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Home My WebLink About1.0 ApplicationPUCKETT LAND COMPANY MINOR SUBDIVISION EXEMPTION LANDFARM Number MIEA7478 Septen1ber 24, 2013 TABA TABB TABC TABD TABLE OF CONTENTS APPLICATION, OWNERSHIP INFORMATION 1. Planning Application for Minor Exemption 2. Pre-Application Summary 3. 200 Foot Neighbors 4. Payment Agreement Form 5. Colorado Geological Survey Submittal 6. Puckett Authorization of Chuck Whiteman Statement of Authority 7. Conoco Authorization of Puckett Power of Attorney 8. Puckett Authorization of PDC Energy PDC Energy Authorization of Lome Prescott Statement of Authority 9. Quitclaim Deed from ConocoPhillips Company to Puckett Land Company dated June 30, 2011 and recorded June 30, 2011 at Reception No. 804598 in the Office of the Clerk and Recorder of Garfield County. 10. Special Warranty Deed from ARCO Coal Company to Puckett Land Company dated November 27, 1990 and recorded December 6, 1990 at Reception No. 419366 in Book 294 at Page 497 in the Office of the Clerk and Recorder of Garfield County. Vesting Deed. 11. Warranty Deed from The Dow Chemical Company to Atlantic Richfield Company and Tosco Corporation dated January 26, 1977 and recorded February 1, 1977 at Reception No. 276630 in Book 493 at Page 65 in the Office of the Clerk and Recorder of Garfield County. 12. General Warranty Deed from Annie H. Eshe to The Dow Chemical Company dated March 19, 1964 and recorded September 14, 1960 at Reception No. 210984 in Book 330 at Page 14 in the Office of the Clerk and Recorder of Garfield County. 12. Title Insurance Polio.y dated July 19, 2011 provided by Chicago Title of Colorado, Inc .. 13. Surface Lease between Puckett Land Company and Petroleum Development Corporation dated April 18, 2012. VICINITY MAP AND ACCOMPANYING LOCATION MAPS FINAL PLAT, LEGAL DESCRIPTION OF EXEMPTION PARCEL AND DIRECTIONS FROM PARACHUTE ACCESS DOCUMENTS I. Physical Assessment of Access to Property. Letter from SOM, Inc. to Chuck Whiteman dated May 2, 2013 TABE TABF TABG TABH TABI TABJ 2. Annual Average Daily Traffic Volumes 3. State Highway Access Penni! Application Level 2 Assessment: PDC Soil Treatment Facility Current Status of Application 4. Access Documentation -PDC Energy 5. Exxon Easement Agreement Status of Recording GEOLOGY AND SOILS I. Geology and Hydrology prepared by Olsson Associates and dated March, 2012 2. Geologic and Soil Hazards Report prepared by Olsson Associates and dated January, 2013 WATER. Water Supply Report prepared by SOM, Inc. and dated September 16, 2013. VEGETATION AND WEEDS. Integrated Vegetation and Noxious Weed Management Plan prepared by WestWater Engineering and dated September, 2013. Letter from Garfield County Vegetation Manager dated September 20, 2013 CERTIFICATE OF TAXES PAID ELIGIBILITY FOR SUBDIVISION EXEMPTION -E-mail from Carey Gagnon to Julie Hanson dated May I, 2013. TEMPLATE SIA -To be fully negotiated prior to recordation of plat. Ga1fleld County D D D ii D D Building and Planning Department 108 alh Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfiefd.countv.com TYPE OF SUBDIVISIONS Sketch Plan Preliminary Plan Preliminary Plan Amendment Final Plan/Final Plat Final Plat Amendment Conservation Subdivision Yield Plan .· 0 Common Interest Ownership Community INVOLVED PARTIES .· Owner/Applicant Name: Puckett Land Co. ii D D D D DIVISIONS OF LAND APPLICATION FORM TYPE OF EXEMPTIONS Minor Exemption Major Exemption County Road/Public ROW Exemption Rural Land Development Exemption Final Plat Amendment ·.· . . . Phone: ( 303 ) 763-1000 Mailing Address: 5460 S. Quebec St., Suite 250 City: Greenwood Village State: CO Zip Code: 81641 E-mail: chuck@rioblanco.com or ray @puckettland.com Representative (Authorization Required) Name: Eric R. Stearns Phone: ( 303 ) 763-1000 Malling Address: same Clfy: State: Zip Code: E-mail: ericstearns@puckettland.com PROJECT NAME AND LOCATION .. . Projeet Name: Puckett Land Farm Assessor's Parcel Number: 2173 -352 -00 . 