Loading...
HomeMy WebLinkAbout1.0 ApplicationTER ENERGY PARTNERS TEP ROCKY MOUNTAIN LLC Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review April 2020 TEP Rocky Mountain LLC April 2020 Table of Contents Land Use Change Permit —Administrative Review Process 4-101.A Pre -application meeting with county 4-103 Administrative Review 4-118 Waiver of Standards 4-202 Waiver of Submittal Requirements 4-203.A Professional Qualifications 4-203.B General Application Materials 4-203.8.1. Application Form 4-203.8.1.a. Authorized Representative 4-203.8.1.b. Applicant is not the sole owner 4-203.8.1.c. Applicant is an entity/SUA 4-203.8.2. Ownership/Deed 4-203.8.3. Adjacent property owners and mineral owners and lessees 4-203.8.4. Agreement to pay 4-203.8.5. Project Description 4-203.C. Vicinity map 4-203.D. Site Plan 4-203.E. Grading and Drainage 4-203.F. Landscape Plan (waiver request) 4-203.G. Impact Analysis 4-203.G.1. Adjacent land use and neighboring properties within 1,500-foot radius 4-203.G.2. Site Features 4-203.G.3. Soil Characteristics 4-203.G.4. Geology and Hazard Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Table of Contents cont. 4-203.G.5. Groundwater and Aquafer Recharge Areas 4-203.G.6. Environmental Impacts 4-203.G.7. Nuisance — noise, vapor, dust, smoke, glare or vibration — viewshed, color 4-203.G.8 Hours of operation (Waiver requested) Impact Analysis Appendix: A Adjacent Land Use & Neighboring Properties within 1,500 feet B Site Features - Terrain/Vegetation/Weed Management C Soil Characteristics - NRCS Web Soil Survey D Geology and Hazard E Groundwater and Aquafer Recharge Area F Environmental Impact G Noise Study 4-203.J Development Agreement (waiver requested) 4-203.K Improvement Agreement (waiver requested) 4-203.L. Traffic Study (waiver requested) 4-203.M Water Supply and Distribution Plan 4-203.N Wastewater Distribution Plan Article 7 Standards 7-101 Zone district regulations 7-102 Comprehensive Plan and Intergovernmental agreements 7-103 Compatibility 7-104 Source of Water 7-105 Central Water Distribution and Wastewater Systems 7-106 Public Utilities 7-107 Access and Roadways (waiver requested) Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Table of Contents cont. 7-108 Use of land subject to natural hazards 7-109 Fire protection 7-201 Agriculture Lands 7-202 Wildlife Habitat Areas 7-203 Protection of waterbodies 7-204 Drainage and erosion 7-205 Environmental Quality — Air/Water 7-206 Wildlife hazards 7-207 Natural and geologic hazards 7-208 Reclamation 7-301 Compatible Design 7-302 Off-street Parking & Loading Standards 7-303 Landscaping (Waiver requested) 7-304 Lighting standards 7-305 Snow storage standards 7-306 Trail and walkway standards 7-1001 Hours of operation Article 7 Standards Appendix A-7 Intergovernmental Agreements Documentation 8-7 Compatibility C-7 Access and Roadways D-7 Use of Land Subject to Natural Hazards E-7 Fire Protection Documentation F-7 Agricultural Lands/Fencing G-7 CPW Correspondence and BMPs/Mitigation Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Table of Contents cont. H-7 Protection of Waterbodies Report 1-7 Drainage and Erosion Report J-7 Wildland Fire Hazard Susceptibility Index Map K-7 2-D Viewshed Analysis L-7 Lighting Study Other permits COGCC Form 2A — Oil and Gas Location Permit CDPHE GP-02 (APEN permit) Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-101.A Pre -Application meeting with Garfield County Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY i TAX PARCEL NUMBER: 2181-117-000-86 PROJECT: Booster Compressor OWNER: Jolley Mesa LLC REPRESENTATIVE: Jeff Kirtland —Terra Energy DATE: April 19, 2019 PRACTICAL LOCATION: Section 20, Township 6S 91W — Southwest of the Town of New Castle between County Road 312 and County Road 311. ZONING: Rural TYPE OF APPLICATION: Administrative Review I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to install a Booster Compressor that will be located on a Williams pad in the Kokopelli Field. The booster compressor will be run on natural gas and will be used to boost production in the field. Staff understands that the infrastructure will largely be located inside a structure with a few storage tanks on the outside. Booster Compressors are defined by the 2013 Land Use and Development Code, as amended (LUDC) as: Compressor, Booster. Typically consists of a single compressor unit located on an existing well pad and is generally skid mounted. Multiple well pads may require additional booster compressor units. Booster compressors are commonly used for artificial lift to add gas velocity. The subject parcel is located on Jolley Mesa and access is via a private road from CR 311, Divide Creek Road. The area is used primarily for Oil & Gas related activities. The applicant indicated that 11Page they will be submitting a 2A for the facility. The application should address where the applicant is within the COGCC permitting process. The nearly 1,400 acre site is located on a mesa adjacent to public lands administered by the BLM. Zoning of the parcel is Rural and the Garfield County Comprehensive Plan Future Land Use Map designates the parcel as Residential Medium High. Staff understands that when operational, the facility will largely be unmanned and as such will not be required to provide legal and adequate water and wastewater. The application should include an estimate of how long employees will spend on site. Access to the site is via a private road that crosses numerous private and, potentially, public lands. Applicant is required to demonstrate that both legal and physical access is provided to the site. This will require provision of easements or agreements as well as information related to the specifications of the physical roadway. The specifications for the access should demonstrate compliance with road standards itemized in Section 7-107 of the LUDC. If road specifications are not compliant minimum County standards then a waiver should be requested from compliance with components of 7-107. For additional information on these requirements please see attached Policy 01-14. The applicant should note that this roadway analysis will be required from the County Road to the use. Traffic generated by the use is described as minimal, with trips generated primarily by construction traffic. Employees associated with maintenance and repair will most likely be on the mesa to maintain other facilities in the field therefore this use may not generate any trips that would not already be occurring. The Applicant should provide a brief summary of proposed traffic as well as any traffic generated from the surrounding uses. The applicant should supply a noise survey indicating compliance with County and State noise requirements. The Compressor will be utilized 24 hours a day, 7 days a week thus requiring a request for waiver from hours of operation specified in Section 7-1001 of the LUDC. Request for waiver of submittal requirements necessitates Applicant provision of information based upon the review criteria for the granting of the waiver, see Section 4-202 of the LUDC. This is simply a statement that responds to the criteria to demonstrate that the information is unnecessary in determining if the use satisfies the standards of the code. Waiver from Standards (granted by Board of County Commissioners: The Applicant plans to request waiver of the following standards: 1. Hours of Operation 7-1001 H. requires operation within the hours of 7 am to 7 pm. The booster compressor will operate 24 hours a day, 7 days a week. 2. Road Standards — standards contained in 7-107 must be met in order for safe and adequate access to site to be determined. Should standards not be met then a 2IPage waiver must be requested for each of the components. For example road grade may be an issue if it exceeds 10%, as well if the road does not meet minimum ROW and surface widths then a request is required to deviate from the minimum standard. 3. Others as may be determined necessary. Request for waiver of standards are made pursuant to Section 4-118 which contains criteria that must be addressed by the Applicant. The Director, in her decision will make a determination as to the appropriateness of waiving the requested standards. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: 4-101 Common Review Procedures 4-103 Administrative Review 4-118 Waiver of Standards Table 4-201 Application Materials 4-202 Waiver of Submittal Requirements 4-203 Description of Application Materials Article 7 — Standards, Divisions 1, 2, 3 7-1001— Standards for Industrial Uses III. REVIEW PROCESS The process to accommodate these requests shall require Administrative review for a Land Use Change Permit pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Director Decision date and provide documentation regarding notice requirements. E. Additional copies of application requested and sent to referral agencies. F. Evaluation by Staff resulting in a Staff Report. G. Director decision issued based upon review of application and staff report. H. Notice provided to the BOCC for review of decision during the 10-day call-up period. I. If no call-up requested within the 10-day period the decision will be final. J. Issuance of Land Use Change Permit upon compliance with any required conditions. IV. PUBLIC HEARINGS AND NOTICE a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: 3IPage X Director Decision with notice _ Planning Commission _ Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, Garfield County Designated Engineer, Division of Water Resources, Garfield County Vegetation Management VI. SUBMITTAL REQUIREMENTS 4-203.B General Application Materials a. Application form; b. Agreement to pay; c. Deed; d. Statements of Authority authorizing a person to act on behalf of the entity; e. Letter of Authorization authorizing Terra to act on behalf of the landowner; f. Names and mailing addresses of mineral owners of subject site with a statement indicating how the mineral ownership was researched; g. Names and mailing addresses of owners of property within 200 feet of subject site (parcel); h. Assessor map indicating the above properties; i. Narrative of project 4-203.0 Vicinity Map 4-203.D Site Plan - may be contained on multiple pages 4-203.E Grading and Drainage — must include calculations for drainage if required 4-203.F Impact Analysis - response shall refer to supporting studies 4-203. J Development Agreement - Waived 4-203.K Improvements Agreement - Waived 4-203.L Traffic Study 4-203.M Water Supply and Distribution Plan 4-203.N Wastewater Management Plan Response to Article 7, Divisions 1, 2, and 3 and 1001 — response shall refer to supporting studies Pursuant to Section 4-202 of the LUDC the Applicant may request a waiver from some of these submittal requirements. VII. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 - Plus Staff time charged at hourly rate of $40.50 Reviewing Engineer: $ Hourly Rate Recordation: $ (N/A) Total Deposit: $ 250.00 4IPage 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. 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: AB A;ci_ April 19, 2019 Patrick Waller, Planner Date 5IPage Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road — A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7-107 design standards. Unless available, this is not intended to imply construction - level drawings. o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance — A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. Wage Administrative Review Process {S-ection 4-103} 1 Step 1: Pre-applka#fan Conferrer I.Nley waived by prrecvor * Applicant has 6 months to suornit application Step 2: ApplicatioriSubmit`ai Step 3: CDmpleteness Review •19 business days to review • if fncomplere, Sri days to remedy deficiencies Step 1: Schedule Oecfsfo n Date and Provide Notice * Mailed to adiacenx property 4wnrfS with ir1200 feet and mineral uwrrers at least 15 days prior to decision date Step 5: Referral * 21 day comment period seep 6: €walutron by DTrector SFr i ; to 's Decision ■ Call-up Period - wk#wn 10 days of Director's Decision ■ Appiitant has 1 year to meet any ronditiorrs ❑Fapproual 7IPage TEP Rocky Mountain LLC April 2020 4-118 Waiver of Standards TEP Rocky Mountain LLC (TEP) is requesting waivers from the following Article 7 Standards under Administrative Review according to Table 4-102. 1. Access and Roadways (7-107) 2. Landscaping Standards (7-303) 3. Hours of Operation (7-1001.H.) The specific waiver requests will be addressed in Article 7 Standards section of this permit application. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-202 Waiver of Submittal Requirements TEP Rocky Mountain LLC is requesting waivers for the following submission requirements: 1. 4-203.F. Landscaping Plan 2. 4-203.G.8 Hours of Operation 3. 4-203.J. Development Agreement 4. 4-203.K. Improvement Agreement 5. 4-203.L. Traffic Study The specific waiver requests will be addressed in each of the referenced sections of this permit application. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.A. Professional Qualifications The following qualified professionals prepared, and certified certain documents required by the Garfield County Land Use and Development Code on behalf of TEP Rocky Mountain LLC: 1. Dave Fox, Fox Engineering Solutions, Inc., Colorado Licensed Professional Engineer #25420 2. Michael Langhorne, Bookcliff Survey Services, Inc., Professional Land Surveyor #36572 3. Leah Weckworth, WestWater Engineering, Inc., Environmental Scientist/Project Manager Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.B. General Application Materials Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review 4-203.B.1. Application Form Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review ■ Development in 100-Year Floodplain ■ Limited Impact Review • Development in 100-Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP • Rezoning ❑ zone District ❑ PUD ❑ PUD Amendment ❑ LIR ■ MIR ❑ SUP • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest ❑ Comprehensive Plan Amendment ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development • Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Jolley Mesa, LLC Phone: (970 ) 379-6669 Mailing Address: 832 Canyon Creek Drive City: Glenwood Springs State: CO zip Code: 81601 E-mail: kentjoliey@sopris.net Representative (Authorization Required) Name: Bryan S. Hotard Phone: (970 )263-2754 Mailing Address: 1058 CR 215 City: Parachute State: CO Zip Code: 81635 E-mail: bhotard@terraep.com PROJECT NAME AND LOCATION Project Name: Kokopelli Booster Compressor Assessor's Parcel Number: 2 1 8 1 1 7 2 0 0- 0 8 6 Physical/Street Address: Legal Description: See attached Zone District: Rural Property Size (acres): 1400 +J- PROJECT DESCRIPTION Existing Use: Irrigated Land - Agriculture Proposed Use (From Use Table 3-403): Compressor, Booster Description of Project: TEP Rocky Mountain LLC is proposing to install a Booster Compressor that will be located on a Williams pad in the Kokopelli Field. The booster compressor will be run on natural gas and will be used to boost production in the field. REQUEST FOR WAIVERS Submission Requirements E The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203.F. Landscaping Plan Section: 4-302.K. improvement Agreement Section: 4-203.J. Development Agreement Section: 4-203.L. Traffic Study 4-203.G.8 Hours of Operation Waiver of Standards 8 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-107 Access and Roadways Section: 7-1001 Hours of operation Section: 7-303 Landscaping Standards Section: I have read the statements above and provided the required attached information which is correct and accurate to the best of y owl:dge. Signature of Property Ow r er Dat OFFICIAL USE ONLY File Number: --_-- Fee Paid: $ TEP Rocky Mountain LLC April 2020 Legal Description for Parcel 2181-172-00-086* Township 6 South, Range 91 West, 6th P.M. Section 7: EY2SEYa Section 8: W%2SW1/4, SE%SW%, SW%SE%, E%2E%2 Section 17: N%, N%SW%, SE%SW%, SE% Section 18: NE% Section 20: NE%NW%, NW%NE%, EY2E%2 Garfield County, Colorado 1400 +/- acres * The parcel number included on the Pre -Application Conference Summary (2181-117-000-86 is not correct. The number above is the correct parcel number for the subject property. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.B.1.a. Authorized Representative 4-203.B.1.b. Applicant is not the sole owner 4-203.B.1.c. Applicant is an entity/SUA Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 1111 kraCIBIK.111 Ili? ihlii 4I11V14,fd1,li4,11111 Reception#: 925309 as/11/2019 03:38:513 PM Jean Alberico of t Ren Fae:813.00 Doc F6e7E.00 GARFIELD GOUNTY CO STATEMENT OF AUTHORITY (Section 38-30-172, C.R.S.) This Statement of Authority is executed on behalf of the entity named below pursuant to the provisions of C.R.S. § 38-30-172. 1. This Statement of Authority relates to an entity named Jolley Mesa, LLC formed in the State of Colorado on December 9, 2015. 2_ The type of entity is a limited liability company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address of the entity is 0832 Canyon Creek Drive, Glenwood Springs, CO 81601. 5. The name or position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Manager. The Managers of the entity on the date of this Statement of Authority are Kent S. Jolley and Brett L, Jolley. 6. The authority of the foregoing person(s) to bind the entity is limited as follows: N/A 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of § 38- 30-172, C.R.S. 8. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. EXECUTED this ! r r day of September, 2019. Tolley Mesa, .LC By: L By: STATE OF COLORADO COUNTY OF GARFIELD 5 ent S. Jolly y, Ma er g, Bret . Jalieanager The foregoing instrument was acknowledged before me thiP day of September, 2019, by Kent S. Jolley and Brett L. Jolley, as Managers of Jolley Mesa, LLC. Witness my hand and official seal. My commission expires: LYNETTE MARIE LACERDA Notary Public - State of Colorado Notary l0 20124034411 My Commission Expires Aug 21, 2020 Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 June 6, 2019 Community Development Attn: Mr. Glenn Hartmann 108 8th Street, 4th Floor Glenwood Springs, Colorado 81601 RE: Statement of Authority Kokopelli Compressor Garfield County, Colorado Dear Mr. Hartmann, This letter authorizes TEP Rocky Mountain LLC to represent me in the submittal and processing of the required Garfield County Land Use Change and associated building permits for the Kokopelli Compressor located in the SE%SE% of Section 20, Township 6 South, Range 91 West, 6th P.M. Sincerely, Richard and Mary J. ley Family, LLLP By: Na e: Kent Joll Title: General Part er Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 1111 10110101113M Ai 11111 .--Reis 2L'lao 3798E1 1 fif2@ n 02:1a:46 Ff1 J¢an Pithierl 2 rrca i o Foe:#1E.00 boa Far.6.0R 4APPIELE. MUNTY CO POWER OF ATTORNEY KNOW ALI, PERSONS BY THESE PRE.STiNTS: CONFORMED COPY THAT TM' ROCKY MOUNTAIN LI.C, a Delaware limited liability wmpEmy, hereby nominates, constitute, , and appoints Bryan S. Hoard, as its true and lawful Atuomoy-hi-Fact to execute and deliver in the name and om behalf of TEY ROCKY MOUNTAIN LLC ("Principal"] any of the following designated ir}strkmients nr documents in connection with the Principal's operations in exploring for and producing ail, gas, or other minerals from lands, or interests in lends, owned, held, at elairncd by the United francs. any state or political suhd[vision thereof, any person, corporation, partnership or other legal entity' A. (1) Applications for permits or leases; (2) v ,u ens, stipulations, or.sgreemerrts irk connection with the issuance of permits w leases; (3) acceptances of leases, subleases, Or permits; (4) acceptances of all fastnnnents transferring leases, offers to lease. permits, applications for permits, or sub]cases, or an interest in any of these (including assignments of working or royalty interests) to Principal. B, Applications for extensions or renewals ofIeases and permits. C. ([ } Prospecting, seismic, or exploration permits; (2) instruments in connection with the acquisition nr maintenance of prospecting, seism k, or exploration permits. D. Instruments withdrawing applications for leases or permits_ E. (I) Requests for rights -of -way and surface use permits; (2) acceptance of wants orrights„r way and surface use permits, including any stiptilation or condition in the graras; (3) aay statements that may be required in connection with applications for rights -of -way and surface use permits. E. Requests for extension of time in which to drill wells, Principal agrees to he bawd by all representations the Attorney -in -Fad they make in any instrument or document he or she is authorized to execute and deliver under this Power of Attoeyrey. Principal hereby waives any defenses available to it to contesi, negate, or disaffirm the actions of its Attorney -in -Fact under Ibis Power or Attorney, This Power of Attorney is effective July I , 20 ].'S, and shall continue in full force and effect until revoked in writing, and has the same force and effect as if the Principal granted separate special authority to the named Attorney -in -Fact to execute and deliver each such instrument of document separately for each and every such immanent or docxmtertt ale queened and delivered. EXECUTED by Principal on this 13113 day orlu]y, 2016_ Terra Energy Partneri LLC ay were rne,a.ber ur TM'RonIry iioiis1Ma LLC AGREED TO AND ACCEPTED BY: RY: Miicfhae] S. I.snd n R. otard ITS: President and CEO fkttortiey-in-l%acr Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 ACXNOWLEDCQE[,tENT SUS: of Tozgai County ofHar is This. instrument was ackTrowledged hcfi,re me on /3 , 2016 by lvfichacl S. Land, known to Terra me to be the President and CEO of Terergy Parte LLC. a Delaware corporation, on behalf of ttw Dfrp atioh. (Notes Seal) TIFPrAN CPBELLPOLLOCK `` N 'o^J Pubic, Sra1B of !ems My' Cc mi$ppnExpkei ApiII26.2014 Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Document processing fee If document is filed on paper $10.00 If document is filed electronically Currently Not Available Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. 201015622974 $10.00 SECRETARY OF STATE 13 / 1'2/2fi10 11. 3__:24 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing Information Other Than Principal Office Address or Registered Agent Information filed pursuant to §7-90-305.5 and, if applicable, §7-90-604 or §7-90-804 of the Colorado Revised Statutes (C.R.S.) ID number: 1. Entity name: 2. True name: (if different from the entity name) 20011139600 Williams Production RMT Company Complete lines 3 - 10 as applicable. You must complete section 11. 3. Document number: (required for change(s) to 4, 5, 6, 7 and/or 8 below) 00011,15955d 4. Change of entity name of record (LLP, art. 61 LLLP or foreign entity only): New entity name: Williams Production RMT Company LLC 5. Change of true name of record (LLP, art. 61 LLLP, general partnership or foreign entity only): New true name: 6. Change of jurisdiction of formation of record (foreign entity only): New jurisdiction of formation: 7. Change of entity form of record (foreign entity only): New entity form: Limited Liability Company CHANGE_OTHER Page 1 of 2 Rev. 03/05/2009 8. Other change(s) not provided for above: If other information contained in the filed document is being changed, mark this box ❑ and include an attachment stating the information to be changed and each such change. If other information is being added or deleted, mark this box ❑ and include an attachment stating each addition or deletion. 9. Withdrawal of Statement of Registration of True Name: (if applicable, mark this box ❑ ) 10. (Optional) Delayed effective date: Notice: (mm/dd/yyyy) Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 11. The true name and mailing address of the individual causing this document to be delivered for filing are Brown La Fleur C (Last) (First) (Middle) (Suffix) One Williams Center, Suite 4700 (Street number and name or Post Once Box information) Tulsa OK 74172 (City) (State) USA (Province —if applicable) (Country) (ZIP/Postal Code) (If applicable. adopt the following statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CHANGE_OTHER Page 2 of 2 Rev. 03/05/2009 Document processing fee If document is filed on paper $10.00 If document is filed electronically Currently Not Available Fees & fonns/covcrsheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www,sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. 201210040152 $1 F0. 00 SECRETARY OF STATE 01/13. 2012 11:25:46 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing Information Other Than Principal Office Address or Registered Agent Information filed pursuant to §7-90-305.5 and, if applicable, §7-90-804 of the Colorado Revised Statutes (C.R.S.) Ill number: 1. Entity name: 2. True name: (if different from the entity name) 20011139600 Williams Production RMT Company LLC Complete lines 3 - 9 as applicable. You rnust complete section 10. 3. Document number: (required for change(s) to 4, 5, 6, 7 andior 8 below) 20101562974 4. Change of entity name of record (LLP, art. 61 LLLP or foreign entity only): New entity name: WPX Energy Rocky Mountain, LLC 5. Change of true name of record (LLP, att. 61 LLLP, general partnership or foreign entity only): New true name: 6. Change of jurisdiction of formation of record (foreign entity only): New jurisdiction of formation: 7. Change of entity form of record (foreign entity only): New entity form: CHANGE_OTHER Page 1 ol2 Rev. 12/01/2009 COIna - I2/14,1004 C T Piling Manage. OdEn< 8. Other change(s) not provided for above: If other information contained in the filed document is being changed, mark this box ❑ and include an attachment stating the information to be changed and each such change. I f other information is being added or deleted, mark this box ❑ and include an attachment stating each addition or deletion. 9. (Optional) Delayed effective date: (run✓dd/yvyv) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of petjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual wito causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 10. The true name and mailing address of the individual causing this document to be delivered for filing are Fax Melissa (Last) One Williams Center /First) (Middle) (Sufi) (Street number and name or Post Office Box information) Tulsa OK 74172 (City) (State) (ZIP/1'oslat Code) USA (Province — iijapplicable) (Comity) (If applicable, adopt tIe,jo/Jmvrng statement by marking d,e box and include art attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CHHANGE_OTHER Page 2 of 2 Rev. 12/01/2009 COIN - 12/ 14/2609 C T riling tilanaper Online ■III I OZIMPI RRIffiIrirrICI lthlritki .III! Reception#: 814004 02/01f2012 01:18:51 PM Jean A1berico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO Delaware 'The First State PAGE 1 I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "WILLIAMS PRODUCTION RMT COMPANY LLC", CHANGING ITS NAME FROM "WILLIAMS PRODUCTION RMT COMPANY LLC" TO "WPX ENERGY ROCKY MOUNTAIN, LLC", FILED IN THIS OFFICE ON THE TWENTY-SEVENTH DAY OF DECEMBER, A.D. 2011, AT 6:49 O'CLOCK P.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE THIRTY-FIRST DAY OF DECEMBER, A.D. 2011, AT 11:59 O'CLOCK P.M. 3388640 8100 111341539 You may verify this certificate online at core.delevare.gov{authver.shtml. Jeffrey W. Bullock, Secretary of State AUTHENItC TION : 9259900 DATE: 12-28-11 WWI &INCA III Reception#: 814004 02/01/2012 01:18:51 PM Jean Alberico 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO CERTIFICATE OF AMENDMENT OF WILLIAMS PRODUCTION RMT COMPANY LLC 1. The name of the limited liability company is Williams Production RMT Company LLC (the "Company"). 2. The Certificate of Formation of the Company is hereby amended as follows: "1. The name of the limited liability company is: WPX Energy Rocky Mountain, LLC." 3. This Certificate of Amendment shall be effective on December 31, 2011 at 11:59 PM Eastern time. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment of Williams Production RMT Company LLC as of the ?1 day of December, 2011. WPX Energy Rocky Mtn I.I.0 dE amdt WILLIAMS PRODUCTION RMT COMPANY LLC By Bryan . Guderian, Vice President State of Delaware Searetaty of State Division off Corporations Delivered 07:08 PM 12/27/2011 FILED 06:49 FM 12/27/2011 SRV 111341539 - 3388640 FILE Document processing fee If document is filed on paper $10.00 If document is filed electronically Currently Not Available Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. 201161275614 $160.00 SECRETARY OF STATE 04/222016 14: 09:36 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing Information Other Than Principal Office Address or Registered Agent Information filed pursuant to §7-90-305.5 and, if applicable, §7-90-804 of the Colorado Revised Statutes (C.R.S.) ID number: I . Entity name: 2. True name: (if different from the entity name) 20011139600 WPX Energy Rocky Mountain, LLC Complete lines 3 - 9 as applicable. You must complete section 10. 20121040152 3. Document number: (required for change(s) to 4, 5, 6, 7 and/or 8 below) 4. Change of entity name of record (LLP, art. 61 LLLP or foreign entity only): New entity name: TEP Rocky Mountain LLC 5. Change of true name of record (LLP, art. 61 LLLP, general partnership or foreign entity only): New truc name: 6. Change of jurisdiction of formation of record (foreign entity only): New jurisdiction of formation: 7. Change of entity form of record (foreign entity only): New entity form: CHANGE_OTHER Page 1 of 2 Rev. 12/01/2009 C0021 - 12/ I I /20119 C T System Online 8. Other change(s) not provided for above: If other information contained in the filed document is being changed, mark this box ❑ and include an attachment stating the information to be changed and each such change. If other information is being added or deleted, mark this box ❑ and include an attachment stating each addition or. deletion. 9. (Optional) Delayed effective date: Notice: (min/dd/yy)1'') Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 10. The true name and mailing address of the individual causing this document to be delivered for filing are Raasch Robin 1000 Loui� anla Street (First) (Middle) (Suffix) Suite 2800 (Street number and name or PoslOfce Box information) Houston TX 77002 (City) Srof United States (ZIP/Postal Code) i (Province - if applicable) (Country) (If applicable, adopt the following statement by marking the box and include an attachment.) LThis document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CHANGE_OTHER Page 2 of 2 Rev. 12/01/2009 C01121 • 12/11/21111/ C T System Online U Mkrall'ill:fA I10I r Sri FIT Bill Receptiantl: 876693 05/03/2016 10:35.23 f1M Jean Alberice 1 of 2 Rec Fee•$16,00 Doc Fee:0.O0 GARFIELD COUNTY CO Delaware The First State CONFO COPY I, JEFFREY W, BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF °WPX ENERGY ROCKY MOUNTAIN, LLC", CHANGING ITS NAME FROM "WPX ENERGY ROCKY MOUNTAIN, LLC" TO "TEP ROCKY MOUNTAIN LLC", FILED IN THIS OFFICE ON THE TWENTY—SECOND DAY OF APRIL, A.D. 2016, AT 3:12 O'CLOCK P.M. 3388640 8100 SR# 20162502586 You may verify this certificate online at corp.delaware,gov/authver.shtml Page 1 JrNny W, VAloes. E+nrofy of S[+lr ti,ie r Authentication: 202199006 Date: 04-22-16 ED 1111 FatkllYMILIN 'ILl afafVitifI IIViiiiiiii 11111 Reception#: 876693 05/03/2016 10:35 23 AM Jean Alberico 2 of 2 Rec Fee $16 00 Doc Fee:0,00 GARFIELD COUNTY CO STATE OF DELAWARE CERTIFICATE OF AMENDMENT Stale of Delaware Secretary of State Division of Corporations Delivered 03:12 PM 04/22/2016 FILED 03:12 PM 04122/2016 SR 20162502586 - FileNumber 3388640 Name of Limited Liability Company: WPX Energy Rocky Mountain, LLC 2. The Certificate of Formation ofthe limited liability company is hereby amended as follows: The name of the limited liability company is amended to TEP Rocky Mountain LLC, IN WITNESS WHEREOF, the undersigned have executed this Certificate on the Z2'"g day of April , A.D. 201.6 By: Authorized Person(s) Name: Michael S. Land Print or Type TEP Rocky Mountain LLC April 2020 rillitiriAlkihirtrit1415411110,13VIrliti 111] RccC%kaon1: 770964 for 2 R. cor2S21 9PM J w'9 RC. R1ari f6 ELC C0.u'r as Mentors/Winn of SURFACE USE AGREEMENT AND GRANT OP EAStMENTS Effective the 2$tir day of November, 2007. SURFACE USE AGREEMENT AND GRANT OF EASEMENTS ("Agreement") by and between 1'. NT S. JOLLEY, whose address is 832 Canyon Creek Drive, Glenwood Springs, Colorado 81 601 ,$RE1 i' L. JOLLEY, whose. address is i 288 County Road 245, New Castle, Colorado 81647, RICHARD AND M ARY JOLLEY FAMILY LLLP {"Owner"}, and ORION ENERGY PARTNERS L.P„ whose address is 1675 Broadway, Suite 2000, Denver, Colorado 80202 ("Dperat&) was ermered into. Owner owns the steam of the real property in Garfield County, Colorado (the 'Property"), legally described as: 7Qwnahi 4uth, Range 91 Westuit P.M. Section 7: F12SE Section 8: E12E'2, Wf2SW, SESW, SWSE. Section 9; WJ2WI2 Section 16: W12, the. south 330 feel ofSWSE Section 7: N12, SE, N12SW, SWSW Section )8: NE Section :0: EJ2E2, NR'NE, NENW Section 21: NX+'NE,1.4ENW Operator is the ownerloperator of a working interest in an Oil and Gas Lease dated January. 17, 1990, recorded in Book ?75 at Page 629, of the Garfield County records granted by Richard C. Jolley, Mary Louise Jolley, Brett L Jolley, Kent S. Jp]iey and Anne E. Jolley. and U.S.A. Oil and Gas Lease COC 51146 dated April 1, ] 990, and recorded in Book 776, Page 908 of the Garfield County records (together the "Leases")_ Operator wishes to dri11 additional oil and gas wells on the Property and directionally to adjacent ]ands for the extraction of hydrocarbons_ Owner previously eotcred into a Surface Use, Access and. bight -of -Way Agreement dated September 28, i 999, and a Letter Agreement dated May 6, 2003 and re orded at Book 1531. page 424 of the Garfield Clerk and Recorder's Office ("Prior Mesa Agreements") which will be replaced in its entirety by this the November 23, 2007 Surface Use Agreement and Grant of Easements. This Memorandum of Surface Use Agreement and Grant of Easements is placed of record in Garfield County, Colorado to provide notice only of its existence, AIL tarns and conditions contained in said Surface Use Agreement and Grant of Easerrecots remain confidential between the Owner and Operator_ Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 • R.o•P k icnL : 772'5E 4 00•0Nr2C0P 02 27.54 Ph Min pawitm0 2 of 2 Nee Ft¢.!21.40 bee FeN.0.04 CANFIELD CCUftY CC OPERATOR: STATE OF COLOR ADO )_ss COUNTY OF DEER Thu foregoing ins:rumenl was subscribe and sworn to beforc inc on July 24, 2009, by Trsdd Kadstrom as Land Manager of Orion Energy Farhiers My corrimiAsiun C tpkcs: ur Witness liAi* % til%P1_IBLiC'rFOF C aAO hr -2- Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review 4-203. B.2. Ownership/Deed Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 TEP Rocky Mountain LLC April 2020 iYl�'��LR'l�h��,Ii �LNaII�F�d=�Iklk'[i 1i�i :IOW 11111 mciqepgal � 1Pr29IP015 0a.E3. 19 PM Jean RlberI o 1 br 7 aoc FsA #1E.06 Dao Fee.Q YO CFNFIEL6 COUNTY CO QUIT CLAIM DEED THIS DEED made this -dz. day of December, 2015, between the RICHARI7 AND MARY JOLLEY FAMILY LLLP, whose address is 0832 Canyon Creek Drive, Glenwood Springs, Colorado 81601 (hereinafter "Grantor"), and JOLLEY MESA, LLC, whose address is 0832 Canyon Creek Drive, Glenwood Springs, Colorado 81601 (hereinafter "Grantee"); WITNESSEI'H, that the Grantor for Ter, 12.S. Do[]ars ($10_00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release., sell, convey and QUIT CLAM unto the Gr itae, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the fal [owing real property situate in the County of Garfield, State of Colorado: 'I ownship 6 South, Range 91 West of a b'h F,M Section 7: E112SE114 Section 8: NW I/4SW 114, S1f2S 112, NE1 f4SE 114, EI/2NE 114 action 9: W1f2W1f2 Section 16: W 1l2, South 330 feet of the SW il4SE114 Section 17: All except SW II4SW 114 Section ]8T NE114 Section 20: N 112NE 1I4, SE 1f4NE 1f4, NE I/4NW 114, E112SE114 Section 21; NW 1/4NE 1l4, NE I/4NW 114, W 1f2W 112, N1/2SE114, SEUf4SE1/4, SWLf4NElf4, SE1l4NW I and the NE 1!4SW 1 f4 Section 27: NWI14NW114 Section 28; NEIf4NElf4 County of Garfield, State of Colorado TOGETHER WITH any and all water and ditch rights appurtenant to the above described property, including but not limited to an undivided 115 interest in and to the Fairview Mesa Ditch No. 89 and an undivided 112 interest in and to the Kamm and Mavis Ditch No, 90B, adjudicated by the District Court for Water District No, 45; TOGETHER WITH the Grantor's. rights in the permanent non- exclusive easeeraent granted in Easement Agxeernent recorded as Reception No. 331308 in Book 605 at Pages 550-553 or the Garfield County Clerk and Recorder; EXCLUDING Grantor's undivided 100% interest in and to a]! of the oil, gas and other minerals in and under and that may be produced; and Page ] of Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 erni t '[ells noel" iegIvn L 103 hild 11111 RwOw ti'nA: 271835 12.70+2016 48:6a:19 Pig Jean Ill4ariee. 7 01 2 Roc Fuu•Sla.01) Dra Fey p CKI GpPVID CCJNTi Co EXCLUDING all of Grantor's oil, gas and mineral rights in, on and under the SEIMSW1{4. Section 9, Township 6 South, Range 91 West of the 6th P.M. Also known by street and number UNASSIGNED Garfield County Assessor Account No 2181.214.00-088, 2181-281-00-091, 21$1-I63-00-085, and 2I 81- [ 72-00-086. TO HAVE AND TO HOLD the same,, together with all and singular the appurtenances and privileges thereunto be[nnging or in anywise [hereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in Jaw or equity, to the only proper use, benefit and behoof of the Grantee and its assigns forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set Forth above. LYNEiTE MAPIE LACFI A Notary Punks sato.ol Colorado Mlnry ID 20124034417 F1, C uria's91on E spIres Aug 21, 2016 RICHARD ANDMARY JOLLEY FAMILY L P By: By: S Tent S. Jolley, G . al Pa er Brett L. Jo' :,., Gene . ' arIner STATE OF COLORADO ] COUNTY OF GARFIELD ) �� Acknowledged, subscribed and sworn to before me this c t7—day of December, 2015, by Kent S. Jolley and Brett L. Jolley as General Partners of the RICHARD ANT) MARY JOLLEY FAMILY LLLP. WITNESS my hand and official seai- My Commission expires' io.,). r o rvPublic o ry Public "** Consideration Tess than S500; no documentary fee required. _ Page 2.of2 cu.L 4CI��� Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review • III milirimmt ill1c ki.1141 IfnIN1! lit 4 +_ R■ceotion#: 77566i 05f7812Q09 11.59:4D PM }... Alberti.. ❑# 32 Roc Fee $161 66 tint Fee 0 60 GARFIELD COUNTY CO Assignment, Bill of Sale. and Conveyance of Assets This Assignment, Bill of Sale. and Conveyance of Assets ("Assignment"), effective as of April 1, 2009 ("Effective Time"), is by and between Orion Energy Partners L.P., a Delaware limited partnership, whose address is 1675 Broadway, Suite 2000, Denver, Colorado 80202 ("Assignor"). and Williams Production RMT Company, a Delaware corporation, whose address is 1515 Arapahoe Street, Tower I11, Suite 1000, Denver, CO 80202 ("Assignee"). Assignor and Assignee are known collectively as the "parties," For $100.00 and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns. transfers. grants, bargains and conveys to Assignee all of Assignor's right, title and interest whether present. contingent or reversionary, in and to the following real and personal property (collectively. the "Assets"): (I) The oil and gas leases (including all leasehold estates, royalty interests. overriding royalty interests, net profits interests, and similar interests) specifically described in Exhibit A (the "Leases") and the lands covered thereby or lands pooled or unitized therewith (the "Lands"); (2) The oil, gas, casinghead gas, coalbed methane, condensate and other gaseous and liquid hydrocarbons or any combination thereof. sulphur extracted from hydrocarbons and all other lease substances under the Leases ("Hydrocarbons") that may he produced under the Leases; (3) The oil, gas, water or injection wells located on the Lands, whether producing, shut-in. or temporarily abandoned, specifically described in Exhibit B (the "Wells"). including all of the personal property. equipment, fixtures and improvements used in connection therewith_ (4) The unitization, pooling and comrnunitization agreements. declarations. orders. and the units created thereby relating to the properties and interests described in Paragraphs t I through (3) and to the production of Hydrocarbons. if any. attributable to said properties and interests; (5) All equipment. machinery, fixtures and other tangible personal property and improvements located on or used or held for use solely in connection with the operation of the interests described in Paragraphs (I) through (4) including tanks. boilers, buildings. fixtures, injection facilities, saltwater disposal facilities, compression facilities, pumping units and engines, platforms, flow lines, pipelines, gathering systems. gas and oil treating facilities, machinery, power lines, telephone and telegraph lines, roads, and other appurtenances. improvements and facilities; EXCLUDING. however, all interest in the vehicles. equipment. inventory. machinery, fixtures, and other tangible personal property and improvements set forth in Exhibit ❑ (the "Equipment"), (6) All surface leases, permits, rights -of -way. licenses, easements and other surface rights agreements described on Exhibit C and used or held in connection with the production. gathering, treatment. processing, storing, sale or disposal of Hydrocarbons or produced water from the interests described in Paragraphs (1) through (5) ("Surface Contracts"); (7) All existing contracts and effective sales, purchase contracts, operating agreements, exploration agreements. development agreements, balancing agreements, farmout agreements. service agreements, transportation, processing, treatment and gathering agreements, equipment leases and other contracts. agreements and instruments, described in Exhibit C. insofar as they directly relate to the properties and interests described in Paragraphs (I f through (5) (the "Contracts"); (8) To the extent transferable, copies of all the files, records, and data relating to the items described in Paragraphs (1) through (7) above (the "Records"). which Records shall include, without limitation: lease records; well records; division order records; contract records; well files; title records (including abstracts of title, title opinions and memoranda, and title curative documents); engineering records; geologic records; geologic maps; correspondence: electronic data files (if any); maps; production records; electric logs; core data; pressure data; decline curves and graphical production curves; reserve reports; appraisals and accounting records. 