HomeMy WebLinkAbout4.0 CorrespondenceBill Barrett Corporation
July 23, 2014
Garfield County
Community Development Department
Attention: Kathy Eastley
108 8th Street
Suite 401
Glenwood Springs, CO 81601
Subject: Limited Impact Review for Circle B Laydown Yard (LIPA 7915)
Re: Letter Dated May 15, 2014
Dear Kathy:
In response to your letter identifying the information needed to deem the application complete for
Limited Impact Review for the subject facility, this letter transmits the requested information.
1. Thank you for providing the recorded SOA. The appropriate recorded document will be used in
future submittals.
2. In regard to the right of access for the private road, a copy of the mineral lease for this area that
includes the right of access and a right-of-way and easement agreement that is specific to the
Fowler (formerly Legg) property are enclosed as Attachment A to this letter (note that the
easement agreement was included in the original application). A map showing the right-of-way
agreement is also included in Attachment A. In regard to the adequacy of this access, BBC
had an engineer evaluate the existing private road in regard to the County's road standards.
That evaluation is included in Attachment B to this letter.
3. At the time this application was submitted, BBC anticipated subdividing the existing 40 -acre
parcel into two smaller parcels. However, BBC has subsequently decided not to pursue this
subdivision, therefore, the existing 40 -acre parcel will remain intact.
4. A revised site plan that meets the requirements of Section 4-203.D. is enclosed as Attachment
C to this letter. As requested, the location of the porta-potty that will be on this location is
indicated on the revised site plan, however, because this facility will be unmanned no
permanent drinking water source will be provided. During construction or other periods when
employees may be at the site for an extended period, bottled water will be provided.
5. As noted above, a revised site plan is enclosed as Attachment C to this letter.
6. It is unclear what additional information may be needed to address the requirements for a
Water Supply and Management Plan. The information provided with this application is identical
to that used for previous applications for other unmanned facilities in Garfield County, and that
information was deemed acceptable by the Board of County Commissioners.
112 RED FEATHER TRAIL
SILT, CO 81652
P 970.876.1959
F 970.876.0981
K. Eastley
July 23, 2014
Page 2
7. The Grading and Erosion Control Plan drawing included with the original application identifies
site-specific stormwater controls that will be used at this location. Aside from these site-speclfic
controls, all other applicable requirements of BBC's field -wide stormwater management plan
(e.g., inspection frequencies) will be followed for this facility.
8. As noted above, there was intent to subdivide this parcel at the time the land -use application
was submitted; however, BBC is not pursuing that subdivision. The actual area of the 40 -acre
parcel that will be utilized for the laydown yard is approximately 5 ± acres, as indicated on the
enclosed site plan.
Thank you for your prompt completeness review of this application, and please let me know if you have
any questions or require additional information.
Sincerely,
Doug ennison
Envifonmental/Governmental Affairs Liaison
Attachments — As Stated
ATTACHMENT A
•
Tleduweira
.tecorde:t •02 ;Ali. 4.pri1 3, 1972
pec.;. 27;1Jt*-"OIL AND GAS LEASE
_ooh: 'I?yam :'age 54.7
Jtephensq••.... •. ' e.
Recorder. .....,..
AGREEMENT. blade sod entered into this......_... 12th... der of Fwowory2AL
by and between J'prl bagap)huch3ntl r aro flat=el hnsnr h'Ighonn ant• wit."
gtpr grotto
New rustle. CoIOrOr0 61647 hereinafter called breed (whether one or mom) and
3CW .d'RiC, P. O. 9 ox 712. Glenwood sorip^s Coloradn 51601 heralnalter called lases.
WITNESSETH. That het maid lessor. for end lo madderadm of len and mote Dollars 1010.00.1
cub in head paid, receipt of which is hereby acknowledged and e1 the coveter= sod epremeola hereloelwr washed m the pan of lessee d
be paid. kept and performed, hes ermined, demieed. leased, and lel and by these presents does pent. demise. lea* sad lel unto the said knee,
Is successors and ensigns for the sole sad only puposes of surveying by ;salaried. geophysical sed all ether methods, mining end operating
for oil and gas, and laying pipe lines, and building tank., power stations and structures thereon to produce, save and the we of said 'rodeos.
all that cenein tract of hod, together with any revcrelaoary rights therein, Mute in the Coualy af_1 aZL.L21Ji.
Side oL__. rH1C2cGH_.__...__.._» de*ribed as follows to it
rw0. South, R::e. 91 'Jest 6th —.rl.
Sac Lot_ L, 3, that cart of Lot 1 lying Soutn and Unst of thu County Road.
(SWuAW: t i4W:SW4, Part NW;,NWL) �+z. 40, 3u t>Itc
TWO. E Soutn, Roe. 92 gest 6tn r.rl.
=••c 13: -i SWe
• Eec 14: ?:E
sec 23,
lee 2L: ''il NEx. ai, 4112EEt, S.k5Et
Sec 25: 'we, NE*SEtia Part radg5EX !•dicta :orth and West ref Otulde Creek.
deec 26: F-, 633t3A/lit.w,4fJWt, hi.t9ffik, 6E2dWL
Sex 5: NE.triee
=C0 35: - !i.nlle
C7ntatnino 2,225.70 acres more. nr IRSS
SIGNED FCR IDENTIFICATION:
�,1
CAP HRSSELBUSH
CLARA HASSELBUSH
...y..........,.....r a ..ere rues ..e u.. ,:, sow wmpmreo m nee my
hole err cessation ofproduction. shell resume the payment el rental b he same amount and Inas sada manner u benlobeloro prodded, and it 1.
ere
eed upon mamptim of ha payment of mo me above prodded, the tut premdbg paah banal, acrnlng 16e payment of rental anti the
me Ihueot .bW condaue is Zorn as thmgh Iys p had hese no ioteavpnoe la 1ho rear ps�ai Ida bit ahoold he ddaed m if pmdved e
mem at any time subsequent d finely f90) dura prior b the der of
o1 ithem tut year al I0, primary leery m natal vaymmt err opnadms as
neceeeuy in sada d kap he lane 10 bocce daring the remainder o1 Ae primary tact.
