HomeMy WebLinkAbout1.0 APPLICATION0\oLSSON
ASSOCIATES
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Limited Impact Review Application
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
ASSOCIATES
OAProject No. 012-0539
June 2012
826 21 Y:z Road 1 Grand Junction , CO 815051 TEL 970.263.78001 FAX 970 .263 .7456
)
)
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Co lorado 81601
Telephone : 970.945 .8212 Fa csimi le : 970 .384.3470
www.garfield -county.com L \ PA _ t _ \C}.-""\-:3d S
LIMITED IMPACT REVIEW
LIMITED IMPACT REVIEW [AMENDMENT]
CUP AMENDMENT [Issued under the Zoning Resolution of 1978. as Amended]
GENERAL INFORMATION (Please print legibly)
~ Name of Pro~erty Owner: Encana Oil & Gas (USA), In c./Lessee: Gra nd Rive r Gath ering LLC
~ Mailing Address: 2128 Railroad Ave Ste 106 Telephone : ( 970) 440-1000
~ City : Rifle State: co Zip Code : 81650 Cell:( __ )
~ E-mail address: FAX:(_)
~ Name of Owner's R e ~resentative, if any, (Attorney, Planner, Consultant, etc}:
~ Mike Markus , Lorne Prescott, Jeff Hofman, Wyatt Popp, Am anda Jacobs-Olsson Associates
~ Mailing Address: 826 21 1/2 Rd Telephone : ( 970) 263-7800
~ City: Grand Junction State : CO Zip Code: 81505 Cell: ( 970) 210-5783
~ E-mail address: mmarkus@olssonassociates.com FAX : ( 970) 263-7456
~ Requested Use from Table 3-501 or 3-502 : To obtain a land u se permit for the
existing High Mesa Compressor Station
~ Street Address 1 General Location of Property: Approximately 3 miles south of
Parachute, Colorado
~ Legal Description : See Attachment A
~ Assessor's Parcel Number: 2 4 0 9 - 3 6 1 -0 0 -0 4 8 ------------
~ Existing u se: Existing 8 unit Compressor Station
~ Property Size (in acres) approx 320 Zone District: Rural A
Last Revised 612 612011
)
)
GARFIELD COUNTY
. Building & Planning Department
108 81h Street, Suite 401
~~ Glenwood Springs, Colorado 81601
Telephone : 970 .945.8212 Facsimile: 970 .384 .3470
www.garfield-county .com _1 ~ ~-t'3d5
LIMITED IMPACT REVIEW
LIMITED IMPACT REVIEW [AMENDMENT]
JU L ~ 4 20 12
GARF IELD COUNTY
BUILDING & PLANN ING
CUP AMENDMENT [Issued under the Zoning Resolution of 1978. as Amended]
GENERAL INFORMATION (Please print legibly)
);> Name of ProQerty Owner: Grand River Gathering LLC
);> Mailing Address: 2128 Railroad Ave Ste 1 06 Telephone: ( 970 ) 440-1000
);> City: Rifle State: CO Zip Code: 81650 Cell:( __ )
);> E-mail address: FAX:(_)
);> Name of Owner's ReQresentative, if any, (Attorney, Planner, Consultant, etc}:
);> Mike Markus , Lorne Prescott, Jeff Hofman, Wyatt Popp, Amanda Jacobs -Olsson Associates
);> Mailing Address : 826 21 1/2 Rd Telephone: ( 970 ) 263-7800
);> City: Grand Junction State : CO Zip Code : 81505 Cell: (970) 210-5783
);> E-mail address: mmarkus@olssonassociates.com FAX: ( 970) 263-7456
);> Requested Use from Table 3-501 or 3-502: To obtain a land use permit for the
existing High Mesa Compressor Station
);> Street Address 1 General Location of Property : Approximately 3 miles south of
Parachute, Colorado
);> Legal Description : See Attachment A
);> Assessor's Parcel Number: 2 4 0 9 -3 6 1 -0 0 -0 4 8 ------------
);> Existing Use: Existing 8 unit Compressor Station
);> Property Size (in acres) approx 320 Zone District: Rural A
Last Revised 6 /26/2011
B. Submittal Materials: The following materials shall be submitted with a Limited Impact
Review Amendment application and are more fully defined in Section 4-502 of Article
IV of the ULUR. The Director may waive or alter any of these requirements if they are
determined to be inappropriate or unnecessary to determining if the application
satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the requested
amendment does not result in a substantial change defined here:
Non-substantial Change. A non substantial amendment may be made to an approved
Land Use Change Permit if it meets all of the following criteria as determined by the
Director:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Is consistent with action(s) taken during previous Land Use Change Permit
approval;
Does not change the use category of the proposed development between
residential, commercial and industrial uses;
Does not change the basic character of the approved use of land on which
the activity occurs, including basic visual appearance and method of
operation;
Does not constitute a new land development activity;
Does not violate any Land Use Code standard;
Does not substantially increase off-site impacts (including but not limited to
increased traffic, water use, wastewater generation, etc.) in the surrounding
neighborhood;
Does not substantially increase the need for on-site parking or utilities;
Does not increase the floor area of the use by more than five (5) percent or
decrease the open space on the site by more than five (5) percent; and
(9) Does not endanger the public health, safety or welfare. (Resolution 201 0-30)
Substantial Change. A substantial change is any amendment that does not meet the
definition of a non-substantial change amendment above, is otherwise determined by the
Director to be a significant departure from the original development application or permit,
or if the request is to change a specific condition of approval required by the Board of
County Commissioners (Resolution 2010-30).
I have read the statements above and have provided the required attached information
which is cor~ ~a~~ to the best of my knowledge.
~..._r·d---1-~~1'2.
(Signature of Property Owner) Date
4
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Grand River Gathering LLC
___ Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Limited Impact Review
High Mese Compress Stallon (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
Involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER {OR AUTHORIZED REPRESENTATIVE)
I hereby agree to pay all fees related to this application.
Steve Newby
Print Name
Mailing Address: 2100 McKinney Ave., Ste 1250
Dallas, Texas 75201
E-Mail Address: snewby@summitmidstream.com
Pho~~ber: (770) 504-5001
c:;::i?OC)--J-1-q~ I~
----~D~a7w~~-----------Signature
Page 4
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of GrandRrvarGa<herlng ~~~~~~~~~~-
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 ..:G:.:.:'":::"d:.:Rc:t•:.:•:...' G::.:•;:;lh.:o•':.:.:rn.,9 • .::;LL::.:cc... ----------
and is formed under the laws of theStateoroetaware c:;:;==~==~-------------------
The mailing address for the Entity is 2128RallroadAvenua.Sulte106.
Dallas, Texas
The
execute
affecting
Michael Rose
name and/or position of the person
instruments conveying, encumbering,
t.i tle to real property on behalf of
authorized to
or otherwise
the Entity is
The limitations upon the authority of
above or holding the position described above
are as follOWS: slgnpermltapplicatlonsandpermltslssuedbyGerfleldCounty.
the person named
to bind the Entity
(if no limitations, insert "None")
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 5th day of July • ~bt!·~--
Slgnatuc=::~~~---~-~-~L-----
Name (typed or printed: -'s,ta,ve,_,N"e"'wb,y __________ _
Title (if any): President ;;_:.:;=="--------------------
STATE OF _________ )
)SS.
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this .!J'!!::_ day of
, ~tL?u , 20/Z. by !VnNty /..IAt~Sf n , on behalf of
SkvZ"/5litdht1 'a------------------
hand and official seal.
expires: I "l-\ 2.o I Lf
(SEAL)
')LA-L~ttJ.i~
(Nary Public)
)
)
Preapplication Summary
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
ASSOC I ATES
OAProject No. 012-0539
June 2012
826 2 1 Y, Road 1 Grand Junction, CO 815051 TEL 970.263.7800 I FAX 970.263.7456
) GARFIELD COUNTY
Building & Planning Department
1p8 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile : 970.384 .3470
www.garfield -county.com
PRE-APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2409-361-00-048 DATE: March 15, 2012
PROJECT: High Mesa Compressor Station
OWNER: Encana Oil and Gas (USA)
REPRESENTATIVE: Lorne Prescott, Olsson Associates
PRACTICAL LOCATION: Section 36, T7S, R96W
ZONING: Rural
) TYPE OF APPLICATION: Limited Impact Review for the existing High Mesa Compressor Station
I. GENERAL PROJECT DESCRIPTION
The Applicant wishes to obtain a land use change permit for the existing High Mesa Compressor
Station located south of the Town of Parachute on 320 acres. This facility presently has three to
four compressors and proposes to expand the facility to contain seven compressors.
Presently under the Garfield County Unified Land Use Resolution of 2008, as amended, for the
Rural zone district, compressor stations are processed by the County through Limited Impact
Review. During the pre-application meeting, Olsson Associates indicated that this facility was built
between 2003 and 2004 when Garfield County was requesting clarification from the Colorado Oil
and Gas Conservation Commission (COGCC) to determine if the COGCC pre-empted the County
from regulating natural gas compressor stations. Recently, the County has given their legal opinion
on several existing compressor stations and determined that these facilities may exit as legal
nonconforming facilities without requiring a land use change permit. However, High Mesa
Compressor Station was not one of these facilities. If the Applicant has documentation that states
otherwise, please provide this information to County staff for their review . As it stands now, this
facility will be required to be processed through Limited Impact Review.
