploration, drilling
and production business; and that Lessor and/or its affiliates, agents and licensees
have and retain any and all mineral and subsurface rights in and to lhe property. ln
Lessor's sote discretion, if Lessor determines that Lessee's rights of access, or the
presence of its equipment, or facilities become incompatible with the.development of
L"ssor's mineral estate, Lessor may terminate this Lease upon three (3) months prior
written notice to Lessee.
LesseE's OgltelrloN ro DerrNo. lt',loehrNlrv LessoR:
Bargath and Williams hereby agree to defend, indemnify, and hold harmless
Lessor, itJ affiliates, and their respective officers, directors, employees, agents and
representatives from and against any liability, loss, claim, demand, damages, cost, or
expense, including attorney's fees and costs of litigation, relating to any damage or
injury (including eivironmental damage, contamination or injury) to any person or death
of any'person, or damage (including environmental damage, contamination or injury) to
property of any person, corporation, partnership, joint venture or other entity, whether
fublic or privaie'(including property of Lessor) arising directly or indirectly out of or in
connection with (1) Lesiee's construction, ownership or possession-.of the tower,
buildings, facilities or equipment, (2) Lessee's use of the Premises, or (3) the presence
of Lesiee's lines, equipment, structures or facilities on the Premises, without regard to
whether the act, event, occurrence, injury, or damage complained of shall constitute, or
be occasioned by, the fault, misfeasance, malfeasance, or non-feasance of, Lessee.
Said obligation oi defense and indemnification shall not be reduced or baned by any
theory ofiomparative or contributory negligence on the part of Lessor or its affiliates, or
their iespective officers, directors, employees, agents or representatives not amounting
to gross negligence or willful misconduct, nor be reduced or barred by any theory of
coisent, asiumption of risk, or any other cost or risk shifting theory at law or in equity.
The provisions of this section shall survive any termination or expiration of this Lease.
lNoerrlNtrtcnttot l LReoR eNo MereRtRls:
Bargath and williams hereby indemnify and agree to hold harmless Lessor and
its affiliates from ,nO "Ainst
any fi"Uifity, claim, demlnd' cost' and expense' including
attorneys' fees and litigation costs, ,"i"iilg to a1y gla'I or lien for labor performed or
materiar rerating to any security interesi or"otn"r kind of rien or charge arising directly or
indirecfly out of o, in tonnection wittr *ris Lease. Lessee shall promptly discharge its
obligations to its laborers, materialmen, subcontractors' and creditors and shall ensure
that its contractors and subcontractois oo rikewise. The provisions of this section shall
survive any termination or expiration of this Lease'
It'tsuRRxce:
PriortocommencementoftheLease,Lesseeshallobtainandmaintaininforce
at its expense the following "ou"irg"' Worker's Compensation insurance in
accordance with statutory limits ,nJ t*pfoyer's Liability coverage with a limit of
g1,000,000.00 per o""rrrdn"e. Such liability insurance shall contain provisions insuring
the contractual tiaOil;ty assumed hereunder, naming Lessor. and it3 affiliates as
additional insured with respect to inis Lease and pioviding that such insurance is
primary to any liability insurance carried by the Le9s91 Lessee shallfurnish Lessor with
insurance certificatei prior to commenc"ment of this Lease certifying that insurance
coverage specified herein is in force uno tnrt Lessor will be given thirty (30) days written
notice prior to any cancellation or material change in above coverage' All insurance
required to be carried by Lessee shall contain a waiver of subrogation in favor of
Lessor. Should Lessee change, ,tn"nd, alter, cancel, or allow the termination of such
insurance
"or"rrg"-,-*i11rout
iirmediate replacement thereof, Lessor may at its option'
terminate this LeJse and require t-essee to immediately remove all equipment, facilities,
and structures from the Premises.
CoupltancEwtrn Lnws:
Lessee shall comply strictly with and make known to its employees' contractors
and subcontractors all safety, .""riity, and health rules issued by the Lessor and all
federal, state, and local laws, ordinrn""t, orders, rules and regulations applicable to
this Lease.
Penutrs:
Lessee shall obtain and pay for all necessary permits' certificates' and licenses
necessary for tne coniiruction'and/o, maintenance of the premises and the Tower
FacilitY.
Upon expiration or termination of this Lease for any reason' Lessee shall at its
sole cost, risk, and expense, remove ,tl of its equipmeni, structures, tower' building'
facilities, guy tines an["n"f,or", ,niotn"i p"t"on"l'property from the premises' The
site and access roaO shatl be cleaneJ oi "if
debris' trash' and/or other contaminates'
recontoured to their original state aii ieseeOeO *ith an approved grass mix for the
area. said areas .nrtt in"r"after be maintained for recramation purposes untir Lessor
sha, determine that the vegetation is rumiientry estabrished and the area has been
restored to as near its original *nOition as shail be possible' The provisions of this
,"rtion shall survive any teimination or expiration of this Lease'
MRtNrerulNcr or PReutses :
Lesseeshallatalltimesmaintainandkeepthesite,buildingandTowerFacility.
in good repair and the surrounding pr".i""i ctear of debris, trash and rubbish' should
Lessee fail to so perform to Lessor's satisfaction' after ten (10) days notice of a
deficiencyandfailureonthepartofLesseetocorrectorcommencetocorrectthe
situation complained of, Lessor snatiue auinorizeo, but not obligated' to contract for the
maintenance, and cleaning of the slie tnO invoice Lessee for the actual cost of such
services.ThecontractorselectionshallbeinLessor,ssolediscretionanda]lsuch
charges and cost-s'""tu"rivl"curred ,n"ir o" concrusivery determined to be reasonable
and aPProPriate'
AsstexnaeNr euo Sugletrlruc:
LesseeshallnotassignthisLeaseorenterintoanysubleasefor.thisLeasesite
or any portion thereof withoirt the prior written consent of L"t"ot' which consent shall
not be unreasonably withheld or delayed. Lessor may assign this Lease in its sole
discretion.