11
at my time. eitber.hefm or alta the aspiration _ e1 the winery tam of dila lee. -there them la any ger covet= Say, en rho lands covet= or on
other Inds with which'edd Iaedi deejfedlyd ee giddied. Which is cipible-of prodndn6 in paying qumtidn, hot which 1. shot= data before or
alta 'redaction therefrom, and the production therefrom is not being gold or need, lessee rygrea m pay er laodp fe the mineral swaem in Os.depad•
tory beak named in she leash as malty, • aero mad to the amnia of delay mase pa aSfe mdt£(hle =an Sieh pgmentaehill he made mor before
rhe dun= royalty payment dire; n herein diked, heat awing alter the esplstba of ninety (90) den Mai the lata the wail sou dao, also prior
ta stab tete gis btm the wall H piedueed>ed -veld or need. In like muga, 011 01 before -nth mew -it shahs romp, peymem dem eldbs =eh gen
well nerd= ehoein, lana ahaa maks payment o1 Antis g.s royalty to he same aammt and msma. A atonia ger well amble of prided 1g la paying
ueotldel .boll bo considered coda all provided. of this lease u a enduing well and this lean atoll be In force and egos man like u dyads
the am therefrom were actually being produced sod *Id or need. The tam "ger well" ehdl =elude walla capable e1 producing=tad gen, madame,
dhdIiate. or any amour .ubstaoee, and well. classified as ger wells by any gammen= authority. The term "shu•la royalty firth,peymat. deb" shell
mem any reot.1 s Wg data of this loam if within the primary lam, or any eobsequad
t .ovenary,Welif,ralfter' We'(fiimiifirth,ei any aed-
sa*ij deb of tWa lane if no rSW-pdylog date is specified header
if add leave owns a hue iniee..i in the above described land than the entire and undivided fa simple estate therein. then he royalties and anis
herein prodded shah be paid h* lessor only In the proportion which his Interest been to the whole and undivided fee. However, soft rentals shall be
incrand at (Inc next succeeding nae anniversary alta lessee hu been notified of any rerudon habil neared to main the interest '0 acgdted.
Lessee Mali have the right to nee. ha of cost, gas, all and water produced on said land for It. operations thereon, tempt soder from wells
and reecnoire of lessor. Lessee dull have the fight st any t(m to remove all machinery and Rum= placed en said premises, ladadlog the right
to drew and remove casing.
Lane shall pay for damages canoed by its operatisuo to porting crops on add hada When requested by 'Inc lessor, lens .hail bury his pipe knee
below plow depth. No well ehdi be drilled neva than 200 lit to he haus or but new on add eremite', without the written consent of the lessor.
Loam .hell have (Inc right to drill to completion with reasonable diligent and dispatch (0 my well commenced within the tem of this gena
and (2l my wall commenced before the compledon of a well which has bean commenced within such tam. II o11 and ger or Whtr of team be found in
syhog eumtidee in my sues well, tuts lease than condom and be W force with like disci ea if ark well had been completed wihio the term of years
hum fret mentioned. •
Lues 1. hereby granted Its right and power to pool or combine he acreage covered by dde lame. or an portico hared, with ether lend, lean
or Iaeee in the ddnia serest et my alma end from time to day whether before er alter prodacdoe, when in Lane's jut necessary 11 is necery or ad.
risible to do eo for the prevention of wuta and the cooperation and gatam Mauderecovery of oh or gee. Such pooling shall In Leto a mit 0r units not
esooediog in era the ravage preealbed or acquired to any Fedaa or 5dte few, order, nle a regulation for the drilling or operation el one well, or for
ebrsiulng the maximum allowable production from one well, or 40 arra each for the prodocdon o1 oil. or 640 acres each for the predecdan of gay
whichever is the larger. plus a Mama over the =aim= area el 40 atm for the production of all or 640 acres for the production of ger to include
addltimd acreage in any irregular governmental subdivision or lot or portion thereat. Such pooling dull he effected by Lt*e'• aliasing and Mug
to the office where this lease is recorded en imtroment identifying and describing the pooled scmgs. The prodacdea el pooled .ehanw sad de.
telapmenr and operation on my portion a1 a unit so pooled. Including the ammenecment, drilling. completion and operation of • well theme. ahA
be considered and construed and shall have the same eat, except for the payment of royalty. es production. development sad operstiae an the lured
premha nada he terms of this lease. The royalties beaks prodded shall ague and he paid to Lear on pealed substances ptedueed ham any pat la
the promtdm-. Hitt only in the proposdon. That Laeor'e acreage Menu to the land covered hereby and placed in the mit bean to the *W amass 1.
the hod placed in such mit
II the 51111.0 of either pary hereto is adped, mod the privilege of adgniog In whelk or in, part la areal" *lowed, the covenants saes( hal
ectad ha their heirs. esemlort .dmini,traton, noan
nor maim but no change In the ownera•areal"p 01 he land or miasmal of total or eoyaldn
Anil be binding on the knee mail after he lessee be been Imnl bed with • written transfer or lodgement or . unified ape hereof: and It is hereby
eared in he event Ise lease shell be sniped ea tea pan er pads of the above described land* and he •Wore. of admen of such part or pane dull
fail or meta default'in the payment of he prepordonate art of the tents due Itom Wm or them, such default shell not operate m defeat or .gat this
Iran to ea ter se it coven a part or pato of said lands which the said lessee er dna assignee thereof shall make due payment of aid reads An sedge.
meal of IN" Ireae. to whole or In pmt, then as to the extent of such euigmmenr relieve end diecbage the lean. al all obligations hereunder.
/)5311' Inh-inn/
SEE ATTACHED RIOER
Book 428 Page 548
and connldeg_ 2 .22&.70 acres, mon m lam.
It s agreed that this leen shell reamin.4n
force for • term of_TeLL... lean from date, and as long thereafter a oil er ps.
.or either of them, is produced from rid land by the lumen eneaeare end adgns.
In maidesadoa of the premises the said lessee covenants and agrees;
Fleet The Meme shell deliver to the credit of lessor as royalty. free of cost in ah. pipe Hoe to which tenet may connect its wells, the vend
easeisbth put al s l e11 produced and eared from the heed promisee, or, at lasers option, may buy or sell oath *molehill royalty aad pay lessor
Me market prig for oil of like grade tad gravity revelling 1a the field on the day such oil is rat into pipe Sees or into enrage tanks.