27, ni01:4,I71MW Nu ,* ■I■11 � }Ifl�f �IIII Reception#: 775661 09!28/2009 11.59 40 RM .lean Aiharloo 2 of 32 Rec Fee $161 00 0oc Fes 0 00 GARFIELD COUNTY CO TO HAVE AND TO HOLD the Assets unto Assignee and its successors and assigns forever. This Assignment is made subject to the following terms and conditions: A. ASSIGNOR WARRANTS TITLE TO THE ASSETS AGAINST ALL PERSONS CLAIMING BY, THROUGH AND UNDER ASSIGNOR, BUT NOT OTHERWISE. AND EXCEPT FOR THAT WARRANTY, THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF TITLE ANY KIND, EXPRESS. IMPLIED OR STATUTORY. B. To the extent permitted by law, Assignee will be subrogated to Assignor's rights in and to representations, warranties. and covenants given with respect to the Assets. Assignor hereby grants and transfers to Assignee, its successors and assigns, to the extent so transferable and permitted by law, the benefit of and the right to enforce the covenants, representations and warranties, if any, which Assignor is entitled to enforce with respect to the Assets, but only to the extent not enforced by Assignor. C. The references in this Assignment to liens. encumbrances, burdens. defects and other matters will not be deemed to ratify or create any rights in third parties or merge with. modify or limit the rights of Assignor or Assignee. as between themselves, as set forth in documents they have executed in connection with this Assignment. D. Assignor and Assignee may execute separate governmental form assignments of the Assets on officially approved forms in sufficient counterparts to satisfy applicable statutory and regulatory requirements. Those assignments will be deemed to contain all of the exceptions. reservations, warranties, rights, titles, power and privileges set forth in this Assignment as fully as though they were set forth in each assignment. The interests conveyed by each separate assignment are the same, and not in addition to. the Assets conveyed by this Assignment. E. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns. F. This Assignment and all rights and covenants and conditions in this Assignment will be considered covenants running with the land and will inure to and be binding upon the parties and their respective successors and assigns. G, The foregoing sets forth the entire agreement between the parties and there are no oral agreements between the parties not set out in writing. This Assignment supersedes all other prior written or oral agreements, except the Purchase and Sale Agreement between Assignor and Assignee dated August 7. 2009 ("Agreement"). which this Assignment is made subject to. All capitalized terms used but not defined herein have the meanings given them in the Agreement. if there is a conflict between the terms of this Assignment and the terms of the Agreement, the • terms ol'the Agreement will control to the extent of the conflict. Assignor and Assignee intend that the terms of the Agreement remain separate and distinct from and not merge into the terms of this Assignment. H. THE PARTIES HEREBY EXPRESSLY DISCLAIM. WAIVE AND RELEASE ANY EXPRESS WARRANTY OF MERCHANTABILITY, CONDITION OR SAFETY AND ANY EXPRESSED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE: AND ASSIGNEE ACCEPTS THE WELLS, EQUIPMENT, FACILITIES. PERSONAL PROPERTY. FIXTURES AND STRUCTURES, "AS IS, WHERE IS, WITH ALL FAULTS. WITHOUT RECOURSE." ALL DESCRIPTIONS OF THE WELLS, EQUIPMENT, FACILITIES. PERSONAL PROPERTY. FIXTURES AND STRUCTURES HERETOFORE OR HEREAFTER FURNISHED TO ASSIGNEE BY ASSIGNOR HAVE BEEN AND SHALL BE FURNISHED SOLELY FOR ASSIGNEE'S CONVENIENCE. AND HAVE NOT CONSTITUTED AND SHALL NOT CONSTITUTE A REPRESENTATION OR WARRANTY OF ANY KIND BY ASSIGNOR. ASSIGNEE EXPRESSLY WAIVES THE WARRANTY OF FITNESS IMPOSED BY ANY APPLICABLE STATE OR FEDERAL LAW. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT. TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE ❑ISCLAIMERS CONTAINED IN THIS AGREEMENT ARE "CONSPICUOUS" FOR THE PURPOSES OF SUCH APPLICABLE LAW. 1111111411111l51l 1410 Nit IFi1L 11111 Reception*: 775561 09/28/2009 11.59.40 AM Jean Rlovrioo 3 of 32 Rec Fee $161 00 ❑oo Fee.° 20 GRRFIELD COUNTY CO I. Counterpart Execution. This Assignment may be executed in any number of counterparts. All counterparts together constitute only one Assignment, but each counterpart is considered an original. �. Amendment and Waiver. This Assignment may be altered. amended, or waived only by a written agreement executed by the parties hereto. No waiver of any provision of this Assignment will be construed as a continuing waiver of the provision. This Assignment is executed the 22'd day of September, 2009, but effective as of the Effective Time. Assignor ORION ENERGY PARTNERS, LP By: Orion Energy Partners, Inc. its General Partner Name: Da el G. Blanchard Title: Executive Vice President Assignee WILLIAMS PRODUCT ❑N r T COMPANY Name: William K. Stenxe Title: Director — Denver A&D Planning Ell IV"�N�i+�Jl�sb.I�lYlrt,f� lltl.��i� IfCiN�,I �i fll Reception&F- 7756fil 04/28+2009 11 59 40 AI' Jssn R16,riGo a 4[ 32 Roc Fee $161.00 Doc Fee 0.00 GRRF,ELD C0UW Y CO ACKNOWLEDGEMENTS STATE OF COLORADO ) ) .ss COUNTY OF DENVER ) This instrument was acknowledged before me this 22"4 day of September, 2009. by Daniel G. Blanchard as Executive Vice President of Orion Energy Partners. I.P. a Delaware Limited Partnership. on behalf of the partnership. otary Pdlalic Name: Gera- U.r,. Ei y Address: i e rr f j..De ipi 4 r , G© My Commission Expires: [wall #� 031111111161 EOM WSW! STATE OF COLORADO i ] .55 COUNTY OF DENVER ) sits , Ste 506 8t,� toIa2bar� This instrument was acknowledged before me this 22" day of September. 2009, by William K. Stenzel as Director — Denver A&D Planning of Williams Production RMT Company. a Delaware corporation, on behalf of t e corporation. ri Notary PublicName: Ly r' ne ./ K`ir I Address: rTSa 161 64 My Commission Expires: I25/d7be/ My palm Expkes 102512011 . Er. 1111 ri PriiiV 41;1WkIW1.0i1 ,1.G44111A`111,1114 II III Receptsonts: 775661 09)25/2009 ft.59 40 An Jean Rl,bario 5 of 32 Rao Fee 5151 00 Doc Fee 0 00 GARFIELD LOAD' CO RECORDING LEGAL DESCRIPTION 0 4 P z d ♦7 C1 sc W O 6a tit INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLLOWING CONTEX ENERGY COMPANY RAYMOND ETCHEVERRY & ORIEN rn 8 0 cc a 0 8 T7S, R97W. 6TH P.M. W cc z 1.J 1.J a O i LA Li W w vt w rc v tOa CC CC a > 0 x 2 W PC uJ SS 4 O. FAMILY TRUST DATED 5/23/90 INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLLOWING LAND: CONTEX ENERGY COMPANY T75. R97W. 6TH P.M ❑ a a x I,.CC J Cr cc L7 ¢ 6 JZ al W ❑ 0 2 Q N M d V Y y pa w h d O en g $— N M � W 0 0 8 INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLLOWIN CONTEX ENERGY COMPANY 7W, 6TH P.M. SEPARATE PROPERTY ry 02 La r4 u cr. y x Oft 8 CO CO N 8 rO 0 d rni v a rn 0 i 0 a 0 cc u INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLIO CONTEX ENERGY COMPANY JOHN ETCHEVERRY, A MARRIED MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY 0 F a 0 2 2 2 J CONTEX ENERGY COMPANY a cc cc a ce s z 7 a a 0 0 .-1 MAN DEALING IN HIS SOLE AND SEPARATE PROPERTY rl 4 Elvin µ1Ial MRA IM1KIN11111 Rtt ptlon#: 775661 OR/28/2003 11 89:40 al Jean Alban ano 6 of 32 Rea Fee:Si6f 00 Doc >•et a QC GARFIELD COUNTY CO LEGAL UESCRlPTION Paul Etchevesry, Cont'd CONTEX ENERGY COMPANY ROLAND FTCHEVERRY, A SINGLE 2/28/2009 Entry 642863 2 4 G w V VI a 0 cri Les tJ W • r+ as Cr; ex • i.J (J LL w ▪ w W W K re vi w r o. 0 0 ✓ W0 Ch_ 4 v. wz ti Li Li ' O. HUNTINGTON T WALKER OPAL C. LATHAM, A WIDOW 1/20/1989 1/19/1996 a 8 H ❑ ✓ 0 N T75, R97W, 6TH P_M. CONTEX ENERGY COMPANY SEC. 5: RESURVEY TRACT 38 OF PATRICIA H. PQTTLR 0 A ec. an en m o m - o co � w LLa co Q 0 G�1 2 0 2 ti z 0 0 CC V x H 3 cn cc CONTEX ENERGY COMPANY W0 Q a 2 a a ✓ a c 40 O ti SEC, 5: RESURVEY TRACT 38 WOMAN DEALING IN HER SOLE ANU SEPARATE PROPERTY • I111114MOM MAI MI Ng111kiii 11111 Receipt ion#: 7756E/ 09/28/2009 11 59 42 AM .loan A!Oar sco 7 of 32 Rao F.. $161 (70 Doc Fa0•0 00 GARE/EL6 COUNTY CO LEGAL DESCRIPTION 0 vs J z Q u ¢ a 2 y Y x Q a s m ctl z V a z 2 F ct W ti 4.J 0 7 YU CC w W N 0 CC z z a �+ z eu 0 ❑ 4 L 0 ar 71 ❑ d 0 Patricia P. Coyne, Cont'd. 2 0 2 2 2 a U O x 0 3 m ra F 0 UJ LLI > a CC LIE a � W OC = ao LL V � T 'n r 8 3 0 1- 2 Q 0 u q i- U ❑ W - < — < W a F. b LJ CW V li 1- W.JI - 0 ro y V f N C OC z s n 0 N p z Y O t v na m a 0 d p C < m e7} y „- gUJ F N a ee 0? v 7 d Y 1- L.)III ee VCoil U CC CC CC er 7 W W L/I I- 0 * L aZz61d`rr w w 2 w LL cc. Y Qi I-- Et u+ 02 J a j °O a VI r W W 0 a1 W V1 l3 F CM ui w in N m u VI ❑ !Y ✓1 ` a 4 0 CONTEX ENERGY COMPANY H1 02 m 0 0 0 SEPARATE PROPERTY d 0 1s ns GL CENTER MOUNTAIN PROSPECT LEGAL DESCRIPTION CC 0 w -J Ca sO N 0✓ 0 WEST. 6TH P.M. Ca VI LU 0 m ac o 3 itFE Q U VI J LIJI N N 'Kra ❑ IA N Q I.-'0 x Z ❑ LA d x arc _ a "' W x° 9 a 3 z J z a . a a j nr V w Q ¢ w W `� H+ U N 'r' 0 w F a �- 0 r CC F D 0r d ¢ai x C¢ r d 4- H Q rrt w cri Lu 2 w LL cc ` J d a J U l7 a a Q f �y Q 2 w 2 0 CC W=CC �3oa=°' �g z x Q~ ~. C 0 N7 z fl iJ L7 3 V L. �' 2 0 u• a 2 ,3n 0 3 m x aN W— WCw 2=U. sW�ss- Jxn0.LL��17I- WrVI QW cxo LAx,t o ag0¢_ W W z D J Q a a W z u Z u o cc L. l7 a= '^ o E 2 3 N W m a t Q u0d 2 i_ Q O ran 00 ¢ CL l7 n m N m X .2 ❑-. N 2 2 4 N `yy F Z W J J x O ❑ O w U. vwi v I- 2 vai 2 z a Ln I. TOWNSHIP 6 SOUTH LARAMIE ENERGY LLC PERRY DAN RODREICK • 0 N N IV CO 0 0 0 CO LARAMIE ENERGY LLC MARY 0 VANORDSTRAN❑ 0 0 07 N �111 rePaIMAIVA.16141A1.1114 11111 Reeepiaon#. 775661 09128i2009 11.59:40 PM 'ran A:berico 8 at 32 Roo Fee SI6t 00 0OG Fee.0 CO GARF1EL7 COUNTY CO LEGAL DESCRIPTION ,t VI VI rf 3.J a tVI -I W V1 W < 2 ❑ 2 2 N 0 W = ❑ O Le,1-J' x } Li 2 a z ❑ 0 F W 2 a m N W 2 wCC N 1 w LL W W VIO _ W I- 1- H ❑ 3 J CC d r z a ❑ — a a a , p a w 3 T L. LA I. W R. CO ❑ F^"1 a v. =-a <41 oL Oz o l- O Q2 m W. O y 3 W W J N 2 2 f 2 W J _J itgiLuStg x� ►3 CO I.- z 0 CC a a ❑ 0 VI.1i-Zt 0 m 2 0 i Mary B. Vanordstrand Cant'd SOUTH. RANGE 90 WEST, GTH P.M V — yCr LU Let VI N ry 7 QLel V. N Q W — — n N V1 r, W 2 NLLL d N N f- r ry N— J z2°aW3�3a d iniD 00 61 A N N 6 f� .r ..a .y r.i 1V N N N x 2 2 2 2 2 2 z 2 2 VI L L r r w U. r r 15 u u v u u 9. LA til LA VI LA LA LA LA VI YOUNG ENTERPRISES USA COC-65513 d P 4-9 O 1-1 2 a2a r TOWNSHIP 6 50 YOUNG ENTERPRISES USA COC-65513 m A C7 p, Q1 R .11 N rA a N en en m rn m 2 z z z 2 2 2 2 0 ❑ ❑ 0 0 ❑ ❑ ❑ Ci u U W w W +L W w W W N N Ln VI VI VI N N 0 a 0 r RANGE 90 W X s z ❑ 1- YOUNG ENTERPRISES USA COC-65514 a a r 6 m m 2 2 a ❑ r u W WVI LA �Ill�i�T1i><i1f1�11�1iil■I'�"�IN� �I111 R*eeptlontl: 775661 09/20/2009 15;59 40 AM Jean Aluerlcv 9 of 32 Rec rare $161 00 Doc Fee 0.00 GARFIELD COUNTY CO RECORQ NG LEGAL DESCRIPTION ❑ V. N W J Exp Date INFORMATION A 0 6 s W 2 0 YOUNG ENTERPRISES USA COC-6 5 515 Ln 1- 0 J EcTIO TOWNSHIP 7 SOUTH. RANGE YOUNG ENTERPRISES USA COC-65515 O 0 g N - IN H▪ I g0 0 IA 0 0 4-1 .e .e t 0 t t 0 0 W W 44 W W W VI N VI VI V1 TOWNSHIP 7 SOUTH. RANGE 90 WEST6TH P.M. YOUNG ENTERPRISES USA COC-65517 w Cr N 7� N W 3 3 Q .J J ¢ W 0 -. 0 .-i N Ct .+ - 2 2 2 z 0000 w u U w W W VI [A V1 V4 x 0 4 YOUNG ENTERPRISES USA COC-65518 1 - cp N N n u-i r• .n v p Na ..0^ CY Le, N we ,C. v 41 g ee g CO 0. • u 0 m W N I r. 0 a` _-1`W. - SECTION 15: ALL HIP 7 SOUTH. RANGE 90 WEST. 6TH P.M. YOUNG ENTERPRISES USA COC-65519 11/30/2011 Book 1547 o 8 8 N N N — -, .e NW/4, NF/45W/4, NW/4SE/4 w H. RANGE 90 YOUNG ENTCRPRISES USA COC-6552( 3 3 w a v ▪ r - Z 0 0 O u'i N N N 0 0 0 U v U W Vl J1 N 0 1n r ti V VD un H 1.o m n O 40 O ro 4C CO 4 0 O n 8 ry O 0 00 0 [a 1: b rri co co 06 CO Q 0 0 0 .-I 4-1r rw SECTION MALL gm, rii mronchui1� ac9Gm 775551 m.m._u_na,wm_m= '0 of 2R Fe.ae _a Fee 0eG_na:ro s LEGAL DESCRIPTION SECTION 29: N/2NE/4. SW/4NE/4, W/2 ESTrOTH P.Att, TOWNSHIP 7 SOUTH. RANGE 90 YOUNG ENTERPRISES USA COC-65S21 0 § } _] &r 7© 0 02 • 0 / laJ \_ \ TOWNSHIP 6 SOUTH. RANGE 90 WEST. 6TH P M YOUNG ENTERPRISES USA CDC-65947 SECTION 37• NE/dNE/d hLOP a"03ƒ5 0 if▪ t rn 4-▪ 1 TOWNSHIP 6 SOUTH. RANGE 90 WEST. 6TH P.M YOUNG ENTERPRISES MORGAN RANCH, LIMITED CV 4-▪ 1 4-1 LIABILITY PARTNERSHIP, LEE MORGAN GENERAL PARTNER, WILMA L. MORGAN, GENERAL 2 \ 3 k 22 cc zz Lp ) / £ MORGAN, LIMITED PARTNER k § 3 z F \ ) § 0 � 2 / LARAMIE ENERGY, U.0 JACQULYNN GEISTER THENCE SOUTH-EASTERLY TO A POINT 750 FEET SOUTH OF SASD NL CORNER. LARAMIE ENERGY, LLC YFAkEL MINERAL RIGHTS COMPANY, A LIMITED PARTNERSHIP § 0 myO )2B SE )r 0 0 \ \ DC e \01 CD \ $ § q d k § § § III} ! 'i «Ih ' iIfW7,4+1:N+11410.1u IIii'thIL4lii 11111 Receptiont7: 775661 09/28/2009 11 69.40 AM Jean Rlaerico 11 of 32 Rec Caa:S561 00 Doc Fee.0 00 GARFIEL0 COUNTY CO LEGAL DESCRIPTION UTH. RANGE 90 W TOWNSHIP.6 S LARAMIE ENERGY, LLC SECTION 29: SW145E/4 J AL Al Al IJJ Q tilr'� 7 s Al U LA CC J T W >- C Q w THE RICHEY TRUST v .141 a LA VI LA 3 3 3 e vs3 a LI VI 3 V1 W VI = Q1 Al 3 - 01 W 3 W esvs U .r.. W W N fY A n ,n u9 w N x N az N Z _ v'I Z 4'cr N d C d �% V i% N r1 W 1!I ~ A.. N ~ 7 Q 7 `r 7. - I ry 7 C- = Q O VI LA LA VI p Q 1 LA '^ O D vW 0 VI 10 -- 1'` J IO r-. A. IO n N1 V M C a M Al 6 M �' rmil m i+` 0. M rn x Z Z x 2 z Z x x 2 x x x x 0 o z �❑ 3 300 3U 3GG 3 LARAMIE ENERGY, LLC JENNIE KRUML, DEALING IN HER SEPARATE PROPERTY ID V rl w d e Y m 2' 0 get m O.W L3 MI 0 a w 0 ID ri 0 Cl W.i Q O .y H N 0441 LARAMIE ENERGY, LLC LARAMIE ENERGY, i.LC C 03 2 i u t7 2 HUSBAND & WIFE 22 3 v ci ,n 0. ID W• x Z W W 3 Q 3 O W 3 W N Q _ xa I- N _ N ❑ • r up VI VI VI 0 .41 a m m a rri Z Z 2 VI 2 ❑ ❑ a ❑ 0 0 W FLI, InVI LARAMIE ENERGY, LLC 3 LARAMIE ENERGY, LIC N n - p .ti l31 cd uo W IQ ti M X9 r1 M 1D a m c 0 m 44, ° v [ m 4 w m a w o`e 10/28/2009 ma- ..I'v 0 0 ry N MI N "y 01 01 1'11 -.-. Q AA Fl o 0 q. u9 IPI .--1 .i m v 0 0 N N of 4 ., N 0 01 1111 ri lOritiNietrivINE4 1CM:W:1100N 11111 Recepllent! : 775861 09126120O9 11:59•4 FM .teen R16erion 12 of 32 Rec Fee:5161.00 Doe Fee Q O0 GARFIELD COUNTY GO LEGAL DESCRIPTION CC 0 d ro a z a ci 0 z TOWNSHIP 7 SOUTH, RANGE 90 WEST. 6TH P.M. Forrest B. Ross, etal, Cont'd. SECTION 3- LOTS 2-4, 5/2NW/4, SW/4NE/4, SW/4 TOWNSHIP 7 SOUTH RANGE 90 WEST LARAMIE ENERGY, LLC SONDRA LEE CRABTREE, AS HER SOLE AND SEPARATE PROPERTY TOWNSHIP 7 SOUTH RANGE 90 WEST, 6TH P.M. LARAMIE ENERGY, LLC 8OBSY GENE ARTAZ, AKA BOBBIF GENE ARTAZ, AS HIS SOLE AND SEPARATE PROPERTY UTH RANGE 90 TOWNSHIP 7 S LARAMIE ENERGY, LLC CHERYL ANN BELYEU, AS HER N N N 2 2 0 22j -I _J r I- a2 a2 0 v ¢ v VI W2 W f W y VI p WI v VI 3.41 ° 3 W 3 La 2 2 N 2 2 r.- 2 2 v Ni a v v _ Vxi = 0 0 0 0 0 0 t 3 _ t5 W 0 W G a W W Vt V1 F V1 VI H VI VI SOLE AND SEPARATE PROPERTY LARAMIE ENERGY, LLC DANNY JOE ARTAZ, AS HIS SOLE AND SEPARATE PROPERTY 00 r- 0 ..0 N N r4 N N .• N 0 W (0 OI ao 1a co 0 Y, OD . CO‘a 'a ` 1.a ID ..-/ CC la ..• m Ia .-I p00 tic g 0 c 2 .,.0c to C O v c co 1..1 4 W 0-W !a d W o_ 0 0 0 S N 0 0 N 1 0 m CO CO m - .4 rV N .-I .- 0 0 4-1 (0 Co 0 C 0 o M N N H o c_I en o .=1 N n .+ 0 0 .ti G 0 6 �a .a 0 n .. .+ .» LARAMIE ENERGY, LLC BONNIE LYNN WAYNICK, AS HER 10/28/2009 book1660 SOLE AN❑ SEPARATE PROPERTY 0 01 2 a'a F 0, 0 0 03 H L sn 2 2 0 VI LARAMIE ENERGY, LLC RODNLY W JOHNSON & CAROLE JOHNSON, HUSBAND & WIFE LEASE CONTAINING 35.0010 ACRES, MORE OR LESS 00 LO Q 3 4 3 z a 3 = z 3 0 a 3 W 2 N z VI 2 44n e V1 mg? a z r+ r+i M rn 0 0 L) F W 1/1 UTH. RANGE 90 WE TOWNSHIP 7 S LARAMIE ENERGY, LLC PARK HILL. RESOURCES, LLC, A 10/9/2009 Book 1758 et aa( I11 0 0 0 N N ry 0 0 0 C1 O 0 0 0 0 r1 .--1 •-1 M 0 .-I 0 0 0 I.0 N CO m 01 0' 0 0 0 w .� COLORADO LIMITED LIABILITY N ■III I 'I3'PIPAVIIIII RhfiC??OK Ifrt.'N1 11111 Receptaant' 775661 09/20(2009 11:59 40 AM Jean Alberlco 13 of 32 Rea Faa $161 0Q Doc Faa 0.00 GARFi€LD COUNTY CO cn 0 Cl } N J Ca • a Y z U. • a re 1- D 0 aG 2 r 3 a 2 Q KOHOPELLI PROSPECT RECORAING LEGAL DESCRIPTION w J Cr 0 Exp Date INFORMATION o 2 TOWNSHIP 6 SOUTH, RANGE 91 WEST, 6TH PM JAMES C JODA USA COC-51146 v 0 0 1 0 rN 3 3 LIMITED IN DEPTH FROM THE SURFACE OF IfIE EARTH TO THE BASE OF THE CORCOR AN FORMATION OF THE MESAVEROF GROUP KINNEY OIL COMPANY LEY, BRUIT L. JOLLEY, AND KENT S. JOLLEY AND ANNE E. JOLLEY 0 ❑ Q CC d ❑ u 2 ❑ v Q LIMITED IN flFPTH TROM THE 511RFACE OF THE EARTH TO THE BASE Of THE CORCORAN FORMATION OF THE MESAvERDF GROUP 5T, 6TH PM Z a cC 2 1- 2 3 ❑ 4- ORION ENERGY PARTNERS LP KENT 5 JOLLEY AND BRLTT L NE/45W/4, NW/45E/4, E/2SE/4 0 0 0 0 L ILL 1 0 GARFIELD COUNTY. COLORADO 1111 '. 1114+M INTIKM114I4101010. IIIii 11111 Recsption#: 775661 04/24)2i09 11-53 40 AM Jean A1Cer10o 14 Or 32 Rec Fee $161.00 Doc Fee 0 D0 GARFIEL0 COUNTY CO LEGAL DESCRIPTION of LA z 0 8 2 ORION ENERGY PARTNERS LP esi 0 Q T 0 v r - as 1 _• C 10 � c CO N C1.0 ter ✓ V c m O Q CO is FO O O 0 ▪ m a 2 c 0 3 - T V W ▪ a Uj O 3 m 00 2 N m Q Vf a Ya v.▪ E .. rl ..1 N N {� m a o 0 C - C 2 O' a ✓ L! Li 1i tO C 34.3 _ fa v V1 VI IA V7 - V c!1 N V5 3 . u 1- Township 6 South. Ran w rta 2 2 1L 0 N Lrl 0 4 O 2 v 2 4 wr 3 14 cn r N a 3 v a„1 6; 04 0 0 yr v O 0 ❑0 al ■H! 1 'iRNV'NVON MAT ONMW0,14 •I 111 Reception#: 775661 09/2812009 11:59.40 AM Joan R:brrico 15 o! 32 Roc cee:$161 00 Doc Fee,0 0o GARFIELO COUNT4 CO LEGAL DESCRIPTION a b N W J of cr a a «' qj 0 0 p C 'ro n C O❑ C m .y 0 L Y Y l7 C N r. Q a c a o Pil w oa �i„°n'� E as r `°5,- RA Cal r , L ] T O dM C m Lo a 6t di a w mNC O-0a a L v on o m 0 , a❑ L z m e v a W 3 r a. C 7 t H a.' W r+ : C¢- Y7 do 0 1] 6 >. pp C LLI L C+ v N a p. C L 1 N t C 0 W a C " l+ ❑y ✓1 C ❑ ❑ L l7 m « C ry v❑ m s c L x ry E m °: D m o 45 a a a v m a L7 C z L.frn N m ri = a T H C a lorado m O y -L ip C_ — Q .3...Jim ❑ a na m 3 c i m m- ry N 'n - �3av�1.11 ��,03�°' Qor�C0 ❑ c a $ a W z a d N vi .2 C u N C❑❑ d O 31:1 oa ° c y z Q a W ❑ _C N a❑ flC 01 13 N v 61❑ N .' L 5 a d L = C G❑ 4 ❑ O r F., v1 3 C w to O 7p 6' i u t7 t a a c C °a' . o a 43 alt 'a H to z ro zL o0 4.3 372 E `❑ z t,c a N 6, a 7 v CI C N cr ZA m-0 r a o J " ° w o a n 2 V 7 v -c a ar } _ .0QcW vi V ' d 7 _.1 0G fa C — aJ 9Q a T N 3 a C ,v 1._ N+ 2 p ry N 3 }� an d O '- h 2 V« m C .: C Z J LJ iii l7 3 V C V 4 Z 3 a O TO is ,n ❑ L , .. 01 01 6 ❑ "41 CI- O,• G 1 7 uZ7 C 0 G Ll 7 .T+ C C 7 77 Z❑ 0❑ W R 0❑ a na ID 0 6) 0N ,n V, a U 3 U N to 0 ORION ENERGY PARTNERS LP 0 N m u n a 0 N m ■11I 11111 Receplianti 775661 09/29/2009 11:58:10 Ail Jean A]O.rico 16 of 32 Rev Fa4f:S161 0B Doc Fee:0.00 GARFIELD COUNTY GO LEGAL DESCRIPTION LC Q a! p ORION ENERGY PARTNERS LP YEAKEL MINERAL RIGHTS N Q1 c W N 0 N 0 rl 8 0 0 G COMPANY, LIMITED PARTNERSHIP GARFIFLD COUNTY, COLORADO Q W a e x 2 ORION ENERGY PARTNERS LP WINTON A. WINTER AND 12/9/2013 Entry 760678 NANCY M. WINTER SECTION 30 0 n z 3 0 1- SECTION 13: FROM THE SURFACE OF THL EARTH TO THE 5TRATIGAPHIC EQUIVALENT OF THE SASE OF THE CORCORAN MEMBER Of T rtE ILES FORMATON OF THE MESAVERDE GROUP. RANGE 90 WEST.6TH P.M F ORION ENERGY PARTNERS LP THE SHIPMAN WINTER TRUST 12/7/2013 Entry 760679 UNDER TRUST AGREEMENT DATED TUNE 9, 1983 FROM THE SURFACE OF THE EARTH TO THE 5TRATIGAPHIC EQUIVALENT OF THE BASE OF THE CORCORAN MEMBER OF THE ILES FORMATION OF THE MFSAVFRDE GROUP • 1111 i ttnoivinrioni 'Ifn tecilogo lm .I 111 R■c.ptsonp: 775551 09/2812009 11:59:40 Rf7 Sean Rlberigo 17 of 32 Roc F•e•5161.00 Doc Fee 0 00 GRRFIELD COUNTY co LEGAL DESCRIPTION O1 W 2 2 us CL L 2 0. a c0 In ii en L_I 5. a °° Cr; ec'v M a r. N N❑ vV, N Z Z 2 Z X Z 2 2 J x z _❑ a 0 F❑_ y❑ Q❑ wi W U t F F❑ ✓WI enenLWn Q W W L 4 a ORION ENERGY PARTNERS LP THE VIRGINIA W. ANDERSON p1:0 8 N a 0 0 r+ REVOCABLE TRUST DATED SEPTEMBER 13, 1991 THE BASE OF THE CORCORAN MEMBER OF THE ILES FORMATION Of THE MFSAVERDE GROUP TOWNSHIP 6 SOUTH. RAN BASELINE M U5A COC-73255 0 o ''I n nui or o w ao co U N VI T i47 a 0 H 3 y a,ry 2 4 w o 4 co c Z n D ❑ s Y i R 0. 0) Z w 2 41 v t v r , g 3 m� m „� p,'' �+ C C 0,H rp L o: Z ry VI r 4 p C W 10 VI C -kJF+ W ~ LP, '• C1 C 'Z m z3 ��°� w V' a t"3 zz R L4 W O W C 4 W O m cn v c ti n ❑ K a c m Z a Z 0 rn 3 w -= v`11 W 4 asa y_j W_ 4 I-i Z$ A ry a Y N ❑ H d ri x 9 4Z oo a Lo _. m en 0 o b W Ili Q X a 3 J m os en N m oa r M OD L V 4+ p O d N 0 v m .c T F- 7 L .r-. N o A EJ C H D W Z ❑ r- d 2 TO- Q 3 Z Z J- N D. LO Q 3 a V M j ry C V❑ Al my u a _ V •C o g ry a c V ❑❑ O❑ n CL In ro D u T `= a m EL vi t w z N m Cr G G en UJ o� .0 L 4 J° u o m y LI La7 ORION ENERGY PARTNERS LP WILLIAM RICHARD GREEN, aka 11/13/2008 11/12/2011 Envy 762798 1111 IMOC1191,14liiiiNkh, A1:11F7.1411741.I :iIVL ki 11111 Recepf.tom; . 775651 09128,2009 11 59:40 AM Jean Albertan 19 of 32 Rec Fee.S181 00 Doc fee 0.OD GARFIELO COUNTY CO RECORDING LEGAL DESCRIPTION cC Lei 0 z 0 A W 3 C Lw 3 w z CC m _ W o- 2 ry F O — w o�C `, 2 ✓1 pp Q 3 cc 1n o P 8i O et W 2 .O co c0ro on Hoso LL } T 00 0. O M Z$ z w 3 # w Z y c is 2 0 m o o t g J 0 2 x �J 0 a 24 .0 L m ti G 0 Q N u~i 1= w m y Y `u G u W N Q d ° x ‘.1., 91 z as s d d¢ 3 y H cc Q C" N v c ❑ hi m x o '� , a Tm 3 1r❑r Ty m tA :° v arvi m g "' z 2 o a a Lm q1 _ W Z%^ a m r a w co Ln d S w dNa waovi3Li io �- x 3�. 2 v' rri r' w 2 L. 2 [4' ar 0 1" c p co 2 m w 7- z ► z V Y r 1r x a= m .4) 3 N O w w O 01 _ �' a w °y' v c cr. L. Q W ry m_ 0 4 ❑ N x LL I- L 2 g e 0 0 A W g L, .-A Z Q Lo r W i Ow M� C�" R�vu z50= 3. Iri La = a3 3 _. co o n en CO ,—Oa I o u -12 n$ m F 15 6 rY N i0 O -L:az .1 >Q Q 5ZZ 0i_ co,L- a 3 d v Mz, Q J CC G 11, p; 0= ,a c) c' D 4 N u LA--2 172' • m a+ m y 2 iz fl w F ce Le j a, y c pnp ❑ w N se m pS Lj fY V L7 0 o ORION ENERGY PARTNERS LP ORION ENERGY PARTNERS LP Lfl' ae 2 2 cc 3 a 0 December 5, 1991 1= w Lp rn 1 rn u 1,1 ur~i 0 Q 3 :-1 ry ill cc w n V1 3 Y J o¢ 2 e: 0 0 a 2 a THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 2316 m b Q 04 Q ua W Lei Lei 3 01 LA W CO N 3 V v m v `� 2 re en 6- s ^1 ❑ n w v w= v ry ❑ V, 0 ❑ h j O m O w N 0 17 Z❑ w d u La l cc rs4 LU cc F u LLI1= 0 Q wI Lit zttc4 Lb 0 Z. ce a Q l7 p Er 0 1 p Q n 2 '= 3 Q a`c a¢ a M n y d u W W O= W Z 3 W .., vy oo u 2 ip w 0 F m .J L V, W x r a x 3❑ "' v z'° Q O•F N w O O 0 u= w --1 w L=J w LLJ Z Lu 2 ~ 4` ❑ 4` Q W V Q¢ '~'"' wij- w N. Z Qy 0 lL 2 Kt LL W re LI.1 ❑ it A Q i+ Q N.0¢"20 Q co n'^ W N La Q W Lk V1 .1-.IL L. v1 Li LL Li- 61 le p r L. ..r1 0 a W 2 ❑= i g 0?FLoca m i F 0 N J^1 W w❑ N w w 2 V w Q 1l- w Q LL Ll w LJ Q LL W q u tl p m❑ o Q v u "ry 0 I rl La 0= vn1 VI Ze 0 W j I.-IL.' 44 U M x Q LJ a; 0 tn v LL `-' °� d Q F pc ¢ W 2 W ry ❑ F w Q X p W Q= 0 2 A w W z 3 u e z 3 u L. W a w tO W Vn ❑ _N La V 0. N❑ or 0. N❑ !n LL 0 Q an v1 A DISTANCE 0 un 41 2 2 aL x W W CC) CO e.+ 0 2 2 a 1- 0 a 11111 l rAPINA6 YtI :1011'I.111:11 .Iiiii 111111 Receptsone; 775661 09/28/2009 1} 59 40 AM Jean Rlbertco t9 of 32 Rec Fee St61 OC lac Foe:0 CO Gi7RGIELD COUNT~ CO LEGAL ❑ESCRIPTION Lease Date 2 0 Fr c 0 LU LL IIY rn 0 N W a II 0-1 cri m LD V7 a 0 2 w L1 2 OD N v Irwin Family Trust, Caned. THENCE N Si DEGREES 43' 16" E A DISTANCE OF 138.49 FEET TO THE POINT OF BEGINNING. COUNTY ASSESSOR PARCEL #218106300219. 2 A TRACT OF LAND SITUATED IN SEC. 6, LYING SOUTHERLY Of THE WARE AND HINDS 2 a a 2 ) ❑ to tW/ LW WI ¢ W W v Q CC ((� vn ry W r �,y W W Q Q LLL I. - La = CC W y W 2= M W n W CC LA W S F LL W V � j 2 J O CF} _T� Q 7Y. F ❑ W `;,� W CC vi E j,A W ( IL W W W W n Jf W ? ❑ 7 = L' ❑ Z N la W N W w W ❑ Z N LD a U w F ZbtW ❑❑ X LL❑ Z G9 N I Y H Q 1.0 W Y. O~ ❑ Q F F LL O F r j F ••P N N W W F D U1 W F m W .aJ J❑ ❑ II W ❑❑ W W M W W H LY. faWJ W W 2 laJ m U /� 4' F❑ W Q W l!� Z W W CC u LN W 2,, R CC lU W a� 0 2 I,, F C❑ yW _ W w w LJ ❑ Q w❑ 2 Cr ui sZi rnn II= M W H r/e IN y II p op vl ❑ F W❑ 2¢ x g y a z '° DIA- w ✓~t M ^'1 F m C x W vs d w r-• w,o Z 1u • 3 w MI Z 17 ❑ i0 LL F V W w L'j faW Luke) W W W u L.L11.1 frl CC Lw f, W ii W W [pip tr,F 3 4 a Z { • % W VT Z. f� in W LI LL EO R' x ul N y�j S"i N R1 u�'j ❑_ 2 pry m 2 CC ~ 0 N u) 2 F IQ F ... M W T t 7CO W F 8 In p W - N QC T. In 0 O J❑ ,,,, O Q •Q I 4,1 2_ d❑ F co ., ❑ F -+ cn n ,1, o v W r `' z_ W 2 00 Q Z 1- H❑ LA T W F in W �'I W w W N 1 Qpt� LA N y~j W❑ 2¢ r+ w. LL} W= Y1 N W ✓1 W 2 �W.. N L.i W 6= U CC w ry w Q 0 0 W Z W "I W W ❑ Q W T 2❑~ N W U ti0 ;� Lai U 00 O II W m❑ �++ F- n❑❑ d 2 t7 Q Z ua H❑ V' W G 2 d rV ❑ Z N ^1 T '" u� 0 2 ..a F- C3 ¢ w W .r W V 0 CC pMp i p1 W :� 2 a W 2 F fl} W I. U N W Z in w IQ Z 4 tit ❑ W r Q W 2~ _W LY V7 ~ W W ua N W U (7: 5Y LL F Q ,U w CO H w W II W . iJ W W T W CJ LL aL W J LL �_ V-tW y❑ Z -I 2 Z❑ ? Q y Z Ln Z ii. M❑ Z it N i� yZ,1 N ry 2 a Q 0 ild ❑ J W Wy yy/�� W W M W N Lr1 = ip W F 7 F La U H N m F„ D N 4P F n N N F �y 4q F m W r 2 4 W CC m F z �F.. W C1 CC ICI W V5 CO W 2 �+F+ w W W W V' W Z W W U W Q LL EC IA II S Iy CC yy CC L W W CC CT1 La 1.J LL p CC 2 W A Z !C U il. ry W a ct ❑ W W W 3 fl I'- vti W uxi W `y U.1 W rI - W Z LL M W W m N F W r x ❑ I.A i..i t!5 ❑ Pry Q LI'I ❑ F 1,7 to cc a Q ❑ i LO I'Y .„ 2 CC c. J W V W ❑ n'1 T T F W H 11'S IJ] IL W ~ N U] ❑ .-1 {..I 7 F i� yI ry�ry ry in N VI w w w y� w u W o 1/1 W 3 W Z tri Q W= C4 W N 7.ry Q 'y W Liei,in s V C "v L7 y O f� w U U— I. 3 pC 2 " w w LJ i 3 '" Li W 0+ "' V' w ❑ 2 [!i "' a Ia2. w a" ❑ 2 7 5 In w ❑ w f+ ❑ :+ L++ Z ip Cq W 2 0 ry IA ap a 5 2 r- O p Ln ❑ ¢ a Q U I» T o ca. a❑ I- h lark 0 F- I- G C r-I u'I F W v, m C U 2 CHORD OF WHICH BEARS 5 73 DEGREES 24' 30" W 129.10 FEET; THENCE S 77 DEGREES 21' 30" W 1448.10 FEET TO A POINT ON 5A1D WESTERLY LINE OF SAID still rett 4+Y#i 1M4 iggilighifetialk 11111 Rsceptiortl3; 775661 09128/2009 11-50:40 AR .lean AlbertcO 20 of 32 Rao Fee:5151 00 Dos Fee:0 00 GARFIELD COUNTY CO LEGAL DESCRIPTION RECORDING W Q U ryry h w Q in a❑c Li., W ° sn 0 W .� �,' ° v, 2 `" 2 v7 x W m v+ ❑ Z � x Q Z co ¢_ 2 d W 2 2 n V] ❑ L� 2 w❑ LL T W❑ v' 0 ~ W 'y W �_ W T• Vf fl7 O N V g d v W q p ,.1 W?❑ a m U? W Q W W Z LJ µ❑03 ❑ O fh N W Q W Q W Q 4 x W f �Zjy x h N 2 S LI h a Z W p d' tt❑ ❑ x 2 g'.' ry ❑ Z Q 2 w ❑ W w❑ J W x }� IN Q ��,,j�] U Or r{ vs F- '�^ J W N T `� J W x Z 1 LL N Z :It us S= LL F N �"1 {� 2 f11 a W WLA w Q K LL W Q W W F Q WQ W W F a W ra Q i. LL=❑ µ w Q CC S W cg H m D: ~ W W LL w W D: !....,_ W2 A= WZ m hA0 8 2❑ J 0nS ❑ W H Q W w U Q W C W U G wW 0 _ Q [..7 V❑ F¢ ii �D U fl 0 F Z 5 2 w ❑❑ U V❑ 4 ❑~ U '+ A D �j w 74 0 t W v .2u m ❑ Q S Z 3❑ n O �y e} W w a❑ w - �n N w= ui as 'Ij w ti~ CC .� 0 W LL Z rj N❑ tII sn W lai a Cr 1!1 x S w m ❑= h N F CV tin D. '+, w a W ,n -cp N❑ H F- v1 0 r F fy N 2 F ur 2 0 r 1- , 2 2 at Q V N '-'� W r LL 08 w z s� l7 �++ ? i+ C7 v 1++ z N w? Q Q OJ W 2 3 ,,, lJ Q 0 2 n V x❑ 2 Q i x 6 2 7 - Q Q o0 2 x Q❑ :r d V Q U - Q x V¢ z 2 W g o z❑ ❑ tl W Q L++ ❑ '. W .� W ¢ Q L. Cl w J ry Z A a vrs-�-'`LAJ CC -'�wzaxau,L. a?¢W=aa��a WW?a?�Wow W OV LL d' W x Q~ u~.. w 0_' F- cc Y- W W cc ,a,� W y� OG W CC W 0 LL u. Q i❑ q F 3 h a u 3 I-. l�7 x s�7 ¢ 1-" L. ❑ u CC ¢ U a Z ¢ �+ V7 'n = LL W U❑ w r' aMO 6 w ,0 TW �D 0 A W w oO m0 r 4u cc U7 = W 0 p Q Q 3 2 z W Li in LL z t' su w Z w 1- ,., 2 w= W 2 2 r a ,� W 2 x❑ ¢ 2 w uI } T• ❑ ii' U = ❑ 'L MI _j1W.7 2 q l7 - U = W V' u, l] S 0 l7 U ll Q= ,W p~ �+�,+ 2 x Q Z OJ Q x Q 2 O0 ' L. a= 4 m T 4 xz°z Q 0 2 a LI ImV U J F LL 2 W 3 y W W Q ti h w a m 1- w p`[ Q .. h W w ry h w oC �!^±� .w F❑ 2 W C7 2❑ v a.m 3 Q 2 W W U Q~ W W Z Q, w x Q 2 W W S a i `r w 2 W UJ Z W z x¢ W w 3 u' ce r 3 W LL cC t,ij W �` ocLIJ r 3 V U. h 3 W LL a p Q rlal 0 ❑ 2 - J l7 w w l9 F$ m p C H w LU R a oC d F F 0❑ p F 2 ri p p a Q $m Y1dr�w2—g��nn2o W�n�W�+ o�� ��oau; °�aFFl7�++^Zar Z 0 2 n iy7 Z w W 4 w❑ 2❑ W z- W p 2 2 LJ w❑ Z-• DI W❑ Z Q en w❑ 3 l7 V F ❑ 3 y~j ❑p �" 2 a ry V 2 e_. Q U Z p U Z� 4 rn ❑ 2 J i rn LJ 2❑ 6 2 a w m W G W- F- Z Q Q 2 Q p� Q 0 2 4 s h W Q o[ ¢ YS W¢ Q Y W 2 u- ❑ y 7 W W W W w W W H e+ w �y W W N W W }l N W Wi J x❑ jQ� `D}`}•. H I,1 7 Z W H W m f- W L!1 Z (% H 5J N i I- w Z �-' W yy S LC D•. 5- WL L.j F- LL Z C W ✓I " a W I'm Ln ~ a W LL W ~ ¢ W W L.I ~ a GW LL W~ ¢ Z_ S `° d O O Q yQ} U v cc 5.7 U O U e °C U 3 U d a ,.i w v�i t�7 1ZJ w '�"' L7 U w 0 2~ 0¢ O 2 m^ 2 0 UJ t Q 2 v ~_= m w 2 2 0 W- x x .. W- x w❑ u7 F Q Q U W LL Q b ..i 1- x-i ❑❑ Gn M m❑❑ F r vt ❑ 0 r h .• d 0 r F- r- A❑ 1- N ct 0 Exp Date'NFOAMA7lON Cu m CI Ja 0 O 4 r E u. c III! I 'if�4+I��M�Fd�F If+ omiL 'hvipoi • lII ReceptionCI: 775661 ascFes-$161 00yean ss Doc Fva0 21 Of 320119 l00 GIRFIELO COUN'Y CO 2f of 2 LEGAL DESCRIPTION 8s r r W F LL 2 W { -Iyj ❑ l_7 W g 0 , 0 Q GC ❑} eri ~ J m¢ u o to r 2 Q x ❑ ?c W O .+. .wu 3❑� �F-3c alg❑EC J Oa LL°_ Y 2❑ iu 0 ❑ w +� O in z ppn F z O j y 0 i- LL 2 2 Q vt ❑ p LL p; 2 4 to c= w N m u 0 ❑ W, w Z i- } L7 W Q ie y Z❑ a T00aIN Q00aiQ uI-a W a < J W LL co ❑ la: ❑ 0 2 en « ❑ ,i- x Q p❑ n Q Z, ~ 40 ❑ w W = Q Oz u ❑ ❑ u p'�" W W u }i - a F .-, i7f C n u °C <D 0 vi '^ Z❑ L] J 1v fn W a a LS x ce 2 a N L. w 0 cc , cc W U _ N . O v, a u. "' u Q LL u U cc; 13a0 n ❑d aa"4 ❑ Q 0 0 r v Ln a- a 2 W ` n v ry a 0 ¢ x a 2 0 L. Z 2 d .-I r 2 r❑ 2 Z" ui W ¢ zr- x 3 M y U. VI w D a T p Q p Zn W ix!¢ C7 a❑ W❑ LW W a❑ m w z u x u a W u v, �' D W o ' g a W 3 r '� ¢ ❑ Q L9 F u ¢ r ❑ ,,, Q I- Z n LA v d in. ` "' z ;,ccIDLL�Ia 2 2 axgp= p❑, } a i w 5 1 LL z d W p cc e at 2 4 4 ❑ OeN LL A a N r en L4 It u 2 r Q Q p a❑ ¢ pC 2 l07 ❑ 0 3 Q 3 2 ❑ 1- N< 3 N LL c n 9 il 0 O LL a a a a v a a Irwin Family Trust, Cant'd. 2 0 0 2 4 8 rq VI W a"c CO CO u w U. w CO lG LINE OF SAID LOT 5 AS FENCED TO A POINT WHENCE THE NW CORNER OF SAID SEC. 6 0 LA W n 2 Z 1L j LL X '- 2 ¢ cc u. a a ❑ x cn w u r F- v w Z L7IL 0 ~ a Q o 2 rrto en LA W Z W W a Z ON LIJ m 2 ¢ W ea W N 4 oN1i o z 0 W 3 2 3 cra 0 u ❑ N a x 2 2 S7 W 0 2 a 4- 0 W u W 41 0 COUNTY ASSESSOR PARCEL 0121810620OO51. V a z 0 en u < 0 0 o I,7 D N w u. 2 2 Z 2 ~ v+ v Z W ❑ 1-co ❑e = q W 1� TTT2 m �L llt N a Z 2 inM VI ' = G] N - F 1re ~ W d x LA 0 LL, W U 2 0 Q cr r..- 0 Z a I-G a 0 LO LO 2 cc n m 2 w Ln F Q I- 1a 7 N= V W 3 71 W a 3 W z 4 x 2 O ¢ •ti ❑ T LL j a co en ❑ e ❑ in ca r W ❑F j 2 vi LL W " u W L. Ln Q, _ ,cy cc cc 0 1 L 3 o 0 t Z as 0. ccoo °au EGRESS 27' 79" E 428.64 FEET TO THE S DITCH, THENCE ALONG SAID DITCH CENTERLINE r W D3 0 v w 0.� 1.7 a u. fel ce u 2 w d m C7 0 THENCE S 87 DEGREES 48' 14" W 120.88 FEET; THENCE N 48 DEGREES 48' 42" W IliirdaliganhIniiiiNrilaWdt1C1101111.i 11111 R.c.pt onll: 775681 09/29/2009 11 59:40 AM Sean Albarkoo + 22 of 32 Reo Fee:S161 L10 DDE Foe 4 04 GARFlELD COUNTY CO LEGAL DESCRIPTION a 10 1 ro r 0 d 0 z W I W li 2 F r LW.J i a o ❑ in F" ~ N W 2 3 2 m Lr7 LN m zLL LO j•pHp W Lei W 1Q n 0 J m m Ln N U zi L. 2 Lo w W.J Q N la z WWNrA 1- It o m 0 .4 3 o z " re a La.m SD..4 ry re L.)�" ❑ re ' , L7 ? en r d J w `" o a a F 3 2 W L/W� VI E.,LA ❑ yJ 2 W N Z Q Lu 0 w w 1.0 x P-❑ p2 rr-, �n cC,w j V = ri w W 0 Li sr F CO C ii, V S' 2 t 3 a Q 0 a U Z rn Z W p L4 ¢ 2 0o S 3 n 2 2 2 ..i 1-P� .i u ❑ W U' W 2 z m 2 w w w 1 2 .~i111/1AW 2sZ .i so W W 0 ❑ 0 .-I p LL U a U WNSHIP 6 SOUTH. RANGE 91 WEST. 6TH P.M. ORION ENERGY PARTNERS LP 11/3/2011 Entry 772964 0 u Z O µLn a w O ,iIll n w CO IA 0 -.i Lire IA 2 w Z LW F Ow Z NI DO ❑ o LJ Z O Q a W 2 Q M W " n�'' LI L` ❑ 0❑ m 2 0 r a 2 1- rru 2 o O a in 2❑ 2 ii p wse rc _ p - ry V W G J W W. Z J L. y W_ Z L/1 d Lwii Q C Lit W¢ Cr W J� Q OC 0 = ❑CC U.1 LU to CC x❑ J❑ u x 1� L� F Q W,0 W V Q z d W U Q X Fe 2 00 W 1- a `Y z 3 0 LJUJ Q a 3 W d O w W '" u❑i 0 L4 re 2 u ,/1 F LL' <D _= LLi v Ln x= W W❑ ¢ W W VI Y! pp ❑ F F -q L!1 ❑ - rI LA Z 0 x u7 Lr x �,_, C7 p Lu 2 w l7 O LJ 2 0 7 6 E 2 zi w❑ u 0❑ 2- u 0 2 2 x❑ 2 rr 2❑ P re x w F a i a N F a2 a n F a a M a L4 cWC w Z= 4 cc C M W c C 1- W Y. w 3❑❑x3rw=¢+,+LLxx ew cc=aLJwxsa �xQWaa��a3`2LI- �,"mooLL'ia 1.61 ❑o3 w ❑ w w r La 2 A �^ 2 L^ p F 2 n n'' ❑ w 2 .xi °C p W G 2 F LJ u'+ "1 Z O ta w 2 ~ LLi w 2 L. h- w Z 2 1 W rn 2 Ln J Z l7 - V T❑ U' - V= fl L7 tal U x 11 L3 0 N W 2 %• 2 Z W 2 a = Lwµ^ 2 �F a c¢ N 1-- ¢ a 4 2 a Z d i, x Q x w$ 2 a J y a ..J li w F a 2 LL uwJ U¢�j d µ W U a W Lei La r i'n w 3 L1 "' a w oC H 7 W = t 7 v ~ C J Q ni W W W❑ W iJ p L? 0 W U M 2❑ L.. W F2w2 wZ INRIZ~I-rsp❑jz W rn"Z"LO ❑ ti N 2 L.7 cc D D Z w z=❑ U ,++ N= O 47 4+ T fl Z 5 t W N Op 2¢ ry V Z 2 O Q V z O U 2 Z Q ❑ i w Cr LwL se W M W W W¢ ,n Z LCLJ ¢ p Z Q¢ ♦- LL ❑ a ti ;; u2 O? w L�rL H Q Z w¢ W w x Q 2 U. U❑❑¢aua czirvo =3um�X?00a, O .0 - W A L] F 0 ild 4] F W W ', �J W W L!1 a O¢ O a �tl LJi F L. 6 Ll F m A F Lei ❑❑ w k- d 1 3 2 2 2 ¢ a l7 a m M Zei W cc 2 CC 1- 2 u 2 0 ¢ w w Lf1 0 u .-. era w c O u, 2 L2J 2 x 2 a W N N N ❑ w ❑ 2 u 2 r 1- x Ll 1- 0 2 0 Z a F < u � W 6 1. v W CC C7 ❑ 00 2 Z F Ll 1^ a 0 2 i a 2 LU a 2 0 2 1 z W V RH te1r taiinbuiviecuerwhivi 11 ii i RQceptionrl: 775861 09/2B12009 11.59 40 AM ,lean 1tbrr3co 22 01 32 Rot Fen:5151 PO Tao Foe 0 44 GAR1ELD COtINT1 CO LEGAL DESCRIPTION W taa )- i- W J u'� LD 0 ° CO LA I'LLJZO y z❑ .- V u d Wo E. 0 I Q 0 N❑❑ w v w= l7 c7 a X. Z r W Li.' "' a °❑ li m p s earl LU LA 1., Q a Si W❑ W = r Z n C* a S 7C ❑ uwa T ry 1w '^ = ❑ C C x Z W U. a ~ 7Q7 Q a, VI 1.- 7 SC ❑ Q.2 0 r. r ❑ µ H 4y 2 a U Q e^I w Q LL W❑ O C Z W- z❑❑ Z a W el LI, Lai V. i.7 1- 1� Z C h u rD (.] ❑ Q uJ V O r ❑❑ n J a Q r++ 2 i Z y a in ❑ u'1 W W F- W a F 0 W W w Z W W N N Q$ Q "' er 2 yl j O Z W } 2 2 7 ni 2 `i 2 n a❑IA Z l- ' ono p a 2 e"'c ¢ I- V r Q? s Z a m O N 0❑ p N p q 1 a 3 p 0+ oNp O w O _ , S w r'"1 4 }°y Q o❑ zZ a p W ❑ LL a aCl ❑ .,� n Z h' rA O I'- u r''' H F Vt W Q J ce W W ❑ W = w n VIs Z Q n D Q w U W Z Z v a C La N w wo Q 0 Ln Z try c4 w W w 1 '� Q F V! CC fy F 2 >Z' ❑ Z 2 [,7 Q X r� �.�. ¢ vt p 7 n.'O r.t LL �' 43 Q vi 2 Z O tv 2 1-0U Z W 3 W A❑ Z a 0 U r ni w¢ a U Z Ci Q ❑a vai 3 w r.~, a n U z H W W 4 2 0 Q W 0 c, - T '� . vwi W ❑ w Q LL 0, F rL ( rn Z a LL 0 III -.Id r�7�=3ao❑ Da�¢a wo^wr2��❑ ❑ z^ H Q p Q U. j ¢ ID ❑ F 1n a p- a l7 $ cc a �' e. = O iD Q N O d W 0 w a Kj W q } Q p Z 2 2 m W❑ ...I ry 0 a ^ Z Y ry c Q rl F O Z W Z Z d r.i F C J w 7} Z Q❑ 7 w W W J? ry w I-' yy1- lu.//s.}}4 w W W Z 7 F Z F Q F^ m 0 3-ir, _ lw� a a p �" y, W 1.] = T M re 2 Y L W❑ W 7 a 00 Z rn Z KI N Q W 2 a W V C=❑ a W W a �' R' y„j x❑ F W 0 W IV w < ti F-- 6 `ILA 5z3�x3Q0❑1-u a0LL 3Ta op^z ;� = N. ❑ w Q rM r 1a Q ❑ Q L7 �' Oe a „~ ,,, a ,, fl m La LU 2 w u z az z 0= sw y p 0 2 'W W Q Q W r H ¢ ^ W 4 ❑ w❑ r L7 rl C U' ''` W W Q Z S Q W El' W w 0LLJ 0 p 1` 1+ ✓_ 4 Arrl Z Z ❑ OC P ¢_ Z z of W LL W w Z a} v. LL 0 O ry 1- C' x .ti TA i w yaj ff y.1 Z J CC C w w Z m 0_, N LL w W 4W '-' N W Z' C I.. - re ma~ a 0 W W p U., tw y p p U❑ y m lJ `� 2 N w u 0 a awc X. Z r M q 4 a Q W a a LL 0 s op s dd M V w 4 7 ❑ L7 _O O �+ Q w Z❑ a v, Ur 3 w w a y n [7 uZ.l ❑ e+ W I- = ca3 ❑ "' ❑ YY ❑ .'- W ❑ 2 1- w ra. w a n ❑ Q I- _ v1 ❑ v�i w 0 cc ❑ 1a a ¢ a b a ❑ ❑ 3 m = rmv O roil James R. Becker, Cant'd. 2 0 8 x° PARCELN218106200051 • IM I'r♦ MreilI 4GIMPArJatwill Orill11141"111111 Reeeption1: 775561 0972812PC' 11 59•40 ar Jean a 113er.Ec 24 pF 32 Rao Fes! $161 In. Dpc 'es. OC G04F[cLD G9,J1.11r r.(• LEGAL DESCRIPTION NORTH LOGAN WASH PROSPECT LEGAL DESCRIPTION 0 0 N N N w W J J 2 O 0 Z T7S. R97W. 6TH P.M. ORION ENERGY PARTNERS LP SAVAGE LIMITED PARTNERSHIP I 9/3/2013 Entry 764207 PARCEL A: BEGINNING AT THE NORTH QUARTER CORNER OF SEC. 8: THENCE WEST 660 FELT TO A POINT; z 0 Q ❑ W O z Z z 1- THENCE SOUTH 40 DEGREES 43' FAST 26.94 FEET w ro Q1 0 trl L2 x 2 v 2 . u a O F ▪ ❑ THENCE SOUTH 18 DEGREES 21' EAST 137.2 FEET (CONTAINING APPROXIMATELY 19.10ACRES) PARCEL B. BEGINNING AT THE NORTHWEST CORNER OF THE NF/4NW/4 OF SFC. 8: THENCF SOUTH 442.9 FEET TO A POINT; THENCE NORTH 67 DEGREES 32' EAST 89-33 FEET TO A POINT; THENCE NORTH 18 DEGREES 26' EAST 418.4 FEET v` N 7 a c V 0 141 LaJ 0 1- LL n rri ✓ l ✓ 2 a_ LW..? Q W 0 . 1III rrIoripm, or,'it44hidi1ih'loiIli IN Recepklord* : 778681 09/28/2009 1I.59.40 AT! Jean Alger leo 25 of 32 Rec. Fee:$1fi1 00 Ono Fee 0 00 GARFIEL0 COUNTY CO ❑XY USA WTP LP cc z z a w 0 o 0 a o z REVOCABLE TRUST THENCE SOUTH 40 DEGREES 43' EAST 26.94 FEET z z z w r t ,�, w W LW W L. W W m L Li Tt', - u. .r c., ❑ W r rn m '.0 F 4 m .m-, oo 1 F rn a Q I~n ✓i iJ-} L.! W� 4 W W Q 3 aD F d; O ~ W m ❑ ry Fria V1 F ...1 a I- 1- La W N w W W Q W W W W W - W CC 0: � CC CC W 1.. _ WW 0 u+ W LL SD 0 x O C W ❑ ❑ p m❑ p rV rV a V CO M Pr .-I y�j ~ pa, 2 z z x 2 z Q ~ Nzo zD o z ozoz z x u,z z Q w❑ w❑ u. Q 1H _ +, ❑ W W Q O.0 0. U CU a. U s U a H Q w Q a Q W Q w Q W a Lad LL1 0 0 z b 1 2 F a 1 a F 2 F F u 13 PARCEL 8: BEGINNING AT THE NORTHWEST W 1I W W W ti I» a in m C15W m v m u 00 a a an r N N Cl. V Q Q < .rd ea w w LW2 .., Lei ❑ L.,L.,,_ W -. W L.~ a 2 LL l7 C7 µ }C ly W ❑ ry a C. I• Z41n n• a "' zX.2 ^ 4 7 `c cc tn. 0 a Z Z z Z 3 a 0 w ..j p w❑ W G Z Z Z 0. Z a a z Q Q 0 z Z. ❑ _ ❑ = u u 4- F- r 4- I•- 1— T75. R97W. 6TH P.M. ORION ENERGY PARTNERS LP 9/3/2013 Entry 756853 m Cr a v a a 4- cc )-LLk CC 4' Erilerzionoriumxpie torwcvelogioN ul01 Recept ionfl : 775661 D9,28+2009 11•59•40 FM Jean Alberico 26 of 32 Roc Fee:S16.1 00 Doc Fee 0.00 GARFIELD GOVNTY CO LEGAL DESCRIPTION W LLI J R97W. 6TH P.M. N ORION ENERGY PARTNERS LP DANIEL W STROOCK 9/3/2D13 Entry 756852 8 LO 0 RESURVEY TRACT 48 RESURVEY TRACT 49 T75, R97W, 6TH P.M. ORION ENERGY PARTNERS LP SUE VAN DE ROVFNKAMP 9/3/2013 Entry 760343 40 en a 4 ✓ r W W CC CC. N_ INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLIO CONTEX ENERGY COMPANY T7S. R97W. 6TH P.M. AND SEPARATE PROPERTY 2 0 2 V O 2 ❑ W m Lu CO INSOFAR AND ONLY INSOFAR AS IT PERTAINS TO THE FOLLOWING LAND: CONTEX ENERGY COMPANY THOMAS ETCHEVERRY, A MARRIED T75. R97W, 6TH F.M. Z z 2 a 3 to 0 ❑ V -Io 0 v w 2 2 ,— f- 0 0 3 0. 0 co ▪ ¢ a re 0 ▪ �o GL. eh ea ry v p Ln ❑ La! 2 ▪ f V v • Z Z Q a- f ¢ u. ce 2 W D ❑ a4 Q 2 Lel 0 r • W LLA V1 W ~ Q CC > N c0 a1 p Q W W W NJ 2 CC J1 N N r a 0 r r CONTEX ENERGY COMPANY n N n Ln � v 1.n, N LD 'Y m cup DC W CL r O 0 CO N N N m m g S 4— m n m w Q1 4 W W p C] O rr `8 0 0 . ti .+ - 2 0 4- i 0 2 a a L..L Tr 0 u 2 4- CO W CO Y 0 ❑ m 8 0 w V x 2 a: ri 0 a 4- a F s• 1111 r WIYIZECCIAThF14liki 11111 Rec.ption#: 775561 09/2e/2009 11:59 40 RM Jean alberico 27 or 32 Roc Fee $151 00 Doc Fee.0 00 GAR'TELC :OUNir CO EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE ASSIGNMENT, BILL OF SALE AND CONVEYANCE OF ASSETS DATED SEPTEMBER 22, 2009, AND EFFECTIVE AS OF APRIL 1, 2009, BETWEEN ORION ENERGY PARTNERS L.P., AS SELLER AND WILLIAMS PRODUCTION RMT COMPANY, AS BUYER 'Welll9ame.. Hilton 36-21D Hilton 23-01 Jolley 01-08 Jolley 08-213D Jolley 08-215D Jolley 08-313D Jolley 08.315D Jolley 16-23D Jolley 16-24D Jolley 16-16D Jolley 16.17D Hilton 16-36D Hilton 16-37D Hilton 16-312D Jolley 16-01 Jolley 16-040 Jolley 16-12 Jolley 17-06 Jolley 17-25D Jolley 17-26D Kokopelli Fed 17-14D Kokopelli Fed 17-16D Kokopelii Fed 17-24D Kokopelli Fed 17-15D Jolley 17-06R Jolley 17-010 Jolley 17-02D Jolley 17.03D Jolley 17-04D Jolley 17-15 Jolley 17-3130 Jolley 17-3150 Jolley 17-3160 Jolley-NewCastle 17-07 Jolley 01 Kokopelli Fed 18-213D Kokopelli Fed 18.215D kokopelli Fed 18-3130 Kokopelli Fed 18-3150 Jolley 21-02D Jolley 21-03D Jolley 21-210D Jolley 21-211D Jolley 21-2120 Jolley 21-390 Jolley 21-310D Jolley 21-3110 Jolley 21-312D Jolley 21-29D NLW Conn Creek 08-21D NLW Cann Creek 17-21D Well Pad DOW 25-01 Pad Hilton 23-01 Pad Jolley 08-02 Pad Jolley 08-02 Pad Jolley 08-02 Pad Jolley 08-02 Pad Jolley 08-02 Pad Jolley 16-01 Pad Jolley 16-01 Pad Jolley 16-01 Pad Jolley 16-01 Pad Jolley 16-01 Pad Jolley 16-01 Pad Jolley 16-02 Pad Jolley 16-02 Pad Jolley 16-02 Pad Jolley 16-04 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-02 Pad Jolley 17-03 Pad Jolley 17-03 Pad Jolley 17-03 Pad Jolley 17-03 Pad Jolley 17-04 Pad Jolley 17-04 Pad Jolley 17-04 Pad Jolley 17-04 Pad Jolley 17-05 Pad Jolley 17-05 Pad Jolley 18-03 Pad Jolley 18-03 Pad Jolley 18-03 Pad Jolley 18-03 Pad Jolley 21-01 Pad Jolley 21-01 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad Jolley 21-02 Pad NLW 08-01 Pad NLW 17-01 Pad APICode 050451844900 050451611100 050450635500 050451603200 050451603300 050451603500 050451603400 050451733800 050451733900 050451734400 050451586400 050451734000 050451734100 050451600500 050451457600 050451457500 050450742200 050450742300 050451726500 050451725600 050451767500 050451767400 050451767600 050451767300 050451785400 050451327600 050451371300 050451371200 050451327500 050450743500 050451585200 050451586100 050451635600 050450671800 050450639700 050451626400 050451626600 050451625500 050451626700 050451457400 050451457700 050451792000 050451791700 050451791900 050451792200 050451792100 050451783700 050451792300 050451791800 050451683500 050451583400 Page 1 of 1 Qtr1 NW 5E 5£ SE SE SE SE SW 5W 5W 5W 5W SW 5E SE SE NW 5E SE 5E SE SE SE SE SE NE NE NE NE 5W 5W 5W SW SW 5W 5W 5W SW SW SE SE NW SE 5E SE SE SE SE SE NW NE Qtr2 5W SW SW 5W SW 5W 5W NW NW NW NW NW NW SW SW 5W 5W NW NW NW NW NW NW NW NW 5W SW 5W SW SE SE SE SE NE NE 5E SE SE SE NW NW SE NW NW NW NW NW NW NW NE NW Sec 25 23 08 08 08 08 08 16 16 16 16 16 16 16 16 16 16 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 18 18 18 18 21 21 21 21 21 21 21 21 21 21 08 17 Twnshp 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 D65 065 065 065 065 065 065 065 065 065 065 065 065 065 065 065 06S 065 065 065 065 055 065 065 06S 075 075 Rng 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 91W 97W 97W County Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield. CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CC Garfield, CC Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CC Garfield, CC Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO Garfield, CO IIIritoongiermimierworlimi 11111 Reeapt.ianu: 775661 28r2t7Fa. 4S�GAI 00yean Doc Fee•i CID 000 GPRFIEL0 rp„NTr 28 of 32 Rec EXHIBIT "C" ATTACHED TO AND MADE A PART OF THE ASSIGNMENT, BILL OF SALE AND CONVEYANCE OF ASSETS DATED SEPTEMBER 22, 2009, AND EFFECTIVE AS OF APRIL 1, 2009, BETWEEN ORLON ENERGY PARTNERS L.P., AS SELLER AND WILLIAMS PRODUCTION RMT COMPANY, AS BUYER MATERIAL CONTRACTS LIST KOKOPELLI PROSPECT ORLON NUMBER DOCUMENT - PARTIES DATE Operating Agreements 1 Purchase and Sale Agreements 61 Gibson Gutch Prospect AMI (Orion's Kokovelli area) 1/22/2007 Samuel Gary, Jr. and Orion Energy Partners LP 98 Joint Operating Agreement 1/1/2007 Samuel Gary, Ir. and Orion Energy Partners LP 140 Joint Operating Agreement 12/3/2008 Bill Barrett Corporation, Orion Energy Partners and Samuel Garylr. & Associates, as amended 141 Earning Agreement 1/1/2009 Torch Energy Associates, Ltd and Orion Energy Partners L P Gas and Crude Oil Contracts 55 Gas Gathering Agreement 11/7/2006 EnCana Oil and Gas (USA) inc.and Orion Energy Parters L.P. 89 First Amended and Restated Gas Gathering Agreement 11/1/2007 EnCana Oil and Gas {USA} Inc.and Orion Energy Parters L.P 91 Nexen Crude Oil Purchase Contract 11/1/2007 Hexer" Marketing USA and Orion Energy Partners 119 Base Contract for Sate and Purchase of Natural Gas 1/1/2008 EnCana Marketing (USA) inc.and Orion Energy Partners 123 Interuptable Gas Gathering Agreement 9/1/2008 Samuel Garylr. & Associates and Orion Energy Partners, as amended. 