016 ------------ Physical/Street Address: Highway 6 at Rulison Flyover Legal Description: la.vruhlp: 5 ~~ng~: 115 SEC 25PT OF SWSWLY~.N OP 1·10 llOF RO\VUNE CONT (25,13AC)SEC 26 SESE(NE'f 39.32AC} SEC 34 SENE,S 1 SWNE, NESWNE ~ P1 OF N 112 CONT 51.91A N OF 1·70N OF ROW LIHE PT OF NESW CONT 1'2.15AC SEC 35 NENW, SVIHW{NET3S.89A) zone District: Resource Lands Property Size (acres): 365 Acres .. Pro]ect Description . Existing Use: Aglftvlture end Ruomce Dever1;1pment Proposed Use (From Use Table 3-503): Description of Project: Change the slalus of ownership by ob\;ilnlng remaining partial ownership rrom Conoco-Phil.lips. Puckell land Co. desires lo ow11100% of a 10 acre parcel within the 365 ac1es as described by attached plal. Proposed Development Area . Land Use Type n oflots n of Units Acreage Parking Single Family Duplex Multl·Family Commercial industrial Open Space Other 2 0 101355 0 Total 2 0 101355 0 REQUEST .FOR WAIVERS . Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. list: Section: Section:------------- Section: Section: ____________ _ Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-117. list: Section: Section: ____________ _ Sectlon: ____________ Sectlon: ------------- bove and have provided the required attached Information which Is correct and t Signature of Property Owner Date OFFICIAL USE ONLY File Number: ____ • ___ _ Fee Paid:$ __________ _ GARFIELD COUNTY · Building & Planning Department 108 8111 Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2173-352-00-016 DATE: Thursday August 16, 2012 OWNER: Puckett Land Company and ConocoPhillips Company REPRESENTATIVE: Chuck Whiteman chuck@rioblanco.com PRACTICAL LOCATION: Northwest of the Rulison exit at 1·70 ZONING: Resource Land GSLVF TYPE OF APPLICATION: Subdivision Exemption I. GENERAL PROJECT DESCRIPTION An application for a Soil Remediation Facility was submitted to the County on a ±9.5-acre portion of the 365-acre parcel. That application contained a Quit Claim Deed recorded on June 301 2011 at Reception Number 804598 creating the 9.509-acre parcel without review or approval from the County pursuant to the Garfield County Land Use Resolution of 20081 as amended. This subdivision violation has resulted in the aforementioned application being held in abeyance until such time as the violation is remedied and a legal description for the 9.509-acre parcel Is created. · Applicant seeks a subdivision exemption to legally create the 9.5-acre parcel. The plat will only graphically depict the 9.5-acres but contain legal descriptions for the 9.5-acre and the remaining 355.5-acres. (see attached example). II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use Resolution of 2008, as amended 4·103 Administrative Review 5-204 Minor/Major Exemption Article VII, Divisions 1, 2, 3, 4 Tables contained in 5-102, Common Review Procedures; and 5-401, Submittal Requirements Ill. REVIEW PROCESS a. Pre-application Conference. b. Application. Submit 3 paper copies and one CD c. Determination of Completeness, d. Sc/Jedule Public Hearing. e. Evaluation by Director/Staff Review f. Review and Action by the Board of County Commissioners. g. Satisfaction of conditions and submittal of mylar for BOCC signature. IV. SUBMITTAL REQUIREMENTS Minor Exemption -table 5-401 llsts application, vicinity map (defined In 4-203 C.), site plan (4-203 D.), Final plat (5-402 G.), Water supply plan. Applicant must demonstrate compliance with exemption criteria. Submit three paper copies and one CD. Additional copies will be requested upon a determination of completeness. See code for additional submittal requirements V. 8£.!'.LIC.l\TION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: Typicall}' tbfatyp_g of revlewJs_ acjmjnistrative -:_With the decision m;idfilly___QfiltQr This appli<:_'ltiQ!]_m_<iy_be referrer! . .to the Board q_f.(ounty Commis_~QD1'.ts __ upon submitt<i! ~QJ;hat the Board m_ay_mal\e o dell':rml1J.