Second. To pry liar oneefghth (4k) of the proceeds received for gee sold from each well where ger only is found, or the market vale at
the well of such au used off the premia and lesser to have ga free of eoet from env well for ail saves and all imide Bolas 4 the pdadpd dosing
Mos on such land during the same time by making hie own oomeations with the well al his awu de and aims..
Third. To pay fluor oneeighth (Ste) of the market value .r the well for ger produced from any oil well and used off the premie, ce for
the manu4ature of casinghead gu.line or dry commercial ga.
1( me well be commenced an old Tend on or before the 17th day of—E bra a cry 19 ,obis leas shall termWa
es to both parties, unless the lens en or before that date shall pay or tender to the neer or to the lessors credit 4 the
Tho Firgt Natinnal Rnnk in Rifle, Bank at Rif 10 Colnrarin
or in successor or successors, or sof bank with which It may b merged, or consolidated. Or wish aemede te Its luaus or *seta or sty pat
thereof. by purmbw m otherwise, which shall continue u the depository regadles e1 change* in the ownership 01 the aid land. Ilan anof
Two Thousand Twn Hulifirort T.,tenty Six and 70/lftth•t ($7.776.70)whin(Ifr'na,e
or
andcuponn likshall eapaymealame as e orrtt endtal ers the commeat the ncement cement of deferring
be Gunther deferredcemeet dlfor Iikee for
periods of the sum n� of omaa n sueomdIn Woo li lag.
And its adentood end agreed that the comidendea fust recited herein, the down payment, meets not only the privilege, grated te the data what
o dd fern renal le payable es emend. but the e lessee's opdon of needing that peraiod aforwwed d any and all other rights conferred. Reales
hay he paid b7 check or draft and may be remitted h aril. Mailing of rental on or before the reniabpn4gall g date ell be deemed • timely hada
thereof and shall preclude Meditation of this leaf by
the death of the leant ahs successor 4 interest, the payment or tender el
fatale In the lamer prodded am mall be binding on the heirs, sea, executors and admibimalors el sada pawn.
Should any well drilled an the lend above deeeribd be • dry hole ar aase•toindeed and there an no other prodadvg well ., web an the
land et drRSag operations are not being conducted thumb, then and In that amt II • well 4 not gemmed before the neve est; renthp.ySg
data alter the condom of ninety (99) days Inns the date of sash dry hole or cessation df production, this leap shall remade ate both pude,
Was the saes, an or before the renW.payieg data vast ensuing alta the exp4Woa of a4ery(90) days from the data o1 the completion el the dry
bola or caution of producing dull tame thepyayment of rens. 4 the same amount and In Igbe .an. mann aW
heehdon 4 4
paovidd, and
s upon eemptioh of the payment of noun as above padded, the lea preeedbag parse ph hrcol. anernlag the payment of natela and the
effect thereof, uball cotdlnae le lora as though thea had been no 4termptlm In the not *jot. If • dry hole .hadd be drilled or if production
cams at any time subsequent to ninety (90) days prior to the beginning of the last year of the edam teem, no renal penman or mations are
n eeessa7 4 order l kap We lase in form dortagthe remainder of the primary lam.
If at any data, either 'Sena or after the expiration of the primary term of this lessee them 4 EDT ger well en the lands carred hereby, or on
other lads with which said land, are popld or =kinds wish is apabs el producing 4 payilg kiiim7tlis`i'hut wbrh is shah either before or
dm production therefrom, sed tke'aedaetloti lhereilam is not being sold or and, lessee sane to pep Of tender to the mineral swan in the deposi-
tory boa named In the ltue.,as royalty, a a® equal b the amount of delay rentals W
ls enable under s lar Stith mamas than he made a r beim
the Motrin royalty paymentdath, a herein defined neat accruing after the expiration of May (90) days from the date tbe well hid fibula solea prior
to mob dam ger fram-the.irell 4 produced and old or used. In like meaner, on or before each su me&ng shet4a royalty payment date while nob gas
well remains noon lai<e dull make payment of Angie gas royalty 4 the sacro amount ad aaann A ahntt'ga well capable of mats 4 pn4p
maiden 'hal be codderd mar e11 provisions of thin Ian a a producing well and this iia Wale la fora add effect In She miner a aaWm
the gas therefrom were scally being produced and sold or used. The term "pa well" shall Include wel4 capable 61 producing natural gel, condensate,
diatiWte, or any games andnese, and wells da.afied as gar wells by any gmasmesW authority. The aim "Shutt task payment data" dell
mea anem •ping date of the Ieue S adds the primary late, or any .abequent anniversary thereon If after the printery term, •!-
m, or any •n
rosary rote of this lease if at rembpapt.g dam 4 specified herein.
1f add loner owns a lea interest In the above described Ind than the emirs and undivided fee simple auto thaeia. the. the amides sed renis
haulm provided shell be paid the lessor only in the proportion which 111. hawed bun to the whole and undivided Ir However, such reota4 dull be
increased at the next succeeding rental ahnivruq date lessee has been notified of any rerrdon haring ocosned to mer the interest le emoted.
Lasa shell hue the right to use, free of mss gss, oil and water produced en old land for is operado.s thereon. rapt water from wells
and roserah• of labor. Lessee shall hate the right at any time to remove all machined and hatam placed on said Premia 4Wudlng the right
to draw and remora eating.
Lessee dal pay for damages anted by its operations to stooks crops ea said tends. When reqaated by the lessor, lessee ,11.14 bury ale pipe Wer
below plow gapth. No well shell be dried nearer than 200 feet to the house or barn eon on add premise, without the written maul al the lemur.