Release
Lessee agrees to furnish Lessor a recordable release of the rights granted under
the terms of thiJLease at the termination or expiration of this Lease. The provisions of
this section shall survive any termination or expiration of this Lease.
Loss on Desrnucrtoru or PRoPrnw:
Bargath and Williams shall be responsible and liable for any loss, destruction of,
or damage to Lessor's property, including but not limited to the Lease site or any part
thereof, caused by Lessee, its employees, agents, licensees, contractors,
subcontractors or others acting through or on behalf of Lessee. The provisions of this
section shall survive any termination or expiration of this Lease.
Nox-Exct-ustve Use or PnoPenrY:
Lessee agrees that as part of the consideration for this Lease, Lessor and its
affiliates shall hive the right to use both the Tower Facility and the way of access
thereto at no cost to Lessor so long as such use does not unreasonably interfere with
the access and use ofthe Lessee hereunder'
ETIIRE AERECUETr:
This Lease constitutes the entire agreement of the parties hereto, and
supersedes any and all prior leases, agreements, representation, and understanding of
the parties or their predecessors in interest concerning this subject matter. No change
in or the addition or waiver of any of the terms and conditions of this Lease shall be
binding upon any party unless in writing and signed by an authorized representative of
each party.
Lesser
BeRoerx lxc.
Lesson
Ocqoexrel Ou Sxet-E, lNc.
o tt.l"L< ,,'I>.!..i,r,ricr- ('rt-.jrl*,.tTitle:'
Williams Production RMT ComPanY
Sc#
STATE OF COLORAD
COUNTY OF Garfield
The foregoing instrument was acknowledged before me this 38 O"V of June, 2007, by Sandv
Hotard of Bargath lnc.
My commission expires: \\-l\' Zooct
Notary Public
STATE OF COLORAD
COUNTY OF DENVER
))s
)
All* Jut't
The foregoing instrument was acknowledged before me thi/day of -Uln'q 2007, by Joseoh P'
Barrett of WILLIAMS PRODUCTION RMT COMPANY'
/7''ory
/. ,t
/ 1"5y''"+'of"!)nq 2oo7 byacknowledgedbefore
Marianne R. Frick
NOTARY PUBLIC
My Commieeion Expirce
June 16,2OlO
@itt2ooe
Mv commission exoire"' {lliht t
Stateu,koVue k-S 1
County ,r i{rr-pVlc ) S
'J
, The folegoing .instrument was acknowledged before me thls t / oay oT ,uJnq zwt oy
-lr,€ tk,- 3ti/cc of OccidentalOilshale, lnc. -- ,
trl/"ornri.rion expires: (o- lb - ,Qt'lc-
Notary Public
EXHIBIT''A"
Attached to that certain Lease Agteement dated June 28,
2007,by and between Bargath lnc. and Williarns
Production RMI Company and Occidental Oil Shale,
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SENTRY
By Gillette Generators, fnc.
El h;bi/* ro
.PRO POWERSYSTEMS
lro
MODEL
sPH-100
KW POWER RATINGS RANGE
STANDARD FEATURES
. All generator sets are USA prototype built and thoroughty tested. Production models are USA factory built and l00o/o load tested'
. All ienerator sets will accept 100%o rated load in one step' per NFPA- I I 0'
All generators are L)L'I 446 certified.. All generarors afs ur--r
. capicitor load compensated (CLC) voltage regulation for +3oh is standard on all gen-sets'
_-.-.^^:^^ ao/ c--^: tr;'j:::ji::*:'!Hffi;il",;,J; riiJiur u"t,utor, which auows precise 2o/orrequencv regulation, rrom no load to rull load'
--.^:r^Ll^ ^+ ^ L-^^l.o--o ^f.rnlfaoes: ';;ilffir;',?il*"ilil;;;r#;;G;itn snunt wound excitation syitem and available at a broad range orvoltages'
r .--- r:ff^-^-+ ^-^i-o ^-.1 apnprqtnr 1 plust""#r|,,ff:#ilr-#"ril.rr;;;;f;;';i*-or,rn, LED, annunciation display for dirferent engine and generator functions'
.l t^.,, ^:l ^-.1 l^.', kaftanrffi#;;i. f;";il;d;;;htln tttip., over-crank,6ver-speed' under-speed' low oil' and low battery'
,ilH:fi".fi, #il;il.",.d;;;""ir."p"ur" of delivering rated power at 3600 RPM (60 HZ) or 3000 RPM (50 HZ)'
-.^^- r:*:+^r ,.,^*^6h/ or rimp nf inifiel qfafi-ula
a lliffiY#'L,'l1ili"i'Jr.i.*;;ffiffi,,"tl"J,ii accessories frovide a2-year '-'::llTintv at time or initial start-up' optional
, --h^rdta rr,.aanfrPc.rr SLrrlr 4rvr
exiended warranties are available. cenerators and engines are governed by separate warrantles'
' H,""),r]i11,Toi]io-;j";J|i,"#.i.""0",#t,Jff;,i"^h;;; i'.rppr[J toose ror final exhaust pipe installation svstem,#;I::U"#,:,j'JJ,, ffiffi""";il;, ;;;;;;;iie praced within a weather protected area' un-inhabited bv humans or
r -,,r,^-,^r ^:-^:--i^llarinn crrctem firmished hvtumished by
installer.
o ..STANDARD" Housing: Full weather protection and average sound attenuation for normal applications'
r ..SUpER-SILENT- Housing: Full weather protection and siperior sound attenuation for specific low noise applications' (See "Sound
Level" chart).