<i.tiPn Pn .the_w_a_t~ds_sue and po_t_imti;il wa.i.ver of any ne_i;_e_~:;~ry mad standards,_JJp.on deterrollJ_aJion of tecbnkal _completene~s_a_publk he.ari11g will b.,_ s_<il.ilnd 30 day publk_n_p_tice reqLlire_d" c. Referral Agencies: May include Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, Division Pf Water Resources, GCG (fee), CDOT. Final determinatiPn made by planner upPn review of applicatiPn. VI. l\l'PLICATION REVIEW EE.ES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: c. Total Deposit: .G.ernaraLAppllcatlon Pro_c._es.slng $ TBD -consulting engineer/civil engineer fees and Colorado Geologic Survey application and fee made out to that agency $ 300.00 (additional hours are billed at $40.50 /hour) 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. s/io/7L Date l I ) Adjacent Neighbors Parcel No. 21733310000711" Mobile Oil Corp 217334300010' P.O. Box 53 Houston, TX 77001 Parcel No. 217334400014 Puckett Land Company ts ~w rittJ · ConocoPhillips Company 5460 S Quebec Street, Suite 250 Englewood, CO 80111 Parcel No. 217335300025 , Rulison Homestead Blue Ribbon 217335300026 • Ranch LLC /? ~vJ7'Ho'? 673 Lasalle Com1 Grand Junction, CO 81504 Parcel No. 217335400034 , Velma & Joseph E. Weinreis 14704 Highway 6 & 24 Parachute, CO 81635-9727 Parcel No. 217335100033 ' Joseph E. Weinreis ) 14 704 Highway 6 & 24 Parachute, CO 81635-9727 Parcel No. 217335400020 I Gary Lee Mahaffoy 217325300003 I 4947 County Road 309 Parachute, CO 81635-9109 Parcel No. 217325300035 v A Douglas Teter Trust & Beverly A. Teter 4949 County Road 309 Parachute, CO 81635 Parcel No. 217322200951 ./' US Naval Oil Share Reserve US Department of Energy 1000 Independence Ave SW Washington, DC 20585 COLORADO GEOLOGICAL SURVEY SU8MITT AL FORM FOR LAND-USE REVIEWS county Garfield Date------- Project Name Puckett Land Farm Subdivision Exemption APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-revlew fee) Name Puckett Land Co. Address 5460 S. Quebec SI, Suite 250 Greenwood Village, CO 80111 Ph. No. 303.763.1000 Fax No. 303.763.1040 Reviews for Counties FEE SCHEDULE (effective June 1, 2009) I I I I 14, fl, or/~ 14 __ _ Seclion(s) 25,26,34,35 Townsh!p_6_S __ _ Range _9_5W __ _ D;c Lat 39.49090'N Dec Long 101.ssMS'W Small Subdivision {> 3 dwellings and< 100 acres) ......................................... $950 Large Subdivision('.: 100 acres and< 500 acres) ....................................... $1,550 Very Large Subdivision (500 acres or more) ............................................... $2,500 Very small resldentlal subdivisions (1·3 dwellings and< 100 acres) .......... , .. , . , ... $600 Reviews for Municipalities ........................................ Al /Jour/y rate otreviewer Special Reviews ......................... , ............. , ...... , , ....... Al hourly rate of reviewer School Site Reviews . , ....... , .. , , .... , .............. , .. , ............ , ..... , . $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, Wlder State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado munlcipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu· late development activities in hazardous or mineral-resource areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively, Local-government agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance with State statutes. The CGS reviews the submitted documents and serves as a technical advisor to local-govenunent plamung agencies during the planning process. Since 1984, U1e CGS has been required by law to recover the full direct cost of perform- ing such reviews. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and construct a safe devel- opment. Proper planning for geological conditions can help developers and future owners/users reduce unnecessary maintenance and/ or repair costs. Colorado Oeolo91u.I Survey, 1313 Sherman S\reBI, Room 71~, Denver, CO e0203 • Ph: 303-666-2611, Fax: 31>3-t!SS.2~61 «ea!ed 3/Hi/9&. 