Lanae shall have the right to drill to mmpledoa with reasonable diligence and dispatch (1) my well commenced within the term of ride lease
paying
and (S) my well commenced before the completion of • well which h•s bee. commenced within nthnthterm. Il oilend gee or dthht of than be toned t
Gementioned.inay such well, rid, Mese shall tontine and be 4 free with like effect a such if suwell bed been completed within the tam of years
p
Lome I hereby granted the tight end power to pool or combine the armee armed by this lame, er an/ portion therm!, with other Ind, loam
r leases in the ddelty thereof at any time sol from time to time, whether before or after prodocda. when 4 lams Jeanne It le neassety or ed.
visible to do so for the prevention of mote and the conservation and genet ultimate recovery of off or gr Such pooling shall be Into a act or Steno'
acceding in run the acreage praalbed er required 4 any Federal or State law, oder, rale or regulation for the drilling r epaslon 01 one well, or for
datable; the malmum allowable produedon from -one well, or 40 meg each for the prodded.' of oil, or 610 saes sag for the prod.eikn of ga.
whichever hi the larger, plea a tolerance over the madmum area of 40 ora for the prductlon of oil or 640 sera for the oreduedan of gar to Minis
sddItlud acreage In any irregular governmental subdivision er lot or portion thereof. Such pooling WWI he effected by Issuermeeting eting and filing
in the dace where tide lease le recorded an Moment ideldf ing and de.uih4g 4130pooled acreage. The prdatlaa of pooled mammas and de-
velopment and operation on any ea el • unit a pooled.ladudieg the mnmene mm4 drilling. completion end aperatlos of • well thereon, shall
be
under and tteetnma0 WImi�WTh havethe
herein prodddeddshaal aacwee and be Ottet,tan prod04poesal substdom ances produend ced
on fromm� the �hued
the weeny. ant only In the proportion, that Leeson amen interest 4 the land corned hereby and plead te the mat been to dm teal man in
the land placed le sorb ult.
11 aha ase of either Pell hereto 4 adgped. end the privilege olisdun4g In whole or 4 Rut to expressly allowed. the avwente baa( shall
extend to ibek helm. mention, *dmWstraton, .ausmors or assigns, bet no change in the ownertp of the lend or ailment of rentals or ranks
ehdl be binding on tbe lessee until after the lessee has been tanked with s written sada or aedament or a certified copy Want and It le body
agreed In the event this lease shall be assigned as to a put or pens el the above described lands and the assignee or asiaea of nth pert or parte sla
fell or make deen in the payment of the proportionate put el tbe rens due from bbn or them, such default Moll not
yoopeeeee to delft or affect this
man oen ler ite f this Itemia in whole or in peror t. ,bell asans el s 0 beed dd xtend. ltch the said twee or ol such sdgnment relieve soignee
discharge thel make lessen .1alloh0artoa hement of nendr. entals. An ��
n,{-r.7.l f rah
Hoak 428 Page 549
Compliance with any now or hereafter existing act, bill or statute purporting to be enacted by any Federal or Stale legislative
authority. or with orders, judgments, decrees, rules, regulations made or promulgated by Mote or Federal Courts. Elate or Federal
alma. boards. commissions or committees purporting, to be made under authority of any such id .hill or statute.
shall ng. ot constitute
oe
a violation of any of the terms of this lease or be considered a breach of any clause, obligation,
stipulation contained herein. nor shall it be or constitute a cause for the terminaUen, forfeiture, reversion or ravelling of any estate or
interest herein and hereby created and set out, nor shall any such compliance confer any right of entry or become the breis of any
actin' for damages or suit for the forfeiture or cancellation hereof; and while any such purport to be In force and effect they shall
when compiled with by lessee or assigns, to the extent of such compliance operate as modifications of the terms and conditions et lhls
lease where inconsistent (herewith. •
Lessee may at any time surrender this lease. In whole or in part. by delivering or mailing a release to the lessor, or by placing a
re'case of record In the proper county. In the event of a partial release. the annual delay rental above mentioned shall be reduced
proportionately.
Lessor hereby releases and relinquishes any right of homestead, dower or courtesy they or either of Them may hove In or to the
Lessor hereby warrants and agrees to defend the title to the lands herein described, and agrees that the leasee shall have the
braced land.
right at any time to redeem for lessor, by payment, any mortgage. taxes or other liens on the above described lands In the event of de.
fault of payment by lessor, and he subrogated to the rights of the holder thereof.
This lease and all Its terms, conditions and stipulations binds each executing lessor and shall extend to and be binding on his
assigns, heirs and devisees and successors, and those of the lessee, though unsigned by other lessers named herein.
•
IN WITNESS WHEREOF, We den the dq and year firs) above
.ane�
—CNtN._L62. i._
-
HRSS. EL35H_A__524rU741.19 (SEAM
—_—__..._.. _....__ ..._._.....ISEALI
.IEF.ALI
(SEAL)
STATE OFrri
ec'gg
roomy a¢ll,
...ISEALI __...._GLA _A Ha mELBUSH ... .__. _. (SEAL)
Arbon', Celontin.
!"n;['`"11_.—.._.......__.__........J1 K Mama.
Nehrwlu, Nevada, New Mo, NordDakom
,
SS. South DM, Utah, WI6
ACKNOWLEDGMENT—INDIVIDUAL
.__
g�yi/ t lyj��fngd, a Notary Public, in and ler old County end Elate, ea this MO day of
e._ ................_
E tlicA :... ,.?. Is .. to 77 persons aponce Par1...11 most'lhiatai _ClarrsliassRlt sh.
...___—_.._.._—_.__....—.._..., to me keowo to be the identical person__ ..._ _.,
,. yy-Cm�,Ihinand__—..__..i._. they
..._.. _....
deem d moil i. within and and volas t voluntary
einem of ed for cod uses
pure to me m a__..
earealt -' I,G•�en®�.-.__....ha and evlmury ea end deed for the sew esti purposes tkerein set lonh.
•
IN. w,rsE00F, 1 hove hereunto set my hand end affixed m/ notarial seal the day ag,d feT bore written.
My Coil mx,4_.�L '?3:_..._..e... . _ —bits 1.__. __...LJ.v SAJ--.....
4%f.'nF c,nir:,ri`• Ata(J
Anwar., Cotentin, Idaho, Memos, Montane
a N"oda, New Medeo, Norah Deka.,
a.
—�}SS.
Nebraska, South Dakota, Utah, Wyoming
COUNTY OF_..___.___...._..._._._—._. ACKNOWLEDGMENT—INDIVIDUAL day of
BEFORE ME. the underdmned, a Notary Mlle, in and for end County and Etc., en ibis— ..--.-.--.-------
. 19_..__, permesBl appeare._....__.__. .-.___....__._..
e—_—__._.. _.
and to me known to be 16e identical person . _...._,
described W and who _amu..thewithin and listening t of or sed to dud--; __.
exected We acme ee.._—.--. -_...hss sed Telemetry act end deed for the otos and purposes therein set torn.
