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HomeMy WebLinkAbout1.05 Grading PermitUrsaCOMPANY Ursa Operating Company 792 Buckhorn Drive Rifle, Colorado 81650 Pipeline Grading Permit Battlement Mesa PUD Phase Battlement Mesa, Colorado June 2015 Prepared by: Olsson Associates 760 Horizon Drive, Suite 102 Grand Junction, Colorado 81506 TEL 970.263.7800 1 FAX 970.263.7456 www.olssonassociates.com O\OLSSON ASSOCIATES Index Major Impact Review Battlement Mesa PUD Phase BMC D OAProject No. 014-1829 Topic Application Materials Surface Use Agreement Site Plan Reclamation Plan Stormwater Permit Weed Management Plan Reclamation Cost Estimate Application Materials Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com GRADING PERMIT APPLICATION TYPE OF GRADING ® MAJOR T ❑ MINOR 1 INVOLVED PARTIES Property Owner: Ursa tme,r,a 7 Company for Phone: (9T0 ) �2� 99Zz 9s„e°ment Mesa Partners and Battlement Mesa Land Investments ?859740 Mailing Address: 792 Buckhorn Dr. PO Box 6000 Rifle, CO 81650 Parachute CO 81635 Contractor: TBD Phone: ( ) Mailing Address: Architect: N/A Phone: ( ) Mailing Address: Engineer: Kahuna Ventures LLC Phone: ( 303 - ) 451-7374 Mailing Address: 11400 Westmoor Circle, Suite 325, Westminster, CO 80021 PROJECT NAME AND LOCATION Project Name: Battlement Mesa PUD Phase I Pipeline Describe Work: Build two approximately 3 mile pipelines from Ursa's BMC B pad through their BMC D pad to their gas sales and water disposal point. The pipelines will be laid within the same easement. The pipelines will consist of sections of 8". 10". 12". and 16" pipe. all of which will be less than 2 mifes in length. Job Address: Assessor's Parcel Number: 2409-134-06-004 and 2407-081-00-152 Sub. Lot Block Earthwork (square feet): 568,750 sq ft Earthwork (Cubic Yards): 6,466 cu yds ALL UTILITIES MUST BE LOCATED PRIOR TO ANY GRADING NOTICE Authority. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Division. Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County OWTS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit becomes null and void if the work authorized is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the information contained above is true and correct. I understand that the Building Division accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Division. In consideration of the issuance of the Building Permit, I agree that land my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, OWTS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. I hereby grant permission to the Building Division to enter the property, described above, to inspect the work. 1 further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Division do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or builder. hereby acknowledge that I have read and understand the Notice and Certification above as well as have provided the required infgx atiQn which is correct and accurate to the best of my knowledge. Property Owner Print and Sign Date OFFICIAL USE ONLY Spedai Conditions: Permit Fee: Misc Fees: Total Fees: Fees Paid: Balance due: Grading Permit: Issue Date: zoning: BUILDING / PLANNING DIVISION : Signed Approval Date uiiI P!VIL1NF,ItiV),+t11001:611MrF1,,41V'1V1'1IkiYii,ii 11111 Reception#: 846425 020912074 01 00 45 PM Jean R1ber{ao 1 of 1 Rec Fee $11 00 Doe Fee 0 00 GARFIELD COUNTY CO Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Ursa Operating Company LLC a Limited Liability Company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Ursa Operating Company LLC and is formed under the laws of Texas The mailing address for the Entity is 1050 17th St., Suite 2400, Denver, co 80265 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Rooert Bled, Regulatory & Environmental Manager and Jeff Powers, Landman The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): None, cxceptfor a 550,600 morre,ary authority Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this day of Signature: Narne (printed): Title (if any): �N hi, x 2� 20 ti L({" STATE OF COUNTY OF )55. The foregoing instrument was acknowledged before me this l'n day of F? C Yt 20 1 `1 by bt;n ,an behalf of 9u"-±11?V6'_Si? L;"+1i7--x71a i(ib) )t1 LKv)p00\� Witness my hand and official seal. My commission expires: i012ct Z,411 L (Date) [SEAL] (Notary Public) KELSEY C WELLS Notary Public State et Colorado Notary ID 20124058748 My Commission Expires Oct 29, 2016 BATT1EMENT MESA Date: February 24, 2015 Mr. Fred Jarman Garfield County Community Development 0375 County Road 352, Building 2060 Rifle, CO 81650 RE: Agent Authorization for Phase I _ D Pad Garfield County, Colorado Dear Mr, Jarman, Battlement Mesa Land Investment, LLC authorizes Ursa Resources and Ursa Operating Company to act on behalf of and represent Battlement Mesa in matters related to land use permitting and construction for Ursa's drilling program within the Battlement Mesa P.U.D. Please contact me if you have any questions, comments, concerns, or if you require additional information. I can be reached at (970) 379-7943. Sincerely, Battlement Mesa Land Investment, LLC Eric Schmela Authorized Agent Battlement Mesa Companies 970.285.9740 office 970.379.7943 cell eschmelafa battleinentrnesa.com P.O. Box 6000* Battlement Mesa, Colorado 81636* 970-285-9740* Fax 970-285-9721 www.BattlementMesa.com Ell IA Iiir R 1111116:1 iPlr ikk 4> If hi NI �H Reeeptlontl: 740288 12!3112007 12:01:32 PSI Jean Afberico 1 of 2 Rec Fee:S11.00 Doc Feo'0.0O GARFIELD COUNTY CO STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: BATTLEMENT MESA LAND INVESTMENTS, LLC 2. The type of entity is a: [ ] corporation [ ] nonprofit corporation [X] limited liability company [ 1 general partnership [ ] limited partnership [ ] registered limited liability partnership [ ] registered limited liability limited partnership [ ] limited partnership association [ ] unincorporated nonprofit association [ ] government or governmental subdivision or agency [ ] business trust [ ] trust 3. The entity is formed under the laws of: Colorado 4. The mailing address of the entity is: PO Box 6000, Battlement Mesa, CO 81636 5. The [X] name(s), or [X] position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to real property on behalf of the entity is/are: Community Holdings West, Inc., a Colorado corporation, Managing Member, by David. A. Gitlitz, President, or Sipp-elle Holdings, LLC, a Colorado limited liability company, Managing Member, by David A. Gitlitz, Managing Member, or Eric Schmela, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed this/.51 day of December 2007. BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado invited lia i ility com' . u y Cohm By: Sipp Member AMA oldin:s We y�� Davy+ A. tlitz, Pit ., a Colorado corporation, Managing Member a Colorado limited liability company, Managing By: By: David 'gaging Member 4 %.� Eric Schmela, Authorized Agent ■�Ii111.1111MMII.Whitt ilei 14/41 41111111 Ra;ception#: 74@288 12/31/2007 12:01:32 PM dean Alberico 2 of 2 Rec Feo:$11.00 Doc Fae-0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me thi t—day of December, 2007 by David A. Gitlitz as President of Community Holdings West, Inc., a Colorado corporation, a Managing Member of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official s I. My commission expires: q ZIt o pj STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me thisy of December, 2007 by David A. Gitlitz as Managing Member of Sipprelle Holdings, LLC, a Colorado limited liability company, a Managing Member of Battlement Mesa Land Investment, LLC, a Colorado limited liability company. Witness my hand and official s 1VOA My commission expires: STATE OF COLORADO ss. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me thiday of December, 2007 by Eric Schmela as Authorized Agent of Battlement Mesa Land Investments, LLC, a Colorado limited liability company. Witness my hand and official s My commission expires: Gk ..,1•Via 2 BATTLEMENT MESA Date: February 24, 2015 Mr. Fred Jarman Garfield County Community Development 0375 County Road 352, Building 2060 Rifle, CO 81650 RE: Agent Authorization for Phase I - B Pad Garfield County, Colorado Dear Mr. Jarman, Battlement Mesa Partners LLC authorizes Ursa Resources and Ursa Operating Company to act on behalf of and represent Battlement Mesa Partners in matters related to land use permitting and construction for Ursa's drilling program within the Battlement Mesa P.U.D. Please contact me if you have any questions, comments, concerns, or if you require additional information. 1 can be reached at (970) 379-7943, Sincerely, Battlement Mesa Partners LLC. Eric Schmela Authorized Agent Battlement Mesa Companies 970.285.9740 office 970.379.7943 cell eschmelagpbattlementmesa.com P.O. Box 6000* Battlement Mesa, Colorado 81636* 970-285-9740" Fax 970-285-9721 www.BattlementMesa.com 1111 1#1 Kr, 011I atit 40:1111,144, 1,44, 1st 1111 Receptionk: 733369 09r18r2007 03:38:20 PM ,lepra Albarico 1 of 2 Rao Fea:$11.00 Doc Fee:0-00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY This Statement of Authority relates to an entity named: BATTLEMENT MESA PARTNERS LLC The type of entity is a: [ corporation [ nonprofit corporation [X] limited liability company [ general partnership [ limited partnership [ registered limited liability partnership [ registered limited liability hrnitcd partnership [ limited partnership association [ unincorporated nonprofit association ( government or governmental subdivision or agency 1 business trust 1 trust 3. The entity is formed under the laws of: Colorado 4. The mailing address of the entity is: 73G Sipprellc Drive, Battlement Mesa, CO $1636 5. The [X] name(s), or [X] position(s) of each person authorized to execute instruments conveying, encumbering, rezoning or otherwise affecting title to mal property on behalf of the entity is/are: David A. Gitlitz, Manager Eric Schmcla, Authorized Agent 6. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. Executed this D day of BATTLEME a Colorado It By: By: CTt+ r rt - 1 /� 142.C+A> 11 IA "flit f4iFr`� t -7"3 eerelk f-• 1 1`Ct:_r acs) aiks4 (o 61 35 AP•4. 41 ! sip. 4 Si , lkfilli° 6 , jtlit7 tVtana1 dlir RS LLC, ny chmela, Authorized Agent 11111 1 733369 �R,�r� illi! 0511/312007 03-3B-20 PM Jean Riherico 2 of 2 Rao Fee:511 00 Goo Fee:C.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD } )ss, The foregoing instrument was acknowledged before me this 15 day of ,. , 2007 by David A. Gitlitz as Manager of Battlement Mesa Lot Holdings LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 01 �, 1 DbcFl STATE OF COLORADO COUNTY OF GARFIELD } ) 55 - Notary Public The foregoing instrument was acknowledged before me this D'1/4. day of �.ts Eric Schmela as Authorized Agent of Battlement Mesa Lot Holdings LLC, a C company. Witness my hand and official, seal, My commission expires: Ci \ b'\ SALLY GEIB VAGNEUR NOTARY PUBLIC • STATE OF COLORADO My Commission Expbes 05/01/2009 2007 by 'ted liability DENNA ROOF NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09127/2009 Ursa COMPANY September 10, 2014 Mr. Fred Jarman Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization Dear Mr. Jarman, 792 Buckhorn Drive Rifle, CO 81650 Ursa Operating Company LLC authorizes Lorne Prescott, Tilda Evans, Alex Nees and Olsson Associates to act on behalf of and represent Ursa Operating Company LLC in all matters regarding the appropriate Garfield County permits for the all pads within the Battlement Mesa PUD and related infrastructure. Please contact me if you have any questions. Sincerely, Robert Bleii Regulatory/Environmental Manager Rifle Office: (970) 625-9922 (Primary) Ext. 303 Direct Line: (970) 329-4373 Denver Office: (720) 508-8350 Cell: (720) 425-0303 E -Mail: rbleil@ursaresources.com CC: Lorne Prescott. Olsson Associates John Doose, Ursa Operating Company LLC Carl Mascioli, Ursa Operating Company, LLC www.ursaresources.com (970) 625-9922 Telephone (970) 625-9929 Fax Surface Use Agreement Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 Ill WI PPdl NYJ+. st Gfi'N+I G '1 4Y1I4*1 1I II I Reception#: 790390 08/20/2010 04:32:49 PM Jean Alberioo 1 of 9 Rec Fee:$51,CO Doc Fee:0.00 GARFTELD COUNTY CO MEMORANDUM OF SURFACE USE AGREEMENT Owner: Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 Operator: Antero Resources Piceance Corporation 1625 Seventeenth Street, Denver, Colorado 80202 Signatory Party: Exxon Mobil Corporation CORP-WGR-714 396 West Greens Road Houston, TX 77067 Property: See Exhibit A attached hereto and incorporated herein by reference Effective Date of Surface Use Agreement: January 15, 2009 To whom it may concern: The Owner owns portions of the surface of a tract of land described in the attached Exhibit A located in Garfield County, Colorado, identified as a part of Battlement Mesa PUD, hereinafter referred to as the "Property" and currently is in the process of developing the same for residential and commercial uses; The Property is subject to a surface use agreement between a predecessor of ExxonMobil and a predecessor of Battlement Mesa Partners, LLC ("BMP") dated December 12, 1989 recorded at Reception Number 548481, Book 1139, Page 112 in Garfield County, Colorado ("BMP-ExxonMobil SUA") which agreement reserved to ExxonMobil the right to use portions of the Property to develop its mineral interest underlying the Property. Operator holds valid and subsisting oil and gas leasehold rights underlying portions of the Property from ExxonMobil, Owner and other parties, and, as such has the right to reasonable use of the surface of the Property to explore for, develop, and produce certain of the oil, gas and other hydrocarbons ("Oil and Gas") that underlie the Property. Operator and Owner have entered into a separate surface use agreement dated effective January 15, 2009 ("Surface Use Agreement") to set forth their understanding of the relative rights and obligations of the Parties concerning operations on and development of the Property. The Parties' Surface Use Agreement provides for the coexistence and joint development of the surface estate and the Return To: Texhorna Land Consultants, Inc. P.D. Box 1214 Glenwood Springs, CO 81601 llll �! � ����I��I S���lil �� �� �111� r •J ill Reception#: 790390 08/2012010 04:32:49 P11 Jean Alberico 2 of 9 Rec Fee:$51.O0 Doc Fee:0.00 GARFIELD COUNTY CO Oil and Gas estate, and delineates the process through which the two estates will be developed. The Parties desire to, and by this Memorandum do, record notice of their Surface Use Agreement, which supersedes in part the BMP-ExxonMobil SUA. Copies of the Agreement and all of the terms and covenants provided therein are in the possession of both Operator and Owner. ANTERO RESOURCES PICEANCE CORPORATION ("OPERATOR") By: Brian A. Kuhn, Vice President Battlement Mesa Partners, LLC a Colorado limited liability company dlbia Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5- 2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC ("OWN:; ") By: Schme .' thorized Agent STATE OF COLORADO COUNTY OF DENVER ) 1, the undersigned Notary Public in and for said County in said State, hereby certify that , Brian A. Kuhn, as Vice President of Antero Resources Piceance Corporation, who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, has executed the same voluntarily for and as the act of said corporation. Given under my hand and official seal this l day of My commission expires: STATE OF COLORADO 11/06 CPPM1-0)(6V---- , 2010. Notary Public 1111 rihnii i 11%11111 Reception#: 790390 08/2012010 04:32:49 PM Jean Aiberico 3 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO COUNTY OF GARFIELD ) I, the undersigned authority, a Notary Public, in and for said county in said state, hereby certify that Eric Schmela, as Authorized Agent for Battlement Mesa Partners, LLC a Colorado limited Liability company dibia Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, acknowledged before me on this day that, being informed of the contents of the instrument, has executed the same voluntarily for and as the act of said entities ,rye Given under my hand and official seal this / to day of My commission expires: {y -- f f - a dl 1 , 2010. Notary Public P'VL PU K8 JENSEN. My Commission Expires 06/1112u ■111 rintmiton NAM lerfil141in •1111 Reception#: 790390 08120!2010 04:32:49 PM Jean pLberico 4 of 9 Rec Fee:551.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A Description of Battlement Mesa PUD EXHIBIT h LEGAL DESCRIPTION A parcel cf land lying in Sections 5, 6, 7, B, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Y.eridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5 South 00'15'43" West a distance of 1628.34 feet, to the Southeast Corner of the NI/2 NE1/4 SE1/4 5E1/4 of Said Section 5; Thence along the South line of the N1/2 NEI/4 SE1/4 5E1/4 North 87'19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SE1/4 SE1/4; Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00'23'16" East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4: Thence along the North line of the SE1/4 SE1/4 of said Secticn 5, North 67'26'14" West a distance of 663.79 feet, to the Northwest Corner of said 5E1/4 SE1/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00'30'52" West a distance of 1292.05 feet to the Southwest Corner of said SE1/4 5E1/4; Thence along the South line of said Section 5, South 86'59'25" East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 87'59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01'02'26" West a distance of 1-301.45 feat to the Southeast Corner of said NW1/4 NW1/47 Thence along the North line of the SE1/4 NW1/4 of said Section 9, South 88'02'23" East a distance of 1324.35 feet to the Northeast Corner of said SE1/4 NW1/4; Thence along the North line of the SWI/4 NE1/4 of said Section 9, South 88'35'51" East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 NE1/4; Thence along the West line of the NE1/4 NEI/4 of said Section 9, North 01'04'15" East a distance of 1311.84 feet to the Northwest Corner of said NE1/4 NE1/4; Thence along the North line of said Section 9, South E ra PINK MIK Pt C li'IN MO, RN ill Reception#: 790390 08/20/2010 04:32:49 PM Jean Rlberico 5 of 9 Rec Fee:$61.00 Doc Fee:0.00 GPRFIELD COUNTY CO 89'06'43' East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the East line of said Section 9, South 01'00'49" Fest a distance of 1323.29 feet, to the Southeast Corner of the NE1/4 NE1/4 of said Section 9; Thence along the North line of the SW1/4 NW1/4 of Section 10, Township 7 South, Range 95 West, South 88'46'55' East a distance of 631.29 feet to a point on the North line of the said SW1/4 NV1/4, 687 feet West of the Northeast Corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) South 00'49'34' West a distance of 221.67 feet; (2) South 48'09'56" East a distance of 361.92 feet to a paint 456.00 feet, as measured at right angles, southerly from the North line of the SW1/4 NW1/4 of said Section 10; (3) South 89'17'47' East a distance of 166.55 feet; (4) South 00'49'34' West a distance of 201.43 feet; (5) South 89'17'47' East a distance of 246.37 feet; to a point on the East line of said SW1/4 NW1/4 655•feet South of the Northeast Corner of said SW1/4 WW1/4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, South 00'54'36' West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; Thence along the East line of the NW1/4 SW1/4 of said Section 10, South 00'54'38' West a distance of 1315.11 feet to the Southeast Corner of said WW1/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 69'11'04` West a distance of 1323.06 feet to the Southwest Corner of said WW1/4 SW1/4; Thence along the South line of the N1/2 SEI/4 of Section 9, Township 7 South, Mange 95 West, North 87'19'11' West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4 of Section 9, !forth 08'38'08' West a distance of 2654.44 feet to the Southwest Corner of said N1/2 SW1/4; Thence along the South line of the NEI/4 SE1/4 of Section 8, Township 7 South, Range 95 West, North 88'43'49' West a distance of 1331.33 feet to the Southwest Corner of said NE1/4 SE1/4 of Section 8; Thence along the West line of the SE1/4 SE1/4 of Section 9, South 01'20'14' West a distance of 1316.23 feet to the 110 11 11,1 h04C1i'L41 Itii/1.014 11111 Reception#: 790390 08120(2010 04:32:49 PM Jean giberico 6 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Southwest earner of said SE1/4 SE1/4 of Section 8; Thence along the East line cf the W1/2 NE1/4 of Section 17, south 01'00'57' west a distance of 2639.16 feet to the Southeast Corner of said W1/2 NE1/4 of Section 17; Thence along the North line of the NE1/4 SE1/4 of Section 17, South 88'46'04' East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SEI/4 of Section 17, South 01`01'24' West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SE1/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87'41'13' East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, South 01'03'30° West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87'37'18' West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88'44'01' West a distance of 1984.49 feet to the Southwest Corner of the E1/2 SW1/4 SEI/4; Thence along the West line of the E1/2 SW1/4 SE1/4,•North 00'59'11" East, a distance of 1319.91 feet to the Northwest Corner of said E1/2 SW1/4 SEI/4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88.45'02' West a distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NE1/4 SW1/4, North 88'45'02' West a distance of 1158.58 feat to a point 10 rods East of the Southwest Corner of said NE1/4 SW1/4; Thence North 01'03'04' East a distance of 131.93 feet; Thence North 88'43'44' West a distance of 165.63 feet; Thence North 00'55'58' East a distance of 527.66 feet, along the West line of the NE1/4 SW1/4 to the Northeast Corner of the S1/2 NW1/4 SW1/4; Thence North 88'45'33' West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NE1/4 SEI/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NEI/4 SE1/4 of said Section 18, North 88'24'33" West a distance of 329.86 feet to the Northwest Corner of said E1/2 SE1/4 NE1/4 5E1/4; Thence along the West line of the E1/2 SEI/4 NE1/4 SE1/4 of said Section 18, South 00'53'57' West a distance of 659.61 feet to the Southwest Corner of said E1/2 SEI/4 NEI/4 SEI/4; ■Ill nitiviroinNetehetwociii Ilk Inn Reception#: 790390 08/2012010 04:32:49 PM Jean Alberico 7 of 9 Rec Fee:851.00 Doc Fee:0.00 GARFIELD COUNTY CO Thence along the South line of the NE1/4 SE1/4 of said Section 18, North 86'26'07' West a distance of 989.84 feet to the Southwest Corner of said NE1/4 SE1/4; Thence along the East line cf the SW1/4 SE1/4 of said Section 18, South 00'55'21' West a distance of 1320.46 feet to the Southeast Corner of said SW1/4 SE1/4; Thence along the East line of the W1/2 NE1/4 of Section 19, Township 7 South, Range 95 West, South 01'06'34' West a distance of 2642.08 feet to the Southeast Corner of aid W1/2 NE1/4; Thence along the South line of the NE1/4 of Section 19, North 88'41'12" West a distance of 1329.89 feet to the Southwest Corner of said NE1/4; Thence continuing Westerly along the South line of the NW1/4 of said Section 19, North 88'41'12' West 2570.36 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of Section 24, Township 7 South, Range 96 West, North 89'32'43' West a distance of 2673.12 feet to the Southwest Corner of said NE1/4; Thence along the West line of said NE1/4, North 00'23'55' West 1023.06 feet; Thence North 01'25'42' East 229.68 feet; Thence North 66'11'04' West 236.83 feet; Thence North 34'29'42' East 1613.03 feat; Thence North 86'52'30' West 202.62 feet; - Thence North 00.00'00' East 461.13 feet; Thence North 61'10'00' West 955.94 feet to the centerline of the Colorado River; Thence along said center the following courses and distances; North • 26'26-'25' East 232.98 feet; North 30'21'25' East 206.15 feet; North 35'25'25' East 644.58 feet; North 29'17'25` East 829.38 feet; North 40'24'25' East 99.86 feet; North 36'27'25' East 150.05 feet; North 34'54'25" East 163.27 feet; North 31'12'21' East 266.75 feet; North 50'36'25' East 686.79 feet: North 72'23'50" East 390.96 feet: North 76'17'12` East 151.22 feet; North 77'41'27' East 463.54 feet; North 79'53'07' East 281.99 feet; North 79'01'50' East 87.91 feet: North 62'57'39' East 257.89 feet; North 27'17'27' East 312.44 feet; North 40'46'59' East 126.43 feet; North 24'17'40" East 197.27 feet: ■��ik NRICAi01Nfiri141.Ai 'Pi 11111 Reception#: 790390 09120/2010 04:32:49 Phi Jean Rlberico 8 of 9 Rec Fea:$51.00 Doc Fee:0,00 GARFIELD COUNTY CO North North North North North North North North North North North North North North 32'26'39" 60'01'18' 74'02'49" 78'19'08" 50'40'20' 35'52'21' 26'41'020 14'13'25" 24'54'48' 14.40'020 04'23.25" 08'35'04" 20'08'11" 32'27'48' East East East East East East East East East East West East East East 124.13 109.42 226.07 154.17 444.46 149.32 150.34 511.69 241.07 996.76 274.60 215.19 79.88 71.69 feet: feet; feet: feet; feet; feet; feet; feet: feet; feet; feet: feet; feet; feet; Thence leaving said Colorado River centerline South 81'08'11° East 526.15 feet; Thence North 01'04'10' East a distance of 485.22 feet; Thence South 88'24'36' East a distance of 83.00 felt; Thence North 53'18'25' East a distance of 635.50 feet to the southerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way South 43'14'11" East a distance. of 55...74- fejt; Thence continuing along said Right -Of -Way South 34.04'07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15'35'44' East 66.56 feet; Thence North 72'19'16" Thence South 79'47'18' Thence South 37'23'26' Thence South 06'07'27° Thence North 88'48'43" West a distance of 13.56 feet; West a distance of 24.89 feet; West a distance of 100.52 feet;. West a distance of 83.52 feet; East a distance of 05.28 feet to the westerly Right -0f -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10'11'10'' East a distance of 50.64 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02'50'01' East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42'18'20" East 310.85 feet: Thence South 77'25'36' East a distance of 249.91 feet: Thence South 62'00'16' East 142.25 feet; Thence leaving said County Road Right -Of -Way Horth 13'52'58" East a distance of 60.00 feet; Thence South 76'07'01' East a distance of 196.00 feet; ■111 P INVIi.KM WICI `lits *I 11111 Reception#: 790390 08/2012010 04:32:49 PM Jean Rlaerico 9 of 9 Rec Fee:$51.00 Doc Fee:0.00 GARFIELD COUNTY CO Thence Thence Thence Thence Thence Thence Thence Thence Thence South North South North North North North North North 66'03'01" 64'50'00" 86'44'0E" 01'36'29" 86'44'01' 01'36'06' 01'32'15' 01'39'14' 65'54'03' the centerline of Thence along said distances: North North North North Horth North North North North North North North North North North North South North Horth North East East East East West East a distance a distance a distance a distance a distance a distance East a distance East a distance West a distance of 92.80 feet: of 12.20 feet; of 201.00 feet; of 650.00 feet; of 359.65 feet; of 469.21 feet; of 568.40 feet; of 355.62 feet: of 597.54 feet to the Colorado River; centerline the following courses and 30'34'03' 11'14'23' 03'21'52' 06'43'43' 09'50'22' 15'44'44' 23'23'56' 29'30'40' 43'21'22' 53'22'38' 60 37'24-.' 58'44'59' 68'18'39' 74'06'42' 86'52'08" 88'4]'46' 83'05'32' 78'27'53' 76'29'45' 49'07'36' East East East East West West East East East East East East East East East East East East East East 126.48 262.86 244.98 149.36 130.18 249.17 595.97 146.50 437.1 517.59 61-9 6r9 242.35 236.76 340.87 446.66 270.56 198.26 618.98 483.05 593.26 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; fejt;' feet; feet; feet; feet; feet; feet; feet; feet; feat; Thence leaving said Colorado River centerline South 87'53'17' East a distance of 2282.68 feet along the North line of the SE1/4 of said Section 5, Township 7 South, Range 95 West of the Sixth principal Meridian to the point of beginning. SURFACE, USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective this 15th day of January, 2009 ("Effective Date") by and between Battlement Mesa Partners. LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC. Battlement Mesa Land Investments Parcel 1 LLC. Battlement Mesa Land Investments Parcel 2 LLC. Battlement Mesa Land Investments Parcel 3 L1.C, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC. Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2. TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC. Battlement Mesa Land Investments Parcel 1-A, LLC. Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land lnvestmen.ts Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC. Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC. Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC. Battlement Mesa Office 1 LLC, Modular Homes LLC, Tamarisk Village Pads, LLC. Willow Ridge at Battlement 'Mesa LLC.. Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC. whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 hereinafter, collectively. called "Owner", Exxon Mobil Corporation hereinafter called "ExxonMobil", and Antero Resources Piceance Corporation, 1625 Seventeenth Street, Suite 300, Denver. Colorado 80202, hereinafter called "Operator." Owner and Operator may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the Owner owns portions of the surface of a tract of land described in the attached Exhibit A located in Garfield County. Colorado, identified as a part of Battlement Mesa PUD, hereinafter referred to as the "Property" and currently is in the process of developing the same for residential and commercial uses; WHEREAS. the Property is subject to a surface use agreement with predecessor of ExxonMobil dated December 12, 1989 ("BMP-ExxonMobil SUA") which agreement reserved to ExxonMobil the right to use portions of the Property to develop its mineral interest underlying the Property; WHEREAS, Operator holds valid and subsisting oil and gas leasehold rights underlying portions of the Properly from both ExxonMobil, Owner and other parties. and, as such has the right to reasonable use of the surface of the Property to explore i'or, develop. and produce certain of the oil, gas and other hydrocarbons ("Oil and Gas") that underlie the Property: and. WHEREAS, the Parties desire to enter into this Agreement to supersede in part the BMP-ExxonMobil SVA and to set forth their understanding of the rights and obligations of the Pasties concerning operations on and development of the Property and to provide for 1 the coexistence and joint development of the surface estate and the Oil and Gas estate and to delineate the process through which the two estates will he developed, and WHEREAS. it is the intent of the Parties that all of the existing owners of the surface of the Property he included in this Agreement. and for that purpose and to the best of the Owners' knowledge. all of the entities related to Battlement Mesa Partners LLC that have an ownership interest in the surface estate in the Property are listed in the first attestation paragraph above_ To the extent it is later determined that entities that have an ownership interest in the Property and that are related to Battlement Mesa Partners LLC are not parties to this agreement, Owner shall cause those omitted entities to ratify and endorse this Agreement when they are subsequently identified: NOW. THEREFORE, in consideration of the mutual promises contained herein, and ten dollars 1$10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Owner hereby grants to Operator a right-of-way and easement on, over, through, under and across the Property for the purpose of drilling. completing, operating and producing gas wells, conducting reservoir fracture stimulation operations, re -completing and ►monitoring wells therefore, together with the right-of-way and easement on, over, through and across the Property necessary to construct operate, maintain and repair (including but not limited to) access roads, fluid retention reservoirs. well sites, tank batteries. compressors. electrical lines. facilities, pipelines for handling both production produced from the Properly, as well as that produced from other lands which Owner may not have an interest, which may be necessary for Operator to have a continuous and efficient pipeline system, pigging facilities. tanks, water dischan•ge. and any other actions deemed necessary by Operator for its operations. Operator shall provide. within ninety (90) days of the execution of this Agreement, legal descriptions of the pipeline easements granted herein as well as envelopes for Wellsite Locations and their access roads. These legal descriptions are to he provided by Schmueser, Gordon, Meyer, or an engineering firm selected by the agreement of Owner and Operator. 2. Conformance with Exhibit B. Operator shall locate and stake the proposed placement of all Wellsite Locations. all access roads, and all gas -gathering lines, as depicted on Exhibit B for inspection by Owner at least 15 calendar days prior to any construction operations for such proposed surface activity. Owner may inspect the staked locations and their boundaries to determine whether they conform to the locations as depicted on Exhibit B. Within 5 calendar days of having been notified of such staking, Owner may object to the staked locations and their boundaries on the grounds that they do not conform to the locations as depicted on Exhibit B. If Owner objects, Operator shall either re -stake the locations if it does not actually conform to the survey, or confirm that it does actually conform with to the locations as depicted on Exhibit B. If Owner does not object within 5 calendar days alter having received the initial notice. then it will be deemed to have waived any objection to the staked locations. 3. Wellsite Locations. Exhibit B depicts locations of the planned well sites and central water handling and treatment facilities ("Wellsite Locations') to he used by the 2 Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the easements for the Wellsite Locations shown on Exhibits B. "Oil and Gas Operations" are defined to include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning and the drilling of replacement wells and the location of associated Oil and Gas production equipment. Specific operational requirements applying to individual Wellsite Locations are shown in Exhibit C. Any material deviation from the planned location of the Wellsite Locations, as shown in Exhibits 13 will require Owner's prior written approval, which approval will not he unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Wellsite locations identified on Exhibit B. a. Operator shall locate, build. repair, and maintain tanks. separators, treaters. dehydrators, and all other associated oil and gas drilling. and production equipment and facilities. and wellhead compressors, only within the Wellsite Locations shown on Exhibit B. Operator shall have the right to install, replace, operate and maintain equipment ori Wellsite Locations. Operator shall only he permitted to have a repair and maintenance facility at the central water handling and treatment facilities located at Wellsite Location F. with use of such facility limited to Operations conducting under this Agreement and conditioned upon the requirements specified on Exhibit C. h. Without waiving its right to use the full dimensions of the Wellsite Location as described in Exhibit B. Operator shall use good faith efforts to construct the Wellsite Locations to he as small as reasonably feasible for drilling and completion activities and will attempt to reclaim the Wellsite Locations to an area no larger than is necessary to support production equipment and future workover and recomplction or re -drilling activity. c. Supporting ttrcilitics that may be located on Wellsite Locations include but are not limited to, closed mud systems. well head equipment. lines to carry condensate, gas and water, tanks, dehydrators. treaters, and any other facilities related to Oil and Gas Operations and deemed necessary by Operator. It is expressly understood that no centralized compressots will he located on the Properly. except that wellhead compression will be permitted subject to the noise abatement requirements provided for hereinafter. d. Central water handling and treatment facilities are permitted to he located on the Property as identified on Exhibit B. Owner agrees to cooperate with Operator in obtaining necessary approtiaIs for such facilities. e. Any valve sites. exposed pipeline structures, wellhead compressor housing, permanent tanks intended to contain Hydrocarbon substances or produced water installed during Oil and Gas Operations on the Wellsite Location shall all he low profile when technically feasible and painted with color tones, matched to the surrounding landscape as per COGCC Series 804 rule on Visual Impact Mitigation. Owner reserves the right to select the hue and 3 surface finish at the time of the initial installation of surface facilities. Owner and Operator shall jointly and in good faith cooperate to take mutually acceptable measures to protect the residential character of Property outside of the Wellsite I..ocations. f. All wellheads or production facilities shall he located pursuant to COGCC rules applicable at the time they are installed and as shown on Exhibit 13, COGCC regulations shall specify the required setbacks from any designated boundary line in the Battlement Mesa PUD or a designated outside activity area. Operator. at its sole cost, risk and expense. will be responsible to obtain any governmental required approvals related to the Wellsite Locations. Owner agrees to cooperate with Operator to obtain any governmental required approvals. If Operator is precluded from obtaining required governmental approvals for any Wellsite Location. Owner agrees to work in good faith with Operator to locate a suitable replacement location. 