1evl~ed 4123/09 2 3 4 5 6 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process t\'11y t1111 I required to luwe n CGS review w/le11 I nlre11dy f1ired n1uf paid/or my owu co11s11ltm1t? In 19721 SeMtc Bill 35 was passed stating that any person or entity subdividing a property into parcels ol 35 acres or less on unincorporated land must submit geologic or geolechnkal reports to the County as part of the preliminary plat application process. Municipalities or public agencies niay request that CGS review a site, although these reviews are not governed by the statute. \V11y fs n CGS review 11eccssnry wlte11 J already IJired my ow11 geologist? The CGS review is an independenl third·party review that is done for the County, similar to the service a building inspector provides for construction revJew. The purpose of the CGS review is to ensure lhal all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed development is feasible. Wiiy does CGS t1U1rge for lmul use reviews? Doesu't tt1xp(lyer 111011ey p11y for t/Jf$ service? CGS land use reviews are nQ.! subsidized through the general fund, although some other review agencies are supported by taxpayer money. In 1984 the state legislature decided that CGS reviews should be paid for \Vith lees paid by lhe applkant of the proposed development so that taxpayers are not viewed as subsidbdng development. Did_ tlie CGS geologist make a/1'eld vis1't to tlu. site? A CGS geologist visits each site being reviewed. If the review is a re-submittal for a site that has been visited previously, a second site visit may not be necessary. If significant changes have occurred since the inJtial review·, the site may be visi!ed again. W11y i's tl1e CGS review letter so sl1orl a11dsimp1e7 W1iat fs my fee pnyiJJgfor? The CGS letter is a review of the geologic material submitted and reflects the level of detail contained in those documents. CGS does not offer desigru, but rather ensures that lhe work that has been done is meaningful and adequate for the site conditions and proposed development. A site review that adequately addresses all the geologic conditions present at the site may be a short confirmation letter. If more work needs to be done or if difficult site conditions are present, the letter n\ay be longer, W1int type of iufon11atio11doI11eed to s11bmlt to CGS for fl lt111d use review? The more geologic inlomuit:ion that is submttted to CGS, the easter lt is for CGS to evaluate lhe property. The required documents may vary based on county requirements and lhe potential problems that may impact the proposed development, A topographic map is essential. Also, information regarding slope, surfidal materials, subsurface materials and bedrock, presence of groundwater and depth, and speci!ic geologic hazards should be included, where applicable. Gradlng plans, drainage plans, and geotechnkal testing results are also very helpful for the revlew. The presence of geologic hazards should be evaluated wlth respect to the developnient plan. Al.so, the effect of development on geologic conditions should be discussed. The evaluation should include l\lternatives such as avoidance and mitigation technJques. 7 The subdivision down t11e road uins approved1 wlty wasn't miue? There could be several reasons: geologic conditions can change over short distances; subdivisions made pr!or to 1972 \Vere not required to undergo a CGS revle\V and may have not been evaluated for geologic suitability at all; the area down the road may be incorporated as part of a municipality, which exempts it from the CGS review process. Another consideration Is that geologic reviews are continually evolving and site conditions that have been judged acceptable in the past may no longer be considered as such, based on the current understanding of Ute geologic processes and adverse Impacts associated wlUl thenl. 8 W11y nre CGS reviews required eve11 011 lo1v-deuslty prDperties? Senate Hill 35 pertains to subdivisions of less than 35 acres. Geologic hazards can occur on large.scales or small-scales; relying on low-density subdivision can not nUtigate all geologic hazards. For instance, entire hillsides might be prone to rockfall or landslide hazards. Large tracts of land may be subject lo groundwater problems. 