IN WITNESS WHEREOF, I have hereunto at my head and eased my notarial seal the day end yen last above "Alen.
My Commission Eaplses_----_.__—_---..._.._._.__....._... --- ._..._.—___._ ...-Halsey Pohge
Notary Public
State of ........ .. ...... jse.
County of ,
On this.. day of....... A. D. 19.._ before use personally
appeared _......... _.._...... ...... to me personally known, who. being by
me duly sworn. did say that he Is the oh.._.__.._......_.._._
ACKNOWLEDGMENT (For wee by Corporation)
and that the seal affixed to said Instrument Is the corporate seal of said corpora,
non and that said Instrument was signed and sealed in behalf of said corporation by authority of i. Board of Directors. and said
acknowledged said Instrument to be the free am and deed of end corporation.
Witness my hand and seal this day of A. D. (9....... ....
ISEALI
My Commission expires
This Instrument was lila for record on th
day of
o'clock M.. and duly recorded In
Page
Voiume
B;.
.ol the records of this office.
inty Clerk.
Notary Public.
When recorded return to
:Mho E Winn
O. o. `-)% 712
1111111 11111 HIFI 1111 1111111111111111111 HEUUii 1111
672556 04/20/2005 12:38P 61680 P363 M ALSDORF
1 of 3 R 16.00 D 0.00 GRRFIELD COUNTY CO
RIGHT -OF -WAN' AND EASEMENT AGREEMENT
KNOW ALL. MEN BY THESE PRESENTS THAT JOHN LEGG AND ELENA LEGG. husband and wife, whose address is
1315 County Road 326, Silt. CO 81652 hereinafter referred to as Grantor, for and in consideration of the sum of TEN
DOLLARS (510.00) and other consideration. the receipt and sufficiency of which is hereby acknowledged, does hereby grant,
sell. bargain and convey unto BILL BARRETT CORPORATION whose address is 1099 18ih St.. Suite 2300, Denver, CO
80202, hereinafter referred to as Grantee, its successors and assigns. a right-of-way and easement for (1) the purpose of locating.
surveying, constructing. maintaining, repairing and replacing a road, and (11) the purpose of locating and surveying a pipeline
route, and constructing. entrenching. maintaining, operating, protecting, repairing, replacing and changing the size of a pipeline
and other appurtenances, including but not limited to, valves, metering equipment, and cathodic equipment (the pipeline and
other appurtenances are hereinafter referred to as the "Facilities") for the transportation of oil. gas. petroleum products, water
and any other substance, whether fluid or solid. and products and derivatives of any of the foregoing. and any combinations and
mixtures of any of the foregoing. approximately along the line shown on Exhibit "A;' attached hereto and made a part hereof,
over, under. across and through the Land described below, to wit:
Township 6 South, Range 92 West. 6th PM
Section 26: NE/4
Section 23: That tract of land located across the bottom
of the SW/4 SE/4. being 5.09 acres, more or less.
The right-of-way and easement shall be 30 feet wide.
This HAIof-way and easement shall carry with it the right of ingress and egress to and from, and access on and along the right-
of-way, with the right to use existing roads. for any and all purposes necessary and incident to the exercise by Grantee of the
rights granted herein. and rights granted by any oil and gas lease covering the above described lands in which Grantee has an
interest. During temporary periods Grantee may ttse such portion of the Land along and adjacent to the right-of-wav as may be
reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the road and Facilities.
TO HAVE AND TO HOLD the above described rights and easements. together with all rights necessary to operate and
maintain the road and the Facilities over the right-of-way hereby granted unto the Grantee, its successors and assigns, and the
Grantee may assign the rights and easements herein granted. either in whole or in part, subject to the terns of this grant. and
such rights and easements shall be covenants running with the land and be binding upon Grantor, his heirs, legal representatives
and successors in title.
Grantee may at any time, and upon permanent abandonment of the right-of-way shall, execute and record a reconveyance and
release hereof. whereupon this right-of-way and easement and all rights and privileges herein granted shall be fully canceled
and terminated.
Grantor reserves the right to the use and enjoyment of the Land except for the purposes herein granted, bur such use shall not
hinder, conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb the road or Grantor's Facilities.
Grantor agrees not to build. create. construct or permit to he built. created or constructed. any obstruction, building, lake,
engineering works or other structure over or on the right-of-way herein granted. Grantee agrees to bury the pipeline at a depth
sufficient so as not to interfere with normal cultivation of the surface of the Land, except when rock is encountered the pipeline
may be buried not less than one foot below the surface or upon the surface if necessary.
Grantee shall pay to Grantor all damages to Grantor's growing crops, timber and personal property caused by the construction
of the road and the Facilities.
Grantor represents and warrants that he is the owner in fee simple of the Land described above, subject only to outstanding
mortgages, if any, now of record in the county. and in the event of default by Grantor, Grantee shall have the right to discharge
or redeem for Grantor, in whole or in part. any morttgage,fax or other lien on the land and thereupon be subrogated to such lien
and rights incident thereto.
Grantee shall indemnify, defend, save and hold harmless Grantor from any and all claims, demands, causes of action, or liability
for damages. loss or injuries which arise out of Grantee's operations on the Land.
n
I 111111 11111 111111 IIII 111111 1111 111111 III 11111 1111 1111
672556 04/20/2005 12:36P 61680 P364 M RLSDORF
2 of 3 R 16.00 D 0.00 GRRFIELD COUNTY CO
WITNESS THE EXECUTION HEREOF THE
17
day ofJanuary, 2005.
John Legg SSS .,15- e el> //c fit
'f
Elena Legg S F (1/ 3" -to 4 a �` O
ACKNOWLEDGENIENT
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD)
On the 1 6. ay of January, 2005, personally appeared before me, the undersigned notary. John Lege and Elena
Legg, husband and wife, known to me to be the identical person(s) who signed the within and foregoing instrunent. and duly
acknowledged to me that they executed the same as their free and voluntary act and deed.