ln cooLED t,pcrNc, RESIDENTIAL STANDBY GEN.SET
NOTE: Minimal KW demting due to an oversized prime mover
LIQUID PROPANE GAS FUEL NATURAL GAS FUEL
GENERATOR
MODEL
VOLTAGE PH HZ
150'c RlsE
MAX]MUM
RATING
125'C RlsE
STANDBY
RATING
105"c RlsE
PRIME
RATING
150"c RlsE
MAXIMUM
RATING
125'C RlsE
STANDBY
RAT]NG
105'c RlsE
PRIME
RATING
L-N L.L Kw/KVA Kw/KVA AMP Kw/KVA AMP KWKVA AMP Kw/KVA AMP KW/KVA AMP
sPH-100-1-1 120 240 1 60 10/10 42 10/'10 42 9/9 9.5/9.5 40 9/9 37 8/8 33
sPH-100-3-2 120 208 bU 10t12.5 35 10t12.5 35 9t11 31 9.5/11.8 JJ 9111 31 8/10 28
sPH-100-3-3 120 240 60 10t12.5 30 10112.5 30 9111 27 9.5/11.8 28 9111 27 8/1 0 24
SPH-100-3'4 277 480 J 60 10t12.5 15 10t12.5 15 9t11 13 9.5/1',l.8 14 9111 13 8/1 0 12
sPH-100-3-5 127 220 J 60 10t12.5 2a 10t12.5 33 9111 30 9.5/11.8 31 9111 30 8/1 0 26
sPH-100-1-6-5 110 220 1 50 8 5/8.5 39 8.5/8.5 39 7.5t7.5 34 8/8 50 7.517.5 34 7t7 .71
sPH-100-3-7-5 110 220 J 50 8.5/10.5 28 8.5/10.5 28 7.519.5 24 8/10 tb 7.5t9.5 24 7 t8.8 23
sPH-100-3-8-5 219 380 50 8.5/10.5 16 8.5i 10.5 16 7.5/9.5 14 8/1 0 15 7.5t9.5 14 7 t8.8 13
sPH-'100-3-9-5 240 415 J 50 8 5/10.5 15 8.5/10.5 15 7.5t9.5 13 8/1 0 14 7.5t9.5 13 7 t8.8 12
sPH-100-3-10-5 231 400 3 50 8.5/10.5 15 8.5/10.5 15 7.519.5 13 8/10 15 7.519.5 13 718.8 '13
Gillette Generators, Inc. r 1340 wade Dr. r Elkhart, lN r 465 I 4 r ph. 57 4-264-9639 : F ax. 57 4-262-1840 r Web: www. gilleftegenerators com ' spc4-051 122
APPLICATION AND ENGINEERING DATA FOR MODEL SPH.IOO
.-. GENERATOR SPECIFICATIONS
l, ,rr" ......2 pote, 3600 RpM, revolving field design
Exciter.......... .....................8rushless, shunt excited
Voltage Regulator................. Capacitor load compensated (CLC)
Voltage Regulation .........L3o/o, No load to full load
Frequency..... ..........'....'....60 HZ (50 HZ available)
Frequency Regulation 2o/o (2 cycles, no load to full load)
Unbalanced Load Capability.. ... ......'. 100% of nameplate rating
Motor Starting.... 3 HP, Code G wl 35%o Dip on specific voltages
Total Stator and Rotor Insulation...'......................C1ass H, I 80oC
*:*::::'"*::....:.f
:iilry!*.X.I,ii';';!Z[,I::ffi f .
Bearing......... l, Pre-lubed and sealed
Power Leads. .... 4 Leads for dedicated single phase
Optional 3 Leads for dedicated three phase
Coupling....... ....'.....Direct taper shaft
Totaf Harmonic Distortion Max 6t/zoh (MIL-STD705B)
Telephone Interference Factor.......... Max 250 (NEMA MG1-22)
Deviation Factor............ Max 5o/o (MIL-STD 4058)
Altemator..... ...........Self ventilating and drip-proof
Ltd. Standby Warranty.......24 Months or 1000 hrs., first to occur
Ltd. Prime Wananty 12 Months or 500 hrs., first to occur
ENGINE
Manufacturer Honda Motors
Model and Type ............. . GX620K I VXC2,4 cycle
Aspiration..... NaturallY
Cylinder Arrangement. ..............V-Twin, 2 cylinder
Displacement Cu. In. (cmr). .................'..37%(614)
Bore x Stroke ln. (mm.) ...........3.03 x2.8 (77 x66)
Compression Ratio............. .......8'3:l
Main Bearings & Style....... ..'..Sleeve
Cylinder Head............. ---.. Aluminum
Crankshaft.... Forged Steel
Exhaust Valve............ .... Hardened for dry fuel use
Govemor...... ..........'........ Mechanical
Frequency Reg. (steady state)...........'. .......-.---.+2o/o
Air Cleaner... ..(l) Replaceable main paper element
. ( I ) Replaceable secondary dry-type foam element
Oil Filter....... ( I ), Replaceable spin-on
Ltd. Standby Warranty.......24 Months or 1000 hrs., first to occur
Ltd. Prime Warranty 12 months or 500 hrs., first to occur
Speed .....60H2.........50 HZ
Rated RPM... .3600....'.......'...3000
Ma.x Power, bhp Standby / LPG ........'........ 20...'..'...."....... l6
Max Power, bhp Prime / LPG...............'..... 18..........'...'..... l5
Max Power, bhp Standby i Nat. Gas........... l8 .'.................. l5
Max Power, bhp Prime / Nat. Gas............... 16.................... l3
FUEL SYSTEM
Type............. LPG or NAT. GAS, vapor withdrawal
Fuel Pressure (kpa), in. H2O ...(1.74-2.74),7"-15" Water column
Secondary Fuel Regulator.....................LPG or NC vapor system
::: :::I :::*lllllll1 ::: : ;;;''il,.i','i#$ffi:H1
GENERATOR FEATURES
. Full altemator protection with solid state microprocessor.
based controller, for automatic shutdown protection'
r Automatic voltage regulation by capacitor load compensation
(CLC) design, yielding t37o from no load to full load.
o Altemator power ratings are based on temperature rise,
measured by resistance method, as defined in MIL-STD
705C and IEEE STD I15, Method 6'4.4.
o Power ratings will not exceed temperature rise limitation for
class H insulation as per NEMA MGl-22.40-
o lnsulation resistance to ground, exceeds 1.5 meg-ohm'
o Stator receives 3000 V. hi-potential test on main windings,
and rotor windings receive a 3000 V' hi-potential test, as per
MIL-STD 7058.
o All windings are subjected to "surge" testing to confirm
winding integrity and consistency with dielectric voltage
withstand test per UL2200.39.
o Full copper windings with UL-1446 listing on all altemators.