9 lV11y cnu't I just 11se tire soil co11servntio11 mflps for n geologic report? The USDA soil conservation maps are a good start for geologic Investigations, but do not contain sulficient detail on the possible geologic problems that may occur at any site. 10 Aren't some of your review comments beyoud t11e scope of geologic 11nznrds 011 my site? Technically other agencies have regulatory authority regardlng issues such as flood plains, groundwater availability and lvildfire, but these issues are also important factors in the overall geologic context of the site and may affect geologic hazards on the site. The n'ention of a condition in the CGS rev1elV letter is not intended to influence lhe statutory authority of any other agency, but rather to ensure that all parties are aware of a potentially problenU1lic geologic condition For instance, mention of a situation involvil\g a major drainage is a flag that the U.S. Almy Corps of Engineers or the Colorado Water Conservation Board should be reviewing development p!aru. 11 l-V11e11 I bo11gl1t this property, 110 one told me abDllt n11y geologic linzards 011 tl1e site; c1111 I go back to tl1e previous owners somel1ow? CGS cannot give legal advice. If the seller was aware of adverse conditions with respect to the proposed use, th.ls should have been disclosed. A legal opinion shou Id be sought. 12 Can I get a wn{ver fro111 lrnvi11g tl1e CGS do a review? The discretion to grant waivers is vested by !a,v with the counties. Once an application for review is submitted to CGS, we are under a statutory responsibility to respond. 13 I am tvilli11g to accept tl1e risk nssociated wit11111y property - wliy f!l it m1yo11e's business wlwt I do wlt11 my own lttud? The presumption associated with a subdivision is lhat portions of the property will be sold to olhers. Thls then assigns any risk to future buyers, and the county Is requtred to protect their interests. Senate Bill 35 addresses a wide variety of land use l.ssues as well as geologic suitability in an attempt to provide information so that the overall appropriateness of the subdivision proposal can be evaluated. (!) PUCKE'T"f · Land Company r-----------------------------------fJfJio September 13, 2012 l<athy A. Eastley Garfield County Building and Planning Deparment 108 a"' Street, Suite 401 Glenwood Springs, Colorado 81601 Refernece: . Authorization of Consultant to Represent Puckett Exemption In Section 25, T6S, R95W of the 6'" P.M., Garfield County, C~lorado Dear i(athy: Please accept this letter authorizing, Charles R.Whlteman, whose contact Information is P.O. Box 957, 285 8th Street, Meel<er, Colorado 81641, (303)763·1019 to act on Puckett Land Company's behalf during the application and approval process of the referenced Division of Land. Thank you for your consideration. Sincerely, Eric R. Stearns, President Cc: Chuck Whiteman ~ursuant to C.R.s, §3,0M30-1?2, the underslgned exectites this Statement of Authority on behalf of Puckett Land Company a color.ado {cox:po:ration, limited liability co~any, general partnerBhip, registered limited liability pat:tnership, regJ.stered limited liability limited partnership, limited partnership aseooiation, government agency, trust or other), an entity. other than an individual, capable of holding t~tle to real property (the "Entity"), and. J;1tatea as followa 1 The name of the Entity is Puckett Land Company and is formed und.et" the laws of -~c~o~l~o~r~a~d~o'------------ The tnaillng address for the Entity is 5460 s. Quebec st •• Suite 25n1 Grppnwpod Village CO 80111 The name and/or position of the person execute ins.truments conveying, eocuMering, affecting title to real property on behalf of Rrig R. Stearns. its President authoiized to or otherwise the Entity is The liM!tations upon the authority of the person named above or holding the position described ahove to bind the Ent~ty are aa followa: One Hundred Thousand Dollars (if uo l.imltatione, in.!lert ~NoM•) Other ina.tte.-rs concerning the manner in which the Entity deale with any interest in real property a.re1 ~-----~-~ (!f no other iutter, le'll.Va th.is section hlan);) """"""' tb1' -2J.l:<ldAY Of '"ll'"~ ~ s!gnat: ~ .. ~t:;::1~···· Nnrne ( t;hied or printed1 -"B~·-"E~._;:P~u~c~k~eut~t~---- T ltle fit a.h.}') 1 ..::.B~o~a~r~d:._:C~h~a~l_r~ma--'-n'------- STA.TS OP Colorado ) )SS, COUNTY OF l\rAhi;JhOe } 'I'he t:ore!j'oing in:!ltrur.ie.ot Ila.II ac>.:nowlt.dged )Jefora ina All!Jl!St ' 20J.1 by R E p11ckett Puckett Land Cnmp .. ny , as aoard Chairman Hitn~ae r.iy band and o'ficial 9eal. My coir.rideaion e:.