4. Access Roads. Exhibit B depicts the approximate locations of the planned access roads ("Access Roads") to he used by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the easements for the Access Roads shown on Exhibits B. Any material deviation from the planned location of the Access Roads, as shown in Exhibits B will require Owner's. prior written approval, which approval will not he unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Access Roads identified on Exhibit B. a. Access Roads constructed by Operator shall he no greater than 20 feet wide. gated and maintained in a gond visual condition and in conformity with applicable state and local standards for oil and gas operations, including grading for proper drainage. Such road construction and maintenance shall be at the sole risk, cost and expense of Operator. Operator shall monitor the condition of the Access Roads and in those situations where wan -anted, apply dust suppressants such as water, soil tack. and/or magnesium chloride solution. Vehicle speed in excess of 20 miles per hour is prohibited. Operator will at least annually forward a "NOTICE TO ALL CONTRACTORS" regarding driving and traffic law adherence and a policy of discipline up 10 and including removal of the offending party from activities conducted under this Agreement for violators. b. If Operator or its vendors cause damage to a road that is jointly used by Operator. its vendors and the persons residing within the Battlement Mesa RID, Operator, as its sole cost. shall promptly repair any damage which it causes which is a direct result of its use of the road. Operator- agrees to hear all expenses to remove mud, gravel and sand in a manner that will cause such roads 10 be returned to the condition of such roads before being impacted by Operator's Oil and Gas Operations. c. The Parties agree to conduct their respective operations in a manner which minimizes interference +with or delay of the ongoing operations of the other. 4 d. No employee (acting in an official capacity for Operator and 1101 as a public person), agent, vendor, vendor's employee. consultant or any other person authorized by Operator to be on the Property shall bring alcohol. drugs. firearms. or animals upon the Property at any time. All gates and Access Roads on and at the Wellsite Locations and such other facilities as agreed to by the Parties will be kept closed when not in use in by Operator and Operator shall take all reasonable steps to keep the area served by the roadway as secure as possible. e. Operator. at its sole cost, risk and expense, will be responsible to obtain any governmental required approvals related to the Access Roads. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Owner agrees to cooperate with Owner in securing any and all such required approvals. Authorized agents of Owner may utilize Access Roads, provided that such use does not interfere with Operator's ongoing activities on the Wellsite Locations, 5. Pipelines. Exhibit B depicts the locations of the planned gas gathering line ("Pipeline Easements"I to he used only by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to [he areas shown on Exhibits B. Any material deviation from the planned location of the Pipeline Easements. as shown in Exhibits 13 will require Owner's prior written approval. which approval will not be unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Pipeline Easements identified on Exhibit B. a. Pipeline Easements shall consist of a 25 -root permanent easement and a temporary 50 -foot construction easement and he for the use of Operator for the installation, operation. maintenance and repair of wells, utility lines. flowlines, pipelines, and appurtenant equipment that will he used to produce, gather, measure, treat, transport or distribute oil. gas, liquid hydrocarbons, and water, whether treated or untreated. OpLrator, its successors, assigns, affiliated companies. parent companies. and subsidiaries. may use any of the flowlines and pipelines located in the easements to produce, gather. transport or distribute oil. gas, liquid hydrocarbons and water. h. Operator has the right to construct" use, repair. maintain and replace flowlines. pipelines and utility Pines providing service to wells and facilities as shown on Exhibit B. c. Gas gathering lines shall be installed at depths not less than approximately, 48 inches below the surface of the ground, except in those areas shown on Exhibit B where Owner and Operator agree to install them at a greater or lesser depth to accommodate storm sewer lines. sewer lines. water lines or other similar gravity -dependent facilities (.,Gravity Dependent Facilities"). Additionally. Operator shall bury its gas gathering lines at a greater or lesser depth at such points indicated on Exhibit B as necessary to provide Owner 5 with access roads to its development property and avoid existing structures. Operator will consult with Owner prior to installing the gas gathering lines to agree upon a burial depth necessary to avoid Owner's existing and anticipated utilities. access to its properly and structures. Owner and Operator shall each consult in good faith to reasonably and mutually accommodate each other's economic interests in the Property and the underlying oil and gas leases. d. In the event. Owner desires to have existing gas gathering lines (or such other lines or utilities as Operator may have installed) redesigned or relocated due to Owner's development plans, Operator shall review Owner's detailed drawings and attempt to accommodate redesign or relocation of the gas gathering lines at Owner's expense. Locations of gas gathering line easements and depth of pipeline installation may he changed by mutual agreement of the Parties: provided, however, all costs and expenses of such relocations shall he borne by the Party requesting the relocation. In the event that the parties agree to the relocation of a pipeline or gathering line at the Owner's request, the Operator shall provide Owner with a written estimate of the relocation costs. Owner shall remit fifty percent (5O% ) of the amount of the estimate to the Operator d() days prior to commencement of the relocation operations and the remaining 50% upon completion of the work and the submission of an itemized invoice as provided hereinafter. Thi: final amount due shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Owner. e. Operator shall compact all trenches related to any phase of drilling anchor pipeline construction to no ]css than 95% SPD: provided that compaction shall he I00% SPD for all trenches which are in areas designated for public or private roads or paved trails. f. Owner may cross gas gathering line easements affirmed or granted herein to install, operate and maintain streets, curbs, gutters, sidewalks, utility service lines, cables or facilities, including those for water. gas. sewer, electricity, telephone, television, and fiber optics, provided that Owner ;shall use its best efforts to minimize interference with Operator's use of the easements affirmed or granted herein, and provided further that 1) any such crossing shall he at substantially right angles to the easements affirmed or granted herein. if reasonably possible: 2) if any such streets, curbs, gutters, sidewalks lines. cables or facilities are laid substantially parallel to gathering lines or pipelines, they shall he located at a minimum horizontal distance of five feet from any gathering line or pipeline; and, 3) any lines, cables or facilities that cross gathering lines or pipelines shall be separated vertically by a minimum distance of two (2) feet center -to -center. Owner. its agents. representatives. successors and assigns may use easements for other utilities. access and roadways as deemed necessary by the Owner: provided that utilities shall have a horizontal separation of at least live (5) feet (center to center) and a vertical separation of at least two (2) feet (center -to -center). 6 h. Within ninety (YO) days following completion of construction of any working segment of pipeline or ancillary facilities. Operator shall, at its sole cost, provide Owner with as -built drawings of the completed pipeline segment or ancillary facilities. Operator, at its sole cost, risk and expense, will be responsible to obtain any governmental required approvals related to the Pipeline Easements. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Pipelines serving each Wellsite Location shall he completed contemporaneously with the commencement of oil and gas operations at the respective Wel!site Locations A, B. C. D, E. L and M, on a location by location basis. k. In the event Operator desires to permit a third party to utilize Operator's Pipeline Easements. which utilization is not in connection with Operator's Oil and Gas Operations, Operator shall obtain the permission of Owner to such use. Operator acknowledges that Owner may require compensation and other considerations for the grant of this permission. 1. Operator acknowledges this grant of pipeline easements is reflective of its agreement with Owner to greatly reduce or eliminate trucking at Battlement Mesa PUD by the transportation Of oil, gas, liquid hydrocarbons and water by pipeline in its Oil and Gas Operations from the \Wellsite Locations to the central water handling and treatment facility shown on Exhibit B. m. If Owner intends to construct any improvements in any of the pipeline or access easements described in this Agreement that would potentially interfere with Operator's acces•; to or use of such easement, Owner shall provide at least 180 days' Notice to Operator (the "Notice Period") of such intended activity. Notice shall he given in writing and shall be specific enough to allow Operator to determine the extent to which such activity would potentially interfere with Operator's use of any easement. Operator may construct pipelines or other facilities as provided in the Agreement, in such easements during the Notice Period without interference from Owner's activities. If Operator has not constructed pipelines or facilities in such easement during the Notice Period. and Owner has subsequently built improvements in such easement after the end of the Notice Period, then Operator may construct pipelines or facilities in such easement, but Operator shall he required to pay for actual damages to the improvements constructed in such easement that are caused by Operator's subsequent construction of pipelines or facilities in such easement. If Owner gives Notice, but has not constructed any improvements in the casements for which it has given Notice under this Paragraph by the end of 365 days from the date of such Notice, then such Notice shall he deemed to have lapsed, and the paries' relative rights in such easements shall return to the status quo that existed prior to the Owners' giving oI' Notice. 7 n. In the event Operator's Oil and Gas Operations impact the Battlement Mesa Golf Course. Operator agrees to restore that part of the golf course to its pre - impacted condition as soon as possible. In this restoration, Operator will work with the golf course superintendent to assume that all necessary steps are taken to return it to its pre -impacted condition. Operator agrees to utilize and pay for the golf course maintenance staff and/or its designated vendors as well as all materials required. Operator shall also pay for any revenue loss caused by its incursion into the golf course. The amount of these losses shall be determined by the golf course's previous year's rounds from the "taken" period multiplied by the current year's rates for each round. Operator further agrees to per'f'orm all work directly impacting the seventh green, to the extent commercially feasible. in the months of January and February (when the goli'course usage is typically low). o. At such time as pipe is laid in the pipeline easements, it shall not be removed except for the purpose of repair. upon the termination of Oper'ator's Oil and Gas Operations, the pipelines shall be lett in place and abandoned by Operator. 6. Power/Telephone/Transformers. Only power lines, transformers and data transmission lines necessary for the operation of wells drilled on the Wellsite Location, or production equipment ancillary thereto. may be installed on the Wellsite Location or in the casement of any Access Road or Pipeline Easement. No power line. data transmission line or transformers will he permitted outside of Wellsite Location, Access Road or Pipeline Easement shown Exhibit B. 7 Hours of Operation. There will be no time of day restrictions with regard to drilling, completing. re -completing, workover, reservoir fracture stimulation operations. With respect to other routine ongoing maintenance. development and production operations. Operator agrees to limit such activities (except in the case of emergency) to between the hours of 7:0{) AM to 8:0{) PM. 8. Noise Abatement. Stationary engines and their exhausts shall be located and oriented to direct noise away from the homes closest to Wellsite Locations as set forth by COGCC Series 802.e rule. Equipment initially installed on Wellsite Locations shall be modern and well maintained. Operator will evaluate noise generation from equipment and require contractors to refit mufflers etc. in situations where the volume of sound produced may exceed applicable standards. Operator shall at all times maintain compliance with applicable Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations pertaining to noise reduction standards in Residential/ Agricultural/Rural areas and employ best management practices as set out in the COGCC Series 802 Noise Abatement Rule, Neither Operator nor its vendors shall be permitted to utilize engine braking on the Property. 9. Lighting Abatement, If a drilling rig is within 1,000 feet of an occupied dwelling. Operator and its subcontractors will align the drilling rig lighting equipment to minimize the proportion of the lights that are directed toward the dwelling and will install lighting shield devices on all of the more conspicuous lights. Lighting shall 8 he directed inward and downward except as deemed necessary by Operator to illuminate other areas for safety reasons, Operator shall use appropriate technology to minimize light pollution emanating from the Property including. but not limited to. utilization of low density sodium vapor lighting. 10. Air Emissions and Odor Abatement. Operator will utilize mats, soil tack and/or liquid dust suppressants as necessary to mitigate fugitive dust emissions from Wellsite Locations. Completion processes shall be designed to consolidate the number of hydraulic fracture stimulation flow -hack events. No flaring of wells steal] be permitted within 2.000 feet of an occupied dwelling, except in the event of emergency. Operator- may flare a well within 2.000 feet of an occupied dwelling if such flaring is conducted utilizing flare suppression containment. Glycol dehydrators. tanks, treaters, and flares shall comply with applicable C'DPHE and COGCC regulations governing VOC emissions. Operator's operations shall he in compliance with the applicable Colorado Department of Public Health and Environment Air Quality Control Commission Regulations, including, hut not limited to. the Regulation No. 2 requirement that no oil or gas operation may cause or allow the emission of odorous air from any single source that is detectible after the odorous air has been diluted with seven or more volumes of odor -free air. These measurements shall he made outside the property line of the property from which the emission originates. 11, Noxious Weed Management. Operator shall maintain a noxious weed management plan consistent with the requirements of Garfield County, Colorado and the COGCC Series 1003.f. and 1004.e. rules on noxious weed management. 12. Visual Impact Mitigation and Reclamation of Wellsite Locations. Operator agrees to construct each Wellsite Location to mitigate visual impacts, including specific Wellsile Location requirements described in Exhibit C As soon as reasonably feasible land consistent with hest practices and growing seasons), Operator shall commence interim and final reclamation operations as per COGCC Series 1003 and 1004 rules. The timing to begin such reclamation operations will be determined in good faith negotiations between Operator and Owner. The reclamation standards are set forth in the attached Exhibit D, Reclamation Plan. 13. Environment and Safety. Operator will comply with all applicable COGCC. Colorado Department of Public Health and Environment (CDPIIE), Environmental Protection Agency (EPA) spill control, cleanup, and reporting requirements, the Comprehensive Environmental Response, Compensation and Liability Act ("CFRCLA"). The Resource Conservation and Recovery Act ("RCRA"') the Oil Pollution Act ("OPA') and the Clean Water Act. a. Sanitary facilities will be on site at all times during drilling. testing and completion operations. Sewage will be placed in a portable chemical toilet. The toilet will be replaced periodically utilizing a licensed contractor. "Toilet contents will he delivered to local vvaslewater treatment facilities in accordance with state and county regulations. Disposal will be in accordance with the State of Colorado and Garfield County rules and regulations regarding sewage treatment and disposal.. 9 h. All refuse, trash and other solid waste, (including cans, paper. cable, etc.) generated during drilling. testing and completion operations will he contained in enclosed receptacles, removed from the location promptly, and hauled to an authorized disposal site. c. Immediately after completion of construction. all debris and other waste materials will he cleaned up and removed from the location. d. All project -related activities involving hazardous materials use will he conducted in a manner that minimizes potential environmental impacts. Operator shall maintain a file of current Material Safety Data Sheets (MSDS) for all chemicals, compounds, and/or substances that are used in the course of site preparation, drillirtg operations. production operations and reclamation. Con)plianee iv'ith the foregoing will be governed by the rules and regulations of the Colorado Oil and Gas Conservation Commission. e. Any spills of oil. gas, or any other potentially hazardous substance shall he reported to (and within the timeframes specified by) local authorities, state authorities, federal authorities, and other responsible parties as required under EPA regulations — 40 CFR part 1 10, Discharge of Oil regulation, and 40 CFR part 112. Oil Pollution Prevention regulation, and COC3C'C and CDPHE spill reporting requirements. Such event shall he mitigated inirnediately. as appropriate, through cleanup or removal to an approved disposal site. g. Operator will implement a spill prevention, control and counter measure control plan (SPCC'). No hazardous materials in toxic concentrations will be permanently stored on any Wellsite Location. hazardous materials for use in the production of oil, gas or water will he allowed but will he stored and in use in reasonable quantities necessary for Operator's activities on such Wellsite Location. No bulk storage of hazardous materials is allowed. Operator shall ensure that all personnel and contractors employed in operations shall receive appropriate training in safety and environmental protection practices as required by state and federal laws and regulations. Operator- shall not house employees on the Property on a temporary or permanent basis without the express written consent of Owner. Notwithstanding the foregoing, Operator is permitted to allow key personnel to reside temporarily on Wellsite Locations provided such personnel are. in Operator's and Owner's jointly held opinion, necessary to maintain a safe operation. The Operator will conduct and maintain its operations in a safe manner and protect the public from any hazardous conditions. In the event of an emergency. Operator will take immediate appropriate action to safeguard life and prevent significant environmental degradation. 14. Emergency Communications. Operator will comply with all local, state and federal reporting requirements in all emergency situations. Emergency contact information 10 shall he posted in a conspicuous location on the Property. In the event of an emergency requiring communication with the community. Operator will coordinate with the Garfield County Emergency Communications Authority to immediately contact surface owners living within 1,00(} feet of such emergency. Further, Operator shall immediately contact Owner's representative advising of that emergency situation 15. Operator's Sole Risk: Insurance. a. Operator shall conduct all operations on the Property at its sole risk. cost and expense. Operator- assumes all risk and liability of any nature incident to. occasioned by or resulting in any manner. directly or indirectly. from Operator's operations hereunder. h. Operator shall carry no Tess than 55 million in general liability limits for any one occurrence and 510 million in the aggregate, and shall name the Owner as an ,additional insured with respect to the liabilities assumed hereunder. 16. Surface Damage Payments. Operator shall conduct berrning and landscaping at the Wellsile Locations as described in Exhibit C. The referenced hemline, and landscaping is not intended to waive any right or remedies the Owner may have, including the right to damages. if it is determined that the conduct of Operator, or its agents. employees, successors or assigns exceeds the scope of the those rights granted herein or Operator is in breach of its duties under this Agreement. 17. Owners" Utilities. To the degree that Operator requires any utility lines (i.c. communication. electric, etc) to service any of the facilities depicted on Exhibit B. Operator agrees to locate such utility lines underground at Operator's cost. 18. Compliance with Colorado Oil and Gas Conservation Rules and Regulations. Operator agrees to comply with all of the applicable rules and regulations of the COGCC concerning the development of the Property for oil and gas exploration. drilling. production and the Property's reclamation. Provided, however, that Operator has complied with applicable requirements of the COGCC Regulations for well permitting. Owner agrees, for itself, its successors and assigns. that it shall execute written waivers to allow the COGCC to issue permits to drill wells in the Wellsite Locations shown on Exhibit B. including without limitation, waivers ()I' any setback requirements imposed by the COGCC's High Density Development Area regulations. 19. Indemnification. All use and occupancy of the surface of the Property of Owner, its successors and assigns. by Operator. its agents, employees. contractors, subcontractors, representatives, agents or assigns, shall he at the sole risk of Operator. Operator hereby agrees to indemnify. defend and hold harmless Owner, its employees. customers, golfers, agents. guests. successors and assigns from and against any and all losses, costs. daaniages, claims awards. attorneys fees (including Owner's attorneys fees and litigation expense. provided such fees and expenses are reasonahlel, expenses. demands. ,judgments or liabilities resulting from injuries or death of any person whomsoever. or losses. damages, destruction, pollution. hazardous material spills. discharges to any of Owner's or any third parties' properly whatsoever caused by Operator's oil and gas activities and operations at and below the surface of Battlement Mesa PLD. or by Operator's agents. representatives. contractors. and employees. Specifically excepted from Operator's foregoing indemnity in favor of the Owner shall he those losses suffered by Owner (or other third parties) that are caused by the negligence or fault of the Owner. or Owner's agents, contractors, subcontractors, representatives, or assigns. Operator further agrees to indemnify, hold harmless and defend Owner, its employees. agents, subcontractors, representatives. successors and assigns from any liability which may he asserted or determined by any individual. legal entity, county. state or federal agency based upon a violation of any of the provisions of CERCLA. RCRA, OPA. the Clean Water Act or common law resulting from the actions or inactions of the Operator on the Property. 20. No liens.. Operator shall keep the Property free and clear of any and all liens for labor or work performed by it or its contractors and subcontractors upon the Property relating 10 its oil and gas exploration. development or production operations or for materials furnished thereto. Notwithstanding the above. Operator may contest the validity of any alleged lien. including the enforcement thereof. Operator agrees to pay any and all property taxes. assessments. governmental charges imposed upon its interest in the Property and upon any building, structure or other- improvements. equipment or personal property placed or erected upon the Property. 21. Term. This Agreement will remain in effect for as long as Operator, its successors, or assigns is utilising the easements granted ►tder this Agreement, with no inactivity of greater than 24 continuous months (excluding event of force majeurc). 11. BMP-ExxonMobil SUA Superseded in Part. Operator and ExxonMobil acknowledge that Owner is in the process of developing the Battlement Mesa PUD, ExxonMobil, Operator and Owner agree: d) that future Wellsite Locations, wells and/or production facilities shall be placed; and (ii) that the real estate situated in Battlement Mesa PUD shall he developed. in a manner consistent with this Agreement. To the extent this Agreement is in conflict with the BMP-ExxonMobil SUA, this Agreement will prevail as among the parties. It is expressly understood and agreed that ExxonMobil is ,joining in this agreement solely for the purpose of being bound by this paragraph, and. paragraphs 23 to 24 and paragraph 26 below. and that the other terms and conditions of this agreement shall he between Owner and Operator, and shall not he applicable to ExxonMobil. 23. Successors and Assigns. This Agreement is binding upon the successors, heirs and assigns of Owner, Operator and ExxonMobil. 24. Counterparts/Facsimile Signatures. The Patties may execute this Agreement in any number of counterparts, each of which shall he deemed an original instrument, but all of which together shall constitute but one and the same instrument. The Parties agree that facsimile signatures are binding. 25. Bread~. The Parties acknowledge that. in the event of a violation of this Agreement by either party, the breaching Party shall pay any actual damages found by the trier of fact to have been caused by such breach. In any litigation related to this 1? ?6. Agreement. the prevailing party shall be awarded its costs and lees. including without limitation. reasonable expert fees and reasonable attorney fees. Notices. Any notice or other communication required or permitted under this Agreement shall he sufficient if deposited in the t S. Mail. postage prepaid. or sent via expedited delivery service. \villi proof of delivery. or by facsimile transmission with proof of receipt by the notified party, addressed as follows: 1f to Operator: Anter° Resources Piceance Corporation Attn: Vice President- band 1625 Seventeenth Street. Suite 300 Deliver, Colorado 8()2()2 Facsimile 3()3-357-7315 Telephone number 3()3-357-731() If to Owner: Battlement Mesa Partners, LLC Attn: Eric Sc1in ela P.O. Box 6000. Parachute. CO 81635 Facsimile 970-285-9035 Telephone number 970-285-974() If to ExxonMobil: Exxon Mobil Corporation Attn: Land Supervisor - Pa. eco, YG/0 Facsimile 713-431-1467 Telephone number 713-431-1456 772 (0 — </6/o 27 Annual Consultation \vith Owner. Operator agrees to meet annually lvith Owner at a mutually agreeable time and place to discuss Operator's planned upcoming year's C)il and Lias Operations including. but not loomed to. drilling activity. Ten days prior to this meeting. Operator shall provide to Owner in writing its planned scheduled activities. Operator agrees to provide Owner written notice. immediate' Or any change to Operator's stated schedule at any time such change is made. Further. at this meeting. Operator and Ower shall address Owner's concerns about past, present and the proposed future Oil and Lias Operations at Battlement Mesa PUI). This Agreement ma) he amended onl\ h\' means of a mutual]) executed \ritten letter agreement. 13 IN WITNESS WHEREOF. this instrument is executed as of the dale lirst above written. OWNER: Battlement Mesa Partners. LLC Nance: Title: OWNERS: Battlement Mesa Land Investments. I.LC Battlement Mea Land Investments Parcel 1 LLC Battlement Mesa Land Investments Parcel 2 LLC Battlement Mesa Land Investments Parcel 3 LLC Battlement Mesa Land Investments Parcel 6 LLC Battlement Mesa Land Investments Parcel 7 LLC Battlement Mesa Land Investments Parcel ()HS LLC Battlement Mesa Land investments Parcel 5-1, TRK3 and -1 1.I.0 Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC Battlement Mesa Land Investments Parcel Fairways LLC Cireen Head Investments 1 I.LC Burning Rock B2L2 LLC MCV2 Church Site LLC Battlement Mesa Golf Course. LLC Saddleback Village Convenience Center. LLC Willow Park Apartments I.I.0 Battlement Mesa Land Investments Parcel 1-A, I.LC Paradise Valley Minerals LLC Battlement Mesa Land InwestrnentsTowwn Center 1 LLC Battlement Mesa Land Inwestmenls Town Center 2 LLC Battlement Mesa Land Investments Town Center 3 LLC Battlement Mesar Plaza Towyn Center, I.I_C Battlement Mesa Land Ink estments Parcel 5-1. TRK 2 LLC Battlement Mesa Land Investments OES LLC Battlement Mesa RV Park LLC Battlement Mesa RV Storage LLC Battlement Mesar Office 1 LLC Modular Homes LLC Tamarisk Village Pads, LLC Willow Ridge at Battlement Mesa LLC Battlement Mesa Parcel 5 LLC Battlement Mesa Lot Holdings LLC Battlement Mesa Parinet;.s LLC l r Eric Schen Authori. Agent 14 3 -2 -07 - OPERATOR: Antero Resource,. PiCeanee Corporation Name: Brian A. Kuhn Vice President EXXON MOBIL CORPORATION: Name: Title: c7, John C./Rothwell Agern and Attorne -iii-1.act STATE OF COLORADO C'C)1 rNTY OF DENVER § § ACKNOWLEDGMENTS 1'ha: foregoing instrument Vs as acknowledged berme me on this day of tisaferks— . 2(X)9. h`,. Eric Schmcla. Atuhoriied Agent for Battlement Mesa Partners. LLC. a Colorado limited liability company d/hhi Battlement Mesa Cotnpan�. and Battlement Mesa Land Investments. 1.1.C. Battlement Mesa Land Investments Parcel 1 1.I_C'. Battlement Mesa 1.and In\ estments Parcel 2 1.1.(`. Battlement Mesa Land Investments Parcel 3 1.I.(', Bafflement nt Mesa I..and Inestinents Parcel (ti 1.I_C, Battlement Mesa Land Investments Parcel 7 LLC. Battlement Mesa I.and In\estmcnts Parcel 011S 1.1.C. Battlement Mesa 1.and Investments Parcel 5.1. TR K3 and 4 1.1.('. Battlement Mesa Land Investments Parcel 5-2, TRK 5 1.1.('. Battlement Mesa land In.cstincnts Parcel 5-2. TRK Cl 1.1.C. Battlement Mesa Land In\cstments Parcel l airways LLC. Green !lead Imcstments 1 1.I.C. Burning Rock B212 LLC. MC'V2 Church Site 1.1.('. Battlement Mesa Golf Course. 1.1.('. Saddleback Village Convenience C'enler. LLC, Willow. Park Apartments 1_L('. Battlement Mesa land investments Parcel 1-A. 1.l-('. Paradise Valley Minerals 1.1.C. Battlement Mesa Land Investments Town Center I ILC. Battlement Mesa Land Ingcstmenls'Eoven Center 2 1.1.C. Battlement Mesa Land 1nkestments Town Center 3 1..1.C. Battlement Mesa Plaza Town Center, 1.LC. Battlement Mesa Land Investments Parcel 5-1. TRK IJ.(. Battlement Mesa Land In esttllenls GFS LI.C. Battlement Mesa RV Park 1.1.('. Battlement Mesa RV Swage 1.1.C. Battlement Mesa Office 11.L('. Modular Homes I.1.C. Tamarisk Village Pads. I_I.C. Willow Ridge at Battlement Mesa 1.1.C.. I3attlement Mesa Parcel 5 1.1-('. Battlement Mesa Lot 1loltlings 1.1.C. on behalf of said entities. Mv Commission Expires: My Comtism!) Expires 0912112012 15-1 Notary Public. S ate of Colorado STATE E OF TEXAS COUNTY Y OF HARRIS `Iia foregoing instrument was acknowledged before me on this /f_ 7 da) of 2(}0Y. by John C. Rothwell, Agent and Attorney -in -tact for EXXON MOBIL C'O .PORATI()N, a New Jersey corporation, on behalf of said corporation. 1 Commission Expire: Amr RA JOHNSON Notary Public Slate of Texas Comm. Exp. 10.06-2010 STATE OF COLORADO COUNTY OF DENVER l 4 N tart' Public, 1 ate of Texas The forcgoinu instrument was acknowledged before me on this / 4t`' day of j 2009, by Brian A. Kuhn. Vice President, for ANTERO RESO(JRC'ES PIC EANC'E CORPORATION, on behalf of said corporation. My Commission Expires: IN KELLY HUFFMAN NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 08/03/2011 Notary 'ubli to of Colorado Eit 4f(ct; Nct1.(:_c-21'16' Last 109.42 test: rcIth 4•02'49Lt tEEt. Unrth 7?a'19'06' East 3:4 31 feet; Neftfi 40' 20 East 444,4f feet; Fast i4a.37 feet: Hort': 2641'02' Last 150.4 feet; Foith 14'13'25' East t11.69 feet; ;:rith 24 46' East 241.07; tet; • ;4-4002' Fasi: 996.76 feet; • !rth t7,4'23'2" west 274.60 feet; • Lh—..it'O4* East21.5.1 feet; • th -..'00fl1• East 79.68 feel: Yotth 32'7'48' East 71.69 feet: itaving said C.':cle,rado River center1ine Seuth F1'r:q!,'11' Fast .,26.15 feet; Tnenc-t,1 i 4.11'04'10' East a distance of 485.22 feet; Then::e .t,..Aith 66'24'36' East a distance of 63.0° teet Thence Nolth t3';P'25' Vast a distance of (1.'50 feet to the stitherly Sight -Cf -Way of the existing County Road: Thence alew.:4 said Si9ht-Of-Way South 43'1011' East A distance.of fset4 Thence cc,ntin9 along ead 1ti9ht-Ot-Why South J4'04'07' Fast 107,02 feet; hence hlena. said kiyht-of-Way Euoth 1525'44, Est 66.55 fet; Thehoe "e2':9 36' West h distance of 13,56 feeti lhence tT:.4th 79'4)'.1.b' West a distance of 24.89 feet; Tt—hr:t, F•.th :7'23 26' West 6 distance of 10.52 feet; Thcm27t:eet a distance of 63.52 feet: ,th th'46'4.1' L,st ), distance et 85.26 feet to SITE 4!esitrii kiglit-f:u-y of the siiisting ccoonty fih't-Or-Way the courses and .1(14 Vast a distance. of 110.84 • ;!. fLtt the tic of eurve le the 'left t rac'lins of 1:1.94 feet, the .crd cf said • r&arsScuth o.2'f-4:1' East. of 244:u3 tt; the lett ieeL :hc..d of szid . ; . I. 4 ' F ' '2i • ! 