. All gen-sets are prototyped and production tested.
e Full load testing on all engine-alternator sets, before shipping.
o Hannful harmonic distortions over l07o in generalor power
rvill harm digital loads. Our distortions are only 6%%u
NAT. GAS: FTS/HR (NI3/HR)60 HZ 50 }IZ
-
100% LoAD 140 (4.0)t2 (3.2)
75o/oLOAD 98 (2.8)78 (2.2)
50% LOAD 63 ( r.8)50 ( r.4)
100% L0AD 126 (3.6)l0l (2.9)
'75o/oLOAD 88 (2.5)70 (2.0)
50% LOAD 57 ( r.6)46 ( r.3)
NG = IOffi BTU X F.[,HR=,total BTTI/HR
OIL SYSTEM
Type ............. Full Pressure
OilPanCapacityqt.(L)........... .......'..'.....1.16(l.l)
Oil Pan Capacity W/ filter & oil cooler qt. (L)........'......1.62 ( 1.5)
ELECTRICAL SYSTEM
Electronic
ENGINE SPECIFICATIONS AND APPLICATIONS DATA
FUEL CONSUMPTION
LP GAS: FT3/HR (NI3/HR)60 HZ 50 HZ
100% LOAD 65 .8)52 t.5
'15Y"LOAD .15 3)36 1.0)
50% LOAD 29 .82)23 65
t00% LOAD 56 6)1l 1.3
75o/oLOAD ,10 I 32 90
50% LOAD 26 74)20 .5
LPG = 25OO BTI.] X FTJ/HR = TOTAI BTTI/HR
! Gillette Generators, lnc. r 1340 Wade Dr. . Elkhart, IN o 465 I 4 r Ph. 574-264-9639 t F ax. 57 4-262-1840 r Web. www.gillettegenerators.com . spc4-051 I 22
Ignition System
Eng. Alternator:
Cround Negative
VOITS DC t2
Max. Amp Battery Charging Output................ "".............. I 5
Furnished Battery:......... l2 VDC,45 Amp/Hr, Size BCI# 2lR or
26R(8lz"lgX 7"wi X S%"hi), type "T", "L", or "X" terminals.
Minimum Cold-Cranking amps at OoF (-l7.8oC) :.........390 CCA
Eng. Starter Motor............12 VDC
)
COOLING SYSTEM
Air cooled by generator and engine suction fans. A maximum
33 CFM cooling intake air is needed for proper engine cooling.
EXHAUST SYSTEM
Residential type muffler with 58 CFM exhaust flow and an
exhaust back pressure at 3600 RPM full load, of 44" water
column.
ENGINE CLASS AND EMISSION LIMITS
lf an engine is not handheld (trimmer, blower, etc.) and is
greater than or equal to 225cc displacement, it is a Class II
engine. Following are maximum emission levels for CARB &
EPA Class II engines.
I HORSEPOWER:,746 KW I KW = 1 3,11 HORSEPOWER
Honda engines are EPA and CARB (Califomia Air Resources
Board) certified for LPG and Natural Gas.
DERATING FACTORS
Engine horse power ratings meet SAE J 1349 test codes. Reduce
3.5ohfor each 1000 feet, over 328 feet above seal level and l%
for every l0'F (5.65'C) rise, above 77"F (25'C). Cenerator
specifications are in accordance with ASA, NEMA, and IEEE
standards.
ACOUSTIC DATA
A: Access Doors,
B= Engine End cool air
C: Cenerator End hot air
& exhaust exit
Note: All tests are
full load operation in
standard weather with
Open (no enclosure),
Standard Enclosure. or
Super-Silent Enclosure.
Model SPH-100 E-Standard Enclosure
STANDARD ENCLOSURE FEATURES
. Rust-free "Galvaneel" steel housing.
o Baked-on powder coat paint, having UV protection and
1000 hr. salt spray deterioration test per UL standards.
o lnterior sound damping preventing metal "ringing".
o Interior sound absorbing foam throughout enclosure.
. (3) Full service locking access doors.
o Hot muffler is concealed inside enclosure.
o Full steel base for firm-rigid mounting.
o Polymer mounting pad is furnished for easier and faster
installation.
Model SPH-100 O enclosure
Position I 2 J ,t 5 6 ,7 8
dB(A)72 7l t-t 7l '72 74 76 '71
CALTFORNIA TIER I (GRAMS / t!
CLASS DISPLACEMENT HC+NO\CO
II 20 HP = 6I4 CC l0 350
Position I 2 3 .l )6 7 8
dB(A)66 66 68 65 66 69 70 69
USA EPA P HASE I (GRAMS / KILOWATT HOU
CLASS DISPLACEMENT HC+NOT CO
il 20 HP:614 CC 13.4 519
Model SPH-100 Enclosure
Position I 2 J 4 l 6 7 8
dB(A)63 (r3 64 63 63 65 61 66
These sets use standard
(2) wire start interfacing
fully compatible with
any dry contact start-
stop system that might
be installed on ATS,
remote start-stop control
panels, Trace inverters
for controlling solar
power battery arrays,
etc. The start-stop signal
on such equipment is
utilized by the gen-set to
initialize a (4) second
countdown before the
gen-set actually begins
its first oank cycle, to
avoid start-ups due to momentary power outages.