II. REGULATORY PROVISIONS APPLICANT IS REQURED TO AQDRESS
• Garfield County Comprehensive Plan 2030
• Garfield County Unified land Use Resolution of 2008, as amended
o Article Ill, Zoning
1 Rural Zone District (Section 3-202)
o Article IV, Application and Review Procedures
1 limited Review Process (Section 4-105)
• Application Materials (Section 4-501 (E))
• Description of Submittal Requirements (Section 4-502 (C) (2) and 4-502 (C)
(3))
• land Suitability Analysis (Section 4-502 (D))
• Impact Analysis (Section 4-502 (E))
o Article VII, Standards
1 Divisions 1-3
1 Additional Standards Applicable to Industrial Uses (Section 7-810)
Ill. REVIEW PROCESS
l.
2.
3.
4.
5.
6.
7.
Pre-application Conference.
Application.
Determination of Completeness.
Schedule Public Hearing.
Evaluation bv Director/StaffReview
Schedule Board of Countv Commissioners Public Hearing.
Review and Action bv the Board.of Countv Commissioners.
IV. APP.LKATION REVIEW
a. Review by:
b. Publlc Hearing:
c. Referral Agencies:
Staff for completeness recommendation and referral agencies for
additional technical review
_. _ ... Planning Commission
~X~ Board of County Commissioners
~ Board of Adjustment
May include Garfield County Road and Bridge Department, Fire
Protection Districts, Garfield County Environmental Health Manager,
Garfield County Vegetation Manager, Garfield County Consulting
Engineer, Town of Parachute, Colorado Parks and Wildlife
)
) v. APPLICATION REVIEW FEES
a. Planning Review Fees : $ 400.00
b. Referral Agency Fees: $ TBD -consulting engineer/civil engineer fees
c. Total Deposit: $ 400.00 (additional hours are billed at $40.50 /hour)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case
planner contacts applicant and sets up a site visit. Staff reviews application to determine if it
meets standards of review. Case planner makes a recommendation of approval, approval with
conditions, or denial to the appropriate hearing body. The pre-application meeting summary is
only valid for six (6) months from the date of the written summary.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate . This summary does not create a legal or
vested right.
) Pre-application Summary Prepared by:
)
)
Deeds
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
A S SOC I ATES
OAProject No. 012-0539
June 2012
826 21 Y. Roa d 1 Grand Junction , CO 81505 1 TEL 970 .263 .780 01 FAX 970 .263 .7456
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJl~o~~l
&21784 02/27/2003 03o24P 81441 P2B0 H A
1 of & R 31.00 D 0.00 GARFIELD COUNTY CO
QUITCLAIM DEED
TB I F~ b '-'>-'f 1-
~~C-S~Al F.t. 0 H-z.r-7~
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s: . P•MAc.H ... rr ac.· zz.
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STATE OF COLORADO
KNOW ALL MEN BY THESE PRESENTS TIIAT:
COUNTY OF GARFIELD
DAVID R. FJ.INN
$133 S. Wabash Ct.
Englewood, Colorado 80111
CIIR/STIAN S. CHISHOLM
4500 Prospect
Littleton, Color~do 80121
JAMES IV. WILLIAMS JR.
1195 PinedropLane
Golden, C<J/orodo 80401
H. IIUNTER WHITH Ill
P.O. Box N4829
.Vassa11, Bahamas
("Asslgnors11 ), for and to consideration of ONE HUNDRED DOLLARS ($100.00) and other good
and valuable consideration, receipt of which Is hereby acknowledged, does hereby assign, transfer,
grant and convey unto TOM BROWN INC
55517fH ST STE 1850
DENVER, CO 10202·3918
('' Asslgnee 11 ), Rll or Assignors' right, title and Interest In and to the foUowl•g:
(I) The Lands amt all interests owned thereunder as described lu Exhibit "A" hereto;
(II) The wells, equipment, materials and other penonal property, fixtures and
lmprovemenh on the Lands as or the Effectln Date (as hereinafter detlned),
appurtenant thereto or used or obtained In connection with the Lands or with the
produttlon, treatment, sale or dlspo~~tl of hydrocarbons or waste produced therefrom
or attributable thereto, and aU other appurtenances thereunto belonging (the
11 Equlpment''); provided, however, the Equipment shall not Include vehicles,
communications equipment, tools, warehouse stock. comprCS$ors or leased equipment
located on the L•nds;
(lU) All uultlzatlon, communltlzatlon, poollng, and operating agreements, and the units
created thereby which relate to the Lands or Interests therein described on Exhibit
11 A 11 or wblcll relate to any units or wells lucatcd on the Lands, lndudiag any and all
units formecl qnder orden, regulations, rul~ and orher official ads of the
governmental authority having jurisdiction, together with any right, tide and interest
created thereby In the LandSi and
(lv) All of Assignor's rights to claim revenues or gas resulting from auy underproduction
attributable tit Asslgnot1S Interest lu the Lands.
All of Assignor's Interest In the abon-mentloncd asst:ts Is herein co11ectlvely referred to as the
"Interests".
TO HAVE AND TO HOL1l tbe Interests unto Assignee, Its successon and assigns, forever, subject to
lhe following term.• and eondltlons:
Sale No.
Lot No.
/'Eic
"
lllllllllllllllllllllllllllllllllllllllllllllllllllllll
&21784 02/27/20e3 03:24P 81441 PZBI H ALSDORF
2 of 6 R 31.00 D 0. 00 GARFIELD COUNTY CO
1. This Assignment Is al!ccpted subjttl to, and Assignee agrees to assume and perform, any and
all of tile llabilllles aad obligations, or aUcgetl or threatened llabllltles aad obligations, of
Assignor under the lnlor .. ts and exlstlng oil and gas Land~ asSignments, operallog
agreements, product purchase and sale ~:ontracts, Lands, permits, rights-of-way, Ucenses,
easemeats, options, orders, and any other agreements or con•racts attributable to and
affectlog tbe Interest~ Including but not limited to, any and oil obligations (I) to pay and
deliver royalties, overriding royalties, non-participating royalties, and otber burdens on
production, (II) ln connection with or arlslng out of balancing of overproduction or
underproduction from the Interests, and (ill) In compllanee with all laws and governmental
regulations with respect to the Interests Including, but not Umlted to, the lawful plugging and
abandonment of oil and gas wells and the restoration of tbc surface of the land as nearly as
possible to Us prelease condition, whether or not such UabWtles and obligations, ar aUeged or
threatened llabUltles and obligations, are caused by Assignor's negligence and \Vhether or not
suoh Uabllldes and obligations, or alleged or threatened liabllltleJ and obllgaUon~ arise
during the period of, or from, or in connedton with Assignor's O\YDersblp or operation of the
Interests. Without U11ltatlon of the foregoing, Assignee agrees to assume and perform any
and all of the llabllltlcs and obllgatlon~ or alleged or threatened liabUltles and obligations, of
Assignor for claims, losses, damages, costs, expenses, diminutions Jo value, suits, aud ~uses of
notion or any kind or ebaractcr, with respect to the environmental condition or tho lntere.~ts,
regardless of when the: events occurred that caused such condition to exist and whether or not
caused by or attributable to Assignor's negligence. Assignee shaU, to the fullest extent
permitted. by law, protect, defend, Indemnify and hold Assignor and Its directors, officers,
employees, agents and representatives of each of them, harmless from and against any and all
clalmSt losses, damages, cosQ, e~pepses, diminutions In value, suits, tauses tf action or
judgments of aoy kind or eharaetcr wltb respect t4J any and all liabilities and obUg11.tlons or
alleged or threatened Jlabllltles and obligations, Including, b11t not limited to, any interest,
penalty and any attorneys' fees and other costs and expeases Incurred lu connection with
Investigating or defeudlng any claims or actions, whether or not resulting In any liability,
attributable to or u.rlslng: out of (I) ownership or operation of the Interests subsequent to th.e
Effective Date, and (I~ Assignee's assumptloo of any liability or obligation In aoeordance with
this paragraph.
THE INDEMNIFICATION, RELEASE AND ASSUMPTION PROVISIONS PROVIDED
FOR IN TillS QUITCLAIM DEED SHALL BE APPLICABLE WHETHER OR NOT THE
WSSES, COSTS, EXPENSES AND DAMAGES IN QUESTION AROSE SOlELY OR IN
PART FROM THE GROSS, ACTIVE, PASSIVE OR CONCURRENT NEGLIGENCE, OR
OTHER FAULT OF ASSIGNOR.
2. TillS QUITCLAIM DEED IS EXECUI'ED, DELIVERED, AND ACCEPTED WITHOUT
ANY REPRESENT AnON, WARRANTY OR COVENANT OF TITLE OF ANY KIND OR
NATURE, EITHER EXPRESS, IMPUED OR STATUTORY. THE INTERESTS ARE
BEING CONVEYED AND ASSIGNED TO AND ACCEPTED BY THE ASSIGNEE IN
THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR, AND WITH ALL
FAULTS AND DEFECTS, WITHOUT ANY REPRESENTATION, WARIIAN1'Y OR
COVENANT OF ANY KIND OR NATURE, EXPRESS, IMl'LIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MARKIITABILJTY,
QUAUTY, CONDITION, MERCIIANTABII.JTY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF \VIUCII ARE EXPRESSLY DISCLAIMED. IT IS
UNDERSTOOD AND AGREED THAT ASSIGNEE SHALL ACCEPT AIJ.. OF THE SAME
IN THEIR "AS IS, WHERE IS" CONDITION AND STATE OF REPAIR AND WITH ALL
FAULTS AND DEFECTS, INCLUDING, BUT NOT LIMITED TO, THE PRESENCE OF
NATURALLY OCOJRRING RADIOACTIVE MATERIAL (NORM), IN ADDITION,
ASSIGNOR MAKES NO REPRESENTATION, COVENANT OR WARRANTY, EXPRJ'.SS,
IMPLIED OR STATUTORY, AS TO THE ACCURACY OR COMPLETENESS OF Al>'Y
DATA DELIVERED TO ASSIGNEE WITH RESPECT TO THE INTERESTS, OR
CONCERNING Tm: QUALITY OR QUANTITY OF 11\'DROCARBON RESERVES, IF
ANY, ATIRIBUTABLE TO THE INTERESTS, OR THE ABIIJTY OF THE INTERESTS
TO PRODUCE HYDROCARBONS, OR THE PRICF.S WIDCH ASSIGNEE IS OR WILL
BE ENTITLED TO RECEIVE FOR ANY SUCH HYDROCARBONS.