•
J �� e200 I ,/� N NotS...i
My Commission Expires o-... A N Su f/i v R i✓
Type or Print Name
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ATTACHMENT B
O\OLSSON o
ASSOCIATES
ROAD ASSESSMENT
BILL BARRETT CORP
CIRCLE B LAYDOWN YARD
The following road assessment is to address Garfield County's Policy 04-01 waivers for roads
and demonstration of compliance. The purpose of the road assessment is to assess the subject
road for the Garfield County roadway standards listed within Table 7-107 of the Land Use
Development Code.
The Bill Barrett Corp (BBC) Circle B Laydown Yard Road Assessment begins where the road
turns off of County Road (CR) 326 (Chipperfield Lane) in the NENE quarter of Section 35,
Township 6 South, Range 92 West of the 6`h P.M. and terminates in the SESW quarter of
Section 23, Township 6 South, Range 92 West of the 61h P.M. at the BBC Circle B Laydown
Yard Access Road. This road assessment is approximately 1.6 miles in length from CR 326 to
the Laydown Yard access road. Included in the road assessment is the "Community Road", a
Home Owners Association (HOA) road shared between BBC and the ranches and residents
located along the road, which is approximately 1.5 miles in length and terminates at a locked
gate. The remaining 0.1 miles is on Circle B Land Company property. BBC does most of the
maintenance on the entire road. Field observations and data gathering were performed on July
14, 2014. The observations are summarized as an attachment to this assessment.
Statement of Adequacy
This road is typical of roads providing access to natural gas production facilities in Garfield
County. The roadway is adequate for the intended use.
Geometry of Road
The following table compares this road to the Garfield County roadway standards found in Table
7-107 of the Land Use and Development Code for Semi -Primitive Roads.
760 Horizon Drive, Suite 102
Grand Junction, CO 81506
TEL 970.263.7800
FAX 970.263.7456 www.olssonassociates.com
Table 7-107: Roadway Standards
Design Standards
Semi -Primitive Road Assessment
Design Capacity (ADT)
21-100
40
Minimum ROW Width (Feet)
40
30
Lane Width (Feet)
8
6,65 to 8
Shoulder Width (Feet)
2
0 to 3.8
Ditch Width (Feet)
4
0 to 6.4
Cross Slope
2% Chip/Seal
3% Gravel
0% to 2.2% Gravel
Shoulder Slope
5%
0% to 2.2%
760 Horizon Drive, Suite 102
Grand Junction, CO 81506
TEL 970.263.7800
FAX 970.263.7456 www.olssonassociates.com
Circle B Laydown Yard
Bill Barrett Corp
July 17, 2014
Table 7-107: Roadway Standards
Desi
n Standards
Design Speed
Minimum Radius (Feet)
Semi -Primitive
n/a
50
Road Assessment
n/a
36 to 251
Maximum % Grade 12% 0.4% to 15.6%
Surface Gravel Gravel
The road assessment does not meet the minimum right-of-way (ROW) width of 40 feet. The
available ROW Agreement and Easement specifies the ROW as 30 feet.
The lane width varies between 6.65 and 8.0 feet. Generally, the areas that do not meet the
standard are at the crest of a hill where the road was cut through the hill without ditches or
shoulders. The road does not have any shoulders at these locations.
Where ditches are present, they range in width from 3 to 6.4 feet. The ditches are fairly shallow.
Where discernible ditches exist, they are on one side only. The cross slope varies between 0%
and 2.2%. In some places, the road slopes toward the side of the road without a ditch.
The posted speed limit on the road is 15 mph.
The horizontal radii range from 36 feet to 251 feet. All but one turn meet the minimum 50 foot
standard radius. The grade for the road varies between 0.4% and 15.6%. The areas where the
grade is greater than 12% occur in short sections. The road is surfaced with gravel.
The road geometry changes occasionally with maintenance activities. Cross slopes change
during maintenance operations. The road was built to follow the general topography of the area
with minimal change to the natural grade.
Safety/Structural Issues
A significant drop off adjacent to the road was observed within approximately 1,000 feet of the
road from the intersection of CR 326, Evidence of erosion was observed along the road edge
that will require monitoring for maintenance. "Jersey barriers" were observed to mitigate safety
concerns in the area. Additional mitigation methods should be evaluated during maintenance
operations.
Overall the roadway did not exhibit obvious safety or structural issues during the date of the field
observation, July 14, 2014.
Maintenance
BBC does most of the maintenance on the Community Road. The road is inspected on a
regular basis for maintenance issues. Maintenance includes grading as needed to remove
washboard and repair potholes. The road surface is graveled as needed to maintain the road
base with attention to dust control. Speeds are low to promote safety and reduce road damage.
Travel Demand
Average Daily Traffic (ADT) for the proposed project is expected to be equal to or less than 20
vehicles per day (VPD) as shown in the Basic Traffic Study prepared by Olsson Associates,
Access Road Assessment Page 2
Circle B Laydown Yard July 17, 2014
Bill Barrett Corp
dated April 2014 (study). Other users of the Community Road are expected to add an additional
20 vpd based upon conservative estimations provided by BBC. As a result, this roadway is
being assessed according to the standards for a Semi -Primitive Road.
As mentioned within the study, traffic associated with the use as a storage facility at the site
includes primarily pickup trucks, 16 trips per day. Additionally, a medium width truck will access
the site one time per week for 2 trips per week. Approximately five heavy trucks (10 trips) will
access the site monthly to make equipment and material deliveries. Typical daily volumes will
be approximately 16 trips per day with the potential for 20 trips.
There will be a three-week construction phase wherein the graveled agricultural use area will be
expanded. During this phase, there will be an increase in traffic as supplies and equipment is
delivered to the site. Trips will generally include low -boy multi -unit trucks, approximately one to
three per day, and pickups to transport staff, approximately two to three per day.
Other Evidence of Compliance
Section 7-107.A Access to Public Right -of -Way
Legal access is provided via the ROW and Easement Agreement between John and Elena
Legg and Bill Barrett Corporation, recorded April 20, 2005, Reception number 672556.
Section 7-107.B Safe Access
Access to the site is consistent with other similar uses.
Section 7-107.0 Adequate Capacity
Traffic congestion is not anticipated as a result of the proposed use. The roadway capacity is
expected to be sufficient for the intended use.
Section 7-107.D Road Dedications
The road assessment is of a private road and the road is expected to remain private.