These standby gen-sets are "stand-alone" units which can work
with any type ATS system or any other type sensing device,
using (2) wire start-stop interfacing.
Standard features of SPH series standby sets are:
Solid State Digital Microprocessor providing automatic engine
start-stop; auto shutdown for low oil, high temperature, over
speed, under speed, engine fail, engine crank failure (after 3
failed crank attempts); battery charge fail; a "not in standby
mode" warning indicator and a built-in (4) second engine start
delay and (2) minute engine cool down delay. Timer cycles can
be disabled in the field if application requirements so dictate.
The "Mode Selector" switch serves (3) functions: A "Test"
position (causing the gen-set to start and run indefinitely,
without ATS switching the load); a "Standby" position (the
system is ready to start automatically, whenever utility power
fails); and an "Off/Reset" position (the engine can not start
under any condition, so this is the service position and reset
position when any fault is corrected). The "Engine Monitor" has
(8) highly visible LED annunciators for all conditions. When
mode switch is placed in "standby" all (8) LED's will flash (3)
times serving as a lamp test. The panel also includes a mainline
circuit breaker and run time meter.
Gillette Generators, Inc. r 1340 wade Dr. r Elkharl IN r 46514o Ph..574-264-9639 tFax.574-262-1840r web: rvww.gillettegenerators.com o spc4-051122
@O@
@
STANDARD AND OPTIONAL FEATURES FOR MODEL SPH.IOO
CONTROL PANEL:
SPH Series, automatic start-stop engine controller, utilizing
solid state digital microprocessor with (8) ultra-bright LED
annunciators. Panel also has main line circuit breaker, run
time meter, and mode selector switch with "Test",
"Standby", or "Off/Reset" positions.
ENGINE:
Full flow air cleaner and oil filter. full pressure oil system
with separate oil cooler . spin-on oil filter residential
muffler o 12 VDC battery charging altemator o vibration
isolators . secondary dry fuel regulator with dry fuel lock-
off solenoid o overhead valve Honda engine with
EPA/CARB certified dry fuel system
GENERATOR:
AC generator with capacitor regulation system t single
bearing . brushless design o class H, I 80'C insulation
system . self ventilated, drip proof construction
ELECTRJCAL:
390 CCA, 12 VDC Battery o batteU tray o !a6"o cables '
battery straps o 3-stage, float type 2amp auto battery charger
SUPPORT:
Operation, maintenance, and installation instructions
Call l-800-777-9639 or Fax l-574-262-1840
E-mail : sales@gillettegenerators.com
Web : www.qillettesenerators.com
OPTIONAL FEATURES & ACCESSORIES
tr Remote annunciator
tr 3 Phase winding
tr 3 Phase ATS system
tr I Phase ATS system
tr Open (no enclosure) for special applications
tr
tr
tr
tr
Super-Silent housing wi special sound deadening foam
"Resonator" muffler added to existing residential
muffler, to reduce high pitch exhaust tones
Crankcase oil heater for faster cold weather starts
All aluminum weather housing
TOP VIEW
DRAWING NOT rO SCALE & DIMENSIONS = lN IMMI
LIFTING HOLES:
HAVE VENTED PLASTIC HOLE PLUGS INSTALLED,
AFTER REMOVING PLUGS FOR LIFT RODS, REMEI\,4BER
TO REINSTALL PLUGS,
DRY FUEL CONNECTION:
LPG OR NAT, GAS CONNECIION IS LOCATED ON THE
ENGINE END PANEL AS SHOWN. THERE IS A 3/4"
THREADED PIPE WITH COUPLER FOR CONNECTION.
ELECTRICAL CONNECTION:
THERE ARE TWO KNOCK.OUT HOLES ON THE RIGHT
HAND SIDE OF GENERATOR END, BOTH HOLES ARE
FOR 3/4" CONDUIT, ALSO, THERE ARE TWO HOLES IN
FRAME INSIOE CONNECTION BOX, WHICH CAN BE
USFD FOR STUB.UP WIRING,
NOTE: DESIGN & SPECIFICATIONS SUBJECT IO
CHANGE WTTHOUT PRIOR NOTICE. DIMENSIONS
SHOWN ARE FOR REFERENCE ONLY AND SHOULD
NOT BE USED FOR PLANING INSTALLATION
CONIACT GILLETTE FOR CERTIFIEO DMWINGS,
INSPECTION PANEL:
THIS PANEL IS HERE TO HELP WITH INITIAL
INSTALLATION AND QUICK ACCESS TO
GENERATOR END FOR REPAIR INSPECITON, DO
NOT REMOVE PN NEL WHILE UNIT IS HOT OR
RUNNING.
EXHAUST CHUTE:
I OCATFD IN THIS CHUTF, IS THF FXHAUST PIPF OF
MUFFLER PLEASE KEEP CLEAR WHILE UNIT IS
RUNNING OR HOT OO NOT I\STALL UNIT WHERE
THE EXHAUST MAY CO[,IE INTO CONTACT WITH
FLAMMABLE OBJECTS,
42.38 I10761 ROOF OVERALL
DIMENSIONS AND WEIGHTS
Open Standard SuPer-Silent
set Enclosurr Enclosure
DISTRIBUTED BY:
Length in (cm)...
Width in (cm)............... .
Height tn (cm)....
Net Weight lbs (kC).. ......
... 36(91). 43(109)... .. .
.. .. 3l (7e) .. .. .. . 31 (7e).. .. ..
.. .2s(64) ........ 28(7I).......
.. 300(I36).. ..415(I88).... ..