Sale No. I <gf C
l.ot No. (.
111111111111111111111111111111111111111 m 1111111111111
621784 02/27/2003 83o24P 81441 P282 n ALSDORF
3 ol 8 R 31.00 D 0,00 GARFIELD COUNTY CO
3. Thls Qultdalm Deed shall Inure to the benefit of and be binding upon the ptrtles hereto, thelr
heirs, successors and aislgns.
4. This Quitclaim Deed my be executed by Assignor and Assignee In any number of
counterparts, each of which shall be d-eemed an orl&lnallnstrumeat, but all ofwhh:h together
shall constitute one and the same Instrument.
W. NESS WHEREOF, this Instrument Is executed tbe It/A-day of
::fl~'"-"~*-:::---' Z003, but shall be cffc<llve as of the 1st day or February, 2003. (the
ASSIGNORS:
DAVID R. FLINN
CHRISTIANS. CHISHOLM
~.{J!L-
H.IIUNTER WHITE Ill
/-I)I._CL._
STATE OF COLORADO )
)ss.
DAVID R. FLINN executed the foregoing instrument before me tbl~ day o[ ;;&i'¢01. fdc ;
zoo,il,.<
cih::s;·.·=·
z;ror.;;; Public . ~
My conomiSJion txplri(!.Vr"f t::fZ Jtz"f'
STATE OF COLORADO )
)ss,
COUNTY OF DENVER )
VIVIAN M. BE'ANUM
NOTARY PUBliC
STATE OF COLORADo
.!l: CHRISTI~ S. CIIISIIOLM exec~led lbe lor'Fing lnSirument before me tb~ day
~.ZOQiV
Sale No.
Lot No.
I 'g/ c
(,
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621164 02121/2003 e3•24P 81441 P283 " ALSDORF
4 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)If.
CO NTY OF DEN~R )
JR. executed lbe roregolag Instrument berort me this .LL/J._day
LDLUt.I4AA.
Sl"ATEOF€61o61tADO )
p,.,,<J., O•lu.~ )"·
Ml:TtiTY OF 9ENWft )
JOANNE M. COLOROSA
NOTA'!V-~UBLIC __
STATE OF o.;OLORAPU
My tocudaiDD Explmllov.l, 2JIM
f;~:!l'.-:l .:~ J:':_>'"" ~·:i--.1~CF
f.tW CG:,j;,-Hs~;:U;• k •. ,).!EO FOR
Sale No.
Lot No.
...
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&21784 02/27/2803 03:24P Bl441 P284 n A~SDORF
5 of 6 R 31.00 D B.00 GARFIELD COUNfY CO
ASSIGNEE: TOM BROWN INC By:~b,#~--~
Name: Rgdney G Mellott
Title· Attorney•in-Fact
Q1RMR4TF: A('KN0\'7 EPGMF'NT
STATE OF ______ _
COUNTY o•·-------
BKFORE ME, the undersigned authority, on this day personally appeared
~~~~==~~=;,;;~~;;,~~~~~;;;;;=;;=;;;; o! ~ , known to me to be t~e person and
o!ficer whose name Is subscribed to the foregoing instrument, and acknowledged to me that ltelsbe executed
the same for th~ purposn .1110d tonslderatlon therein cxpreHed and In the capadty therein staled as the act
and deed of 5ald corporation.
GIVEN UNPEI\ MY HAND AND OFFICIAL SE.41. OF m1'1CE on th~ __ d•y ol
-------~2002.
MV COMMISSION EXPIRES:
Notar) Public
AJTORNEYINfACXACKNOWIEDGM[NT
STA'I'EOF COLORADO
COUNTVOF~DE~N~V~~~----
BEFORE ME, the undersigned authorhy, on Ibis day pC!rsonally appeared
Rodney G. MellCltt AUomey·ln-Fac:f for
Attornev-in-Fa~t: , known to mC! to be lhe person
whose name Is substrlbed to the £oregoing Instrument, And acknowledged to me that he/she exell!uted the sa~
£or the purposes and t:onslderatlon lhertln e.1prened ~tnd In the capacily therein 1tated.
GIVEN UNDER MY HAND AND OFFICIAL SEAl, OF Of'FJCE on this .!ItA: day or
February ,ie&lr 2003.
MV COMMISSION EXPIRES:
12-6-03
wmnm'AI ACKNowr rnGMENT .'r, ""'""'""'""'_""' ... -~ .... il
PHYLLIS MALISHESKI
STATE OF ______ _
COUNTY OF ______ _
tiOTARV I'IJBLtc. STATE Of COLORADO
,l-
BKI<'ORE ME, the undersigned authority, on this day personally appeared -.==,.-;.,.-,:-==;:-:--::::====.,-,=c:'' known to me to be the penon whose name Is
IUbscrlbed to lhc foregoing Instrument, and acknowledged lo rne that llr/slle executed the same lor the
purposetand unslderatlon therein expressed and In the capacity therein stated.
GIVEN UNDER MY HAND ANt> OFFICIAL SEA!. OF OFFICE on thl• __ day or
_______ .,2102.
MY COMMISSION EXI'IRES:
Nolary Public
Sale No.
Lo1No.
I 'if/ c..
c.
111111111111111111111111111111111111111111111111111111
821784 m2/27/2883 03:24P 81441 PZBS n ALSDORF
6 of 6 R 31.0m D m.00 GARFIELD COUNTY CO
EXIUBITUAIJ
WELLS:
"fBI FEDERAL #25-42
RUUSON FEDERAL H-25-7S-96W
S. PARACHUTE TBI36-22
S. PARACHUTE TBI36-23
LANDS:
Township 7 Sn!Jfh Bange 95 Wed 6tb p M
Section 31: All
Tpwnshlp 7 South Bange 96 West 6"" PM
Sections ZS and 36: All
Garfleld County, Colorado
SESW See. 25-T7S-96W
SENE See. 25-T7S-R96W
SENW Sec.l6-T7S-R95W
SWNE Sec.l6· T7S-R96W
Sale No.
Lot No.
)'iS/ c.
!.?
Encana document
Sec. 25 & 36
36 (High Mesa C.S.)
Cltzr-7t. .f!
-~-_....-...., ____ _ ...... "._____, ________ .........
Tws 0UD, ....,,lkl, lOth 4ilrtl June
u91 , "'hoM• PiMneid ~ Inwurtr.~nl CcoJporattm
~H3 1Cer3:Jii 11 Co..irt
I._ • _,.,.~~.,_ ..., gu;.Y:...~ .a~"' rlr111• " th a. .. ,
.,, lhll su .. •' Dl:ll~o .r \lot 11t.s ...,..., ,,.,
'191 Pl'(lt\lctinn Ctnpauy, Jh::,, a Doloillo\U'e ~rfttion
~ss 17th st.. SJJ.t..e 1950, ltenwr. co MlM
~"""""'»""'CO"'K" tJ li!J ace: rcrcclc t:a Jaa;";f
of u.. __ , .. ,..,
........... "-..
o. "'·. l.tJ."
a• 1rom tully duczJ..btld C11 t:xhiJJit "A .. auachold ht!.mto
and m.xSo :II ~ Jwreof,
1io~
~q-.l:'--b ..... r---.......... ~·9 . __ _______,____ =· ------·-. . ?>
••u,_,.n..,~,__..-..,......,....,,._uno•-.-----..1,j.r f11 ef,.1 ~., .. ~.~ ..
, .iJ.>' O" lr. J,,.to:/Jlt;
0 -----· ,.,.;.. 80~ :J
11 .. , ...
hlmlb.iaJ Swlh_ Rangp 26 W«t,.~,..tbi
~tthon lS: S1!4$W4
Section 36: t:.lNW.4. NE4SW4, S2Nri4, NlSt::4
Gufidd C(lunl)', Culuti&do
conLiininr: 320 net swf6CC 1m•. more M lm, acul
Z40 net mrnthll lk:res, flllliC ur lus
in,hadirl~o b\11 Dol limited to, -11 oil, au. 11M nrher hydnxubon 111'b""'-ccs. a"nioenb,
a~ee ftc tiWU, nrinual fct Cltatcs, reversion and revcr•lons. rem~rndcr and
remainders, n11ts, iKSuts and p~ofin thereof, oil, J.U and mintnl leasu. right and
IDtursts atuibuLible or allocable lu the oil. s•r and nuntral le&sts by virtue ol
JIOOiing, uniliadon, and conunwUrWrion lltrtements, surl'tce lettt.l, cuemcn1:1 -'od
rigllts-or.way lr.\:1\M.kll within ot adjucc:n110 the~.. interut1, Jiuues. ~omrk. water
riJ,Ms, Wlttl well~ .and water stock, including. wirhout IUni~a~tion, \hal cutain mad
easetmlll ruerved Wid« that cenain l>ecd, dalr.d Fcbn.ary ll, 1962, berweeD l:I11Jdc
V. Haywud Jnd Nellie 0. Hayward, as parlks t>hhe (nst part, and William 0. Oates
ll!d JaBIH YJ. Dearinc. as paniu or lhc setotld. part. rccorckd in Book 319, 11 Pajc
417u docwnent2166!11 ul the Oarfttld county Clu\ .,.tl Jb:001du'1 0€6~:.:.