1 t t ,) diat411c,c ,1 tre,t; • Last '42.".'.5 feet: JU cf Fa.st. a distance of (.(r fuut? 20 Exhibit F3 Map Depicting General Location of Wellsite Locations. Access Roads and Pipeline Easement~ (Plat follows) JCo Ff corded at I - o'c►ock M Reception No. 408516 PSL'`'!'-,' i ALSDORF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED af10X 769 r518 GARFIELD State Doo. Fee 15o ° (2 - BATTLEMENT BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell Street, Houston, Texas 77001, for the consideration of ten dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership,•with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of Colorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. SIGNED this day of December, 1989. ` Ar ATTEST.:' T n C. Moll Secretary STATE OF COLORADO S5. COUNTY OF ARAPAHOE BATTLEMENT MESA, INC., a Delaware corporation By: Riellerre A/ Preside t tonger, Vice The foregoing instrument was acknowledged before me this ,:A, day of December, 1989 by Richard A. Stonger as Vice President and John C. Moline as Secretary of Battlement Mesa, Inc., a Delaware corporation. (-4n5- -HHSD/AB4 WITNESS my hand and official seal. My commission expires: (4,,,zi../l L991, Not.:ry Public a,1OK 769 PSE 5:i9 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December '+O,.1989, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5 South 00°1.5'43" West a distance of 1628.34 feet, to the Southeast Corner of the N1/2 NE1/4 SE1/4 SE1/4 of Said Section 5; Thence along the South line of the N1/2 NE1/4 SE1/4 SE1/4 North 87°19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SE1/4 SE1/4; Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00°23'16" East a distance of 324.34 feet to the Northwest Corner of said NEI/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 SE1/4 of said Section 5, North 87°26'14" West a distance of 663.79 feet, to the Northwest Corner of said SE1/4 SE1/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00°30'52" West a distance of 1292.05 feet to the Southwest Corner of said SE1/4 SE1/4; Thence along the South line of said Section 5, SouthJ 86°59'25" East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 87°59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01°02'26" West a distance of 1301.45 feet to the Southeast Corner of said NW1/4 NW1/4; Thence along the North line of the SE1/4 NW1/4 of said Section 9, South 88°02'23" East a distance of 1324.35 feet to the Northeast Corner of said SE1/4 NW1/4; Thence along the North line of the SW1/4 NE1/4 of said Section 9, South 88°35'51" East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 NE1/4; Thence along the West line of the NE1/4 NE1/4 of said Section 9, North 01°04'15" East a distance of 1311.84 feet A-1 Bnoc 769 PbCE52O to the Northwest Corner of 'said NE1/4 NE1/4; Thence along the North line of said Section 9, South 89°06'43" East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the East line of said Section 9, South. 01°00'49" West a distance of 1323.29 feet, to the Southeast Corner of the NE1/4 NE1/4 of said Section 9; Thence along the North line of the SW1/4 NW1/4 of Section 10, Township 7 South, Range 95 West, South 88°46'55" East a distance of 631.29 feet to a point on the North line of the said SW1/4 NW1/4, 687 feet West of the Northeast Corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) South 00°49'34" West a distance of 221.67 feet; (2) South 48°09'56" East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SW1/4 NW1/4 of said Section 10; (3) South 89°17'47^' East a distance of 166.55 feet; (4) South 00°49'34" West a distance of 201.43 feet; (5) South 89°17'47" East a distance of 246.37 feet; to a point on the East line of said SW1/4 NW1/4 655 feet South of the Northeast Corner of said SW1/4 NW1/4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, South 00°54'36" West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; Thence along the East line of the NW1/4 SW1/4 of said Section 10, South 00°54'38" West a distance of 1315.11 feet to the Southeast Corner of said NW1/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 8.9°11'.04" West a distance of 1323.06 feet to the Southwest Corner of said NW1/4 SW1/4; Thence along the South line of the N1/2 SE1/4 of Section 9, Township 7 South, Range 95 West, North 87°19'11" West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4 of Section 9, North 88°38'08" West a distance of 2654.44 feet to the Southwest Corner of said N1/2 SW1/4;. Thence along the South line of the NE1/4 SE1/4 of Section 8, Township 7 South, Range 95 West, North 88°43'49" West a distance of 1331.33 feet to the Southwest Corner of said NE1/4 SE1/4 of Section 8; BOOS( 769 ncE521. Thence along the West line of the SE1/4 SE1/4 of Section 8, South 01°20'14" West a distance of 1316.23 feet to the Southwest Corner of said SE1/4 SE1/4 of Section 8; Thence along the East line of the W1/2 NEI/4 of Section 17, South 01°00'57" West a distance of 2639.16 feet to the Southeast Corner of said W1/2 NE1/4 of Section 17; Thence along the North line of the NEI/4 SE1/4 of Section 17, South 88°46'04" East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SE1/4 of Section 17, South 01°01'24" West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SEI/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87°41'13" East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, South 01°03'30" West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87°37'18" West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88°44'01" West a distance of 1984.49 feet to the Southwest Corner of the E1/2 SW1/4 SE1/4; Thence along the West line of the E1/2 SW1/4 SE1/4, North 00°59'11" East, a distance of 1319.91 feet to the Northwest Corner of said E1/2 SW1/4 SE1/4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88°45'02" West a'distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NEI/4 SW1/4, North 88°45'02" West a distance of. 1158.58 feet to a point 10 rods East of the Southwest Corner of said NEI/4 SW1/4; Thence North 01°03'04' East a distance of 131.93 feet; Thence North 88°43'44" West a distance of 165.63 feet; Thence North 00°55'58" East a distance of 527.66 feet, along the West line of the NEI/4 SW1/4 to the Northeast Corner of the S1/2 NW1/4 SW1/4; Thence North 88°45'33" West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NEI/4 SE1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NEI/4 SE1/4 of said Section 18, North 88°24'33" West a distance of 329.86 feet to the Northwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; Thence along the West line of the E1/2 SE1/4 NE1/4 SE1/4 of said Section 18, South 00°53'57" West a distance of 659.61 feet to the Southwest Corner of said E1/2 SE1/4 NEI/4 SEI/4; A-3 BOOK 769 PAGE522 Thence along the South line of the NE1/4 SE1/4 of said Section 18, North 88°26'07" West a distance of 989.84 feet to the Southwest Corner of said NE1/4 SE1/4; Thence along the East line of the SW1/4 SE1/4 of said Section 18, South 00°55'21" West a distance of 1320.46 feet to the Southeast Corner of said SW1/4 SE1/4; Thence along the East line of the W1/2 NE1/4 of Section 19, Township 7 South, Range 95 West, South 01°06'34".West a distance of 2642.08 feet to the Southeast Corner of said W1/2 NE1/4 ; Thence along the South line of the NE1/4 of Section 19, North 88°41'12" West a distance of 1329.89 feet to the Southwest Corner of said NE1/4; Thence continuing Westerly along the South line of the NW1/4 of said Section 19, North 88°41'12" West 2570.38 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of Section 24, Township 7 South, Range 96 West, North 89°32'43" West a distance of 2673.12 feet to the Southwest Corner of said NEI/4; Thence along the West line of said NE1/4, North 00°23'55" West 1023.06 feet; Thence North 01°25'42" East*229.68 feet; North North North North North North North North North North North North North North North North North North North South North North North North North North 31°20'39" 23°57'45" 03°44'35" 78°09'48" 29°11'58" 41°32'54" 43°05'27" 45°29'15" 87°42'34" 31°06'41" 22°45'04" 39°02'08" 25°36:08" 04°45'49" 20°21'12" 30°23'55", 40°00'23" 59°27'09" 67°50'01" 74°03'17" 74°48'51" 77°02'26" 80°16'54" 53°05'34" 36°5.9'27" 39°38'39" East East East East East East East East East West West West West West East East East East East East East East East East East East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of of of of of of of of of of of of of of of of of of of of of of of of of of 413.32 feet; 196.98 feet; 107.23 feet; 170.63 feet; 807.63 feet; 223.14 feet; 127.35 feet; 332.35 feet; 50.04 feet; 332.88 feet; 336.16 476.34 266.13 301.04 330.64 434.77 365.55 354,15 437.32 145.60 362.66 383.98 645.06 612.80 284.20 136.36 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; BOOK 769 FAGE523 North 18°09'46" East a distance of 266.27 feet; North 05°30'08" East a distance of 219.01 feet; North 35°52'20" East a distance of 298.65 feet; North 09°18'01" East a distance of 290.82 feet; North 09°50'56" East a distance of 292.31 feet; North 31°58'49" East a distance of 241.68 feet; North 18°54'07" East a distance of 271.65 feet; North 23°11'55" East a distance of 380.79 feet; North 09°57'50" East a distance of 375.67 feet; North 06°34'55" West a distance of 261.72 feet; North 05°26'25" East a distance of 105.48 feet; North 20°08'11" East a distance of 159.76 feet; North 04°25'19" East a distance of 105.19 feet; Thence leaving said Colorado River centerline South 81°08'11" East 415.22 feet; Thence North 01°04'10" East a distance of 485.22 feet; Thence South 88°24'36" East a distance of 83.00 feet; Thence North 53°18'25" East a distance of 635.50 feet to the southerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way South 43°14'11" East a distance of 55.74 feet; Thence continuing along said Right -Of -Way South 34°04'07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15°35'44" East 66.56 feet; Thence North 72°19'16" West a distance of 13.56 feet; Thence South 79°47'18" West a distance of 24.89 feet; Thence South 37°23'26" West a distance of 100.52 feet; Thence South 06°07'27" West a distance of 83.52 feet; Thence North 88°48'43" East a distance of 85.28 feet to the westerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10°11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02°50'01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42°18'20" East 310.85 feet; Thence South 77°25'36" East a distance of 249.91 feet; Thence South 82°00'16" East 142.25 feet; Thence leaving said County Road Right -Of -Way North 13°52'58" East a distance of 60.00 feet; Thence South 76°07'01" East a distance of 196.00 feet; ThenceSouth66°03'01" East a distance of 92.80 feet; Thence Thence Thence Thence Thence Thence North 64°50'00" South 86°44'06" North 01°36'29" North 86°44'01" North 01°36'06" North 01°32'15" East East East West East East a distance a distance a distance a distance a distance a distance BOOK 769 PAGE 2 of 12.20 feet; of 201.00 feet; of 650.00 feet; of 359.65 feet; of 469.21 feet; of 568.40 feet; Thence North 01°39'14" East a distance of 355.62 feet; Thence North 85°54'03" West a distance of 478.86 feet to the high water line of the Colorado River; Thence along said high water line the following courses and distances: North North North North North North North North North North South North South South South South North North 13°05'07" 06°43'43" 19°49'25" 42°43'01." 56°49'54" 49°26'57" 61°16'18" 67°09`59" 69°11'35" 87°08'15" 73°22'09" 88°43'46" 88°09'51" 82°24'43" 84°31'33" 84°58'17" 42°17'27" 27°02'16" East East East East East East. East East East East East East East East East East East East a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of 307.73 feet; of 896.17 feet; of 613.35 feet; of 426.02 feet; of 182.78 feet; of 246.11 feet; of 853.00 feet; of 206.15 feet; of 267.44 feet; of 320.40 feet; of 80.36 feet; of 541.13 feet; of 312.16 feet; of 155.46 feet; of 332.93 feet; of 244.74 feet; of 998.88 feet; of 109.07 feet; Thence leaving said. Colorado River High Water Line South 87°53'17" East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Parcel 1 The SE1/4NE1/4 of Section 18, Township 7 South, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E1/2 NE1/4 being more fully described as follows:. BOOK 769 rAcE 525 Beginning at the Southwest Corner of the E1/2 NE1/4 of said Section 9; Thence North 01°04'15" East 1326.43 feet to the centerline of the existing County.Road; • Thence along said centerline the following courses: South 88°05'38" East 606.75 feet; Thence 173,76 feet along the arc of a curve to the left having a central angle of 36°50'00", a. radius of 270.29 feet and a chord that bears North 73°13'49" East 170.52 feet;. Thence North 54°33'16" East 112.11 feet; Thence 266.93 feet along the arc of a curve to the right having a central angle of 79°30'00", a radius of 192.38 feet and a chord that bears South 79°26'03" East 222.24 feet; Thence South 54°46119" East 238.44 feet; Thence leaving said road centerline South 01°00'49" West 1284.83 feet, along the East line of said E1/2 NE1/4 to the Southeast Corner of said E1/2 NE1/4; Thence North 88°05'03" West 1277.04 feet along the South line of said E1/2 NE1/4 to the point of beginning. Excepted Parcel 3 All that part of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado,lying and being South and West ofthe right-of- way for County Road No. 305 as now constructed, as conveyed to Clara E. Mahaffey by deed dated November 10, 1941 and recorded as Reception No. 146955.. Excepted Parcel 4 A parcel of land beginning at the. Northwest. corner of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M.; thence South 02°36 1/2' West 586.9 feet; thence South 75°07' East 196 feet; • thence South 65°03' East 92.8 feet; thence North 65°50' East 12.2 feet; thence North 85°44' West 201 feet; thence North 02°36 1/2' East 650 feet; thence North 85°44West 489.4 feet to the point of beginning. Excepted Parcel 5 A parcel of land conveyed to the Grand Valley Cemetery District located in Section 17, Township 7 South, Range 95 BOOK 769 e$GE 526 West of the 6th P.M., Garfield County, Colorado according to the Plat recorded January 29, 1985 as Reception No. 368453. Excepted Parcel 6 All land conveyed to Fred G. Gardner and Henrietta Gardner by deed dated June 8, 1957 and recorded as Reception No. 198028, conveyed to Ruth I. White by deed dated. ovember 7, 1958 and recorded as ReceptionNo. 203414 and by deed dated May 14, 1981 and recorded as Reception No. 315095 conveyed to Cecil A. Gardner and Ruth L. Gardner. Together with a parcel of land located in Section 18, Township 7 South, Range 95 West of the Sixth Principal Meridian and more particularly described as follows: Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the W1/4 Corner of said Section 18 bears North 88°23'00" West 777.00 feet; Thence North 17°37'00" East 180.00 feet; Thence South 88°23'00" East 457.16 feet; Thence South 24°50'39" West 188.29 feet; Thence North 88°23'52" .West 432.52 feet to the point of beginning. Excepted Parcel 7 All land conveyed to the Board of County Commissioners of Garfield County by the following deeds: Recording Date Book/Page Reception' No. September 13, 1911 83/520 42609 March 9, 1915 86/341 51360 March 9, 1915 86/344 51363 March 9, 1915 86/345 .51364 March 9, 1915 86/343 51362 March 9,. 1915 86/340 51359 August 9, 1950 252/17 173062 August 9, 1950 252/18 173063 August 9, 1950 256/16 '173061 December 3, 1907 67/514 -34352 January 5, 1905 62/77 30258 March 9, 1915 86/342 51361 BOOOX 769 pAGE527 Excepted Parcel 8 All land conveyed to Public Service Corporation by the following deeds: Recording Date Book/Page Reception No. September 11, 1909 79/146 May 25, 1961 334/242 re-recorded June 6, 1961 334/324 Excepted Parcel 9 37734 213846 213952 That portion conveyed to The Mountain States Telephone and Telegraph Company by document recorded June 7, 1981 in Book 576 at Page 230 as Reception No. 316688. Excepted Parcel 10 That portion conveyed to Storer Cable T.V. Inc. by document recorded September 11, 1981 in Book 581 at Page 120 as Reception No. 319076. Excepted Parcel 11 That portion conveyed to Eaton Investment Company by document recorded April 15, 1982 in Book 597 at Page 229 as Reception No. 326735. Excepted Parcel 12 All those portions lying Northerly of the Southerly bank and Westerly of the Easterly bank of the Colorado River. Excepted Parcel 13 50% interest conveyed to Richard A. Stanger, Delbert E. Dawson, Stephen M. Virden, Robert A. Foster and William W. Wilde, by document recorded February 22, 1988 in Book 729 at Page 231 as Reception No. 389775. Excepted -Parcel 14 That portion conveyed to the Garfield County Colorado School District 16 Building Corporation by document recorded September 17, 1985 in Book 675 at Page 572- as Reception No. 365005 and platted as L.W. St. John Middle School, Plat recorded December. 5,- 1983 as.Reception No. 347912. 13uoK 769 ?E528 Excepted Parcel 15 That portion conveyed to the Battlement Mesa Service Association by document recorded September 23, 1982 in Book 608 at Page 648 as Reception No. 332739. Excepted Parcel 16 60% interest conveyed to Richard A. Stonger, Richard L. Witt, Robert A. Foster and William W. Wilde, by document recorded March 11, 1987 in Book 707 at Page 44 as Reception No. 379728. Excepted Parcel 17 All property contained within Town Center Filing No. 4, according to the Plat thereof, recorded October 8, 1986, as Document No. 375171. Excepted Parcel 18 The following property contained within Monument Creek Village, Section One, according to the Plat thereof, recorded August 11, 1981 as Document No. 318004: All of Block 1, All of Block 2, Lot 1, Block 3, Lots 5, 13 and 25, Block 5, Lots 1, 4, 5 and 7, Block 6, Lots 1 through 4, Block 7, Lots 1, 4 and 5, Block 8, Lots 5, 8, 9 10, 17, 19 and 21, Block 9, All of Block 13, Lots 1, 2, 3 and 4 through 14, Block 14, • Lots 1 through 3, 5, 7, 9, 11, 17, 18, 21, 23 through 26 and 29, Biock 15, Lots 1, 3 through 9, 13 through 17, and 19 through 25, Block 16, Lots 1 and 4 through 8, Block 17, Lots 2 through 9, Block 18, and All of Block 19 Excepted Parcel 19 The following property contained within Willow Creek Village, Section One, according to the Plat thereof, recorded November 9, 1981 as Document No. 321237: t300K 769 r4GE529 Lot 4, Block 1, Lots 1 and 8 through 10, Block 2, Lots 1, 2 and 8, Block 3, and Lots 5 through 9, Block•4 Excepted Parcel 20 Lot 22, Block 2 and Lots 17 through 19 and Lot 27, Block 4, Battlement Creek Village, Section One, according to the Plat thereof, recorded November 16, 1981 as Document No. 321539. Excepted Parcel 21 Lot 1, B:iock 1, River Bluff Filing 9, according to the Plat thereof, recorded July 18, 1983, as Document No. 344072 and the Replat, recorded May 7, 1984 as Document No. 352082. Excepted Parcel 22 Lot 1, Block 1, Jack's Pocket Village Filing 4, according to the Plat thereof, recorded July 22, 1983, as Document No. 344066. Excepted Parcel 23 Lots 13 and 16, Block 18, Saddleback Village Filing No. 1, according to the Plat thereof, recorded July 19, 1988 as Document No. 393852. Excepted Parcel 24 Lots 4, 5, 6 and 7 Mesa Ridge Phase 1 according to the Plat thereof recorded September 12, 1988 as Document No. 395200. Excepted Parcel 25 Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1, according to the Plat thereof, recorded under Reception No. 371428. Excepted Parcel 26 Lot 1, Block 1, River Bluff Filing No. 2, according to the Plat thereof, recorded under Reception No. 344067. BOOK 769 r ck 53O Excepted Parcel 27 Lot 1, Block 1, River Bluff Filing No. 3, according to the Plat thereof, recorded under Reception No. 344068 Excepted Parcel 28 Lot 1, Block 1, River Bluff Filing No. 4, according to the Plat thereof, •recorded under Reception No. 344069. Excepted Parcel 29 Lot 1, Block 1, River Bluff Filing No. 5, according to the Plat thereof, recorded under Reception No. 352323. Excepted Parcel 30 Lot 1, Block 1, Jack's Pocket Village Filing No. 2, according to the Plat thereof, recorded under Reception No. 344064. Excepted Parcel 31 Lot 1, Block 1, Jack's Pocket Village Filing No. 3, according to the Plat thereof, recorded -.under Reception No. 344065. Excepted Parcel 32 Lot 1, Block 1, The Highlands Filing No. 1, according to the Plat thereof, recorded under Reception No. 344062. Excepted Parcel 33 Lot 1, Block 1, Tamarisk Lift Station, according to the Plat thereof, recorded under Reception No. 363320. A-12 mead/ab6 BOOK 769 PAGE53i. EXHIBIT B (Attached to and made a part of Special Warranty Deed dated as of December 'Aa, 1989, executed by Battlement Mesa, Inc.) MATTERS TO WHICH TITLE IS SUBJECT 1. Taxes for the year of 1989 not yet due and payable. 2. The effect of inclusion into the following taxing authority districts: School District 16, WEst Divide Water, Grand River Hospital, Grand Valley Fire, Colorado River Conservation, Grand Valley"Cemetery, Colorado Mountain College, Parachute/Battlement Mesa Park and Recreation District, Battlement Mesa Water and Sanitation, Saddleback Metropolitan District, Battlement Mesa Metropolitan District, Garfield County. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: RECORDED September 26, 1900 April 1, 1914 September 18, 1906 August 22, 1899 September 19, 1908 August 23, 1902 June 9, 1913 November 3, 1697 May 19, 1919 May 5, 1911 June 6, 1893 January 2, 1896 February 17, 1923 October 1, 1910 December 26, 1912 BOOR/PAGE 12/541 71/600 REC. NO. 22987 49239 56/559 32387 12/523 21948 73/10 35783 56/461 26945 73/65 47124 12/466 20441 73/109 66522 71/475 41850 12/236 16020 18951 81888 71/438 40359 71/583 45941 '12/391 73/140 B-1 LAND AFFECTED NE34SE34 Section SE34SE3ffi Section NE34NE34 Section SW34SE34 Section NW34NE34 Section Lot 8, SE34SW3t, Section 5 Lot 11 Section 5 and N1NW34 Section 8 SE3NE4 , NE34NE34 Sec. 7 SE3KNW34 Section 8 Lot 11, Section 6 NE3SE34 Section 8 NW34SW34 Section 9 Lot 7, NE34SE3( Sec. 7 NW34SW34 Section 8 N:SNW34 , NW34NE34 Section 17 NE34NE3 Section 18 NW34SE3, SE1/2SW4 Section 8 SE3SE3 Section 7 SW34SW34 Section 8 NE34SW34, SW34SE34 Section 8 SW34SW34 Section 16 5 5 5 5 8 NW34SE3c February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 May 28, 1898 March 2, 1897 May 28, 1928 May 11, 1894 November 11, 1893 12/296 71/441 56/462 16909 40540 27079 12/468 20535 71/612 60295 56/495 29234 12/488 21006 12/452 19953 73/114 71310 12/319 17275 12/254 16517 BOOK 769 PwcE53. +[, N§SC t i on 17 NIINLSW' ection 17 SW3�NE3; . SEWK4, , SWWW Section 17 Lot 10, SE3jSW3K, NWW4 SW3(SE4 Section 7 NW4NE1/2 Section 18 E3NW3r , NE3zSWN Section 18 SW3KNE3, N1/2SE34 Section 18 SWkSWb Section 17 SNISE3, SE4SW1/2 Section 18 Lots 1 & 2 Section 19 E3NE4 Section E3�NW3z , E IINE3i Section 19 Lot 1, SW NE3 Section 24 Lot 4 & 5 Section 18 Lots 6, 7 & 14 Section 13 Lots 5, 8 & 9 Section 13 4. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents reco+;ded as follows: RECORDED BOOK/PAGE REC. NO. September 26, 1900 12/541 22.987 September 18, 1906 56/599 32387 August 22, 1899 September 19, 1908 August 23, 1902 June 9, 1913 June 15, 1954 September 21, June 23, 1913 May 24, 1911 May 2, 1911 1946 March 19, 1954 November 3, 1897 May 19, 1919 June 22, 1914 June 18, 1920 May 5, 1911 12/523 73/10 56/461 73/65 277/78 218/348 92/264 71/477 21948 35783 26945 47124 186136. 158528 47238 41956 71/474 41287 275/519 12/466 73/109 52/332 112/525 71/475 B-2 165342 20441 66522 49730 71552 41850 LAND AFFECTED NE3<SE3 Section 5 SW34SE4 Section 5 NVNNE3 Section 8 Lot 8, 5E3(SW4, NW3KSE3 Section 5 Lot 11 Section 5 N3fNW3 Section 8 SE:,4NE1/2, NE4NE3 Section 7 SW3iSW3t, SE3<NW4 Section 8 Lot 11 Section 6 Lot 9 Section 5 Lot 1 Section 7 S1/2NE3( Section 8 SENW , 5 NE' Section 9 N33SE3 Section 9 NW3SWk, SW3KNW4 Section 10 NE48W3< Section 9 NE3KSE3q Section 8 NW3OW4 Section 9 SEkNE3 Section 9 NE3NE3 Section 9 Lot 7, NE3'iSE1/2 Section 7 June 6, 1893 January 2, 1896 February 17, 1923 October 1, 1910 December 26, 1912 12/236 12/391 73/140 71/438 71/583 February 14, 1894 12/296 November 1, 1910 71/441 October 6, 1902 56/462 December 11, 1897 January 15, 1918 March 21, 1904 March 2, 1897 May 28, 1928 May'll, 1894 November 11, 1893 December 3, 1980 5. Statements and Maps DITCH Milburn and Hewitt Hewitt and Milburn Revell Spring and Waste Water Huntley and Albright Sawin'Enlargement of Huntley Wandering Jew Wandering Jew BOOK 769 PM3E 533 NW3 SWz Section 8 16020 N3N144, 'NW3NE Section 17 NEWE4 Section 18 18951 NW1/2SE3, SE3SW3d Section 8 81888 SEWE34 Section 7 SW3gSWIf Section 8 40359 NE3$SW4, SW1/2SE4 Section 8 45941 SW34SW3s Section 16 E3 SE31, NW1/2SE311 Section 17 16909 NEWW3 , E1/2SW1/2SE3't N3gNW3KSW3i Section 17 40540 SW3sNE1/2, SEWN, SW3gNW34 Section 17 27079 Lot 10, SE3rSW3, NE3NSW3< SW3liSE3( Section 7 NW4NE3 Section 18 E3NNW3, NEWW34 Section 18 SW3YNE 1 Section 18 SW3 SW1% Section 17 S3SE4, SE SW3g Section 18 E3NW1/2, W lE31 Section 19 Lot 1, SW3NE1/2 Section 24 Lot 4 & 5 Section 18 Lots 6,7 & 14 Section 13 Lots 5,8 & 9 Section 13 Lot 10 Section 5 12/468 20535 71/612 60295 561495 29234 12/452 19953 73/114 71310 12/319 17275 12/254 16517 561/155 309936 for ditches detailed as follows: FILING DATE REC. NO. LAND AFFECTED April 2, 1887 4021 ,NWWW? Section 8 August 8, 1887 4988 NWjNW1/2 Section 8 September 1, 1897 20314 June 29, 1885 1631 March 27, 1893 June 3, 1910 15514 39613 NW4NTrag Section 8 NW3NW1/2 Section 8 N Th NW4 Section 8 S3 SW3 Section 5 Ditch Enlargement February 23, 1911 41358 Huntley August 6, 1887 4967 Huntley Enlargement June 15, 1888 7113 Spencer Ditch April 23, 1900 22625 R. F. Ditch November 30, 1886 3390 Ward Extension May 12, 1888 6953 Werhonig November 23, 1895 18850 Eaton Springs Ditch, O'Toole, Marrow, Dobey, Shutt, Musconetcong, Studt #2 and Ditch No. 1 as shown on ditch map by Wright Water B-3 BO0X 769 nEE: X34 Engineers prepared March, 1977. 6. Right of way for ditch as granted to Mary B. Bailey and Beatrice Bailey by document recorded July 9, 1947 in Book 223 at page 106 as Reception No. 161611. (SEWW4, S3SW4NE3t Section 17) 7. Easements and rights of way as granted to Western Slope Gas Company by the following documents: RECORDING DATE • BOOK/PAGE REC. NO. LAND AFFEC'1'tiU July 5, 1962 342/567 218055 SW1/2SW3 Section 16 August 2, 1962 343/353 218373 SE( Section 17 8. Easement for a gas pipeline as granted to Public Service Company of Colorado by Charles Haberman and Marcia Lee Haberman along the County Road to the Southerly line of property owned by Mary Williams described in Book 317 at page 297, as Reception No. 205421, recorded September 5, 1963 in Book 352 at page 493 as Reception No. 222678. (Lot 7, Section 7) 9 Easement for a pipeline to transport oil and gas as granted to Western Slope Gas Company by Charles Haberman and Marcia Lee Haberman along the County Road recorded November 29, 1962 in Book 345 at page 494 as Reception No. 219574. (Lot 7, Section 7) 10. Any portion of subject property lying within Lot 12 John Horbetz property according to the plat thereof recorded May 5, 1947, as Reception No. 160820. (Lot 7, Section 7) 11. Right to operate and maintain a pipeline or open ditch from a spring located in said Lot 7 onto lands in Lot 6 with right of entry and egress on and across subject property for the maintenance of said pipeline and ditch as excepted and reserved in Deed recorded July 26, 1946 in Book 218 at page 280 as Reception No. 158075. 12. Rights of way for the Eaton Pipelines as set forth in instrument filed March 7, 1961 as Document No. 212993, as amended by Document No. 212994 and as set forth in Decree's recorded October 4, 1966 in Book 379 at page 281 as Reception No. 236103 and in Book 379 at page 282 as Reception No. 236104. (Lot 10 and SWVEli of Section 7 and NE34NW1/2 and NW4NE3 of Section 18) 13. Battlement Mesa Pumping Plant, Pipeline and Ditches filed February 23, 1962 as Document No. 216670 and as shown on Map J-66 in the office of the Clerk and Recorder of Garfield County. (NW3*NE3( and E3 NW3i of Section 18) 6-4 BuoK 769 FMME53 5 14. Easements and rights of way as granted to Public Service Company of Colorado by the following documents: RECORDED BOOK/PAGE RECEPTION NO. April 21, 1960 325/344 209185 October 20, 1960 330/354 211380 April 21, 1960 325/246 , 209187 November 2, 1960 330/515 211604 15. Easement and right of way for pipeline purposes as conveyed by Ada M. Alderson in deed to Western Slope Gas Company recorded April 2, 1963 in Book 348 at page 191 as Reception No. 220917, in which the specific location of the easement is not defined, 16. Right of way easement being 15 feet in width as granted to Holy Cross Electric Association, Inc., by James H. Smith, Jr. in document recorded October 19, 1971 in Book 423 at page 521 as Reception No. 251434, in which the specific location is not defined. 17. Right of way as reserved by The Town of Grand Valley in document recorded September 18, 1911 in Book 83 at page 516 as Reception No. 42601 which reads as follows: "The party,of the first part hereby reserving a good and sufficient right of way to the so-called upper springs for a pipeline and all other rights of way and reservoir sites which may at any time become necessary for the proper enlargementor improvement of the water works system which now supplies the said Town of Grand Valley with water for fire and domestic purposes. And the Agreement between Rea L. Eaton and The Town of Grand Valley recorded May 11, 1961 in Book 334 at page 79 as Reception. No. 213715. (All lands in Section 5) 18. Right of way easement as granted to Western Slope Gas Company by James H. Smith, Jr. by document recorded July 5, 1962 in Book 342 at page 565 as Reception No. 218053. (NW1/2SW1/2 Section, 10, SWE4, 5E45E4 Section 9) 19. Right of way easement as granted.to Holy Cross Electric Association, Inc., by James H. Smith, Jr. by document recorded September 17, 1974 in Book 464 at page 498 as Reception No. 264797 in which specific location is not defined. 20. Terms, easements and restrictions as shown or. noted an the plat of Orchard Place as contained in the Statement thereon recorded . March 24, 1911 as Reception No. 41574. (E1 SW3g, WI SE3F Section 8) B-5 BWJX 769 ncE53S 21. License Agreement between Battlement Mesa Inc., Tosco Communities Corporation and Storer Cable T.V. recorded November 16, 1981 in Book 586 at page 211 as Reception No. 321538. 22. Declaration of easements by Batlement Mesa, DATE RECORDED BOOK/PAGE REC. NO. June 3, 1985 669/648 362160 June 3, 1985 669/653 362161 June 3, 1985 669/659 362162 June 3, 1985 669/665 362163 June 3, 1985 669/672 362164 June 3, 1985 669/677 362155 June 3, 1985 669/682 362166 June 3, 1985 669/687 362167 June 3, 1985 669/692 362168 June 3, 1985 669/699 362169 June 3, 1985 669/705 362170 June 3, 1985 669/711 362173. June 3, 1985 669/716 362172 June 3, 1985 669/723 362173 June 3, 1985 669/728 362174 June 3, 1985 669/733 362175 June 3, 1985 669/740 362176 June 3, 1985 669/747 362177 June 3, 1985 669/752 362178 June 3, 1985 669/757 362179 June 3, 1985 669/762 362180 June 3, 1985 669/767 362181. June 3, 1985 669/772 362182 June 3, 1985 669/777 362183 June 3, 1985 669/783 362184 June 3, 1985 669/788 362185 June 3, 1985 669/793 362186 June 26, 1985 671/267 362837 November 26, 1985 679/550 ' 366906 April 10, 1986 686/444 370148 December 28, 1987 726/B57 388564 October 5, 1988 742/180 395840 June 9, 1989 755/896 402239 B-6 Inc. as set out below: LAND AFFECTED SE. Section 18 W3 Section 17 Eh Section 18 NWh Section 19 NES Section 18 Nag Section 18 SE's Section 18 NE3SWh, NWhSE3 Section 7 NW3s Section 17 NWh Section 17 NW3` Section 17 NE3%SE3 Section 8 S3SE?j Section 7 NW34 Section 18 NE3SE3 Section 8 SE3 Section 1e N34NWh Section 19 SWhSWh Section 18 NEh Section 18 SE3 Section 7 EN' Section 19 SW3* Section 18 SW4 Section 8 NWh Section 8 S1/2 Section 18 N# Section 19 Pt. Sections 17, 16, 19 and 24 NE3i Section 18 NLN Section 17 NE3 Section 18 NLN Section 17 NE3s Section 24 NE3SEh Section 7 SE'h Section 18 NE3 Section 7 SE3 Section 6 SEhNN Section 17 NE3 Section 7 SE3 Section 6 April 10, 1986 May 23, 1988 November 3, 1989 686/439 734/788 766/297 23.Deeds of Dedication for NAME County Road No. 307 (River Bluff Road) Morrisania Road Battlement Parkway 370147 392256 407082 the following: RECORDED January 10, January 10, January 10, 1989 1989 1989 BOOL( 769 PbcE5,137 SEN Section 17 NEN Section 17 SW3 Section 17 BOOK/PAGE REC.NO. 747/177 747/178 747/179 398266 398267 398268 24.Declaration of License for utilities recorded April 21, 1988 in Book 732 at page 889 as Reception No. 391391. 25. Underground electrical easements being 10 feet in width as granted to Holy Cross Electric Association by the following documents: RECORDING DATE BOOK/PAGE REC. NO. LAND AFFECTED April 22, 1982 597/878 327005 NW3 Section 17 April 22, 1982 597/879 327006 NWN Section 17 May 3, 1982 598/482 327354 Lot 1, Block 1, Town June 3, 1985 July 1, 1953 669/798 362187 629/939 343523 Center Phase One SW3ySEN Section 7 N3NEN Section 18 NWNNWN Section 17 Willow Creek Village No.2 26. Pipeline easement being 35 feet in width as granted to Northwest Pipeline Corporation by document recorded September 23, 1982 in Book 608 at page 664 as Reception No. 332747. (Di Section 9) 27. Gas System Utility easements being 10 feet in width as granted to Public Service Company of Colorado by documents recorded April 7, 1983 in Book 624 at page 496 as Reception No. 340721, (Block 2, Willow Creek Village No. 2); and recorded April 7, 1983 in Book 624 at page 496 as Reception No. 340722, (Block 1, Willow Creek Village No. 2). 28. Open End Leasehold Mortgage between City Market, Inc. a Colorado Corporation and Citibank, N.A. recorded October 28, 1988 in .Book 743 at page 489 as Reception No. 396437. Applies to leasehold interest only. 29. Terms and conditions of the'County Subdivision Resolutions as set out below: SUBDIVISION NAME RESOLUTION NO. REC. NO. River Bluff Filing No. 1 84-102 352892 B-7 30. NH 769 PAGE533 River Bluff Filing No. 6 83-75 339454 River Bluff Filing No. 8 83-76 339455 River Bluff Filing No, 9 83-77 339456 Jacks Pocket Village Filing No. 1 83-78 339457 Jacks Pocket Village Filing No. 5 88-019 389881 Battlement Cemetery 84-103 352893 Battlement Mesa P.U.D. 82-121 333476 Subdivision Improvement Agreement between Battlement Mesa Inc. and Garfield County, et al, pertaining to Mesa Ridge (Phase I) recorded September 13, 1988 in Book 741 at Page 69 as Reception No. 395254. 31. All easements, rights of way, roads, streets, drives, places, boulevards, and restrictions as set forthon the Plats of the following subdivisions: Monument Creek Village Section One 318004 Monument Creek Village Section Two 319920 Monument Creek Village Filing No. 4 368452 Willow Creek Village Section One 321237 Willow Creek Village Section Two 322310 Battlement Creek Village Section One 321539 Battlement Creek Village Section Two 326397 Tamarisk Subdivision Filing No. 1 316729 Tamarisk Subdivision Filing No. 2 323297 Town Center Filing No. 1 321536 Town Center Filing No. 2 375169 Town Center Filing No. 3 375170 River Bluff Filing No. 1 371428 River Bluff Filing No. 6 344070 River Bluff Filing No. 8 344071 River Bluff Filing No. 9 344072 and Replat 352082 Jacks Pocket Village Filing No. 1 344063 Jacks.Pocket Village Filing No. 2 344064 Jacks Pocket Village Filing No. 3 344065 Jacks Pocket Village Filing No. 5 389773 Saddleback Village No. 1 393852 Burning Rock Subdivision 371427 Mesa Ridge Phase I 395200 32. All Restrictions, Covenants, Conditions and. Declarations of the Subdivisions set forth an Schedule A hereof, as follows: SUBDIVISION NAME BOOKIPAGE REC. NO. Battlement Creek Village Section 1" 586/188 321535 Battlement Creek Village Section 1 596/537 326396 Battlement Creek Village Section 2 and Battlement Creek Village Section 1 747/355 398324 Town Center Filing No. 1 • 587/731 322311 8--8 33. Willow Creek Village Section 2 Willow Creek Village Section 2 Willow Creek Village Section 1 Willow Creek Village Section 1 Atanument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 1 Monument Creek Village Section 2 Monument Creek Village Section 2 Saddleback Village Filing No. 1 Mesa Ridge Organization of the following districts: NAME OF DISTRICT Battlement Mesa Mater and Sanitation Parachute/Battlement Mesa Park & Recreation Battlement. Mesa Metropolitan Saddleback Metropolitan BOOK 769 F CE539 588/186 747/340 585/532 747/348 578/951 583/456 597/49 597/423 650/819 582/721 597/416 747/292 757/504 322531 398322 321236 398323 318005 320285 326822 326824 352845 319919 326823 398321 403093 RECEPTION NO. 325891 336199 & 348440 375738 389195 34. All uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authoried agents or repre- sentatives at any time to enter upon the land and prospect for,mine and remove the same, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755) as reserved in the Patent recorded June 15, 1954 in Book 277 at page 78 as Reception No. 186136. 