(ph:.ae1 ~i;IJ ts~) os/os RAYMOND S. ANDERSON .-, ffi.!tvrw 7t!. : NOTARY PUBLIC STATE OF COLORADO PUCK~Tf LAND COMPANY 5460 So. Quebec St., Suite 250 Greenwood Village, CO 60111 this 23rd day of , on hahalf o( ·~/ ConocoPhillips March 11, 2013 Kathy A. Eastley Garfield County Building and Planning Department 108 B~ Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization for Puckett land Company to Represent ConocoPhillips Puckett Land Company Exemption Application-land Farm Garfield county file Number MIEA7478 Dear Ms. F.astley: Brandon Kc!ff' ConoccPhllflps Company 600 North Dally Ashforo. PTRRC . Houston, TX 77079·117S "'"'"" 281·293-3713 fO)(: 281 ·293·2604 Brandon.R.Kerr@<on""'!lhiHlp5.oxn Please accept this letterauthorlzing, Puckett land Company, their employees and representatives whose offlces are located at 5460 S. Quebec St., Suite 250, Greenwood Village, CO 80111 to act on our behalf for the limited purpose of the exemption appllcation referenced above, and In no way shall extend beyond December 31, 2013. Thank you for your consideration. Since roly, CDNOCOPHILLIPS COMPANY By: ___ u_ra_rul_a_n_U_e_rr __ '.!Jl•tn<Y in Foci POMTRRC OVOl/03 POW.ER OF ATIORNEY TO WHOM lT MAY CONCERN: ConocoPhlllips Company ("ConocoPhillips"), a Delaware corporation, having an office and place of business at 600 North Dairy Ashford Road, Houston, Texas 71079, acting herein through Donald G. Hrap, its Vice President, being duly authorized by resolution of its Bonrd of Directors does hereby constitute, make and appoint Brandon R, Kerr, its true and lawful attorney-in-fact, to exercise the following powers for it acd in its name, place and stead, from May l, 2012, until midnight October 31, 2017, unless sooner Cllll.celed or terminated: (!)to purchase, lease or otherwise acquire; to hold, maintoin, improve, operate, or otherwise use; to sell, exchange, let, suble~ convey, surrender or otherwise dispose of or turn to account any and all kinds of real and personal property and any and all rights and interests 1herein (including, without Umillng the generality of tho foregoing, oil, giis and/or other mineral teases, options, pennits, royalties and other mineral rights); (2) to Impose, establish, acquire, surrender or release servitudes or easements; (3) tn make application for governmental franchises or permits of every kind and nature; (4) \o enter lnlo any instruments relating to clahns for and agalnst ConoooPhi!lips arising out of contract, alleged negligence or any other basis, Including but not . restricted to compromises, seUlement agreements, releases, covenants not to sue, surety bonds, indemnity bond1 ·and hold harmless agteetnents, and aiiy and all inslruments relating lo applications and reports for workers' compensation, lnoludlng bul not limited lo applications, financial statements; report of employers' qualificatlous, lnjury and accident reports; (5) to enter Into any and all instruments relatlng to ad valorem tax matters and ht connection therewith to file for and accept refunds and to give notices to any agencies and bodies on behalf of ConocoPhillips; and (6) do such 1hlngs, perform :mch acts and to execule, acknowledge ond deliver such insti:uruents as may be necessaty or convenient In connection with any of the foregoing. 111e powers herein confe1tcd shall extend to all acls and transacUous affecting property, both real and personal, situated in any f<tate of U1e Unlted States or iu any county or parish thereof or iu the District of Columbia or within the Limits of the Continental Shclfappertainitig to the United States of America. The said ConocoPhillips hereby declares that each and every tl1ing done, net performed and ins!nlment executed and delivered by its said attorney-in-fact, in connection with Ute exercise of any or all of the powers hereinabove enumerated, shnll be good, valid and effectual to all Intents and p\U}1oses as if the same had been done, performed, executed or dellvered by the said ConouoPhl\lips in its corporate presence aS the cnse may be; and it hereby ratifies whlltsoever said attorney shall lawfully do by virtue hereof. Exccu1ed