51abJul 1111 U.S. Patcnl rcmntioo1. I'AVml'.nts .nd ti&bts-o!-wa)' of tcc.or:d 01 in
pl&ce or in u..#> u6 building and <tt~nrft8 rq.ul&!ioM
280
St•t• of D'''"''"'
Office of the Secret11ry of State PAOI l
I , &DIIUII J. FUll., IICitaftll'f OP IUft or ~0 8'1'UI OP
DIUII.U&, DO UMH ~In 2'111 CIA!IFIC&U OF 01'-IIIIIIP, UJC8
MIMU:
'ftl PIWl!IUC!JCII c:Girllll'', .\ DILIIIW COIII'OMTIOM,
wtr• AMD tllrO •to~~ UOMt, INC. • UWZtn 1111 ,.... or •7e11
IMinO, IIIC.', a I!OQOMtiOM ORGUUID alii) Ulll'JIIQ UlftlU ftK
JII.WI ot ~ BUn or Dl....,......, bl NQIIY&D AIIP PU.D :Uf ftll
OM'tCI tn ---IIi~ ar 11-.R, &.D. Ull, ~ t
O'ct«ll &.II.
alii) I DO llllllf __ cutin 1'111'1' ftl ArORII&lO
COIIIOM'I'Jal lULL II -11'1 1111 Laft CW Rl ltaft tJ/11
ou.auu.
alii> I DO II-N11R111 C:.III'Jn flat '1'1'11 UPIC'I'M DUll or
ftl &IOUI.\11> ClftlrJOft 01 -liP II '1'11 ftlllln•rolllllll DAT
or~. a.o. tttl.
. . .
Jllt'JU IUD
~ Tl.t/:J:J.d ... -~ A\ITH'IIN'nC'A1'JON, fiUI73. ~
DAft lt•U•fl b 1 '!> ·
b' ·~·-----······· ..... ·---· -·--·----... ---.
fiUIOl71
BK 3825 PG 952
1Jefaware
'1/ie J'irst State
PAGE 1
2235845 BK 3825 P6 952
01/27/2005 01:38 PM
Janice Yard CLK&REC Mesa COI.mt<.h CO
Red'ee $5.00 SurCh9 $1·00
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTili'Y TilE CERTIFICATE Oli' MERGER, WJJICH
MERGES:
"TBI PIPELINE COMPANY", A DELAWARE CORPORATION,
"TBI WEST VIRGINIA, INC.", A DELAWARE CORPORATION,
"TOM BROWN, INC.", A DELAWARE CORPORATION,
WITH AND INTO "ENCANA OIL & GAS (USA) INC. 11 UNDER THE NAME
OF "ENCANA OIL & GAS (USA) INC. ", A CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, WAS RECEIVED
AND FILED IN THIS OFFICE THE TWENTY-SECOND DAY OF DECEMBER, A.D.
2004, AT 6:15 O'CLOCK P.M.
AND I DO .HSREBY i'tmTBE.R CERTIE'1' THAT THE AFORESAID
CORPORATION SHALL BB GOVERNED BY THE LAWS OF THE STATE OF
DELAWARE.
AND I DO HEREBY FURTHER CERTIE'1' THAT THE EFFECTIVE DATE OF
THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF JANUARY,
A.D. 2005.
2137895 8330
050039241
Harriet Smith Windsor, Secretary of State
AUTHENTICATION: 3628833
DATE: Ol-20-05
Q~z>~.7&i!
-.a.-w.
Tms D~:zn, ~. t~~i• 30th ._7 o« June
19 97 , betwtell f'i.nancial land :InV6Bt11ent corporation
6363 Kerryhill Coort
Aooura Hills. CA 91301 a I!OifiONtian. dalr cr'r-Pnl&M-aiiir e;'JIC;Inlf Udtt anrl b;r tirtua of t'ha law•
of the !tate of Delaware of \hi Ant. put, .. nd
'IS I Production catpany, IJX::. , a Oela'!oMre Coxporation
555 17th St., Suite 1850, Denver, C) 80202
~v)OQOCX]OQO(Kl(XJ .Zfilllf'!ifOOOOOCCCC~
of the MCOAdi part~ • 133.-
WITNBSSB'l"H. ~t th1 tafd part:J" ff Ull fJor1t part, tor IUIId In c4W!Id.erat.fOD ol th• nm ot 01"18 hundred
dollars and other oood and valuable consideration ($100.00 o.lr.c.l ~
to th ••ld part, of tiM tint: pari'.ID hid Jl&l4 llr the 1ald. ~Jt.d_y of the 1teoDd part, tb receipt •'er.of 11 h•n•tbJ
coafeu-4 ud. ldalowltdre4, ll.atb p-anted, b&r~baocl,10ld nd'"cODnred, and b7 the•• prttlfttl doth cru\ harpia.
Hll, C'MUJ' .&nd aollllnn unto th1 .. ld ~art y of 1he .-eond pan, its heJrt, &lllcl aaalp.• foHTtt,
aU ol the followln&' 114:•cribed Jot or Jift.Z ot lud, eltuata, Jfkla &Nl belq in the
Couatr of Garfiold &lid St.t. of Colorado. to witl
as ttOre fullY deacribed on E:xhiliit 11A~' attached hereto
and ne.de a part hereof.
Fi.Mncial Land Inveatnmt Corporation puty ot the tint. part, for-ttt.U.
ahd. IU RCI!.a&mq,, doth ~fltullt,. pan&, ~. lUll! q:rM to abel with U.. NJcl put 'J af tbt ltoODcl )art.
its h1ln n4 aaaipa, that at tho ~~ ot th• ~~~ aad tlellnt7 of l:htM pNHDtl It ._ wdl
.aelaed ol tha p~ abon I:OhftJ'I4. • of 11o pod, allre, pafld;, abii)J.ute ancl fhdd'eutble allat. of hlhari~ .. Ia
law. In fM ltmple, and hath nod tlrht, hll po..w az:ad laWful •1l'hotlt7 to pant, kraal4, .. n aad. CO'"*J' the •m•
in ma~tr 1114 tom~ .torea&ld, aact that the •111• ue fn• and diU' frea aU farmar aiul tither l'ttDta. barzalnl, w .. , UtM, tazea, ua~ta &~~cllmv.mbnac.t~ of wbttnr kincl or Mt:an ~wr;
Ne.. tf.OB. W.t.ltJLU(TI' nwm C qow•...._ ~l"lltillabt••o.t.,W'-11-IJ~U.•w,~
~lo~
j
EXH!BlT"A"
to that certain Deed, dated June 30, 1997, from Financial Land
Investment Corporation, as pany of the first part, and TBI Prod·
uction Company, Inc., as party of the second part.
Township 7 South. Range 96 West. 6" P,M.
Section 25: SE4SW4
Section 36: E2NW4, NE4SW4, S2NE4, N2SE4
Garfield County, Colorado
containing: 320 net surface acres, more or less, and
240 net mineral acres, more or less
including, but not limited to, all oil, gas, and ether hydroc:Jrbon substances, minerals,
surface fee estates, mineral fee estates, reversion and reversions. remainder and
remainders, rents, issues and profits thereof, oil, gas and mineral leases, right and
interests attribulable or allocable to the oil, gas and mineral leases by virtue of
pooling, unitization, and eonununitization agreements, surface leases, easements and
rights-of-way included within or adjacent 10 these interests, licenses, permits, water
rights, water wells and water stock, including, without limitation, that certain road
easement reserved under that certain Deed, dated February 23, 1962, between Claude
V. Hayward and Nellie G. Hayward, as parties of the first part, and William G. Gates
and James W. Dearing, as parties of the second part, recorded in Book 339, at Page
417 as document 216691 of the Garfield County Clerk and Recorder's Office.
Subjeot to: U. S. Patent reservations; easements and rights-of-way of reeord or in
place or in use; and building and :wning regulations.
1-111111-lllllllllllllllllllllllllllllllllllllllllll.llll.
!18157 87/ll/lts1 84:e8P 11825 Plll 432
2 of 2 R 11.80 D 33.88 N 8.88 GARFIELD Ct.ERK
280
•
Stltte of Dtl4Witrt
Office of the Secretary of State PAG&
1
1, IDIIUD J. I'JIIIL, l&clll'fd'l OP l'f.lft or 'fD lfA'l'J OP
DIUIIUI!, DO ftdl! CJIRS'U'Y 'lll CIII.!'JPIC&!I or Of'IIIR .. tJ', UlCI
ICZRGII:
"'fill l'IIDDUC'!ICM CCMIIAJI!'", A Da.AIII.JII COIIPOI&'fiOif,
lll'fl »>D 111'10 "!C* JUIOIIK, life:. • UIIDIJt 'fll 111111 ~ •roN
81101111, %1fC. • , A f~OJUIOM'f%CM ORGUIII!lD »d) U:JI'fiii'IJ UMDIA HI
l.AIIa or om SU.!rll oP DILDAM, WU JW:JlVID .lllll PU.ID Ilf 'rill
O)'FJCI t'D fllawft-toUMI IllY or IIOVINBIII, A.D. Uti, .U '
0' CLOCK A.k.
lHD t DO 11111111 rvlltDJt.. cutlft' HA'I' Ill UOJIU&lD
COJUIOM'fiCIIt IIAI.L II CICWIIIIm) llr 'fill Laft 01' '1'111 l:r.ul orr
DILAIIAN.
AND r no lllllft' rvuaa c:~mn 'fU.t '1'111 ~~rnctm oua or
7111: uounw caMrrrc:an or OIIHIJUIIIP tl 'l'IB 'fnll'l'I'·IWICtl •r
or NOYIMIIR, &.D. 1'11.
2111TU IUD
~ ~
U1UD:I'71 DATE: 01·11-tll
i rll.o -·,
··;.
'-+
•' ·:
J,'····· ---<.x
;:.:
::, .,., -\
•.· ...