43 (l0e)
3 l (79)
.28(7r)
440 (200)
490 (222)ShipWeightlbs(kg) ......... .. .350(ls9) . ...46s(21I)
-,-_:_\:. \.-F:::::'/--:::L-'/ J'i-
::-:/-J€::::-:::::::::--:/:,':r--
J---:::::::4l-.__,_,_::
::::':\5
-:::/ \' -::::--
-
:i:-:4(-::::/-Jc-
-:/J!,
\',-
-ORY FUEL CONNECTION
o
-g
:
I
ItI
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g
s!
:
ENGINE END VIEW
FULI ACCESS SIDE DOOR
ON BOTH SIDES
LrF r rNG HOLES 01.50 ll38l
SIDE VIEW GENERATOR END VIEW
4 Gillette Generatons, Inc. e 1340 Wade Dr. r Elkhar! lN r 46514 r Ph..574-264-9639 tFax. 574-262-1840 r Web www.gillettegenerators.com . spc4-05 I 122
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45N GuYed Towers
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Part # DescriPtion
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part # Description (Lbs)
45N Guyed Towers.
rJ"ovu:Y'n
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107721 ffiaperea rop Section w / A Cl ls ( 9'
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weight
Part # Description (Lbs)
Part # DescriPtion
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Part # Ebscription wergnt
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welgntp:art# Description (Lbs)
45N Guyea tr*"h
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45N Tapered Top Section w/ AC\AE (10'
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2-114" ODx 12" nast) (Special Order-
Allow 60 davs for delivery)
67.6
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2" OD x 12" nESt) (Special Order-Allow
60 days for delivery)
65.8
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Long - 2 3/8" OD x 1 8" ngst) (Special
Order-Allow 60 daYs for deliverY)
76.7
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Long w/ Top Hate) (Special Order-Allow
60 days for delivery)
62.8
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(Lbs)
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^n(E9,,3 G EEx nc llc DEMKO
04 ATEX 04137473U
( €oaao o
Ambient: 40'C < Ta < 75"C TemP'
Code: T4A 6 to 28 Volts DC 6 Watts
RoctrucllA[lomallon
Encompass
Product Partner
t@t ltsTEo 62XN Class I Division 2 Groups A, B, C & D RADIO
DEVICE FOR HAZARDOUS LOCATIONS
RadioLinx lndustrial HotsPot
RLX.IH
Use fhe RLX'IH in any application where secure' high speed' un'
tethered Ethemet connectivity is required'
tndustial HotspolTM connects tablefs, Iaptops ' PDAs' and other
,rretess devices to remotely program PLCs or monitor your
applbation.
iiiustnat HotspotrM offers redundant master and self-healing
iiiiiiri irtt'enough to handle vour SCADA data and secuitv
video!!
tiiustnat Hotspotrf for wireless networking of fked and. mobile
iiqiiiirt ,ine factory floor, bridging factory floor to lT ' and
iir emcientty tinking shoft and long dlstances in outdoor
applications.
Howto Contact Us:Sales and SuPPort
niiprsot f..hnology@ products are backed with unlimited
iecnnicat support. Co]itact our worldwide Technical Support team
directly bY Phone or email:
Asia Pacific
*603.77 24.2080, asiapc@prosoft{echnology com
t-anguages spoken includ!: Chinese, Japanese, English
Europe - Middle East - Africa
*ii rbi s.s+.s0.47.20, support EMEA@prosoft{echnology com
Languages spoken include: French, English
North America
+'1 .66'1,71 6.51 00, support@prosoft{echnology com
Languages spoken include: English, Spanish
Latin America (Sales onlY)
+1 281 298.91 09, latinam@prosoft{echnology com
Languages spoken include: Spanish, English
Brasil
*55-1 1 .5084.51 78, eduardo@prosoft-technology com
Languages spoken include: Po(uguese, English
RadioLinx lndustrial HotsPot
RLX.IH
The RadioLinx lndustrial Hotspot is four times more
po*"tfriihan high-speed commercial grade radios and
allows better coverage of the factory floor with fewer
oJiot ino provides outdoor links of up to 20+ miles'
Features and Benefits
Single unit repeater functionality
Foierfur transmitter with amplifier option for long
range outdoor aPPlications
Redundant master radios
Wpn encryption, 802.1x and MAC lD authentication
Auilt-in *"'b t"*", for browser-based configuration
and remote diagnostics
Automatic parent Selection & Prioritized Parent
Selection
iacn Hotspot continuously monitors the network and
adapts to the most reliable connections
AOZJl monitoring shows you what 802'11 devices
are in their area and how strong they are
802.'1w RSTP allows you to create redundant
"onn"itiont
and allows the network to rapidly adapt
to changes or faults
Windows lH Browser shows you what Ethernet
Oerlces are communicating on your network
Fast data throughPut
Compatible with any device that support-s
Etneirleurp, Modbus TcP/lP, or any 802'3
compliant Ethernet Protocol
Three Year standard warranty
a
a
a
a
83 5 M!?199A)'
-
ilir"r"..nr"oir.oir"a."qu"n*tP*"d
ttetwort standard 802.1 1 b
Output Power 200 mW/ 500 m\M-
Ch**"| data rates 'l 1, 5 5, 2, 1 MbPs
-Receirer
sensitirity -86 dBm @ 11 Mbps
-88 dBm @ 5.5 MbPs
-90dBm@2MbPs
-j'1?'"'@",Y|1"
Channels - user
selectable
11 - North America
13 - EuroPe
Outdoor range 20 + miles at 11 MbPs
ColaboralJve l,r tomallon
Plflncr Pragr:rttt
Pra$efr"
III
a
a
a
Radio
tn "Jffi
Il raal
a
^a^t^
RADIOI.INX
Radio
Security 802.1x authentication
MAC white list
WPA encryption
WEP for legacy devices
Physical
Enclosure Extruded aluminum with DIN and
panel mount
Size 3.98 in. x3.475 in. x 2.183 in.