146 Agreement for Pipeline Construction and Gas Gathering 7/9/2009 Arrangements Bill Barrett Corporation, Orion energy Partners LP., Ratified by Samuel Gary Jr & Associates Surface Use Agreements arerillIghts of Wav 52 Surface Use Agreement 11/10/2006 Kent Jolley, et al and Orion Energy Partners 88 Pipeline Right of Way 7/24/2001 BLM a COC-71121 & COC-711214 90 Affidavit of Pipeline Right -of -Way Agreements 1/1/2008 Various Orion Gas Pipeline Easements 101 Surface Use Agreement and Grant of Easements 11/28/2007 Kent Jolley, et al and Orion Energy Partners 109 Completion Pit Agreement 3/23/2009 Kent Jolley, et al / Orion Energy Partners Page 1 of 4 1111 Ira 111111iiiiPillifAMINF.1411WVINIFIL 1114 1111 Ree.ption#: 775661 09r28I200S 11:59 40 RM Jean Rlbersao 2e of 32 Roc Feu 5151.00 7oc Fee 0 00 GARFIELD COUNTY CO Exhibit "C" toned. ORION NUMBER DOCUMENT -PARTIES DATE 111 Road Right of Way 12/12/2008 BLM p COC-73130 112 Easement Agreement (Road access) 7/13/1982 Richard Jokey et al and Donald Goldman 114 Surface Use Agreement - Hlltars 023.1 drill pad 1/16/2008 Colorado Dept. Of Wildlife to Orion Energy Partners 115 Water Pipeline Easement 12/1/2008 IACE and Richard and Mary Tolley Family, ILLP to (Pion Energy Partners 137 Completion Pit Agreement 2/9/2009 Kent Jolley et al and Orion Energy Partners 147 Salt Water Disposal Well Agreement for the Kokopelll SWD 7/21/2009 09-21D well Richard and Mary Jolley Family LIP and Orlon Energy Partners L.P. 148 Environmental Assessment of the Kokopelli Master 7/22/2009 Development Plan For Oil and Gas Development 8LM and Orion Enbergy Partners L.P 149 Surface Use Agreement 5/19/2009 The Colorado Division of Wildlife and Orion Energy Partners L.P. CommunItllation Agreements 72 Communrdzatlon Agreement 11/23/1992 COC-57768 117 Communstization Agreement 1/9/2009 COC-073368 118 Communitization Agreement 1/9/2009 COC-073369 Miscellaneous Aereement~z 92 Conventional Monitoring Agreement 11/1S/2007 110 Road use Agreement - Bil! Barrett Corporation 8/20/2008 120 Gas Transportation Fee 1/28/2007 124 Water Allotment Contract 11/20/20D8 West Divide Water Conservancy District and Orion Energy Partners Page 2of4 •1111 1 imilm 4J1N1NCH111411111 Roceptsonti: 775651 09r29r2e0e t}: 59 9fl AM Jean R1herlco 30 or 32 Rec Fee Et61.B0 Doc Fee•0 CO GPRFIELC COUNTY CO inhibit "C" cont'd. NORTH LOGAN WASH ORION NUMBER fOCUMENT - PARTIES DATE Operating Agreements 1 Purchase and Safe Agreements 100 Farmout Agreement t nCana Oil & Gas IUSA) Inc. and Onon Energy Partners L.P. 116 Farmout Agreement Williams Production RMT Company and Orion Energy Partners TBD Farmout Agreement Yates Petroleum Corporatsan, Myco Industries, Inc„ Abo Petroleum Corporation, Yates Drilling Company and Onon Energy Partners L.P. Gas and Crude Oil Contracts 105 Services Agreement Enterprise Gas Gathering, LLC and Orron Energy Partners L.P. 128 Base Contract for Sale and Purchase of Natural Gas Enterprise Products operating [LC and Orion Energy Partners $vrface Use Agreements and Rights of Way 102 Surtase Use Agreement Joan L. Savage et al and Orion Energy Partners L.P 103 Surface Use Agreement loan L. Savage et al and Orion Energy Partners L.P. 104 Surface Use Agreement George M. Anderson Revocable Trust and Orion Energy 129 Right ❑t Way Grant COC-73322 KM and Orion Energy Partners Page 30i4 5/14/2008 9/5/2008 5/28/2009 11/19/2008 3/1/2009 7/14/2008 7/14/2008 7/14/2008 1/6/2009 ritilliinVOWMPAIONVIrrifig 11111 Recepplieng: 775651 Ogl2g+26m9 11 59.40 An Jean nlberica 3% of 32 Rae Fee St61 00 Ooc Few 0 00 GARFIELD COUNTY CO Exhibit "E" coned. CENTER MOUNTAIN PROSPECT ORION NUMBER DOCUMENT - PARTIES DATE °aerating Agreements j Purchase and Sale Agreements Agreement For Term Assignment 2/24/2009 OXY LISA Inc. and Orion Energy Partners L.P. Gas and Crude Oil Contracts Gas Gathering Agreement Canyon Gas Resources, LLC and Laramie Energy, LLC 9/1/2005 • umroariiiimi * x1inifCWc dr lk' 11111 Reeeption0; 77566t 08/29/2009 11.59.40 AM Jeer Alberico 32 of 32 Rec Fee $151 00 Doc Fee-0 00 GARFIELD COUNTY CO EXHIBIT "D" ATTACHED TO AND MACE A PART OF THE ASSIGNMENT, BILL OF SALE AND CONVEYANCE OF ASSETS, DATED SEPTEMBER 22, 2009, AND EFFECTIVE AS OF APRIL 1, 2009, BETWEEN ORION ENERGY PARTNERS L.P., AS SELLER AND WILLIAMS PRODUCTION RMT COMPANY, AS BUYER 1. +/- 4,240' 8-5/8" 32# J-55 Surface Casing TEP Rocky Mountain LLC April 2020 Title Information The booster compressor will be installed on the existing Williams Kokopelli pipeline interconnect site that is located in the SE%SE% of Section 20, Township 6 South, Range 91 West, 6th P.M. The booster compressor will be used to enhance natural gas production upstream of the Williams Kokopelli pipeline interconnect. The construction and use of this booster station on the existing Williams Kokopelli pipeline interconnect site will not interfere with any other operator operations on the 2181-172-00-086 parcel located in Garfield County Colorado. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review M OIL AND GAS LLASC. 'ee niXt.xYcitr Paid ;air i. "3C1 I 'OP r 1111S AGfWEMENT. made Ibis l %(II _ day o1 .January , 1990 , between liichar_d_G._Jolley .�nud. _lacy'_ Louise✓Jullcy_r._Iins kutd�iutL._ wiLe• Altel. L.1, _.leilley_._a_siugle_U� ti;n( I Lessor _ .etl.ev/l o(it-motet, dale_1- _,1.u11cy„ iusbaud_and_milss _121i11,_l�oad 24.._.Ncw _CasLlt� �ulol a sZ,! (Z K_i Riley _01 I (:ompauy ,-_1'.S)_._J.ux U8Li., nett vc'r , Colorado 80201 Lesson, WI LNESSE I II: I. Lessor, In conslderalion of 'I'en and inert Dullms, WO^O i' Iinnd pnid, II to receipt and sufficiency of wlllcll Is hereby ncknowledgod, of Die royNlios herein provided. and of Um agreement of Lesson heroin col Mimi I irreby grants. leases and lots exclusively unto Lessee for Um purpose of Invoslignling, exploit'ig, prospecting, drilling and mirting for and (Hods icing oil nod gas (including, but not limited to, gas producible from coal- bearing formations) and all substances produced in association (herewith, laying pipe lions, burl( ling tanks. power stations. telephone linos, toners and other structures Ihereon to produce. save. lake core of, heal. transport mid own snld products. and housing ila employees. Ilin lollowing described land (hereinnftor called "said land'), in r_ 1 , 1 County, Colorado to wit Tic-' �%%% / , ' r 1 j ieT '1'UWNSIli 1' 6 SOU'1'1I-RANG(? 91 WEST, 6'1'1I P.M. See Exli ilt.i " atftac e torero and tirade a part hereof Sec t i on 7: 1;1SE1 ,�✓ } 1 j 1 l 1 1 i3� • RX.W' 3) ACT Section o: 1.,1;,, W�SW�, S1;�S(v;, SW,SI',� I e Lcrms aulr otitiot s of this lease are subject Lo Section 9: WIW? SRt1tSW,1 that. Side l.ette Agreement of jven dale Section 16: NNWI,ISW�NW},1N?SW4,4S1:?�W41 Fivcordod�t o'c�cc;; I '� �1AR 3p i9sn Section 17: SW4N1}4 f S�;;,NW4, I;SW} , lJS1?i ,�11135 �' Sect ion 20: NINE!, SI?,,N1?,, , NE NW4 f 1;2S1:t ,Fic�ception No. M;L-',=r; ::..) i,LSwRF, RECORDER Section 21: NW!NI?I, NI;4NW1, W1SW GARFIELD COUNTY, COLORADO of Section _ __XxYX Township __ Xgx Range xxxx hi addition to said land, Lessor hereby gr as leases and leis exclusively unto Lessee to U to same extent as it specilically described I rerein all lands owned by or claimed by Lessor which ore n'Jjacent, contiguous to or form a part of sold land. including all oil, gas, other hydrocarbons and all outer minerals underlying lakes, rivers, streams, roads, easements nod rights-of-wny which traverse or ndjoln any of sold land. Said land shall bo deemed to contain 148O.00 _ _acres, wlrether it nclually comprises mono or loss. 2. Without roleo's roe toll ieconnnencernont. prosecution or cessation nt any time of drilling or other development operations. and/or to the discovery devel- opulentorcessation alarty time ofproduction of oil or gas viziwilltoutfurtherpaymentsthantheroyaltiesheroinprovided,andnotwithstandinganythingelseIterein contained tothocontrary, this lease shall hefor aterm of kvArAftxkiromllits date (called rnlMAf1Y1EI1M")arid aslong the ape as oil or gas is prod cedl in said land or land with which said land is pooled heroundor, or dolling or reworking operations arey cued tlq qn,) r C,� jyy���� ��(%�c,�'t 'r(3)years f�3� 3. 1l to royalties to tin paid by Lessee are: (a) on oil and other liquid hydrocarbons, ono -ei t of tha pr od and snvod from said land, the Game to be delivered at Ihe wells. or to Iho credit of Lessor into tire pipe lion to which the wells may be connected: Lessee may from Irmo to time purchase nay royalty oil in its possession. pay'''. I the market price therefor pi availing lor the field where produced on the date o1 purchase: (b) on gas and tile constituents thereof produced from said land and son l or used oil the premises or In tile ninnulacluro of gasolio to or other products therefrom, the market value al tire well of ono -olgl ilh of the product so sold or used. provided lhal on product soft) al the welts the royally shall be ono- eighth of II o amount realized born such sale. Lessee shall have hoe use of oil, gas, and water loom said land, except wafer born Lessor's wells, streams. lakes and ponds, for nil operations hereunder, and the royalty on oil and gas shrill be computed niter deducting any so used. 4. If a well capable of producing gas and/or oil, in paying quantities is locnted on said land and Is shut -In, before production commences. or at any time thereafter, this lease shall cot ilinue in °fleet for a periodon one year from the date such well Is shut -In. Lesseemaythereafter,pay ortender totessorasroyally, onor belorooneyear from thodato such well is shut in, nil amount of $ 100.00 per well. poryear, and, ilsuch payment or tender Is made, suchwell shell continue tills lease In effect for a further period of one year. In like °tanner and upon like payments or tenders annually made on or before each nnnivorsnry of the shut -In date of such well, such well shall continue this lease in ollect for successive periods of twelve (12) months each. Notwithstanding any other provision to the contrary, thls lease sl tall not terminate because of a failure to properly or timely mike shut •in well payments unless Lessor shall have given Lessee written notice of such failure to properly or timely stake such shut Inwell pnymenl and Lessen shall have failed for a period of Ihloty (30) days after receipt of such notice to lender sucli payment In the proper amount, together with n lain or Improper payment pmlally of $100.00. 5. II at the expiintion of Ilin primary tern Lessen is conducting operations lor drilling or reworking on said land or shall hnvo completed a dry hole thereon within ono !toothed eighty (180) days prior to Ilin end of the primary tern. or, i1. rifler Ilia expiration of Il to primary tnrrn, production on said kind sltall tense, from arty cause, this leasoneventl ieless sl tall col thou a in lull force so long as operations for drilling or reworking on any existing or succeeding well are being conducted with no cessation of morn than or hundred eighty (100) consecutive days and. if such operations result in production, so long thereaftor as oil or gas is produced from said land. G. I.essOO, al its option. is hereby given the right and power to pool or combine said land, or any portion Uioreof, as to oil and gas, or etihor of U tent, with any outer land, lease or lenses wl ten in Lessee's Judgment ills necessary or advisable to do so in order to properly develop and operate said land. such pooling to be into a well unit or units not exceeding min I u inched and sixty (I GO) acres, plus nit ncrengo tolerarnce of ten percent (10%) ()lone hunched and sixty (1 GO) acres. lor oil, and not exceedir ig six I uinch nil aril !Orly (640) acres. plus nn acreage totem, ice of len percent (10%) of six hundred and forty (640) notes for gas, except Utat larger units only ho created to contemn to any spacing or well unit patlorr That may bo permitted by governmental authorities having jwlsuinlion. Lessee may pool or combs to said land, or any portion theonol,n aboveprovir.feel.nstooilorgasinartyonnornlorestrata.andunitssoformedneednotconforminsizeorurenwiththeunitorunits h110 wlticli said la; of I^ pooled or contained as to arty other stratunn or strata, and oil units need not conform ns to area wills gas units. 1he pooling In one or stole Instances stall not ex! lam? lter it its of IIieI o'iuoheroundortopool said landorportionstiteneofinto other units. Lessee strati execute In writing noel place ofrecord no hishutmenl or inshmoor its him itilyinc) aril describing the pooled acreage.. f he entire acreage so pooled into a unit shall bo treated for all purposes, except Iho naynnenl of royaltios. a'; tl it were inch riled in tills tense, and dr filling or reworking operations tin -seen or production of oil or gas U terefront, or the location thereon of a well ns a shut In well. sl tall he consirlelea for all purposes except II o payment of royalties. as it such oponnlions wore on or such production worn from or such shut in wolf were on said Innd, whether or nut Ills well or wolfs bo !nulled on said (.and. In lints of the royalties olsowhnto heroin specified, Lessor shall receive horn n taut no formed. only st ich I mr Zion o1 II IQ royally stipulated I rereir r as tl fie amount of acreage from said hotel placed In !Ito unit or Lessor's royalty Interest tl tannin bears to the total ru lragn so pooled In Ills particular unit Involved. Should any unit ns originally crealed hereunder contain loss than the mnxinvrrn number of acres her ehtal 0vn spncified.thnn I nssno may al any tin to tiler eaflor, whether before or rifler production is obtnlned on the unit. enlarge such unit by adding nddilional netting's 11 intel°, but II n PI lnrdnrl unit shall in no avant exceed Ihe act tinge control herein:tbove specified. In the event an existing unit is so or largnd Lesson shall exoculn and place of record a snitlilemrnlal rfeclaralion of unilization Her tidying and describing lite land added to the existing unit: provided. II at if such supple- mental declaration of unilization is not tiled until tiller production Is oblained on the unit as or iginally created, then and in such event the supplemental declaration of unitiznllnnshallnot become elluctive unlit Iho first day of the calendar month next following II to tiling thereof. In the absence of production Lessee may terminate any unitized nnen by lapin of record notice of termination. 7. Lessen (lino shall have II in rirfht to unitize, pool, or combine all or any part o1 said land with other (ands 1n Ihe same general area by onteiiig Into a cooperative or unit plan of devoloponent or operation approved by any govertunental null gorily nod. from limo to limo. will liko approval, to it todify. cltango or terninnto any such plan or ngneerlrort and, in such event. Ilio terms. conditions, and provisions of Ibis Ions° shalt ho demand modified to conform to the tams, conditions, and provi- sions of such nppoovnd cooper alive or Omit plan of development or operation nod, particularly. nil (trilling and development requirements of this tense. express or Implied, shall tin salislied by compliance with II to drilling and development requirements of such phut or ngnoenlent, and this lease shell not terminate or expire during the life of such plan or agreement. In Iho event that said land or any part ther Col, shall herenllor be operated under any such cooperative or unit plan of development or operations whereby !Ito production Iheroliom is allocated to sllllerent poltionsol the land covered by sold plan, !lien the production allocntesi to any pal ticulnr tract of land sl tall, for Iho 'sir/pose of computing the royalties to be pall I tnreunder to Lessor, bo r ogre sled ash/wing been produced frorn lito pnrlicular trnct of land to which ills nllocated and not to any other tract of land: and the royally payments to ho made I toreundor to Lessor shall be based upon productlononly ns so nllocntnd. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental ngency by executing the same upon request of Lessee. 8. Lesson shalt have Iho rigid at any time will tout Lessor's consent to surrender nil or any portion of said land and bo relieved of allohligation as to the acreage surrendered. Lessee strati I'nve 11io right within a rensonnble time after 11 to expiration of this lease to remove n11 property and fixtures placed by Lessee on said laid, Including the right to draw and remove all casing. When required by Lessor, Lessee will bury all pipe lines below ordinary plow depth, and no well shall be drilled /Albin two Itunotood (200) feet of any rosidonco or barn now on said hind without Lessor's consent. The Lessee ngrens to promptly pay to the owner Utoreol any famagos to crops, or improvements. caused by or resulting from any operations of Lessee. 9. 1 he rights of Dither par ly hereunder may be assigned. In whole or In part, and the provisions I toreol shall extend to the hoirs, successors and assigns of the 'adios hereto, but no change or division of ownol ship of said land, or royalties, howovoraccornplished, shall operate to enlarge the obligations or diminish therights if Lossoe. No change in lhn ownership of said land, or any Interest therein, shall bo binding on Lessee until Lessee shall be furnished wit) a Certified copy of all ocorded instruments, all court proceedings and all oilier necessary evidence of any transfer, inheritance, or sale of said rights. In case Lessee assigns this lease. In vhole or in part, Lessee sltall be relieved of all obligations with respect to the assigned portion or portions arising subsequent to the dale of assignment, 'cm 1711 Der•ee No'1uc-n AS, rM Year Perd Pp t tiara) NMlern Foams Only 10. I risen onlhot bn noble for 14 nnch hnt rt. ex, rt ass or bnl dl:mtl, nor stint! II ti11 nnsn be .1. I loitui o for bn r end 1 of codition. r Or :.e el . t i at: be terminated by °per Blinn of nny limitation pr or oin ns n result of Lessee's lailut a to put sun I lions on rn to produce oil or gas fr owsaialia J tC Innds pooled trorewilh II suclh npnritons on or lion from said land Is prevented or subslantinll y povotnnrnrrlil notion or other cause not r isor nhly within the control of Lessee. After Ure cessation or termination of such governmental action or ou tut cause, Lessee shall be entitled to a reasonoo7bin tr. n o 1 comrnnnce drilling opnrntinnr• or to •ran or.en o or estr� a pr+tfu .n/ BOOK 775 P�rc63O Tr-11. Lessor hereby '� . ' - � t agrees that Lessee nl Its option may discharge any tnx. mos !gage or other lien upo sold land. either In whole or In part, end in the evenl Lessen nos so. II shall be subrogntod to such Ilon with the right to enforce some and npply royalties accruln I rel MCI, for toward satisfying some. Lessee stint' pay nil taxes based on the production from sntd land. rind shrill deduct such !axes attributable to Lessor's Inlerr from roynity due hereunder. Without Irnpnirment or Lessee's rights under the warranty In event of failure of title. Ills agreed that 11 Lessor owns an Interest In said Ian Tess Than the entire fee sample estate. than the royalties 10 be paid Lessor shall be reduced proportionately. 12. Lessor hereby releases and wolves all right of dower end right of homestead under Ore lows of This state In and to said land to the extent of the rights grante hy tilts lease. 13. In the event thnt Lessor. during the primly Imrn of 11 'is lease, receives a bona fide otter which Lessor Is whiling 10 nccopl Thom nny party offering to purchas Irorn Lessor, n loose envorllng nny or eft of the subntnncns covered hy this lease and coveting nil or a portion of sold land. (heroin, with tire lease becoming effecUv upon expiration of this lease, Lessor hefoby agrees to notify Lessen In writing of snld oiler Immediately, Including In the notice the nnrne and address of tire offer° the price offered and ell other pertinent terms and conditions of the offer. Lessee. for a period of fifteen days after receipt of the notice, shall have the prior an preferred right and option to purchase Ilhe lease or port thereof or Interest therein, covered by the offer et the price and according to lire terms and condltlon specified In the offer All oilers made up to end Including the lost day of the primary term of this tense shall be subject to the terms and conditions of this Secltor Should lessee elect to purchase the tense pursuant to the terms hereto. If shell so notify Lessor In writing by melt or telegrnm prior to expiration of said 15-dny patio( Lessee stroll promptly therenfler furnish to Lessor tiro new tons° for execution on behalf of Lessor along with Lessee's collection draft payable to Lessor In payment( tiro specified amount ns consIdelation for ihe new lease. sucir draft being subject only to approval of title according to the terms Iliereol. Upon receipt 0meal. Less( slhnit promptly execute snld tense and return the same along with the endorsed di ell 10 Lessee's representative or through Lessor's bank of record for peymen All of the provisions of this lease shall Inure 10 the benefit of end be binding upon the par lies (hereto, their heirs. administrators, successors and assigns This agreement shrill be binding on each of the above named parties who sign Iho some, regardless of whether It Is signed by any of the other parties. IN WITNESS WIIEnEOF, this Instrurnont is executed effective es of the date first above written. Witness of Signature Slgnnturos Taxpayer Identification or Social Security Number T 147 A' se 1 :r 521-36-4067 ilcM1 Knt eS, ey 521-76-5065 Anne E. Jo y . 476-60-2091 ACKNOWLEDGMENTS ron USE IN ARIZONA, OREGON. NE©RASKA, KANSAS, COLORADO, WYOMING. NORTH DAKOTA, NEW MEXICO STATE OF COLORAD(.i ) COUNTir.OF .Gas 1,1 e l d'. ) file foregoing-iris(rurnent was ncknowiedged before me Uhls 18Lh DAY 01" JANUARY 1990 j by jharil (., Jol.,ky and Pl ry .Louise Jolley. husband anj wife, Breit L. Jolleya single mans and Kent: 5.-JoI ley and Anneal .n,Jo!_Ley, litisbandanti wi fe My Commission expires: r RT ctia (Individual(s) Acknowledgment) Address: Notary Public 524-46- ltiU i 523-33-3332 STA1E OF • as. (Corporate Acknowledgment) COUNTY OF The foregoing instrument was ncknowiedged before me this by of , a corporation, on behalf of the corporation. My Commission oxpkes: Notary Public fdm1211D.'•1111 (Plotlrrann Ile; r►w Ysar raid Up Lasso) Washer SI>tlnf Only O 7 OIL AND GAS LEASE R 11 0 OI do c '1 c c 0 r c V E u H O • • 0 it • • EXHIBIT "A" BOOK 775 F CE631 Attached to and made a part of that certain 0i1 and Gas lease by and between Richard C. Jolley and Mary Louise Jolley, husband and wife, Brett L. Jolley, a single man, and Kent S. Jolley and Anne E. Jolley, husband and wife, as Lessors, and Kinney 0i1 Company, as Lessee, dated January 17, 1990. 14. Wherever the term one -eighth (1/8th)appears in this lease, it shall by this reference be amended to read 18.75%. 15. Any gas well shut-in provision contained in the referenced lease shall extend the primary term of the lease to a maximum period of three (3) years beyond the end of �� o in 1 ease primary term. II Jolley #1C-17 .�� 16. E ufdedro this lease are the Jolley# 1 Jolley#1-8,and Snydcr # 2 wellbores Y and all existing down hole equipment, well hole equipment and surface production equipment located in, on or about those wellbores. Kinney 0i1 Company will be held harmless as to any liability involving the aforementioned wells. Signed for Identification this 18th day of January 1990 e t L. Joll% T Kent S. Jol ey a)(YUQ-' Anne E. Jol TEP Rocky Mountain LLC April 2020 4-203.B.3. Adjacent property owners and mineral owners and lessees The parcel and adjacent surface owner information was acquired from the Garfield County Colorado Assessor records and parcels maps on August 1, 2019, by Bryan S. Hotard, TEP Rocky Mountain LLC Surface Team Lead. The mineral information was acquired from the TEP Rocky Mountain LLC office in Houston on the same date. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review PL1ERIPJ1 _ Ho•r LC IS INn u n PFEIFER, MICHELE 218106300220 155 FIOU FAMILY RANCH LLLP 218107200203 SHORT, i2 CARL MICHAEL 18107200195 WARD. KENNETH 8 CLAUDIA 218107300235 REI FAMILY LIMETED PARTNERS P 210107300259 MIDNIG STAR BREE. RSLLC '181 <.00287 MCLIN FAMILY LLC 21811820026 1078 ROAD 335 LLC 217913100554 STANEK. PAUL 217913400014 FISHER.IEPMEN F d JUDITH A 21791340001E RO: INSON, ANN C HERINE 21 •' 100210 -3LETRL_- 1COJ3E KAUFMAN_ DONALD J d DEA 217824400151 CAREY DENNIS 218119300187 TERRA ANNAPURNA. LLC 218106400202 LAIDLAW, TOM F & NAOMI M 218105300294 FETCi4IN, PHILLIP F & MARJOR IE F 218108200216 BUREAU OF LAND MANAGEMENT 218107100951 BUREAU OF LAND MANAGEMENT 218128300958 DALEY, FRANK 8 SHEILA 218119400116 R I.CCN.LLCNDH 1 21812010100] DALEY, FRANK & SHEILA 218130101005 HILL, LILLIAN 218105400274 ROTH, JAMIE & CHANDLER 218108100214 JOL Y LLC 218117200086 DALEY, FRANK G &SHEILA M 218120300087 DALEY,FRANK 11111 & SHEILA 18129200122 Kokopelli Compressor Site TON,GENEI MARY J 09100076 STATE OF COLORADO DIVISION OF WILDLIFE 218127100201 OLLEY ME ALLC 218300085 JOLLEY SA LLC 00088 BUREAU OF LAND MANAGEMENT 218121400955 Legend • Kokopelli Compressor Site Existing Road nParcel Ownership (from Garfield County) Kokopelli Compressor Parcel Map March 13, 2019 S 0 1,000 2,000 4,000 Feet T1ProjectsTiceancelKokopellil Specialty Projeds1181Kokcpelli Compressor Station\ParcelMap_mxd atankersley 3/13/2019 9:03:19 AM MCLIN FAMILY BUREAU OF MANAGEMENT GORNIK, • JAMES A,& LEAHY, TOD SCHULTZ, CRAIG & ELI SA KATHLEEN BUREAU MANAGEMENT LILLIAN Parcel number 2181-172-00-086 Name JoleyMeaa LLC Kokopelli Compressor Location Address 0832 Can}an Creek Dr Glenwood5 p+eo s C0 81601 Ad'acent Pm .- Owners within 300ll to sub.ect .< rcel2121-172-00-086 EZINEMEEM 2181-043-07-001 2181-043-07-033 2181-043-07-036 2181-054-00-039 2181-054-00-129 2181-054-00-140 2181-054-00-158 2181-054-00-274 2181-071-00-951 2181-081-00-213 2181-081-00-214 2181-163-00-085 2181-182-00-260 2181-283-00-958 Raids Develoent Co .. ration Raids Develoent Co .. ration Rapids on The Colorado Homeowners Assoc. Warre Bonnie D MEIMICEIE 240 Rig. Ln LLC EZEin MBEINIEN Bureau of Land Mang• ement EIMIEDEEMEINEMMOIN Roth, Jamie 0 Chandler MIEEMEIBE 1078 Road 335 LLC Bureau of Land Mana• ement Address 2102 W Ara .<hoe Drive Littleto CO 80120-3008 2102 W Ara .<hoe Drive Littleto CO 80120-3008 2102 W Arapahoe Drive, Littleton, CO 80120-3008 Po Box 242 Gle mvo od S .,; , . s CO 21602 Po Box 1296, Glenwood S u; ,. s CO 81602 9455 Hanson Stree Denver C080209 832 Can .n Creek Drive Glenwood gu:s C081601 38090 River Front:xe Road, New Castle, CO 81647 2300 River Fronffi•e Ro:. Silt C081652 2859 Coun Road 335 New Castle CO 81647 2870 Coun Road 335, New Castle, CO 81647 0832 Can . n Creek Drive Glenwood S s CO 81601 2300 River Fronta:e Road, Silt, CO 81652 TEP Rock Mountain LLC Bill Barrett Co 1058 Coun Road 215, Parachute, CO 81635 LEAHY WARREN, D BONNIE ROTH, CHANDLER JAM I E Kokopelli Compressor Site RAPIDS DEVELOPMENT CORPORATION JOLLEY MES'A LLO RAPIDS DEVELOPMENT OORPORATION RAPIDS OOLORADO HOMEOWNERS AASSOCIATION Legend Compressor Site OParcel Ownership (from Garfield County) Existing Road Township Range Line (PiceanceArea) Section Line (Piceance Area) Kokopelli Compressor Adjacent Land Owners within 3W ft. August 1, 2019 S 0 1,000 2,000 4,000 Feet T:1Projects\Piceancetkokopellil_Specialty Projects118Vtokopelli Compressor StationtAdjacentPropertyOwners.mxd atarkersley 8/1,2019 8:04:31 AM TEP Rocky Mountain LLC April 2020 4-203.B.4. Fees/Agreement to pay Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Jolley Mesa, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Kokopelli Booster Compressor 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Bryan S. Hotard Phone: (970) 263-2754 Billing Contact Address: 1058 CR 215 City: Parachute State: CO Zip Code: 81635 Billing Contact Email: bhotard@terraep.com Printed Name of Person Authorized to Si (5'F'urej ryan S. Hotard atej TEP Rocky Mountain LLC April 2020 4-203.B.5. Project Description Statement of need: TEP Rocky Mountain LLC ("TEP") (the applicant) is in need of booster compression to add velocity and increase production of natural gas wells in the Kokopelli Field. TEP proposes to install an NGC-5 (Cat G3516J & Ariel JGT4) booster compressor with 1380 horsepower (HP) to lower current gathering pressure thereby increasing production. The compressor will be housed in a steel building. TEP is seeking a Land Use Change Permit for a Booster Compressor that will be located on an existing pad operated by Williams. Site Location: SESE Section 20, Township 6S, Range 91W SW of the town of New Castle, between Garfield Creek and Divide Creek Road, Garfield County, Colorado, latitude 39.508625 / longitude -107.572251 Parcel Number: 2181-172-00-086 Property Owner: Richard and Mary Jolley Family Trust LLLC Timeline for development: It will take approximately eight (8) weeks for the compressor to be installed and implemented. Construction will begin as early as July 1, 2020, and upon approval of permits from Garfield County and COGCC. Approximately 10-12 personnel will be required to install the compressor. Construction traffic will consist of 2-3 truck trips per day and will include the following: 1 mobile crane, 3 low boy trucks and 4-5 support pick-up trucks. No additional employees or traffic outside of the normal field operating personnel are anticipated to operate and maintain this facility after it is installed. Hours of Operation: The facility will operate 24 hours a day, 7 days a week, 365 days a year. Acreage of the location (site): The compressor will be installed on a portion of an existing Williams location that is approximately 0.45 acres. The additional construction will disturb an additional 0.07 acres (3,050 sq. ft.) to the northeast side of the pad. Size of proposed facility/building: The proposed compressor and building is 24'w X 44' L X 20' h (eave) non -insulated, steel building. The building will be painted desert tan. Access and roadway information: The site is accessed from a private gravel road off CR 311. A detailed report on access and roadway information per Waiver Policy 01-14 is included in Appendix B of the Standards section and in 4-203.L Traffic Study of this application. Parking lot size: There is no parking lot associated with this project. Employees will park on the location which will be fenced and accessed through a locked gate. Other permits: TEP plans to submit a Form 2A to the Colorado Oil and Gas Conservation Commission (COGCC) to obtain a new Oil and Gas Location Assessment (OGLA) permit to construct the location. TEP will not commence installation and operations until receiving approval from COGCC. The Colorado Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Department of Public Health and Environment (CDPHE) GP-02 permit will be included to show due - diligence with air compliance upon submittal. See tab Other Permits for supporting information. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review 4-203.C. Vicinity Map Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Legend ® Proposed Compressor Site ■ I..; 3 Mile Buffer 1• Road (from Garfield County) Existing Road Parcel Ownership (from Garfield County) Kokopelii Compressor Site Vicinity Map March 12, 2019 S 0 2,250 4,500 9,000 Feet T:1Projects\Piceance4Kokopellil_Speciatty Projects118Vokopelli Compressor StationU/cinityMap.mxd atankersley 3/12,2019 5:04:13 PM 4-203.D. Site Plan Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 LEGEND 12 ¢ff /� C 24 Property Boundary P t Existing Access Road / 19 ° 20 KOKOPELLI COMPRESSOR — PAD LOCATION 9 16 �) I BLM Alum. Cap BLM Alum Witness Corner Garfield County Brass Cap Found Stone Monument LS 13501 Alum. Cap LS 14111 Alum. Cap LS 38050 Alum.. Cap 0 0 0 1000 2000 GRAPHIC SCALE IN FEET 1 INCH W 2000 FEET PROPERTY DESCRIPTION Township 6 South, Range 91 West of the 6th Principle Meridian Sec. 7,• E1/2SE1/4 Sec. 8; E1/2E1/2, W1/2SW1/4, SEI/4SW1/4, SWI/4SE1/4 Sec. 17, N1/2, N1/2SW1/4, SE1/4SW1/4, SE1/4 Sec. 18, NE1/4 Sec. 20 EI/2E1/2, NWI/4NE1/4, NEI/4NW1/4, being ±1398 ac. NOTES 1.) THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR OR BOOKCLIFF SURVEY SERVICES, INC. OF THE PROPERTY SHOWN TO DETERMINE OWNERSHIP, COMPATIBILITY WITH ADJOINING PARCELS, OR EASEMENT OR ENCUMBRANCES OF RECORDS AFFECTING THIS PARCEL. 2.) THE PROPOSED BOOSTER COMPRESSOR BUILDING SITE IS NOT LOCATED WITHIN A 30% SLOPE AREA. 3.) THIS SITE PLAN DOES NOT REPRESENT A BOUNDARY, IMPROVEMENT OR IMPROVEMENT LOCATION CERTIFICATE SURVEY BY BOOKCLIFF SURVEY SERVICES, INC. OR AND OF ITS ASSOCIATES. SURVEYOR'S STATEMENT I, MICHAEL J. LAN �, {� E kT' RED LAND SURVEYOR, LICENSED UNDER THE LAW T.A g'Ck1 rJLORADO DO HEREBY CERTIFY THAT THE SUR * III*'A O1,1�•WVA` ,PREPARED ON THIS DATE JULY 3, 2014 UNDER hM DIREO SUPERVISION AND CHECKING THAT THIS M IS AiU SF TATI N THEREOF'. '5433 • rid s� yy� A • CD ; b r; C.Q:P A g. MICHAEL J. LA FOR AND ON BE BOOKCLIFF SURVEY' REVISED: 2/08/19 SCALE: 1' = 2000' DATE: 2/ 05/ 19 Fax j970f 625-2773 . A BOOKCLIFF Suave Services, Inc. iRIpGISTRATION NO. 36572 SHEET: 1 of 3 PROJECT: TEP Kokopetli DFT: cs Construction Plan Prepared for: TERRA TEP Rocky Mountain LLC Kolcopelli Compressor Site Plan LEGAL DESCRIYJION �/ Exist.Drainage , \ 6460.+1 IProperty Boundary Line / / i / L /�/ 4 6460.1 318' c/ / / //�5 ,/ , v'/�i�/ /', • at/ / / / / 1 / o 3 / Edge of Exist. Pad ]L-3tom, svb, Proposed\Fence Daylight Line Re -Grade Exist Road (Max. Grade = ±9.3%) I/ / /Proposed Booster /Compressor and Building / (57.6' x 25, Exist. Fence Proposed Pad Expansion Total Existing Pad Area: ±0.45 ac. (Fenced area) Additional Distrubed Area: 2'0. 07 ac. 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 AL Fax (970)625-277 BOOKCJIFF Sury Serviced Ina REVISED: 3/12/19 SCALE: 1" =50' DATE: 2/ 05/ 19 SHEET: 2 of 3 PROJECT: TEP Kokopelli DFT: cs 0 50 GRAPHIC SCALE IN FEET 1 INCH = 50 FEET ESTIMATED EARTHWORK QUANTITIES (cy) ITEM CUT FILL TOPSOIL EXCESS PAD 70 120 60 -110 ACCESS 110 0 110 TOTALS 180 120 60 ±0 Construction Plan Prepared for: TERR? TEP Rocky Mountain LLC Kokopelli Compressor SITE PLAN Prop. Chain Link Fence —\ I 5' Exist. Pipe Fence 9.3 10' Proposed Sub -Base Grade 15' 6" Gravel Base (+108 cy) Existing Ground Section A Cooling Unit Compressor Scale: Horiz.: 1" = 10' Vert. : 1" = 10' 12 2 Structural Fill Under all Concrete (By Others) 20' -0" 20' -6" 60' 6" Gravel Base r 4110 cy) 20' -6" 20' -0" FF Elev. Prop. Chain Link Fence — 10' -4 25:1 •.7 Proposed Sub -Base Grade Structural Fill Under all Concrete (By Others) Section B Scale: Horiz.: 1" = 10' Vert. : 1" = 10' Finish Elev. 6460.1 Existing Ground REVISED: 3/12/19 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 AL Fax (970)625-277 SCALE: As Noted DATE: 2/ 05/ 19 SHEET: 3 of 3 PROJECT: TEP Kokopelli DFT: cs Construction Plan Prepared for: TERR? TEP Rocky Mountain LLC Kokopelli Compressor Site Plan LEGAL DESCRIPTION Legend 0 Launcher Inlet Existing Gas Pipeline Existing Water Pipeline Existing Pipeline (Williams) Proposed Coolant Tank Proposed Oil Tank x x x x Proposed Fence Proposed Compressor Proposed Daylight Line — — • Proposed Pad or Pit Existing Road Existing Fence Proposed 10" Steel Suction Proposed 2" Steel Gas Supply Proposed 8" Steel Discharge Proposed 2" FlexPipe Dumpline — 7 — Compressor Site Boundary (0.94ac) Parcel Ownership TEP Rocky Mountain LLC Kokopelli Compressor General Site Layout January 30, 2020 0 25 50 100 S 150 TER ENERGY PARTNERS 200 Feet T:\Projects\Piceance\Kokopelli\Kokopelli Compressor Station\General_Site_Exhibit_11 x17.mxd atankersley 1/30/2020 12:45:36 PM TEP Rocky Mountain LLC April 2020 4-203.E. Grading and Drainage Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Kokopelli Compressor Grading and Drainage Plan Garfield County, Colorado Prepared for: TEP Rocky Mountain LLC 1058 County Road 215 Parachute, Colorado 81635 Date: May 2019 Prepared and Compiled By: Fox Engineering Solutions, Inc. P.O. Box 413, Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox@bresnan.net TERI7A TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Table of Contents TEP ROCKY MOUNTAIN LLC - MANAGEMENT APPROVAL 3 PROFESSIONAL ENGINEER CERTIFICATION 4 Introduction 5 Section 4-203.E.1 - Site Map 5 Section 4-203.E.2 — Drainage Structures 5 Section 4-203.E.3 — Topography 6 Section 4-203.E.4 — Grading Plan 6 Section 4-203.E.5 — Soil, Stockpile and Snow Storage Areas 6 Section 4-203.E.6 — Proposed Drainage Plan 6 Section 4-203.E.7 — Equipment Storage Areas 6 Section 4-203.E.8 — Temporary Roads 7 Section 4-203.E.9 — Areas of Steep Slope 7 Section 4-203.E.10 — Section 4-203.E.11 — Section 4-203.E.12 — Section 4-203.E.13 — Construction Schedule 7 Permanent Stabilization 8 Erosion Control Measures 8 Estimated Costs 8 Section 4-203.E.14 — Calculations 8 Section 4-203.E.15 — Neighboring Areas 9 Section 4-203.E.16 — Section 4-203.E.17 — Section 4-203.E.18 — Section 4-203.E.19 — Section 4-203.E.20 — Section 4-203.E.21 — Section 4-203.E.22 — Additional Information or Detail Section 4-203.E.23 — Signature Blocks Appendices Appendix A — Site Maps Appendix B — Drainage Plan Storm Water Management 10 Storm Water Management Plan 10 Reclamation Plan 10 Hydraulic Calculations 11 Maintenance Requirements 11 SPCC Plan 11 11 12 Fox Engineering Solutions, Inc. May 2019 Page 2 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan TEP ROCKY MOUNTAIN LLC - MANAGEMENT APPROVAL The undersigned representative of TEP Rocky Mountain LLC does hereby acknowledge reviewing the Grading and Drainage Plan, contained herein, and shall accepts responsibility for the implementatio this plan. Manag ent Sign Mr. Bryan S. Hota TEP Rocky Mountain urface Team Lead LLC ate ate Fox Engineering Solutions, Inc. May 2019 Page 3 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan PROFESSIONAL ENGINEER CERTIFICATION The undersigned Registered Professional Engineer attests that he has prepared this Grading and Drainage Plan per the requirements of Article 4 — Section 203.E Grading and Drainage Plan of the Garfield County Land Use and Development Code, effective July 15, 2013. David J. Fox, PE David J. Fox, P.E. Professional Engineer, State of Colorado Registration No. 25420 S-2‘,-�q Fox Engineering Solutions, Inc. May 2019 Page 4 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Introduction TEP Rocky Mountain LLC (TEP) is proposing to add a booster compressor to an existing developed pipeline pad site. The compressor is a necessary equipment item for the operation of the facility. The site currently is comprised of above and below ground piping associated with equipment to remove pipeline fluids and is commonly referred to as a pig launcher. Construction activities associated with the booster compressor include the construction of an approximately 25 ft. by 60 ft. concrete foundation, booster compressor building placement on the foundation and ancillary piping and grading. The site is located in the SE 1/4 of Section 20, Township 6 South, Range 91 West of the 6th P.M. The existing site pad is approximately 0.45 acres and construction activities will disturb an additional 0.07 acres (3,050 sq. ft.) to the northeast sides of the pad. Existing roads will be used to access the site and access approach driveway will be re -graded. Construction of the compressor foundation will occur within the existing work area of the pad. Over -excavation, compaction and placement of the foundation are not anticipated to significantly alter or change the existing grade of the site. As required by Article 4 — Section 203.E Grading and Drainage Plan, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013, this document contains information required for the Grading and Drainage Plan. Section 4-203.E.1 - Site Map Site maps are provided in Appendix A showing the location, topography, access road, property boundary, and existing structures and proposed improvements. The Kokopelli compressor pad is located on Jolley Mesa where no water bodies, hydrologic feature including intermittent drainages, wetlands or floodplains exist. Section 4-203.E.2 — Drainage Structures Locations of existing drainage structures or natural drainage features affecting site drainage on the parcel and within 10 feet adjacent to the site boundary are shown on the Drainage Plan in Appendix B. A drainage plan has been developed for the Kokopelli compressor pad improvements. The plan is provided in Appendix B. Fox Engineering Solutions, Inc. May 2019 Page 5 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Section 4-203.E.3 — Topography Existing site topography at two foot contours is provided on the Site Maps in Appendix A. Appendix A also depicts the location of the proposed Kokopelli compressor pad on a USGS 7.5 minute Quadrangle Map at 40 ft. contours along with property boundaries. Section 4-203.E.4 — Grading Plan Grading alterations will be made within the Kokopelli compressor building footprint and on the site pad. Over -excavation, compaction and placement of the foundation are not anticipated to significantly alter or change the existing grades of the site. Appendix A contains the existing site grade on two ft. contours and the building foundation grading. Section 4-203.E.5 — Soil, Stockpile and Snow Storage Areas Stockpiled soil, if any, will be stored directly adjacent on the west and south sides of the footprint of the 25 ft. by 60 ft. compressor foundation within the existing pad area. The stockpiled material will be utilized for fine grading around the compressor foundation. Estimated Cut and Fill quantities associated with the construction are balanced in the site plan such that no excess material is generated. The stockpiling of snow is not anticipated during normal operational activities. Should snow stockpiling be required, snow will be stored within the existing pad boundaries, probably on the south side of the pad. Section 4-203.E.6 — Proposed Drainage Plan A drainage plan has been developed for the Kokopelli compressor pad improvements. The plan is provided in Appendix B and shows the estimated 100-year 24 hr. precipitation runoff estimates as well as the estimated diversion structure capacities. Section 4-203.E.7 — Equipment Storage Areas All equipment related to the compressor, including compressor lubricants, will be stored inside the compressor building. The compressor is powered from natural gas. Compressor lubricant oils will be provided with secondary containment. Fox Engineering Solutions, Inc. May 2019 Page 6 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Section 4-203.E.8 — Temporary Roads No temporary roads will be required for the compressor construction. Existing roads and well pad working areas with be utilized. Section 4-203.E.9 — Areas of Steep Slope There are no areas of steep slope exceeding 20% within the project site for both pre - construction and post -construction conditions. Section 4-203.E.10 — Construction Schedule It is anticipated that mobilization of equipment and materials will be conducted within 5 to 10 days after approval of the Kokopelli Compressor application by Garfield County. Construction will commence shortly thereafter. An estimated construction sequence timetable is provided below. TEP Rocky Mountain LLC Kokopelli Compressor Estimated Construction Sequence Timetable (1) Schedule Work Item Days 1-3 Mobilization Days 1-3 Installation of Erosion/Sediment Control Measures Days 3 - 12 Compressor Construction Days 12- 13 Compressor Testing & Commissioning Days 1- 14 Maintenance of Erosion/Sediment Control Measures Day 14 Maintenance and/or Removal of Erosion & Sediment Control Measures (1) Begins after application approval by Garfield County Fox Engineering Solutions, Inc. May 2019 Page 7 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Section 4-203.E.11 — Permanent Stabilization The compressor is to be located on the existing pad as a supplemental equipment item necessary for the operation of the facility. The compressor footprint and adjacent disturbance will be permanently stabilized with the addition of 6 inches gravel base. Final stabilization of the site will occur after the depletions of the natural gas formations and the removal of related infrastructure per the requirements of the Colorado Oil and Gas Conservation Commission. Section 4-203.E.12 — Erosion Control Measures Erosion control measures are identified on the Drainage Plan drawing for the site in Appendix B. Control measures specific to the construction of the compressor include constructing a runon diversion ditch on the west side of the pad, perimeter swales on the interior perimeter of the pad, tow sedimentation traps and a diversion ditch on the east side. The runon diversion ditch is located up gradient of the pad to capture runon from rainfall and snow melt events. Section 4-203.E.13 — Estimated Costs The cost of the project, which includes both the compressor and site work, is estimated at $1.1 million. Control measures are currently employed at the pad site as part of the Drainage Plan. Estimated cost for the installation and maintenance of soil erosion and sediment control is $2500.00 annually. Section 4-203.E.14 — Calculations Surface water diversion structures have been constructed at the Kokopelli facility to accommodate 100-year 24-hour precipitation events and subsequently the 25-year 24 hour events. The National Oceanic and Atmospheric Administration, NOAA Atlas 14 — Pinpoint Precipitation Frequency Estimates reports the 100-year 24-hour and 25-year 24 hour peak precipitation events at the Kokopelli compressor location to be approximately 2.46 and 1.94 inches per hour, respectively. The NRCS identifies the dominate soils type within the boundary of the Kokopelli compressor pad as Villa Grove - Zoltay loam. This soil has a reported hydrologic group Fox Engineering Solutions, Inc. May 2019 Page 8 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan rating of C. Group C soils generally having a slow infiltration rate when thoroughly wet. The estimated pre -construction runoff coefficient is 0.1 with the post -construction runoff coefficient estimated at 0.3. A number of control measures and diversion structures have been constructed to control runoff and runon resulting from the 100-yr 24-hr precipitation event. Specific control measures and calculations are identified in the Drainage Plan in Appendix B. As noted on the drawing, the Manning-Chezy equation was utilized to estimate the flow capacity of the diversion ditches and slope drains. This empirical formula incorporates the ditch and pipe configurations, slope and a roughness coefficient to estimate capacities. The Rational Method was utilized to estimate peak discharge flows from tributary areas. This methodology incorporates rainfall intensity from the 100-yr 24-hr precipitation event, a run-off coefficient and the contributing tributary surface area. Runoff cofficients were based on NRCS hydrologic soil group and area imperviousness. Control structure estimated capacities and peak tributary run-off are summarized on the Drainage Plan in Appendix B. Section 4-203.E.15 — Neighboring Areas The proposed Kokopelli compressor facility will be located on top of Jolley Mesa at an elevation of 6520 ft. MSL. The site sits on the south side of Jolley Mesa. Grasses and sage brush are the dominate vegetation species. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 miles to the east and Garfield Creek is 1.5 miles to the northeast. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. No natural drainages are located within or adjacent to the facility boundary. Localized drainage is provided by ephemeral drainages located approximately 2000 ft. to the east of the site. The facility, topography and drainages are identified on the site maps in appendix A. The site is located in Garfield County within the Rural Zone District which is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. Uses immediately adjacent to the facility include cattle grazing and natural gas extraction well pads. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. BLM property is located approximately 300 ft. to the east of the site. The nearest structures include oil and gas wells, associated production equipment and tanks, Fox Engineering Solutions, Inc. May 2019 Page 9 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan located approximately 100 ft. to the north. The nearest residential dwelling is located 0.6 miles to the south. Section 4-203.E.16 — Storm Water Management The existing site pad is approximately 0.45 acres and construction activities will disturb an additional 0.07 acres (3,050 sq. ft.) to the northeast sides of the pad. Existing roads will be used to access the site and access approach driveway will be re -graded. Construction of the compressor foundation will occur on the existing work area of the pad. Over -excavation, compaction and placement of the foundation are not anticipated to significantly alter or change the existing grade of the site. Water -borne sediment is the main potential pollutant of concern. Each construction project may employ a variety of control measures as necessary to minimize sediment in stormwater runoff. The objective of erosion and sediment controls is to minimize the release of sediments during stormwater runoff. This can be accomplished through the use of both structural and nonstructural controls, as appropriate to the site. The Drainage Plan in Appendix B outlines the control measures, formerly known as BMPs, to be implemented for the construction of the Kokopelli compressor and associated piping. Sediment and stormwater management controls will be accomplished through a combination of construction techniques, vegetation management, and temporary or permanent structural features. Section 4-203.E.17 — Storm Water Management Plan The existing site pad is approximately 0.45 acres and construction activities will disturb 0.31 acre within the existing pad and 0.07 acres (3,050 sq. ft.) off the northeast sides of the pad. The construction disturbance associated with the installation of approximately 410 ft. of new buried pipelines at the site will add an additional 0.24 acres of disturbance. The total estimated construction disturbance is 0.62 acres. Although storm water control measures will be implemented for the construction of the Kokopelli compressor and associated piping, a formal Storm Water Management Plan under the regulation of the Colorado Department of Public Health and Environment is not required for construction activities with less than 1.0 acre of disturbance. As such, no formal Storm Water Management Plan is required for the construction activities associated with this project. Section 4-203.E.18 — Reclamation Plan As per the Garfield County's Land Use and Development Code, Section 7-208.A.3 — Applicability, the majority of the construction disturbance areas associated with the Fox Engineering Solutions, Inc. May 2019 Page 10 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Kokopelli compressor and piping comprise long-term functional areas of the site. A new buried 8" diameter pipeline leaving the site to the west will create a disturbance area of 0.08 acres in a non-functional area. This area will require reclamation. The pipeline will be installed under typical construction protocols. Topsoil and its vegetative biomass within the pipeline disturbance area will be removed and stockpiled. The topsoil shall be placed on the disturbed areas after installation of the pipe backfill and graded to blend with the adjacent undisturbed topography. The disturbance areas shall be seeded as necessary with species similar to the native vegetation and/or desirable nonnative vegetation capable of supporting the post -disturbance land use. Section 4-203.E.19 — Hydraulic Calculations Calculation methodologies for hydrologic and hydraulic structures are outlined in Section 4-203.E.14 above and are denoted and summarized in the Drainage Plan in Appendix B. Section 4-203.E.20 — Maintenance Requirements Control measures on the Kokopelli compressor site will be utilized for the erosion and sediment control during construction of the compressor. TEP is responsible for the maintenance of the control measures and will be maintained by both TEP's staff and/or its contractors. The primary control measures for the compressor construction include the diversion ditches, swales and sedimentation traps. Periodic maintenance will be required to ensure that the ditches and swales have not deteriorated and the sedimentation traps are operations. Section 4-203.E.21 — SPCC Plan The Spill Prevention, Control and Countermeasures rules, as regulated by the U.S. Environmental Protection Agency under 40 CFR 112, apply to facilities that have an aggregate aboveground oil storage capacity greater than 1,320 U.S. gallons. It is anticipated that 500 gallons of compressor oil will be stored at the site. Although secondary containment of the compressor oil will be provided and appropriate spill control measures will be employed by TEP, a SPCC plan is not required for the Kokopelli compressor as it is under SPCC regulation thresholds. Section 4-203.E.22 — Additional Information or Detail This section is reserved for other information or data as may be reasonably required by the Garfield County Director. Fox Engineering Solutions, Inc. May 2019 Page 11 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Section 4-203.E.23 — Signature Blocks A signature block acknowledging the owner's review and acceptance of responsibility is provided in this report. Signature block and stamped statement by the qualified individual preparing the Grading and Drainage Plan are also provided in this document. Fox Engineering Solutions, Inc. May 2019 Page 12 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Appendix A Site Maps Fox Engineering Solutions, Inc. May 2019 Page 13 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Fox Engineering Solutions, Inc. May 2019 Page 14 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Fox Engineering Solutions, Inc. May 2019 Page 15 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan LS 13501 Alum. Cap oo PROPERTY DESCRIPTION RO, 312�� Lg 4: U g 110 .�q1 boy 0 U fA Hp,F � •-a r—.a���N 37 \ SF, F �C4, / 1 { — \ / fv 1• l 1 b 1 / ti courir . ROAD 311 (3 • a W cO H N 4 V Q Fox Engineering Solutions, Inc. May 2019 Page 16 TEP Rocky Mountain LLC Kokopelil Compressor - Grading & Drainage Plan +\ + y \ !^« % \ \ ( § / 8 � Fox Engineering Slro%Inc. May 2019 Page 17 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan W �{ U Fox Engineering Solutions, Inc. May 2019 Page 18 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan Appendix B Drainage Plan Fox Engineering Solutions, Inc. May 2019 Page 19 TEP Rocky Mountain LLC Kokopelli Compressor - Grading & Drainage Plan xi-ed. Trap A lir de" J Existing Fig .... f/ Launching Pipe 0 Canfiguratio •1 / {, Runoff Calculations" Diversion Ditch & Sediment Trap Configurations Tributary Rumor 160.Yr24-Hr Peak Minimum Ditch Flow Sad. Trap Area Cofflclent Precipitation Runoff Shape Depth Side Slope Capacity Velocity Volume D.ain.g. F.ator. 1�•] Deal.::} lin"h..l Ll junkies.) fnch.•l ss IaNt) Ll Diversion Dltdt A 11.5 0.51 2.46 14.50 Traprsodal 16 1H:1V 9.031 19.91 4.42 Diversion DitchB 0.60 Trapizodal 6 2H:1V 0.001 10.52 3.01 Access Driveway 0,07 0.69 2.46 0.12 None- Overland Fl ow Gravel Pad Site 0.416 0.69 L46 0.70 None - Ova Band Flow Swale A Total 0.82 611:1V 0.001 2.69 0.9 Building 0.034 0.96 2.46 0.06 None -Overland Fl ow Adjacent Area 0.41 0.51 Lob 0.52 None - Overland Flow Swale 6Total 0.60 6H:1V 0.001 2.69 0.9 5edmentatlen Traps A and B •a.. on Rational Method and Ma& Storm Freon n.Y coefficient. linGCol 720 Legend —•—•—• New Fence Alignment Direction of Surface Flow Diversion Ditch QSedimentation Trap Drainage Swale Kokopelli Compressor Drainage Plan May 2019 TER 0 25 50 5 i00Feet Fox Engineering Solutions, Inc. May 2019 Page 20 TEP Rocky Mountain LLC April 2020 4-203.F. Landscape Plan (waiver requested) The Kokopelli Booster compressor is designated as Industrial Use, and therefore under section 4-202, Waiver of Submission Requirements, TEP is requesting a waiver from submitting a Landscape Plan. TEP Rocky Mountain LLC is seeking approval of a Form 2A — Oil and Gas Location Assessment Permit — from the Colorado Oil and Gas Conservation Commission (COGCC) for the location. Upon approval of the Form 2A the location will be subject to COGCC's reclamation requirements under COGCC Rule 1001. The location will be constructed and stabilized per COGCC rules to support oil and gas booster compression operations. TEP is requesting a waiver from submitting a landscape plan in lieu of requirements established by COGCC which are equally stringent and appropriate for the requested land use. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.G. Impact Analysis 1. Adjacent Land Use — Adjacent land use and neighboring properties within 1,500 feet of the location include public land and rural land. See the map in Impact Analysis Appendix A of this report. 2. Site Features — The Kokopelli Booster Compressor pad is located on the southern edge of Jolley Mesa. Access to the pad is via the Divide Creek Road, Garfield County Road 311 (CR 311), and improved gravel roads leading south to the pad. Terrain in the project area varies from the flat terrain on Jolly Mesa to steep hillsides south of the existing well pad. The vegetation on Jolly Mesa is dominated by grasses that have been planted for livestock forage. Historically, the mesa area was sagebrush shrublands and juniper woodlands. The slopes surrounding Jolly Mesa are composed of Utah juniper (Juniperus utahensis) and pinon pine (Pinus edulis) woodlands. Vegetation communities present in the survey area consist of a mixture of modified pasture, reclaimed ROWs re -seeded with native and non-native grasses and forbs, scattered pinyon - juniper woodlands, sagebrush shrublands, and some scattered mountain shrub. Pinyon -juniper woodlands are dominated by Utah juniper (Juniperus osteosperma) and occasional pinyon pine (Pinus edulis), with an open understory composed of forbs and grasses. The mountain shrublands are composed primarily of Saskatoon serviceberry (Amelanchier alnifolia) and mountain big sagebrush (Artemisia tridentata ssp. vaseyana). The elevation at the well pad is about 6,500 feet. There are no wetlands or perennial streams within the survey area. See Impact Analysis Appendix B for supporting documentation addressing terrain, vegetation, weed management and reclamation. 3. Soil Characteristics — Websoil survey data from the NRCS website indicates soil within the project area is Villas Grove-Zoltay loms, 15-30% slopes at elevations 7500-7600 feet. See the NRCS map unit description as supporting information in Impact Analysis Appendix C of this report. (NRCS web report) 4. Geology and Hazard — Based on analysis of potential natural and geologic hazards, as outlined in the Fox Engineering Solutions (FES) report in Impact Analysis Appendix D of this report, it is the opinion of FES that hazards identified in the LUDC have a low probability of impacting this site and the booster compressor. Mitigation of said hazards does not appear to be warranted at this time. See Appendix D for supporting documentation. 5. Groundwater and Aquifer Recharge Areas — Article 4 — Section 203.G.5 Groundwater and Aquifer Recharge Areas, of the Garfield County LUDC, requires evaluation of the relationship of the subject parcel to floodplains, the nature of soils and sub soils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow, and groundwater. The report provided by FES, Impact Analysis Appendix E provides additional information, in addition to the Grading and Drainage plan, see Article 4-203.E. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 6. Environmental Impacts — Article 4 — Section 203.G.6 Environmental Impacts, of the Garfield County LUDC, requires evaluation and determination of the effects of development on existing environmental conditions including: a. Determination of long-term and short-term effect on flora and fauna. See Impact Analysis Appendix F Environmental Impact for supporting documentation. b. Determination of the effect on designated environmental resources, including critical wildlife habitat. See Impact Analysis Appendix F Environmental Impact for supporting documentation. c. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions. See Impact Analysis Appendix F Environmental Impact for supporting documentation. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. See Impact Analysis Appendix D Geology and Hazard for supporting documentation. 7. Nuisance — a. Dust, odors, gas, fumes, and glare — Access roads will be watered per the maintenance agreement, as applicable, to mitigate dust. Odors/fumes will be mitigated through air mitigation and will be in compliance with CDPHE General Permit (GP) — 02. Glare will be minimized; the location will be painted desert tan to blend into the surrounding area. Views are not anticipated to be impacted by the installation of the compressor. The compressor will be implemented in an existing oil and gas field and will occur on an existing oil and gas location. Please see 2D Viewshed Analysis (Appendix K-7) as supporting documentation. b. Noise — The facility will comply with COGCC Rule 802 for Residential/Rural/Agricultural. See Impact Analysis Appendix G of this report for supporting documentation. The compressor will have a critical hospital grade muffler with 35-40 dbA noise reduction elements and will be housed in a steel building. With the proposed mitigation, noise levels are anticipated to be between 35.1-52.8 dbA. Residential/Agricultural/Rural noise standards will be complied to as follows: 7:00 am to next 7:00 pm — 55 dbA 7:00 pm to next 7:00 am — 50 dbA a. Vibration — The proposed booster compressor is factory -built and skid -mounted. The compressor skid will be placed on a 42-inch thick, steel reinforced concrete foundation system and bolted to the foundation. Synthetic anti -vibration pads are placed between the skid and the concrete to dampen vibration. To further mitigate unit vibration, the compressor vendor will balance reciprocating weight to within 1 Ib. across opposing crank -throws, compared to the manufacture's tolerance of 2.5 lbs. of reciprocating weight. No vibration related impacts to adjacent structures or dwellings are anticipated with the operation of the Kokopelli Booster Compressor. 8. Hours of Operation — As stated in the Pre -Application Conference Summary, the compressor will be utilized 24 hours a day, 7 days a week, and TEP is requesting a waiver from Standard 7-1001 Hours of Operation. Continuous operation of the equipment is required to achieve optimal gas lift compression for maximized production. The location will be permitted as an oil and gas location with COGCC. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Impact Analysis Appendix A Adjacent Land Use & Neighboring Properties within 1,500 feet Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Legend ® Compressor Location 1500 ft. Buffer (from Site) Kokopelli Compressor Site Existing Road Parcel Ownership (from Garfield County) Public Lands Rural Kokopelli Compressor Adjacent Land Llse & Neighboring Properties within 1500ft. March 13, 2019 S 0 250 500 1,000 Feet T:1Projects\Piceance}Kokopellil_Speciatty Projects1184Kokopelli Compressor S[ation'AdjacentLandUse.mxd atankersley 3/13,2019 4:38:53 PM TEP Rocky Mountain LLC April 2020 Impact Analysis Appendix B Site Features Terrain/Vegetation/Weed Management Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TERRA ENERGY PARTNERS KOKOPELLI COMPRESSOR INTEGRATED VEGETATION AND NOXIOUS WEED MANAGEMENT PLAN GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE Cover photo: View of the existing pad that will accommodate the Kokopelli Compressor. Prepared for: Terra Energy Partners 1058 County Road 215 Parachute, CO 81635 Prepared by: WestWater Engineering, Inc. 2516 Foresight Cr. #1 Grand Junction, CO 81505 14r Leah Weckworth, Environmental Scientist/Project Manager July 2019 1.0 INTRODUCTION 1.1 Project Description At the request of Terra Energy Partners (TEP), WestWater Engineering (WestWater) has prepared this Integrated Vegetation and Noxious Weed Management Plan for the proposed Kokopelli Compressor that would be located on privately owned lands in Garfield County, Colorado. The proposed project consists of an existing pad site and proposed buried gas line and water line located within existing disturbance on privately owned property south of the Colorado River between Silt and New Castle on Jolley Mesa. The project would be located in Section 20, Township 6 South, Range 91 West (Figure 1). Access to the project area is available via Garfield County Road 311 and private access roads. The current land uses include rangeland, agriculture, wildlife habitat, and oil and gas development. 1.2 General Survey Information Pedestrian surveys of the project area were conducted by WestWater biologists on June 28, 2019. Surveys were conducted within the growing season for plants in the area, including noxious weeds. Identification of plant species was aided by using pertinent published field guides (Ackerfield 2015, 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 13. 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 2019). 2.0 LANDSCAPE SETTING 2.1 Terrain The project location on top of Jolley Mesa is essentially flat. Jolley Mesa's flat top is bisected by an unnamed intermittent tributary to the Colorado River north and east of the project site. To the southwest of the project location, the side of the mesa drops steeply to Jackson Gulch. 2.2 Vegetation Vegetation communities around the project area have been disturbed by agriculture and natural gas development including access roads, pipeline rights -of -way (ROWs), well pads, and a produced water pit. Vegetation communities present in the survey area consist of a mixture of modified pasture, reclaimed ROWs re -seeded with native and non-native grasses and forbs, scattered pinyon juniper woodlands, sagebrush shrublands, and some scattered mountain shrub. Pinyon juniper woodlands are dominated by Utah juniper (Juniperus osteosperma) and occasional pinyon pine (Pinus edulis), with an open understory composed of forbs and grasses. The mountain shrublands are composed primarily of Saskatoon serviceberry (Amelanchier alnifolia) and mountain big sagebrush (Artemisia tridentata ssp. vaseyana). A list of common plants observed and/or known to occur in the survey area are described in Table 1. Table 1. Common plant species occurring in the nroiect area. Common Name Scientific Name Abundance* Habitat Type Grasses Cheatgrass Bromus tectorum x Disturbed/Reclaimed Sites and Sagebrush Shrublands Field brome Bromus arvensis xx DisturbedlReclaimed Sites and Sagebrush Shrublands WestWater Engineering Page 1 of 12 July 2019 Table Common Name Indian rice grass Intermediate wheat grass Needle and thread 1. Common plant species occurring in the project area. Scientific Name Achnatherum hymenoides Thinopyrum intermedium Hesperostipa comata Abundance* x x x Habitat Type Pinyon/Juniper, Sagebrush Shrublands Disturbed/Reclaimed Sites Pinyon/Juniper, Sagebrush Shrublands Sandberg bluegrass Poa secunda xx Pinyon/Juniper, Sagebrush Shrublands Smooth brome Bromus inermis Disturbed/Reclaimed Sites Western wheatgrass Pascopyrum smithii xx Pinyon/Juniper, Sagebrush Shrublands Forbs Alfalfa Dandelion Medicago sativa Taraxacum officinale x x Disturbed/Reclaimed Sites Sagebrush Shrublands, Disturbed/Reclaimed Sites Field bindweed Convolvulus arvensis Disturbed/Reclaimed Sites Field pennycress Hawksbeard spp Thlaspi arvense Crepis spp x Disturbed/Reclaimed Sites Pinyon/Juniper, Sagebrush Shrublands Herb sophia Descurainia sophia Disturbed/Reclaimed Sites Palmer's penstemon Penstemon palmeri x Pinyon/Juniper, Sagebrush Shrublands Prickly lettuce Redstem stork's bill Lactuca serriola Erodium cicutarium x x Disturbed/Reclaimed Sites Disturbed/Reclaimed Sites Rough indian paintbrush Roughseed cryptantha Castilleja scabrida Cyyptantha flavoculata x x Pinyon/Juniper, Sagebrush Shrublands Pinyon/Juniper, Sagebrush Shrublands Russian thistle Salsify Salsola tragus Tragopogon spp. x Disturbed/Reclaimed Sites Pinyon/Juniper, Sagebrush Shrublands, Disturbed/Reclaimed Sites Scarlet globemallow Sphaeralcea coccinea x Pinyon/Juniper, Sagebrush Shrublands Sego lily Calochortus nuttallii xx Pinyon/Juniper, Sagebrush Shrublands Tall tumblemustard Textile onion Sisymbrium altissimum Allium textile xx Disturbed/Reclaimed Sites Pinyon/Juniper, Sagebrush Shrublands Twinpod sp. Wavyleaf thistle Physaria acutifolia Cirsium undulatum x x Pinyon/Juniper Pinyon/Juniper, Sagebrush Shrublands Yellow sweetclover Melilotus officinalis Shrubs/Trees x Disturbed/Reclaimed Sites Alderleaf mountain mahogany WestWater Engineering Cercocarpus montanus Page2of12 x Pinyon/Juniper July 2019 Table 1. Common plant species occurring in the nroiect area. Common Name Scientific Name Abundance* Habitat Type Antelope bitterbrush Purshia tridentata x Pinyon/Juniper Broom snakeweed Gutierrezia sarothrae xx Pinyon/Juniper, Sagebrush Shrublands Four -winged saltbush Atriplex canescens x Pinyon/Juniper Gambel oak Quercus gambelii x Pinyon/Juniper Saskatoon serviceberry Amelanchier alnifolia x Pinyon/Juniper Twoneedle pinyon Pinus edulus xx Pinyon/Juniper Utah Juniper Juniperus osteosperma xx Pinyon/Juniper Wyoming big sagebrush Artemisia tridentata wyomingensis xx Pinyon/Juniper, Sagebrush Shrublands *Abundance: xxx= High frequency; with uniform distribution across project area. xx= Moderate frequency; occurrence scattered throughout project area. x= Infrequent; only a small number of individuals noted within project area. Non-native species in bold 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 by 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. 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 (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). WestWater Engineering Page 3 of 12 July 2019 3.2 Observations Weed species listed by the State of Colorado (2005) detected in the project area include cheatgrass (Bromus tectorum), jointed goatgrass (Aegilops cylindrica), Russian knapweed (Acroptilon repens), Scotch thistle (Onopordum acanthium), redstem stork's bill (Erodium cicutarium), and field bindweed (Convolvulus arvensis). Weed locations are mapped on Figure 1, though redstem stork's bill, cheatgrass and field bindweed were not mapped due to their widespread distribution within the survey area. Jointed goatgrass, Russian knapweed, and scotch thistle are listed weeds in Garfield County (Garfield County 2019). Detailed noxious weed infestation information, general control techniques, and revegetation recommendations are included in this Integrated Vegetation and Noxious Weed Management Plan. Noxious weed locations are provided in Appendix A. In areas where soil disturbances have created growing conditions that favor non-native vegetation, several unlisted nuisance weed species are also present. 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 observed or known to exist in the project area include Russian thistle (Salsola ssp.) and tall tumble mustard (Sisymbrium altissimum), among others. 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, including inventory (surveys), direct treatments, prevention through best management practices, monitoring of treatment efficacy, and subsequent detection efforts. Weed management is often limited to controlling existing infestations and prevention of further infestations, rather than eradication, but through effective weed management practices eradication can be possible in small to medium sized weed populations. 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. • 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 certified weed -seed -free reclamation materials such as mulch and seed. 3.5 Treatment and Control of Noxious Weed Infestations WestWater Engineering Page 4 of 12 July 2019 The treatment method and timing will be determined by the project proponent and their contracted licensed pesticide applicators. The recommendations provided in this report will be considered when developing annual treatment plans. General control methods for the species detected in the project area are provided for reference in Table 2. Table 2. General noxious weed control methods for species in the project area. Common Name Scientific Name j USDA Symbol Type Control Methods AL Cheatgrass Bromus tectorum BRTE Annual Herbicide treatment including pre- and post -emergent treatments in large monocultures with few if any desirable grasses; tillage and reseeding with native cool -season grasses. Field bindweed Convolvulus arvensis COAR Perennial 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. Jointed Goatgrass Aegilops cylindrica AECY Annual 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. Russian knapweed Acroptilon repens ACRE Perennial Reseeding disturbed sites with fast growing grasses. Herbicide application in fall. Allelopathic, tillage necessary. Scotch thistle Onopordum acanthium ONAC Biennial Herbicides, tillage, or hand grubbing in the rosette stage, mowing at bolting or early flowering. 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 Tables 3 and 4. Herbicides should not always be the first treatment of choice when other methods can be effectively employed. Table 3. Treatment Strategies for 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. (Sirota 2004) WestWater Engineering Page 5 of 12 July 2019 Table 4. Treatment Strategies for Perennials 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 mid -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. 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 to quickly develop immunity to herbicides, especially when they are used incorrectly, makes it imperative to use the proper chemicals at the correct time in the specified concentration according to the product label. 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. The practices include: • 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. WestWater Engineering Page 6 of 12 July 2019 • 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 outside the footprint of the development 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 added to the tank. 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 opportunity to reproduce. Monitoring: Areas where noxious weed infestations are identified and treated should be inspected over time to ensure that control methods are working to reduce and suppress the identified infestation. The 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 Successful reclamation of the project area is dependent upon soil type and texture, slope gradient and aspect, proper weed control, available water, and revegetation with suitable plant species. Site -specific reclamation plans utilizing native species should be developed with a qualified reclamation contractor. Reclamation services using multiple seed bin range drills and specialized equipment are available and should be used for reclamation seeding projects. 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). In areas with slope greater than three percent or where laminar flows from runoff could affect reseeding success, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When utilizing hydro -seeding followed by mulching, imprinting should be done prior to seeding unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting should be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. WestWater Engineering Page 7 of 12 July 2019 Soil Amendments The addition of soil amendments in rangeland reclamation projects can create more optimal growing conditions for non-native or invasive plant species, with which native plants compete poorly. There is potential that the use of soil amendments (fertilizer) containing nitrogen will disproportionately benefit undesirable annual plants (Perry et al. 2010). If the company determines the use of soil amendments to be beneficial, the type and rate should be based on results from lab analysis of soil samples collected at the site. 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. Compacted soils respond well to fossilized humic substances and by-products called humates. These humates, including humic and fulvic acids were formed from pre -historic plant and animal deposits and can benefit reclamation efforts on compacted soils when applied as directed. Seed Mixture The recommended seed mix (Table 5) is adapted from the Bureau of Land Management's Colorado River Valley Field Office seed menu recommendations (BLM 2013). This seed mix is well suited for mountain shrublands and oakbrush shrublands common south of the Colorado River. The mix includes perennial native grasses and forbs that should establish well, protect topsoil, and provide a basis for rehabilitation of the site upon reclamation. Since the project area is privately owned, the landowners may request a different seed mixture. Table 5. Recommended seed menu for nroiect area. Common Name 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 Goldar 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 [Hilariajamesii ] Viva florets Warm Bunch/Sod- forming 1.7 WestWater Engineering Page 8 of 12 July 2019 Table 5. Recommended seed menu for nroiect area. Common Nam Scientific Name Variety Season Form PLS lbs/acre* 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 sagittata 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 For best results and success, reseeding should be done in late autumn. The seed application rate should be doubled for broadcast applications such as hydroseeding or hand broadcasting of seed (CNHP 1998). Seeding Methods The preferred seeding method would be with a multiple seed bin range drill with no soil preparation other than simple grading to slope and imprinting and water bars where applicable. This method would likely also be the most economical method. Hydroseeding or hand -broadcast seeding at twice the recommended drill seed rate is recommended for steep slopes or for smaller areas where drill seeding would be impractical or dangerous. Alternative seeding methods include, but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and re -harrow, preferably at a 90 degree angle to the first harrow; • hydroseeding; and • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. After desired grasses are established and control of target weed species is successful, then shrubs, forbs, and trees can be planted without concern for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed, particularly when mixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control, and then coming back to plant live, containerized woody species in copses has been the most cost effective method for establishing the woody species component of the plant community. WestWater Engineering Page 9 of 12 July 2019 For sites where soil disturbance will be temporary, grasses should be drilled after construction activities cease and the equipment is removed from the site. After two years of controlling weeds (with herbicides) and allowing the grasses to become established, forbs and woody species should be inter -seeded or hand - planted to increase the diversity and value of the reclamation plantings. Mulching Crimped 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 mulch would limit these effects. BMPs Excelsior wattles or straw bales at the toe of steep slopes and water discharge points are appropriate to help control water velocity flowing off the alignment during storms and spring runoff. Terracing slopes near or exceeding 3:1 will reduce erosion, benefitting topsoil and seed retention and thereby improving revegetation success. 5.0 REFERENCES Ackerfield, J. 2015. Flora of Colorado. Botanical Research Institute of Texas, Fort Worth, Texas. Barrow, J. R., and Bobby 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, INT-GTR-338, Ogden, Utah: U.S. Department of Agriculture, U.S. Forest Service, Intermountain Resource Station, 275 pp. BLM. 2013. Revised Revegetation Seed Mix Menus, CRVFO Energy Team. U.S. Bureau of Land Management, Colorado River Valley Field Office. Silt, Colorado. 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/CNAPPublication s/Re vegetationGuide/revegetation.pdf. CNHP. 1998. Native Plant Re -vegetation Guide for Colorado. Colorado Natural Heritage Program, Caring for the Land Series, Vol. III, State of Colorado, Division of Parks and Outdoor Recreation, Department of Natural Resources, Denver, 258 pp. 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. 2018. Vegetation Management Section — Noxious Weed List. Available online: http://www.garfield-county.com/vegetation-management/noxious-weed-list.aspx. Rifle. Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. NRCS. 2019. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, URL: http://websoilsurvey.nrcs.usda.gov WestWater Engineering Page 10 of 12 July 2019 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, Judith 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. Weber, William A., and Ronald 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 11 of 12 July 2019 Legend A Jointed goatgrass * Russian knapweed C Scotch thistle Q 100 Foot SSS Plants and Weeds Survey Area Gas Pipeline Water Pipeline n Pad Disturbance Interstate Highway Road ^"Streams BLM Figure 1 Terra Energy Partners Kokopelli Compressor Integrated Vegetation and Noxious Weeds Management Plan WestWater Engineering ,-:11 Consulting Engineers & Scientists 0 20 40 60 Meters July 2019 Map Scurce: Z.\Terra Energy Partners\Kokcpelli Cornpresso r420194GI5\IVNWMP Figure 1.rnxd 7/1/2019 rbb Appendix A. Noxious Weed Locations Observed in Survey Area. Species Code Species Common Name Latitude Longitude ACRE Russian knapweed 39.508413 -107.573321 AECY Jointed goatgrass 39.508569 -107.572698 AECY Jointed goatgrass 39.508445 -107.572941 AECY Jointed goatgrass 39.508479 -107.572567 AECY Jointed goatgrass 39.50848 -107.572692 ONAC Scotch thistle 39.508318 -107.572217 WestWater Engineering Appendix A-1 July 2019 Impact Analysis Appendix C Soil Characteristics NRCS Web Soil Survey Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Map Unit Description: Villa Grove-Zoltay loams, 15 to 30 percent slopes ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 71—Villa Grove-Zoltay loams, 15 to 30 percent slopes Map Unit Setting National map unit symbol: jnzb Elevation: 7,500 to 7,600 feet Farmland classification: Not prime farmland Map Unit Composition Villa grove and similar soils: 50 percent Zoltay and similar soils: 40 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Villa Grove Setting Landform: Alluvial fans, mountainsides Landform position (three-dimensional): Lower third of mountainflank Down -slope shape: Linear, convex Across -slope shape: Linear, convex Parent material: Mixed alluvium Typical profile H1 - 0 to 4 inches: loam H2 - 4 to 15 inches: clay loam H3 - 15 to 60 inches: loam Properties and qualities Slope: 15 to 30 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Very slightly saline to moderately saline (2.0 to 8.0 mmhos/cm) Available water storage in profile: Moderate (about 8.1 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6e Hydrologic Soil Group: C Ecological site: Brushy Loam (R048AY238C0) Hydric soil rating: No USDA Natural Resources Web Soil Survey 6/26/2019 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Villa Grove-Zoltay loams, 15 to 30 percent slopes ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Description of Zoltay Setting Landform: Alluvial fans, mountainsides Landform position (three-dimensional): Lower third of mountainflank Down -slope shape: Convex Across -slope shape: Convex Parent material: Mixed alluvium Typical profile H1 - 0 to 19 inches: loam H2 - 19 to 23 inches: cobbly clay loam H3 - 23 to 36 inches: cobbly clay H4 - 36 to 60 inches: cobbly clay Properties and qualities Slope: 15 to 30 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Moderate (about 7.5 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6e Hydrologic Soil Group: C Ecological site: Brushy Loam (R048AY238C0) Hydric soil rating: No Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 USDA Natural Resources Web Soil Survey 6/26/2019 Conservation Service National Cooperative Soil Survey Page 2 of 2 Impact Analysis Appendix D Geology and Hazard Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Fox Engineering Solutions, Inc. May 24, 2019 Adam Tankersley Planning/GIS TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 7-108 Natural Hazards - Garfield County Land Use and Development Code SE % Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 108 Use of Land Subject to Natural Hazards, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. FES's understands that TEP Rocky Mountain LLC (TEP) is proposing to add a compressor to the existing pipeline launch pad. Neighboring Area The proposed Kokopelli facility will be located on top of Jolly Mesa at an elevation of 6520 ft. MSL. The site sits on the south side of Jolly Mesa. Grasses and sage brush are the dominate vegetation species. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 miles to the east and Garfield Creek is 1.5 miles to the northeast. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. No natural drainages are located within or adjacent to the facility boundary. Localized drainage is provided by overland sheet flow in a westerly direction. The facility, topography and drainages are identified on the site maps in Appendix A. The site is located in Garfield County within the Rural Zone District which is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The existing pad has been utilized for pipeline maintenance operations for several years. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. The nearest structures include oil and gas wells, associated production equipment and tanks, located at the site and approximately one half mile to the south and northeast. The nearest residential dwelling is located 0.6 miles to the south. Local and Regional Geologic Structures The site sits on the south side of Jolly Mesa between Garfield Creek on the east and Divide Creek on the west. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 Mr. Adam Tankersley Kokopelli Compressor miles to the east and Garfield Creek is 1.5 miles to the northeast. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. Based on the "Geologic Map of Colorado" compiled by Ogden Tweto, dated 1979, the Kokopelli compressor site is located in a geologic unit denoted as Qgo — older gravels and alluviums (Pre - Bull Lake Age) and possibly underlain by the Wasatch formation. The Qgo unit consists generally of unconsolidated surficial deposits and the Wasatch formation consists generally of claystone, mudstone and sandstone. These materials generally have low to moderate permeability. Tweto's geologic map identifies two faults, each about 4.75 miles southeast and southwest of the site. Geologic Hazards Article 7 — Section 108 Use of Land Subject to Natural Hazards, of the Garfield County LUDC, requires that natural and geologic hazards be identified, and if present, be eliminated or mitigated before development can occur. This includes, but is not limited to; falling rock, landslides, snow slides, mud flows, radiation, flooding, and high water tables. The Colorado State Legislature in 1974 passed House Bill 1041 defining geologic hazards that, if present, may pose a threat to life or property. For the purposes of this report, geologic hazards, as outlined in House Bill 1041 and Section 7-108 of the Garfield County LUDC, are discussed below. 1. Radioactivity: Radon is a naturally occurring, odorless and colorless radioactive gas that is produced by the radioactive decay of radioactive minerals present in the soils and bedrock. Although no radiological or radon testing was conducted, the facility does not have buildings or an area that is occupied throughout the work day The potential presence of radon is not expected to represent a geologic hazard or a significant worker exposure issue that would affect the design or operations of the facility. 2. Seismic Considerations: The 2000 Uniform Building Code locates the site in seismic zone 1 - low susceptibility to earthquakes. According to the Colorado Geological Survey, there have been 88 earthquakes in or near Garfield County between 1973 — 2017. There were no reported damages or injuries associated with these minor earthquake events. It does not appear that significant hazard from seismic activity exists at the site to impact the design or operations of the facility. 3. Ground Subsidence: The NRCS reports the surface soil at the facility, as classified under the Uniform Soils Classification System, is approximately 100% CL — inorganic clays of low plasticity. These soils are susceptible to settlement, however standard construction compaction efforts can significantly reduce or eliminate settlement potential. This site was constructed utilizing standard wheel -compaction methods with heavy equipment. The proposed uses, design and operations at the facility are not impacted by expansive soils or rock. 4. Landslides: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that landslide hazard does not exist or is low at the facility. 5. Avalanche: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that the hazard of avalanche does not exist or is low at the facility. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Kokopelli Compressor 6. Rockfall: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that the hazard of rockfall does not exist or is low at the facility. 7. Flood: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. No natural drainages are located adjacent to the facility. The NRCS indicates the Facility's Flood Frequency Class for the facility location is "None". "None" means that flooding is not probable and the chance of flooding is nearly zero percent in any year. The site may be subject to sheet flow from precipitation events, however, storm water best management practices are in place to mitigate or prevent storm water from entering the facility. It appears that the hazard of a flood does not exist or is low at the facility. 8. Mudflow and Debris Fans: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. No mudflow and debris fans are present or adjacent to the facility. It appears that the hazards of mudflow and debris fans does not exist or are low at the facility. 9. Expansive Soil and Rock: The NRCS reports the surface soil at the facility, as classified under the Uniform Soils Classification System, is approximately 100% CL — inorganic clays of low plasticity. Clays, claystone and mudstone members of the Wasatch formation typically have a high swell potential when wetted. Although the soils have swell potential, it does not appear that would affect the design or operations of the facility. 10. Slopes: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. Risk from moderate or severe slope is non-existent for the facility. 11. Water Table: The facility is located on top of Jolly Mesa at an elevation of 6520 ft. with on a natural 3 - 5% slope consisting of grasses and sage brush. Divide Creek located 2 miles to the east has a corresponding elevation of 5800 ft. Garfield Creek is 1.5 miles to the northeast with a corresponding elevation of 6000 ft. No natural drainages are located adjacent to the facility nor are there any known water table depths. The NRCS indicates the Facility's Flood Frequency Class for the facility location is "None". "None" means that flooding is not probable and the chance of flooding is nearly zero percent in any year. It appears that hazards associated with high water tables are not present and have a low probability of impacting the site. Based on analyzes of potential natural and geologic hazards, as outline in this report, it is FES's opinion that these hazards have a low probability of impacting this site and the booster compressor. Mitigation of theses hazards does not appear to be warranted at this time. Should conditions change or discovery of a latent hazard become apparent during the construction of the compressor, reevaluation of the hazard is recommended. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Kokopelli Compressor Appendix A Fox Engineering Solutions, Inc. Page 4 TEP Rocky Mountain LLC April 2019 Impact Analysis Appendix E Groundwater and Aquafer Recharge Area Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. May 24, 2019 Adam Tankersley Planning/GIS TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 4-203.G.5 Groundwater - Garfield County Land Use and Development Code SE % Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 4 — Section 203.G.5 Groundwater and Aquifer Recharge Areas, of the Garfield County Land Use and Development Code (LUDO), effective July 15, 2013. It is FES's understanding that TEP Rocky Mountain LLC (TEP) is proposing to add a compressor and associated piping to an existing pad. The site currently is comprised of above and below ground piping associated with equipment to remove pipeline fluids and is commonly referred to as a pig launcher. Article 4 — Section 203.G.5 Groundwater and Aquifer Recharge Areas, of the Garfield County LUDO, requires evaluation of the relationship of the subject parcel to floodplains, the nature of soils and sub soils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow, and groundwater. The proposed Kokopelli compressor site is located on top of Jolley Mesa at an elevation of 6520 ft. MSL. The site sits on the south side of Jolly Mesa. Grasses and sage brush are the dominate vegetation species. Figure 1, attached, shows the Kokopelli compressor site and its location relative to waterbodies including ephemeral, intermittent and perennial drainages. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 miles to the east and Garfield Creek is 1.5 miles to the northeast. No natural drainages are located within or adjacent to the facility boundary. Localized drainage is provided by overland sheet flow in a westerly direction. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. The Kokopelli compressor pad in not located in a floodplain. Waste disposal and the discharge of sewage effluent are not contemplated at the Kokopelli compressor site under the proposed compressor installation. The site has been constructed on natural grades of 4 — 5% that slope gently downward to the west/southwest. The NRCS identifies the dominate soils type within the boundary of the Kokopelli compressor pad as Villa Grove - Zoltay loam. This soil has a reported hydrologic group rating of C. Group C soils generally having a slow infiltration rate when thoroughly wet. Based on the "Geologic Map of Colorado" compiled by Ogden Tweto, dated 1979, the Kokopelli compressor site is located in a geologic unit denoted as Qgo — older gravels and alluviums (Pre - Bull Lake Age) and possibly underlain by the Wasatch formation. The Qgo unit consists generally of unconsolidated surficial deposits and the Wasatch formation consists generally of Mr. Adam Tankersley Kokopelli Compressor claystone, mudstone and sandstone. These materials generally have low to moderate permeability. The Colorado Division of Water Resource's files indicate that two well permits were issued in the vicinity of the Kokopelli compressor site. The well associated with Permit No. 234309 is located in the SE NE of Section 20, T6S, R91W, 6th P.M., and is approximately 3100 ft. north of the Kokopelli compressor site. The well sits at an elevation of 6440 ft. The Well Completion Report indicates the well has a total depth of 160 ft. with static water level at 92 ft. From this data, water level is 6338 ft. The Report's geologic log indicates volcanic rocks and clays for the interval of 0 — 150 feet with Wasatch Formation report between 150 and 160 ft. This well log is consistent with Tweto's mapping showing unconsolidated surficial deposits underlain with Wasatch Formation. Additionally, this well appears to be recharged from the adjacent drainage directly to the east. The well associated with Permit No. 203138 is located in the SW NE of Section 29, T6S, R91W, 6th P.M., and is approximately 3300 ft. south of the Kokopelli compressor site. The well sits at the base of the southern toe of Jolley Mesa in Jackson Gulch at an elevation of 6080 ft. The Well Completion Report indicates the well has a total depth of 128 ft. with static water level at 23 ft. From this data, water level is 6057 ft. The Report's geologic log indicates alternating brown and red sandstone to a depth of 95 ft. with hard brown sandstone indicated in the bottom interval of 95 — 128 ft. This well log is consistent with Tweto's mapping showing unconsolidated surficial deposits underlain with Wasatch Formation. Additionally, this well is located in the Jackson Gulch drainage and appears to be recharged from this drainage. Although the depth to groundwater below the proposed Kokopelli compressor site is unknown, the location of the two wells referenced herein and their Well Completion Reports support the conclusion that these wells are recharged from adjacent drainages and are underlain with Wasatch Formation. There are no adjacent drainages to the Kokopelli site to provide recharge or support a shallow water table. The Wasatch Formation has low permeability consisting generally of claystone, mudstone and sandstone and the evidence suggests that there are no shallow aquifers or alluvium present at the site. Surface water runoff control measures are provided in TEP's application submittal addressing Section 7-204 Drainage & Erosion (LUDC) which are designed to reduce or eliminate offsite transport of contaminants and pollutants. Based on the evidence, it is FES's opinion that the probability of surface runoff and groundwater contamination from the construction and operation of the proposed Kokopelli compressor site is low. Respectfully submitted, d/f 17/Pir David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox(a�bresnan.net Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Kokopelli Compressor Figure 1 z L! 1 0 Well Permit Site • Identified Well Site Fox Engineering Solutions, Inc. Page 3 Impact Analysis Appendix F Environmental Impact Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 TERRA ENERGY PARTNERS KOKOPELLI COMPRESSOR IMPACT ANALYSIS: ARTICLE 4-203.G.6 ENVIRONMENTAL IMPACTS GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE Cover photo: View of habitat conditions in the project area Prepared for: Terra Energy Partners 1058 County Road 215 Parachute, CO 81635 Prepared by: WestWater Engineering, Inc. 2516 Foresight Cr. #1 Grand Junction, CO 81505 Leah Weckworth, Environmental Scientist/Project Manager July 2019 INTRODUCTION Project Description At the request of Terra Energy Partners (TEP), WestWater Engineering (WestWater) has prepared this environmental impact analysis report for the proposed Kokopelli Compressor that would be located on privately owned lands in Garfield County, Colorado. The proposed project consists of an existing pad site and proposed buried gas line and water line located within existing disturbance on privately owned property south of the Colorado River between Silt and New Castle on Jolley Mesa. This document reports the results and analysis of the findings that are pertinent to Article 4-203.G.6 of the Garfield County Land Use and Development Code (as amended) as it applies to this project. The project would be located in Section 20, Township 6 South, Range 91 West (Figure 1). Access to the project area is available via Garfield County Road 311 and private access roads. The current land uses include rangeland, agriculture, wildlife habitat, and oil and gas development. Survey Methods The project area was evaluated for the potential occurrence of special status plants and wildlife, raptors, noxious weeds, and potential Army Corps of Engineers (COE) jurisdictional Waters of the U.S. (WoUS) by WestWater biologists June 28, 2019. The surveys were completed within the growing season for sensitive plants and noxious weeds and within the nesting season for migratory birds. Vegetation types were determined through aerial photography and on -the -ground assessments. Plant species identification was aided by using pertinent published field guides (Ackerfield, 2015, Spackman et al. 1997, Kershaw et al. 1998, Whitson et al. 2001, CWMA 2007, Weber and Wittmann 2012). 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 expected natural vegetation characteristics at the project site (NRCS 2019). Data locations were recorded using handheld Global Positioning System (GPS) units (Datum: NAD83, Zone 13) and photographs were taken of the habitat, terrain, and biological features found during the survey. Surveys/habitat assessments for threatened and endangered plant species were conducted in conjunction with noxious weed and wildlife surveys. Noxious weed infestations within 100 feet of project features were documented and are reported in an Integrated Vegetation and Noxious Weed Management Plan that was prepared for this project (WestWater 2019). Threatened and endangered wildlife surveys and raptor nest surveys were conducted in suitable habitats for these species within 0.25 mile of project features. Biologists selected pedestrian routes that would ensure adequate coverage of all suitable potential raptor nest trees; there are no potential cliff nest sites nearby. Woodland nesting habitat was surveyed at approximately 50 meter intervals while visually inspecting trees for nests. Biologists selected routes that would ensure adequate coverage of all suitable raptor nest trees. Woodland raptor nest surveys were aided by using call playback methodology using electronic digital game calls. ARTICLE 4-203.G.6 — ENVIRONMENTAL IMPACTS EXISTING ENVIRONMENTAL CONDITIONS WATERS OF THE U.S. — Army Corps of Engineers Waters of the U.S. include wetlands and drainages under the jurisdiction of the U.S. Army Corps of Engineers. Perennial, intermittent, and ephemeral streams and drainages, as indicated on U.S. Geological Survey mapping, are considered WoUS if they exhibit evidence of flow (i.e. ordinary high water mark) WestWater Engineering Page 1 of 15 July 2019 and are hydrologically connected to a perennial stream. In addition to hydrology, a jurisdictional wetland will also demonstrate the unique soil and vegetation characteristics that result from inundation or saturation. WestWater biologists surveyed the area for aquatic resources including wetlands and WoUS crossings that would fall under the jurisdiction of the COE in conjunction with other surveys that were conducted for this report. No potential WoUS locations or jurisdictional wetlands would be affected by the project as analyzed for this report. VEGETATION Vegetation communities in the project area have been disturbed by agriculture and natural gas development including disturbances associated with access roads, pipeline rights -of -way (ROWs), and well pads. Vegetation communities present in the survey area consist of a mixture of sagebrush shrublands, pastures, reclaimed areas re -seeded with native and non-native grasses and forbs, scattered pinyon juniper woodlands, and scattered mountain shrubs. Pinyon juniper woodlands are dominated by Utah juniper (Juniperus osteosperma) and occasional pinyon pine (Pinus edulis), with an open understory composed of sagebrush, forbs, and grasses. The mountain shrubs present are primarily Saskatoon serviceberry (Amelanchier alnifolia) and mountain big sagebrush (Artemisia tridentata ssp. vaseyana). A list of common plants observed and/or known to occur in the survey area is provided in Table 1. Table 1. Common plant species occurring in the project area. Common Name Scientific Name Abundance* Habitat Type Grasses Cheatgrass Bromus tectorum x Disturbed/Reclaimed Sites and Sagebrush Shrublands Field brome Bromus arvensis xx Disturbed/Reclaimed Sites and Sagebrush Shrublands Indian rice grass Achnatherum hymenoides x Pinyon/Juniper, Sagebrush Shrublands Intermediate wheat grass Thinopyrum intermedium x Disturbed/Reclaimed Sites Needle and thread Hesperostipa comata x Pinyon/Juniper, Sagebrush Shrublands Sandberg bluegrass Poa secunda xx Pinyon/Juniper, Sagebrush Shrublands Smooth brome Bromus inermis x Disturbed/Reclaimed Sites Western wheatgrass Pascopyrum smithii xx Pinyon/Juniper, Sagebrush Shrublands Forbs Alfalfa Medicago saliva x Disturbed/Reclaimed Sites Dandelion Taraxacum officinale x Sagebrush Shrublands, Disturbed/Reclaimed Sites Field bindweed Convolvulus arvensis x Disturbed/Reclaimed Sites Field pennycress Thlaspi arvense x Disturbed/Reclaimed Sites Hawksbeard spp Crepis spp x Pinyon/Juniper, Sagebrush Shrublands Herb sophia Descurainia sophia x Disturbed/Reclaimed Sites Palmer's penstemon Penstemon palmeri x Pinyon/Juniper, Sagebrush Shrublands WestWater Engineering Page 2 of 15 July 2019 Table 1. Common plant species occurring in the project area. Common Name Scientific Name Abundance* Habitat Type Prickly lettuce Lactuca serriola x Disturbed/Reclaimed Sites Redstem stork's bill Erodium cicutarium x Disturbed/Reclaimed Sites Rough indian paintbrush Castilleja scabrida x Pinyon/Juniper, Sagebrush Shrublands Roughseed cryptantha Cryptantha flavoculata x Pinyon/Juniper, Sagebrush Shrublands Russian thistle Salsola tragus x Disturbed/Reclaimed Sites Salsify Tragopogon spp. x Pinyon/Juniper, Sagebrush Shrublands, Disturbed/Reclaimed Sites Scarlet globemallow Sphaeralcea coccinea x Pinyon/Juniper, Sagebrush Shrublands Sego lily Calochortus nuttallii xx Pinyon/Juniper, Sagebrush Shrublands Tall tumblemustard Sisymbrium altissimum x Disturbed/Reclaimed Sites Textile onion Allium textile xx Pinyon/Juniper, Sagebrush Shrublands Sharpleaf twinpod Physaria acutifolia x Pinyon/Juniper Wavyleaf thistle Cirsium undulatum x Pinyon/Juniper, Sagebrush Shrublands Yellow sweetclover Melilotus officinalis x Disturbed/Reclaimed Sites Shrubs/Trees Alderleaf mountain mahogany Cercocarpus montanus x Pinyon/Juniper Antelope bitterbrush Purshia tridentata x Pinyon/Juniper Broom snakeweed Gutierrezia sarothrae xx Pinyon/Juniper, Sagebrush Shrublands Four -winged saltbush Atriplex canescens x Pinyon/Juniper Gambel oak Quercus gambelii x Pinyon/Juniper Saskatoon serviceberry Amelanchier alnifolia x Pinyon/Juniper Twoneedle pinyon Pinus edulus xx Pinyon/Juniper Utah juniper Juniperus osteosperma xx Pinyon/Juniper Wyoming big sagebrush Artemisia tridentata wyomingensis xx Pinyon/Juniper, Sagebrush Shrublands *Abundance: xxx= High frequency; with uniform distribution across project area. xx= Moderate frequency; occurrence scattered throughout project area. x= Infrequent; only a small number of individuals noted within project area. Non-native species in bold Threatened, Endangered, and Sensitive Plant Species The occurrence and distribution of special status plants in this region are strongly influenced by geologic formations and the resulting soil types present in an area. Special status plants known to occur in Garfield County are listed in Table 2 (USFWS 2019a). WestWater Engineering Page 3 of 15 July 2019 Table 2. Special status plants occurring in Garfield County. Common Name Scientific Name Status Colorado hookless cactus Sclerocactus glaucus Threatened DeBeque phacelia Phacelia submutica Threatened Parachute beardtongue Penstemon debilis Threatened the ladies' -tresses orchid Spiranthes diluvialis Threatened Harrington's beardtongue Penstemon harringtonii BLM Sensitive Cathedral Bluff meadowrue Thalictrum heliophilum BLM Sensitive Roan Cliffs blazingstar Mentzelia rhizomata BLM Sensitive Piceance bladderpod Physaria obcordata BLM Sensitive No special status species of plants were detected during the survey and none are expected to be affected by the project. A review of the available literature, evaluation of soils and terrain at project site, and previous WestWater surveys indicated that no known populations of these plants exist nearby. Noxious Weeds Weed species listed by the State of Colorado (2005) detected in the project area include cheatgrass (Bromus tectorum), jointed goatgrass (Aegilops cylindrica), Russian knapweed (Acroptilon repens), and Scotch thistle (Onopordum acanthium) (Figure 2). Jointed goatgrass, Russian knapweed, and Scotch thistle are listed weeds in Garfield County (Garfield County 2019). Detailed noxious weed infestation information, general control techniques, and revegetation recommendations are reported in the accompanying Integrated Vegetation and Noxious Weed Management Plan prepared for this project (WestWater 2019). WILDLIFE Threatened, Endangered, and Candidate Wildlife Species Federally listed threatened, endangered and candidate wildlife species with potential to occur in Garfield County are listed in Table 3. Table 3. Federally listed threatened, endangered, and candidate wildlife species for Garfield County. Common Name Scientific Name Status Bonytail Gila elegans Endangered Canada lynx Lynx canadensis Threatened Colorado pikeminnow Ptychocheilus lucius Endangered Greenback cutthroat trout* Oncorhynchus clarki stomias Threatened Humpback chub Gila cypha Endangered Mexican spotted owl Strix occidentalis lucida Threatened North American Wolverine Gulo gulo luscus Proposed Threatened Razorback sucker Xyrauchen texanus Endangered Yellow -billed cuckoo Coccyzus americanus Candidate * Recent genetic studies indicate that pure greenback cutthroat trout likely do not exist in western Colorado. Until the review and rulemaking process is complete, the U.S. Fish and Wildlife Service is recommending that "Lineage GB" cutthroat trout be managed as greenback cutthroat (USFWS 2012) There is no suitable habitat in the project area or surrounding area for Canada lynx, Mexican Spotted Owl, North American Wolverine, or Yellow -billed Cuckoo. The project area drains to the Colorado WestWater Engineering Page 4 of 15 July 2019 River above designated critical habitat for Colorado pikeminnow, razorback sucker, bonytail, and humpback chub. Increased sedimentation, introduction of pollutants, or water depletions could affect aquatic habitats downstream. Raptors Several raptor species could nest in the project area (Table 4). Nesting season for raptor species in this area begins in January for eagles and continues through mid -August for some hawks. The most common raptor species observed in the area include American Kestrel, Cooper's Hawk, Golden Eagle, Great Horned Owl, and Red-tailed Hawk. Table 4. Raptor species that may be present near the project area. — Common Name Scientific Name BCC* American Kestrel Falco sparverius No Cooper's Hawk Accipiter cooperii No Flammulated Owl Otus flammeolus Yes Great Horned Owl Bubo virginianus No Long-eared Owl Asio otus No Northern Goshawk Accipiter gentilis Yes Northern Harrier Circus cyaneus No Northern Pygmy Owl Glaucidium gnoma No Northern Saw -whet Owl Aegolius acadicus No Red-tailed Hawk Buteo jamaicensis No Sharp -shinned Hawk Accipiter striatus No Swainson's Hawk Buteo swainsoni No *BCC=U.S. Fish and Wildlife Service, Bird of Conservation Concern (USFWS 2008) + State species of concern (CPW 2019b) §BLM sensitive species (BLM 2009) Two raptor nests were observed in the project area (Figure 3). Neither nest was occupied at the time of the survey, which was conducted at the height of the nesting season. The nests observed in the survey area are assumed to have been built and used by Cooper's Hawks due to the nest dimensions and stick size. Raptor nests observed in the project area and the distance to the nest are described in Table 5. No nests would be removed by the project. Table 5. Raptor nests observed in the survey area and distance to disturbance (NAD 83, UTM Zone 131. Label Species Common Name Distance To Disturbance (Meters) Northing Easting UNKN-1 Unknown 14.79 4376390 278908 UNKN-2 Unknown 275.25 4376636 278692 Long-term impacts resulting from project development would be unlikely because the area is previously disturbed and currently experiences significant human activity. Indirect effects could occur depending on noise levels associated with the addition of a compressor station to the site, though most of the raptor nesting habitat present within the survey boundary is located off the side of the mesa, where impacts of noise would be reduced. Recommendations — It is recommeneded that appropriate mufflers or other noise mitigation devices required to meet COGCC 800 series rules be maintained in working condition to mimimize impacts to nesting raptors in the pinyon/juniper woodlands in the area. WestWater Engineering Page 5 of 15 July 2019 Birds of Conservation Concern, Migratory, and Non -migratory Birds (other than raptors) WestWater biologists evaluated habitat in the project area for bird species that could be affected by the project. Birds of Conservation Concern (BCC) (USFWS 2008) have been identified by the U.S. Fish and Wildlife Service (USFWS) for priority conservation management in an attempt to prevent or remove the need to list additional species under the Endangered Species Act (USFWS 2019b). The survey was conducted during the nesting season for passerine bird species. A literature review was conducted to identify BCC species with potential to occur in the project area (Table 6) (Andrews & Righter 1992, Wickersham 2016, Righter et al 2004, Poole 2018). Table 6. BCC and BLM sensitive species that may occur in the nroiect area. Common Name Scientific Name Status Habitat Description Potential to Occur Brewer's Sparrow Spizella breweri BCC BLMS Expansive sagebrush shrublands; occasionally found in greasewood or other shrublands Observed in the project area during surveys; however, no nests were encountered. Cassin's Finch Carpodacus cassinii BCC Nests in conifer forests and may occur in pinyon/juniper woodlands, cottonwood stands and aspen groves. Suitable habitat exists in the project area. Gray Vireo Vireo vicinior BCC Open pinyon juniper woodlands from 4,500 to 6,500-feet in elevation. Suitable habitat exists in the project area. Juniper Titmouse Baeolophus griseus BCC Pinyon juniper woodlands. Observed in the project area during surveys; however, no nests were encountered. Lewis's Woodpecker Melanerpes lewis BCC Open conifer forests, riparian areas, or burns where they can forage for flying insects. Primarily nests in cottonwoods. Suitable habitat exists in the project area. Pinyon Jay Gymnorhinus cyanocephalus BCC Pinyon/juniper woodlands. Year-round resident in western Colorado. Observed in the project area during surveys; however, no nests were encountered. Suitable nesting habitat for migratory bird species, including BCC species, would not be directly affected by the project because all project features would be constructed within existing disturbance. Noise generated by the compressor station may affect bird species that nest nearby, causing them to relocate further from the compressor. Recommendations — U.S. Fish and Wildlife Service guidance indicates that developments can affect nesting migratory birds within 100-feet of a project and indirect effects related to the project could include the disruption of nesting and brood rearing activities if project construction occurs during the nesting season. To reduce negative effects, project construction could be scheduled to occur outside of the nesting season, which is generally considered to occur between May 15 and July 15 for the species in this area. If project WestWater Engineering Page 6 of 15 July 2019 construction occurs outside of nesting season, affected birds will relocate to alternate sites in subsequent years. American Elk and Mule Deer The project would be located within an elk winter concentration area and mule deer severe winter range and winter concentration area (CPW 2019a) (Figure 4). The project area provides good habitat for deer and elk and older deer and elk sign was observed throughout the survey area. The proposed compressor station would be constructed on an existing pad surrounded by ROWs, access roads, and would be in the vicinity of well pad locations and agricultural fields. Because of these existing landscape modifications, much of the native vegetation in the project area has been altered. Deer and elk populations have become somewhat habituated to human activity in the area and indirect impacts from construction of this project would be low. No migration corridors will be affected. Vehicle related mortality attributable to this project is unlikely given the current traffic volumes and generally low speed limits on the existing roads. Black Bear and Mountain Lion CPW mapping shows the site to be within overall ranges for black bear and mountain lion but outside of black bear and mountain lion human conflict areas (Figure 5) (CPW 2019a). Affects to mountain lion are unlikely. Potential bear encounters could occur if garbage or food is not properly managed during construction. Interactions with humans sometimes result in the euthanasia of offending bears by the CPW and would be the most conceivable potential impact on either species. All garbage and food items should be stored in bear -proof receptacles and/or removed from the site on a daily basis to prevent attracting bears to the site. Small Mammals Common small mammal species in the project area include coyote (Canis latrans) and cottontail (Sylvilagus spp.). Northern pocket gophers (Thamomys talpoides) are known to occur in the area and a multitude of additional rodent species may occur (Fitzgerald et. al. 2011). Townsend's big -eared bat (State species of concern and BLM sensitive — Corynorhinus townsendii pallescens), fringed myotis (BLM sensitive — Myotis thysanoides), and several other bat species may occupy the area seasonally, but no bats were observed. Reptiles Midget faded rattlesnake (State species of concern and BLM sensitive — Crotalus viridis concolor) has potential to occur in the project area. Other species of reptiles within the project area may include western terrestrial garter snake (Thamnophis elegans), gopher (bull) snake (Pituophis catenifer sayi), side - blotched lizard (Uta stansburiana), plateau striped whiptail (Cnemidophorus velox), sagebrush lizard (Sceloporus graciosus), tree lizard (Urosaurus ornatus), and western whiptail (Cnemidophorus tigris), among others (Hammerson 1999). Aquatic Species No aquatic features that provide suitable habitat for fish or amphibians were observed in the project area. There is potential that aquatic wildlife downstream could be affected by increased sedimentation and potential spills from chemicals stored on site. WestWater Engineering Page 7 of 15 July 2019 ARTICLE 4-203.G.6(a) - DETERMINATION OF LONG AND SHORT-TERM EFFECTS ON FLORA AND FAUNA FLORA The Kokopelli Compressor site would be constructed within or adjacent to several existing disturbances where native vegetation has been cleared. This strategy will serve to reduce cumulative loss and fragmentation of native vegetation and is a good mitigation technique. The best method to mitigate the loss of native vegetation is by reclaiming and reseeding the disturbance area with a native seed mix. Revegetation with native species provides the greatest benefit for wildlife. An Integrated Vegetation and Noxious Weed Management Plan has been developed for this project (WestWater 2019), which includes recommendations for vegetation management applicable to this project. FAUNA T&E wildlife: The proposed project would not be located in potential habitat for any T&E mammals or birds. The project area drains to the Colorado River which provides Critical Habitat for four species of endangered fish. Sedimentation, pollution, or water depletions may have an indirect effect on these species if they occur. It is recommended that a stormwater management plan and spill prevention, control, and countermeasure plan are implemented to prevent increased sedimentation and spills from reaching downstream waterways. Raptors No raptor nesting habitat will be directly affected. There is a low possibility for long term effects beyond the loss of foraging habitat within the footprint of the proposed project, which has already occurred. Short term effects may include temporary displacement of raptors in an avoidance area immediately surrounding the compressor site due to increased human presence and equipment activity associated with operation and maintenance of a compressor site. Long-term impacts resulting from project development would be unlikely because the area is previously disturbed and currently experiences significant human activity. Indirect effects could occur depending on noise levels associated with the addition of a compressor station to the site, though most of the raptor nesting habitat present within the survey boundary is located off the side of the mesa, where impacts of noise would be reduced American Elk and Mule Deer The compressor site would be located on existing disturbance and would not further fragment existing habitat for elk and mule deer. No migration corridors would be affected. Big game species are not restricted to specific movement corridors in this area and the presence of the compressor station would not be expected to affect movement patterns. Due to other developments in the area, deer and elk have become somewhat habituated to human activity and the indirect effects of avoidance and displacement have decreased. The increased vehicle traffic could result in vehicle related wildlife mortality, although additional traffic resulting from this project would contribute minimally given current use of the existing road system. Traffic volumes and speed on the roads accessing the site are unlikely to result in significant big game mortality from vehicles. Perimeter fencing could pose an increased risk to big game and any fencing around the facility should be constructed according to published standards that reduce impacts to big game (Hanophy 2009). Black Bear Potential encounters of black bear with personnel could occur if garbage or food is not properly secured, and human -black bear interactions sometimes result in the euthanasia of offending bears by the CPW. An WestWater Engineering Page 8 of 15 July 2019 increase in traffic could result in vehicle related mortalities, although the contribution from this project is expected to be low. Small Mammals, Birds (BCC), and Reptiles The compressor station would be located on existing disturbance and would not further fragment existing habitat. Human presence and activity may affect animal distribution. An increase in traffic could result in vehicle related mortalities, although the contribution from this project is expected to be low. ARTICLE 4-203.G.6(b) — DETERMINATION OF THE EFFECT ON SIGNIFICANT ENVIRONMENTAL RESOURCES, INCLUDING CRITICAL WILDLIFE HABITAT Placement of this project within the boundaries of an existing disturbance has resulted in avoidance of additional contributions to cumulative effects of native habitat alteration and fragmentation in the region. The development of the project is not expected to significantly affect any critical environmental resources. ARTICLE 4-203.G.6(c) — IMPACTS ON WILDLIFE AND DOMESTIC ANIMALS • Creation of hazardous conditions: The compressor site will be adequately fenced to prevent wildlife from accessing and becoming trapped within the perimeter to the extent practicable. Some passerine bird species and small mammals may choose to inhabit or nest on equipment or objects at the site. The inherent risks associated with these structures are low. By closing or covering all ports, hatches, cavities, and openings (such as the ends of pipes) this potential is decreased. Most non -game bird species and their nests are protected under the Migratory Bird Treaty Act (16 U.S.C. 703-712; Ch. 128; July 13, 1918; 40 Stat. 755) and damaging occupied nests could be considered a "take" resulting in a violation. • Indirect Construction Effects: Additional human presence and activity related to construction, operation, and maintenance of the compressor site may influence spatial and temporal use of habitat surrounding the project by wildlife. Since the site exists within and adjacent to significant and long-term human presence, the additional disturbance from this project is expected to be low. • Road -kill: Speed limits are set low and most wildlife in the area has become habituated to vehicle traffic. The potential for vehicle related mortalities related to this project should be low. REFERENCES Ackerfield, J. 2015. Flora of Colorado. Botanical Research Institute of Texas, Fort Worth, Texas. Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History. Denver. BLM. 2009. BLM Colorado State Director's Sensitive Species List. November 20, 2009 Update. CPW. 2019a. CPW All Species Activity Mapping Data available online at: http://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7. Colorado Parks and Wildlife. CPW. 2019b. State of Colorado species of concern list. Available online: http://wildlife. state.co.us/WildlifeSpecies/SpeciesOfConcern/Pages/SpeciesOfConcern l .aspx 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. WestWater Engineering Page 9 of 15 July 2019 Fitzgerald, J.P., C.A. Meaney and D.M. Armstrong. 2011. Mammals of Colorado, Denver Museum of Natural History and University Press of Colorado, Denver. Garfield County. 2019. Vegetation Management Section — Noxious Weed List. Available online: http://www.garfield-county.com/vegetation-management/noxious-weed-list.aspx. Rifle. Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. Hanophy, W. 2009. Fencing with Wildlife in Mind. Colorado Division of Wildlife. Denver. Available online: http://wildlife. state.co.us/SiteCollectionDocuments/DOW/LandWater/PrivateLandProgra ms/DOWFencingWithWildlifelnMind.pdf Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. NRCS. 2019. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, Available online: http://websoilsurvey.nrcs.usda.gov. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Valley Audubon Society, Grand Junction. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Management, the U.S. Forest Service, and U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. 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 p. USFWS. 2008. Birds of Conservation Concern 2008. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Arlington, Virginia. USFWS. 2012. Updated position paper on ESA consultations on greenback cutthroat trout, including the cutthroat trout referred to as Lineage GB. Updated Oct 4, 2012. USFWS. 2019a. U.S. Fish and Wildlife Service Information for Planning and Consultation. Available online at: https://ecos.fws.gov/ipac/location/IPG2GNNTSBCHPEGRT4WJOR3Z3Y/resources USFWS. 