..•••.. -~-··· . --~---------·· ·····~··--.... _ .. ______ _.. ............. _4, ......... ~----.. -----------·--
1111 Ml".~o r:M\'I,MII.~I.I'~I.I'!Wfllll+~llllt 11M.~·~ II II I Reception~: 820165
06/18/2012 03:49:09 PM Jaan Alberico
1 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
SHORT FORM OF SURFACE LEASE
STATE OF COLORADO §
§
COUNTY OF GARFIELD §
THIS SHORT FORM OF SURFACE LEASE ("Short Form of Surface Lease") is
entered into this 27lh day of October, 20 II (the "Effective Date"), by and between Encana Oil &
Gas (USA) Inc., whose address is 370 171h Street, Suite 1700, Denver, Colorado 80202
("Lessor"), and Grand River Gathering, LLC, whose address is 2300 Windy Ridge Parkway,
Suite 240S, Atlanta, Georgia 30339 ("Lessee").
I. Property. Lessor hereby grants, demises and leases to Lessee, and Lessee hereby
leases from Lessor, the surface of the property more particularly described on Exhibit "A"
attached hereto located in Garfield County, Colorado, and containing 3.31 acres more or Jess, as
depicted on the survey attached hereto as Exhibit "B" (the "Property").
2. Lease Agreement. This Short Form of Surface Lease is part of and shall be
construed in connection with that certain Surface Lease dated effective as of October 27, 20 II
(the "Lease"), to which reference should be made for additional rights and obligations of Lessor
and Lessee, including, but not limited to, the following terms:
a. The Lease commences on October 27, 2011 (the "Effective Date"), and
shall expire at lJ :59 P.M. on the day immediately preceding the ninety-ninth (991h) year
anniversary of the Effective Date, unless (i) Lessee, or any of its successors or assigns, ceases
operation of the compressor facility commonly known as the High Mesa Facility (the "Facility")
for a period of six months (in which case the Lease shall expire on the last day of the calendar
month following such period of non-operation), provided that, (a) in the event that Lender (as
defined in the Lease) is undertaking remedies under its loan documents, such six month period
shaH be extended on a day for day basis during the period of time that the Lender is diligently
undertaking such remedies, and (b) in the event of any casualty, condemnation or force majeure
event, such six month period shall be extended on a day for day basis during the period of time
that Lessee or a Lender is diligently undertaking design, development or construction activities,
or otherwise pursuing restoration of the Facility, in connection with a casualty or condemnation
relating to the Facility, or during the period of time in which Lessee, the Property or the Facility
is subject to a force majeure event, or (ii) the Lease is terminated sooner pursuant to the tenns of
the Lease (the "Initial Term"). The Lease shall extend on an annual basis for so long after the
Initial Term as Lessee continues to use the Property for the construction, placement or use of one
or more compressors with related tanks, metering stations, piping and any other facilities deemed
necessary for the operations of such compressors and otherwise complies with the terms and
conditions of the Lease (the "Extension Terms" and, together with the Initial Term, the
"Term").
7
1111 M\".1. f~·~~~~·l,l'tJW'WilL~It'!lfloM:I~ If/\ ~·Ill II I
Reception#: 820165
06/19/2012 03:49:09 PM Jean Alberico
2 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
b. Lessee shall have the right to use and occupy the Property for: the
operation, construction, modification, expansion, and removal of one or more compressors or
compressor facilities.
c. Lessee shall not assign or sublease all or any portion of the Lease, other
than Permitted Assigrunents (as defined below), without the express written consent of Lessor,
which consent shall not be unreasonably. withheld. In connection with a Permitted Assignment
described in subsections (2) and (3) below, or if consent is granted to an assigrunent that is not
otherwise a Permitted Assignment, the assignee or sublessee must assume the Lessee's
obligations under the Lease that accrue from and after the date of such assigrunent (provided that
Lessee continues to be responsible for obligations that accrue prior to such date of assignment
unless such assignee also assumes such obligations as well) and agree to assume, and become
bound by, the terms and conditions of the Lease. The Lease shall be binding upon and inure to
the benefit of Lessor and Lessee, their respective legal representatives, successors and assigns.
Notwithstanding anything to the contrary contained herein, Lessee may, at any time and from
time to time, and without the consent of Lessor (each, a "Permitted Assignment"):
(I) Mortgage, pledge, encumber or otherwise collaterally assign to any
entity all or any portion of Lessee's rights and interests under the Lease (for purposes of the
Lease, each entity which now or hereafter is the recipient or beneficiruy of any such mortgage,
pledge, encumbrance or collateral assigrunent and (i) which shall have notified Lessor in writing
of its name and address, and (ii) whose lien or encumbrance is now or hereafter recorded in the
official records of the County in which the Property is located, shall be referred to in the Lease as
a "Lender"); provided that no Lender shall be required to assume, or become bound by, the
terms and conditions of the Lease until such Lender, or its successors or assigns, has foreclosed
Lessee's interest in the Lease;
(2) Transfer, sell or otherwise convey all or any portion of Lessee's
rights and interests under the Lease to an affiliate of Lessee; and
(3) In connection with the sale of all (or substantially all) of Lessee's
assets, transfer, sell or otherwise convey all of Lessee's rights and interests under the Lease to a
buyer of such assets.
3. Successors and Assigns. The Lease shall run with the land and shall inure to the
benefit of and shall be binding upon Lessor and Lessee, and their respective legal
representatives, successors and assigns.
1111 Wo~. F~'Wl/,MV ,IW Ill I.W:~~IIr,IWl',I!IIIL ~·~ IIIII
Reception": 820165
06/1812012 03:49:09 PM Jean Alberico
3 of 7 Rec Fee:$41.00 Doo Fee:0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, Lessor and Lessee have executed this Short Fonn of Surface
Lease effective as of the Effective Date.
LESSOR: Encana Oil & Gas (USA) Inc.
By: -~,.b-F---'-''<S'-;_:_-=------5.-" Name:~'~'~~~~~~,~~·------
Title: ~
STATEOFCOLORADO )
) ss.
CITY AND COUNTY OF DENVER)
The foregoing instrument was acknowledged before me this zjl!. day of 0 cJ» her '
2011, by:). C>q--p., :fo,1 e.> as V;c..c.-Prc.s~ ofEncanaOil &Gas (USA)
Inc., a Delaware corporation.
Witness my hand and official seal.
My Commission Expires: ------
(Seal) ..,._....,....,. ..... ,.,..,._""1
JUDITH B. SISNEROS
NOTARY PUBLIC
STATE OF COLORADO
My Commlnlon Expires 03/17/2012
1111 Ml"o~o F:llii\"1,!'\IU.~~ Nrlllrrrtl~l,w,IW lfi\ ~~~ II II I Rece~tAonH: 820165
06/18/2012 03:49:09 PM Jean Alberico
4 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
LESSEE: Grand River Gathering, LLC
Q.-f/Lb_ II f' a/t> radO )
) ss. t!A.dj q ~fzt tJr /)~~
The foregoing instnJmcnt was acknowledged bef~re me this .;:)7 day of {)C#Jbe.J}..
2011, by .Qtev.e fl.t!t.UJ;::rs PA~sl~ of Grand River Gathering, LLC, a
Delaware limited liability company.
1111 Wo~r f:IJI'k."I,M 1 \IIWI,r+\~ l!~~~ltlriHit ~~~~ IIIII
Reeeptionn: 820165
06/18/2012 03:49:09 PM Jean Alberico
5 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
Legal Description
Attached to that certain Short Form of Surface Lease by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Grand River Gathering, LLC, as lessee
A tract of land located in the SEI/4 NWI/4 and the SWI/4 NEI/4 of Section 36, TIS, R96W,
6th P.M., Garfield County, Colorado, being more particularly described as follows:
Commencing at the Northeast Corner of said Section 36 and running thence S89°3l '04"W,
2661.04 feet along the North line thereof, thence S00°28'56"E, 1951.21 feet to the POINT OF
BEGINNING;
thence S!0°00'36"E, 260.14 feet;
thence S78°0l'39"W, 180.42 feet;
thence S48°33'14"W, 87.71 feet;
thence S76°43'48"W, 130.00 feet;
thence N71 °29'39"W, 196.64 feet;
thence Nl7°32' 15"W, 82.44 feet;
thence N21 °)8'51 "E, 164.20 feet;
thence N77°32'58"E, 167.91 feet;
thence S53°32'47"E, 83.68 feet;
thence N67°30'03"E, 264.01 feet to the POINT OF BEGINNING.
Said tract containing 3.31 Acres, more or less.
1111 Ml"o~. r~'M'k."I,M~ llfM~I, ~~Wrlrrr"IHIIIII~ ~~~ II II I
Reception#: 820165
06/18/2012 03:49:09 PM Jean Alberico
6 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
ExbibitB
Survey
Attached to that certain Short Fonn of Surface Lease by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Grand River Gathering, LLC, as lessee
[see attached survey]
II II Wo~o f:rril\'1,~ l'+lL IWL l~fllll~l'-'1', ~ ~~~j IIIII
Reception#: 820165
0611812012 03:49:09 PM Jean Alberico 7 of 7 Rec Fea:$41.00 Doc Fee:0,00 GARFIELD COUNTY CO
I ~
L SIT!! BOUNDARY
M>rllo 1/~
""""' S"oc!Jon Jll
IH"I~oCoj>
H67"JO'OJ"£.
2llf..01'
I
SB9"J1'04"W. 2694. 71'
(2661.04?
NorUI""n ,.,w """" ... 1112 CO.LO
""""'
S5J'l2'47"E;
N21,8'61"f,
1B4.2D'
Nlr.:J2'15"W
===~~===~~ 82.44' APPARENT LANDOWNER:
ENCANA OIL & GAS (USA) INC.