35. An undivided one-half interest in and to all of the oil, gas and other minerals and mineral rights as reserved to Hallie Parkhurst in Warranty Deed recorded July 27, 1957 in Book 302 at page 200 as Reception No. 198564, and Deed recorded September. 14, 1950 'in Book 252 at page 492 as Reception No. 173469 and as vested in Madeline M. Parkhurst by Last Ni11 and Testament of Hallie Parkhurst recorded August 1960 in Book 329 at page 411 as Reception No. 210287, and any all assignments thereof or interests therein. (Said interest and actually. being an undivided 25%; see below: An undivided 355/710 landowners royalty interest in and to all of the oil, gas and other minerals in and under and that may be pro- duced, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of the Grantee's property and improvements as conveyed from Hallie Parkhurst, Grantor, to Joe T. Juhan, Grantee in Mineral Deed recorded October 13, 1943 in Book 208 at page 440 as Reception No. 150104. NO'T'E: At the Effective Bate hereof the above cited 355/710 4-I Landowners Royalty Interest appears to be vested as follows: OWNER INTEREST VESTINGm2DGCINENW B-9 BOOS( 769 PAcE a4O -Rpy Royalty, Inc. 25/710 236977 J. E. Sayre 1/16 151735 Dema E. Smith 150/710 210452 George Bakke 80/710 151424 171257 Barbara Jean Hunter, Edward N. Juhan and Joe P. Juhan Balance remaining 311850 36. An undivided one-half interest of all the oil and mineral rights as reserved to The Colorado National Bank of Denver as Executor and Trustee under the Last Will and Testament of George H. Curfman in Deed recorded September 26, 1950 in Book 254 at page 143 as Reception No. 173627 37. An undivided one-half interest of all oil and mineral rights as reserved to Elsie D. Curfman, her heirs and assigns in Warranty Deed recorded September 26, 1950 in Book 254 at page 142 as Reception No. 173626 38. Reservation of oil-, gas and other minerals in, under or that may be produced from subject property, as reserved to Exxon Corporation, a New Jersey Corporation in Special Warranty Deed recorded April 9, 1981 in Book 569 at page 301 as Reception No. 313722. 39. Reservation of Minerals and mineral rights in and under subject property together with the right and privilege of mining and/or removing the same insofar as such can be removed without materially impairing the subsurface or lateral support of said land as reserved by Tosco Corporation, a Nevada Corporation in Special Warranty Deed recorded September 14, 1981 in Book 581 at page 255 as Reception No. 319155. . 40. An undivided 49% interest in all oil, gas and other minerals as conveyed to Ralph H. Raymond'by Hallie Parkhurst by deed recorded in Book 227 at page 301 as Reception No. -161720. 41. Undivided one-half interest iri al)L. oil;' gas and other minerals as reserved by Fred Werhonig by deed recorded June 7., 1948 in Book 236 at page 184 as Reception No. 164984. 42. Undivided one-half interest in all oil, gas and other minerals as reserved by H. J. Underwood by deed recorded in Book 260 at page 490 as Reception No. 177472. 43. Undivided one-fourth interest in all oil, gas and other minerals as reserved by James H. Smith, Jr, by deeds recorded September 3, 1974 in Book 464 at page 176 as Reception No. 264618 and recorded January 6.10 BOOK 769 fAcE54.i_ 30, 1980 in book 543 at page 103 as Reception No. 301315. 44. Undivided 1/2 interest in all oil, gas and other minerals as reserved by J. E. Sipprelle by deed recorded February 17, 1941 in Book 204 at page 297 as Reception No. 151035: 45. Undivided one half interest in all oil, gas and. other minerals as reserved by Edward A. Collier in warranty deed recorded January 30, 1958 in Book 306 at page 458 as Reception No. 200484. 46. Undivided 50 per cent of all oil, gas and other minerals as reserved by Clara E. Mahaffey by document recorded October 28, 1943 in. Book 207 at page 607 as Reception No. 150200. • 47. Undivided one half interest in all oil, gas and other minerals as reserved by Fred Gardner and Henrietta Gardner by document recorded July 12, 1957 in Book .301 at page 210 as Reception No. 198055. 48. Undivided one half interest in all oil, gas and other mineral rights as reserved by Mary B. Bailey in the deed to Earl C. Moore and Audrey S. Moore recorded July 9, 1947 in Book 227 at page 283 as Reception No. 161612. By the terms of the Will of Mary B. Bailey recorded September 5, 1978 in Book 515 at page 35 as Reception No. 288193, Roy Jensen was the named devisee of all mineral rights of the testatrix. 49. Undivided one fourth interest in all oil, gas and other mineral rights as conveyed by Rae L. Eaton to Earl C. Moore and Audrey S. Moore in deed recorded June 29, 1955 in Book 285 at page 358 as Reception No. 190320 . 50. All minerals underlying -subject property now owned as'foll.ows: (Lot 7, Section 7.) a. Exxon Corporation as to an'.undivided 30.60 per cent interest. b. Tosco Corporation' as to an undivided 20.40 per cent interest. c. Eva M.Mahaffey and Irene P. Mahaffey as to an undivided 49 per cent interest. NOTE:. By Deed from Forrest C. Mahaffey, executor of the Estate of Clara E. Mahaffey, deceased to Charles E. Haberman, recorded February.14, 1961 in Book 332 at page 318 as Reception No. 212759 the grantee was conveyed an undivided 51 per cent of • all minerals underlying subject property. The'51 per cent of all minerals conveyed to Charles E. Haberman became vested in Exxon Corporation and Tosco Corporation by deed from Atlantic Richfield Company recorded August 1, 1980 in Book 553 at page 55 as Reception No. 306157. Forrest C. Mahaffey, Executor of the Estate of Clara E. Mahaffey deceased, conveyed an undivided 49 per cent interest in all minerals underlying subject property to Eva M. Mahaffey and 8-11 BOOK 769 PAcE542 Irene.P. Mahaffey by deed recorded March 16., 1961 in Book 333 at page 66 as Reception No. 213086. 51. Undivided one half interest 7.n all oil, gas and other minerals as reserved by Carl Davidson by document recorded June 12, 1957 in Book 301 at page 212 as Reception No. 198056 52. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Kansas. in the deed to Clyde M. Morrow and Mary Belle Morrow recorded in Book 213 at page 269 as Reception No. 153033, and any and all assignments thereof, or interests therein. 53. An undivided. 1/32 royalty in all the oil, gas and minerals produced from subject property, said royalty to be delivered free from all costs of production as reserved in the deed from Julia V. Morrow and Ruth V. Eeithley to John W. Savage recorded November 10, 1961 in Book 327 at page 480 as Reception No. 215643. 54. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Wichita, Kansas in the deed to R. 0. Gardner recorded September 9, 1940 in Book 195 at page 583 as Reception No. 140910. 55. Undivided one fourth interest in all'oil, gas and other mineral rights as reserved by Ada M. Alderson in the deed to Rea L. Eaton recorded July 9, 1962, in Book 343 at page 1 as Reception No. 218090. 56. Undivided one fourth interest -in all oil, gas and other mineral rights as reserved by Madolin F. Christensen as administratrix of the Estate of Ada M. Alderson, deceased in the deed to Battlement Land Company recorded November 22,1965 in Book,371 at page 229 as Reception No. 232392. 57. Undivided one fourth interest in all oil, gas and other minerals as reserved by Carl D. Tucker and Kathryn M. Tucker by document recorded August 31, 1961 in Book 336 at page 272 as Reception No. 214935. 58. Undivided' one fourth interest in all oil, gas and other minerals as conveyed to Wm. Ath Mason and Nata J. Mason by document recorded August 31, 1961 in Book 336 at page 287 as Reception No. 214948. 59. Undivided 1/16 non participating royalty interest as conveyed to Nellie G..Hayward and 21.25% interest as conveyed to Skyline Oil Company by document recorded March 26, 1976 in Book 483 at page 772 as Reception No. 271885. 60. Undivided•21.25 per cent of all Oil, gas and other minerals as erved by Skyline Oil Company by document recorded September 2 p B-12 aaox 769 PM E543 1974 in Book 464 at page 575 as Reception No. 264848. 61. One half of all minerals and mineral rights in, upon, and under subject property for a period of 25 years from and after June 17, 1943 and so long thereafter as oil, gas and/or other minerals or any of them are produced therefrom or the premises are being developed or operated as reserved by the Federal Farm Mortgage Corp., in the Deed to Clyde E. Smith and Effie L. Smith recorded October 27, 1949 in Book 245 at page 462 as Reception No. 170120. NOTE: By Quit Claim Deed recorded October 14, 1947 in Book 304 at page 532 as Reception No. 199315, The Federal Farm Mortgage Corpora- tion conveyed this mineral interest to the United States of America to be administered by the Secretary of the Interior. 62. Undivided one-half interest in all oil, gas and other minerals as reserved by Della Hittle by document recorded December 11, 1956 in Book 246 at gage 471 as Reception No. 196116. 63. Oil and Gas Lease between Madeline M. Parkhurst Miles, formerly known as Madeline M. Parkhurst and as Madeline Parkhurst, and Ralph W. Ball recorded June 7, 1979 in Book 529 at page 528 as Reception No. 294753 and assigned by Document Nos. 378234 and 379354. Affidavit of Pro- duction recorded as Reception No. -346460. 64. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and North- west Exploration Company recorded January 29, 1981 in Book 564 at page 450 as Reception No. 311481 and amended by document recorded May 1, 1981 in Book 570 at page 626 as Reception No. 314396 and assigned by Document Nos. 356227, 384615 and 387845. 65. Oil and Gas Lease between William E. Bakker and Julia A. Bakker and Northwest Exploration Company recorded January 29, 1981 in Bock 564 at page 453 as Reception No. 311482 and amended by document recorded May 1, 1981 in Book 570 at page 634 as Reception No,. 314398, corrected by Document No. 36470S and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. 66. Oil and Gas Lease between James H. Smith, Jr. and Northwest Explora- tion Company recorded February 5, 1981 in Book 564 at page 885 as Reception No. 311701 and assigned by Document Nos. 354331, 356227, 376610,378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 67. Oil and Gas Lease between Pearl G. Sayre and Northwest Exploration Company recorded February 17, 1981 in Book 565 at page 547 as Reception No. 312009 and assigned by Document Nos. 354331, 356227, 376610, 384615, and 387845. Affidavit of Production recorded as Reception No. 346460. B-13 BOOK 769 PACE544 68. Oil and Gas Lease between Barbara Jean Juhan Hunter aka Barbara Jean Hunter and Northwest Exploration Company recorded March 26, 1981 in Book 568 at page 192 as Reception No. 313204 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, and 387845. Affi- davit of Production recorded as Reception No, 346460. 69. Oil and Gas Lease between Joseph Paul Juhan aka Joe P. Juhan and Northwest Exploration Company recorded March 26, 1981 in Book 568 at page 195 as Reception No. 313205 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 70. Oil and Gas Lease between Edward Nelson Juhan aka Edward N. Juhan and Northwest Exploration Company recorded March 26, 1981 in Book 568,page 198, Reception No.313206 and assigned by Document Nos.354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346450. 71. Oi1'and Gas Lease between Miki S. Gardner and Northwest Exploration Company recorded February 1, 1982 in Book 591 at page 987 as Reception No. 324280 and assigned by Document Nos. 354331,356227, 378234,376610, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 72. Oil and Gas Lease between Charles M. Sayre and Northwest Explortion Company recorded February 1, 1982 in Book 591 at page 990 as Reception No. 324281 and assigned by Document Nos. 354331, 356227,378234,376610, 379354,. 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 73. Oil and Gas Lease between Vicki Sayre and Ndrthwest Exploration Company recorded February 1, 1982 in Book 591 at page 993 as Reception No. 324282 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 74. Oil and Gas Lease between Jenifer Sayre Hartman and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 441 as Reception No. 325017 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and. 387845. Affidavit of Production recorded as Reception No. 346460. 75. Oil arid Gas Lease between Roy Royalty, Inc.and Northwest Exploration Company recorded March 8, 1982, Book 594, page 149 as Rec.No. 325384 and assigned by Document Nos.354331,356227, 376610, 378234,379354, 384615, and 387845. Affidavit of Production recorded, Rec.No.346460. 76 011 and Gas Lease between Sarah E. Farris formerly known as Sarah B-14 Boo ; 769 nub -45 Werhoni and James M. Farris and Northwest Exploration Company recorde4November 3, 1980 in Book 559 at page 212 as Reception No. 309039 and assigned by Document Nos. 354331, 356227, 379354, 378234, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 77. Oil and Gas Lease between Beatrice L. Underwood and Northwest Exploration Company recorded October 13,.1981 in Book 583 at page 146 as Reception No. 320141 and corrected by Document No. 353852 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 78. Oil and Gas Lease between Nellie L. Hefty and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 148 as Reception No. 320142 and corrected by Document No. 353853 -and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 79. Oil and Gas Lease between Loretta L. Briteman and Leonard Briteman and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 150 as Reception No. 320143 and corrected by Document No. 353854 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 80- Oil and Gas Lease between Myrtle L. Chaffee and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 152 as .Reception No. 320144 and corrected by Document 353855, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Prbduction recorded as Reception No. 346460. 81. Oi1 and Gas Lease between Ida, L. Clark and Floyd L. Clark and North- west Exploration Company recorded October 13, 1981 in Book 583 at page 154 as Reception No. 320145 and corected by Document No. 353856, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 82. O11 and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company recorded November 3,1980 in Book 559 at at page 192 as Reception No.309031 and assigned by Document Nos.354331 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 83. Oil and Gas Lease between Dema E. Smith and Northwest Exploration Company recorded November 3, 1980 in Book 559 at page 195 as Reception No.309032 and assigned by Document Nos.354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-15 Bute '769 rcr.541G 84. Oil and Gas Lease between Kathryn B. Ross and Troy G. Rosa and Northwest Exploration Company recorded November 24, 1980 in Book 560 at page 701 as Reception No. 309718 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 85. Oil and Gas Lease between Gerald M. Quiat, Marshall Quiat and Carole 0. Leight, co -personal representtives of.the Estate of Ether G. Quiat, deceased and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 76 as Reception No. 319060 and assigned by Document Nos. 35433,1, 356227, 376610, 378234, 379354 and 387845. Affidavit of Production recorded as Reception No. 346460. 86. Oil and Gas Lease between Gerald M. Quiat and Roberta N. Quiat and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 78 as Reception No. 319061 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 87. Oil and Gas Tease between Ralph Williams and W. Lee Williams and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 80 as Reception No. 319062 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, 387845. Affidavit of Production recorded as Reception No. 346460. 88. Oil and Gas Lease between E. James Judd and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 82 as Reception No. 319063 and assigned by Document Nos. 356227, 376619, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 89. Oil and Gas Lease between E. Lee Garlett and Rosealice Garlett and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 84 as Reception No. 319064 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 90. Oi1 and Gas Lease between Sheldon Steinhauser and Northwest Explora- tion Company recorded September 11, 1981 in Book 581 at page 86 as Reception No. 319065 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 91. Oil and Gas Lease between elan H. Bucholtz and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 88 as Reception No. 319066 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-16 Bila 769 PMGE517 92. Oil and Gar Lease between James F. Reynolds and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 90 as Reception No. 319067 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 93. Oil and Gas Lease between Myer Freidman and Loraine R. Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 92 as Reception No. 319068 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 94. Oil and Gas Lease between Gerald M. Friedman and JoAnne Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 94 as Reception No. 319069 and assigned. by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 95. Oil and Gas Lease between D. W. Garlet and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 96 as Reception No. 319070 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and•387845. Affidavit of Production recorded as Reception No. 346460. 96. Oil and Gas Lease between McLeed Hittson and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 98 as Reception No. 319071 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 97. Oil and Gas Lease between L. W. Searle and Violet M. Searle and Northwest Exploration Company recorded November 5, 1981 in Book 585 at page 160 as Reception No. 321081 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 98. Oil and Gas Lease between Jack D. Stockton and Emma F. Stockton and Northwest Exploration Company recorded November 16, 1981 in Book 586 at page 142 as Reception No. 321508 and assigned by Document Nos - 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 99. Oil and Gas Lease between H. I. Waldbaum & Sons Investment Company, a Partnership and Northwest Exploration Company recorded December 28, 1981 in Book 589 at page 356 as Reception No. 323028 and assigned by Document Nos. 356227, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-17 1300K .769 PEEE548 100. Oil and Gas Lease between First National Bank of Denver, Co -Trustee with David W. Garlett and Gerald M. Quiat under the Nil]. of Evelyn Q. Garlett and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 461 as Reception No. 325029 and assigned by Document Nos. 356227, 378234, 379354, 384615. and 387845. Affidavit of Production recorded as Reception No. 346460. 101. Oil and Gas Lease between Craig L. Hayward and Cristy A. Koeneke aka Cristy Ann Hayward Koeneke as joint tenants and Northwest Exploration Company recorded Februry 5, 1981 in Book 564 at page 904 as Reception No. 311709 and assigned by Document Nos. 356227, 378234, 379354, 376610,384615 and 387845. Affidavit'of Production recorded as Reception No. 346460. 102. Oil and Gas Lease between Vera Lehow and Northwest Exploration Company recorded February 5, 1931 in Book 564 at pae 911 as Reception No. 311711 and assigned by Document Nos. 356227,. 376610,. 378234, 379354, 384615,and 387845. Affidavit of Production recorded .as Reception No. 346460. 103. Oil and Gas Lease between Vera Lehow and Northwest Exploration Company recorded February 5, 1981 in Book 564 at page 913 as Reception No. 311712 and assigned by Document Nos. 356227, 376610, 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 104.011 and Gas, Lease between Estate of Nellie G. Hayward, Hester Bertroch, Personal Representative and Northwest Exploration Company recorded May 1, 1981 in Book 570 at page 608 as Reception No. 314390 and assigned by Document Nos. 376610, 376234, 379354, 384615 and 387845. Affidavit of Production recorded. as Reception No. 346460. 105.011 and Gas Lease between Ralph H. Raymond and Jean F. Raymond and Northwest Exploration,Company recorded June 5, 1981 in Book 573 at page 537 as Reception No. 315527 and assigned by Document Nos. 354331, 356227, 377610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 106.011 and Gas Lease between The First Church of Christ, Scientist in Boston, Massachusetts, a Massachusetts corporation and Northwest Exploration Company recorded November 2, 1981 in Book 584 at page 766 as Reception No. 320910 and assigned by Document Nos. 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 107. Oil and Gas Lease between Margaret Dunn, Attorney in Fact for Evelyn Davidson and Northwest Exploration Company recorded January 29, 1981 in Book 564.at page 485 as Reception No. 311495 and assigned by Document Nos. 354331, 356227,376610, 384615 and 387845. B-18 BOOK 769 PACE5549 108. Oil and Gas Lease between Helen L. Collier and Barrett Energy Company recorded April 22, 1985 in Book 667 at page 442 as Reception No. 361119 and assigned by Document Nog. 366668, 376609, 384615, and 387845. 109.011 and Gas Lease between Martha Curfman Stojanovich and John Stojanovich and Barrett Energy Company recorded July 14, 1985 in Book 672 at page a22 as Reception No. 363612 and assigned by Document Nos. 370378,. 384615 and 387845. 110.011 and Gas Lease between George H. Curfman, Jr. and Hope Griswold Curfman and. Barrett Energy Company recorded July 24, 1985 in Book 672 at page 825 as Reception No. 363613, re-recorded July 24 in Book 674 at page 977 as Reception No. 364708 and assigned by Document Nos. 370384, 384615 and 387845. Oil and Gas Lease between E. Louise Curfman aka Elsie Louise Curfman and Barrett Energy Company recorded July 24, 1985 in Book 672 at page 828 as Reception No. 363614 and assigned by Document Nos. 366706, 376609, 384615 and 387845. 112. Oil and Gas Lease from Jane Curfman Gwyn and James Gwyn and Barrett AO,torgy Company recorded September 9, 1985 in Book 675 at page 135 as Reception No. 364779 and assigned by Document Nos. 370376, 384615 and 387845. 113. Oil and Gas Lease between Renee Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 143 as Reception No. 364782 and assigned by Document Nos. 370623, 384615 and 387845. 114. Oil and Gas Lease between Nedra C. Gaskill and Franklin P. Gaskill and Barrett Energy Company recorded September 9,-1985 in Book 675 at page' 145 as Reception No. 364783 and assigned 'by Document Nos. 366708, 384615 and 387845. 115. Oil and Gas Lease between Eugene G. Fairfax and Juliana D. Fairfax and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 147 as Reception No. 364784 and assigned by Document Nos. 370620, 384615 and 367845. 116. Oil and Gas Lease between Gary F. Christensen and Nancy A. Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 149 as Reception No. 364785 and assigned by Document Nos. 370622, 384615 and 387845. 11.7. Oil and Gas Lease between Earl C. Moore and Audrey S. Moore and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 157 as Reception No. 364788 assigned by Document No. 366707 which was re-recorded as Document No. 372212 assigned by Document Nos. 384615 and 387845. 8-19 e iOK 769 f AcE55O 118. Oil and.Gas Lease between Irene P. Mahaffey and Garris E. Mahaffey and Barrett Energy Company recorded September 13, 1985 in Book 675 at page 489 as Reception No. 364956 and assigned by Document Nos. 370358, 384615 and 387845. 119. Oil and Gas Lease between Eva M. Mahaffey and Forrest C. Mahaffey and Barrett Energy Company recorded September 19, 1985 in Hook 675 at page 674 as Reception No. 365062 and assigned by Document Nos. 370359, 384615 and 387845. 120. Oil and Gas Lease between Della Kittle Vanbeber and Barrett Energy . Company recorded October 1, 1985 in Book 676 at page 475 as Reception No. 365384 and assigned by Document Nos. 366709, 384615, and 387845. 121. Oil and. Gas Lease between Lois Meyer and Barrett Energy Company recorded November 29, 1985 in Book 679 at page 670 as Reception No. 366958 and assigned by Document Nos. 376609, 384615 and 387845. 122. Oil and Gas Lease between Carl D. Tucker and Kathryn M. Tucker and Barrett Energy Company recorded August 7, 1989 in Book 760 at page 251 as Reception No. 404295. 123..011 and Gas Lease between Nata J. Franklin formerly Nata J. Mason recorded August 7, 1989 in Book 760 at page 253 as Reception No. 404296. 124. Oil and Gas Lease between Farm Credit Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded September 14, 1989 in Book.762 at page 981 as Reception No. 405597. 125. Oil and Gas Lease between The Federal Land Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded August 12, 1987 in Book 718 at page 847 as Reception No. 384900 and assigned by Document No. 388162. 126. A11 oil, gas, minerals, and mineral rights of Garris E. Mahaffey as conveyed to Barbara J. Hoffman et al by document recorded February 28, 1986 in Book 684 at page 480 as Reception No. 369166. (Also attached Document No. 364959) 127. Undivided 40 per cent interest of minerals as conveyed to Exxon Corporation by Tosco Corporation in document recorded June 22, 1982 in Book 601 at page 658 as Reception No. 328724. 128. All of the oil, gas and mineral interests of Diane H. Smith, deceased as conveyed to Saul Braverman et al by document recorded June 16, 1988 in Book 736 at page 143 as Document No. 392965. 129. Any loss or damage sustained as a result of claims arising from strip of land quit claimed by Marie Zediker to Krew Investors by document recorded May 5, 1981 in Book 570 at page 851 as Reception No. 314503. B-20 BOOK 769 P.& E5Si.. 130. 011 and Gas Lease between Roy Royalty, Inc. and Northwest.Exploration recorded December 22, 1980 in Book 562 at page 448 as Reception No. 310542. 131. Terms and conditions of Annexation Agreements recorded April 19, 1982 in Book 597 at page 406 as Reception No. 326821, recorded April 26, 1982 in Book 598 at page 4 as Reception No. 327074 and recorded May 3, 1982 in Book 598 at page 557 as Reception No. 327384. 132. Terms and conditions of Subdivision Improvement Agreement of Battlement Creek Village, Section II recorded April 13, 1982 in Book 597 at page 130 as Reception No. 326685. 133. Oil and Gas Lease between Beulah V. Kosub and Barrett Energy. Company recorded June 1, 1987 in Book 713 at page 93 as Reception No. 38237E and.assigned by Document No. 387376. 134. Oil and Gas Lease between William'I, Parkhurst Barrett Energy Company recorded July 8, 1987 in Book 7.15 -at page 872 as Reception No. 383574 and assigned by Document No. 387377. 135.011 and Gas Lease between Harold Parkhurst, Jr. and Barrett Energy Company recorded July 8, 1987 in Book 715 at page 875 as Reception No. 383575. 136.011 and Gas Lease between John Parkhurst and Barrett Energy Company .recorded July 8, 1987 in Book 715 at page 878 as Reception No. 383576 and assigned by Document No. 387378. 137. Terms and conditions of the unrecorded Lease -Purchase Agreement dated April 30, 1981 between Battlement Mes,•Inc. (Lessor) and Tosco Corportion (Owners) and Garfield County School District 16. (Lessee). 138. Undivided one-half interest in all oil, gas and other hydrocarbons, and minerals as reserved by Clara E. Mahaffey in the Deed to Orville V. Mahaffey recorded August 17, 194E in Book 219 at pge 551 as Reception No. 158254, and any and all assignments thereof or interests therein. 139.Oil and Gas Lease between the United'States of America (Federal Lease #01524) and Joe T. Juhan recorded April 21, 195;5' 4n.Book 283 at page •345 as Reception No. 189331 'andrgne4I byacDoqument No.- 358693. o. - 358693. Affidavit of 'Production recorded.caraoRe.c 1on6 3pf..;: 346460. . • 140. Any and all rights of tenants involved in rented.or leased 'units_ which are not shown of public record B-21 1111 NI 1115V1111,1itiV 111 Receptlona: 74029@ 1213112007 12:01:32 PM Jean Alberia° 1 or 7 Rea Fee:S36.00 Doc Fee:G.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this SI fr. day of December, 2007, between BATTLEMENT MESA PARTNERS LLC, a Colorado limited liability company, (Grantor), and BATTLEMENT MESA LAND INVESTMENTS, LLC, a Colorado limited liability company, whose legal address is 73G Sipprelle Drive, Battlement Mesa, Colorado 81636, (Grantee); WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: See attached Exhibit A SUBJECT TO THE RESERVATION BY GRANTOR of all Grantor's interests in minerals and mineral rights, including oil and gas rights, lying in, on or under said Parcels and water and water rights, ditch and ditch rights associated with or appurtenant to said Parcel. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, except as reserved hereinabove, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises. To HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shal! and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. BATTLEM a Colorado li By Name: Eri e a Title: Authorized Agent S ed li. PARTNERS LLC ty company STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this aid day of December, 2007, by Eric Schmela as Authorized Agent for Battlement Mesa Partners LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: C\o _- 1 t aio 1 Notary Public '1 SALLY GEIB VAGNEUR NOTARY PUBLIC STATE OF COLORADO My earivrisolon Soiree D610112009 1 1111'i11714011(111/2,1,1'4 11 111 Reception#: 740298 12/31/2007 12:01:32 PM Jean Riberica 2 of 7 Rec Fae:$36.00 Doc Fee:0.00 GARFIELD COUNTY CQ EXHIBIT A A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North Battlement Parkway as recorded under Reception Numbers 398268, whence the Northeast Corner of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 114" Aluminum Cap at the East 1/4 Corner of said Section 8; thence along said Southerly Right of Way the following three (3) courses: N77°24'14"W a distance of 104.74 feet; thence 354.34 feet along the arc of a curve to the left, having a radius of 1859.86 feet, a central angle of 10°54'57" and subtending a chord bearing of N82°51'42"W a distance of 353.80 feet; thence N88° 19'11"W a distance of 1641.56 feet to the Northeast corner of Lot 4, Block 2 Burning Rock Subdivision as recorded under Reception No. 371427; thence along the Easterly boundary line of said Lot the following two (2) courses: S00°24'07"W a distance of 614.28 feet; thence 552°46'13"E a distance of 113.13 feet to a point on the Northerly line of a 20 foot Utility Easement No. 34 as recorded under Reception No. 362181, also being the Easterly Boundary line of Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following four (4) courses: S34°3699"W a distance of 70.30 feet; thence 807°41'56"E a distance of 41.22 feet; thence S33°37'46"E a distance of 327.58 feet thence S03°37102"E a distance of 348.69 feet; thence N85°30'26"E a distance of 574.39 feet; thence S64°41'02"E a distance of 104.01 feet; thence. S44°44'08"E a distance of 201.49 feet; thence 547'29'41"E a distance of 57.83 feet; thence N86°33`48"E a distance of 63.76 feet; thence N62°39'52"E a distance of 216.09 feet; thence N84°35`43"E a distance of 51.70 feet; thence S59°24'28"E a distance of 33.67 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing ofN24°02'22" E a distance of 376.97 feet; thence N12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24` 14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 57.68 acres more or less. Said Parcel is subject to easements and encumbrances of record 2. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N51°02'39"E a distance of 4204.64 feet, with all bearings being relative to a bearing of N00°58'1 0"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N59°24'28"W a distance of 33.67 feet; thence 584°35'43"W a distance of 51.70 feet; thence S62°39'52"W a distance of 216.09 feet; thence S86°33'48"W a distance of 63.76 feet; thence N47°29'41 "W a distance of 57.83 feet; thence N44°44'08"W a distance of 201.49 feet; thence N64°41'02"W a distance of 104.01 feet; thence 585'30'26"W a distance of 574.39 feet to a point on the Easterly Boundary line of Block 2, Burning Rock Subdivision as recorded under Reception No. 371427; thence along said Easterly Boundary line the following six (6) courses S45°4825"W a distance of 298.35 feet; thence S36°45'12"W a distance of 68.78 feet; thence S19°32'24"W a distance of 317.57 feet; thence 518°04'52"W a distance of 162.89 feet; thence 524°12'31"W a distance of 23.36 feet; thence S53°01'14"E a distance of 75.63 feet; thence S16°44'10"W a distance of 733.77 feet; thence 573°15'50"E a distance of 736.08 feet; thence S70°42'38"E a distance of 60.44 feet; thence S84°07'30"E a distance of 64.54 feet; thence S69°57'06"E a distance of 63.31 feet; thence S62°23'49"E a 2 1111 N1111714111011iiliiilliii1 " IIVINJAKIii 11111 Recept ior$l : 740298 12/31!2007 12:01:32 F11 Jean Alberico 3 of 7 Rea F4a:$36,00 Daa Fea:0-00 GRRFIELO COUNTY CO distance of 69.25 feet; thence S52°57'45"E a distance of 120.64 feet thence S63°O9'20"E a distance of 83.59 feet; thence S73°00'34"E a distance of 59,43 feet to a point on said Westerly Right of Way line for Spencer Parkway; thence along said Westerly Right of Way line N30°59'00"E a distance of 150.82 feet; thence leaving said Westerly Right of Way S70°49'20"E a distance of 819.47 feet to the Westerly Boundary line of a Parcel of land described in Special Warranty Deed recorded under Reception No. 727519; thence along said Westerly Boundary line the following three (3) courses: 105.26 feet along the arc of non -tangent curve to the left, having a radius of 1460.00 feet, a central angle of 04°07'50" and subtending a chord bearing of N26°30'21"E a distance of 105.23 feet; thence N24°26'26"E a distance of 486.76 feet; thence 121,62 feet along the arc of a curve to the left, having a radius of 460.00 feet, a central angle 15°08'53" and subtending a chord bearing of N16°51'59"W a distance of 121,26 feet; thence continuing 74.60 feet along an arc to the left, having a radius of 460.00 feet, a central angle of 09°17'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast Corner of a Parcel of land described under Reception No. 502529; thence along the Southerly Boundary line of said Parcel the following three (3) courses: N56°45'01 "W a distance of 317.60 feet; thence N74°24'26"W a distance of 223.22 feet; thence N50°57'10"W a distance of 171.76 feet to the Easterly Right of Way of said Spencer Parkway; thence along said Easterly Right away 396.39 feet along the arc of a non -tangent curve to the right, having a radius of 950.00 feet, a central angel of 23°54'25" and subtending a chord bearing of N17°54'03"E a distance of 393.52 feet; thence leaving said Easterly Right of Way N35°39'18"W a distance of 108.82 feet to the point of beginning. Said Parcel contains 76.26 acres more or less and is subject to easements and encumbrances of record. A Parcel of land located in unpiatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Sections 7, 8, 18 & 17 Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line for Spencer Parkway as recorded under Reception No. 541093 whence the Northeast Corner of said Section 8 bears N40°50'16"E a distance of 5894.33 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Corner of said Section 8; thence N73°00'34"W a distance of 59.43 feet; thence N63°09'20"W a distance of 83.59 feet; thence N52°57'45"W a distance of 120.64 feet; thence N62°23'49"W a distance of 69.25 feet; thence N69°57'06"W a distance of 63.31 feet; thence N84°07'30"W a distance of 64,54 feet; thence N70°42'38"W a distance of 60.44 feet; thence N73° 15'50"W a distance of 736.08 feet to a point on the Easterly boundary line of Burning Rock Subdivision as recorded May 28, 1986 under Reception No. 371427; thence along said Easterly boundary line the following three (3) courses: S16°44'1.0"W a distance of 759.48 feet; thence S65°00'15"W a distance of 1143.06 feet; thence S01°42'35"W a distance of 335.15 feet to a point on the Northerly boundary line of Willow Creek Village, Section 2 as recorded December 8, 1981 as Reception No. 322310; thence along said Northerly boundary line the following five (5) courses: S29°17'15"E a distance of 310.72 feet; thence S81°11'11"E a distance of 580.86 feet; thence 558'05'59"E a distance of 115.43 feet; thence N82°36'07"E a distance of 108.66 feet; thence S01 °05'52"W a distance of 159.34 feet to the Northwest corner of a a Parcel of land described under Reception No. 316688; thence along the boundary line of said Parcel for following two (2) courses; S88°54'08"E a distance of 208.92; thence SO1°05'52"W a distance of 220.21 feet to a point on the Northerly right of way line of South Battlement Parkway as recorded under Reception No. 398297; thence along said Northerly Right of Way line the following four (4) courses: 132.67 feet along the are of a curve to the right, having a radius of 622.96 feet, a central angle of 12°12'09" and subtending a chord bearing of S70°23'20"E a distance of 132.42 feet; thence S64°17'16"E a distance of 231.81 feet; thence 264.69 feet along the arc of a curve to the left, having a radius of 522.96 feet, a central angle of 29°00'00" and subtending a chord bearing of S78°47'16"E a distance of 261.88 feet; thence N86°42'44"E a distance of' 103.85 feet to a point on the Westerly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence along said Westerly Right of Way line the following two (2) courses: 27.09 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 77°36'18" and subtending a chord bearing of N47°54'35"E a distance of 25.07 feet; thence N09°06'26"E a distance of 386.00 feet to a point on the boundary line of First Eagles Point as recorded September 22, 2004 under Reception No. , 3 111If+ti.l1151 ha114,0,MANlt'4 fCE !I,I M 11111 Reception#: 740298 12131!2007 12:01:32 PM Jean Alberico 4 of 7 Re.o Fee:136.00 Doc Fee:0.00 GARFIELD COUNTY CO 66019]; thence along said boundary line of First Eagles Point the following Seventeen (17) courses: N54°0728"W a distance of 314.02 feet; thence N55°41'19"W a distance of 265.45 feet; thence N78°39'50"W a distance of 296.32 feet; thence N81°45'01"W a distance of 297.02 feet; thence N81°57'04"W a distance of 145.63 feet; thence N75°45'00"W a distance of 370.19 feet; thence N22°01'45"W a distance of 154.99 feet; thence N06°18'36"W a distance of 114.85 feet; thence N54°39'55"E a distance of 55,12; thence N59°01'20"E a distance of 77.70 feet; thence N72°50'04"E a distance of 193.51 feet; thence S77°45'09"E a distance of 177.92 feet; thence S73°14'55"E a distance of 425.47 feet; thence N54°40"52"E a distance of 470.22 feet; thence S84°56'46"E a distance of 248.40 feet; thence S65°52'14"E a distance of 148.32 feet; thence S26°51'31 "E a distance of 82.97 feet to a point along said Spencer Parkway Westerly Right of Way the following two (2) courses; 105.35 feet along the arc of a non -tangent curve to the right, having a radius of 650.00 feet, a central angle of 09°17'12" and subtending a chord bearing of N26°20'24"E a distance of 105.24 feet; thence N30°59'00"E a distance of 846.41 feet to the point of beginning. Said Parcel contains 52.80 acres more or Tess. Said Parcel is subject to easements and encumbrances of record. 4. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Westerly Right of Way line of the East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N22°42'28"E a distance of 3772.70 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 314" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Westerly Right of Way line the following two (2) courses: S01°41'08"W a distance of 407.27 feet; thence S00°59'21 "W a distance of 865.52 feet to the Northeast Corner of a parcel of land described in the Special Warranty Deed recorded under Reception No. 727519; thence along the Northerly boundary of said School Parcel the following seven (7) courses: N76°07'19"W a distance of 854.61 feet; thence N08°46'47"E a distance of 418,88 feet; thence N82°55'19"W a distance of 44.28 feet; thence N63°58'43"W a distance of 279.40 feet; thence N57°48'47"W a distance of 115.39 feet; thence S74°08'54"W a distance of 55.18 feet; thence N61 ° 13'35"W a distance of 27.90 feet; thence 74.60 feet along the arc of a non -tangent curve to the left, having a radius of 460.00 feet, a central angle of 0917'33" and subtending a chord bearing of N04°38'46"E a distance of 74.52 feet; thence N00°00'00"W a distance of 422.89 feet to the Southeast comer of a parcel of land described at Reception No. 502529; thence along the Easterly boundary of said parcel N00°00'00"W a distance of 442.32 feet; thence leaving said Easterly boundary N52°24'27"E a distance of 88.42 feet; thence S64°18'03"E a distance of 428.17 feet; thence 583°43'30"E a distance of 172.14 feet; thence S54°03'08"E a distance of 109.24 feet; thence S71 °06'37"E a distance of 73.94 feet; thence S67°01'27"E a distance of 419.92 feet; thence S49°57'25"E a distance of 110.81 feet to the point of beginning. Said Parcel contains 35.67 acres more or less. Said Parcel is subject to easements and encumbrances of record. 5. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Southerly Right of Way line of the North & East Battlement Parkway as recorded under Reception Numbers 398268 and 398297, whence the Northeast Corner of said Section 8 bears N64°11'55"E a distance of 2907.31 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 3/4" Brass Cap at the Northeast Comer of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Southerly & Westerly Right of Way line the following three (3) courses: S77°24'11"E a distance of 343.47 feet; thence 1512.78 feet along the arc of a curve to the right, having a radius of 1095.92 feet; a central angle of 79°05'22" and subtending a chord bearing of S37°51'33"E a distance of 1395.50 feet; thence SO1.°41'08"W a distance of 1038.62 feet; thence N49°57'25"W a distance of 110.81 feet; thence N67"01'27"W a distance of 419.92 feet; thence N71°06'37"W a distance of 73.94 feet; thence 4 VIII M410 ,1,verm `I ll. I.V.IiI{th 1111 ! Reception#: 740298 52 of 72Reo 7 Fse:$362@0 Doc Fee:a60 GGRFIELD COUNTY Co N54°03'08"W a distance of 109.24 feet; thence N83°43'30"W a distance of 172.14 feet; thence N64°18'03"W a distance of 428.17 feet; thence S52°24'27"W a distance of 88.42 feet to the Northeast corner of a Parcel of land described at Reception No. 502529; thence along the Northerly boundary line of said Parcel the following two (2) courses: N49°20'08"W a distance of 359.28 feet; thence N79°37'28"W a distance of 224.18 feet to a point on the Easterly Right of Way line of Spencer Parkway as recorded under Reception No. 541093; thence N35°39'18"W a distance of 108.82 feet to a point on the Westerly Right of Way line of said Spencer Parkway; thence along said Westerly Right of way the following five (5) courses: 58.03 feet along the arc of a non -tangent curve to the right, having a radius of 1050.00 feet, a central angle of 03°09'59" and subtending a chord bearing of N33°54'00"E a distance of 58.02 feet; thence N35°28'59"E a distance of 668.74 feet; thence 379.48 feet along the arc of a curve to the left, having a radius of 950.00 feet, a central angle of 22°53'14" and subtending a chord bearing of N24°02822"E a distance of 376.97 feet; thence N 12°35'46"E a distance of 427.56 feet; thence 31.42 feet along the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00" and subtending a chord bearing of N32°24'14"W a distance of 28.28 feet to the point of beginning. Said Parcel contains 56.17 acres more or less. Said Parcels are subject to easements and encumbrances of record. 6. A Parcel of land located in unplatted lands of Battlement Mesa PUD as recorded under Reception Number 333476, also being located within Section 8, Township 7 South, Range 95 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point along the Easterly Right of Way line of the East Battlement Parkway as recorded under Reception No. 398268, whence the Northeast Corner of said Section 8 bears N29°49'10"E a distance of 2672.29 feet, with all bearings being relative to a bearing of N00°58'10"E a distance of 2605.18 as found between a found 2 314" Brass Cap at the Northeast Corner of said Section 8 and a found 3 1/4" Aluminum Cap at the East 1/4 Comer of said Section 8; thence along said Easterly Right of Way line the following two (2) courses: 126.66 feet along the arc of a curve to the right, having a radius of 1195.92 feet, a central angle of 06°04'05" and subtending a chord bearing of SO1°20'54"E a distance of 126.60 feet; thence. S01°41'08"W a distance of 1445.16 feet to a point on the boundary line of said unplatted lands of Battlement Mesa PUD; thence along said boundary line S88°43'14"E a distance of 993.55 feet; to the Southwest Corner of Lot 1, Block 1, The Highlands Filing 1 according to the Final Plat thereof recorded under Reception No. 344062; thence along the boundary of said Lot 1 the following six (6) courses: NO1016'46"E a distance of 325.00 feet; thence N 16°26'22"E a distance of 62.35 feet; thence N48° 16`46"E a distance of 58.00 feet; thence S88°43'14"E a distance of 180.00 feet; thence S01°16'46"W a distance of 60.00 feet; thence S35°04'04"E a distance of 97.85 feet to the East Boundary Line of said Section 8; thence along said East Boundary line N01°33'31"E a distance of 1028.10 feet to the East 1/4 Comer of said Section 8; thence continuing along the East Boundary line of said Section 8 N00°58'10"E a distance of 96.88 feet; thence N81°37"17"W a distance of 1300.28 feet to the point of beginning. Said Parcel contains 41.35 acres more or less. Said Parcel is subject to easements and encumbrances of record. 7. Tract 3, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 8. Tract 4, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, accord ing to the plat recorded February 8, 2006 as Reception No. 691970 9. Tract 5, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 691970 10. Tract 6, Stone Quarry Commons, a re -subdivision of Lots 5-1 and 5-2 of Battlement Mesa PUD, according to the plat recorded February 8, 2006 as Reception No. 69197 11. A parcel of land situated entirety within a tract of land described at Reception No. 408506, also being entirely with the Battlement Mesa P.U.D., County of Garfield, State of Colorado, Sections 7 and 18, 5 11111 Ill'Xfr4 Niikii3/411,1411Mlliikl 'clllii 1111i Reception#: 740298 12/31/2E07 12:01 :32 P11 .lean R€berico a of 7 RAO Fee:$36.00 Doc FQe:0.00 GRRFIELD COUNTY CO Township 7 South, Range 95 West of the 61t' Principal Meridian, being more particularly described as follows: Beginning at the northwest corner of The Fairways, Phase 1, recorded as Reception No. 530565 also being on the east right-of-way line of Battlement Parkway West; thence along the easterly right-of-way of said Battlement Parkway West of the following three (3) courses: 47188 feet along the arc of a curve to the right, having a radius of 950.00 feet, a central angle of 28°27'35", and subtending a chord bearing N 61°01'12" E a distance of 467.04 feet; thence N 75'15'00" E a distance of 340.50 feet; thence 429.83 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle of 44°46'40", and subtending a chord bearing N 52°51'40" E a distance of 418.98 feet to an angle point along the westerly line of Lot 1, Block 2, Burning Rock Subdivision recorded as Reception No. 371427 of the records of the Clerk and Recorder of said Garfield County; thence the following four (4) courses along the westerly boundary of said Lot 1; S 51°00'00" E a distance of 186.70 feet; thence S 00°00'00" E a distance of 310.00 feet; thence S 55°29'30" W a distance of 754.25 feet; thence S 30°40'00" W a distance of 605.59 feet to the north line of Willow Creek Village, Section No. 2, recorded as Reception No. 322310 of said Garfield County records; thence N 57°39'08" W a distance of 277.40 feet along the north line of said Willow Creek Village, Section No. 2 to the southeast corner of said The Fairways, Phase 1; thence along the easterly and northerly boundary of said The Fairways, Phase 1 the following thirteen (13) courses: N 00°31'24" W a distance of 20.64 feet; thence N 12°20'41" E a distance of 44.00 feet; thence 23.36 feet along the arc of a non tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°12'39", and subtending a chord bearing N 33°03'00" W a distance of 21.07 feet; thence 33.36 feet along the arc of a compound curve to the right, having a radius of 100.00 feet, a central angle of 19'06'41", and subtending a chord bearing N 21°06'40" E a distance of 33.20 feet; thence N 30°40'00" E a distance of 235.19 feet; thence 50.32 feet along the arc of a curve to the right, having a radius of 200.00 feet, a central angle of 14°25'00", and subtending a chord bearing N 37°52'30" E a distance of 50.19 feet; thence 23.54 feet along the arc of a curve to the right, having a radius of 15.00 feet, a central angle of 89°53'50", and subtending a chord bearing S 89°58'05" E a distance of 21.19 feet; thence N 44°58'50" E a distance of 44.00 feet; thence N 45°01'10" W a distance of 145.40 feet; thence 23.54 feet along the arc of a compound curve to the right having a radius of 15.00 feet, a central angle of 89°54'04", and subtending a chord bearing N 00°04'08" W a distance of 21.19 feet; thence N 34°52'5r W a distance of 44.66 feet; thence 23.40 feet along the arc of a non -tangent curve to the right, having a radius of 15.00 feet, a central angle of 89°22'04", and subtending a chord bearing N 89'42'12" W a distance of 21.10 feet; thence N 45°01'10" W a distance of 163.18 feet to the point of beginning. 12. Being a 36.77 acre parcel of land situated in the East half of Section 13, Township 7 South, Range 96 West of the 6th P.M., County of Garfield, Colorado, and being more particularly described as follows: Commencing at a point of reference for the southeast corner of said Section 13, and considering the line between the southwest quarter of Section 18 and the southeast quarter of Section 13 to bear North 01°05'12" East with all bearings contained herein relative thereto; thence North 41°18'27" West 1906.04 feet to the point of beginning; thence South 75°25'51" West 1807.59 feet to a point on the boundary of the. Battlement Mesa P.U.D. (Reception No. 333476); thence along the P.U.D. boundary the following seven (7) courses and distances: 1. North 30°21'25" East 80.00 feet, 2. North 35°25'25" East 644.58 feet, 3. North 29°17'25" East 829.38 feet, 4. North 40°24'25" East 99.86 feet, 5. North 36°27'25" East 150.05 feet, 6. North 34°54'25" East 163.27 feet, 7. North 31°12'21" East266.75 feet, Thence departing said P.U.D. boundary and along the following two (2) courses and distances: 1. South 43°12'52" East 843.18 feet, 2. South 02°21'22" W. 807.89 feet to the point of beginning. 13. A tract in the S1/2 of Section 13, Township 7 South, Range 96 West of the Gtr, P.M. more particularly described as follows: 6 Lin 111 K DIIE@Vidillil 1eii fth 1+41111 11111 Reception#: 740298 172I 1/2 a7 F2:01.32 PMDoJeanfpbrico 0 GRRFIELD COUNTY CO Beginning at the southeast corner of Section 13, thence North 55°225'29" West 1180.60 feet to the point of beginning; thence South 59°29'16" West 1225.50 feet thence North 88'52'30" West 202.82 feet; thence North 00°00' East 461.13 feet; thence North 81°10' West 955.94 feet; thence North 26'28'25" East 232,98 feet; thence North 30°21'25" East 126.15 feet; thence North 75°25'51" East 1807.59 feet; thence South 20°35'01" East 813.75 feet to the point of beginning. 14. Lot 2, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 15. Lot 1, Block 1, Monument Creek Village, Filing #4, according to the plat recorded January 29, 1986 as Reception No. 368452 16. A tract of land lying, and being situate within Section 19, Township 7 South, Range 95 West, of the Sixth Principal Meridian, in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the South right-of-way line of Stone Quarry Road, whence the quarter corner common to Sections 19 and 20, Township 7 South, Range 95 West, of the Sixth Principal Meridian bears South 66°57'07" East, a distance of 2087.56 feet; thence South 01025'26" East, a distance of 56.90 feel; thence South 64°46'28" West, a distance of 506.10 feet; thence South 86°10'00"" West, a distance of 150.04 feet; thence North 69°31'58" West, a distance of 112.58 feet; thence North 07°52'20" West, a distance of 119.40 feet; to a point on the South right-of-way on Stone Quarry Road; thence North 80°15'34" East along the South right-of-way line of Stone Quarry Road, a distance of 738.00 feet, to the place and point of beginning. 17. That property identified as Common Open Space within Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 18. That property identified as Common Open Space within River Bluff Filing 9 — Replat, a part of the Battlement Mesa P.U.D., according to the plat recorded May 7, 1984 as Reception No. 352082 19, That property identified as Open Space within Jack's Pocket Village Filing 5, a part of Battlement Mesa P.U.D., according to the plat recorded February 22, 1988 as Reception No. 389773 20. Tract D, Block 2, The Fairways, Phase 1, according to the final plat recorded August 17, 1998 as Reception No. 530565 21. That property identified as Restricted Reserve"B" within Stone Ridge Subdivision, a Resubdivision of Blocks 4, 5, 6, 7, 8, 9, 10 and 11, Monument Creek Village, Section Two, Battlement Mesa P.U.D., according to the plat recorded July 31, 1995 as Reception No. 481259 22. Lot 1, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 23. Lot 3, Block 2, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No_ 371427 24. Block 1, Burning Rock Subdivision, a part of the Battlement Mesa P.U.D., according to the final plat recorded May 28, 1986 as Reception No. 371427 7 Site Plan Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 PROJECT MAP SCALE : 1 "=1500' INDEX OF SHEETS 1 2 3 4 5 6 7 8 TITLE SHEET SHEET INDEX MAP PLAN & PROFILE, STA: PLAN & PROFILE, STA: PLAN & PROFILE, STA: PLAN & PROFILE, STA: PLAN & PROFILE, STA: DETAILS GENERAL CONSTRUCTION NOTES 1. PIPELINE INSTALLATION, INSPECTION AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE "STANDARDS FOR PIPELINE CONSTRUCTION" ON FILE WITH GARFIELD COUNTY, INCLUDING ALL SUBSEQUENT EDITIONS AND REVISIONS. 2. DISTURBED AREAS SHALL BE SURFACE ROUGHENED AND RESEEDED TO FINAL STABILIZATION IN ACCORDANCE TO THE CONSTRUCTION ACTIVITY PERMIT. 3. ALL SLOPES >_2:1 SHALL HAVE EROSION CONTROL FABRIC INSTALLED AND MAINTAINED UNTIL FINAL SOIL STABILIZATION OCCURS. 4. SALVAGED TOPSOIL FROM THE WORK AREA TO BE STOCKPILED FOR FINAL REVEGETATION. STOCKPILE SHALL BE PROTECTED WITH SILT FENCE AND/OR EROSION LOGS AROUND THE PERIMETER OF THE STOCKPILE. 5. BMP'S SHALL BE USED APPROPRIATELY, MAINTAINED REGULARLY AND REMOVED AT FINAL STABILIZATION. BMP'S SHALL BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. 6. FENCES SHALL BE REMOVED AND REPLACED IN KIND. CONTRACTOR SHALL PRESERVE AND PROTECT FENCING AND UTILITIES THAT ARE ADJACENT TO, BUT NOT IN, THE WORK ZONE. 7. SURVEY INFORMATION PROVIDED BY RIVER VALLEY SURVEY INC. 8. ALL EXISTING UTILITIES TO BE VERIFIED AND LOCATED IN FIELD BY CONTRACTOR BEFORE CONSTRUCTION. ALL EXISTING UTILITIES SHOWN HEREON ARE SHOWN IN APPROXIMATE LOCATION BASED UPON FILES PROVIDED TO MATRIX BY OTHERS. 9. EXACT AMOUNT OF VERTICAL BENDS SHOWN IN PROFILES FOR PIPELINES TO BE DETERMINED BY CONTRACTOR IN FIELD. ENGINEER'S CERTIFICATION THESE PLANS WERE PREPARED UNDER THE REVIEW OF MATRIX DESIGN GROUP, INC. IN CONFORMANCE TO THE GARFIELD COUNTY BUILDING & PLANNING DEPARTMENT - MAJOR GRADING PERMIT APPLICATION SITE PLAN AND EROSION CONTROL REQUIREMENTS. AND WITH THE ADOPTED APPENDIX J GRADING CODE SECTION J104.2. CONSTRUCTION MEANS AND METHODOLOGIES, AS WELL AS ADDITIONAL PERMIT APPLICATION SUPPORTING MATERIALS HAVE BEEN PREPARED BY OTHERS AND ARE NOT CONSIDERED PART OF THIS SITE PLAN CERTIFICATION. GRE PROFESS 1+00 TO 26+00 26+00 TO 46+99.94 (End 12") 46+99.94 (Begin 16") TO 78+00 78+00 TO 108+00 108+00 TO 136+37.52 (End Project) ER, PE, #36307 L ENGINEER NVNs SURVEYORS: RIVER VALLEY SURVEY, INC 110 EAST THIRD STREET, SUITE #213 RIFLE, COLORADO 81650 PHONE: 970-379-7846 FAX: 970-625-5775 r Ursa Operating Company LLC 1050 17th St.. Sic 2400 Denver. Colorado 80265 Ph: (720) 508-8350 Dnwn By: NO. Date Revision By Prepared For: Ursa Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 Project NO. t'/Ursa Checked Br SEA Mut R® s River Valley Survey. Inc.F I to Fast 33rd. Street, sane z11 3 Rille. Colorado 81650 Ph: 970-379-7846 Fax: 970-625-5775 1 Computer File: 06011 01 06 Pa rue hnt. r-12" PIPELINE ALIGNMENT Battlement J1esa TWIN 8" FLEX STEEL WATER PIPELINES THROUGHOUT T017SR095W END PROPOSED 12" - /BEGIN PROPOSED 16" PIPELINE ALIIGNMENT LINE LEGEND 13 G,, h BMC PHASE 1 - 12" & 16" GAS PIPELINES (with Twin 8" Water Pipelines) PLAN & PROFILE ,, PROPOSED 16" PIPELINE ALIGNMENT zc GENERAL LOCATION MAP SCALE : 1"=2000' Existing 4" Gas Line Existing 6" Gas Line Existing 10" Gas Line Existing 12" Gas Line Existing 16" Gas Line Existing 20" Gas Line Existing 24" Gas Line Existing Gas Line 6"W Existing 6" Water Line 8"W Existing 8" Water Line 12"W Existing 12" Water Line Existing Flow Line Existing 10 -ft Contour Line Existing 2 -ft Contour Line Existing Work Area Existing Telephone Line Existing Fence OE Existing Overhead Electric Existing Guardrail IRR Existing Irrigation Existing Rail Existing Easement Boundary Existing Edge of Road Existing CMP 1 Proposed 12" Gas Pipeline Proposed BMP Line SYMBOL LEGEND 0 CC 13 3" PVC Riser Power Pole Guy Wire Well Irrigation Riser Abbreviation Legend TYP = Typical ELEC = Electric OE = Overhead Electric EL = Elevation APPROX = Approximate TWA = Temporary Work Area 11= Invert In 10 = Invert Out TELE = Telephone PED = Pedestal SITUATED IN SECTIONS 17 & 18, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO END PROPOSED 12" / BEGIN PROPOSED 16" PIPELINE 16" PIPELINE 1 QUANTITY SUMMARY Item Description 1. 12" Pipeline 2. 16" Pipeline per SUA 3. Twin 8" Water Pipeline 4. 24" Steel Casing 5. 36" Steel Casing 6. Silt Fence 7. Soil Erosion Blanket Quantity 4,600 If 8.938 If 18,931 If 1,426 If 350 If 4,934 If 2.060 sq. yds. F Y V 1 BORE LOCATION 1 TOTAL -B RE DISTANCE . 1426 LF EXISTING ORA PROPOSED 1211 - STEEL PIPE-\ / (BORING) —C 0 z —CO w z as m co w O. N- -04 c9 CO CO V 1 0 N 0+ CV T VD W z J `U Q / Parcel _ / 4847 nose• -- CONTRACTOR TO - REMOVE/REPLACE FENCE \--~ CROSSINGS IN-KIND 1 nb 1' \ !t t 1 \ \ S +80. • 0.00' \5 / on o:nd \ \ ST 41 2; UTILITY •-'QS-. • - • CTO ELDVER & .RTHO d ELEVATIO ROA - _ CONS "• . TI N -'\ 30+00 „sw,.31 +00 _ 32400p 33+00 411414;1/1114411- s_ra 4411- Parcel 2-2 58 47 ACoet PRO P• 012 PIPE t SEE RIGHT Willow Creek Se ',s•2 Rocepton •110 0 Q cyxSTA. 35+ `x18`-12' No 1\x!, 11 , 0.00' Bend 37+00 net, amt I 41 1 I I 1 \\ I I 4 \ 1 I \ 0 10 0 41 \ 0 I I/ \ I 1 I\ \ \ N. Valley View VllMge - - �1 \ 1 t 1Romonm.643o4. r \.fit 01 \ SF1 \ I / • I C, ('` 39+00'i0+pp pan 1*p0.--��-42+00.4>> Es43+00 -- 44+ `�9-- 5+0 emF 4 - -00 rl .45+00 Z STA. 46+99.94. 0.00' END 12' PIPELINE BEGIN 16" PIPELINE PROPOSED 12' PIPELINE \ 1 ROP .SED 1 gIPEUN \ 1 1 \ 1 \ 1 \ \ \ 1 \ 1 SEE LEFT PLAN VIEW - 12" PIPELINE STA: 26+00 to 46+99.94 (END 12") co I \El 1. 1 CO TRACTOR TOI REM VEYREPLACE FEN CROSSING 1 \ IN-KIND 1Parr� 2-2-2 1 1 1\\ 1. Esmt. Ccast Esmt- CONTRACTOR TO REMOVE/REPLACE FENCE CROSSING IN-KIND 3 '0 STA:26+00 to 46+99.94 BATTLEMENT MESA PARTNERS Z5' 50' Construction Eaaemcnt 25' Center of Pipeline 50' Construction Easement 25' 5290 5285 5290 5265 s260 5250 4 - Ursa Operating Company LLC 1050 17th SL, Ste 2400 >PVI'Sa ';1 'e- Denver, Colorado 80265 (720) 508-8350 Drawn By: NO. —I— Rcvimun By Prepared For: Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 so t- Checked BS SEAUrsa I— ' �— 1395 - re 1 River VaPh: lley Survey, Inc. 110 East 3rd. Street Suite 213 Rille.Colorado81650 Ph: 970-379-7546 pax: 970-625-5775 ter Me: 06011 5465 1390 _ 5460 - + t I : . .. - 1 1385 ' _ -1 5455 T- - J ..i�- .- •- ;380 C - N. m _ .aa - �- _ _ .5450 — -1- L' _ 1 1 _ 1 ~- i375 �_ -� - RI - g a _ 1 5445 9 1370 -—. ___ - , ~_ 5440 J_ - �a Z. = N IN -u.: —1— ;365 I roar= -N .nt rc- ¢ ¢ z uy rte—. rOr. 3 ` 5435 � ;360 — _ _ __ � O. I - - , . 6430 --: - ,355 =1i _ Z � Ca, . O -td -5420 5425 Z i 1350— 2 M--_._ ~ a a co not '• � Cat 1345 1 U PRD�SED 12" Q J _ n H �+ � 6415 �- I'wn g of m..Q. = $ ;340 i - - ,4Z STEE PIPE - i �� ��-- j_ v- - 4 Id — . L -m- 5410 u'- a V a nI 7 a N r "U FOyo -� 5405 1335- EXISTING i � at -___ -_. ea re ae0. C7 ai vm— 5400 `� = ;330 ---., _. _'- - 44 V PHErtr:65ED : z—9TEELIxiPE.. 12"^ - y ti - GRADE- __— :. , mal —_... —. 5395 1325 —-CLPIP£ / / -= rn - -i- _ _ - :— - :. _ _ ,._,-.. 41 5390 o 1E ;320 � cc - _iZ - c: `� / �_ �e—� c 1 _. 1315 tim �vim _ - / `�_���.-- --EXIST NG GRADE - -- - .:J!7 OMATCHLINE STA. 46+9' 5385 U 1 _ - qi �� = - I.310 = NLL -moi - ©CLPIPE 5390 i : ` =6 1305 0 .- . i s ~ =n. -'U --I- 5375 t —'- t -'- -.- - . . -: z a -1-t°7_ c• CC 5370 1 :.- C ;300 1295 - O CIO � � / - ' �� _ •gr .- - 5365 • 5380 i ¢_ - yf�. - `� � 5355 - _, ,_ - '_ —(n c . C Y�13 —_- 5350 ' ' �� G75 -LU : �. 5345 G70 5340= 5335 - - I M I - .-1 - -1- �c �� HORIZ S 5330 -• --- —• �_ ~- - -- - -.--' ��VERTS 255=¢ i 5325 5320 cele t ..r -.: C _.5 _ . ._ -. _ _ gl 0 n d. \ Z? IR $ �: &3; C d i' 3 $^ n $e.o w ^ to m q ¢t l $ a o tl: ati Z �: 8 s 0� s5 N 8Ij $ Et V ,� N: 2 �i 9t h� R: >SI � a ` 0 I R N. R 28+00 27+00 28+00 29+00 30+00 31+00 32+00 33+00 34+00 35+00 36+00 37+00 38+00 39+00 STA: 26+00 to 46+99.94 (End 12") 40+00 41+00 42+00 43+00 44+00 45+00 46+00 47+00 100 0 100 SCALE IN Fair ORIGINAL SCALE 200 4 - Ursa Operating Company LLC 1050 17th SL, Ste 2400 >PVI'Sa ';1 'e- Denver, Colorado 80265 (720) 508-8350 Drawn By: NO. D;qt. Rcvimun By Prepared For: Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 Project NO. Checked BS SEAUrsa °"" re 1 River VaPh: lley Survey, Inc. 110 East 3rd. Street Suite 213 Rille.Colorado81650 Ph: 970-379-7546 pax: 970-625-5775 ter Me: 06011 V 1 1. N - ��-� JL ree / \ 75'x400' O r ' N \ STA. 61+50.23, 0:00' ` / / \ / ( 1 \ 87°-16" Horizontal Bend 1 \ \ / 0) ( N. 7/'\ \ i/ / \ 1 \ - // /' \ \ I /� TEMP WORK AREA (TWA) l STA. 79+98.23, 0.00' l \ / / / = \ / • / 62°-16" Horizontal Bend \ / \ STA. 61+51.73, 0.00 •�i' \,\ PROPOSED 12" / / -PIPELINE \ `- ���/ / � 7-� I 1 CO 1— 7 \ Monument Creek Village UTILITY CROSSING, CONTRACTOR TO - —Q STA. 46+99.94�h00' \ i IFIELD VERIFY AN POTHOLE ELEVATIONS END 12" PIPE)`I E 1 l Filing 4 Q / i / f� Reception #368452 PRIOR TO CONSTRUCTION 4 e BEGIN 16" PI ELINE �' R A. 52+28.25, '9.00' 1 \ - \ N ' \ �. O dBATTLEMENT = l O 1 r \ \ oo UNPLATTED +' MESA PUD 1 MATCH L I N E \ IL �S'TA. 78+00 TA. 61+87.35, 0.00' 4 ��: - _ -- �---C \ - 'Reception #333476 ic W W 41°-16" Horizontai\Bend \ \ �; � \ ` .',0 J�= ~ tility Easement Edd Bore Under Road; - ,`a\� :6�, 0- o \ p \ SEE SHEET 6 , + % \ I \ v _ _ \ eception #370148 I /• j; t\ `x00 - _- 1 Pro Bounda \ STA: 59+76.0(3, 0.00' . �I//:'\\ - rY45 16HozontIBend 5F- 'er+55+00 k\ C !CO ~ �' Lt_ CV T63+00 1 l \ \ _I/PROPOSED16"/ I / / _ ri.._ W 64+OO;t. Esmt I PIPELINE \ 1 t� Z i hb j �. - —Pen I--t—Es x� —Pern.. eon, 65+00 66+00 II `69+00 / \ 68+ :. O \ -- \ erm t 00_ O ,�B J _ ... , si_ berm �s 67+OO.i. mst Esmt W 9+ /� s \ _ s.11 00 ro sm. Perm. E_.°,P L . Esmt. _N68-.+0074-- .... -X70+00 71+00 72+00 -:-nt --cc . / er!% ,-, -- —m. r N. mm d' / W W erm sm - _ef _ _ .n -Perm. 73+00- mt. -<o�st erm. Esmt 74+00 + 5 00_ -t,�t . __ 1 R '.. ., €:r -- - _: SF \ m . _— Esmt. —7 76+00 —Peri... �—_ 77+ 00 fon . �� \ .� - ._ ,., m sr, . -_,� / t " Q W — — erm sm . - rm. sm _ fi arm. I , O x!�'li.%f \ --- - 0. /% • / W Property dOndaty r C^ ---•erm.r �— eY a� ..L�. �r \ J,s:° �� `h ! STA. 59+37.35, 0:00 — / CO�-. „-- i r E .., r rm_ _ • erm. - ' - - .. y._ // > Op' / Q ^ Vis O, St :S�` y`\�//�h� / < O 0 ,\ \ 9x / / :*., OO `Z< / � / / / / •t \ ` \ \ / _ -- , / Be In�dre.Under Road r ,' / \5^- 5 -PROPOSED 16" 9 ' / / / / - -� - - - PIF ELINE i / I / \ - - _ / / / J / f f �Q I O' = ' " �� 7-5'�C O' -/- %�"- / / . rA..'62+v5.28, 0.00' S TEMp.WORK AREA (TWA ) -7-",----,./ • 4,° . s PR�P03ED 16� ( ) Horizontal Bend tO PIPELINE S / \ - / <C/ ! l / \ / / CO CONTRACTOR TO ; " R�MOVEIREPLACE ,- FENCE CROSSING / IN-KIND i , __ — Sm _ tsm r / ^ PROPOSED 16" - - \ ` Property Boundary o' rt / / �-- \ \ PIPELINE - / \ `,\ \ \ \ / 1 STA. 77+28.88, 0.00\ i l \ r \- " _ i � \ 1 11 �0°-16" Horizontal Bend \ \ / O 4 3 1 \ / ) / \ ^ / \ � - - // / \ 1 / Esmt f /• / / / Monumenjr6eek Village , / O _ / ,P �0 / / _ / i (J W. St. John / / Section 2 " = - e ' / STA. 49+17.28, 0.00' Reception #319920 epti0 - _'� / /far. dle School r �/ / / / /1 r / 1 A r - _ / T I l / I\ / (\� / i / �0°-16" Horizontal Bend - eption #347912 / \C ` / r \ J / // / / / r / � 1 ? 7 \ _ __ - - �` / / PLAN VIEW - 16" PIPELINE STA: 46+99.94 (Begin 16") to 78+00 N a, n STA:46+99.94 to 60+09.57 BATTLEMENT MESA PARTNERS cSTA:61+16.59 to 78+00 c tiBATTLEMENT MESA PUD STA:60+09.57 to 61+16.59 STONE QUARRY RD 25' 50' Construction Easement 50' Construction Easement 25' 25' Center of Pipeline r__ 5 JY:I:J — o✓'00 5450 - .. Z 5550 = 5445' {- m 5545 v=� - Z i J I— - c0 5440 -l'��- Z 5540 o �; w N O i m + 5435 -- -� • _ „ �_.. s �,�. 3" t -G- it -G -- 5535 - - ..� o -N rn U U zel ¢ '„s�:3” tD ¢U . - Q <N 5430 ��j Q5530 - m Z'2- +a"'CO in +z r� �_ _ ..- co - N = + 5425 F - - o 5525 w w „ - w m . co o co ° EXISTING GRADE �- - z rn u_ -to Z �° - to z + Q PROPOS•ED 16" 5420 -t — 5520 + Z H •H z ren m. ., .. = D w rzQl} G2 Vii: v' aO r: col- 5415- n •N 5515 m it a> u°-� co m O t - � EXISTING GRAt1�� �.> a ., (0 LI, _ �i�� 5410 =dirit • = ., . 5510 _+ •- "' ¢ PROPOSED 16"- to x { c7 Q f �� : eae _ ~ 4 H O + �- 5405 Cfl- + ..-: - �.:� IA / 5505 N m --- N�t�=� W =,.. O / w s z 5400 - . . u ��_ _ 5500 i �� �C� _ i �, >© J 5395 5495 @ CL _• .-�� - 5390 �� 5490 - 5385 5485 _ =I= �� _ _el r IIIMIEe..�� J - 5380 a ao s 5480 � w Jr " 5375 _ �� , 5475 ��, �_� .: • T • L : E • ST E .251 F- •5365 ���� ��� � -- 5370 - 5470 MIF-' =Q 5465 5360 r 5460 5355 5455 , 5350 MORE SCALE: 1:100= 5450 5345 T SCA�..E:-0-= 5445 'E lb 5340 5440 atriaLAOL W .p N ce;cc,W h i h <a N. y, b o 6i ^ 4� � c� b co K. �. O M 0 b 4i K. h •h N ^ %. h y, vS h tp Vl ''4 �. _cps w h O N O M y, O Z 'o �. Na- `� Q .�. M Q °3 w 41 w m Ni- N '� �. m h N co N N i N �. H N. K. 6 ka R N pp o, o, �1 M 4 M h w h N '.� R .o ^ @ h h . N 4 h a a •o h h oOo �5 O� g h a A o, h 4O• g h O eO,. g 'a N. M r4 on h h ".tiv ^ h N N. ..Ni, ch h ce h % h O. o h h O CS h h 01 Nt: h h icti 47+00 48+00 49+00 50+00 51+00 52+00 53+00 54+00 55+00 56+00 57+00 58+00 59+00 60+00 61+00 62+00 63+00 64+00 65+00 66+00 67+00 68+00 69+00 70+00 71+00 72+00 73+00 74+00 75+00 76+00 77+00 78+00 STA: 46+99.94 (Begin 16") to 78+00 (Ursa Operating Company LLC Dawn By: NO. Date Revision By Project NO. 1050 17th St., Ste 2400 Prepared For: UI'saI@ U Denver, Colorado 80265 Checked By: 100— 100 200 SEA Ursa Operating Company LLC � Ph: (720) 508-8350 Date: 792 Buckhorn Dr. SCALE IN FEET ORIGINAL SCALE 1!00,7 River ValleySurvey,Inc. 110 East 3rd. Street, Suite 213 Rifle, Colorado 81650 5 Rifle, Colorado 81650 Computer File: Ph:970-379-7846 Fax:970-625-5775 06011 V 1 5750 5745 5740 5735 5730 5725 5720 5715 5710 5705 5700 5695 5690 5685 5680 5675 5670 5665 5660 5655 5650 5645 5640 5635 5630 5625 5620 5615 5610 5605 5600 5595 5590 5585 5625 5620 5615 5610 5605 5600 5595 5590 5585 5580 5575 5570 5565 5560 5555 5550 5545 5540 5535 5530 5525 5520 5515 5510 5505 5500 5495 5490 5485 5480 5475 5470 5465 5460 1 1 I/— UNDERWOODI LANE / \ / 1 STA. 83+6,2.36, 0.00' -70e-1-6"-Horizontal ortzontal Bend --r - - - - STA. 80+95.58, 0.00' 40°-16" Horizontal Bend 0 \ STA. 79+98.23, 0.00' 62°-16" Horizontal Bend 1 ppnpns 1 1 Tract 4 ` Tract / 1 , IPropertBoundaa� L Z \ Pecr81 . — COSY ROAD 30— 2 onsEs\t1 } Esmt 1\81 4+00 5+00E\ mt.-86+00P-ermE r0BH+OO\t 89+-00—cstr.s\\r€90+OOnt. 9+00 92+00 93+00 9400smt i / / J M. sm - -12r.r.r. Es m-. CONTRACTOR TO \ 0 / _REMOVE/REPLACE \ 'PENCE CROSSING \ / IN-KIND a \ / ri( I _ i 0 o: r -L E / MATCHLINE STA 78+00 w c 0 / Const. :smt., / a Cor -,t. Es It PROPOSED 1 PIPELIN O 0 / \ a_onst Es_nit.1 NPLAT ED I AT#LENIENT IViESA PUD ecepption1 #3331476 cont. E / --a / \ 96+00 Esmt. ion9 6+00 Perr.97+O0i-'onst C-98+00 -9H+OO-Pem. Es 99+o0rt.:71-100+00). nr 100+00 —Es mt.? _ rrrm. sm -—Censst Esmt. \ lon st Esmt. — \< erm CONTRACTOR TO REMOVE/REPLACE FENCE CROSSING IN-KIND i -Const. Es t. f' ) / --_•7 CCnsl Esmt. / I / //; I) / J/ ( //c 1j / / // ;a // / / / / \ 1 1 / //'Jj / /( / / // / // ///// // ( \ 5/ // // / / / /' / ( 1 1 / I / ! / / ;/ // / // / / V /// / / / j /, / / / ,/ / / // // (h / ( ( ( / ( / / Vi' % \ \ \ I ) / / / / / 1,\ ) / / / // /� /� \ 1 I / / / / / / \ ( / / / / I I I 0 erm 7 Tract 6 101+00 Esmt oast. Esmt. / { 102+00 tit erm. Es 0 0 0 a 103+00 _erm 104+00 / 1 t \ (• / O CO � Lti cons105+000 — rm. Esm.1.06+00°n'_-107+00 108+00 EQ L1J Esmt. erm. sm . T� —f—r '� W •er sm . / ILLI if) Z W JLLI j 1 (1) U UNPLATTED / BATTLEMENT MESA PUD Reception #333476 /i �I PROPOSED 1/6 I PIPEL/NE a 0 / / SEE SHEET 5 PLAN VIEW - 16" PIPELINE STA: 78+00 to 108+00 STA:78+00 to 108+00 BATTLEMENT MESA PUD 25' 50' Construction Easement 50' Construction Easement 25' _Center of Pipeline ZSr 25' r INST' LL ST' £ W WDDLE EX I ILE FABRIC ROPOS STEEL X 16' PIPE EXISTING GRADE @ CL PIPE EXISTING ;RADE' @ CI PIPR; Z i iy OPProora 11111.11e - l — U ce 7 + U- P t w 1n.LL 4 L SCALE 1:1 ERT SCALE: 1:20 0 N 0 h{ rn ti 4441 rn. os l ti 0) M h i to h ti h 78+00 79+00 80+00 81+00 82+00 83+00 84+00 85+00 86+00 87+00 88+00 89+00 90+00 91+00 92+00 93+00 100 0 100 STA: 78+00 to 108+00 200 SCALE IN FEET ORIGINAL SCALE 94+00 95+00 96+00 (I -Ursa Operating Company LLC 1050 17th St., Ste 2400 Denver, Colorado 80265 Ph: (720) 508-8350 ft Ursa 97+00 98+00 Drawn By: Checked By: SEA Date: River Valley Survey, Inc. 110 East 3rd. Street, Suite 213 Computer File: Rifle, Colorado 81650 06011 Ph: 970-379-7846 Fax: 970-625-5775 99+00 NO. 100+00 Date 101+00 102+00 Revision 103+00 By 104+00 105+00 106+00 107+00 Prepared For: Ursa Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 108+00 Project NO. 6 V 1 N O O co CU • 1— Q w W z wt. Esmt. —_ w = LL1 U Q) / 0/ ti.L. 1. ,--J E4mt ' - _ _ pr / / CONTRACTOR TO 0 L /REPLACE FENS CROSSING IN -KIN R' Preen kty y ,109+00 � 110+0011+00-~lor b'erm. El 112+00 Esmt. 113+00 / CO ons.. 114+00, John, Joan-and,ROy Savage P.O.iok 1926 Rifle, Co. 81650 /t ti 115+00 L 5790 5785 5780 5775 5770 5765 5760 5755 5750 5745 5740 5735 5730 5725 5720 5715 5710 5705 5700 5695 5690 5685 5680 5675 5670 5665 5660 5655 5650 5645 5640 5635 5630 5625 5620 5615 5610 GCJ,C t � � I 116+00 erm.aEr s;t._11 Ist—LI-119+00—LI-119+00v 119+00,7+00 J_Er i 7 ----bnst. Etmt./ i - 0— -_ ( SITA. 110+37.35, 0.90' find Bore Under Ropd _STA. 1b9+37.35, 0.00' I Begin 13ore Under Road / / l 1 / / lz_ e120+00 E mt. 121+00 122+00 // PROPOSED 16" / PIPELINE / r / m onst. Esin UNPI.ATTED BATiTLEMENT MESA PUO Reception #333476 / 1 / / Cost. Esmt. PROPOS PIPEL z 1' lr to m Esmt 0 N 0 0 N J N. N STA. 123+08.97, 0.00' 900-16" Horizontal Bend, N 1 124+00125+00 -="'111-6;r00-p- er—m�Es_12+00 UNPLATTED\ --BATTLEMENT TJIESA PUD Reception #333476, +00 - Property Boundar.y r1218+00y�Esmt.�129130+00 t _131+00_� 132+00 sm erm —Canst. Esmt. 7 STA. 132+98.46, 0.00' -UTILITY CROSSING,CONTRAC FI�LD VE IThY AND JD THOLE ELEVATIONS PRIOR TO-CONStRUICTI i 134+00 sm kROPOSED 16" PELINE rm. -N \ UNDP "D �"\ B TLEMENT MESA R .. etic=.pori3 476 _135+00- mt .