Vibration
Shock
Ethernet port 10/100 Base-T connector, shielded
RJ45
IEEE 802.3, 802.3u, 802.3x
Antenna ports Two RP-SMA connectors, automatic
receive diversity
Weight 1.15lbs 15229
Environmental
Operating temperature -30'C to +60"C
Humidity To 90% RH, non-condensing
External power '10 to 24 VDC
Average power <6W
* Varies for other countries
** With external amPlifier
Regulatory APProvals
Type Approvals
FCC FCC Par115.247
lndustry Canada RSS 210 USA
Europe / CE LVD EN 50850-2000
RF Safety EN 50364-2001
EMC EN 301 489-1, EN 301 489-17
Spectrum EN 300 328v1.4.1
Mexico Nom 121 SCTI 2 oll
Australia AS/NZS 4771
Brazil 365 / 2004 e
238 t 2000
Malaysia SIRIM
Hazardous Locations
UL 1604 Class 1 Division 2, GrouPs
A, B, C, D Temp Code T4A
CSfucUL C22.2 No.213-1987
ATEXZone2 ATEX ll 3 G EEx nC llC
Additional Products
ProSoft Technology offers a full complement of
hardware and software solutions for a wide variety of
industrial communication platforms.
Visit our web site at http://www.prosoft-technology.com
for a complete list of Products.
Ordering lnformation
Use the following Ordering lnformation to identify the
radio product needed for your region. lf you are unsure
which radio to select, please contact your local
distributor.
RadioLinx 2.4 GHz lndustrial Hotspot
Country Catalog # Frequency RF Power Pwr Sply
Australia RLX-IH-AU 2400 to 2483.5 MHz 4W
Brazil RLX-IH-US 2400 to 2483.5 MHz 4W
RLX-IH-CN 2400 to 2483.5 MHz 500 mW EIRP EU
Europe RLX-IH-EU 2400 to 2483.5 MHz 100 mW EIRP EU
France RLX]H-FR 2400 to 2454 MHz 100 mW EIRP EU
India RLX-IH-UK 2400 to 2483 5 MHz 100 mW EIRP UK
Malaysia RLX-IH-UK 2400 to 2483.5 MHz 100 mW EIRP UK
Mexico RLX-IH-MX 2450 to 2483 5 MHz 650 mW EIRP US
SaudiArabia RLX-IH-SA 2413 to 2439 MHz 100 mW EIRP US
Singapore RLX-IH-SG 2400 to 2483,5 Ir/Hz 100 mW EIRP UK
South Africa RLX-IH-EU 2400 to 2483.5 MHz 100 mW EIRP EU
South Korea RLX]H-EU 2400 to 2483,5 MHz 100 mW EIRP EU
United Kingdom RLX-IH-UK 2400 to 2483.5 MHz 100 mW EIRP UK
RLX-IH-US 2400 to 2483 5 MHz 4W
Venezuela RLX-IH-VE 2400 to 2483.5 MHz 4W
To place an order, please contact your local ProSoft
Technology distributor. For a list of ProSoft distributors
near you, go to http ://www. prosoft{ech nology. com
Distributors:
Place your order by email or fax to:
North American / Latin American / Asia Pacific
orders@prosoft-tech nologY. com,
fax to +1 661.716.5101
Europe
europe@prosoft-technologY. com,
fax to +33 (0) 5.61.78.40.52
CopyrightO Prosofr Tec+rnolow, 1rc. 2000 - 2007. Al Righb R6erued
June 20.2007
rEc 60068-2-6
rEC 60068-2-27
AU
US
China
US
US
UL
Visit our web site for the latest certification information
A2415NJ-OC
. 2.4 GHz ISM Band
o IEEE 802.11b, 802.119, 802.11n Wireless LAN
r Bluetooth@. Public Wreless Hotspot
. \A/iFi
o \Mreless Video Systems
. Multipoint and Mobile Applications
All antennas have been tested for compatibility with
Radiolinx products. Please see our Antenna Selection
Guide to assist you in choosing the best antenna for
your application.
How to Contact Us: Sales and SuPPort
All ProSoft Technology products are backed with
unlimited technical support. Contact our worldwide
Technical Support team directly by phone or email:
Asia Pacific
+603.77 24.2080, asiapc@prosoft{echnology.com
Languages spoken include: Chinese' Japanese, English
Europe
+33 (0) 5.34.36.87.20, europe@prosofttechnology.com
Languages spoken include: French, English
North America
+1 .661 . 7'l 6.51 00, support@prosoft{echnology.com
Languages spoken include: English, Spanish
Latin America (Sales onlY)
+ I .281 .298.9109, latinam@prosoft-tech nology. com
Languages spoken include: Spanish, English
Brasil
+55-1 1 . 5084.51 78, eduardo@prosoft{echnology. com
Languages spoken include: Portuguese, English
Om nidirectional Base Station
Antenna
A2415NJ-OC
The A241SNJ-OC is a high gain omnidirectional base
station WiFi antenna designed and optimized for the
2.4GHz ISM band. This antenna is ideally suited for
IEEE 802.1 1 b, 802.1 1g and 802.1 1n wireless LANs,
Bluetooth@ and other multipoint applications where long
range and wide coverage is desired.
This antenna features an integral N-Female connector'
The mounting system consists of a pair of steel brackets
and 2.7 inch U-6olts, allowing installation on masts up to
2.0 inches in diameter.
Features and Benefits
. Superior performance
. Lightweight fiberglass radome
. All weather operation
. Heavy-duty steel mounting brackets
. lntegral N-Female connector
. RoHS Compliant
General Specifications
Connector lntegral N-Female
Weight 3.3 lbs (1 Skg)
Length 40.5 in. (1.03m)
Base Diameter 1.69 in. (42.9mm)
Radome Diameter 1.52 in. (38 6mm)
Radome Material Gray Fiberglass
Mounting 2.0" diameter mast max.