L£G£ND
PUBUC l»JD SURYfY CORNER
e .ANGt£ POJNT
P.O.B, POINT OF BEGINNtNG
LEGAL DESCRIPTION
......
A lro<l cflondloaolod tl lhe Bel/4 NWI/4 lllld lhe 8W1/4 NEI/4 of -36. T1S. R96w, twiP.M. -COIM!Iy. COindo, bolng motW,.nncUUtty---
CoiJOI.NQOfllie-Ciimorof--llffiiiiiii.<WJtw
-8W811H'W,21101.04IINiolotvlhoNotlhllne--800'28'1J6'11. 1861.21 lliollolhe POII{TOFBEGINNING;
fl»noe Sll!'ll036"l1, 2110,14 IIIII;
fl»nooSI'S'OI'39'w, 110.4211111;
--14'w,tfl.11 IIIII;
-87B'"'IfB'I'I. 130.00 1NI;
-NTI'29'39'w, I-IIIII;
fl»noe NI7'32'1!'W, /12.44 1N1;
-N21'1B'tii'E. IIU.RI/11111;
-N1i~lil'l1, 187.8111111;
,._S&1'S2\IM;&UBIIIII;
-MI7"30'DS'E, 284.01 lliollo lhe POINT OF BEGINNING.
Saldhci~Ufknoo, .... orlooo. Tile-_,, .. -being 888"311H'w, 2t!IU.71-___ .,,._COmorlllldlheNotlh
COmorcf-36, m, RNw. IWIP.M.
Encana Oil & Gas (USA) Inc.
HIGH MESA
COMPRESSOR
(J. Jl Ar:res)-....r-c::;
CERTIFICATE OF SURVEYOR
/, Ted Tllilfpltt of Fllllla, Colonldo hereby 08ttlfy
thatth/omap--llllm--
duttn(1., aclual eurvey ,_by me or under
my dlr8cllon for Encano 011 & Gas (USA) Inc.
llfld lhBI the multo ofwllkh.,.. COII'8CIIy
shown'-.
)
)
Authorizations
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
ASSOCIA T ES
OA Project No. 012-0539
June 2012
826 2 1 Yz Road 1 G rand Junction, CO 8 15051 TEL 970.263.7800 I FAX 970.263.7456
IIIII\\"• U11i'i,\MU ~~ W1t riO:~~~~~ '"/I,~~~ IIIII
Reception#: 809981
10/28/2011 11:31:41 AM Jean Alberloo
1 or 1 Reo Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATEMENT OF AUTHORITY COpy~8108EA 0FRE~
Pursuant to C.R.S. §38-30-172, the undersigned executes
this Statement of Authority on behalf of Grand River Gathering. 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 Grand River Gathering, LLC
and is formed under the laws of ~D~e~la~w~a~r~e ________________________ __
The mailing address for the Entity is
2100 McKinney Avenue, Suite 1250, Dallas, TX 75201
The name and/or position of the person
execute instruments conveying, encumbering,
affecting title to real property on behalf of
Steve Newby, President
authorized to
or otherwise
the Entity is
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows: None ------------------------------------------
(if no limitations, insert "None")
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 Z(.. day of c:>c:h¢.....& ' 201!._.
Name(typed or printed:
Signaturecc::<:J::tc<;~~~~~========~---
SteveNewbP
Title 1 if any) : President
STATE OE' ~ ~ ----------
COUNTY OE' ~SS.
~~~egoing instru~e~~~f~yacknowledged before me
------------------------------' a
Witness my hand and official seal.
MY commission expires: QerJ Feman!1ez
Notary Public
[SEAL) Nfw.Jt~My
05/09 -Coll'mlllon fllplrll1 to08-2012
this .;< " day of
, on behalf of
May 31, 2012
Mr. Fred Jarman -Director
Garfield County Building and Planning Dept.
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Agent Authorization
Dear Mr. Jarman:
Grand River Gathering, LLC (GRG) authorizes Lorna Prescott, Mike Markus, Keith Leonard and
Amanda Jacobs of Olsson Associates to act on behalf of and represent GRG in all matters
related to the attached Garfield County Limited Impact Review Land \.Jse Change Permit.
Please contact me should you have any questions.
Sincerely,
C:L~ ~ewby
President
II II Ml'• ~:J'IIIII~M~1,!~i,~~,lf~~!r1•:1~ll:lfil'l'll 1\ ~~~ IIIII
Reception~: 821267
07112!2012 01 05 38 PM Jean AOlb.'ooricGgRFIELD COUNTY CO 1 of 1 Rec Fee $11 00 Doc Fee
STATEMF::"<T OF ACTIIOHITY
Pur.~Ui\11\lo ('.ItS.$ ~H-30-17'2. tho;: lllhlcrsigncd 1..'\Ti..:Lih:-i thi:-. Sta!Ctll('lll or Authority Oil behalf or
lncana Od ...\:Cia'>(\:\,<\) In~.:. a Dda\\,trc CL)rp••l;tti,HL an t:nlit~ other than1111 iudi\ idual.~.:apabk
of!wldtllf', title to real proper!) (the 'T.nltty"). ;md stall'S lh rolll1W:·;:
Tlte n<Jme tlf the Entity j., En,_· a nil Oil S: (je~:-, ( lJSA) Inc and is li.mm:d under the law<.; of
the Swt,_~ ofl)cla,\;uc
l hl· lllililing addn:s:> ll.1r the.: lntity is :l -~II 17 11. Stn.'I.'L Suili.: 1700. lkll\t:L Clllnrado
I he nnmc ~tnd 'or position of th~.· perso11 aut hot i1cd to C:\Cl'lltc instrum~:nts conveying.
C'lh.'\illlh1..·1 ing. Or Othi..'IWiSC an\:cting titll' IO real fli'OpCli) 011 bt•lm\f oftht' J:ntit~ I.S
Hck11 ~I. Capp'i. as Allorncy-in-fact.
The lilllil,ilJ<.lllS upon th~.: aut!writ) of the pt•rsn:Jnamccl abo\~: <.1r holding tht' posit inn described
:\h1liC !11 hnd \ht' rntil~ .:-\l't' <IS l'nll\l\\.;
(i!'JhliJmitatillll'.. in:..cn ":\t.lJJc 'I
( l;hl'r matter... concL·rning tht: 111annel' 111 \\bich the Entity deals with :11\y interC':;t in rcJI
----·----.-----·
~if IW othl'r 111atter. kave this scclitill hkmJ...)
l\a11,. ~kkn \I. ( ·:~pps
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ST.<\ II·< 'I C'OICIR·\IJO I
I-,-,
CUI "I Y 01 IJLSVI I~ I
. 20:
I"IH:-l·l·•< >~11~'-iiJ\lrllJJtCnl \1.1'. n.cknn'' kdg.cd bl'!LIH.' 1nc thi:-. __ da: nf
20 _h) Jklcu ;-..1. Capps, 1lll h\!halr~·q·Lnl..'an;J (}jl & CiHs(ll~.'\) lnl'. a \kl;.marenHporation
·r::IL J,oCf(SOi~
., .'; ;>,F,'v PU8LIC
_} r .'\-a: C1F COl OM ADO
Ill/ Ml"o~o r:I'I,I"'."I,HU. !nl"!lJ,I..WWif~l!t'll ~ ~·~ II II I Reeept~on#: 820165
06/18/2012 03:49:09 PM Jean Alberico
1 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
SHORT FORM OF SURFACE LEASE
STATE OF COLORADO §
§
COUNTY OF GARFIELD §
THIS SHORT FORM OF SURFACE LEASE ("Short Form of Surface Lease") is
entered into this 27ili day of October, 20 II (the "Effective Date"), by and between Encana Oil &
Gas (USA) Inc., whose address is 370 17ili Street, Suite 1700, Denver, Colorado 80202
("Lessor"), and Grand River Gathering, LLC, whose address is 2300 Windy Ridge Parkway,
Suite 240S, Atlanta, Georgia 30339 ("Lessee").
I. Prooerty. Lessor hereby grants, demises and leases to Lessee, and Lessee hereby
leases from Lessor, the surface of the property more particularly described on Exhibit "A"
attached hereto located in Garfield County, Colorado, and containing 3.31 acres more or less, as
depicted on the survey attached hereto as Exhibit "B" (the "Property").
2. Lease Agreement. This Short Form of Surface Lease is part of and shall be
construed in connection with that certain Surface Lease dated effective as of October 27, 2011
(the "Lease"), to which reference should be made for additional rights and obligations of Lessor
and Lessee, including, but not limited to, the following terms:
a. The Lease commences on October 27, 2011 (the "Effective Date"), and
shall expire at II :59 P.M. on the day immediately preceding the ninety-ninth (99ili) year
anniversary of the Effective Date, unless (i) Lessee, or any of its successors or assigns, ceases
operation of the compressor facility commonly known as the High Mesa Facility (the "Facility")
for a period of six months (in which case the Lease shall expire on the last day of the calendar
month following such period of non-operation), provided that, (a) in the event that Lender (as
defined in the Lease) is undertaking remedies under its loan documents, such six month period
shall be extended on a day for day basis during the period of time that the Lender is diligently
undertaking such remedies, and (b) in the event of any casualty, condemnation or force majeure
event, such six month period shall be extended on a day for day basis during the period of time
that Lessee or a Lender is diligently undertaking design, development or construction activities,
or otherwise pursuing restoration of the Facility, in connection with a casualty or condemnation
relating to the Facility, or during the period of time in which Lessee, the Property or the Facility
is subject to a force majeure event, or (ii) the Lease is terminated sooner pursuant to the terms of
the Lease (the "Initial Term"). The Lease shall extend on an annual basis for so long after the
Initial Term as Lessee continues to use the Prope1ty for the construction, placement or use of one
or more compressors with related tanks, metering stations, piping and any other facilities deemed
necessary for the operations of such compressors and otherwise complies with the terms and
conditions of the Lease (the "Extension Terms" and, together with the Initial Term, the
"Term").