-136+0136+38i - - -rage -E / End 16" Pipeline @ 100'x100' Valve Site Tie to Ellsting RRG Pipelines Contractor to field verify" location ani dejith prior to connection. SEE LEFT PLAN VIEW - 16" PIPELINE STA: 108+00 to 136+37.52 (END) STA:108+00 to 136+37.52 BATTLEMENT MESA PUD 25' 50' Conftruction Easement 50' Construction Easement 25' Center of Pipeline - 25r 25' • �!1 w 0 to zLLa,� O (1 w t - =O O to w oa 2wit et ec �o C Or --1— .1e a - EXISTING GRADE @ CL n 0 CI - in • co. Z00 ~ e J • < 0owaOU ow z i o-H007OJOO MEI 011162111E ''-s •SED 16" STEEL PIPE _rt Tr— co oo, h 01 h oN b N h N r`1 h'. 0 h c Cr) h to h 12 N h Pi h IN 108+00 109+00 110+00 111+00 112+00 113+00 114+00 115+00 116+00 117+00 118+00 119+00 120+00 121+00 122+00 123+00 STA: 108+00 to 136+37.52 (END) 100 0 100 200 SCALE IN FEET ORIGINAL SCALE 124+00 125+00 126+00 127+00 128+00 129+00 130+00 131+00 132+00 133+00 134+00 135+00 136+00 1374 ;JUJU 5885 5880 5875 5870 5865 5860 5855 5850 5845 5840 5835 5830 5825 5820 5815 5810 5805 5800 5795 5790 5785 5780 5775 5770 5765 5760 5755 5750 5745 5740 5735 5730 5725 5720 5715 5710 5705 Ursa Operating Company LLC 1050 17th St., Ste 2400 Denver, Colorado 80265 Ph: (720) 508-8350 I?Ursa zt River Valley Survey, Inc. 110 East 3rd. Street, Suite 213 Rifle, Colorado 81650 Drawn By: Checked By: SEA Date: Computer File: Ph: 970-379-7846 Fax: 970-625-5775 06011 NO. Date Revision By Prepared For: Ursa Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 Project NO. 7 V 1 Recommended Typical Trench Detail Reestablish excavation area with Noxious Weed Free Seed Mix bC/\\/\/\ \\<N Sides of the trenches higher than 5 -ft above the bottom of the trench to have a maximum slope of 1:1 or to be shored and sheathed in accordance with OSHA Regulations. Recommended Waterway Detail In areas of waterway crossings, or wet trench sections, additional Mirafi 140N Wrap shall be installed from the bottom of the 6" Class VI, up the sides of the trench, and over the top of pipeline. Graded Select 3" Minus shall be replaced with 3/4" Screened Crushed Rock compacted to 85% Standard proctor. Twin 8" Flex Steel Water Pipelines 1 ,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, 31611(Z if ,,,,,,,,,,,,,,,,,, 4. 4. 4. EROSION CONTROL BLANKET: LANDLOK C52 EXTEND BLANKET A MINIMUM OF 3'-0" OVER CREST OF SLOPE, SEE DETAIL 4/2. TRENCHING NEEDED IF A MINIMUM OF 3'-0" IS NOT AVAILABLE AT THE CREST OF SLOPE OR IF OVERLAND FLOW IS ANTICIPATED FROM UPLAND AREAS, Top Soil - Crowned and disced to avoid erosion and pooling. In trenches deeper than 5 -ft, Native material fill Compact to 85% Standard Proctor. Note: Trench Width to be a minimum of 8" plus — the diameter of the pipeline, and a maximum of 24" plus the diameter of the pipe. Graded Select Native Material. No sharp rocks, organics or trash. Screen rock to 12" or smaller from top of pipeline to minimum 3 -ft depth. Compact to 85% Standard Proctor. Graded Select Native Material. No sharp rocks, organics or trash. Screen rock to 3" or smaller to the Top of Pipeline. Compact to 90% Standard Proctor. 12" or 16" Steel Pipeline Sand Bags for Steel Pipeline 6" of Select grade as approved by the Geotech engineer or 6" Class VI Bedding compacted to 95% Standard Proctor within 2% of optimum moisture. In areas of unsuitable bedding material encountered at grade depth, excavate additional depth as directed by Geotech Engineer. Slope Detail 3'-0" MIN. 1 ROW OF STAPLES, 2" O.C. OVERLAP END ROLL SIDE SEAM OVERLAP BLANKET TO EXTEND A MINIMUM OF 3'-0" BEYOND TOE OF SLOPE. FOR BOTTOM OF SLOPE TERMINATION. EROSION CONTROL BLANKET (NOT TO SCALE) 24" Steel Bore Detail Slope Crest Anchor DO NOT NEED TO TRENCH BLANKET IN IF IT CAN BE EXTENDED A MINIMUM OF OVER THE CREST OF THE SLOPE, CURLERSEDIMENT LOGS WOOD STAKE TO ONLY PENETRATE NETTING, NOT CURLEX MATERIAL SLOPE SURFACE Install spacers/skids as necessary TRENCH Optional Trench on Bare Soil 24" O.D. Steel Casing Pipe w/ 1/2" Wall 12" I.D. Steel Pipe F � IPS OP� SF 0 o oIo olo 0 0 0 0 0 SEB 0 0 0 0 0 0 0 0 0 Common Name GENERIC SEED MIX FOR REGION 3 BELOW 6,500 FEET ELEVATION Scientific Name Lbs PLS/Acre "Egan" American sloughgrass "Star Lake" Indian ricegrass "Vaughn" Sideoats grama "Arriba" Western wheatgrass "Salado" Alkali sacaton VNS, Sand dropseed SILT FABRIC STAPLED TO POSTS 10' MAX Beckmannia syzigachne Achnatherum hymenoides Bouteloua curtipendula Pascopyrum smithii Sporobolus airoides Sporobolus cryptandrus POST (2" X 2" NOMINAL) 24" MIN. 6" x 6" TRENCH 42" MIN. 24" MIN. 1 3 (wet areas, omit if not needed) 6 7 8 2 1 27 SILT FENCE FABRIC ANCHORED IN TRENCH AND FIRMLY ATTACHED TO POST 6"x6" TRENCH FLOW 18-_ COMPACTED M N:�4 _ _m BACKFILL x,11= SILT FENCE FABRIC ANCHORED IN TRENCH AND ATTACHED FIRMLY TO POST 36" Steel Bore Detail Silt Fence Inlet Protection Outlet Protection Straw Wattle Soil Erosion Blanket Install spacers/skics as necessary 36" O.D. Steel Casing Pipe w / 1/2" Wall 16" I,D. Steel Pipe SILT FENCE (Not To Scale) KEYED INTO FILL SLOPE TOE OF FILL EROSION BALES RUNOFF e a II fir row FILTERED RUNOFF CULVERT WriAM 0 0 EROSION LOG STAKED INTO FILL SLOPE WOOD STAKES (2" x 2" MINIMUM) EROSION BALES ARE TO BE ENTRENCHED 4 INCHES INTO THE SOIL, TIGHTLY ABUTTING WITH NO GAPS, STAKED AND BACK FILLED AROUND THE ENTIRE OUTSIDE PERIMETER. PLAN VIEW CULVERT EROSION BALE INLET PROTECTION (NW To Scale) SEDIMENT REMOVAL SHALL BE PERFORMED CONTINUOUSLY FOR PROPER FUNCTION. A temporary sediment barrier constructed of posts, filter fabric, and in some cases, a wire support fence placed across or near the toe of a. slope or in a. minor drainage way to intercept and detain sediment and decrease flow velocities from drainage areas of limited size; applicable to mitigate erosion from sheet and small concentrated flows. A sediment filter around a storm drain or culvert inlet that reduces the sediment from entering the drainage system prior to permanent ground stabilization. The installation of rip -rap channel sections below storm drain outlets to reduce erosion from scouring at outlets and to reduce flow velocities before stormwater enters downstream channels. Install D50 = 9" diameter angular rock. A temporary sediment barrier constructed of netted straw rolls placed in parallel with grade of slope to intercept and detain flow to allow sediment to settle. Specifically for sheet flow or shallow concentrated flow. Install per manufacturer's specifications. Apply to all newly cut/fill slopes steeper than 4:1. See detail above. Ursa Operating Company LLC �� 1050 17th St., Ste 2400 ' Ursa 4 : �'; Denver, Colorado 80265 .tT. Ph: (720) 508-8350 Drawn By: NO. Date Revision By Prepared For: Ursa Operating Company LLC 792 Buckhorn Dr. Rifle, Colorado 81650 Project NO. Checked By: SEA River Valley Survey, Inc. 110 East 3rd. Street, Suite 213 Rifle, Colorado 81650 Ph: 970-379-7846 Fax: 970-625-5775 Date: Vc S Q (� Computer File: 06011 r V 1 Reclamation Plan Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 Ursa COOPERATING G 792 Buckhorn Dr. Rifle, CO 81650 RECLAMATION PLAN U.S. OPERATIONS PICEANCE BASIN May, 2013 -Rev: 1 LJrsa CNIPAr Y 792 Buckhorn Dr. Rifle, CO 81650 Reclamation Plan U.S. Operations Piceance Basin May 2013 —Rev:1 PREPARED BY: HRL COMPLIANCE SOLUTIONS, INC. 2385 F '/2 Road Grand Junction, CO 81505 970.243.3271 1.0 Introduction 1 2.0 Site Characteristics 3 3.0 Final Reclamation 4 3.1 Stage One (Removal and Disposal) 4 3.2 Stage Two (Substrate Preparation) 5 3.3 Stage Three (Planting/Timing) 6 4.0 Storm Water Mitigation 7 4.1 Best Management Practices (BMPs) 7 4.2 Reclamation Monitoring 7 5.0 References 8 APPENDICES APPENDIX A MAP OF LOCATION(S) APPENDIX B APPROVED SEED MIXES APPENDIX C SITE SPECIFICS Cl Battlement Mesa C2 North Gravel Trend/Roan C3 Gravel Trend C4 Castle Springs/Wolf Creek 1.0 Introduction This Reclamation Plan (Plan) describes procedures necessary for reclamation of Ursa Operating Company LLC's (Ursa) field wide resources located in Garfield County, Pitkin County, and Mesa County, Colorado. Ursa began operating in the Rifle/Silt area on April 1, 2013. The resources include Battlement Mesa field, North Gravel Trend field, Gravel Trend field, and Castle Springs field. The Roan resources are included in the North Gravel Trend field and the Wolf Creek resource is included in the Castle Springs field. Fields cover most of Township 7 South Ranges 91 and 95 West, Township 8 South Range 90 West, Township 5 South Ranges 91-93 West, and Township 6 South Ranges 90-93 West. This Plan will cover re -contouring, reseeding, noxious weed treatment, storm water mitigation and monitoring of the well pads, Rights of Way (ROWs), and other infrastructures required for natural gas operation. This plan is twofold: interim reclamation of a site once a site has been constructed and final reclamation of the site when the pad/ROW is no longer in operation and has been plugged and abandoned (P & A). The reclamation of disturbed land is a critical component when creating a system where ecological functions and values are restored once the ground disturbance activities have ceased. Rehabilitation of the disturbed area assists the natural ecological processes to move towards a self -promoting condition. Once a self-supporting environment has been established, the natural processes of the location can take over and continue the rehabilitation processes with minimal intervention from outside parties. The costs associated with the rehabilitation process will be minimized to the operator if proper treatments are applied initially to ensure the best environment possible for rehabilitation treatments to succeed. Bonding is required for oil and gas lease operations (43 CFR 3104, 36 CFR 228 E). The bond will cover the activities the operator performs including, but not limited to: plugging leasehold wells, surface reclamation, and cleanup of abandoned operations. The Colorado Oil and Gas Conservation Commission (COGCC) 1000 Series Reclamation Regulations declare that "all disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within 12 months, shall be reclaimed as early and as nearly practical to their original conditions. This plan is designed to provide guidance concerning reclamation activities for Ursa land managers once the site of concern is no longer utilized for operations. The area to be reclaimed shall be kept as weed free as practicable of all undesirable noxious weed species. Weed control measures shall be conducted in compliance with the Colorado Noxious Weed Act (C.R.S. 35-5.5-101.et.seq). Storm water mitigation will be in compliance with the Colorado Department of Health and Environment (CDPHE) Water Quality Division General Permit Series COR -030000 and COGCC 1002.f regulations. 1 Procedures identified in this plan apply only to all Ursa Fields. All COGCC, CDPHE and Bureau of Land Management (BLM) procedures (site specific Conditions Of Approval or COAs) will be followed. Personnel working on this project should be familiar with the reclamation plan and its contents prior to preliminary construction activities. 2 2.0 Site Characteristics There are several communities located near the resource areas. Parachute, Battlement Mesa, and Rulison, are located in or near the Battlement Mesa field, (Township 7 South Range 95 West). Rifle, Silt, and New Castle, are located along the boundaries of the North Gravel Trend and Gravel Trend fields. Glenwood Springs is located approximately 27 miles to the east (Township 6 South Range 89 West). The resources range in elevation from 5,000- 9,500 feet and receive between 10-18 inches of precipitation per year. The frost free period ranges from 75 to 125 days, creating a growing season of approximately two and a half to four months. Each location has a site specific plan with details of soils, seed mix, and phase. Refer to Appendix C. COAs will be included in Appendix C for all sites located on federal lands. 3 3.0 Reclamation This plan covers: interim reclamation of a site once the site has been constructed and is in production, and final reclamation of the site when the location is no longer in operation and the well(s) have been plugged and abandoned (P & A). Interim reclamation and final reclamation will be in compliance with CDPHE and COGCC regulations. Construction and reclamation activities will be in accordance with the individual county noxious weed management plan (please refer to the Ursa Noxious Weed Plan). Dust suppression measures are required under the county grading permits and Federal land, and will be implemented as applicable. Each stage will be applied to the reclamation of the locations undergoing reclamation. Interim reclamation will be completed as stated in the Field Wide Storm Water Management Plan(s). All equipment used on reclamation projects will be cleaned and inspected prior to entering location to ensure noxious weed seeds are not being transported onto the site. 3.1 Stage One (Removal and Disposal) During reclamation of any site, once the pad/ROW/access road has been constructed, all wooden stakes used to secure wattles and straw bales, and other waste associated with construction of the site will be disposed of properly. This includes any trash left behind on location such as pipe fittings, used lumber or miscellaneous items that have been discarded. Petroleum products if on site should be contained in secondary containment. Interim Reclamation: • Pads — The initial footprint of the pad will be reduced, leaving enough room for everyday operations to occur on site in a safe manner and will be in compliance with COGCC 1003. All temporary storm water controls will be removed and permanent BMPs will be installed. Disturbed areas will be drill or broadcast seeded as applicable to the topography of the site. Seeding rate and mix will be determined by land owner. Certified weed free straw will be utilized at 2 tons per acre and crimped into place. • Pipelines — Pipelines will be seeded with the site specific seed mix per land owner requests. As applicable, certified weed free straw will be used as mulch at 2 tons per acre, and will be crimped into place. ROW will be monitored and permanent storm water best management practices (BMPs) will be installed to control erosion and sedimentation. • Roads — The access roads to a site will be properly graveled and stabilized. The cut and fill slopes of the access roads will be seeded and mulched as applicable to the individual site. Final Reclamation: • Pads — Pads in final reclamation will be plugged and abandoned (P & A), all temporary BMPs will be removed and replaced with permanent BMPs if necessary, and the surface area will be recontoured and seeded. Drill or broadcast 4 seeding methods will be used at the appropriate rate and depth. Surface roughening will be implemented to retain water and eliminate rilling. • Pipelines — Pipelines will be considered finally stabilized upon reaching 70% pre - disturbance vegetative cover, per the CDPHE general permit COR030000. • Roads — All access roads in final reclamation will be graveled and considered stable, with the sides of the roads are vegetated or stabilized. Closure of a road will consist of recontouring to existing topography, seeding, mulching and in some cases transplanting (using the trackhoe bucket) sagebrush and small trees on the edge of the road. During final reclamation of the site, when the pad is no longer in operation, all manmade structures will be removed from the site by means of backhoe, bulldozer, skidsteer or other appropriate heavy machinery. Structures may include, but are not limited to: compressor engines, generators, steel structures, cement foundations and other equipment used for the extraction of natural gas. Petroleum waste products if on site should be contained in secondary containment and disposed of properly. Gravel, road base and large cobbles installed on site for surface stabilization controls will be removed. Disposal and/or reuse method of gravel will be left to the discretion of the operator. 3.2 Stage Two (Substrate Preparation) In both phases of reclamation, the condition of the soil is very important for the establishment of a healthy self-sustaining environment. Locations where the soil has noticeable spills will have the contaminated soil removed or remediated, and disposed of in accordance with County and COGCC waste management regulations (refer to Ursa waste management plan). In the phase of final reclamation when active operations have ceased the substrate void of chemical presence, and gravel that was applied to the location during operations removed, reclamation efforts will take place. To alleviate soil compaction, the substrate will be cross ripped to a depth of 18 inches. Cross ripping will take place when the soil moisture is below 35 percent of field capacity. The cross ripping is specified by the COGCC under the 1000 Series Rules. The substrate shall be contoured to emulate the surrounding lands topography. Pre -disturbance photographs and visual extrapolations are to be used to create this contour. The soil used to contour the landscape will be applied in accordance to the order it was removed (i.e. first off, last on). This practice will ensure that the soil is applied to the appropriate horizon from which it was taken initially. Salvaged topsoil will be distributed across the entire disturbed area at a depth of six (6) to twelve (12) inches depending upon the landowner use agreement if possible. Should there be a shortage of topsoil available on site, the contractor will be responsible for replacement of lost or degraded topsoil with topsoil imported from an approved and certified weed -free source. 5 3.3 Stage Three (Planting/Timing) In both phases of reclamation, seedbed preparation will consist of scarifying, tilling or harrowing seedbed to a depth of three (3) to four (4) inches post ripping. This will occur just prior to seeding. Drill seeding will be performed at a depth of 0.5 inches, seed will be covered with soil and lightly compacted to ensure good seed to soil contact. Seed will be applied using a rangeland seed drill with a seed release and agitation mechanism sufficient to allow seeds of various size and density to be planted at the proper seeding depth. The seed mix for each reclamation project will be an approved Seed Mix (Appendix B). Certified weed free straw will be applied at a rate 2,000 lbs/acre and crimpled in place following drill seeding. Ideally planting will occur in the fall, before the first snow of the season. Early October is optimal. If possible, planting should occur in conjunction with a predicted precipitation event. By positioning the seed below the snow fall or rain, the seed will receive good contact with the soil and utilize the benefits of the precipitation. Spring planting can be conducted after the frost line is gone from the soil. During both phases of final reclamation, the seed mix associated with this site will be used. 6 4.0 Storm Water Mitigation 4.1 Best Management Practices (BMPs) To avoid erosion of topsoil and seed transport from storm events, Best Management Practices (BMPs) will be installed where applicable on the perimeter of any location being reclaimed. Given the location of the site, surface roughening and pocking will reduce storm water impact and capture and retain precipitation. This will aid in the germination of the seed and increase seedling survival. 4.2 Reclamation Monitoring Monitoring of the vegetative progress is vital to ensure that proper procedures were implemented on the location. Monitoring will allow for early response to potential problems encountered during the reclamation process. Identifying challenges to the reclamation goals at an early stage will allow for adequate time to formulate a response to the situation. By identifying potential complications early in the process, the future costs associated with rehabilitation will be minimized for the operator. If the treatments do not show the desired outcome, additional actions will be taken to reach reclamation goals. After the source of the problem is identified, careful attention will be paid to the timing of the supplemental treatment. If treatments such as seeding are not carried out at the proper time, the treatment will not be effective and to the operator will be increased rehabilitation costs. Monitoring activities will examine several parameters including: the condition of implemented BMPs, growth state and success rate of areas seeded, presence and location of noxious weeds, and possible sources of failure for reclamation processes. Photo documentation is required for all the above parameters for high-quality progress tracking. After the initial reclamation amendments are applied, and CDPHE requirements of 70 percent pre -disturbance levels have been met as well as COGCC requirements of 80 percent vegetative cover, a tri -annual monitoring scheme will be implemented. Monitoring activities will occur in the spring, summer and fall. Qualified individuals will carry out visual surveys and transects on site. Monitoring will occur until COGCC requirements of 80% desired vegetation has been reached. 7 5.0 References Colorado Oil and Gas Conservation Commission (COGCC). 2008. Rule 1000 series U.S. Geological Survey (USGS), variously dated, National field manual for the collection of water -quality data: U.S. Geological Survey Techniques of Water -Resources Investigations, book 9, chaps. Al -A9, available online at: http ://pubs.water.usgs. gov/twri9A 8 Morrisania Underwood Watson Ranch Ridge Station Ursa MMPAN Battlement Mesa Field Field Asset Highways El Planned Asset = County Roads Field Boundary - Local Roads 0 0.25 0.5 Miles Author: M. Spinelli SIA Revision: 0 Date: 10/1/2014 }Er Coup, TA sor hr Ilksa OPERATING Rate will be doubled for hand broadcast seeding Low Elevation Salt -Desert Scrub Seed Mix (BLM) Species Ursa Dry Land Pasture Mix Lbs/acre PLS (Pure Live Seed) Species Indian Ricegrass lbs/ace PLS (Pure Live Seed) Timothy Galleta 1.5 4.5 Smooth Brome 2.5 Alkali Sacaton 4.5 Tall Fescue Streambank Wheatgrass Sandberg Bluegrass 3.5 Annual Rye 1.8 2.5 0.3 Total lbs/acre 15.0 lbs/acre Rate will be doubled for hand broadcast seeding Low Elevation Salt -Desert Scrub Seed Mix (BLM) Species Species Lbs/acre PLS (Pure Live Seed) Fourwing Saltbush Indian Ricegrass 1.9 Shadscale Galleta 1.5 Galleta Bluebunch Wheatgrass 2.5 Alkali Sacaton Muttongrass 0.2 Streambank Wheatgrass Sandberg Bluegrass 2.5 Slender Wheatgrass 1.8 Sandberg Bluegrass 0.3 11.7 lbs/acre Total lbs/acre 10.7 lbs/acre Rate will be doubled for hand broadcast seeding Rate will be doubled for hand broadcast seeding Mixed Mountain Shrubland Seed Mix (BLM) Pinyon -Juniper Woodland Seed Mix (BLM) Species Lbs/acre PLS (Pure Live Seed) Lbs/acre PLS (Pure Live Seed) Indian Ricegrass 3.4 1.9 Galleta 3.7 2.5 Bluebunch Wheatgrass 2.7 2.8 Muttongrass 3.3 3.3 Sandberg Bluegrass 0.6 0.6 0.6 0.6 Total lbs/acre 11.7 lbs/acre Rate will be doubled for hand broadcast seeding Mixed Mountain Shrubland Seed Mix (BLM) Species Lbs/acre PLS (Pure Live Seed) Thickspike Wheatgrass 3.4 Bluebunch Wheatgrass 3.7 Bottlebrush Squirreltail 2.7 Slender Wheatgrass 3.3 Canby Bluegrass 0.6 Mutton Bluegrass 0.6 Letterman Needlegrass 1.7 Columbia Needlegrass Total lbs/acre 1.7 Indian Ricegrass 1.9 Junegrass 0.1 Total lbs/acre 19.7 Rate will be doubled for hand broadcast seeding Spruce-Fur/Mountain Meadow Seed Mix (BLM) Species Lbs/acre PLS (Pure Live Seed) Mountain Brome 5.8 Slender Wheatgrass 3.3 Letterman Needlegrass 3.5 Blue Wildrye 4.8 Thickspike Wheatgrass 3.4 Idaho Fescue 1.2 Wheeler Bluegrass 0.6 Total lbs/acre 22.6 Rate will be doubled for hand broadcast seeding Appendix C-1 Battlement Mesa C.1.1 Site Location Battlement Mesa starts in Township 7 South Range 96 West along the west boundary of sections 23 and 26 to the east boundary of Township 7 South Range 95 West and from Interstate 70 south to the south boundary of sections 25-30 in Township 7 South Range 95 West and sections 25-26 in Township 7 South Range 96 West. C.1.2 Soil Characteristics According to the Natural Resource Conservation Service (NRCS), the project area of Battlement Mesa consists of the following soils: • Arvada loam, (6-20%): This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. Average annual precipitation is 12 inches. Average annual air temperature is about 48 degrees F and the average frost free period is 120 days. Permeability is very slow and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is moderately rapid and the hazard of water erosion is severe. • Bucklon-Inchau loams, (25-50%): These moderately sloping to very steep soils are on ridges and mountainsides. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 18 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. The Bucklon soil is shallow and well drained. Permeability of the Bucklon soil is slow and available water capacity is very low. The effective rooting depth is 10 to 20 inches. Runoff is medium and the hazard of water erosion is severe. The Inchau soil is moderately deep and well drained. Permeability of the Inchau soil is moderate and available water capacity is moderate. The effective rooting depth is 20 to 40 inches. Runoff is medium and the hazard of water erosion is severe. • Ildefonso stony loam, (6-25%): This deep, well drained, moderately sloping to hilly soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. • Idefonso stony loam, (25-45%): This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. • Morval loam, (3-12%): This deep, well drained, gently sloping to rolling soil is on mesas and sides of valleys. Elevation ranges from 6,500 to 8,000 feet. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is 100 days. Permeability is moderate and available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is slight. • Morval-Tridell complex, (6-25%): These moderately sloping to hilly soils are on alluvial fans and sides of mesas. Elevation ranges from 6,500 to 8,000 feet. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is 100 days. The Morval soil is deep and well drained. Permeability of the Morval soil is moderate and available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is slight. The Tridell soil is deep and well drained. Permeability of the Tridell soil is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. • Nihill channery loam, (1-6%): This deep, well drained, nearly level to gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is moderate. • Potts loam, (3-6%): This deep, well drained, moderately sloping soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. Permeability is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is moderate. • Potts loam, (6-12%): This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. Permeability is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is severe. • Potts-Ildefonso complex, (12-25%): These strongly sloping to hilly soils are on mesas, alluvial fans, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. The Potts soil is deep and well drained. Permeability of the Potts soil is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. The Ildefonso soil is deep and well drained. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. • Torriorthents-Camborthids-Rock outcrop complex, (steep): This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep. Torriorthents are shallow to moderately deep. Camborthids are shallow to deep. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Elevation ranges from 5,000 to 8,500 feet. The average annual precipitation is about 10 to 15 inches, the average annual air temperature is 39 to 46 degrees F, and the average frost -free period is 80 to 105 days. • Torriorthents-Rock outcrop complex, (steep): This broadly defined unit consists of exposed sandstone and shale bedrock, and stony soils that are shallow to moderately deep. Torriorthents are shallow to moderately deep. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Elevation ranges from 5,000 to 8,500 feet. The average annual precipitation is about 10 to 15 inches, the average annual air temperature is 39 to 46 degrees F, and the average frost -free period is 80 to 105 days. • Wann sandy loam, (1-3%): This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is 120 days. Permeability is moderately rapid and available water capacity is high. The effective rooting depth varies with the level of the water table but is about 2 feet. Runoff is slow and the hazard of water erosion is moderate. Stormwater Permit Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 Colorado Department of Public Health and Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03K566 This Certification to Discharge specifically authorizes: Ursa Operating Co LLC to discharge stormwater from the facility identified as Battlement Mesa Well Field To the waters of the State of Colorado, including, but not limited to: Battlement Creek and Dry Creek - Colorado River Facility Industrial Activity : Oil and Gas Production and/or Exploration, Facility Located at: 170 and Battlement Pkwy, Battlement Mesa Garfield County, CO 81636 Latitude 39.443, Longitude -108.009 Certification is effective: 5/21/2013 Certification Expires: 6/30/2012 ADMINISTRATIVELY CONTINUED This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Signed, Nathan Moore Construction/MS4/Pretreatment Unit Manager Water Quality Control Division Page 1 of 22 STATE OF COLORADO John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH Executive Director and Chief Medical Officer Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado http://www.cdphe.state.co.us 5/21/2013 Robert W Bleil, Reg and Env Mgr Ursa Operating Co LLC 1050 17 St Ste 2400 Denver, CO 80202 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 RE: Certification, Colorado Discharge Permit System Permit No., COR030000, Certification Number: COR03K566 Dear Mr./Ms. Weil; Colorado Department of Public Health and Environment The Water Quality Control Division (the Division) has reviewed the application submitted for the Battlement Mesa Weil Field facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. Facility: Battlement Mesa Well Field Garfield County Construction Activities: Oil and Gas Production and/or Exploration, Legal Contact (receives all legal documentation pertaining to the permit certification): Robert W Bleil, Reg and Env Mgr Phone number: 970-625-9922 Ursa Operating Co LLC Email: rbleil@ursaresources.com 1050 17 St Ste 2400 Denver, CO 80202 Facility Contact (contacted for general inquiries regarding the facility): Robert W Bleil, Reg and Env Mgr Billing Contact (receives the invoice pertaining to the permit certification): Robert W Bleil, Reg and Env Mgr Ursa Operating Co LLC 1050 17 St Ste 2400 Denver, CO 80202 Any changes to the contacts listed above must be provided to the Division on a Change of Contact form. This form is available on the Division's website at coloradowaterpermits.com, Phone number: 970-625-9922 Email: rbleil@ursaresources.com Phone number: 970-625-9922 Email: rbleil@ursaresources.com The Annual Fee for this certification is $245.00, and is invoiced every July. Do Not Pay This Now. The initial prorated invoice will be sent to the legal contact shortly. The Division is currently developing a new permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. The Construction Stormwater General Permit, which will expire June 30, 2012, will be administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act, C.RS, 1973, 24-4-101, et seq (1982 rept. vol. 10) until a new permit/certification is issued and effective. The renewal for this facility will be based on the application that was received 5/14/2013. Please read the enclosed permit and certification. If you have any questions please contact Kathleen Rosow, Environmental Protection Specialist, at (303) 692-3521. Sincerely, Karen Harford, Administrative Assistant II WATER QUALITY CONTROL DIVISION Enclosures: Certification page; General Permit; Highlight Sheet; Termination form xc: Permit File /keh cert Weed Management Plan Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 U.S. Operations 792 Bockhorn Drive Rifle, CO 81650 (720)5808350 OPERATING COMPANY Noxious Weed Management Plan Battlement Mesa PUD Garfield County, Colorado June 2013 Revision #: 1 (April 2015) Table of Contents 1. Introduction 1 2. Site Characterization 1 3. Weeds of Concern 2 4. Weed Inventory 2 5. Treatment Methods 2 5.1 Preventative Methods 3 5.3 Physical and Mechanical Methods 3 5.4 Biological Control Methods 3 5.5 Chemical Control 3 6. Treatment Recommendations 3 6.1 Pad Surfaces 3 6.2 ROWs and Surrounding Lands 3 6.3 Special Requirements 4 7. Management Strategies 4 7.1 Prevention 4 7.2 Revegetation and Rehabilitation 4 S. Conclusion 4 9. Amendments 5 10. Noxious Weed Management Resource Guide 6 11. References 7 B.1.2 Soil Characteristics 2 List of Figures Figure 1 Overview Map Figure 2 Soils Map Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan i Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G List of Appendices Asset Locations (PLSS) NRCS Soil Descriptions Colorado Noxious Weed List Garfield County Noxious Weed List Annual Weed Survey Maps Noxious Weed Inventory Form Noxious Weed Summary Documents Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 1. Introduction The Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5) declares that certain undesirable plants constitute a threat to the "continuous economic and environmental value of lands of the state" and requires that these "noxious weeds" be managed on private and public lands. The Act further declares that control of noxious weeds should use methods that are least damaging to the environment but also practicable and economically reasonable. Ursa Operating Company, LLC (Ursa) started operations in the Piceance on April 1, 2013 and will be responsible for management of noxious and undesirable species identified on land leased associated with these assets. The local government(s) management of noxious weeds for Ursa assets (known as Battlement Mesa), is Garfield County which requires that land owners or persons or entities leasing the land within the county manage noxious weed infestations on their respective land. By implementing a Noxious Weed Management Program, adverse economic and environmental impacts will be minimized for Ursa and surrounding stakeholders. Maintaining control of noxious weed populations within Ursa assets is important to keep the cost of noxious weed abatement, stormwater, and revegetation to a minimum. Since the three (3) elements are intertwined; improvement in one (1) area will facilitate improvements in the other areas of concern. It is also vital that the expansion of noxious weeds from Ursa assets to private land not associated with oil and gas exploration is monitored closely to ensure weed abatement measures are effective. For the most successful management of noxious weeds, regular communication between Ursa and property owners with adjacent land should be developed. This plan is intended to provide Ursa with a noxious weed management outline for the area of concern — in this instance, the asset known as Battlement Mesa. The objectives of the plan include: providing basic environmental information about the sites, locating and mapping of noxious weed populations, outlining and evaluating possible treatment methods, and establishing preventative measures to minimize noxious weed expansion. This plan will also provide an amendable document for current and future Ursa land managers. 