2019b. Endangered Species Act of 1973 (16 USC 1531 et seq.). Available online: http://www.fws.gov/endangered/laws-policies/esa.html Weber, W. A., and R. C. Wittmann. 2012. Colorado Flora, Western Slope. Fourth Edition, University Press of Colorado, Boulder. WestWater Engineering. 2019. Terra Energy Partners, Kokopelli Compressor, Integrated Vegetation and Noxious Weed Management Plan. WestWater Engineering, Grand Junction, CO. 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. Wickersham, L.E. 2016. The Second Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Parks and Wildlife, Denver, CO. WestWater Engineering Page 10 of 15 July 2019 76s_R92W 1 Legend Q100 Foot SSS Plants and Weeds Survey Area Q 1/4 Mike Raptor Survey Area Gas Pipeline Water Pipeline n Pad Disturbance Interstate Highway Road Streams BLM T6S R91W 31 .NEW�STL, =E Project Location Figure 1 Terra Energy Partners Kokopelli Compressor Garfield County Sensitive Areas Survey Location rik\NestWater Engineering Consulting Engineers & Scientists 0 Miles July 2019 Map Source: Z\Terra Energy Pa Mers1Kokopelli Compressor120191GIS\Figure 1.mxd 0 28/2019 rbb Legend A Jointed goatgrass * Russian knapweed E Scotch thistle Q 100 Foot SSS Plants and Weeds Survey Area - Gas Pipeline - Water Pipeline nPad Disturbance Interstate Highway Road Streams BLM A ▪ 4 alk AO Oa . • It* >t� Kokopelli Compressor T6S R91W IT —1,11111001111111101 Figure 2 Terra Energy Partners Kokopelli Compressor Garfield County Sensitive Areas Survey SSS Plants and Noxious Weeds WestWater Engineering Consulting Engineers & Scientists 0 20 40 00 Meters July 2019 Map Source: Z,1Terra Energy Parmers1Kokopelli Compresscr120191GIS1Figure 2mxd 7/1/2019 rbb G3 Legend Unoccupied Raptor Nest (et.) Raptor Observation �'. Raptor Call Station Raptor Suitable Habitat Q 1/4 Mile Raptor Survey Area - Gas Pipeline - Water Pipeline nPad Disturbance Interstate Highway Road - Streams BLM Figure 3 Terra Energy Partners Kokopelli Compressor Garfield County Sensitive Areas Survey Raptors WestWater Engineering Consulting Engineers & Scientists 0 100 200 300 Meters July 2019 Map Source. Z',Terra Energy ParmersVKokopelli Compressor120191GIS1FIgure 3.rrxd 7/1/2019 rbb NEW C--ASTL= Project Location GA'RIiIELD COUNTY ,. 4p, 44 44—tr • 4*4,- , 4. . . 44 ,A '40:440•tyle Koko elli Com re 44-1 �_j1 . 4. q_ 1r 4k,... Ao_ 4 le" A - - '44-#0- ' 0 fis* "4 T6S R92W T6SKR91 W Ategend-46''Ikk. '14 1=1 Elk Production AreElk Winter Concentration AreaMule Deer Severe Winter Range Mule Deer Winter Concentration Area 44C;IkAl* t00 Foot SSS Plnts and Weeds SurveGas PipelineWater Pipelinen Pad DisturbanceInterstate Highway Road^'.-•- StreamsBLM Figure 4 erra Energy Partners Kokopelli Compressor County Sensitive Areas Survey Big GameActivities WestWater Engineering Consulting Engineers & Scientists Miles July 2019 Map Source' Z:Terra Energy Partrrers\Kokopelli Compress or120191GIS\Fgure 4.mxd Si28,'2019 rbb Kakopelli Compressor,* / \\ Legend ® Black Bear Human Conflict Area a--' n Mountain Lion Human Conflict Area 100 Foot SSS Plants and Weeds Survey Area Gas Pipeline Water Pipeline I -I Pad Disturbance Interstate Highway Road Streams Project Location Nrz GARFIFIELD CCUNN Figure 5 Terra Energy Partners Kokopelli Compressor Garfield County Sensitive Areas Survey Black Bear and Mountain Lion AWestWater Engineering Consulting Engineers & Scientists Map Source Mlles July 2019 Z,1Terra Energy Parmers1Kokopelli Compresscr120191GIS1FIgure 5_rrxd 6/28/2019 bb Impact Analysis Appendix G Noise Study Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 INTRODUCTION TER. ENERGY PARTNERS This report describes the results of a comparative noise study completed originally by WPX Energy in the Kokopelli Field located in Garfield County, Colorado, to show the anticipated noise impact of an engine and compressor at the proposed Kokopelli Booster Compressor. The noise survey and evaluation were conducted consistent with the requirements in the Colorado Oil and Gas Conservation Commission (COGCC) Rule 802 and Garfield County code (7-1001.F.): "Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement." A summary of the noise survey data and evaluation results are provided below: DESCRIPTION OF SITE AND PROPOSED COMPRESSOR STATION TEP is proposing to construct the Kokopelli Booster Compressor in Garfield County, Colorado, located in SESE Sec 20, T6S, R91W on the south side of Interstate-70, and accessed from County Road 311. The site is on leased land owned by the Jolley family. 1J. I 3', %. i s 19 fr1. ' 18 x /I ' L__. L,m try MLARTJ 24 moue/ J* - a. i -17 19 20 KOKOPEtLLI COMPRESSOR PAD LOCATION 16 PROPIUTY JM9rR1Pf1O1.1 ]bv..ce," 6.Wrrh Amon 91 Wrat a/IM 61A&iaw& 6kviWl. 2,417/ w �• h•I/2R!/ WJ/25W1/I• SYJ/ISWJ/Q SWJ/4S6J/4 S. 17. NJ/$ AW2SW1/4. i 1f4, 1,1/I• SKI/4 Sir- !4 NV1/1 Sir: SOAVIS /- MW1/Imo/I, NRMINWJ/I. !WV �JJJ+Baf- t Qrxs I1 n1xS.Mtfr WAX rx6MR60 WIMWT MR rlSRAff0r4 ndAFlRr ,I116 COMIRIM6FTMO WRY RW NSP.SWITA VMS 3051Na1 Or ma sa«rRYvr ufx,WRCT,FF ssw.ST slums& e.f. OP nu PROAJfIr tMOVF N Ia[IvJMIM6OWNR MIP,, rnwYRAMRRJTT RWIN AIKaMA) YA.1,1114 *MJl4WNNTOIr 5FNM06A6C6)CW A61... MAFIKCTTRO Tf1ld rAFCF4 I Iw6,n2, WWO6O moos.* COMPROMnrt M}tMffi ARRAS Aar uIAT n Mlr. AAM, aYAMri ARM NTN6 AM PUP LMi ForiarnierArA AOIMIYffI•. lan..I het RtINIYvtSTLIRI tNNM,J IAICAR S.F.IIT wrm,A.'[f.'I SIAMr MarrRnA uc. Ir.uw of mg Noutastp. S RVRYOKS STATEMENT hN n0. l IMMIoCF nro CIM A'QIE �6, eORA�ri6AIl��fr�FO.. MIRYTWRAAD fYrROI1N9 1Mnrn 7/'RTIfR6OT .if 7f , , Mte.161 i rnnp�9._Akan nurn MAI 161TJ re+ Alm am 401, IawlrcerormaNR �~ ..13[1111.20- Coneruattua Plan Prepared fan TERFFAP TEP Rocky MoamaraaC Kokyvolle Cvw,n.aw, WI.• UX]A1. MA APPLICABLE NOISE REGULATIONS COGCC Rule 802.b states "Oil and gas operations at any well site, production facility, or gas facility shall comply with the following maximum permissible noise levels." With respect to the proposed location of the Kokopelli Booster Compressor, parcel 2181-172-000-86 is zoned as Rural, and therefore is subject to Residential/Agricultural/Rural as shown in Table 1. While COGCC regulation 802.b(2) allows for Light industrial standard in remote locations where there is no reasonably proximate Building Unit or Designated Outside Activity Area, the prosed location is located just over (one-half) mile from the nearest Building Unit or Designated Outside Activity Area, and the nearest property line in located 318 feet to the east (see Diagram A). Additionally, as the proposed compressor station will operate 24 hours per day/7 days per week, the most stringent nighttime limit of 50 dB(A) may be applicable. The Kokopelli Compressor will include hospital -grade mufflers designed to achieve the Residential/Agricultural/Rural standard of 55 db(A)/50 db(A). Diagram A LIONLI � urr.w - hne•--•......rx.. c.a,. ..n..�. w.w.w .one# H---.rr.c.n..wm w..w...n.w.1 .mow Veen ---. r..an. w.... TEP RooiryMolthtaM LLC Kokopei!! Compressor General Site Lapart( April 2, 2019 2i 70 s 100 1y0 TERF 700 reel Table 1 details COGCC's zoning designations and permissible noise levels. Table 1 Zone 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am Residential/Agricultural/Rural 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 65 dB(A) Industrial 80 dB(A) 75 dB(A) SUMMARY OF RESULTS The major noise producing equipment associated with the compressor station consists of an engine/ compressor package. The engine package is an ultra -lean burn, Caterpillar G3516J, with a maximum of 1380 HP at 1400 RPM. The unit will be equipped with "Hospital" grade 35-40 dB(A) noise reduction elements by EMIT. The engine/compressor package will be housed in a structure that will provide further noise abatement. For comparison purposes, a noise survey was conducted in 2014, consistent with COGCC Rule 802.c. which states "Sound levels shall be taken at three hundred fifty (350) feet from the noise source", at the KP 32-17 2'Page well pad to evaluate potential noise impacts of a similar Caterpillar 3516B engine, which is also located on Jolley Family property. The land -use is similar and near the proposed Kokopelli Compressor Station location. The noise study at the KP 23-17 well pad was conducted to determine the noise levels of a Caterpillar 3516B engine being used for gas -lift compression. The compressors used in this study did not include hospital -grade mufflers, but included "Critical" grade 25-30db(A) noise reduction. By extrapolating the expected noise reduction utilizing "Hospital" grade mufflers, in addition to the structure, the proposed Kokopelli Compressor Station is anticipated to meet the Residential /Agricultural/Rural standard of 50 dB(A) as shown in Table 2. Table 2 KP 23-17 Noise Readings Level dB(A) Distance to Source (Feet) North 35.1 350' South 50.7 350' East 52.8 350' West 43.8 350' The closest property boundary to the Kokopelli Compressor Station rests 318 feet to the west of the proposed compressor station. If the highest noise reading from Table 2 is used along with the formula provided by COGCC Rule 802.c.(1), the noise results extrapolated at 318 feet are as shown in Table 3. Table 3 Anticipated Noise Readings Level dB(A) Distance to Source (Feet) At Property Boundary 47.8 318' 31Page TEP Rocky Mountain LLC April 2020 4-203.J. Development Agreement Per 4-202, Waiver of Submission Requirements, TEP Rocky Mountain LLC seeks a waiver for these submittal requirements. The information for a Development Agreement is not applicable to the scope of the project proposal. The Kokopelli Booster Compressor location will be permitted as an oil and gas location and will be subject to COGCC rules and regulations. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.K. Improvement Agreement Per 4-202, Waiver of Submission Requirements, TEP Rocky Mountain LLC seeks a waiver for these submittal requirements. The information for an Improvement Agreement is not applicable to the scope of the project proposal. The Kokopelli Booster Compressor location will be permitted as an oil and gas location and will be subject to COGCC rules and regulations. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.L. Traffic Study TEP Rocky Mountain LLC ("TEP") would like to request a waiver of the engineered traffic study and has been preliminarily granted a waiver of this submittal requirement per the Director of Community Development on April 19, 2019. Please refer to the report provided by Fox Engineering Solutions, Inc. (FES) under Section 7-107 (Appendix C-7) which addresses the issues of adequacy of road access to the Kokopelli Compressor site per Garfield County's Policy 01-14, entitled Waivers for Roads and Demonstration of Compliance. Included below please find the Site Access Map, the recorded McLin access easement agreement, the Surface Use Agreement and Grant of Easements with Jolley, and the existing BLM Right -of -Way access for COC73130, which provide legal access to the proposed Kokopelli Compressor location. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review ]+' 1 - -SHORT, MI CHAEL!" 6S 92W ROBIN . ` ,ANN C.ATH NE. WARD, KENNETH CLIJDIA MI: LIN ;FAMILY LLC B�JREALT` LAND.` DEMENT OF LAND MANAGEMENT • DALEY, FRANK. & SHEILA DALEY. FRAM i. Legal Description_ T6S R92W, Section 13, SWSE, SESE, NESE T6S R91W, Section 18, NWSW, SWNW, SENW, SMIE, SENE Section 17, SWNW, NWSW, NESW, SESW, SWSW, SWSE Section 20, NWNE, NENE, SENE, NESE, SESE Section 21, NWSW DALEY, FRANK & SHEILA w. rs1 BOTH, d MIE & CHANDLER VANSON.; ROGER L JOLLEY MESA 4- BUREAU OFLAND MANAGEMENT Legend ® Compressor Location Kokopelli CompressorAccess Route (Approx.4.13 Miles) Road (from Garfield County) Existing Road Parcel Ownership (from Garfield County) Kokopelli Compressor Location Site Access Map March 13, 2019 S 0 1,000 2,000 4,000 Feet T:1Projects\Piceance'Kokopellil_Specialty Projects118'Kokopelli Compressor Station 5SiteAccessMap.mxd atankersley 3/13,2019 3:10:23 PM TEP Rocky Mountain LLC April 2020 CAI rdi MN'l #, $ NiNCWA:1111141 1411111 Raception8' 78632'i e1312102Did 02:22:03 w'a Jnin AIb rloa 1 at 6 RN, Foa:886.29 Hoe pae:u-M saltrIELo counry Ca MEMORANDUM OFEASEMENT AGREEMENT Exhibit "A" (Page 1, of 7) Brit C. Maim, Sharon T. I oLin and Midnight Stir Bees LLC, a Colorado lireitxl lial itity company, whose address is P.O. Box 957, Silt, Colorado &t52, hereinafter together called "Grantor," and Williams 1todiruisai Ri43'f Company, whose address is 1515 Arapahoe Sweet, Tower'Three, Suite 1000, Denver, Colorado 80202, Hereinafter called 'Y3t ttee," have adored into Rod executed a certain Easement Agreement effective May 7, 2010 ("the i gr iiCne), undid' Ow toms of which Grantor Maki grantod Grantee a non-exclusive, Petri el road ^asenrent end right-of-way to survey, colon -net, install, maintain find use a road for sail fund gas forposos (the "Esserttent") on the land situated in Garfield County, Colorado Ole "Proper.ty"), legally desuril ad in tho attached mid Incorporated Exhibit A, stud along the ratite depicted nu tFie attached and interporatcd Exhibit B, The ten. IC Agr ment expires In accordance with the terms described therein, The purpgsc. or this Memorandum is to pro4ide record notic of tho interest of Granted in and under the Ag cmerent. Any tight, title or interest itt aid to Ilia Property ttcgir+:d by any party subsequent to tho date of recordation of this Memorandum shalt too .subject to the tons, provisions and conditions of the Agioement and the Tights and interests of Grantee thereunder, In this event of any conflict between the terms of this Memoranth ni and to terms of the Agareed:m t, tho teens of tho Agreement hall wetrol, EFFECTIVE th 7 day of May, 2.00 ISIAANIVRI By: Brit C. Melon Mvfidnight Star Brooders LAC Warim Film C. Menem Tile: Warning Momber GRANTEE; Williams Production MIT Company era J.Hotd `Title: Attorney -in -fit By: Sharon T. hicLin Midnight fgtar Breeden LLC 11Y.Lt d— Name! Sharon T. hf�Lan Tie: Managing Mernbor Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review STATE OFCOLORADO ) COUNTY OF GARFfl LD ) TEP Rocky Mountain LLC April 2020 IBIi EEl��i+3t1 PFI� LI�Gi�l�iF6=li wy iLEN! :_ IliI cEigtler tii I a.. 0.0 2 air 6 hag PA."! A6 PP6 FAb� hn i[+]IdFI=LD '.'DIRTY "6 Exhibit F"A" (page 2 of 7) STATE OF L . OLhJRADO ) COT.J 1 /p;S OP GARFIELO On thy of May, 2O10, personally appeared lallog,NrieList tgAtA2inga., before rue mown to be the parsons tteaoribed in and who axe.cu6cd the fcregoing ftLstrttoaenta,sd2 know]exlgrd hat they excei.xed ssrnoaa dtedr am and voluntary actand deed for the. uses andparpory therein set£rsrh, WitWitmau myban1l and odficia1 seal tits day rind yearfvst alcove written. / dYConiara sionExprrc . T l ! ^mot BB AN i OTAE NOTA1RY PUULCC STATE OP COLORADO ' aYYNi41 3 BefiTit me, aNotary l btic,inandforsaidCoountyendStateell xesaid, do hereby certify that Sate to .1F[a whose w tnc is subse.r]bed to the foregoing instrument ea AEtnrne im Fs a of V1JIf$ms Pratlucilq l4M1' Om 4 am., a ccap tion, appeared lief/Immo this day PC.C84X1 and &c1010tvletigcd that si* executed said i11s um9nt iaerbee and voluntary baud dud in the free and volantu,r r act and deed of said commit -ion for the uses and proposes &meal rtfor. Given under myhand Lai r eari It Sc-rd thou hday 2010 My Csonuniuion Expime: After Recordationplcase return to: -Williams Production Rill' Co Attn: Laud Dept POBOX 370 Parachute, CO 21635 Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Exhibit "A (page 3 of 7) E'th hit "A" Att&:hct Fo and matt part aftthat cattalo. McntorandoomorT,sen t/We... n:rentdatedhd� 2 U10, fly And iictx��eertl#rit C. Malta, Shawn MoLin and Midnight Stir Breeders LLC. Granter, and 44'i1ti na 1'fadectia17 RM F' Coonpanv, Gr iiiic R91 tit&' l? M„ Sbotinms 7 set ] 8; "ti651R92W, Sf2 ofLot 6, an of Lots S attd 10, maul the 113+4 8W14 of Section 7; Lots 1 2. 3. and the N7914 NW/4 of Swami IS, el] ill! Township 6S, Aga 91W; die Sf2 SH14, the S1f4 SWM-, Lot 7, srrd afl thatpatt of Let 8 tying East of st ]"inert drawn duo North and Sore through a paint 40 rods Bast from the Wit Quito"' Corner, all in Scotian 12. the Eft W2 of Se on 13; that part of the NW4 Of Section 13 described 04 beginning at the Mit of the NW/4 NW14 of Section 13, ranning thence Westcrly slang the North line of Section. 13, 100 rents to the East hark of the Ward ttitd Reynolds Ditch, iTic i x Southeasterly along the Basterly bathe of the ditch a distance of 141 rods to a Point, thence East e disissme of 35 rods to the MAL line of the 5W14 N1 /4. of Section 13, thence Northr along the East line of the laitlt mentioned gubdnrision grid slang the outline of the NWt4 NW4 of &Oka 13 a rxRt.$troe of 122 rods to the point of beginning, ail in Township 6S, Rouge 92117; EXCEPT` that portion of the above described land which ties North and Past and West of the fallowing 8eap'ibed lute (which line is one of the boundaries 'of that certain tract of land conveyed to The 114outaver by deed monied at 195/495 to wit, Beginning at apoint which bean South 33 d 2.5' West a distance of 10Ct2.0 foot from the SWIC of section 7-63r91W, thw a soak 34° 07' West a distance a 1763.4 feet, themes: South 35° 56' West a distance of 1091L4 feet. thence Scut 76° 07' West a distance of 597,1 $rot, thetas South 77° 24' West a distance of 7834 feat, theme North 79' 59' West a distance of 759,4 finet, thence Noah 81° 14' West a distance of 22i feet, thence North 11" 35' West a distance of 113,0,feet, dui= Sarah d3" 55' Wettta distance of 76.0 feet, thence North 1 Y' 07' Wear a d;8tanco of 30.0 feet, thence North 22.° 55' Batt a &tame of 150.5 fact, thence North 03' 23' Elm. a distance of 45,01'eet. thane North 38' IO' West a distance of 72.0 feet, thetlCt North 56` 44 bleat a distance of 36,0 feet, thence North 75° 30' West a distance of 34.0 feet, thence Nth 030 23" West a tli;steoice of 19.0 feei, !Mom West a distance of 59.9 fit, thence South 0l° 24' East a distnneo of 320.i3 treat, tholice North 81 ° 14' We a distance of 235.9 feet. the ico North 62° 54' West a distance ant"' feet, thence Nordic 69° 05' West a din&tom of 434.0 f t, thence North 83° 13' West a distance of 3 -0 fit, thence North 28" 01' West a distance of 540.5 fee!, Branco North 389 28' West a d'tstuncx of 221,0 feet, thence North Eft' 34' Writ a distance of 22.6.0 feet, thence North 67" 23' West a distance of 392.7 feet, thence Seim 72° 20' Wr 4 r distance of 238.0 feet, thence West a d'+sEsnco of 13.0 t, thence duo North along the North and South oentcdino of 7 of 8, Seetient2- 6S-92W to the Sovv bank of the C eIorado Ether, EXCEPT from Lot & of said Section 12 gut puation thereof which lies South of a line beginning at the meter of the Bast boundary of Maid Lot S and running North 75° 58' West a distance of 680.4 feet, more or less, to avant which is 40 rods East of the West line ufsctid La a; Exam from Lot 7 of said Section 12 the following described tract; Booming at the SWIG of said Lot, thence naming North aft og the West line of said Lot a distance of 660.0 feet, thonco South 16° Oa' 36" But a durance of 6861 feet to a rock set on the South This of said Lot 7, thenco West along rho Smolt lino of said Lot? &distance of 190.0 feet to the point of beginning; Rec�ptiart#: raeasd 45121123143 02:22:es ppl Jean iitbert°° 8 sr 5 Rea FO4;$th.28' M:I Iea:e.eg WITEL.9 comp, G9 r„r 'r/1F•�!Fall Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Exhibit "A-1° Aa cb.ed to and emk pant cdiliat maairt hdrInrmind I nn OfrEaSemprekAgrccroentAirdl T. 2010, 1 • uu1 PoLlAc.cn PTA C, Mc in Shoopp P 4r,1,in and Midrn;tit ;its' L}reedbrs LLC., iiraulor, ind ii]ian3s Produr;tion Ra41T ConTany, Grentoc EXCEPT from thee BEM SW/4 of said Section 12 that imam the of which 1ios South and West: of a line beginning et a point on the North line of salt SEA SWl4 a alum of 1130.0 feet West of the i C thereof and running fiance $troth 28° 14r 28" east is distance of 1498.36 feet, mooch or 1er;5, to theSouth fine of said SEl4 SW/4 at a point thereon which is a distance of 421.0 feet Wail Eddie REfC of saki 13El4 SW/4; EXCEPT ]3egiuning at the South QuarterCbmer of Section 7, estoric in place, them:, Soolb 89° 39' 1E° West along the SoutIrtly line of ScoOnn 7 a distance of 130E}.83 feet to die West S taomth Cotner bemoan. Section '7 and S. a Cher and rap in place, the Inc point of bogilming, thence Now 78' 27' ZI" West a dislarfce of 2592.23 fcct, thence Norht 00° 001 00" West a distance of 181,12 €cet to a point an the So uthraly right-of-way of County Rana Number 335, theme Sentlx 79° 44' 03" Bast along said right-of-way a &stance of 419.70 feat, thence continuing along said right-of-way along the arc of n curve to the left hawing n taigas of 345.25 fed and a oenttal angle of 22° 57' OS" a dif`tanco of L3130 fc t (thud hears North $.13° 43' 23" East a Manna of 737.18 fill), thenca aooetmtatng along said right -a --way North 77° 14' 49" East a distance of 1141 feet, thence condoning along said t-o -way along the aro of carve ie to felt having s radius of 382.48 feet, a wird angle of 43° 05' 29' a disteooe of 28746 feet (chard bears North 55° 42' O5' East a distance of 2t30.93 font). thence continuing along said fight -awe MIA 34° {79' 20" East sl distance of.398.GQ fast, thence South 680 L4' 08" Enst a dim of 476,44 feet 4o a point on the Easterly ]lnc cite SW/4 SW14, a rebnr and cap, thence Son 00° ' 13" alit along said Eaatcr]ir ]inn a distertao of 105,18 feel to the [rate paint of III 1,1124151fi lgL4d d1 f °�;��R IN. FPI 01111 �;f.i -I! 796322 "3f2i0Cik] a1:9264 ]h P.4 teen Rar 4of Reg {ae;sd6.Y6 4Eo E°a_g.ep EL] c[ulrY Exhibit "A'T (page 4 of 7) Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 ■IIIMPPIri'r111.11ANGh>f4`.1ihelll11.;l11 11I9i11III FkG, iorsa : v : 12a �•S� ir�3 U ,32 22:0 FM Jew- plae-ica Or L Rar era:;?6 AE ROG ree.3.1}0 UARF[Eld Ccuurr co Ehbie" i t6EWA made purl of that certain MemaiandumorEssoment Agreement dared lid 2OJ(1 By tocf Ec0o xo Brit C. McLln, S!iaron Megan and Midnight Sty Breeder 1.1 +C_ Granter. and Wg.lierns Prodndien. Rh1T Co r, Grantee Exhibit "A"' (Page 5 of LAP cudmete length or proposed road on McLin surface is 4,2D2 feet Peel Propowd Road Existing Road Parcel Ownership {from Garrield County} 4+•U________a'IG011's.rNrtm4i &mire anariala4.175a FYh Williams Production RMT McUin Proposal Road Easement Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Ethibit "A" " --•.. ----,- -- (page 6 of 7) allirr errepmwarewm R pfIiors- �rsye#{4 R Nao 4Taig pp- F'�°°'mr0 a ' ngFI 1. esuan. na Meanioraudpn OL . SUP -RACE USU. AGREEMENT AND GRANT Or EASUMENTTS Effective the Zath daffy of November. 2007, SUR.PACB USE AGREEMENT AND GRANT OF EASEMENTS "Agreeni 1{] by and betwcan YarNT S, JOLLY, wvhoae address is 532 Canyon k Drive, gleuweed Springs, Colorado 816013 BUTT L. MUM', whose css is 1288 County Road 245, New Castle, Colorado 8! 649, RICHA RD AND X4kitY JOLLEY FAMILY LL,LP "Dumer" }, end ORION ENERGY PARTNERS L.P.. whose address is 1675 Bros way, Suite 2000, Denver, Colorado 802012 rOpetarofl was entered into, ()Amer oulu the surface of the Iva! prof fty in Garfield County, Colorado (the `Property"}, legal I deacaibeci as; ns1-,ip_6Somme914 i.est,J F- Soctiou 7: tag..5 Section Si E/21512,Wl2SW, S$SW, SWSE Scotism 9 W1' WI2 Sections 16: W/2, the south 330 foot of SVJ$E Section 17; N12, , N12SW, SWEWT Sccdion t 8; NE S4Clion oa: EI2E23 ►ATV NE, NEATEN Soak% 2 i s NWNE, NENW Operator is the owne,laperat - rt.': a wticitig. intemt ir- .on Off! and Gas Lase. dated ranuery 17, 1994, molded in Book 775 at Page 629, of the Garfield County records granted by Richard C. rnlley, rhiiyLoolsoirolloy, Brett X..Tolley, IC.ent S. Josl;^y and Ain; L, Jnilny; and U.S.A. Oil and t3a s Lee a COC 51146 c! ee4 April 1, t990, and reonrded in Book 176, Page 908 of the Garfield County records (together the "Leases"}. Oper'Adshes to drill additional oil and gas wells en de Property and directionally to adjacent iai ds far the extraction of hydeeQarbara Owner pteviously entered into a Surface Ux�, Access and R g t-ox-VPny A *eantnt slated She 28, 1951, end a ,batter Agtrmerlt dated May 6, 21:103 and refolded at P.m& 1531, page 424 of the Garf`[e1d auk and Recorder's Office {Prior 1 1esa Aga..erants"} which will be. rep coed in its entirety by this the Nowniber 28, 2007 Surface Use Agreement and Gram of Eesema- Tlri6 Meroorandam of SurflieelOse Agreexnemt and Grant E.3 f Zumments is plaaorl ofrsraord In Cl arfidd cow*, cola -ado to provide noct a easy of i15 mcisteiloa. Alt terms and r_.onditians contained in said Swim Use Agreement and Grain ofbasetnnntc vonsain ecnfi6otia1 lretorea the Owner and Operator. l Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 ose #r �; 772 F 4 �4d +33�' qC3-27. 6b 7.1 J�� � IIII:c: Irn n 2 §ao ea _�J21_DS ys, v.� a.cr r; r4:!ci n -.l lrr {'p OPERATOR; ORION MCI'? t F Tin LP. B add Koss Land MAIkElger STATE OP OoLoI ro COUNTY OF DI NVE,R ,ss j Fxhiipi t"A" (page 7 of 7) The fcrcgcirng iestrum # wfis sobscaibed and sworn tobcfom ova optJuly 24, 2069, by Todd KAStrom as Land Manager afOriou Etictgy" Parham L.P. My commissioc expismowinu f71 i Witne4.s Ofif."D 'rlIIL4lll-- Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 BLM Right -of -Way COC73130 (Legal access through BLM surface to Kokopelli Compressor) Run Date/Erne: 8.05.201g 12:27 Ph1 01 10-21-1976 ;69OSTAT277fi;d3US C 1781 Casa Type 281401: ROW -ROADS Commodity8.7tr OTHER ENERGY FACILITIES Casa Dispositi. n: AUTHORIZED Name & Address DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CASE RECORDATION (MASS} Serial Register Page Total Acres- fi_060 Case File Juris: COLORADO RIVER VALLEY FIELD OFFICE Page ' 0= Serial Number COC 073130 Serial Number: COC— - 073130 In# Rel % Interest TEP FLCICY JNTAIN LLC r699 CCU wry ROAD 215 PPR4C:tLRE CO E163Ei779 -ICLC 51 E iU 01:0XDJ Serial Number: COC-- - 073130 Mer Twp Rng Sec 5Type Nr Sufi Subdivision District) Field Office County Mgmt Agency •]E ECEd; M.1170 D17 AW WON, CM:M..130 P11ER VALLEY GB.YFI=LD 8LF%.411 OF LAND UeAfT FO •]E Grb] ; CE1Nd G16 ALId MI& CCLORADQ PoUBi VALLEY G43F1ELD EILREAL. FF LAND %GMT FO RelinquishediWithdrawn Lands Serial Number: COC-- - 073130 Serial Number: COC-- - 073130 Act gate AcI Code Action Tad Action Remarks Pending Off 101272008 124 AF'W RECD 11,252008 DIM NEPA ANALYSIS APPROVED SCE-CO140-08-108. 1 i/251200B 843 CAT4 COST RECOVERY -PROD 11J25'2000 BBC CAT 3 COST RECOVER Y-MOF 12012008 005 COST RECOV (MON) RECD $712.00; 12JOA2008 111 RENTAL RECEIVED $450.79;TERM 12101'200e 071 COST RECOV (PRCC} RECD $1021.00; 12012'20E8 307 ROW GRANTED -ISSUED 12/1212008 502 LENGTH IN FEET 1325_ 1 123122008 504 WIDTH IN FEET {TOTAL} 35; O 1/221200g 041 COlhPL EXAMIRFT COMPLETED HASKINS D71272910 COO RECORDS NOTED 11J072014 140 ASGN FILED 02128'2015 130 ASGN APPROVED FROM ORION ENERGY; O 31312017 140 AS GN FILED D51312e17 841 CAT2 COST RECOVERY-PROC D8J092017 971 COST RECOV (PROC) RECD $433.00;1 13311d"2017 005 NEPAANALYSIS APPROVED CX-CJO-ND40-2D17-1D9; T112112017 130 ASGN APPROVED. rRROM WPXENERGY; NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Run Dateffime. _. 5;__1`- '327Prvl Act Date Act Code Action Txt DEPARTMENT OF THE FP TEFdOR BUREAU OF LAND MANAGEMENT CASE RECORDATION AMASS} Serial Register Page Action Remarks Page 2CF2 Serial Number: COC---- 073130 Pending Off 12f31A21137 763 EXPIRES D1101.2033 097 IQE (T BILLING DATE Line Ilikriaber Remark Ted Serial Number: COC-- - 073130 O001 ACCESS ROAD TO FEE ➢ ELLS NO WARRANTY IS MADE BY BLP FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BIM Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.M. Water Supply and Distribution Plan The proposed project does not require water for the installation, maintenance or operation of the facility. Personnel installing and operating the facility will bring their own potable water to drink to work every day, in a container of their choice, in their vehicles, as typical for oil and gas field personnel. TEP Rocky Mountain LLC will not provide water at the facility. The project is located within an existing oil and gas field and will occur on an existing oil and gas location. A water supply plan, per Section 4-203.M., outside of what has been indicated is not necessary for this project. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 4-203.N. Wastewater Distribution Plan TEP Rocky Mountain LLC provides employees porta john facilities on the following locations within the Kokopelli operating field: KP 34-17, KP 24-17, both are less than a 5-minute drive from the Kokopelli Compressor location. The porta johns are serviced weekly by Western Colorado Waste. Please see the attached map detailing the location of the porta johns. Please see supporting documentation of services provided by Western Colorado Waste. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review BUREAU OF LAND .I;\ZLANAGEMENT 1078 ROAD .335 LLB DALEY, FRANK & SHEILA DALEY, FRANK & DALEY, FRAN SHEILA & SHEILA Kokopelli Compresso Location'::. STATE OF COLORAD;O DIVISION OF WILDLI JOLLEY MESA LLB JOLLEY ., MESA BUREAU,: OF LAND MANAGEMENk- ENERL- l‘RTNE P5 Legend • Compressor Location • Porta John Location Existing Road Parcel Ownership (from Garfield County) Kokopelli Compressor Wastewater Plan Porta John Locations August 27, 2019 S 0 800 1,600 3,200 Feet T:\Projects\Piceance\Kokopelli\_Specialty Projects\18\Kokopelli Compressor Station\WastewaterPlan.mxd atankersley 8/27/2019 4:19:52 PM ESTERN OLORADO June 25, 2019 Mr. Eric DeKam WPX Energy Rocky Mountain, LLC. 1058 County Road 215 Parachute, Colorado 81635 Dear Mr. DeKam, WESTERN COLORADO WASTE, INC. Mailing Address: PO Box 26, Mack, CO 81525 Physical Address: 910 Coffman Road, Whitewater, CO 81527 Office #: 970-255-7072 Fax #: 970-255-7080 This letter is in confirmation that Western Colorado Waste, Inc. provides services to said pads: KP 24-23 and KP 34-17. Each pad has one (1) porta potty on the location site. These porta-potties have field services once a week on Wednesdays. Western Colorado Waste, Inc. will continue to provide services to the Kokopelii Field on the weekly basis until services at said locations are no longer required. It is an honor to serve you and meet your needs. Warm Regards, Michelle Moran Office Manager WCW, Inc. (970) 640-8453 wcw.mimo©gmail.com TEP Rocky Mountain LLC April 2020 Article 7 — Standards Division 1— General Approval Standards 7-101— Zone District Use Regulations The project is located within the rural zone district and complies with the applicable zone district use restrictions and regulations. Table 3-403 in the LUDC allows the use of booster compressors in the rural zone district. 7-102 — Comprehensive Plan and Intergovernmental Agreements The proposed Land Use Change is in general conformance with the Garfield County Comprehensive Plan. Section 9 — Mineral Extraction of the Comprehensive Plan states the vision: "Resource extraction, including oil and gas development, has been encouraged to remain in the county due to their contribution they make to the county's overall goal of having a diverse and stable economy. While resource industries are welcomed in the county, they have been expected to fairly mitigate negative impacts that might have resulted due to their operations." Section 9 #4: "Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the LUDC to maintain compatibility with surrounding land uses."The proposed Kokopelli booster compressor is an appurtenant facility for natural gas production and is in general conformance with the Comprehensive Plan 2030. There are no intergovernmental agreements associated with the parcel. Please see e-mail from landowner as attachment in Appendix A-7 of this report. 7-103 - Compatibility The project will occur within an existing oil and gas field on Jolley Mesa and is compatible with the surrounding land uses for nature, scale and intensity. The project will be located on an existing pad location operated by Williams (see letter agreement in Appendix B-7). Table 3-403 in the LUDC allows the use of booster compressors in the rural zone district with Administrative review and approval. 7-104 — Source of Water A. BOCC Determination — TEP Rocky Mountain LLC would like to request board approval for the narrative below. B. Determination of Adequate Water — The proposed project does not require water for the installation, maintenance or operation of the facility. Personnel installing and operating the facility will bring their own potable water to drink to work every day, in a container of their choice, as typical for oil and gas field personnel. TEP will not provide water at the facility. The project is located within an existing oil and gas field and will occur on an existing oil and gas location. A water supply plan, per Section 4-203.M. is not necessary for this project. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 7-105 — Central Water Distribution and Wastewater Systems A. Water Distribution Systems — not applicable to the project, see narrative below. B. Wastewater systems — not applicable to the project, see narrative below. TEP provides employees porta john facilities on the following locations within the Kokopelli operating field: KP 34-17 is less than a 5-minute drive from the Kokopelli booster compressor location. The porta john is serviced weekly by Western Colorado Waste. 7-106 — Public Utilities Use of public utilities is not anticipated to occur to support this project. 7-107 — Access and Roadways Please see Appendix C-7 of this report for supporting documentation and a narrative for Policy 01-14 — Waiver for Roads and Demonstration of Compliance. 7-108 — Use of Land Subject to Natural Hazards Based on analysis of potential natural and geologic hazards, as outlined in the Fox Engineering Solutions (FES) report supporting Section 7-108, it is the opinion of FES that hazards identified in the LUDC have a low probability of impacting this site and the booster compressor. Mitigation of said hazards does not appear to be warranted at this time. See Appendix D-7 for supporting documentation. 7-109 — Fire Protection A. Adequate Fire Protection — The location has adequate fire protection. See Appendix E-7 for documented conversation. B. Subdivision — The location is not within a subdivision. Division 2 — General Resource Protection Standards 7-201- Agricultural Lands A. No adverse affect to agricultural operations will occur. The project site will occur on an existing oil and gas location. B. Domestic Animal Control — Dogs or other animals are not allowed on location per TEP field operating rules. C. Fences — The location will be fenced as depicted in the facility diagram (see Appendix F-7) and will conform to code. D. Roads — See section 7-107, Access and Roadways for explanation. No additional site disturbance is anticipated. E. Irrigation Ditches — No irrigation ditches occur within the project area. 7-202 - Wildlife Habitat Areas TEP Rocky Mountain LLC ("TEP") consulted with Colorado Parks and Wildlife on the Kokopelli Booster Compressor oil and gas location in 2019 as required by the COGCC in preparation for submitting a Form 2A. TEP proposed implementing Wildlife Best Management Practices (BMPs) at this location to eliminate Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 or minimize potential adverse impacts to wildlife and wildlife habitat. Please see Appendix G-7 Proposed Best Management Practices and CPW Correspondence for supporting documentation and correspondence between TEP and CPW in September 2019. Please see Impact Analysis Appendix F Environmental Impact for additional supporting documentation on Wildlife Habitat Areas. 7-203 — Protection of Waterbodies Based on a review of adjacent waterbodies, the proposed site and booster compressor are located outside of both the 35 ft. setback and 100 ft. setback for hazardous waste. The proposed location of the booster compressor exceeds the required setback distances to the ordinary high-water marks (TOHWMs). Please see attached supporting documentation in Appendix H-7 of this report. 7-204 — Drainage and Erosion Erosion and sediment, drainage and storm water run-off have been evaluated. Although storm water control measures will be implemented for the construction of the Kokopelli compressor and associated piping, a formal Storm Water Management Plan under the regulations of the Colorado Department of Public Health and Environment is not required for construction activities with less than 1.0 acre of disturbance. As such, no formal Storm Water Management Plan is required for the construction activities associated with this project. See Appendix 1-7 for supporting documentation and detailed drainage plan. 7-205 — Environmental Quality A. Air Quality — The land use change shall not cause air quality to be reduced below acceptable levels established by the CDPHE AQCD. See the Other Permits tab in the permit application for CDPHE air permitting. B. Water Quality — All hazardous material shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. See Grading and Drainage Plan, Article 4- 203.E., for site -specific details. 7-206 — Wildfire Hazards — Appendix 1-7 for supporting documentation A. Location Restrictions —The location is within the low -moderate wildfire hazard index. The location resides on an existing non -vegetated oil and gas location. The location is vegetation and weed free for safe oil and gas operating standards. In the event of a flash fire from the location, it is not anticipated the surrounding grassland would be impacted. Vegetation in the surrounding area consists of grassland. In the event of a wildfire, the location would be remotely shut down. B. Development Does Not Increase Potential Hazard — The project will occur on an existing graveled oil and gas location. The proposed project complies with OSHA and COGCC operating procedures and is not anticipated to increase the potential hazard for wildfire. C. Roof Material and Design — the compressor will be housed in a steel -non insulated building with a steel roof. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 7-207 — Natural and Geologic Hazards Based on analysis of potential natural and geologic hazards, as outline in the Fox Engineering Solutions (FES) report (see Impact Analysis Appendix D), it is the opinion of FES that hazards identified in the LUDC have a low probability of impacting this site and the booster compressor. Mitigation of said hazards does not appear to be warranted at this time. 7-208 — Reclamation A. Applicability — Reclamation standard as described under section 7-208, Reclamation, of the Garfield County LUC will apply to the Kokopelli Compressor site. B. Reclamation of Disturbed Areas — Areas disturbed during development of the Kokopelli Compressor site will be restored as natural -appearing as reasonably possible with the adjacent undisturbed landscape. Reclamation activities will be in conformance with COGCC Rule 1000. 1. Contouring and Revegetation — The Kokopelli Compressor site will be contoured and revegetated per Section 7-208.B.1 of the Garfield County LUC. Cut and fill slopes will be constructed with slopes no steeper than two (2) feet horizontal and one (1) foot vertical. The designed slopes for this location are generally much shallower. Please see the Site Plan, Article 4-203.D, for additional details on site construction. The cut and fill slopes of the proposed construction, and the pipeline construction disturbance will be reclaimed. Stripped topsoil will be placed on the disturbed areas after regrading and installation is complete. The disturbance areas will be seeded with a diversity of native and/or beneficial nonnative species capable of supporting the post -disturbance land use. Reclaimed areas will be periodically monitored for reclamation success as described in the standard. Please see the Impact Analysis Appendix B Site Features for additional details on pad reclamation. 2. Weed Management — A weed management plan as described in Impact Analysis Appendix B will be employed for all Garfield County and State of Colorado listed noxious weeds. 3. Application ofTopsoil—Topsoil will be stripped and stockpiled for use during reclamation. Prior to seeding, topsoil will be spread to a uniform depth to promote the establishment of desirable vegetation. Soil samples may be collected once re -contouring and topsoil redistribution has occurred to determine if any soil amendments are be needed. Topsoil management will be in conformance with COGCC Rule 1000. 4. Retaining Walls — Not applicable to this project. 5. Slash Around Homes — Not applicable to this project. 6. Removal of Debris — All site debris will be removed from the site within six (6) months of construction as described in the standard. 7. Time Line Plan — Per COGCC Rule 1003.b, interim reclamation will occur no later than six (6) months following completion of construction activities. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Additional site disturbance is not anticipated to occur for the implementation of the booster compressor. The oil and gas location is currently in interim reclamation with the COGCC and the Colorado Department of Public Health and Environment (CDPHE) National Pollutant Discharge System (NPDS) Storm Water Permit. An additional Reclamation Plan or Weed Management Plan are not required, per the pre -application conference dated June 9, 2014, since there will be no additional site disturbance to implement the booster compressor at the existing KP 24-8 oil and gas location. Division 3 — Site Planning and Development Standards 7-301— Compatible Design - The project will occur within an existing oil and gas field on Jolley Mesa and is compatible with the surrounding land uses for nature, scale and intensity. The project will occur on an existing oil and gas location. A. Site Organization — there are no streets and lots, solar access, public parking, pedestrian access for this project. B. Operational Characteristics — nuisances will be mitigated as follows: 1. Dust, odors, gas, fumes, and glare — the access road will be watered per the maintenance agreement, as applicable, to mitigate dust; odors/fumes will be mitigated through the exhaust system and will be in compliance with CDPHE General Permit (GP)- 02; glare will be minimized, the location will be painted desert tan to blend into the surrounding area. 2. Noise — the facility will be in compliance with COGCC Rule 802 for noise abatement. The facility will comply with COGCC Rule 802 Residential/Agricultural/Rural noise standards as follows: 7:00 am to next 7:00 pm — 55 dbA 7:00 pm to next 7:00 am — 50 dbA See Noise Analysis in Impact Analysis Appendix G for supporting documentation. 