Section 7-107.E Impacts Mitigated
Based on the expected trip generation rates discussed in the Basic Traffic Study, the increase in
average daily traffic is not expected to increase on County Roads such that a modification of the
existing access permit would be required. The total traffic volumes are expected to remain very
low and are anticipated to be accommodated by the existing roadway.
Conclusions
The road assessment identified areas that deviate from the Design Standards in Table 7-107 for
ROW width, lane width, shoulder width, ditch width, cross slope, shoulder slope, and maximum
grade.
The ROW width is specified in the ROW Agreement and Easement to be 30 feet. The width is
adequate for the types and volume of vehicles using the road. The lane width varies with the
topography of the road. The narrowest areas are short distances at the crest of a hill where the
road is cut through the hill without ditches or shoulders. Specifically, locations 2, 3 and 9 have
lane widths less than 8 feet. Portions of the road have a fence line within the road ROW.
Widening the road to meet the minimum lane width could require the removal of fences and
Access Road Assessment Page 3
Circle B Laydown Yard July 17, 2014
Bill Barrett Corp
additional disturbance through hill sides. The amount of traffic on the road does not warrant
additional disturbance. On the majority of the road, the sight distances are such that drivers can
see oncoming traffic and stop if necessary for the two vehicles to pass.
Where there are discernible ditches along the road, the ditch width varies. Locations 3, 4, and 5
have ditch widths less than 3 feet. The majority of the road has ditches on one side only. In
some areas, the cross slope inclines toward the side of the road where there is no ditch. As a
result, areas were observed to have ponding water that could lead to the need for additional
maintenance over time. There are no defined shoulders on the road. Areas of the roadway are
wide enough to consider shoulders as an extension of the lane width.
One turn between locations 3 and 4 has a turning radius of 36 feet. The turn is at a T -
intersection where there appears to be sufficient room and sight distance for a large truck to
maneuver around the corner.
The road functions adequately for its intended use and is typical of existing roads providing
access to natural gas production in Garfield County.
lio,(,,if,
Wyatt E. Popp, PE
Access Road Assessment Page 4
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® Bill Barrett Corporation
STATEMENT OF AUTHORITY
Huntington T. Walker, Sr. Vice President — Land for Circle B Land Company LLC, (Circle B) a
Colorado limited liability company is hereby authorized to act on behalf of, and represent Circle
B in all matters related to applications for special use permits, conditional use permits,
administrative permits, and land use change permits (and may execute such applications)
submitted to Garfield County until such time as Circle B files a statement of record that
Huntington T. Walker no longer has said authority. Circle B acknowledges that when any such
permits are issued by Garfield County, they may contain covenants that run with the particular
lands identified in such permits.
IN WITNESS WHEREOF, 1 hereunto set my hand and affixed the seal of Circle B Land
Company LLC this 4th day of March, 2013.
Circle 13 LandCpmpany LLC
By:
Francis Barron
Executive Vice President—General Counsel
STATE OF COLORADO
)§
COUNTY OF DENVER
This instrument was acknowledged before me on the
Executive Vice President — General Counsel, Ci
corporation.
My Commission Expires:
Witness My Hand apd Seal
4th day of March, 2013, by Francis Barron,
rete
B Land Company LLC, a Colorado
CS 4 ti
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1099 18th Street Suite 2300 DENVER, CO 80202 USA
T 303.293.9100 F 303.291.0420 www.BILLBARRETTCORP.com
1
Bill Barrett Corporation
August 5, 2014
Garfield County
Community Development Department
Attention: David Pesnichak
108 8"' Street
Suite 401
Glenwood Springs, CO 81601
Subject: Limited Impact Review for Circle B Laydown Yard (LIPA 7915)
Re: Letter Dated July 28, 2014
Dear Dave:
In response to your letter identifying the information needed to deem the application complete for
Limited Impact Review for the subject facility, this letter transmits the requested information.
1. Since the time the original application was filed, Mr. Walker left Circle B Land, LLC, therefore
enclosed as Attachment A are a new Statement of Authority and letter of authorization from
Circle B. We will have both documents recorded and will provide recorded copies when they
are received.
2. A revised access detail figure is enclosed as Attachment B that shows the easement and the
private road that will be used to access this site from Chipperfield Lane. This private gravel
road is generally referred to as "Community Road" by the residents that use this road.
Thank you for your prompt completeness review of this application, and please let me know if you have
any questions or require additional information.
Sincere
Doug Dennison
Environmental/Governmental Affairs Liaison
Attachments — As Stated
112 RED FEATHER TRAIL
SILT, CO 81652
P 970.876.1959
F 970.876.0981
ATTACHMENT A
) tel.
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N39' 30' 19.82"±490'
..� 502 i /
\- N39' 30' 21.10" SSO
W107' 38' 03.09"
N39' 30' 13.33"
A1C W107' 37' _59.69" 2
ji
"._S (± 1.6 MI EXISTING
iI GRAVEL ROAD
l J r
R.O.W. 1& EASEMENT PER _-ry--
AGREEMENT RECORDED /',-';
IN BK 1680, PG 363 r
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W107' 38' 09.04" ,..„---...,)
•I
5880_
N39' 29' 14.85"
W10T 37' 45.27"
CHIPPERFIELD LANE
1
598
171
es.
DIRECTIONS TO LOCATION:
FROM THE INTERSECTION OF DRY HOLLOW ROAD AND CHIPPERFIELD LANE PROCEED IN AN EASTERLY DIRECTION
ALONG CHIPPERFIELD LANE APPROXIMATELY 1.3 MILES TO AN INTERSECTION WITH AN EXISTING GRAVEL ROAD TO
THE LEFT, PROCEED LEFT IN A NORTHERLY DIRECTION ALONG THE EXISTING GRAVEL ROAD APPROXIMATELY 1.6
MILES TO SIX LAZY K ROAD; THEN PROCEED LEFT IN A SOUTHWESTERLY DIRECTION APPROXIMATELY 490 FEET TO
THE EXISTING ACCESS ROAD FOR THE PROPOSED LAYDOWN YARD ON THE RIGHT AS SHOWN HEREON.
r
ECLIPSE
surveying
111 E. THIRD ST., SUITE 208, RIFLE, CO 81650
(970) 625-3048
REV. DATE: 8/05/14
SCALE: 1"= 1500'
DATE: 7/30/ 14
CI Bill Barrett Corporation
SHEET: 1 OF 1
PROJECT: EPPERLY
DFT: JAK
EPPERLY LAYDOWN YARD
ACCESS DETAIL EXHIBIT
ATTACHMENT B
Bill Barrett Corporation
STATEMENT OF AUTHORITY
Mitchell J. Reneau, Vice President — Land for Circle B Land Company LLC, (Circle B) a
Colorado limited liability company is hereby authorized to act on behalf of, and represent Circle
B in all matters related to applications for special use permits, conditional use permits,
administrative permits, and land use change permits (and may execute such applications)
submitted to Garfield County until such time as Circle B files a statement of record that Mitchell
J. Reneau no longer has said authority. Circle B acknowledges that when any such permits are
issued by Garfield County, they may contain covenants that run with the particular lands
identified in such permits.
IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of Circle B Land
Company LLC this 30th day of July, 2014.
Circle B Land Company LLC
By:
Ot-
Ken Wonstolen
Senior Vice President — General Counsel
STATE OF COLORADO
)§
COUNTY OF DENVER
This instrument was acknowledged before me on the 30th day of July, 2014, by Ken Wonstolen,
SeniorVice President — General Counsel, Circle B Land Company LLC, a Colorado corporation.
Witness My Hand and Seal
MATTHEW MULVERHILL
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 08/11/2014
1099 18th Street Suite 2300 DENVER, CO 80202 USA
T 303.293.9100 F 303.291.0420 www.BILLBARRETTCORP.com
LIMITED GRANT OF AUTHORITY
We, Circle B Land LLC, hereby grant Bill Barrett Corporation and its employees the
authority to act on our behalf in all matters relating to land -use permits in Garfield
County, Colorado. This includes permission to enter on the property of Circle B Land
LLC for purposes of conducting the required biological surveys or testifying in front of
any Garfield County or State of Colorado Regulatory bodies.
This Limited Grant of Authority may be executed in any number of counterparts and by
different parties in separate counterparts. Each counterpart when so executed shall be
deemed to be an original and all of which together shall constitute one and the same
document.
Dated this 30th day of July, 2014
Circle B Land LLC
Mitchell J. Reneau
Vice President - Land
STATE OF COLORADO )
) ss.
COUNTYOF DENVER )
The foregoing instrument was acknowledged before me this 301h day of July, 2014, by
Mitchell J. Reneau, Vice President - Land of Circle B Land LLC a Colorado Corporation,
on behalf of said corporation. /
My commission expires '� n 5! ms's
CHERYL D. MATTKA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 0 20014017315
MY COMMISSION EXPIRES DECEMBER 05. 2015
Notary ublic
SEDIMENT TRAP
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CIRCLE B LAND LA YDO WN YARD SITE
GARFIELD COUNTY
EROSION CONTROL PLAN
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EXISTING BARN IS NOT TO BE USED FOR STORAGE
ECLIPSE
Surveying, Inc.
111 E. THIRD ST., SUITE 208, RIFLE, CO 81650
(970) 625-3048
REV. DATE: 4/17/ 14
SCALE: 1" = 60'
DATE: 6/13/ 13
SHEET: 1 OF 1
PROJECT: EPPERLY
DFT: TAB
Bill Barrett Corporation
CIRCLE B LAND
LAYDOWN YARD SITE'
EROSION CONTROL PLAN
znland projects 2013 \ Pitt Parrett corp wesPepperlyldwglcb-epperly stockyard grading -erosion control plan.dwg 4117/201410:42 AM
NOTES:
1.) CONTOURS SHOWN ARE EXISTING AND AT 2' INTERVALS
2.) STORM IMPROVEMENTS SHOWN ARE PROPOSED
3.) EXISTING BARN IS NOT TO BE USED FOR STORAGE
CIRCLEB �� LAND ��
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GARFIELD «������.������� COUNTY
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GRADING & EROSION CONTROL PLAN
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ECLIPSE
Surveying, Inc.
111 E. THIRD ST., SUITE 208, RIFLE, CO 81650
(970)625-3048
REV. DATE: 4y17y14
SCALE: z^=6U'
Bill Barrett Corporation
SHEET; 1 OF 1 CIRCLE f7LAND
PROJECT: EPPERLY lA}27{JWYDrYARD SITE
DFT: TAB GRADING & EROSION GONTROL PLAN
z:Vand projects 20131bi1t barrett corp west\epperly\dwg\cb-eppedy stockyard landowners exhibit.dwg 6/30/2014 8:35 AM
22
27
23
26
CIRCLE B LAND
2179-233-00-201
'1099 18TH ST., SUITE 2300
DENVER, CO 80202
S4
BAILEY
2179-262-00-219
PO BOX 660
SILT, CO 81652
SMITH
2179-233-00-202
260 LAZY S REVERSE S DR.
NEW CASTLE, CO 81647
//
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rJ G 2525 SIX 3L -00-647 LAZY K RD- SON ``<\
V� /� SILT, CO 80652 / ��\\\\ •I •_______*
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CIRCLE B LAND
2179-233-00-203
/1099 18TH ST., SUITE 2300
DENVER, CO 80202
li
PROPOSED
\CIRCLE B LAND
LAYDOWN YARD
RIGHT-OF-WAY AND EASEMENT
800K 1680, PAGE 363
BLM
2179-262-00-955
2300 RIVER FRONTAGE RD
SILT, CO 81652
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//
CIRCLE B LAND
2179-234-00-646
1900 DALROCK RD
ROWLETT, TX 75088
,0v
FOWLER
2179-261-00-540
2635 COUNTY ROAD 326
SILT, CO 81652
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CIRCLE B LAND LA YDO WN YARD SITE
GARFIELD COUNTY
LANDOWNERS EXHIBIT
ECLIPSE
Surveying, Inc.
111 E. THIRD ST., SUITE 208, RIFLE, CO 81650
(970) 6253048
REV. DATE: 6/30/14
SCALE: 1" = 600'
DATE: 6/5/ 13
SHEET: 1 OF 1
PROJECT: EPPERLY
DFT:
TAB
Bill Barrett Corporation
CIRCLE B LAND
LAYDOWN YARD SITE
LANDOWNERS EXHIBIT