Wind Survival up to 150 MPH
Operating
Temperature
40" C to to 85'C (40' F to 185" F)
RoHS ComPliant Yes
Electrical Specifications
Frequency 2400-2500 MHz
Gain 15 dBi
Polarization
Vertical Beam Width 8"
Horizontal Beam Width 360'
lmpedance 50 Ohm
Max. lnput Power 100 Watts
VSWR < 1.5:1 avg.
at raa
DC GroundLightning Protection
\
\
^{o-RADIOTINX
RF Antenna Patterns
s
Horizontal
Additiona! Products
ProSoft Technology offers a full complement of
hardware and software solutions for a wide variety of
industrial communication platforms.
Visit our web site at http://www.prosoft-technology.com
for a complete list of products.
Ordering lnformation
To order this product, please use the following:
A2415NJ-OC Omnidirectional Base Station
Antenna
To place an order, please contact your local ProSoft
Technology distributor. For a list of ProSoft distributors
near you, go to http://www. prosoft-technology. com
Distributors:
Place your order by email or fax to:
North American / Latin American / Asia Pacific
orders@prosoft -technology. com,
fax to + 1 661 .71 6.51 0'l
Europe
eu rope@prosoft{ech nology. com,
fax to +33 (0) 5.61.78.40.52
Copyridrt@ Prosofr Tedndogy, lnc. 2000 - 2006. All Rghb Reerved.
May 2.2006
Vertical
#ts
wiilffi:s.
' frhibil #/s
July 25, 2OO7
Colorado DeParfnent of Wldlife
711 lndependent Ave
Grand Junction, Colorado 81505
RE: Proposed Radio Tower lnstallations
Logan Wash Area
Callihan ro*",Ii, NE % NW % Sec 16' T 7 S' 896 W Existing Tower
Callihan rower li, r'iw Z ie4Sec 25' T 7 S' R 97 w New Tower
Garfield CountY, Colorado
Dear Sirs:
Williams Production RMT Company is seeking a Special Use Permitto upgrade
an existing radio towli(see pnbto[anO insblfa new tower at the subject
locations to facilitate electronic communications between wells and the
Parachute office.
The vast maionty of these wells are monitored "physiclly by gnsq? visitsof
company puoonn"i anO ;etectronicalf by radios instatleO at the site which
communicate *,th \1\1il6mi' produaion orhce in Parachute' Since the radio
communication system wlliams employsis 'line oJ sighf , radio towers. must be
located a key footiont to enable signais from well radios to be relayed to
receivers in the paracnute-ofiice. T-he radio communication system currently
employed bV \Mlliams enables *nstanfmonitoring o! the wells and immediately
identiftes ano r"c.,ro";y ,r1pgrhrities- ln addition, this system reduces the
visiG to the wells which iir tum lessen the overall impact to the sunoundings-
one of the key areas williams is cunently developing is in Townships 6 & 7
South Ranges 96 & 97 West commonly-c.n.A the Logan's Wash afea' As more
wells are drilled in this area at differentLbvations and up and.down draws' the
new wells will not be in "line of sighf of the existing tower and creates the need
for additionaltowers. The towers will be operational24 hours/day, seven (7)
daysfuveek.
WewouldappreciateanycommentsfromtheDivisionof\Mldliferegardingthe
proposed installation of these towers'
ffi-t
EPLORATION & PRODUCTION
r0t8 cR #ll 5
11 O. Box 370
prmchutc, CO Bt6fi_O370
970t285-%n
97ol7sr-9573 fax
Sincerely yours;
Field Land Manager
6{{o
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ilil;";,;;;;;'; L;;; state'or earirornia' the rolrowins re
-! ---rr-!r e+.+o ^F n616rado, to-vrit3prip""ly ln the County of Garfielcl, state of
Ih tovllshlp 7 south. Range 96 l'test of, tt[e tttr p'u':
aspen *i ry o! :ecl+on ?:;;;;d;" uorn #1 NBI of sect{on 17
s"|t"*b.. lrorn *2 Nvlt of Sectlon 16
l"'oi"nt"t Morn *3 st#{ of section 9
6s;t6r&er ttorn *4 s+ "I :t"fi:i .:;6;*"b;; u"i" *r e$ ol leclfon |!iil-crri.i,* *t NE* of, Eecti'on 16
ui. caffatan *z fiwl of Sectlon 15
. crand vls *20 Lot I and Nk sBk, and
swt sEk of section 15
lnnex *1 styk of section 18
annex #z sEt of section I8
i"ia" owt of, sect]ion 17
AsFen #3 NEt of section 19
as-pen *4 Nwk of seclion 19
ct;nd viet, +9 Ntlt of $ectton 30
ii."a vi"" liro sl* of section 19
7?.7 acres in SnuggXer No. 3,
the g! o! Niilt of section 2
lanal 75 feet wiale and 1320
north ?5 fedt of the swt
with atl ltE airpultenances. and warrant
sona clairning under it, subJect to rese
title againBt all
in united
put"rt", rights of vray and easenents of,
sio. teg.latlons of Garfieltl county' antl
and'the Eultss andl regulatlons of Grand R
zoning and
to liens, if
gospital Digtrict,
Bluestone ?lBter conscrvancy Diatrict' G
Oi"t"i.t, and DeBeque Soil congervation
valley Eire
and except
f,or l9?5 and, subaequent Years'
Signed thi"s -24/L'dj,ay of 'rune, 1975'
i.
tn fownshj.P 7 South, Range 9? west of, the 6th P't{':
Srnugglei #I MIt of Section 26
snuiiter *z NEt of section 26
smr!ir", +4 NEt of, sectioo 25
o
o
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