2. Site Characterization Ursa assets covered under this plan are located in Garfield County in western Colorado (refer to Figure 1 for a map and Appendix A for listed locations). The assets can be found using the Public Land Survey System (PLSS) in Appendix A or by reviewing the map in Figure 1. The vegetative communities that characterize these sites include: sagebrush, rubber Rabbitbrush, snakeweed, Gambel oak, bunch grasses and pinyon juniper. This highland is characterized by moderate moisture levels, moderate temperatures and a moderate growing season. Snow is typically present on site from mid-November to late -March, with an average of 80-90 frost days per year. The soil type varies across assets. For more information on soil type, refer to Appendix B and Figure 2. The potential treatment area with regards to noxious and undesirable species will include appropriate and applicable pads, right of ways (ROWs) including access roads and pipeline ROWs, topsoil stockpile if applicable, and land surrounding the Ursa assets that has been disturbed by related Ursa activity. Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 1 3. Weeds of Concern To meet the requirements of the Colorado Noxious Weed Act (ACT), the operator shall conduct prescribed management techniques for noxious weeds control and prevention. Species warranting prescribed management control and prevention are included within the Colorado Noxious Weed Lists: List A — designated for statewide eradication; List B — managed to prevent further spread and, for selected species, designated for eradication in large areas; and List C — of more localized concern, but for which the State will provide education, research, and biological control assistance to jurisdictions that choose to manage the species. The complete Colorado Noxious Weed List can be found in Appendix C. In addition to the state wide weed list, individual counties have their own noxious weed lists. The county lists are comprised of noxious weeds from the state list that are more specific to the area of concern. Garfield County has designated twenty (21) of the seventy four (74) species from the Colorado Noxious Weed List to be likely species found in the vicinity of their jurisdiction. Appendix D contains the Garfield County Weed List, and specific details can be acquired through the Garfield County Noxious Weed Management Plan available online. 4. Weed Inventory Noxious weed surveys are conducted on Ursa assets prior to any earth disturbing activities. Please refer to Garfield County Impact Analysis for the BMC D well pad location for the weed survey. Additional surveys will be conducted annually by qualified individuals to ensure noxious weed treatments and noxious weed populations. Populations of noxious weed infestations will be mapped by qualified individuals using global positioning units (GPS) units. The Noxious Weed Inventory Form, Appendix F, can be used to provide supplemental survey information if the surveyor deems it appropriate. The surveys will provide a way to identify new noxious weed populations as well as an assessment tool for previously treated populations. The inventory is to be updated as the surveys are performed. There will be an annual review to assess the overall noxious weed populations and success of treatments applied. 5. Treatment Methods The treatment methods and descriptions listed below were obtained from the Mesa County Noxious Weed Management Plan (Mesa County, 2009). Management techniques include preventative, cultural, physical/mechanical methods, biological and chemical approaches. Optimal noxious weed management methods will vary with the environmental variables of the area of interest. Soil type and stability, grade, moisture regimes, growing season, pre-existing noxious weed populations, land use, water availability, weed type and stage of growth as well as the intensity of the infestations should all be taken into account when preparing a noxious weed management plan. The management methods should have minimal impact on the environment and be economically fitting for the Operator in charge of implementing the noxious weed management program. When assessing weed management on a property, it is important to evaluate possible modes of transportation for the noxious species. Areas to take into account include; waterways, roads, game trails, areas with livestock and equipment storage sites to name a few possibilities. The Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 2 transportation of noxious species is a problem shared by all the stakeholders in the affected area. Good communication should be established between the affected parties for proper management of the noxious weed populations. Most management plans utilize a combination of the treatments outlined below. 5.1 Preventative Methods Preventative methods include practices involving good land stewardship. These practices include, but are not limited to; using weed free certified products, erosion control measures, and regularly cleaning equipment. 5.2 Cultural Methods Cultural methods facilitate competition from desirable plants through actions such as; dense seeding, irrigation, carefully monitored grazing practices and fertilization. 5.3 Physical and Mechanical Methods Physical and mechanical methods include mowing, disking, hand removal, plowing, burning and solarization. The goal of these methods is predominantly to prevent seed production. Roots should be severed at least two (2) inches below the soils surface for optimal control. 5.4 Biological Control Methods Biological control methods involve the introduction of living organisms that are deleterious to the noxious weed species. This method is only applicable for infestations larger than five (5) acres in size, and rarely provides complete control of the noxious species. Frequent monitoring must be carried out with this method. 5.5 Chemical Control Chemical control can offer the most effective means of noxious weed control when applied at the appropriate time. Not all herbicides are equally effective against all weeds, nor can every herbicide be used in all settings. The respective herbicide applicator should consult with a weed manual before applying any herbicide to the land. 6. Treatment Recommendations 6.1 Pad Surfaces It is recommended that the area directly adjacent to structures be treated with a bare ground herbicide. The bare ground treatment will be applied once a year or as needed to a ten (10) foot perimeter around the structures located on Ursa developments. All other areas are to be spot treated with an appropriate herbicide. 6.2 ROWs and Surrounding Lands Ursa assets should be treated with a selective herbicide appropriate for the species where the noxious weed is found. The appropriate chemical to be applied will be determined by the licensed herbicide applicator. The specific herbicide applied will vary depending on the landowner, time of year and the stage of growth the plant has obtained at the proposed Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 3 treatment date. The Bureau of Land Management (BLM) must be contacted prior to treatment on Federal lands. 6.3 Special Requirements At this point in time there are not any special requirements for Ursa assets or the associated ROWs with regards to management of noxious weeds or other undesirable species. Any and all special requirements will be amended to the document as soon as practicable. 7. Management Strategies 7.1 Prevention Taking preventative measures to abate the spread of noxious weeds is critical for proper land management. Noxious weeds can become established on or near disturbed land very rapidly and have the capacity, capability and potential to spread quickly to other areas. Noxious weed seeds and vegetative matter can be transported by means of animals, vehicles, shoes, and hay to name a few examples of transportation. Operators should be aware of established noxious weed populations and the possible transport mechanisms on their property and surrounding properties. 7.2 Revegetation and Rehabilitation After an area has been successfully eradicated of noxious species, or before establishment has taken place, actions to revegetate the disturbed area should be taken to minimize the chance of noxious weed establishment. If the disturbed land has desired species growing as a result of revegetation efforts, competition with noxious species will be increased. Therefore, the potential and capability of the noxious weed to establish in the disturbed area is limited. Noxious weed management strategies for Ursa will include a monitoring program. Surveys will be carried out between the months of April and October. Noxious weed populations will be monitored at this point through qualitative visual interpretation as well as mapping. 8. Conclusion This noxious weed management plan provides an outline for the treatment and management of noxious weeds. Please refer to Appendix G for the Noxious Weed Summary Documents which provide contact information as well as general information pertaining to Ursa assets. An annual report will be compiled to assess the overall management program. Noxious weed control is critical to guarantee the environment is preserved for future generations to enjoy and utilize. Adhering to this management guide will aid Ursa in managing noxious weeds encountered during active involvement at developed sites. These recommendations are not intended to be used as a definitive guide for noxious weed management. Herbicide recommendations are available from both the state and local governments and/or licensed applicators. Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 4 9. Amendments Please make note of any supplemental information as it becomes available in this section. Date Notes and Initials 2/21/14 Appendixes G, H have been amended. Maps have been updated. KL 12/15/14 Maps have been updated 4/16/15 Plan has been amended to reflect all sites within Battlement Mesa Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 5 10. Noxious Weed Management Resource Guide Garfield County Vegetation Management Steve Anthony — Garfield County Vegetation Manager P.O. Box 426, 0298 Cr 333A Rifle, CO 81650 Phone: 970.945.1377 ext. 4305 Fax: 970.625.8627 Email: santhony@garfield-county.com Colorado Weed Management Association Phone: 303.779.7939 http://www.cwma.org Colorado Department of Agriculture Division of Plant Industry- Biological Control Section P.O. Box 400 Palisade, CO 81526 Phone: 970.464.7916 Colorado Department of Agriculture Steve Ryder, State Weed Coordinator Noxious Weed Program Division of Conservation Services 700 Kipling Street, Suite 4000 Lakewood, CO 80215 Phone: 303.239.4173 www.ag.state.co.us/dpi/weeds/weed.html Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 6 11. References Colorado Department of Agriculture. (May 2013). Noxious Weed Species. Retrieved from http://www.colorado.govics/Satellite/ag Conservation/CBON/1251618 87443 8 Garfield County. (May 2001). Garfield County Noxious Weed Management Plan. Retrieved from http://www.garfield-county.com/vegetation-management/documents/ weed management_plan_adopted_.pdf Mesa County, Division of Pest Management. (November 2009). Mesa County Noxious Weed Management Plan. Retrieved from http://www.mesacounty.us/mcweb/pestcontrol/ weeds.pdf Pitkin County. (March 2010). Pitkin County Noxious Weed Management Plan. Retrieved from http://www.aspenpitkin.com/Departments/Public-Works/Land-Management/Weed-Management- Plan/ United States Department of Agriculture, Natural Resources Conservation Service. (2008). Soil Survey Information. Retrieved from: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Whitson, T. D., Burrill, L.C., Dewey, S.A., Cudney, D.W., Nelson, B.E., Lee, R.D., & Parker, R. (2006). Weeds of the West (9th ed.). Laramie, WY: University of Wyoming Ursa Operating Company Battlement Mesa PUD Noxious Weed Management Plan 7 Figure 1: Overview Maps APPENDIX A 111•111•111•111•111•111•111•111•111•111•111•111•11111 Tompkins -ti e Moriri a j Underwood _Raw: 0 Yater Sch Watson Ranch 0 0 Watson Ranch B 0 Monument Ridge 1 Miles lid #riff��►, J r ■. Battlement T fi es-FieliliP II.III.I/D � J�x - aque 0 4 8 8 own Miles Notes / Comments: Surface Ownership Private BLM State Park Service USFWS Other Federal Forest Service Ursa' COMPANY Field Location Map for Stormwater Battlement Mesa 39.433 -108.029 Township 7 South, Range 95 West ▪ Planned Assets ▪ Active Development Waterbody Highways = County Road Intermittent Stream Perennial Stream Author: Hall Revision: 0 Date: 4/13/2015 Figure 2: Soil Map Appendix A: Asset Locations within the Public Land Survey System (PM 6) Battlement Mesa Asset Sixth Central Meridian: T6S, R95W, Sections 25 and 32-36 T7S, R95W, Sections 1-4, 5, 6, and 7-30 T7S, R96W, Sections 12, 13, 18 23, 24, 25 and 26 Appendix B: National Resource Conservation Service (NRCS) Soil Descriptions Appendix B-1 Battlement Mesa B.1.1 Site Location Battlement Mesa starts in Township 7 South Range 96 West along the west boundary of sections 23 and 26 to the east boundary of Township 7 South Range 95 West and from Interstate 70 south to the south boundary of sections 25-30 in Township 7 south Range 95 west and sections 25-26 in Township 7 south Range 96 west. Locations are on private property located within Garfield County. B.1.2 Soil Characteristics According to the Natural Resource Conservation Service (NRCS), the project area of Battlement Mesa consists of the following soils: Arvada loam, (6-20%): This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. Average annual precipitation is 12 inches. Average annual air temperature is about 48 degrees F and the average frost free period is 120 days. Permeability is very slow and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is moderately rapid and the hazard of water erosion is severe. Bucklon-Inchau loams, (25-50%): These moderately sloping to very steep soils are on ridges and mountainsides. Elevation ranges from 7,000 to 9,500 feet. The average annual precipitation is about 18 inches, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. The Bucklon soil is shallow and well drained. Permeability of the Bucklon soil is slow and available water capacity is very low. The effective rooting depth is 10 to 20 inches. Runoff is medium and the hazard of water erosion is severe. The Inchau soil is moderately deep and well drained. Permeability of the Inchau soil is moderate and available water capacity is moderate. The effective rooting depth is 20 to 40 inches. Runoff is medium and the hazard of water erosion is severe. Ildefonso stony loam, (6-25%): This deep, well drained, moderately sloping to hilly soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. Idefonso stony loam, (25-45%): This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. Morval loam, (3-12%): This deep, well drained, gently sloping to rolling soil is on mesas and sides of valleys. Elevation ranges from 6,500 to 8,000 feet. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is 100 days. Permeability is moderate and available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is slight. Morval-Tridell complex, (6-25%): These moderately sloping to hilly soils are on alluvial fans and sides of mesas. Elevation ranges from 6,500 to 8,000 feet. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is 100 days. The Morval soil is deep and well drained. Permeability of the Morval soil is moderate and available water capacity is moderate. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is slight. The Tridell soil is deep and well drained. Permeability of the Tridell soil is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. Nihill channery loam, (1-6%): This deep, well drained, nearly level to gently sloping soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 13 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is 125 days. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is moderate. Potts loam, (3-6%): This deep, well drained, moderately sloping soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. Permeability is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is slow and the hazard of water erosion is moderate. Potts loam, (6-12%): This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. Permeability is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is severe. Potts-Ildefonso complex, (12-25%): These strongly sloping to hilly soils are on mesas, alluvial fans, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is 120 days. The Potts soil is deep and well drained. Permeability of the Potts soil is moderate and available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. The Ildefonso soil is deep and well drained. Permeability is moderately rapid and available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium and the hazard of water erosion is moderate. Torriorthents-Camborthids-Rock outcrop complex, (steep): This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep. Torriorthents are shallow to moderately deep. Camborthids are shallow to deep. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Elevation ranges from 5,000 to 8,500 feet. The average annual precipitation is about 10 to 15 inches, the average annual air temperature is 39 to 46 degrees F, and the average frost -free period is 80 to 105 days. Torriorthents-Rock outcrop complex, (steep): This broadly defined unit consists of exposed sandstone and shale bedrock, and stony soils that are shallow to moderately deep. Torriorthents are shallow to moderately deep. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Elevation ranges from 5,000 to 8,500 feet. The average annual precipitation is about 10 to 15 inches, the average annual air temperature is 39 to 46 degrees F, and the average frost -free period is 80 to 105 days. Wann sandy loam, (1-3%): This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is 120 days. Permeability is moderately rapid and available water capacity is high. The effective rooting depth varies with the level of the water table but is about 2 feet. Runoff is slow and the hazard of water erosion is moderate. Appendix C: Colorado Noxious Weed Lists List A Noxious Weed Species In accordance with the revised Colorado Noxious Weed Act, 35-5.5-101-119 rev. 2003, which re - categorized the State noxious weed list into three lists, all populations of List A species in Colorado are designated by the Commissioner for eradication. African Rue Peganum harmala Camelthorn Alhagi pseudalhagi Common Crupina Crupina vulgaris Cypress Spurge Euphorbia cyparissias Dyer's Woad Isatis tinctoria Elongated Mustard Brassica elongata Giant Reed Arundo donax Giant Salvinia Salvinia molesta Hydrilla Hydrilla verticillata Japanese Knotweed Polygonum cuspidatum Giant Knotweed Polygonum sachalinense Bohemian Knotweed Polygonum x bohemicum Meadow Knapweed Centaurea pratensis Mediterranean Sage Salvia aethoiopis Medusahead Taeniatherum caput -medusae Myrtle Spurge Euphorbia myrsinites Orange Hawkweed Hieracium aurantiacum Purple Loosestrife Lythrum salicaria Rush Skeletonweed Chondrilla juncea Squarrose Knapweed Centaurea virgata Tansy Ragwort Senecio jacobaea Yellow Starthistle Centaurea solstitialis List B Noxious Weed Species List B noxious weeds are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, develop and implements state noxious weed management plans designed to stop the continued spread of these species. Absinth Wormwood Artemisia absinthium Black Henbane Hyoscyamus niger Bouncingbet Saponaria officinalis Bull Thistle Cirsium vulgare Canada Thistle Cirsium arvense Chinese Clematis Clematis orientalis Common Tansy Tanacetum vulgare Common Teasel Dipsacus fullonum Corn Chamomile Anthemis arvensis Cutleaf Teasel Dipsacus laciniatus Dalmatian Toadflax, broadleaved Linaria dalmatica Dalmatian Toadflax, narrow -leaved Linaria genistifolia Dame's Rocket Hesperis matronalis Diffuse Knapweed Centaurea diffusa Eurasian Watermilfoil Myriophyllum spicatum Hoary Cress Cardaria draba Houndstongue Cynoglossum officinale Jointed Goatgrass Aegilops cylindrica Leafy Spurge Euphorbia esula Mayweed Chamomile Anthemis cotula Moth Mullein Verbascum blattaria Musk Thistle Carduus nutans Oxeye Daisy Chrysanthemum leucanthemum Perennial Pepperweed Lepidium latifolium Plumeless Thistle Carduus acnathoides Quackgrass Elytrigia repens Russian Knapweed Acroptilon repens Russian Olive Elaeagnus angustifolia Salt Cedar* Tamarix chinensis, T. parviflora, and T ramosissima Scentless Chamomile Matricaria perforate Scotch Thistle Onopordum acanthium, O. tauricum Spotted Knapweed Centaurea maculosa Spurred Anoda Anoda cristata Sulfur Cinquefoil Potentilla recta Venice Mallow Hibiscus trionum Wild Caraway Carum carvi Yellow Nutsedge Cyperus esculentus Yellow Toadflax Linaria vulgaris * Tamarisk is a noxious weed "preferred to be controlled" rather than mandatory List C Noxious Weed Species List C noxious weeds are species for which the Commissioner will develop and implement state noxious weed management plans designed to support the efforts of local governing bodies to facilitate more effective integrated weed management on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide additional education research, and biological control resources to jurisdictions that choose to require management of List C species. Source: From the Department of Agriculture, Plant Industry Division, 8 CCR 1203-19, Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act. Bulbous Bluegrass Poa bulbosa Chicory Cihorum intybus Common Burdock Arctium minus Common Mullein Verbascum thapsus Common St. Johnswort Hypericum perforatum Downy Brome Bromus tectorum Field Bindweed Convolvulus arvensis Halogeton Halogeton glomeratus Johnsongrass Sorghum halepense Perennial Sowthistle Sonchus arvensis Poison Hemlock Conium maculatum Puncturevine Tribulus terrestris Redstem Filaree Erodium cicutarium Velvetleaf Abutilon theophrasti Wild Proso Millet Panicum miliaceum Colorado Noxious Weed "Watch List" Species Species in the following "Watch List" are those that the state of Colorado has identified has potential threats to environmental and agricultural health and productivity. For these species, early identification and reporting is recommended as prevention is considered the best way of preventing these species from joining the preceding noxious weed lists and warranting more intensive treatment. Asian Mustard Brassica tournefortii Baby's Breath Gypsophilia paniculata Bathurst Burr / Spiney Cocklebur Xanthium spinosum Common Bugloss Anchusa officinalis Common Reed Phragmites australis Flowering Rush Butomus umbellatus Garlic Mustard Alliaria petiolata Hairy Willow -herb Epilobium hirsutum Himalayan Blackberry Rubus armeniacus Japanese Blood Grass / Cogongrass Imperata cylindrica Meadow Hawkweed Hieracium causpitosum Onionweed Asphodelus fistulosus Pampas Grass Cortideria jubata Scotch Broom Cytisus scoparius Sericea Lespedeza Lespedeza cuneata Swainsonpea Sphaerophysa salsula Syrian Beancaper Zygophyllum fabago Water Hyacinth Eichhornia Crassipes Water Lettuce Pistia stratiotes White Bryony Bryonia alba Woolly Distaff Thistle Carthamus lanatus Yellow Flag Iris Iris pseudacorus Appendix D: Garfield County Noxious Weed List, taken from the Garfield County Noxious Weed Management Guide, 2002 Leafy Spurge Euphorbia esula Russian Knapweed Acroptilon repens Yellow Starthistle Centaurea solstitalis Plumeless Thistle Carduus acanthoides Houndstongue Cynoglossum officinale Common Burdock Arctium minus Scotch Thistle Onopordum acanthium Canada Thistle Cirsium arvense Spotted Knapweed Centaurea maculosa Diffuse Knapweed Centaurea diffusa Dalmatian Toadflax Toadflax Linaria dalmatica Yellow Toadflax Linaria vulgaris Hoary Cress Cardaria draba Salt Cedar Tamarix parviflora; Tamarix ramosissima Oxeye Daisy Chrysanthemum leucantheum Jointed Goatgrass Aegilops cylindrica Chicory Cichorium intybus Musk Thistle Carduus nutans Purple Loosestrife Lythrum salicaria Russian Olive Elaeagnus angustifolia Appendix E: Annual Weed Survey Maps (Separate Binder) Legend N Canada thistle = Canada thistle O Common burdock Russian knapweed • Houndstongue Tamarisk • Russian knapweed I= 30 Meter Weeds Survey Area • Tamarisk Pad Disturbance Cheatgrass County Road BLM Figure 1 Ursa Operating Company BMC B & D Pads Integrated Vegetation and Noxious Weeds Management Plan nWestWater Engineering Consulting Engineers & Scientists 0 200 400 690 Feet September 2014 ap Snurce Z:lCardilleran Onmplrance Serijice sson ssocr. rsa a s igure 1 IVNWMPirn4 9110/20 Appendix F: Noxious Weed Site Specific Inventory Form Noxious Weed Inventory Form Date Surveyors Location Name of Waypoint Lat: Long: Photo Species Size Growth Stage Sensitive? New Site? Notes Appendix G: Noxious Weed Summary Documents Date: April 16, 2015 Project Name: Battlement Mesa PUD. Permittee Name: Ursa Operating Company, LLC Permittee Corporate Address: Ursa Operating Company, LLC 792 Buckhorn Drive Rifle, CO 81650 Permittee Contact: Mr. Dwayne Knudson Permittee Contact Phone Number(s): 970-625-9922 Permittee Contact email address: dknudson@ursaresources.com Property Owner: Private and Public lands County Assessor's Parcel No.: Multiple Address/Location of Property: Property Owner Phone Number(s): Property Owner email address (optional): Name & Address of Qualified Individual or Company Submitting Weed Plan: HRL Compliance Solutions, Inc. 2385 F'/2 Road, Grand Junction, CO 81505 Kay Lambert Phone Number(s): 970.243.3271 Email: klambert@hrlcomp.com Authorized Signature: Print Authorized Name: Kay Lambert Land Use Objectives: ▪ All noxious weeds, as defined in the Garfield County or List A and List B species slated for eradication or suppression in Garfield County by State Law (CRS 35-5.5), will be managed in all disturbed areas of the proposed project using recommendations in Garfield County or other biologically - based recommendations. ▪ All State List A and List B populations to be eradicated and any other species slated by the County for eradication will be reported upon discovery to the County Weed and Pest Inspector. ▪ The applicant/permittee and their designees agree to respond to landowner complaints about noxious weeds during development of the project site and take action to control such weeds when there is a complaint. Where do the weed(s) occur? (Check all that appl IDitch, waterway, roadside or corral Irrigated • Non -irrigated pasture pad/perimeter Well pad, compressor/pump station, etc. ❑ Other (describe): Rangeland Pipeline Easement, utility corridor or other right-of-way Access road Proposed method(s) of management: (check all that apply) Herbicide n Cultural ❑ Revegetation ▪ Mechanical n Preventive ❑ Biological ❑ Alternative (describe): • We plan to use the services of a professional weed control company. Company name: Remote Weeds Inc. Spray application records will be retained by and be available for inspection from. Preventative Measures to be used during the active phase of development a) U Track pad U gravel bed or n rumble strips will be installed at ingress/egress points. b) Certified Weed -Free - mulch - erosion control • seed will be used to prevent new weed infestations (check all that apply). c) n Vehicles and equipment entering the project site will be clean of mud and weed parts. d) Soil from infested areas of the project site: ▪ Will not be moved off site. ❑ Will be moved off site to: (indicate site location) ❑ Soil moved off site will be treated to control weeds at the new site. ❑ Soil stockpiled on site and left in place for 90 days or more will be treated to control weeds. Soil stockpiled on site and left in place for one year or more will be planted with to prevent weeds from establishing. e) Noxious weed infestations on specified access road(s) to the project site will be treated. Exceptions: f) ❑ Weeds in adjacent properties will be mapped. g) ❑ Weeds in adjacent properties will be treated with permission of landowner. h) ❑ Other: Monitoring Who will monitor the weed treatments, HRL Compliance Solutions, Inc. or another qualified entity/person? Monitoring will be done at least 3 time(s) per year in the Spring, Summer and Fall. Monitoring will be done for: nmonths n years until site is deemed restored. Mapping • A map of the property showing the GPS locations of weed infestation(s) is attached. (Infestations adjacent to or crossing borders of the property should be included) IMapping will be conducted 3 times per year until area is deemed restored complete. A revegetation plan is included as a separate document. Ursa Operating, Inc. — Battlement Mesa PUD Phase I Pipeline Integrated Vegetation and Noxious Weed Management Plan Garfield County, Colorado Cover photo: Looking southeast along proposed alignment in Battlement Mesa. Prepared for: Ursa Operating, Inc. Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 October 2014 1.0 INTRODUCTION 1.1 Project Description At the request of Ursa Operating, Inc., WestWater Engineering has prepared an Integrated Vegetation and Noxious Weed Management Plan for the proposed Battlement Mesa PUD Phase I Pipeline project. The proposed pipeline would be located on private lands in Garfield County consisting of Sections 17 and 18, Township 7 South, Range 95 West, Sixth Principal Meridian (Figure 1). The current primary uses of the project area are private residential, agriculture, and wildlife habitat. 1.2 General Survey Information Pedestrian surveys of the project area were conducted on October 20, 2014, which is after the active growing season for most plants in the project area. Identification of plant species was aided by using pertinent published field guides (Kershaw et al. 1998, Whitson et al. 2001, CWMA 2007, Weber and Wittmann 2012). Noxious weed locations were recorded with the aid of handheld global positioning system (GPS) receivers using NAD83 map datum, with all coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system in Zone 12. Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), were reviewed to determine the soil types and vegetation characteristics at the project site (NRCS 2014). 2.0 LANDSCAPE SETTING 2.1 Terrain The terrain in the project area consists of moderately sloping foothills, which generally drain westward to the Colorado River. Elevation of the project ranges from approximately 5,100 feet near the proposed western terminus to 5,920 feet near Monument Gulch. 2.2 Vegetation Vegetation communities in the project area have largely been altered from their native state. Small areas of native vegetation that remain consist of sagebrush shrubland, mountain shrubland, and pinyon juniper woodlands. In its current state, the project area is composed of mostly introduced pasture grasses, alfalfa, and a multitude of exotic, weedy species. 3.0 NOXIOUS WEEDS 3.1 Introduction to Noxious Weeds Most noxious weed species in Colorado were introduced, mostly from Eurasia, either unintentionally or as ornamentals that established wild populations. These plants compete aggressively with native vegetation and tend to spread quickly because the environmental factors that normally control them are absent. Disturbed soils, altered native vegetation communities, and areas with increased soil moisture often create prime conditions for weed infestations. The primary vectors that spread noxious weeds include humans, animals, water, and wind. The Colorado Noxious Weed Act (State of Colorado 2005) requires local governing bodies to develop noxious weed management plans. Both the State of Colorado and Garfield County maintain a list of plants that are considered to be noxious weeds. The State of Colorado noxious weed list segregates noxious weed species based on priority for control: 1. List A species must be eradicated whenever detected. 2. List B species' spread should be halted; may be designated for eradication in some counties. 3. List C species are widespread and the State will assist local jurisdictions which choose to manage those weeds. WestWater Engineering Page 1 of 12 October 2014 The Garfield County Weed Advisory Board has compiled a list of 21 plants from the State list considered to be noxious weeds within the county (Garfield County 2013) (Appendix A). The Garfield County Weed Advisory Board has duties to: 1. Develop a noxious weed list; 2. Develop a weed management plan for designated noxious weeds; and, 3. Recommend to the Board of County Commissioners that identified landowners submit an integrated weed management plan for their properties (Garfield County 2002). 3.2 Observations The noxious weed survey encompassed a 30 meter area surrounding the proposed pipeline. Noxious weeds were numerous and observations included Canada thistle, cheatgrass, chicory, common burdock, common mullein, field bindweed, houndstongue, jointed goatgrass, musk thistle, quackgrass, redstem filaree, Russian knapweed, Russian olive, tamarisk, spiny plumeless thistle, and whitetop. Cheatgrass mapping was impractical due to the size of the infestation. Noxious weeds detected during the survey are illustrated in Figure 1 and summarized in Appendix B. In areas where soil disturbances have created growing conditions that favor non-native vegetation, several unlisted nuisance weed species have become established. These plants can negate revegetation efforts and cause financial losses due to decreased seeding success and associated costs of replanting. The presence of these plants creates increased competition for resources and can negatively affect desirable native plant species. Plants in this category include cocklebur, kochia, prickly lettuce, prostrate spurge, prostrate vervain, Russian thistle, and tumble mustard. 3.3 Integrated Weed Management Control of invasive species is a difficult task and requires intensive on-going control measures. Care must be taken to avoid negatively impacting desirable plant communities and inviting infestation by other pioneer invaders. Weed management is best achieved by employing varied methods over several growing seasons to include inventory (surveys), direct treatments, prevention through best management practices, monitoring of treatment efficacy, and subsequent detection efforts. Weed management is often limited to control and prevention rather than eradication, but eradication can be possible in small to medium sized infestations. Assessment of the existence and extent of noxious weeds in an area is essential for the development of an integrated weed management plan. This report provides an initial assessment of the occurrence of noxious weeds for the project area. In order to continue effective management of noxious weeds, further inventory and analysis is necessary to 1) determine the effectiveness of the past treatment strategies; 2) modify the treatment plan, if necessary; and 3) detect new infestations early, which would result in more economical and effective treatments. 