3. Hours of Operation - The location will be operated 24 hours a day, 7 days a week, 365 days a year. See Section 7-1001 below. C. Buffering — the location will comply with COGCC rule 802 noise requirements, the building for the booster compressor will be painted shadow grey to minimize visual impacts. A 2D visual analysis was completed and is attached as supplemental material in the 2D Viewshed Analysis (Appendix K-7). The nearest building is over 1/2 mile away from the project. It is not anticipated that the implementation of the project will impact residents or the surrounding area. D. Materials — the building will be constructed with materials that do not detract from adjacent buildings or uses. 7-302 — Off-street Parking and Loading Standards — The project will be located on an existing oil and gas location consisting of approximately 0.45 acres. All oil and gas locations are designed for safe vehicle access and back in parking. Parking is not allocated in a specific area due to the nature of oil and gas operations. There is no public access to the location. Both accesses to the Kokopelli field are gated and locked. Only operating personnel are allowed on location. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 7-303 — Landscaping Standards — The Kokopelli Booster compressor is designated as Industrial Use, and therefore under section 4-118, Waiver of Standards, TEP Rocky Mountain LLC ("TEP") is requesting a waiver from Landscaping Standards as per Standard 7-303 "...Industrial uses...are exempt from this section." TEP is seeking approval of a Form 2A — Oil and Gas Assessment Permit — from the Colorado Oil and Gas Conservation Commission (COGCC) for the Kokopelli Booster Compressor location. Upon approval of the Form 2A the location will be subject to COGCC's reclamation requirements under COGCC Rule 1001, which are stringent and appropriate for the requested land use and scope of the project. 7-304 — Lighting Standards — TEP will install three (3) external downcast flood lights on the compressor building, which will all be directed inward towards the interior of the facility. Please refer to the Lighting Study in Appendix J-7. The nearest building, which is over % mile away from the proposed compressor location, is not within the viewshed as shown in the 2D Viewshed Analysis (Appendix K-7) and is visually separated by vegetation growth. 7-305 — Snow storage removal — the access road to the Kokopelli location will be taken care of per the maintenance agreement. TEP does not plow oil and gas locations. In the event of large snow amounts, field personnel will chain the wheels on their truck to allow for safe access. A. Minimum Area — not applicable B. Storage in Parking Spaces Prohibited — not applicable, there are no parking spaces C. Storage in yards and open space permitted — snow plowing will not occur on location, not applicable D. Storage in public roadways prohibited — snow plowing will not occur on location, not applicable E. Drainage — adequate drainage shall be provided at the oil and gas location to accommodate snowmelt and to ensure it does not drain onto adjacent property. See 4-203. Grading and Drainage Plan for additional drainage details and supporting documentation. 7-306 — Trail and Walkway Standards — A. Recreational and Community Facility Access — not applicable, this is not a recreational or community facility nor will the public have access to the project location. B. Safety — TEP will comply with all OSHA standards for oil and gas locations C. Maintenance — TEP will comply with all OSHA standards for oil and gas locations Division 10 — Additional Standards for Industrial Uses 7-1001— Industrial Use A. Residential Subdivisions — The project does not occupy a lot in a plated residential Subdivision. B. Setbacks — The project is not located within 100 feet of a property line. The nearest property line is 318 feet away (see 4-203.D Site Plan for supporting documentation). C. Concealing and Screening — The booster compressor will be located in an enclosed building to mitigate noise, odor and glare. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 D. Storing 1. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. 2. All products shall be stored in compliance with national, State and local codes. 3. All storing shall be a minimum of 100 feet from an adjacent property line. 4. Petroleum and hazardous products shall be stored in compliance with the 40 CFR 112 Spill Prevention Control and Countermeasure Plan (SPCC). E. Industrial Wastes — All industrial wastes shall be stored and disposed of in a manner consistent with Federal and State statues and CDPHE requirements. F. Noise — The booster compressor will be housed within a building. The facility will be in compliance with COGCC Rule 802 for noise abatement. The facility will comply with COGCC Rule 802 Residential/Agricultural/Rural noise standards as follows: 7:00 am to next 7:00 pm — 55 dbA 7:00 pm to next 7:00 am — 50 dbA See Noise Analysis in Impact Analysis Appendix G for supporting documentation. G. Ground vibration — The proposed booster compressor is factory -built and skid -mounted. The compressor skid will be placed on a 42-inch thick, steel reinforced concrete foundation system and bolted to the foundation. Synthetic anti -vibration pads are placed between the skid and the concrete to dampen vibration. To further mitigate unit vibration, the compressor vendor will balance reciprocating weight to within 1 Ib. across opposing crank -throws, compared to the manufacture's tolerance of 2.5 lbs. of reciprocating weight. The Kokopelli booster compressor well pad is located in Garfield County within the Rural Zone District which is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The location has been utilized for natural gas processing for several year. The nearest structures include a pig -launcher on the existing pad, and oil and gas wells, associated production equipment and tanks located northwest and due north/northeast of the location. The nearest residential dwellings are located over 1/2 mile to the north. No vibration related impacts to adjacent structures or dwellings are anticipated with the operation of the Kokopelli booster compressor. H. Hours of Operation — TEP Rocky Mountain LLC and is seeking a waiver of Standard 7-1001. H. pursuant to Section 4-118 to operate the booster compressor 24 hours a day, 7 days a week, 365 days a year for artificial gas lift. The Kokopelli Compressor will be located on a pad currently used for oil and gas operations, and adjacent to two existing oil and gas locations operated by Vanguard Operating LLC. The proposed project is consistent with oil and gas operations surrounding the proposed location and will be subject to COGCC rules and regulations. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 I. Interference, Nuisance, or Hazard - Every use shall be operated so that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Appendix A-7 Intergovernmental Agreements Documentation Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review From: Bryan Hotard To: Jeff Kirtland Subject: FW: Jolley Compressor Date: Wednesday, September 11, 2019 8:24:35 AM FYI Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 POBOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TER } M*QGT pMAT,yEpi Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Kent Jolley <kentjolley@sopris.net> Sent: Tuesday, September 03, 2019 1:19 PM To: Bryan Hotard <BHotard@terraep.com> Subject: RE: Jolley Compressor Hi Bryan, To the best of my knowledge, there are no intergovernmental agreements in place on our property. Kent Jolley From: Bryan Hotard [mailto:BHotard@terraep.com] Sent: Tuesday, September 03, 2019 9:18 AM To: 'kentjolley@sopris.net' <kentjolleyPsopris.net> Cc: Jeff Kirtland <JKirtland@terraep.com> Subject: RE: Jolley Compressor Good morning Kent, I hope you had a wonderful time in Russia! We are getting very close to submitting the permit for the compressor on your property and we needed to know if you knew of any intergovernmental agreements in place on your property? I know when we permitted the KP 24-8 compressor you did not have any, but I thought I would ask just in case something had changed. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 PO BOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TERRA Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Bryan Hotard Sent: Thursday, August 15, 2019 10:06 AM To: kentjolley@sopris.net Cc: Jeff Kirtland <JKirtland@terraep.com> Subject: Jolley Compressor Good morning Kent, I hope all is well! We are getting ready to submit the full Land Use Change Permit for the new Jolley Compressor and the last thing I need from you is to know if there are any intergovernmental agreements in place for your property. I know when we permitted the KP 24-8 compressor you did not have any, but I thought I would ask just in case something had changed. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 PO BOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TERi Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. Appendix B-7 Compatibility Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 TER November 1, 2018 Williams Field Services Company, LLC One Williams Center MD WRC3-7 Tulsa, OK 74172 (918) 573-5569 Attention: Dennis Widowski Re: Waiver Letter regarding Amended and Restated Gas Gathering, Processing, Dehydrating and Treating Agreement dated August 1, 2011, by and between Williams Field Services Company, LLC ("Williams") and TEP Rocky Mountain LLC (fka WPX Energy Rocky Mountain, LLC) ("TEP" and, together with Williams, the "Parties"), as amended (the "Gathering Agreement"); Compressors Dear Dennis: TEP is considering the installation and operation by TEP of one or more compressors upstream of the Kokopelli Pipeline and on other gathering pipelines owned by TEP that are described in Exhibit 1 (the "2018 Straddle Compressors"). This letter agreement (this "Letter Agreement") sets forth an agreement between the Parties related to the Gathering Agreement. All capitalized terms used herein, but not defined herein, shall have the respective meanings given to such terms in the Gathering Agreement. 1. Williams hereby (a) waives the rights of Williams, under Section 2.7 of the Gathering Agreement, with respect to the installation and operation of the 2018 Straddle Compressors by TEP and any use of Shipper's Gas by TEP for such operation, and (b) agrees that TEP may (but shall not be under any obligation to) install and operate, at its sole cost and, except to the extent otherwise provided in the Gathering Agreement, its sole liability, any 2018 Straddle Compressors and use Shipper's Gas to start-up and fuel such 2018 Straddle Compressors. This Section 1 shall not apply to any compressor that is not the 2018 Straddle Compressors. 2. The Parties intend, by entering into this Letter Agreement, to only provide certainty that TEP may, at its election, install and operate the 2018 Straddle Compressors, and use Shipper's Gas to start-up and fuel such 2018 Straddle Compressors, without breaching the Gathering Agreement. As such, except as expressly, and for the limited purpose, provided in Section 1, (a) none of this Letter Agreement or any action or inaction by either Party in connection with the installation or operation of the 2018 Straddle Compressors, or the use of Shipper's Gas for such operation, has (i) modified, amended, or waived, or may be used to interpret, or shall modify, amend, waive or be used to interpret, any right or obligation under the Gathering Agreement (including, without limitation, any right or obligation to provide any other compression or other gathering service thereunder or whether any consent from Williams is required under the Gathering Agreement), or has established or shall establish any precedent related to the interpretation of, or shall be used to seek or justify similar terms under, the Gathering Agreement Terra Energy Partners LLC 4828 Loop Central Drive, Suite 900 Houston, Texas 77081 TERRA or (ii) been or shall be an admission or a waiver of any fact or circumstance with respect to, or any right or obligation under, the Gathering Agreement (including, without limitation, any right or obligation to provide any other compression or other gathering service thereunder or whether any consent from Williams is required under the Gathering Agreement), and (b) the Gathering Agreement shall remain in full force and effect. 3. This Letter Agreement shall be interpreted, construed, and governed by the laws of the State of Colorado, without regard to choice of law principles thereof. This Letter Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original and such counterparts together shall constitute one instrument. Sincerely, TEP By: Name: ruce risman Title: VP Midstream & Marketing Acknowledged and agreed as of the date of this Letter Agreement: WILLIAMS FIELD S By: Name: Glen G. J Title: VP/GM Pice Terra Energy Partners LLC 4828 Loop Central Drive, Suite 900 Houston, Texas 77081 RVICES C MPANY, LLC Exhibit 1 Kokopelli Compressor Purpose: Straddle compression to boost Kokopelli production upstream of current CDPs Proposed location: Garfield County, Colorado T6S, R91W, Section 20, SE quarter Near WFS Dry Hollow Interconnect location South Rulison Compressor Purpose: Straddle compression to boost South Rulison production upstream of current CDPs Proposed location: Garfield County, Colorado T6S, R94W, Section 28, SE quarter Near RMV 34-28 Pad location Terra Energy Partners LLC 4828 Loop Central Drive, Suite 900 Houston, Texas 77081 Appendix C-7 Access and Roadways Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Fox Engineering Solutions, Inc. May 24, 2019 Adam Tankersley Planning/GIS TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 7-107 Access & Roadways, Garfield County Land Use and Development Code SE'/4 Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the issue of adequacy of the road access to the Kokopelli Compressor site per Garfield County's Policy 01-14, entitled Waivers for Roads and Demonstration of Compliance. FES understands that TEP Rocky Mountain LLC (TEP) has been preliminarily granted or will be granted a waiver of the submittal requirements for the engineered traffic study per the Director of Community. The basis of our discussions and information below has been obtained from TEP's staff, FES's knowledge of TEP's operations and from a field inspection of the access road. As proposed, traffic to the proposed Kokopelli compressor will come off of County Road 311 and turn east onto a privately owned and operated gravel road supporting the Jolley Mesa gas field. See Section 4-203.D Site Plan, located in TEP's application submittal package, for a map of the roads associated with the project. See Exhibit A of this report for a map of the access road/route off of CR 311. Narrative for Policy 01-14 — Waivers for Roads and Demonstration of Compliance TEP is applying for a Land Use Change Permit for the addition of a gas lift compressor on an existing pipeline launch pad located in SWIASW'/4 of Section 20, Township 6 South, Range 91 West, 6th P.M. Section 7-107, Access and Roadways, of the Garfield County Land Use Change and Development Code (LUDO) requires all roads to be designed to provide for "adequate and safe access" and be reviewed by the designated County Engineer. The LUDC defines "private road" as "right-of-way constructed, established, owned, and maintained by a private party for access to private property". The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). The road to the existing pad location that the new gas lift compressor will be located on is considered to be an oil and gas private road. Mr. Adam Tankersley Kokopelli Compressor History of Access In September of 2009, Williams Production RMT Company, now known as WPX Energy, acquired the Orion Energy assets located in the Garfield Creek and Jolley Mesa area. TEP later acquired WPX Energy's interest in 2016. At that time, the existing access to the Jolley Mesa asset was located on CR 335 and was being contested by the BLM and several of the landowner's due to oil and gas traffic on CR 335. Orion Energy had previously worked with the BLM and the landowners on a new proposed route that would move the access to Jolley Mesa from CR 335 to CR 311. WPX successfully negotiated a new right-of-way for this road with the McLin's and the BLM portion of the road was added to the Kokopelli Master Development Plan. WPX already had access on Jolley property in the Surface Use Agreement between the Jolleys and WPX. Before this new road could be built, the county requested a 4" asphalt overlay be installed from the intersection of CR 335 and CR 311 to the new road located on the McLin property. This would allow CR 311 to be considered by the county as a designated haul route. In the summer of 2010, WPX spent $292,660.10 for the 4" overlay that enabled WPX to utilize the new access on CR 311. Upon completion of the 4" overlay and the new road, all of WPX's traffic was diverted from the existing CR 335 access point to the new CR 311 access point in July of 2010. The access on CR 335 would only be used for emergency purposes. Once the 4" asphalt overlay and new access on CR 311 was built, WPX began working with Antero Resources, now Ursa Operating Company LLC (URSA), on a Road Use and Maintenance Agreement (RUMA) for the road. A RUMA was executed between WPX and URSA in 2011 that defined how the road would be maintained including the cost allocation structure (number of operators wells located off of said road). The RUMA continues to be in effect. Statement of Adequacy Geometry of the Road - As requested in Policy 01-14, Table 1 presents a comparison of the existing access road to the County's design standards outlined in Table 7-107 of the Garfield County Land Use and Development Code. The access is considered to be a Primitive/Driveway. The existing access road meets the requirements outlined in Table 7-107 for a Primitive/Driveway access. The location and route of the road to the Kokopelli Compressor pad location is depicted on the attached Exhibit A. The access road is an existing oil and gas private road that serves multiple pads for multiple operators and has historically been used to transfer drilling rig components and equipment on semi -tractor trailers and low -boys. The oil and gas private road was designed to minimize visual impacts for the adjacent landowners and also to decrease tree loss once the road was built. The oil and gas private road was also designed with safety in mind in that every turn has an adequate line of sight for oncoming traffic including speed limit signage of 15 mph along the route. The minimum road width is eighteen feet (18 ft.) wide except in turns and in areas where the width of the road is larger due to topography. The road is a single lane road but is designed Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Kokopelli Compressor as such so that when two trucks meet there is adequate room for the trucks to pass each other safely. Existing access road grades are under 12%. The bar ditches, where necessary to provide drainage, are approximately 2% to 5 feet wide. The road appears adequate for the proposed booster compressor activities and current traffic needs relating to oil and gas operations occurring on Jolley Mesa. Table 1 TEP Rocky Mountain LLC Kokopelli Compressor Application Garfield County Table 7-107 Road Standards Comparison GARCO Standard for Access Road Design Standard Primitive/Driveway Field Conditions Design Capacity (ADT) Minimum ROW Width (ft) Lane Width (ft) Shoulder Width (ft) Ditch Width (ft) Cross Slope (%) Shoulder Slope (%) Design Speed (mph) Minimum Radius (ft) Maximum Grade (%) Surface 0- 20 15 to 30 Single Lane 12ft. 0 3 2% N/A N/A 40 ft. 12% Native Material ADT Waived Adequate 18ft. minimum N/A Varies Varies N/A N/A 40ft. minimum 11.9 % maximum Gravel, 3" minus Comments No increase in ADT after construction See Jolly SUA in TEP application Varies with most of road averaging 24ft. Varies Deemed adequate by PE field inspection Deemed adequate by PE field inspection N/A Posted speed of 15 mph on access road. Varies. All road access radii exceed 40ft. Varies. All road access grades under 12%. Varies by road section. Safety/Structural Issues — The road has a regulated speed limit with posted signs of 15 mph. As mentioned above, the road is wide enough to allow two trucks to pass safely and during times of heavy rig traffic, a pilot car is used on the road. Only authorized personnel are allowed to utilize this road and during the hunting season, the gate at the entrance on CR 311 is closed and locked to deter hunting trespassers. Structural road integrity has been improved over time with the addition of both gravel and rock to adequately support the transport of drilling components, equipment and supplies. As structural issues arise, they are addressed with continuous maintenance as outlined below. Maintenance — The RUMA, as mentioned above, designates TEP as the operator of the road. TEP keeps the road maintained in a safe and efficient manner. During the summer months the road has magnesium chloride applied as necessary for dust mitigation and during the winter months the road is bladed for snow removal. The actual pad location that the compressor is located on will not be bladed during winter months so any traffic to that location may need to chain up during times of heavy snow. Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Kokopelli Compressor The barrow ditches are checked regularly and all the culverts are cleaned out every spring before irrigation water begins to flow. During times when traffic is more active, TEP keeps the road bladed as necessary in order to keep a safe operating road surface and when needed, gravel is applied. Travel Demand - Since this is a private oil and gas road, the only traffic on said road is oil and gas traffic to the existing locations that are located off of the road. Traffic volumes for the compressor during the construction phase will be two (2) to three (3) trucks trips per day. Upon completion of the compressor, there will be no traffic generated to the location as the personnel needed to service the compressor are already in the field working on other pad locations. The types of vehicles that are utilizing the road on a daily basis range from a pickup truck to a lowboy for equipment delivery. After construction, the traffic volumes for the compressor are not expected to increase or add to the current day to day traffic that utilizes the road. Summary and Statement of Adequacy Based upon a review of the County's road standards for Primitive/ Driveways and a comparison of those standards to the present field conditions of the existing access road, as outline in this report, it is FES's opinion that the existing access road is adequate for the proposed uses. Continued maintenance of the road is highly recommended. Respectfully submitted, 0,-- (v e/' David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox©bresnan.net Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley K k pmnCompessor Exhibit A Fox Engineering Solutions, Inc. Page 5 TEP Rocky Mountain LLC April 2020 Appendix D-7 Use of Land Subject to Natural Hazards See 7-108 — Use of Land Subject to Natural Hazards Report Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. May 24, 2019 Adam Tankersley Planning/GIS TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 7-108 Natural Hazards - Garfield County Land Use and Development Code SE % Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 108 Use of Land Subject to Natural Hazards, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. FES's understands that TEP Rocky Mountain LLC (TEP) is proposing to add a compressor to the existing pipeline launch pad. Neighboring Area The proposed Kokopelli facility will be located on top of Jolly Mesa at an elevation of 6520 ft. MSL. The site sits on the south side of Jolly Mesa. Grasses and sage brush are the dominate vegetation species. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 miles to the east and Garfield Creek is 1.5 miles to the northeast. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. No natural drainages are located within or adjacent to the facility boundary. Localized drainage is provided by overland sheet flow in a westerly direction. The facility, topography and drainages are identified on the site maps in Appendix A. The site is located in Garfield County within the Rural Zone District which is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The existing pad has been utilized for pipeline maintenance operations for several years. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. The nearest structures include oil and gas wells, associated production equipment and tanks, located at the site and approximately one half mile to the south and northeast. The nearest residential dwelling is located 0.6 miles to the south. Local and Regional Geologic Structures The site sits on the south side of Jolly Mesa between Garfield Creek on the east and Divide Creek on the west. The Colorado River is approximately 2.8 miles to the north, Divide Creek is 2 Mr. Adam Tankersley Kokopelli Compressor miles to the east and Garfield Creek is 1.5 miles to the northeast. The gradient from the facility slopes gently downward to the west at a 4 -5% grade. Based on the "Geologic Map of Colorado" compiled by Ogden Tweto, dated 1979, the Kokopelli compressor site is located in a geologic unit denoted as Qgo — older gravels and alluviums (Pre - Bull Lake Age) and possibly underlain by the Wasatch formation. The Qgo unit consists generally of unconsolidated surficial deposits and the Wasatch formation consists generally of claystone, mudstone and sandstone. These materials generally have low to moderate permeability. Tweto's geologic map identifies two faults, each about 4.75 miles southeast and southwest of the site. Geologic Hazards Article 7 — Section 108 Use of Land Subject to Natural Hazards, of the Garfield County LUDC, requires that natural and geologic hazards be identified, and if present, be eliminated or mitigated before development can occur. This includes, but is not limited to; falling rock, landslides, snow slides, mud flows, radiation, flooding, and high water tables. The Colorado State Legislature in 1974 passed House Bill 1041 defining geologic hazards that, if present, may pose a threat to life or property. For the purposes of this report, geologic hazards, as outlined in House Bill 1041 and Section 7-108 of the Garfield County LUDC, are discussed below. 1. Radioactivity: Radon is a naturally occurring, odorless and colorless radioactive gas that is produced by the radioactive decay of radioactive minerals present in the soils and bedrock. Although no radiological or radon testing was conducted, the facility does not have buildings or an area that is occupied throughout the work day The potential presence of radon is not expected to represent a geologic hazard or a significant worker exposure issue that would affect the design or operations of the facility. 2. Seismic Considerations: The 2000 Uniform Building Code locates the site in seismic zone 1 - low susceptibility to earthquakes. According to the Colorado Geological Survey, there have been 88 earthquakes in or near Garfield County between 1973 — 2017. There were no reported damages or injuries associated with these minor earthquake events. It does not appear that significant hazard from seismic activity exists at the site to impact the design or operations of the facility. 3. Ground Subsidence: The NRCS reports the surface soil at the facility, as classified under the Uniform Soils Classification System, is approximately 100% CL — inorganic clays of low plasticity. These soils are susceptible to settlement, however standard construction compaction efforts can significantly reduce or eliminate settlement potential. This site was constructed utilizing standard wheel -compaction methods with heavy equipment. The proposed uses, design and operations at the facility are not impacted by expansive soils or rock. 4. Landslides: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that landslide hazard does not exist or is low at the facility. 5. Avalanche: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that the hazard of avalanche does not exist or is low at the facility. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Kokopelli Compressor 6. Rockfall: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. It appears that the hazard of rockfall does not exist or is low at the facility. 7. Flood: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. No natural drainages are located adjacent to the facility. The NRCS indicates the Facility's Flood Frequency Class for the facility location is "None". "None" means that flooding is not probable and the chance of flooding is nearly zero percent in any year. The site may be subject to sheet flow from precipitation events, however, storm water best management practices are in place to mitigate or prevent storm water from entering the facility. It appears that the hazard of a flood does not exist or is low at the facility. 8. Mudflow and Debris Fans: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. No mudflow and debris fans are present or adjacent to the facility. It appears that the hazards of mudflow and debris fans does not exist or are low at the facility. 9. Expansive Soil and Rock: The NRCS reports the surface soil at the facility, as classified under the Uniform Soils Classification System, is approximately 100% CL — inorganic clays of low plasticity. Clays, claystone and mudstone members of the Wasatch formation typically have a high swell potential when wetted. Although the soils have swell potential, it does not appear that would affect the design or operations of the facility. 10. Slopes: The facility is located on top of Jolly Mesa with on a natural 4 - 5% slope consisting of grasses and sage brush. Risk from moderate or severe slope is non-existent for the facility. 11. Water Table: The facility is located on top of Jolly Mesa at an elevation of 6520 ft. with on a natural 3 - 5% slope consisting of grasses and sage brush. Divide Creek located 2 miles to the east has a corresponding elevation of 5800 ft. Garfield Creek is 1.5 miles to the northeast with a corresponding elevation of 6000 ft. No natural drainages are located adjacent to the facility nor are there any known water table depths. The NRCS indicates the Facility's Flood Frequency Class for the facility location is "None". "None" means that flooding is not probable and the chance of flooding is nearly zero percent in any year. It appears that hazards associated with high water tables are not present and have a low probability of impacting the site. Based on analyzes of potential natural and geologic hazards, as outline in this report, it is FES's opinion that these hazards have a low probability of impacting this site and the booster compressor. Mitigation of theses hazards does not appear to be warranted at this time. Should conditions change or discovery of a latent hazard become apparent during the construction of the compressor, reevaluation of the hazard is recommended. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Kokopelli Compressor Appendix A Fox Engineering Solutions, Inc. Page 4 Appendix E-7 Fire Protection Documentation Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 From: Orrin Moon To: Bryan Hotard Cc: Jeff Kirtland Subject: RE: Garfield County Land Use Change Permit - Jolley Mesa Compressor Date: Friday, September 13, 2019 11:15:45 AM Attachments: image002.Dnq image003.pnq Bryan, I have reviewed the information you have provided to me on the proposed new compressor and building located on Jolly Mesa. The proposed compressor and building will be located at Township 6 S Range 91W Section 20 in the SW1/4. With a GPS location of 39Deg. 50.8625" by 107 Deg. 57.2251", on the Kokopelli well pad site. I am approving the compressor and building being relocated to this location from the KP 24-8 well pad. Upon completion of the relocation and install of building and compressor, I will need to do an final inspection of the building and compressor prior to county final approval. Please feel free to contact me with any questions or concerns. I will be looking to be contacted for final inspection in the future. THANK YOU, ORRIN D. MOON PREVENTION DIVISION CHH E F ! E MA HAL COL91 RiVER FIRE ! ESCUE 971-625-l2k3 orrin.moon@crfr.us 614 E:oeryer•rs From: Bryan Hotard [mailto:BHotard@terraep.com] Sent: Thursday, September 12, 2019 9:31 AM To: Orrin Moon <Orrin.Moon@Crfr.us> Cc: Jeff Kirtland <JKirtland@terraep.com> Subject: RE: Garfield County Land Use Change Permit -Jolley Mesa Compressor Good morning Mr. Moon, Please see the attached plat that depicts the lat / long for the new compressor location. This new location is an existing graveled flat spot at an existing pipeline tie-in location. This new compressor location is not on an existing pad. Once you review, please do not hesitate to call or email me. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 PO BOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Orrin Moon <Orrin.MoonPCrfr.us> Sent: Wednesday, September 11, 2019 12:22 PM To: Bryan Hotard <BHotard@terraep.com> Subject: RE: Garfield County Land Use Change Permit -Jolley Mesa Compressor Brian, What is the GPS location for the new compressor building and or the pad name and pad #. THANK YOU, ORRJN D. MOON PREVENTION EnVMSION CHIEF/FIRE MA CCLC!. DO RIVER FIRE RESCUE 971)-625-1243 orrin.moon@crfr.us • 0 CS Everprae a We. t HAL From: Bryan Hotard [mailto:BHotard@terraep.com] Sent: Wednesday, September 11, 2019 7:24 AM To: Orrin Moon <Orrin.Moon@Crfr.us> Cc: Jeff Kirtland <JKirtland@terraep.com>; Makayla Grant <mgrant@terraep.com> Subject: RE: Garfield County Land Use Change Permit -Jolley Mesa Compressor Good morning Mr. Moon, I hope all is well! I was wondering if you had an update on this? Please do not hesitate to call or email me if you have a question or concern about any of this. Thanks! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 PO BOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TERR° Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Bryan Hotard Sent: Thursday, September 05, 2019 2:51 PM To:'orrin.moon@crfr.us' <orrin.moon@crfr.us> Cc: Jeff Kirtland <JKirtland@terraep.com>; Makayla Grant <mgrant@terraep.com> Subject: RE: Garfield County Land Use Change Permit -Jolley Mesa Compressor Good afternoon Mr. Moon, Per our conversation yesterday, please see the attached two (2) plats that depict the access route to the new compressor and a plat of the actual compressor location. I also attached the prior approval you gave for the KP 24-8 compressor on Jolley property. The KP 24-8 compressor is moving to the this new site. Once you review, please let me know if you will need anything further from me on this. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 POBOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TER Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Bryan Hotard Sent: Tuesday, September 03, 2019 9:27 AM To:'orrin.moon@crfr.us' <orrin.moon@crfr.us> Cc: Jeff Kirtland <JKirtland@terraep.com>; Makayla Grant <mgrant@terraep.com> Subject: RE: Garfield County Land Use Change Permit -Jolley Mesa Compressor Good morning Mr. Moon, I hope you had a great Labor Day Weekend! I left you a message just now but thought I would follow my message up with an email about the pending approval from you on a proposed compressor station on Jolley Mesa. Once you review the email below, please do not hesitate to call or email me if you should have any questions or concerns. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 POBOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TER-Wt d% RC. Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. From: Bryan Hotard Sent: Thursday, August 15, 2019 9:58 AM To: orrin.moonPcrfr.us Cc: Jeff Kirtland <JKirtland@terraep.com>; Makayla Grant <mgrant@terraep.com> Subject: Garfield County Land Use Change Permit -Jolley Mesa Compressor Good morning Mr. Moon, TEP Rocky Mountain LLC ("TEP"), formerly known as WPX Energy Rocky Mountain LLC, is in the process of submitting a Garfield County Land Use Change permit to relocate and install an existing compressor on Jolley Mesa located in the SEY4SEY4 of Section 20, Township 6S, Range 91 West, 6th P.M. This new compressor will be used to lower current gathering pipeline pressures and hopefully increase production within the Kokopelli field. Under the Garfield County permitting process, TEP will need approval of the respective fire chief to proceed with the submittal and approval of a Land Use Change permit. I have attached a vicinity map showing the proposed location of the compressor, access roads, and the building and foundation specifications for your review. The compressor building will include typical fire and gas detectors, including multi -spectrum IR flame detectors, IR combustible gas detectors, and conventional smoke and heat detectors. The system also includes communication and controlling modules that ensure command execution and shutdown protocol. Once you review, please let me know if you have any questions or concerns about any of this. If you are ok with TEP proceeding with this compressor project, please respond to this email stating the same. Thanks! Have a great day! Bryan S. Hotard, CPL Surface Team Lead — Piceance Basin 1058 County Road 215 PO BOX 370 Parachute, CO 81635 (970) 263-2754 - Direct (970) 361-2006 — Ce11 bhotard@terraep.com TERR° Nothing contained in this communication, or in any other written or oral communications with Terra Energy Partners LLC or its affiliates (collectively "Terra") concerning the matters addressed above, shall create an obligation on Terra to conclude a transaction covering such matters. Unless and until a written agreement covering the matters addressed above is executed by Terra's authorized representative having express authority to bind Terra to a transaction of such size and nature, Terra has no obligation (legal or otherwise) concerning such matters. YOU SHOULD NOT RELY ON THIS COMMUNICATION OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS WITH TERRA AS THE BASIS FOR TAKING ANY ACTION, FOREGOING ANY OPPORTUNITY OR INCURRING ANY COSTS, IN ANTICIPATION OF CONCLUDING A TRANSACTION WITH TERRA. Appendix F-7 Agricultural Lands/Fencing Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Legend • Launcher Inlet — Existing Gas Pipeline — Proposed Coolant Tank — — Proposed Gas Pipeline — Proposed Oil Tank — — Proposed Dump Line X— Proposed Fence — Existing Water Pipeline — Proposed Compressor — Existing Pipeline Proposed Daylight Line (Williams) Proposed Pad or Pit Parcel Ownership I = Compressor Site Boundary (0.94ac) — Existing Road Existing Fence TEP Rocky Mountain LLC Kokopelli Compressor Plan of Develompent Map January 23, 2020 TER 0 30 60 120 Feet T:\Projects\Piceance\Kokopelli\Kokopelli Compressor Station\POD Map.mxd atankersley 1/23/2020 10:26:08AM TEP Rocky Mountain LLC April 2020 Appendix G-7 CPW Correspondence and BMPs/Mitigation Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review Adam Tankersley From: Slezak - DNR, Elissa <elissa.slezak@state.co.us> Sent: Monday, September 30, 2019 12:22 PM To: Adam Tankersley Cc: Taylor Elm - DNR Subject: Re: Kokopelli Compressor Station - CPW Pre-App Review Hi Adam, Thank you for the update and for providing the site visitation numbers. The new proposed construction timeline starting in May, after the Big Game Timing Limitation, is ideal to avoid winter disturbance and is supported by CPW. Thanks, Elissa Elissa Slezak Northwest Region Land Use Specialist Colorado Parks and Wildlife P 970-725-6219 I F 970-725-6217 I 346 County Road 362, PO Box 216, Hot Sulphur Springs, CO 80451 elissa.slezak@state.co.us I cpw.state.co.us On Wed, Sep 25, 2019 at 4:10 PM Adam Tankersley <ATankersley@terraep.com> wrote: Good Afternoon Elissa, After discussions yesterday and today with our engineers in Houston we will be delaying construction of the facility till May of 2020. Due to this change in the construction schedule there should be minimal impacts on Big Game in the area. Additionally, TEP does not plan on doing any mitigation since activities will be scheduled outside winter months. Once the facility is operations visitation to the facility will be minimal. Visitation is anticipated to occur approximately 1-2 time per week to ensure the compressor is operating properly. In the event that maintenance operations are required there would be approximately 2-3 truck trips per day until maintenance is complete. Please let me know if you have any questions. Thanks, i Adam Tankersley Planning Lead (970) 623-8994 Office (970) 589-6277 Cell TERO PARrNcRS From: Slezak - DNR, Elissa <elissa.slezak@state.co.us> Sent: Tuesday, September 24, 2019 11:08 AM To: Adam Tankersley <ATankersley@terraep.com> Cc: Taylor Elm - DNR <taylor.elm@state.co.us> Subject: Re: Kokopelli Compressor Station - CPW Pre-App Review Hi Adam, We've discussed this site, which falls within mule deer severe winter range and winter concentration area, and elk winter concentration area. What is the earliest that TEP could potentially start on the compressor station? If TEP can start in Dec and finish installation/construction by the end of Jan or early February, that would be preferable to activity later in the winter. If activity will continue later into the winter, daily timing restrictions for vehicle traffic from 10am - 3pm would minimize impacts to wintering big game. How often are the anticipated periodic visits to the site once its operational? Also, does TEP plan to do any mitigation for winter activity in SWH? CPW supports the perimeter fence and proposed noise mitigation (building, muffler, and rule compliance). Please let us know what the tentative timeline is and potential start date. Thanks, Elissa 2 Elissa Slezak Northwest Region Land Use Specialist Colorado Parks and Wildlife P 970-725-6219 I F 970-725-6217 I 346 County Road 362, PO Box 216, Hot Sulphur Springs, CO 80451 elissa.slezak@state.co.us I cpw.state.co.us On Thu, Sep 19, 2019 at 3:55 PM Adam Tankersley <ATankersley@terraep.com> wrote: Good Afternoon Elissa, We are in the process of preparing the COGCC Oil and Gas Location Assessment (Form 2A) for the Kokopelli Compressor Station and would like to discuss any concerns CPW may have related to the development of this location. The Kokopelli Compressor Station will be located within a pipeline facility (pig launcher) operated by Williams. The facility is located on Jolley Mesa LLC property in the SE of Section 20, Township 6 South, Range 91 West, 6th P.M. As depicted on the attached site plan, the location will be expanded slightly to the north side of the pad to accommodate the compressor while maintaining space to the southeast and southwest of the compressor for Williams to safely operate their existing pig launcher. The existing chain link fence surrounding the facility will be routed around the new disturbance boundary. The existing access road, near the entrance to the facility, will be regraded to maintain access. The compressor being installed was previously located on the KP 23-17 Pad approximately 1.25 miles north of the new location. TEP anticipate construction to take approximately eight (8) weeks for the compressor to be installed and operational. Installation is proposed to commence immediately upon receiving approval of this permit from Garfield County and the COGCC Form 2A. Once the compressor is constructed it will be operating 24/7 except during maintenance operations. The compressor will be housed within a building to ensure safety and to minimize noise while in operation. The Kokopelli Compressor Station and the access road (from CR 311) is located within the Mule Deer Critical Winter Range and Elk Winter Concentration Area boundaries per current COGCC data. To minimize impacts to wildlife TEP will be installing a perimeter fence (chain Zink) around the facility to prohibit enter by wildlife. TEP will also be constructing a building to minimize the noise generated by the compressor. Additionally, a hospital grade muffler will be installed to further reduce noise levels. The facility will be in compliance with COGCC Rule 802 for noise abatement and will 3 comply with the Residential/Agricultural/Rural maximum permissible noise levels (50db — 55db) as stated in this rule. Truck traffic to the site is estimated at 2-3 truck trips per day during construction activities and periodic once the compressor is operational. TEP has posted speed restriction along the access route to the facility to ensure safety for personnel and to minimize the potential for wildlife related traffic accidence. Periodic visits to the site during production activities are not anticipated to impact wildlife. Please let me know if you have any questions or concerns regarding this location. If you'd like to visit the site let me know and we can schedule a site visit. Thanks, Adam Tankersley Planning Lead (970) 623-8994 Office (970) 589-6277 Cell This message and any related attachments are intended only for the use of the addressee(s) and may contain information that is PRIVILEGED and CONFIDENTIAL. If you are not the intended recipient(s), you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify the sender immediately. 