7
Ill/ WJI".~o f:fril'k.'I,MJI,/'W~L~I!I!lfi.U.:/~ /f/j, ~~~ IIIII
Reception#: 820165
06/18/2012 03:49:09 PM Jean Alberico
2 of 7 Rec Fee:$41.00 Doc Fee:0,00 GARFIELD COUNTY CO
b. Lessee shall have the right to use and occupy the Property for: the
operation, construction, moclification, expansion, and removal of one or more compressors or
compressor facilities.
c. Lessee shall not assign or sublease all or any portion of the Lease, other
than Permitted Assignments (as defined below), without the express written consent of Lessor,
which consent shall not be unreasonably. withheld. In connection with a Permitted Assignment
described in subsections (2) and (3) below, or if consent is granted to an assignment that is not
otherwise a Permitted Assignment, the assignee or sublessee must assume the Lessee's
obligations under the Lease that accrue from and after the date of such assignment (provided that
Lessee continues to be responsible for obligations that accrue prior to such date of assignment
unless such assignee also assumes such obligations as well) and agree to assume, and become
bound by, the terms and conditions of the Lease. The Lease shall be binding upon and inure to
the benefit of Lessor and Lessee, their respective legal representatives, successors and assigns.
Notwithstanding anything to the contrary contained herein, Lessee may, at any time and from
time to time, and without the consent of Lessor (each, a "Permitted Assignment"):
( l) Mortgage, pledge, encumber or otherwise collaterally assign to any
entity all or any portion of Lessee's rights and interests under the Lease (for purposes of the
Lease, each entity which now or hereafter is the recipient or beneficiary of any such mortgage,
pledge, encumbrance or collateral assignment and (i) which shall have notified Lessor in writing
of its name and address, and (ii) whose lien or encumbrance is now or hereafter recorded in the
official records of the County in which the Property is located, shall be referred to in the Lease as
a "Lender"); provided that no Lender shall be required to assume, or become bound by, the
terms and conditions of the Lease until such Lender, or its successors or assigns, has foreclosed
Lessee's interest in the Lease;
(2) Transfer, sell or otherwise convey all or any portion of Lessee's
rights and interests under the Lease to an affiliate of Lessee; and
(3) In connection with the sale of all (or substantially all) of Lessee's
assets, transfer, sell or otherwise convey all of Lessee's rights and interests under the Lease to a
buyer of such assets.
3. Successors and Assigns. The Lease shall run with the land and shall inure to the
benefit of and shall be binding upon Lessor and Lessee, and their respective legal
representatives, successors and assigns.
1111 Wo~. r:rlii~J,MV ,lirN.rt\1 l~l+l~llllr,IVl',lfiL ~~~ II II I
Reeeptionn: 820165
06/18/2012 03:49:09 PM Jean Alberico 3 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
IN WITNESS WHEREOF, Lessor and Lessee have executed this Short Fonn of Surface
Lease effective as of the Effective Date.
LESSOR: Encana Oil & Gas (USA) Inc.
By:
Name: J~
Title:
STATEOFCOLORADO )
) ss.
CITY AND COUNTY OF DENVER)
The foregoing instrument was acknowledged before me this )'51!. day of 0 cJ?! bcr ,
2011, by J'. C>c. cfo.1 To.1 e.> as V; c..e.-Pre.~~ of Encana Oil & Gas (USA)
Inc., a Delaware cotporation.
Witness my hand and official seal.
My Commission Expires: ------
(Seal) p __ ,........,....., ....... ......,
JUDITH B. SISNEROS
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 03/1712012
1111 ~. f:ftil"a."I,JW.~~ N!IIIP«IJI~It.r,IW If«.~·~ II II I Recept1onn: 820165
06/18/2012 03:49:09 PM Jean AJberjoo
4 of 7 Reo Fee:$41,00 Doc Fee:0.00 GARFIELD COUNTY CO
LESSEE: Grand River Gathering, LLC
of 1Lb._ " F ~I o rc-uf o )
) ss. &1j q ~fzt I)F I>~~
The foregoing ins!nfmcnt was acknowledged bef~re me this .::>7day of {)bliJbf0...
2011, by .Qtev.e. Mt.Ut:Jas (?At!Siaa-::./ of Grand River Gathering, LLC, a
Delaware limited liability company.
Witness my hand and official seal.
My Commission Expires: .)Jay; / Z 8fJ If'" . . ,
(Seal) r0d.Jhud.A-&l~JAU a-
Notary Public
1111 Ml"o~. f:fiJI'k."J,M 1 ~M.I'+\~ l'll't:~l~riHit 1-W. ~~~ IIIII
ReceptionH: 820165
06/18/2012 03:49:09 PM Jean Alberico
5 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
Legal Description
Attached to that certain Short Form of Surface Lease by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Grand River Gathering, LLC, as lessee
A tract of land located in the SEl/4 NWI/4 and the SWI/4 NEI/4 of Section 36, TIS, R96W,
6th P.M., Garfield County, Colorado, being more particularly described as follows:
Commencing at the Northeast Corner of said Section 36 and running thence S89°3l '04"W,
2661.04 feet along the North line thereof, thence S00°28'56"E, 1951.21 feet to the POINT OF
BEGINNING:
thence SI0°00'36"E, 260.14 feet;
thence S78°0l '39"W, 180.42 feet;
thence S48°33'14"W, 87.71 feet;
thence S76°43'48"W, 130.00 feet;
thence N71°29'39"W, 196.64 feet;
thence Nl7°32'15"W, 82.44 feet;
thenceN21°18'5l"E, 164.20feet;
thence N77°32'58"E, 167.91 feet;
thence S53°32'47"E, 83.68 feet;
thence N67°30'03"E, 264.0 I feet to the POINT OF BEGINNING.
Said tract containing 3.31 Acres, more or less.
1111 M\".1. r:n1l"a.'MII~ l'f~~~l, wU:W,IrrfiW ~~~ ~~~ IIIII
Recepticnn: 820165
06/18/2012 03:49:09 PM Jean Alberioo
6 of 7 Rec Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
ExhibitB
Survey
Attached to that certain Short Form of Surface Lease by and between
Encana Oil & Gas (USA) Inc., as lessor, and, Grand River Gathering, LLC, as Jessee
[see attached survey]
llllll\l"o~. f:(!il"'."l,~ r+lL Nfl l~r.u,I«IVI', Ioiii. ~~~ IIIII
Reeepticn#: 820165
06/18/2012 03:49:09 PM Je~n Alberico 7 of 7 Reo Fee:$41.00 Doc Fee:0.00 GARFIELD COUNTY CO
SIT!! BOUNDARY
N21"18'51·£.
784.20'
Nl7'32'15-w
====~===~~ 11.2.+4' APPARENT LANDOWNER:
ENCANA OIL & CAS (USA) INC.
LEGEND
PUBUC lAND SURYfY CORNER
e ANGtE. POINT
P.O.B, POINT OF B~GJNNtNG
LEGAL DESCRIPTION
A bel otllnd-ln file SEI/4 NWf/4111111 file SWI/4 Nfil/4 ot -118. T7S, Rll6w,llfiP.N. -COunly. Cobodo, bolnQ mcnpatlltlulwly_•_
ca.,,.,.q.,flle-Cotrwot--.118111111~
lhonco&W'811H'W, l/fei.04111olllr>nllflleNotlhMno--
S00'2nll'l1. IMI.21illolbtho PO/NT OF BEGINNING;
lhonce Sl0'!l0'38'1;, 11110, 1411>ot;
lhonco818'01'39'W, 1/IOAZII>ol;
--14'W, 87.71 ll>ol;
-81&'4.!1\fB'W, I~IJIIII>ol;
lhonce N71"29'39'W, 1-ll>ol;
lhonce NI7'32'15'W, 82.44 11>o1;
-H21'1B'S1'11, !IH.RIIII>ol;
-111i~ISU,187.Qfll>ol;
lhonce Sll3'3N~ &UB ll>ol;
-Hf~ 1184.0IINIIO ll>o POINT OF BEGINNING.
-bci""""""*W 3..!1 Mw, ....... -
Norltl 1/4
"'"" S~tll>~ Jll
IHI 8frm Cop
I
(2661.04?
st0'00'.3B"E •
.HO.H'
NoriJJNif
-~ '''""' ... 1112 !tLO
&on'"'
C£RTIFICAT£ OF SURVEYOR
/, Ted T»>IQarl or Flllfta, Cclonldo ~ cettlfy
lhellhla IMP lOBI matifJ Jlam""""' taken
<lUting en lldua/ IIIMIY """*'by me or ur>Mr
my dlredJon for Encana Oil & Gas (USA) Inc. and-the multo dwllldr 11181>0171fC11y
shownhenJon.
)
Assessor's Data
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
ASSOCIATES
OAProject No. 012 -0539
June 2012
826 21 Y. Road I Grand Junction, CO 815051 TE L 970 .2 63 .7800 1 FAX 970 .263 .7456
L•gend
Q High M esa Compressor St1t10n
• Propond Communie~t10n Tow•r
c:::::J P1rcels
~ Highwayllnter$tllt
AO.t:CTNO OU·20H
"'"' 4'12/U
ADJACENT PARCEL MAP
GRAND R IVER GATHERING , LL C.