3.4 Prevention of Noxious Weed Infestations Weed management can be costly, and heavy infestations may exceed the economic threshold for practical treatment. Prevention is an especially valuable and economical strategy for noxious weed management. Several simple practices should be employed to prevent weed infestations. The following practices will prevent infestation and thereby reduce costs associated with noxious weed control: Prior to delivery to the site, all equipment and vehicles, including maintenance vehicles, should be thoroughly cleaned of soils from previous sites which may be contaminated with noxious weeds. WestWater Engineering Page 2 of 12 October 2014 If working in sites with weed -seed contaminated soil, equipment should be cleaned of potentially seed -bearing soils and vegetative debris at the infested area prior to moving to uncontaminated terrain. Avoid driving vehicles through areas where weed infestations exist. Use of weed free materials such as mulch and seed. 3.5 Treatment and Control of Noxious Weed Infestations The several landowners along the alignment are likely to have various preferences for weed control and differing weed treatment strategies already in place; any control efforts should be coordinated with individual property managers. The following general control methods for the weeds in the project area are provided for reference (Table 1). Table 1. General noxious weed control methods for species in the nroiect area. Common Name Scientific Name USDA Symbol Type* Control Methods Canada thistle Cirsium arvense CIAR4 P Prevent seed production; deplete energy reserves in roots. Small infestations should be treated aggressively with herbicides that translocate to the root system. In large infestations, mow three times per growing season, followed by herbicide treatment in the fall. Biological control agents are available but ineffective in populations less than 5 acres in size or in wet areas. Tillage is not effective and will result in denser populations. Cheatgrass Bromus tectorum BRTE A Prevent seed production. Apply herbicides in fall and spring in large monocultures where there are few if any desirable grasses. Till when plants are in the seedling stage followed by seeding with native cool -season grasses. Avoid overgrazing. Best management practices are most effective in preventing and controlling infestations. Chicory Cichorium intybus CIIN B Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Sever root at least 2" below soil level. Remove seed or flower heads from plants that have bolted. Common burdock Arctium minus ARMI B Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Before spraying, remove and bag flower or seed heads from plants that have bolted. Sever root at least 2" below soil level. Common mullein Verbascum thapsus VETH B Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Before spraying, remove flower or seed heads from plants that have bolted. Sever root at least 2" below soil level. Field bindweed Convolvulus arvensis COAR4 P Deplete energy reserves in roots. Herbicide treatment when plants are beginning to flower. Biological controls are available and fairly effective for large populations growing in sunny dry conditions. Tillage is not effective and will result in denser populations. WestWater Engineering Page 3of12 October 2014 Table 1. General noxious weed control methods for species in the nroiect area. Common Name Scientific Name USDA Symbol Type* Control Methods Houndstongue Cynoglossum officinale CYOF B Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Before spraying, remove and bag flower or seed heads from plants that have bolted. Sever root at least 2" below soil level. Jointed goatgrass Aegilops cylindrica AECY A Prevent seed production. A complex management strategy of tillage, planting desirable species and herbicide treatment should be designed for specific areas of infestation. Target seedlings in the spring for most effective control. Use tillage where possible to reduce seed bank by bringing some seeds up to the germination zone and burying others. Follow tillage with planting of desirable species Musk thistle Carduus nutans CANU4 B Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Before spraying, remove and bag flower or seed heads from plants that have bolted. Sever root at least 2" below soil level. Biological control agents are available but ineffective in populations less than 5 acres in size. Quackgrass Elymus repens ELRE P Prevent seed production. A complex management strategy of tillage, planting desirable species, and both pre- and post- emergent herbicide treatment should be designed for specific areas of infestation. Target seedlings in early spring for most effective control. Vigorous tillage where possible to reduce seed bank and set back current growth. Follow tillage with planting of desirable species Redstem filaree Erodium cicutarium ERCI A Prevent seed production. Apply herbicides in the fall or spring when plants are in rosette stage. Hand digging in the rosette stage when soil is moist can be effective for small, isolated populations. Preventing introduction of seeds through clean vehicles and careful management of soil stocks can help reduce introductions. Seeding with competitive grasses and avoiding creation of open, bare areas aids in control. Russian knapweed Acroptilon repens ACRE3 P Prevent seed production, deplete energy reserves in roots. Use an herbicide that translocates to the root system. Apply herbicides in the fall for best results; spring treatment when flowers just start to open is also effective. Repeated mowing to stress plants followed by herbicide treatment in fall may be effective in some areas. Seed with competitive grasses and avoid overgrazing. Russian olive Elaeagnus angustifolia ELAN P Deplete energy reserves in roots. Cut mature trees and treat cut stump immediately with herbicide. Treat stump sprouts for at least 2 years. Mowing of large infestations can be effective; remove all cut material. WestWater Engineering Page 4 of 12 October 2014 Table 1. General noxious weed control methods for species in the nroiect area. Common Name Scientific Name USDA Symbol Type* Control Methods Salt cedar, Tamarisk Tamarix ramosissima TARA P Deplete energy reserves in roots. Cut mature trees and treat cut stump immediately with herbicide. Spray bark of smooth -barked immature trees with herbicide. Treat resprouts for at least 2 years. Biological agents available for large infestations. Spiny plumeless thistleB Carduus acanthoides CAAC 2. Herbicide treatment at bud to bloom stage or in the fall (recommended after August 15 when natural precipitation is present). In the fall plants draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period of time another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being formed on the roots at this time. Prevent seed production. Herbicide application or mechanical removal when plants are in the rosette stage, spring or summer. Before spraying, remove and bag flower or seed heads from plants that have bolted. Sever root at least 2" below soil level. Whitetop Cardaria draba CADR P Deplete energy reserves in roots. Herbicide treatment in the spring when plants start to bud. Mowing and tillage are not effective. * Type: A = annual; B = biennial; P = perennial; Bold = Garfield County List 3.6 Recommended Treatment Strategies The following treatment strategies are presented for reference. It is important to know whether the weed species being managed is an annual, biennial, or perennial to select strategies that effectively control and eliminate the target. Treatment strategies vary depending on plant type, which are summarized in Table 2. Herbicides should not always be the first treatment of choice when other methods can be effectively employed. Table 2. Treatment Strategies for Noxious Weeds. Annual and Biennial Noxious Weeds Target: Prevent seed production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If flowers or seeds develop, cut and bag seed heads. 2. Cut roots with a spade 2"-3" below soil level. 3. Treat with herbicide in seedling, rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage but before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. Perennial Noxious Weeds Target: Deplete nutrient reserves in root system, prevent seed production 1. Allow plants to expend as much energy from root system as possible. Do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop cut and bag if possible. 2. Herbicide treatment at bud to bloom stage or in the fall (recommended after August 15 when natural precipitation is present). In the fall plants draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period of time another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being formed on the roots at this time. 3. Mowing usually is not recommended because the plants will flower anyway, rather, seed production should be reduced. Many studies have shown that mowing perennials and spraying the regrowth is not as effective as spraying without mowing. Effect of mowing is species dependent therefore it is imperative to know the species and its basic biology Timing of application must be done when biologically appropriate, which is not necessarily convenient. WestWater Engineering Page 5of12 October 2014 Table 2. Treatment Strategies for Noxious Weeds. 4. Tillage may or may not be effective or practical. Most perennial roots can sprout from pieces only 0.5 inch — 1.0 inch long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. (Sirota 2004) Some weeds, particularly annuals and biennials, can develop resistance to herbicides. The ability of these plants to quickly develop immunity to herbicides, especially when they are used incorrectly, makes the use of proper chemicals at the correct time and in the specified concentration (according to the product label) imperative. Excessive application, either in frequency or concentration, can result in top kill without significantly affecting the root system. Repeated excessive applications may result in resistant phenotypes. 3.7 Noxious Weed Management — Best Management Practices Construction: The following practices should be adopted for any construction project to reduce the costs of noxious weed control and aid in prevention efforts: Prior to delivery to the site, equipment should be cleaned of soils remaining from previous construction sites which may be contaminated with noxious weeds. Equipment and material handling should be done on established sites to reduce the area and extent of soil compaction. In all cases, temporary disturbance should be kept to an absolute minimum. Top soil, where present, should be segregated from deeper soils and replaced as top soil on the final grade, a process known as live topsoil handling. If stored longer than one growing season, topsoil stockpiles should be seeded with non-invasive sterile hybrid grasses. Wetland vegetation, if encountered, should be live handled like sod, temporarily watered if necessary, and placed over excavated sub -soil relative to the position from which the wetland sod was removed. Cut-off collars should be placed on all wetland and stream crossings to prevent back washing (seed vector) and to ensure that soil moisture conditions are not impacted after construction so that native plants can re-establish from the existing seed bank. If working in weed infested sites, equipment should be cleaned of potentially seed -bearing soils and vegetative debris prior to moving to uncontaminated terrain. After construction, disturbed areas should be immediately reseeded with an appropriate seed mix. Herbicides: Many of the listed noxious weed species in Colorado can be controlled with commercially available herbicides. Annual and biennial weeds are best controlled at the pre -bud stage after germination or in the spring of the second year. Selective herbicides are recommended to minimize damage to desirable grass species. It is important that applicators adhere to concentrations specified on herbicide containers. Herbicides generally do not work better at higher concentrations. Herbicide failures are frequently related to high concentrations that result in top kill before the active ingredient can be transported to the roots through the nutrient translocation process. If directed on the herbicide label, a surfactant or other adjuvant should be utilized. WestWater Engineering Page 6 of 12 October 2014 Grazing: In the event grazing is allowed in the project area, it should be deferred in reclaimed areas until revegetation of desirable species has been successfully established and seeded plants have had the opportunity to reproduce. Monitoring: Weed treatment areas should be inspected over time to ensure that control methods have been effective to reduce and suppress the identified infestation. Sites should be monitored until the infestations are eliminated. These inspections can then be used to prioritize future weed control efforts. 3.8 Commercial Applicator Recommendations A certified commercial pesticide applicator licensed in rangeland and/or right-of-way/industrial weed control (depending on site characteristics) is a necessary choice for herbicide control efforts. An applicator has the full range of knowledge, skills, equipment, and experience desired when dealing with tough noxious weeds. In addition, the purchase and use of restricted use herbicides requires a Colorado pesticide applicator license. 4.0 REVEGETATION — RECLAMATION The following recommendations provide project specific methods for reclamation of this site based on soil types and vegetative communities present. Topsoil Handling Proper handling and storage of topsoil is critical to successful revegetation, especially in the case of reestablishing important native plant species on disturbed areas. The topsoil contains soil microbes (bacteria, micorrhiza, invertebrates) and viable seed banks of the native plants present on the site. Many native plant species depend upon the activity of soil microbes for germination in some instances and for establishment and survival of most seedlings. Topsoil should be stripped and segregated from other soil horizons removed from the trench to prevent mixing. Topsoil should also be salvaged from under the spoil storage area. The storage pile should be left with table slopes and be positioned to minimize exposure to wind and water erosion and should include breaks in the stockpiles at drainage crossings to allow drainage where flow is anticipated. Topsoil piles stored for long periods of time should be seeded to provide cover to reduce erosion, provide competition for weed species, and to maintain viability of the soil fungi and microbe communities. Several fast germinating sterile cover crops ("Regreen" and "Quickguard") are commercially available that should be used for short period storage of topsoil. Although not expected, topsoil stored for more than one growing season the stockpile should be seeded with the recommended seed mixes as described in Appendix C. Using the recommended seed mixes on long-term storage piles will help maintain biological activity and provide a seed bank of viable seed. If long-term stockpiling or deep stockpiling cannot be avoided, application of micorrhizal inoculants (see section below) may be beneficial. The alignment should be returned to its natural grade and contour to blend the ROW into the surrounding landscape and to reestablish natural drainage patterns. The stockpiled topsoil should be uniformly spread after construction has been completed. Soil Preparation Compaction can reduce water infiltration and also hinder the penetration of the sprouting seed. Practices that will reduce compaction and prepare the seedbed include: scarification, tillage, or harrowing (Colorado Natural Areas Program et al. 1998). No special soil preparation techniques are anticipated to be necessary as soil compaction should not be an issue along the pipeline alignment if typical topsoil management practices for projects of this nature are employed. WestWater Engineering Page 7 of 12 October 2014 Soil Amendments Soil amendments for reclamation using fertilizer containing nitrogen can disproportionately benefit undesirable annual plants (Perry et al. 2010). If the proponent determines the use of soil amendments to be beneficial, the type and rate should be based on chemical analysis of soil samples near the site. Application of 500 to 800 lbs/ac of Sustane 4-6-4 organic fertilizer, or a similar product, is a generic starting point for soil amendments in this region. A potentially beneficial alternative method to enhance reclamation success, particularly where there is poor or destroyed topsoil, is the application of vesicular-arbuscular mycorrhizal fungi (AMF). These fungi, mostly of the genus Glomus, are symbiotic with about 80 percent of all vegetation. Endo- mycorrhizal fungi are associated mostly with grasses and forbs and could be helpful in reclamation. In symbiosis, the fungi can increase water and nutrient transfer capacity of the host root system (Barrow and McCaslin 1995). Over-the-counter commercial products are available, and the best products should contain more than one fungus species. Seed Mixture With proper topsoil handling the pipeline disturbance should revegetate well. The pipeline corridor will affect multiple landowners with varying land management goals and seed mixes should be coordinated with the landowners. The recommended seed mix provided in Appendix C is well suited for the project area and consists of perennial native grasses and forbs that should establish well, protect topsoil, and provide a basis for rehabilitation for the site upon reclamation. Seeding Methods Drill seeding would be the most appropriate and economical method for seeding the majority of the project area. Hydroseeding or hand -broadcast seeding at twice the recommended drill seed rate is recommended for areas where drill seeding is deemed to be ineffective, impractical, or dangerous. Mulching Crimped weed -free straw mulch would be the most cost effective and practical method of mulching areas prone to erosion after drill seeding this site. No mulching is recommended for areas that are hydroseeded. Potential detrimental effects of mulching include the introduction of weed species and the establishment of non-native cereal grains. Use of a certified weed -free sterile wheat hybrid straw would limit these effects. BMPs Excelsior wattles or straw bales at water discharge points would be appropriate to help control water velocity flowing off the alignment during storm runoff. Terracing slopes near or exceeding 3:1 will reduce erosion, benefitting topsoil and seed retention and thereby improving revegetation success. 5.0 WETLANDS and WATERS of the U.S. Riparian areas and wetlands, although small in comparison to the remainder of the project, can require special considerations for minimization and mitigation of impacts, as well as successful revegetation. Such areas that could be affected by this project were documented during surveys (Figure 2; Appendix D). Aerial photographs and U.S. Geological Survey (USGS) 1:24,000 topographic maps were examined for perennial, intermittent, or ephemeral streams, marked wetlands, and drainages (ACOE 2007). Mapped wetlands and waters, along with other areas of interest, were verified during pedestrian surveys of the project area and locations were recorded with hand held GPS units. All blue line streams were recorded whether or not they exhibited an Ordinary High Water Mark (OHWM). Blue line channels with no OHWM did not show signs of flow (i.e., defined channel, water marks, debris deposits, etc.); however, WestWater Engineering Page 8 of 12 October 2014 these drainages are indicated as intermittent channels on the USGS topographic map and are considered WOUS for pre jurisdictional determination purposes. A pre -construction notification (PCN) is required for utility line activities crossing perennial waters and/or a special aquatic site, including wetlands, in the Colorado River basin (ACOE 2012). Efforts should be made to avoid or minimize impacts to perennial waters and wetlands. Boring (directional utility installation) is a good method to avoid impacts. If direct impacts are necessary, precautions should be taken to protect the integrity of perennial stream and associated riparian ecosystems within the project area. Best Management Practices (BMPs), including adequate barriers and filtration methods, should be used to prevent soil erosion and sedimentation of perennial streams and riparian areas. The construction area of disturbance should be minimized at all crossing to reduce the impacts to affected wetland environments. Wetlands are characterized by hydric soils, which develop as a result of an area being saturated, flooded, or ponded long enough during the growing season to develop anaerobic (oxygen -deficient) conditions (USGS 2011). In wetland areas topsoil (the top 12 inches of soil) and wetland vegetation outside the trench line and graded areas, should be removed and set aside from other soils until the pipeline trench is backfilled and the pipeline crossing re-contoured. Wetland vegetation should be cut off at ground level, leaving existing root systems intact, and the remaining sod should be removed from the wetlands and placed in a separate stockpile from other soils. The following protective measures should be used when crossing and/or working near wetland areas: Wetland boundaries should be clearly marked in the field with highly visible flagging and signs until construction and ground disturbing activities are completed. Sediment barriers and BMPs should be installed across the entire construction ROW immediately upslope of the wetland boundary at all wetland crossings to prevent sediment flow into the wetland. Where the construction ROW passes through wetlands, sediment barriers should be installed along the edge of the construction ROW, as necessary, to contain spoil and sediment within the construction ROW. Equipment mats should be used under vehicles and construction equipment at all times while working in wetland areas to minimize disturbance to wetland soils. Wetland vegetation should be stockpiled no longer than 48 hours, if feasible. If wetland soils are stockpiled for longer than 48 hours the soils should be kept wet until returned to wetland areas. Stockpiled wetland soils should be piled no deeper than 2 feet. During wetland crossings, actively flowing water channels within wetlands should be flumed so as not to be impeded. Once the channel has been restored to its original contours and wetland soils are placed back (first out/last in) then wetland vegetation should re-establish in areas identified as wetlands in Figure 2and Appendix D, and no seeding is recommended in these areas. WestWater Engineering Page 9 of 12 October 2014 6.0 REFERENCES ACOE. 2007. U.S. Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook. Prepared jointly by U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. ACOE. 2012. U.S. Army Corps of Engineers. Sacremento District Nationwide Permit Regional Conditions for Colorado. Barrow, J. R., and B. D. McCaslin. 1995. Role of microbes in resource management in arid ecosystems. In: Barrow, J. R., E. D. McArthur, R. E. Sosebee, and Tausch, R. J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. General Technical Report, NT - GTR -338, Ogden, Utah: U.S. Department of Agriculture, U.S. Forest Service, Intermountain Resource Station, 275 pp. Colorado Natural Areas Program, Colorado State Parks, Colorado Department of Natural Resources. 1998. Native Plant Revegetation Guide for Colorado. Available online: http: //www.parks.state. co.us/SiteCollectionlmages/parks/Programs/CNAP/CNAPPublications/Re vegetationGuide/revegetation.pdf. CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, K. Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. Garfield County. 2002. Garfield County Vegetation Management and Garfield County Weed Advisory Board. Garfield County Noxious Weed Management Plan, Resolution #2002-94, October 21. Garfield County. 2013. Vegetation Management Section — Noxious Weed List. Available online: http://www.garfield-county.com/vegetation-management/noxious-weed-list.aspx. Accessed Feburary 4, 2014 Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. NRCS. 2014. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, URL: http://websoilsurvey.nrcs.usda.gov Perry, L.G., D.M. Blumenthal, T.A. Monaco, M.W. Paschke, and E.F. Redente. 2010 Immobilizing nitrogen to control plan invasion. Oecologia: 163:12-24. Sirota, J. M. 2004. Best management practices for noxious weeds of Mesa County. Colorado State University, Cooperative Extension Tri River Area, Grand Junction, Colorado. URL: http://www.coopext.colostate.edu/TRA/Weeds/weedmgmt.html State of Colorado. 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. USGS. 2011. Restoration, Creation, and Recovery of Wetlands. U.S. Geological Survey, National Water Summary on Wetland Resources, Water Supply Paper 2425. Online: Accessed November 10, 2011. http://water.usgs.gov/nwsum/WSP2425/restoration.html Weber, W.A., and R.C. Wittmann 2012. Colorado Flora, Western Slope. Fourth Edition, University Press of Colorado, Boulder. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee and R. Parker. 2001. Weeds of the West — 9th edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. WestWater Engineering Page 10 of 12 October 2014 1 MESA LAND B.AT- L Est ENT3 MESA• LAND' l-41 a J VALLEY VIEW VILLAGE HOMEOWNERS ASSOCIATION I3ATTLENIRNT MESA?LAND ' I N'JESTMEN B, PARCELEETRK 5 LC BATTLEMENT MESA LAND4INV ES T MENTS PARCELS -t. TRK AND SAVA.CGI JOAN L. JOHN W ROY E MARSHALL 1 & DANIEL W BATTLEMENT r ESA RT ERS :;ATJTLEMENTME JINVLStr•.',i..,' PARCEL 5.2'T Rp{ BATTk. Sr. METROPOLITAN .i STRICT HA- IIIP \7. mi SA PARCEL 5, LLC ....7/ SAINT PAUL EVANGELICAL // LUTHERAN CHURCH -\MELS //CIF GRAND JUNCTION, d ) BATTLEMENT MESA LAND -INVESTMENTS BATTLEMEN MESA LAN INVESTMENT RFIELD`CApUNTY SCHOOL DISTRICT i, GFTIN,,'GAR t'P &`.LINOAI'A 1 r 1 Legend 0 Quackgrass 1 Musk thistle I=1 30 Meter Weeds Survey Area ■ Canada thistle 1 Plumeless thistle '7 Proposed Pipeline Chicory ♦ Redstem fllaree Q Parcels Common burdock * Russian knapweed County Road Common mullein Russian olive Streams Field bindweed i Tamarisk BLM Houndstongue Whitetop A Jointed goatgrass - Russian knapweed Figure 1 Ursa Operating Company Battlement Mesa PUD Phase 1 Pipeline Biological Survey Location and Noxious Weeds n\NestWater Engineering Consulting Engineers & Scientists 6 0.1 0.2 0.3 p Source- Z-1Cor reran Compliance Service (Olsson As Mes October 2014 eJiUrsaIBMC PipeIin e12O1 d\GIS'Figure 1.m>t6 10130,2014 rob BATTLEMENT MESALAND VALLEY VIEW VILLAGE HOMEOWNERS ASSOCIATION SAVAGE;... BATTLEMENTTMESALAN DIN MENS, PARCELS-.2IITRIQ5 LLC. BATTLEMENT MESA LAND4ITtiVE aT MENTS siA°±_RCE05-1.TRKAND 11 BASTITLEMENT MESA. I SETROP6II_DAN DISTRICT ;\T,TLEMENT MESA NO;INVESTML N PARCEL' MESA. LLrC ire[ _oL-•- -• � r_tr-� -mu CHURCH-WELS JUNCTION, CO WOUS-1' BATTLEMENT MESA ND TER, &,BRENDAS SCHOOL 0INVESTMENT V VO US -10 C 1 N (Aft`•' - h 1 NOAA Legend Potential Waters of the US ® 30 Meter Weeds Survey Area Proposed Pipeline Parcels - County Road - Streams Potential Wetlands Potential Wetlands Figure 2 Ursa Operating Company Battlement. Mesa PUD Phase 1 Pipeline Biological Survey Potential Waters of the US WestWater Engineering Consulting Fngineers & Scientists 0 ©.1 0.2 Map Source- Z-1Cordilleran Com no 5 M es October 2014 0.3 son AswCJ'1Ursa'aMC PipeBin e120141,5151Figure 2.m5r4 10,30+2014 rbb Appendix A Garfield County Noxious Weed List 1 Species J Common name Species Code Growth Form Life History State Listing Acroptilon repens Russian knapweed ACRE3 Forb Perennial B Aegilops cylindrica Jointed goatgrass AECY Grass Annual B Arctium minus Common (Lesser) burdock ARMI2 Forb Biennial C Cardaria draba Hoary cress, Whitetop CADR Forb Perennial B Carduus acanthoides Spiny plumeless thistle CAAC Forb Biennial / Winter Annual B Carduus nutans Musk (Nodding plumeless) thistle CANU4 Forb Biennial B Centaurea diffusa Diffuse knapweed CEDI3 Forb Perennial B Centaurea maculosa Spotted knapweed CEMA4 Forb Perennial B Centaurea solstitialis Yellow starthistle CESO3 Forb Annual A Chrysanthemum leucanthemum Oxeye daisy CHLE80 Forb Perennial B Cichorium intybus Chicory CIIN Forb Perennial C Cirsium arvense Canada thistle CIAR4 Forb Perennial B Cynoglossum officinale Houndstongue, Gypsyflower CYOF Forb Biennial B Elaeagnus angustifolia Russian olive ELAN Tree Perennial B Euphorbia esula Leafy spurge EUES Forb Perennial B Linaria dalmatica Dalmatian toadflax, broad-leaved LIDA Forb Perennial B Linaria vulgaris Yellow toadflax LIVU2 Forb Perennial B Lythrum salicaria Purple loosestrife LYSA2 Forb Perennial A Onopordum acanthium Scotch thistle ONAC Forb Biennial B Tamarix pary flora Smallflower tamarisk TAPA4 Tree Perennial B Tamarix ramosissima Salt cedar, Tamarisk TARA Tree Perennial B WestWater Engineering Appendix A - 1 October 2014 Anuendix B. Noxious weed locations in the nroiect area (NAD 83/UTM Zone 12). Species Northing Easting Number of plants Canada thistle 4369786 754520 50 Canada thistle 4369484 754222 500 Canada thistle 4369450 754276 100 Canada thistle 4369235 757196 1000 Canada thistle 4369225 757198 100 Canada thistle 4369373 755545 100 Canada thistle 4368845 757237 100 Canada thistle 4369776 754533 100 Canada thistle 4368839 757215 100 Chicory 4369443 754255 6 Chicory 4369552 756173 8 Chicory 4369372 755751 6 Chicory 4369224 757199 12 Chicory 4369678 755157 10 Chicory 4369631 755158 10 Chicory 4369603 755159 20 Chicory 4369289 757197 5 Chicory 4369231 757199 10 Chicory 4369383 755662 4 Chicory 4369394 755925 75 Chicory 4369881 755120 50 Chicory 4369373 755812 50 Chicory 4369540 755961 30 Chicory 4369372 755920 10 Common burdock 4369467 754349 8 Common burdock 4368849 757247 10 Common burdock 4368861 757243 50 Common burdock 4369849 755153 10 Common burdock 4369874 755138 10 Common burdock 4369896 755106 10 Common burdock 4369881 755121 10 Common mullein 4369297 757184 7 Common mullein 4368964 757153 1 Common mullein 4369049 757238 5 Common mullein 4368852 757240 4 Common mullein 4369583 756438 1 Common mullein 4369584 756449 5 Common mullein 4369587 756491 1 Common mullein 4369585 756512 10 WestWater Engineering Appendix B - 1 October 2014 Anuendix B. Noxious weed locations in the nroiect area (NAD 83/UTM Zone 12). Species Northing Easting Number of plants Common mullein 4369597 756732 1 Common mullein 4369597 757189 1 Common mullein 4369370 757196 5 Field bindweed 4369816 754831 10 Field bindweed 4369829 754861 5 Field bindweed 4369796 754893 5 Field bindweed 4369807 754971 8 Field bindweed 4369796 755068 15 Field bindweed 4369641 755136 5 Field bindweed 4369384 755557 100 Field bindweed 4369624 755132 30 Field bindweed 4369179 757216 30 Houndstongue 4369221 757197 10 Houndstongue 4369787 754523 50 Houndstongue 4368838 757218 10 Houndstongue 4369774 754520 10 Houndstongue 4369845 755155 10 Houndstongue 4369466 754347 18 Jointed goatgrass 4369021 757195 1000 Jointed goatgrass 4368861 757201 500 Musk thistle 4369366 755836 4 Musk thistle 4369426 755929 1 Musk thistle 4369484 755970 12 Musk thistle 4368840 757217 2 Musk thistle 4369035 757219 4 Musk thistle 4368863 757233 1 Musk thistle 4368851 757248 5 Musk thistle 4368829 757222 1 Musk thistle 4369597 756552 1 Musk thistle 4369487 755946 5 Musk thistle 4369375 755585 1 Musk thistle 4369392 755498 10 Musk thistle 4369372 755520 10 Musk thistle 4369379 755528 15 Musk thistle 4369049 757241 50 Musk thistle 4369363 755549 10 Musk thistle 4369878 755144 10 Musk thistle 4369357 755514 10 Plumeless thistle 4369780 754520 6 WestWater Engineering Appendix B - 2 October 2014 Anuendix B. Noxious weed locations in the nroiect area (NAD 83/UTM Zone 12). Species Northing Easting Number of plants Quackgrass 4369878 754523 100 Quackgrass 4369386 755596 100 Quackgrass 4369422 755926 100 Redstem filaree 4369818 755038 100 Redstem filaree 4369820 754506 100 Russian knapweed 4369819 755019 1000 Russian knapweed 4369564 756705 1000 Russian knapweed 4369581 756901 1000 Russian knapweed 4369319 757171 10 Russian knapweed 4369298 757185 15 Russian knapweed 4368876 757202 6 Russian knapweed 4369473 754202 100 Russian knapweed 4369476 754207 100 Russian knapweed 4369574 756059 5 Russian knapweed 4369580 756251 1 Russian knapweed 4369598 756693 1 Russian knapweed 4369610 757081 20 Russian knapweed 4369349 757197 50 Russian knapweed 4369281 757208 1000 Russian knapweed 4368854 757249 1000 Russian knapweed 4368989 757163 1000 Russian knapweed 4368821 757193 1000 Russian knapweed 4369387 755616 50 Russian knapweed 4368826 757211 100 Russian knapweed 4369703 755148 30 Russian knapweed 4368863 757231 20 Russian knapweed 4369813 755025 100 Russian knapweed 4369382 755593 100 Russian knapweed 4369204 757186 100 Russian knapweed 4369002 757153 100 Russian knapweed 4369584 756672 100 Russian knapweed 4369568 756764 100 Russian olive 4369546 755980 1 Russian olive 4369588 756546 1 Russian olive 4369454 757192 1 Tamarisk 4368838 757201 5 Tamarisk 4369836 754503 2 Tamarisk 4369788 754520 1 Tamarisk 4369585 754211 1 WestWater Engineering Appendix B - 3 October 2014 Anuendix B. Noxious weed locations in the nroiect area (NAD 83/UTM Zone 12). Species Northing Easting Number of plants Tamarisk 4369456 754291 1 Whitetop 4369375 755591 30 Whitetop 4369381 755620 50 Whitetop 4369390 755504 100 WestWater Engineering Appendix B - 4 October 2014 Appendix C. Recommended seed menu for pinyon -juniper woodland and/or mountain/Wyoming big sagebrush shrubland. Common Name 1 Scientific Name Variety Season Form PLS lbs/acre* Plant Both of the Following (15% Each, 30% Total) Bottlebrush Squirreltail Elymus elymoides, Sitanion hystrix VNS Cool Bunch 2.0 Bluebunch Wheatgrass Pseudoroegneria spicata, Agropyron spicatum P-7, Secar, e, Anaton Golder Cool Bunch 2.8 and Two of the Following (20% Each, 40% Total) Thickspike Wheatgrass Elymus lanceolatus ssp. lanceolatus, Agropyron dasystachyum Critana, Bannock, Schwendimar Cool Sod- forming 3.4 Slender Wheatgrass Elymus trachycaulus, Agropyron trachycaulum Revenue, Pryor Cool Bunch 3.3 Western Wheatgrass Pascopyrum [Agropyron] smithii Rosana, Arriba Cool Sod- forming 4.8 and Three of the Following (10% Each, 30% Total) Indian Ricegrass Achnatherum [Oryzopsis] hymenoides Paloma, Rimrock Cool Bunch 1.9 Arizona Fescue Festuca arizonica Redondo Cool Bunch 0.5 Galleta Pleuraphis [HilariaJ jamesii Viva florets Warm Bunch/Sod- forming 1 7 Muttongrass Poa fendleriana VNS Cool Bunch 0.3 Sandberg Bluegrass Poa sandbergii, Poa secunda VNS Cool Bunch 0.3 Sand Dropseed Sporobolus cryptandrus VNS Warm Bunch 0.1 OPTIONAL: Any combination from the following species may be substituted for up to 10% of the above grasses. Rocky Mountain Beeplant Cleome serrulata VNS Annual Sunflower Helianthus annuus VNS Arrowleaf Balsamroot Balsamorhiza sagittate VNS Sulfur Flower Eriogonum umbellatum VNS Utah sweetvetch Hedysarum boreale VNS Scarlet Globemallow Sphaeralcea coccinea VNS Four -Wing Saltbush Atriplex canescens VNS White Sagebrush Artemisia ludoviciana VNS *Based on 60 pure live seeds (PLS) per square foot, drill -seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded WestWater Engineering Appendix C - 1 October 2014 Appendix D. Potential Wetlands and Waters of the U.S. (NAD 83/UTM Zone 12). Potential Wetlands Points Label Northing Easting Comment Wet -1 4369439 754249.3 Potential wetland; Cattails along road. Wet -2 4369778 754522.6 Potential wetland 5m radius soil saturated. Typha latifolia, Rumex maritimus, Solanum dulcamara, Tamarix ramosissima, Nepeta cataria, Almutaster pauciflorus. Potential Wetlands Line Length (Meters) Northing Easting Comment 320.255 4369394 757195.8 Potential wetland along ditch. Potential Waters of the US Label Northing Easting Comment WOUS-1 4369351 754181.5 No water. OHWM 3 feet wide, 5 inches deep. WOUS-2 4369467 754347.9 Live water, 24 inches wide, 6 inches deep. WOUS-3 4369559 755161 No water. OHWM 15feet wide by 1 inch deep. WOUS-4 4369537 755214 No water. OHWM 15 feet by linch. WOUS-5 4369392 755497.6 No OHWM, blue line on map - drainage about 20 feet wide 2 feet deep; entirely vegetated, no evidence of flow. WOUS-6 4369485 755957 No OHWM blue line on map no evidence of flow drainage about 15 feet wide by 4 feet deep completely vegetated. WOUS-7 4369573 757176.8 Ditch, live water, 15 inches wide by 3 inches deep. WOUS-8 4369425 757187.2 Live water, 36 inches wide by 6 inches deep. WOUS-9 4369276 757186.9 Ditch, live water, 24 inches by 6 inches, vegetated. WOUS-10 4369227 757199.2 Irrigation ditch flowing 12 inches wide and 2 inches deep. Fringe 18 inches on either side with hydrophytic vegetation: Juncus arcticus and Phalaris arundinacea. WOUS-11 4368836 757214.9 No OHWM. Diverted upstream, no evidence flow, completely vegetated with upland vegetation. Drainage about 30 feet wide by 10 feet deep WOUS-12 4368833 757226.1 OHWM is 6inches deep and 2 feet wide. This drainage was diverted upstream although water appears to flow in this drainage at times. WestWater Engineering Appendix D - 1 October 2014 Reclamation Cost Estimate Ursa Operating Company, Battlement Mesa Partners, and Battlement Mesa Land Investments Pipeline Grading Permit Application Battlement Mesa PUD Phase I OAProject No. 014-1829 Ursa Operating Company Battlement Mesa PUD Phase 1 Pipeline Grading Permit Reclamation Cost Estimate Acres Cost/Acre Bond Amount 13.0567 x $2,500 = $32,642