4 Appendix H-7 Protection of Waterbodies Report Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Fox Engineering Solutions, Inc. June 27, 2019 Adam Tankersley Planning/GIS Terra Energy Partners 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 7-203 Protection of Water - Garfield County Land Use and Development Code SE '/4 Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 203 Protection of Water Bodies, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. It is FES's understanding that Terra Energy is applying for a Land Use Change Permit for the addition of a compressor on an existing pipeline launch pad. Article 7 — Section 203 Protection of Waterbodies, of the Garfield County LUDC, requires that minimum setbacks be maintained between the proposed site and Typical and Ordinary High Water Marks (TOHWM) of adjacent waterbodies, if present. Section 7-203 requires a minimum setback of 35 ft. to the TOHWM and in the case of hazardous waste storage 100 ft. to TOHWMs. Figure 1, attached, shows the Kokopelli compressor site and its location relative to waterbodies including ephemeral, intermittent and perennial drainages. The nearest ephemeral drainage is located approximately 1500 ft. to the northwest. Perennial drainages, Garfield and Divide Creeks, are located approximately 1.5 miles to the northeast and 2 miles to the west of the site, respectively. Jackson Gulch, an intermittent drainage, is located approximately 2880 ft. to the south. Based on a review of adjacent waterbodies, it is FES's opinion that the proposed site and compressor are located outside of both the 35 ft. setback and 100 ft. setback for hazardous waste. The proposed location of the Kokopelli compressor on the existing pad exceeds the required setback distances to TOHWMs. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Mr. Adam Tankersley Kokopelli Compressor Figure 1 Fox Engineering Solutions, Inc. Page 2 Appendix 1-7 Drainage and Erosion Report Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Fox Engineering Solutions, Inc. June 27, 2019 Adam Tankersley Planning/GIS Terra Energy Partners 1058 County Road 215 Parachute, CO 81635 Re: Kokopelli Compressor Section 7-204 Drainage & Erosion - Garfield County Land Use and Development Code SE % Section 20, Township 6 South, Range 91 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 204 Drainage and Erosion, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. Article 7 requires evaluation of erosion and sediment, drainage and storm water runoff subject to specific thresholds. It is FES's understanding that Terra Energy is applying for a Land Use Change Permit for the addition of a compressor on an existing pipeline launch pad. Section 7-204.A. - Erosion and Sediment The existing site pad is approximately 0.45 acres and construction activities will disturb 0.31 acre within the existing pad and 0.07 acres (3,050 sq. ft.) off the northeast sides of the pad. The construction disturbance associated with the installation of approximately 410 ft. of new buried pipelines at the site will add an additional 0.24 acres of disturbance. The total estimated construction disturbance is 0.62 acres. Although storm water control measures will be implemented for the construction of the Kokopelli compressor and associated piping, a formal Storm Water Management Plan under the regulations of the Colorado Department of Public Health and Environment is not required for construction activities with less than 1.0 acre of disturbance. As such, no formal Storm Water Management Plan is required for the construction activities associated with this project. Section 7-204.B. - Drainage A detailed Drainage Plan for the Kokopelli compressor site is attached which meets the requirements of this section. Positive drainage will be maintained away from the compressor building foundation. The site is situated on a large parcel under single ownership and drainage to adjacent lots is controlled by control measures in the Drainage Plan. Section 7-204.C. — Stormwater Run -Off As stated in Section 7-204.C. "These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of Mr. Adam Tankersley Kokopelli Compressor impervious area." None of the proposed development associated with the construction of the compressor is located within 100 ft. of a waterbody. The compress building, foundation and ancillary components will create an impervious area of approximately 1500 square feet. The proposed Kokopelli compressor development plans are under the thresholds of Section 7- 204.C. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Kokopelli Compressor ed. Trap A r Drainage Feature • Runoff Calculation.' plwrsion Ditch & Sediment Tr.pCOnfiaer.Yorn Trihwry 6unoff 100-Tr24•Hr P..R Minimum Ditch Flew Seg. Trap Area ColNel.nt Prodp41.den Runoff Shape Depth Sld. Slop. Depadly Veledty Volume l,a•.rl {u.id..0 lin.h..} ifa} (unit...) Pndy.1 Slope. I1NU Mr} ftl••.. I11.3) Div.rsl on Ditch A 11.5 0.61 2A6 14.00 Trapit#dal 16 11:1V 0.031 1A91 4.42 Div.r.ivn Ditch 0 0.60 Trapuaodal 6 211:1V 0.6O1 10.57 3.01 Accost partway O.D7 0.59 2A6 0.12 Hone - Ore.land Flow Gravel red Site 0.416 0.69 2A6 ga None -Overland Flow Swain ATotal OM 661=1V 0AO1 ire 0.9 Building 0.034 0.96 246 0.06 N one• Owedand Flow Adjacent Area 0.41 0.51 246 Ls1 None -Owe d end Flow Sway FTeta1 0,50 644:1V 0.001 2.69 0.9 5edmentau on Tr.p. A and 1 • e.s.d on wiw.al wane and WI R Dean. rv.eu.rew.prroi.n-aPFMS Legend _. _. New Fence Alignrnenl F Direction of Surface Flow Diversion pitch CDSedimentation Trap ctainage Sw ale Kokopelli Compressor Drainage Plan May 2019 TERI s 0 25 50 100 Feet Fox Engineering Solutions, Inc. Page 3 TEP Rocky Mountain LLC April 2020 Appendix J-7 Wildland Fire Hazard Susceptibility Index Map Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review 18 . "11 • ■ ' r■ . 1 rr GI 7 13-0 o ?, o 17 I4• • • J 20 6S 91W • Kokopelli Compressor Location 1•■ • '1 22 ~� • • 1' +0 Y • 1 • • 28 27 ' 7 4 '' 11. '■ ' • • 32 L - .1. r • 1 Legend N Compressor Location No Risk Kokopelli Compressor �� & Road (from Garfield County) - Low Fire Susceptibility Map `'JI� i - Existing Road Moderate S March 2019 M Township Range Line High13, Section Line Very High 0 1,000 2,000 4,000 Feet T:\Projects\Piceance\Kokopelli\_Specialty Projects\18\Kokopelli Compressor Station\FireSusceptibilityMap.mxd atankersley 3/13/2019 5:40:42 PM Appendix K-7 2-D Viewshed Analysis Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 Legend • Compressor Location Road (from Garfield County) 1 Mile Buffer (from site) Visible Township Range Line Section Line BLM Surface Other Kokopelli Compressor Viewshed Exhibit March 14, 2019 0 1,000 2,000 S 4,000 6,000 TERR/?ENERGY PARTNE 8,000 Feet T:\Projects\Piceance\Kokopelli\_Specialty Projects\18\Kokopelli Compressor Station\ViewShed.mxd atankersley 3/14/2019 10:05:17AM Appendix L-7 Lighting Study Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 LUMINAIRE SCHEDULE Symbol Label Qty Catalog Number Description Lamp File Lumens LLF Watts • P 6 VMV13LW2A/UNV Champ Gen III Phase III 1 Type 5 Optics 13L, using V-bin board and Type 5 optics. VMV13LW2A- 13057 UNV1.ies 0.81 130.2 ■ FL 3 FMV11 LCYUNV17 20150410-253: Low - 6 Voltage 11 L Sample with Clear Glass Lens. FMV11 LCYUN Absolute V176.ies 0.81 99 STATISTICS Description Symbol Avg Max Min Compressor O 37.3 fc 52.7 fc 11.8 fc Compressor BLDG + 24.3 fc 32.1 fc 11.6 fc Outside Building + 1.7 fc 11.2 fc 0.0 fc 0 a-1 L]OI x0.1 x0.1 x0.1 x0.2 0.4 0.1 0.1 x0.2 x0.0 x0.1 x0.1 00 00 0 0.0 0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 '0.0 LUMINAIRE LOCATIONS No. Label MH Orientation Tilt 1 P 17.0 0.0 0.0 2 P 17.0 0.0 0.0 3 P 17.0 0.0 0.0 4 P 17.0 0.0 0.0 5 P 17.0 0.0 0.0 6 P 17.0 0.0 0.0 7 FL 16.0 90.0 45.0 8 FL 16.0 0.0 45.0 9 FL 16.0 180.0 45.0 1.1 5 2.0 2.6 3.1 3.1 2.4 1.8\ 1.4 1.0 I : 17 2.0 2.7 4.5 4 3.4 2.5 1. 1.2 1.0 1.1 1.1 1.0 1.: 0.6 0.4 2 2.4 3 5.3 6.7 6.5 4.: 3.2 2. 1.2 5 2.2 2.0 1.5 1.1 0.6 0.9 ' 1.8 x2.7 3.9 x5.2 x4.9 x3.6 x2.5 ' 1.5 0.7 ''2.6 1 x3.0 x2.1 1.5 x1.0 x0.7 FL-8 0.q '12 - `4. +25.7+27.6+25. ,1 :..���:� ._.......,..... .. :.+30 + °37.3 °51.7 °44.2 <>52.7 2 °33.0 °44.1 '41.3 `I 1.9 15.3�1'8.T1110.8 22.4 2 2.0 15.518.3+20.9+22.5 2:.8 23. i +23.9+30 28 +25. 31 2 31 29 26. „ ,3 9+32 i+30 +26. 1.9 32 30 26. +131.4+31 . 29 +26. 30.4+30 ..,_ +3 2.1 +31.1 +20 . +2 . x 5.4 5.430.429426723. ' S 2 • GIIPL"-S 31.3 x3. x4.5 x4 0.0 x0.1 I.2 0 0.. 1.. 2.1 3.1 4.6 6.0 5.7 x0.1 x0.1 0.2 0.4 1.8 1. 2.2 3.2 3 x5.3 x5.2 25 1.F 2ii 3 27 2 n 3.3 x1.0 x7.0 ''10.2 x6.3 41. FL-7 x7.8 x11.2 x6.7 x2.8 x3.8 x2.3 P3.9 x2.3 x1.2 0.8 x1.4 x0.9 x1.5 x0.9 7.9 5. x3.2 2.1 x1.3 x0.8 x3.5 x2.3 x2.8 x2.3 x1.3 0.7 x0.6 x1.2 x1.1 1.4 x1.3 x1.2 0 % x0.7 x0.5 0.1 0 . 0.3 0.4 e 8 1.2 .7 2.2 3.0 3.6 3.6 2.8 2.1 1.6 1.1 0.8 0.8 0.8 0.7 0.7 0.5 0.4 0.1 i.2 0.3 0.5 0 1.0 1.3 2.0 2.3 2.3 1.• 1.5 1.2 ! 0.7 0.6 0.5 0.5 0.5 0.1 0.2 0.3 0.4 0.6 0.8 1.0 1.2 1.4 1.5 1.5 1.3 1.1 0.9 Plan View Scale 1" = 16' x0.7 x0.6 x0.5 x0.4 x0.3 x0.4 x0.3 x0.3 x0.3 U c = .0 O vo • 0 Ct (n Q 0) CD E .c L O a) U cn c - J W CO Y i Engineer T.Mautner Date Aug 5 2019 Rev. A Doc. No. 158-2289-EL-01 1 of 1 Other Permits Kokopelli Booster Compressor Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC April 2020 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 GENERAL CONSTRUCTION PERMIT Oil and Gas Source Natural Gas Fired Reciprocating Internal Combustion Engines (RICE) PERMIT NO: GP02 Roland C. Hea, P.E. Permitting Section Supervisor FINAL APPROVAL August 1, 2011 Date Issued I. General Permit Applicability 2 II. Emission Limitation Requirements 2 III. General Operating Conditions 4 IV. Recordkeeping Plan 5 V. Initial Compliance Test Requirements 7 VI. Engine Operating and Maintenance Plan 8 VII. Engine Alternative Operating Scenarios (AOS) 10 VIII. Additional Requirements 11 IX. General Permit Registration Approval Process 12 X. General Permit Terms and Administration 13 Permit History August 1, 2011 Initial Issuance Page 1 of 15 I. General Permit Applicability I.A. This General Permit can be used only for natural gas fired reciprocating internal combustion engines located at an oil and gas stationary source that meets the following requirements: I.A.1. Are a true minor or synthetic minor source for Operating Permits (OP) or New Source Review (NSR) program applicability. I.A.2. Are a true minor or synthetic minor source under the provisions of 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories. I.A.3. Meet all of the conditions of Section II.A. of this General Permit. I.B. The following types of sources may not use this general permit for natural gas fired reciprocating internal combustion engines: I.B.1. A major source as defined in Regulation No. 3, Part A, Section I.B.25. I.B.2. A portable source. I.B.3. A petroleum refinery. I.C. With the exception of Sections II.A.2, II.A.3 and IV.C.1, this general permit applies only to the equipment as described in Section I.A above for which the operator has obtained approval from the APCD for registration under this general permit. Other equipment at the same stationary source must be permitted separately as required by Regulation No. 3, Part B. II. Emission Limitation Requirements II.A. Facility -Wide Emission Limitation Requirements II.A.1. The maximum allowable emissions of criteria air pollutants from all APEN-reportable emissions points at the same stationary source (including those of the engine subject to this permit) must be Federally Enforceable and shall not exceed the following limitations: (Reference: Regulation No. 3, Part B, Section II.A.4) Nitrogen Oxides (NOx): Carbon Monoxide (CO): 90.0 tons per year 90.0 tons per year Volatile Organic Compounds (VOC): 90.0 tons per year Greenhouse Gases (CO2e): 90,000 tons per year II.A.2. The maximum allowable NOx emissions increase for the project which includes the engine covered by this general permit shall be less than 40 tons per year. Page 2 of 15 II.A.3. The maximum allowable emissions of hazardous air pollutants (HAPs) from all APEN-reportable emissions points at the same stationary source (including those of the engine(s) subject to this permit) is Federally Enforceable and shall not exceed the following limitations: (Reference: Regulation No. 3, Part B, Section II.A.4.) II.A.3.a. Each Individual HAP: II.A.3.b. Total of all HAPs: 8.0 tons per year 20.0 tons per year II.B. Emission Limitations Specific to Engines Registered Under this General Permit II.B.1. All representations made in the general permit registration including, but not limited to, emission factors, nameplate and site -rated horsepower, hours of operation, emissions control measures, requested fuel consumption and other parameters that affect emissions are conditions upon which the registered engine(s) shall be constructed and operated. As such, the maximum allowable emissions from each engine registered under this general permit shall not exceed the requested Federally - enforceable annual emission rates as certified by the owner or operator in the APEN included with the general permit registration and approved by the Air Pollution Control Division (APCD). II.B.2. Emissions control requirements for engines located in the 8-hour ozone control area. Unless otherwise exempted per Regulation No.7, Section XVI.C, this section applies to any natural gas -fired reciprocating internal combustion engine with a manufacturer's design rate greater than 500 horsepower that is operating in the 8-hour ozone Control Area. (Reference: Regulation No. 7, Section XVI) II.B.2.a. II.B.2.b. 11.B.2.c. For rich burn reciprocating internal combustion engines, a non -selective catalyst reduction (NSCR) and an air fuel controller shall be required. For lean burn reciprocating internal combustion engines, an oxidation catalyst shall be required. The emission control equipment required by this Section II.B.2 shall be appropriately sized for the engine and shall be operated and maintained according to manufacturer specifications or equivalent. II.B.3. State -only Enforceable Engine Emissions Requirements II.B.3.a. Engines registered to operate in accordance with the provisions of this general permit shall be subject to and Page 3 of 15 shall not exceed the emissions standards contained in Table 1. If the engine is subject to a more stringent applicable performance standard for a specific pollutant, the most stringent performance standard shall apply (Reference: Regulation No. 3, Part B, Section III.E). TABLE 1 Maximum Engine HP Engine Design Emission Standards in g/hp-hr NOx CO VOC Greater than or equal to 100 and less than 500 Rich Burn 2.0 4.0 1.0 Lean Burn 2.0 4.0 1.0 Greater than or equal to 500 Rich Burn 0.7 1.5 1.0 Lean Burn 2.0 1.5 0.7 II.B.3.b. State -only Engine Requirements per Regulation No. 7, Section XVII.E. Emissions from natural gas fired reciprocating internal combustion engines that are greater than or equal to 100 hp and constructed in or relocated to the state of Colorado from another state on or after the applicable date, shall not exceed the emission standards in Table 2 as expressed in units of grams per horsepower - hour (g/hp-hr). TABLE 2 Maximum Engine HP Construction or Relocation Date On or After Emission Standards in g/hp-hr NOx CO VOC Greater than or equal to 100 and less than 500 January 1, 2011 1.0 2.0 0.7 Greater than or equal to 500 July 1, 2010 1.0 2.0 0.7 II.C. Control devices may be used to comply with these emission limits and performance standards. III. General Operating Conditions III.A. Visible emissions shall not exceed twenty percent (20%) opacity. During periods of startup, process modification, or adjustment or occasional cleaning Page 4 of 15 of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to measure opacity. (Reference: Regulation No. 1, Section II.A.1. & 4.) III.B. This stationary source is subject to the odor requirements of Regulation No. 2. (State only enforceable) III.C. The AIRS number (e.g. 123/1234/001) and permit number (GP02) shall be marked on the subject equipment for ease of identification. Reference: Regulation No. 3, Part B, Section III.E.) (State only enforceable) III.D. The permittee must follow the Recordkeeping / Operating and Maintenance plans specified in Sections IV and VI. (Reference: Regulation No. 3, Part B, Section 111.1.6.) IV. Recordkeeping Plan IV.A. Records shall be located on -site or at a local field office with stationary source responsibility. Records may be kept in either electronic or hard copy format provided that they can be promptly supplied to the APCD upon request. IV.B. The following records shall be maintained for the emission unit while covered by this general permit: IV.B.1. The current version of this general permit. IV.B.2. The APEN(s) submitted to the APCD for each engine covered by this general permit IV.B.3. The general permit registration approval letter. IV.B.4. The Notice of Startup (NOS) submitted to the APCD as required under Section IX.D. IV.C. The following records shall be maintained for a period of five years: IV.C.1. Records that demonstrate compliance with the emission limits of this permit. IV.C.1.a. Compliance Time Period IV.C.1.a.(i) If the stationary source at which the engine(s) is located is a true minor source, compliance with the annual emission limits for the engine(s) shall be monitored by calculating and recording the annual emissions from each engine on a calendar year basis. IV.C.1.a.(ii) If the stationary source at which the engine(s) is located is a synthetic minor source, compliance with the annual emission limits for the engine(s) shall be monitored by calculating emissions on a monthly Page 5 of 15 IV.C.1.b. basis and recording the annual emissions from each engine on a rolling twelve (12) month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' emissions data. During the first year of operation, compliance shall be based upon cumulative emissions from all months of operation. Emissions from engines covered by this general permit shall be calculated using the methodologies listed in this Section IV.C.1.b. The same emission factors (EF), site rated horsepower, brake -specific fuel consumption (BSFC), and lower fuel heat value (LHV) as specified in the most recent registration approved by the APCD shall be used in the calculations. Equations Eq. 1, Eq. 2, Eq. 3 and Eq. 4 represent annual calculations and should be adjusted using the appropriate time period (monthly or annual) as required by Section IV.C.1.a IV.C.1.b.(i) Emission estimates based upon hours of operation shall be calculated using either Eq. 1 or Eq. 2: Eq. 1 Emissions tons - EF g * Runtime hrs * Site Rated HP* Ibs * ton yr j hp - hr 1 v yr 454 g) 2000 lb 1 Eq. 2 Emissions Eq. 3 Emissions r tons yr Eq. 4 Emissions = EF tons yr I Ib v \MMBtu = EF ( tons i lb \ = EF \ yr / MMBtu j Runtime (hrs\ vyr, * Site Rated HP * BSFC Btu ton �MMBtu * * hp-hr1 2000 Ib, 106Btu IV.C.1.b.(ii) Emission estimates based upon fuel consumption shall be calculated using either Eq. 3 or Eq. 4: g scf 1 Shp -hr * Fuel Use — hp - hr j yr j BSFC Btu I scf \ * Fuel Use \ Yr * Fuel Heat Value * Fuel Heat Value Btu i lb ton scf j 454 g ) 2000 lb j / \ Btu MMBtu ton * * \ scf / 106 Btu / A 2000 lbs IV.C.2. Records of the hours of operation and fuel consumption for each engine covered by this permit shall be recorded and made available to the APCD upon request. Records shall be for the same time period (monthly or annual) as determined by Section IV.C.1.a for the emission calculations. Fuel consumption may be individually metered, allocated from a master meter, or estimated using Eq. 5 based upon the site -rated horsepower, brake -specific fuel consumption (BSFC), and the fuels Page 6 of 15 lower fuel heat value (LHV) as specified in the most recent registration approved by the APCD. Eq. 5 Fuel Consumption scf Btu = BSFC \yr/ \hp —hry * Site Rated HP * Runtime hr 1 1 scf yr ,j Fuel Heat Value Btu IV.C.3. An alternative operating scenario (AOS) modification log containing all details required by any AOS in this permit. (Reference: Regulation No. 3, Part A, Section IV.A.1.) IV.C.4. Records that demonstrate compliance with the facility -wide emission limit requirements that facilities must meet in order to qualify for use of this General Permit as set forth in Section II.A of this permit. IV.C.5. Results of initial compliance and periodic performance testing required by Sections V and VI. IV.C.6. Operating and maintenance records required by Section VI. V. Initial Compliance Test Requirements V.A. If the stationary source is synthetic minor for NOx or CO an initial compliance test for outlet concentrations of NOx and CO is required. If the stationary source is synthetic minor for formaldehyde, an initial compliance test for outlet concentrations of NOx, CO and formaldehyde is required. Initial compliance test requirements only apply to engines equipped with a catalytic emission control device that are nameplate -rated greater than or equal to 500 hp. V.B. The APCD reserves the right to require a compliance test on any engine registered under this general permit. (Reference: Regulation 3, Part B, Section III.E) V.C. Results from all compliance tests shall be reported in units of parts per million dry volume (ppmv), grams per horsepower hour (g/hp-hr) and pounds per million Btu (Ib/MMBtu). In order to demonstrate compliance with the registered engine's individual annual emissions limits established in Section II.B.1, results of the test shall be converted to a pound per hour (Ib/hr) basis and multiplied by the allowable operating hours in a year. V.D. All initial compliance tests required by this section shall meet the following condition V.D.1. For new engines, the initial compliance test shall be completed within 180 days of commencement of operation of the subject engine(s). V.D.2. For existing engines, the initial compliance test shall be completed within 180 days of registering the subject engine(s). A compliance test performed within the previous five years prior to registration that was used to fulfill a previous Colorado permitting requirement may be used to Page 7 of 15 comply with the initial compliance test requirement providing all other conditions are met. V.D.3. The test protocol must be in prepared in accordance with the requirements of the APCD Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. If after thirty (30) calendar days, the permittee has not received approval and the APCD did not request additional information from the permittee, the protocol will be considered automatically approved after the 30-day period. V.D.4. The APCD shall be notified at least 30 days prior to the test date. The permittee may request a waiver of this 30-day notification requirement subject to approval of the APCD. V.D.S. Results of all initial compliance tests completed to fulfill the requirements of this Section V shall be submitted to the APCD for review within thirty (30) days of completion of the test. VI. Engine Operating and Maintenance Plan VI.A. This Section VI applies only to engines covered by this general permit that are located at a stationary source that is synthetic minor for NOx, CO, or formaldehyde. VI.B. These general requirements apply to all subparts of Section VI. VI.B.1 Each engine and associated catalytic control device, if applicable, shall be maintained and operated according to the manufacturer's scheduled maintenance guide or equivalent. A company may establish its own equivalent maintenance schedule providing it achieves efficient engine operation and meets or exceeds the performance standards of this permit. VI.B.2 A copy of maintenance schedules shall be kept. VI.B.3 Records indicating the date and description of maintenance shall be kept. VI.B.4 If maintenance activities or actions are dependent upon hours of operation, then engine operating hours shall be tracked and recorded. If a method other than hours of operation is used, then the tracking method must be recorded. VI.C. For each rich burn engine controlled with a NSCR converter the following conditions must be met: VI.C.1. The engine must be equipped with an air -fuel ratio controller (AFRC). Page 8 of 15 VI.C.2. Each AFRC shall be maintained per the manufacturer's recommended maintenance or equivalent, including replacement of the oxygen sensor as necessary for oxygen sensor -based controllers. In the absence of specific manufacturer's recommendations or equivalent, the oxygen sensor shall be replaced quarterly (or within a 2190 hour operating period if the engine does not run continuously). VI.D. For each lean burn engine equipped with a NOx sensor the operator shall follow the manufacturer's recommended maintenance schedule or equivalent. VI.E. For each engine equipped with a catalytic emission control device, the following conditions must be met: VI.E.1. The catalyst shall be cleaned, reconditioned and replaced per the manufacturer's recommended maintenance or equivalent. VI.E.2. The catalyst inlet temperature shall be recorded weekly. If the temperature is outside of the range specified in Section VI.D.2.a or VI.D.2.b, corrective action shall be taken and documented. VI.E.2.a. VI.E.2.b. For a rich burn engine with a non -selective catalytic reduction (NSCR) emission control device, the temperature into the catalyst shall be between 750°F and 1250°F. For a lean burn engine with an oxidation catalyst emission control device, the temperature into the catalyst shall be between 450°F and 1350°F. VI.E.3. The pressure drop across the catalyst bed shall be recorded monthly. The monthly pressure drop values shall not deviate by more than +/- 2 inches of water column of the most recent baseline value established according to Section VI.D.3.b. VI.E.3.a. If the pressure drop value is out of range, the permittee shall perform any one or more of the following: VI.E.3.a.(i) Corrective action shall be taken and documented, or VI.E.3.a.(ii) The permittee may artificially load the engine to within +/- 10 percent of the most recent baseline load value established. If the pressure drop is then within range, the pressure drop and load values shall be documented and no further corrective action is required, or VI.E.3.a.(iii) The permittee may forego maintenance activities and perform a portable analyzer test to establish a new pressure drop baseline. Page 9 of 15 VI.E.3.b. The baseline pressure drop shall be established by recording the engine load and pressure drop across the catalyst during engine testing. The baseline pressure drop shall be periodically reestablished as follows. VI.E.3.b.(i) During each initial compliance test required by Section V. If historical initial compliance test data is used to fulfill Section V and baseline pressure drop was not recorded during the compliance test, the operator may defer establishing the baseline pressure drop until the first periodic performance test required by Section VI.D.4. VI.E.3.b.(ii) During each periodic performance test required by Section VI.E.4. VI.E.3.b.(iii) Within the first thirty (30) days of engine operation from the date that the catalyst is cleaned, reconditioned, or replaced. VI.E.4. For each engine equipped with a catalytic emission control device, periodic performance tests for NOx and CO using a portable analyzer are required semi-annually (or within a 4,380 hour operating period if the engine does not run continuously) to indicate continued performance of the catalyst and proper operation of the engine. For engines that do not operate continuously and which do not exceed 4,380 hours of operation within two (2) calendar years, a minimum of one performance test shall be completed every two years. VI.E.4.a. VI.E.4.b. VI.E.4.c. Each performance test should be performed with the engine operating at the highest load practicable. However, it is not required to artificially load the engine in order to perform the test. All performance tests using a portable analyzer, including tests triggered by a replacement engine authorized by an AOS in this permit, shall meet the requirements established in the Portable Analyzer Monitoring Protocol or other APCD approved protocol. At the permittee's discretion, a performance test using a reference test method may be used instead of a portable analyzer. VII. Engine Alternative Operating Scenarios (AOS) VII.A. Provided that the emission limits set forth in Section II are still met, the permittee may invoke an AOS for the following modifications to an existing Page 10 of 15 VII.B. VII.C. VII.D. VII.E. engine registered under the general permit without modifying the general permit registration: VII.A.1. An existing registered engine may be temporarily replaced with a different or like -kind engine in accordance with the most recent version of PS Memo 98-006 for "Compressor Engine Alternative Operating Scenarios". VII.A.1.a. VII.A.1.b. A temporary replacement is defined as in the same service for 90 operating days or less in any 12-month period. The 90 days is the total number of days that the equipment is in operation. If the equipment operates only part of a day, that day counts towards the 90 day total. A like -kind replacement is defined as replacing a piece of equipment with the same make, model, and design capacity as the original piece of equipment. VII.A.2. Routine maintenance, repair, or like -kind replacement of control equipment VII.A.3. Addition of a control device where the operator will not claim Federally enforceable credit for the emission reductions achieved. Modified or replacement equipment are subject to all requirements set forth in this permit including, but not limited to, recordkeeping and operation and maintenance plans. Modifications allowed under an AOS in this permit do not require a revised APEN or registration to be submitted. An AOS otherwise allowed by this general permit may not be used if the modification will result in a facility classification change from true minor to synthetic minor. In this case, a revised registration request shall be submitted for review. The permittee shall maintain a log to contemporaneously record a description of all modifications made under the provisions of this AOS. Information recorded for temporary engine replacements shall include: the start and stop date of any engine replacement, the manufacturer, model number, serial number, and design rating of both the engine replaced and the replacement engine. Records for emission control equipment additions shall include the date of installation of new emissions control equipment. (Reference: Regulation No. 3, Part A, Section IV.A.1.) VIII. Additional Requirements VIII.A. Engines subject to requirements of 40 CFR Part 60, Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines, Page 11 of 15 VIII.B. VIII.C. shall comply with all applicable requirements of that subpart including, but not limited to, emissions standards, testing, notification, monitoring, records and reporting. Engines subject to area source requirements of 40 CFR Part 63, Subpart ZZZZ, National Emissions Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, shall comply with all applicable requirements of that subpart including, but not limited to, performance standards, testing, notification, monitoring, records and reporting. The permittee shall maintain documentation clearly outlining applicable requirements of New Source Performance Standard (NSPS) Subpart JJJJ and Maximum Achievable Control Technology (MACT) Subpart ZZZZ for the engine registered under this permit. The documentation shall be located on - site or at a local field office with stationary source responsibility. Records may be kept in either electronic or hard copy format provided that they can be promptly supplied to the APCD upon request. IX. General Permit Registration Approval Process IX.A. Conditional certification of a registration under this general permit is effective from the date the complete registration request is received by the APCD. A complete registration request consists of all General Permit application materials required by the APCD. The owner or operator may commence construction and operation of the engine as represented in the registration upon receipt of the completed registration request by the APCD. In the event the engine(s) does not qualify for registration under the general permit the owner or operator accepts the liability of commencing these activities. IX.B. The APCD will determine completeness of the General Permit registration request within thirty (30) days of the date of receipt of the request and provide written notification to the applicant. If the applicant does not receive notification of a completeness determination from the APCD within thirty (30) days, the General Permit registration request shall be deemed complete for the purpose of Condition IX.A. IX.C. The APCD has ninety (90) calendar days from the date the APCD receives a complete General Permit registration request to provide the applicant with a written approval or denial of the registration. IX.D. The permittee shall submit a Notice of Startup (NOS) within fifteen (15) calendar days after the commencement of operation of the engine(s) registered to this general permit. The notice of startup shall include the date of startup and any make, model, and serial number information that was not available at the time of registration. If all required information is available at the time of registration, the notice of startup may be submitted with the General Permit registration request. Page 12 of 15 X. General Permit Terms and Administration X.A. General Terms X.A.1. A revised APEN shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) X.A.1.a. Annually by April 30th of the year following a significant increase in emissions as follows: X.A.1.a.(i) A change in criteria air pollutant annual actual emissions of five (5) tons per year or more, above the level reported on the last APEN submitted to the APCD; or X.A.1.a.(ii) For volatile organic compounds and nitrogen oxides sources in ozone non -attainment areas, a change in annual actual emissions of one ton per year or more or five percent, whichever is greater, above the level reported on the last APEN submitted to the APCD; or X.A.1.a.(iii) For any non -criteria reportable pollutant, if the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN. X.A.1.b. Whenever there is a change in the owner or operator of any facility, process, or activity; or X.A.1.c. Whenever a permitted fuel consumption, hours of operation, or emissions limitation must be modified; or. X.A.1.d. No later than 30 days before the existing APEN expires. X.A.2. Certain requirements of Regulation No. 3, Part D shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980 on the capacity of the source or modification to otherwise emit a pollutant, such as a restriction on hours of operation. (Reference: Regulation No. 3, Part D, § V.A.7.b. and VI.B.4.) X.A.3. This stationary source may be able to utilize the Affirmative Defense Provision for Excess Emissions During Malfunctions contained in Common Provisions Regulation Part II, Subpart E. The permittee shall notify the APCD of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to Page 13 of 15 the APCD addressing all of the criteria set forth in Part II.E.1 of the Common Provisions Regulation. X.A.4. This permit is granted subject to all rules and regulations of the Colorado Air Quality Control Commission and the Colorado Air Pollution Prevention And Control Act C.R.S. (25-7-101 et seq), to those general and specific terms and conditions included in this document. X.A.5. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. X.A.6. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. X.A.7. Section 25-7-114.7(2)(a), C.R.S. requires that all stationary sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. X.A.8. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. X.A.9. Registration under this permit is approved in reliance upon the accuracy and completeness of information supplied by the permittee and is conditioned upon operation of the stationary source, in accordance with this information and with representations made by the permittee or permittee's agents. It is valid only for the equipment and operations or activity specifically identified on the general permit registration. X.A.10. All terms and conditions of this permit that apply to the equipment covered by this permit shall be considered Applicable Requirements for the purposes of any future permit issued for the engine(s). (Reference: Regulation No. 3, Part A, Section I.B.9.a.) X.B. Registration Revision / Termination X.B.1 The APCD may deny or revoke registration under the general permit under the circumstances specified in Regulation No. 3, Part B, Section I I I.1.3.c. and require the owner or operator to apply for an individual permit as required by Regulation No. 3, Part B. X.B.2. A registration under this general permit may be reissued to a new owner by the APCD as provided in Regulation No. 3, Part B, Section II.B. upon Page 14 of 15 request for transfer of ownership and the submittal of a revised APEN, revised general permit registration and the required fees. X.B.3. Registration under this general permit is voluntary. The permittee may withdraw or cancel a registration under this general permit at any time by notifying the APCD in writing and applying for an individual permit as required by Regulation No. 3, Part B. X.C. General X.C.1. This general permit remains in effect until revised or terminated by the APCD in accordance with the provisions of Regulation No. 3. X.C.2. After public notice and comment as provided by Regulation No. 3, Part B, Section 111.1.7., the APCD may revise this general permit in order to add or delete requirements or limitations to the permit. This public notice shall be conducted in a manner consistent with the provisions of Regulation No. 3, Part B, Section III.C.4. X.C.3. If the APCD revises this general permit, it will provide written notice to affected permittees prior to the revision of the general permit. The notice will advise permittees that any existing registration to use the general permit will be automatically converted to a registration to use the revised general permit, provided that the permittee continues to meet all requirements of the revised general permit. Persons not wishing to continue coverage under the revised general permit shall have the option of applying for an individual permit as required by Regulation No. 3, Part B. X.C.4. If the APCD terminates this general permit, it will provide written notice to affected permittees prior to the termination of the general permit. The notice will advise permittees that they must apply for an individual permit as required by Regulation No. 3, Part B. X.C.5. The Division may require any source authorized by a general construction permit to apply for and obtain an individual permit if circumstances have changed since the time of the original general permit application so that the source is no longer appropriately controlled and/or permitted under the general construction permit. (Reference: Regulation No. 3, Part B, § III.1.3.c.(i)(B) Page 15 of 15