HIG H MESA COM PRESSOR
STATION
G ARFIELD COU NTY, COLORADO
N
•••-===•••••-
1
M ile s w__A_ E
0 0.25 0.5 y
0\oLSSON
AS SOCIATES
826 21-112 ROAD
GR ANO JUNCTION,
co 81505
TEL 970 .263.7800
FAX 970.263.7456
F.OUIIIE
AP -1
High Mesa Compressor Station
Grand River Gathering LLC
Adjacent Land Owners
Parcel Number: 240925100954
Colorado River Valley Field Office
Bureau of Land Management
2300 River Frontage Rd
Silt, CO 81652
Parcel Number: 240719300162
Daybreak Realty LLC
400 Panamint Rd
Reno, NV 89521
Parcel Number: 240721400954
Colorado River Valley Field Office
Bureau of Land Management
2300 River Frontage Rd
Silt, CO 81652
Parcel Number: 240936400955
Colorado River Valley Field Office
Bureau of Land Management
2300 River Frontage Rd
Silt, CO 81652
Parcel Number: 240935100136
Larry A & Karen K Klebold
PO Box67
Parachute, CO 81635
High Mesa Compressor Station
Grand River Gathering LLC
Mineral Rights Owners
Salvation Army
c/o Bank of America Agent
PO Box 840738
Dallas, TX 75284-0738
JRMD, LLC
PO Box 1926
Rifle, CO 81650
Office of Natural Resources Revenue
PO Box 25627
Denver, CO 80225-0627
Greg Bendetti
1509 Arabian Ave
Rifle, CO 81650
Paul Randolph Bendetti &
Raelana B Wittmeier
1601 H 38 Rd
Delta, CO 81416
Karen S Brown
13419 Hwy392
Greeley, CO 80631
Terry Lynn Bendetti
233 County Road 265
Rifle, CO 81650
WPX Energy Rocky Mountain, LLC
Attn Director Infrastructure Services
One Williams Center
Mail Drop 36 6
Tulsa, OK 74172
Exxon Mobil Corporation
Accounts Receivable
PO Box 951027
Dallas, TX 75395-1027
Judith R Hayward
180S2Ct
Parachute, CO 81635
Cristy Ann Hayward Koeneke
8065 Marshall Ct
Arvada, CO 80003
Craig L Hayward
582 Manorwood Ln
Louisville, CO 80027
)
}
Project Description
Grand River Gathering LLC
High Mesa Compressor Station
0\oLSSON
ASSOCIATES
OAProject No. 012-0539
June 2012
826 21 Y, Road I Grand Junction , CO 8 1505 1 T EL 970.263.7800 I FAX 970.263.7456
Grand River Gathering, LLC.
High Mesa Compressor Station (HMCS)
Project Description Narrative
Proposed Use
The enclosed Limited Impact Review (LIR) application is intended to facilitate permitting in accordance
with the Garfield County Unified Land Use Resolution (October 13, 2009, updated December 28, 201 0.)
At the time of the pre-application conference the owner of this project was Encana. This is the reason
why Encana is listed as the owner on the Garfield County pre-application conference summary form.
Since the pre-application conference there has been an organizational change which created Grand
River Gathering, LLC., who is submitting the LIR application and operating the High Mesa Compressor
Station (HMCS). The proposed uses are interrelated and in close proximity to each other. They are as
follows:
1) Existing High Mesa Compressor Station (HMCS)
2) Storage: Supplies, Machinery, Equipment or Products
Grand River Gathering, LLC. (GRG) is proposing to permit the 8-unit High Mesa Compressor Station
(HMCS) for gathering natural gas located in southwestern Garfield County, Colorado. The HMCS was
originally constructed before the Garfield County Unified Land Use Resolution required land use
permits for compressor stations. The project purpose is to improve the flow of gas from an existing
natural gas field to nearby transmission lines. The existing HMCS has a 50 mmcf/d (million cubic foot
per day) capacity. The HMCS is an existing compressor station therefore no new construction or soil
disturbance will take place. The proposed project area is on property owned by GRG. The proposed
site is located in Section 36, Township 7 South, Range 96 West, 6th Prime Meridian (Vicinity Map AP-
1 ). The parcel number for the site is 2409361100048. An existing private gravel access road provides
access to the HMCS site from CR 304. The access drive is approximately 2.1 miles long to the point of
intersection with CR 304.
The HMCS is located on a single parcel of approximately 320 acres with the actual compressor station
occupying approximately 3.31 acres. Direct access to the site is from a private road that is accessed
from Garfield County Road 304 (see AL TA/ACSM Land Title Survey, site plan section of submittal). A
site plan with the stamped date of 07/03/12 is included with this submittal. It should be noted that there
is a High Mesa Header Building illustrated on the site plan that is not associated with the HMCS.
Equipment and Buildings
The following is a list of equipment and buildings in service:
1. Seven skid-mounted engine-driven reciprocating compressor units (C-100, C-200, C-300, C-
400, C-500, C-600 and C-700), all are CAT Model 3516 (unenclosed) and appurtenant
equipment;
1
2. One (C-800) engine-driven reciprocating compressor unit that is a CAT Model 3616, is contained
within a building (2,400 sqft) and appurtenant equipment;
3. Lube oil tanks
4. Dehydrator and BETX System and appurtenant equipment;
5. Two Double walled underground 80 bbl tank;
6. Fuel gas skid;
7. Two 300 BBL condensate tanks with corrugated steel containment rings, washout tank;
8. Instrument air building (126 sqft) and appurtenant equipment;
9. Filter/coalescers and associated contactor;
10. Electrical building (83 sqft) and appurtenant equipment;
11. Control room building (116 sqft) and appurtenant equipment;
12. Several electrical panels and switch panels;
13. TCI 1200 Combustor Unit;
14. TCI 2000 Combustor Unit; and
15. Various piping and other appurtenant equipment associated with the operation of the HMCS.
Noise control equipment and packages including hospital grade mufflers and sound attenuating baffles
have been applied to all equipment capable of producing noise.
As detailed in this application, GRG is requesting a Land Use Change approval for the existing HMCS.
All applicable sections of the Garfield County Unified Land Use Resolution 2008 as Amended have
been addressed, and are located throughout the application, including the Land Suitability Analysis,
Impact Analysis, Standards Narrative and supporting maps and reports located in the supplemental
materials section of this submittal.
The Compressor Station is located approximately 3 miles south of Parachute, Colorado at elevations
ranging from 5,925 feet to 5,975 feet. No additional compressors are being proposed as part of this
application.
This property is located within the Rural (R) zone district and is not within a platted subdivision.
According the Garfield County Planning Department, the future land use designation for the site is
Residential High (RH). Compressor stations are an allowed use in the subject zone district, provided a
Limited Impact Review is approved. The standards narrative provides additional information pertaining
to the Comprehensive Plan and the importance of the oil and gas industry to Garfield County. The
proposed facility meets all applicable standards for the Rural zoning district. The adjacent properties
are primarily undergoing oil and gas development and have limited residential and agriculture
operations. Due to the location of the facility and as detailed in the Wildlife Study accompanying this
submittal, the expansion will have a minimal impact, if any, to the surrounding area. Existing
topography and appropriate noise mitigation measures will limit sound impacts in order to meet Garfield
County and Colorado Revised Statue noise standards.
As noted, the HMCS is an existing facility so no further surface disturbance will take place.
Implementation of industry best management practices (BMPs) will further ensure that the surrounding
environs will not be negatively impacted. GRG has developed an area-wide Master Stormwater
Management Plan (SWMP) for the South Parachute area that details the use of site-specific Best
Management Practices (BMPs) associated with the operation of this facility. Implementation of the
SWMP will ensure that activities conducted at the site comply with stormwater management regulations
as required by Garfield County, the State of Colorado, and the United States Environmental Protection
2
Agency. Through this plan, disturbed soils will be reseeded to regain stability as soon as practical and
BMP's will be utilized to mitigate sediment erosion and transportation. Implementation of these plans
also ensures that operation of this facility will not impact surface runoff, stream flow, or groundwater.
Any subsequent construction resulting in soil disturbance will be addressed in the implementation of
stormwater Best Management Practices (BMPs) including but not limited to wattles, straw bales, silt
fencing and check dams.
The HMCS site is accessed via a private road that is accessed from Garfield County Road (CR) 304
(Richardson Road). An AL T A/ACSM Land Title Survey, included in the site plan section of this
submittal, illustrates the surveyed location of the private access road to its intersection with CR 304.
The proposed operation is estimated to generate approximately one (1) light vehicle per day or
approximately seven (7) light vehicles per week for maintenance/monitoring purposes. No new
accesses or auxiliary lanes onto a County or State roadway will be required as indicated in the Traffic
Study.
This facility will be in operation for approximately thirty (30) years, the expected lifespan of the
associated gas wells in the area. When the facility is no longer needed to support operation of the
wells in the area, this site will be reclaimed by removing all surface equipment and structures, grading
to restore original contours, replacing any topsoil that may have been removed, and revegetating the
reclaimed area with the applicable seed mix. See Reclamation Plan in the supplemental section of this
submittal for further information.
Since the facility is already constructed, potential impacts to wildlife, natural environment, and the
surrounding properties are expected to be minimal, if any. The proposed facility is located on an
existing disturbed area that will not be expanded. The remote location of this facility and the type of
operations which will occur should eliminate the majority of the impacts required to be addressed in this
application. No smoke, vibration, heat, radiation or fumes will be produced as a result of the operation
of this facility. The topography surrounding the facility acts as a visual and sound barrier in most
directions, and the facility will only be partially visible from surrounding properties and public roads.
Adjacent properties will not be affected by the operations, and a public nuisance or hazard will not be
created. The HMCS is powered by an overhead electrical power line and therefore does not require a
CDPHE air permit. A copy of the CDPHE air quality permit(s) for the equipment requiring a permit are
included in the supplemental materials section of this submittal. SPCC documents will be updated as
required by federal regulations.
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Fi g ure 1 Illu st ra t e d h ere i s the HMCS site
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