on April 24, 2012 but effective°" of May 1, 2012. STATE OF TEXAS § COUNTYOFHARIUS § Before me, the wtderslgned Notary Public, authorized to take aclmowledgments in said counly and state, personally appeared Donald G, Hrap, personally known ta me ru1d who, being by me duly sworn, did depose and say that his address is 600 North Dairy Ashford Road, Houston, Texas 77079, that he Is a Vice President of ConocoPhillips Company, a Delaware corporation, and tbat tl1c seal affixed to the within and foregoing instrument is the seal of said corpora1ion, that he is infonned of the contcms of the instrument, and that said lns1rument was signed by him and sealed on behalf of said corpora lion by authority of a resolution of its Board of Directors, and he acknowledged ta me that said corporation executed said instrument as its own free and voluntary act and deed for U1e consldcratlo1~ uses and pu1poses U1erein set forth. Witness my hand and official seal on April 24, 2012. -~>-'1Ylcvt.;,L £..H/vv--•L-- Notruy Public, StateofTexas ! ' i l November 23, 2011 Garfield County Building and Planning Department 108 s" Street, Suite 401 Glenwood Springs, CO 81601 RE: Major Impact Review Application Land Farm Garfield County, Colorado To Whom It May Concern: Land Company This letter is to inform concerned parties that Puckett Land Company ("Puckett") has authorized PDC Energy ("PDC") to pursue the necessary permits for the proposed Land Farm located on Puckett property in Township 6 South, Range 95 West, Section 25. Should there be any questions regarding PDC's capacity, please call rne at (303) 763-1000. Sincerely, PUCKED LAND COMPANY / 1--- ") \. \, Date:__./,~1~/_._-'""l~/~J~r _____ _ February 1, 2012 Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Agent Authorization To Whom It May Concern: Petroleum Development Corporation (dba PDC Energy) hereby authorizes Lorne Prescott with Olsson Associates, to act as agent on PDC's behalf for the land-use change permit application for the proposed Piceance Centralized Soil Treatment Facility located In the SWl/4 of Section 25, T6S, R95W, 61h P.M. In Garfield County, Colorado. Please contact me at 303-860-5800 If you have any questions. Sincerely, :2:!.if Vice President Land CORPORATE OFFICE: Petroleum Development Corporahon 1775 Sherman Street, Suite 3000 Denver, CO 80203 3038605800 BRIOGEPORT OFfCE: Pe1roleum Developmenl Corporallon 120 Genesis Boulevard• P.O. Box 26 Bndgeporl, l/N 26330 3048423597 I STATEMENT OF AUTHORITY James R. Schaff as Vice President Land for Petroleum Development Corporation, a Nevada corporation Is authorized to act on behalf of, and represent Petroleum Development Corporation In all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Petroleum Development Corporation files of record statement that James R. Schaff no longer have authority. Petroleum Development Corporation acknowledges that when any such permits are Issued by Garfield County, the County may choose to for them of record and such permits may contain covenants that run with the particular lands identified in such permits. t Corporation me: Scott Reasoner Title: Vice President Western Operations STATE OF COLORADO COUNTY OF DENVER This instrument was acknowledged before me on this 9th day of December, 2009, by James R. Sc ha ff as Vice President Land. a Nevada corporation. ~--~··· ~-~~,.,..~-.-. AUL WHISENAND NOTARY PUBLIC T:-TE ~F c_c:::.oRADO My Commit1sion F.xo1res O:V27/201 o Notary Public, State of Colorado 804598 06/30/2011 12·A~:08 PM Page 1 of 3 Jean Albertco, Garflelo ;unty, Colorado Rec Fea: $21.0.0 Doc Fee: $0.80 eRecorded STATE OF COLORADO COUNlY OF GARFIELD § § § QUITCLAIM DEED FOR AND IN CONSIDERATION of the surn of Ten and No/100 Dollars ($10.00) and other goad a.nd valuable consideration In ha.nd paid, Iha receipt and sufficiency of which are· hereby acknowledged, the· undersigned, CONOCOPHILLIPS COMPANY, a Delaware Corporation ("Granter"} .. successor by name change lo Phllllps Pelroleum Corporation, a Delaware corporation, successor by merger to Tosco Corporation, a Nevada corporation whose office address Is 640G Plaza Office Bulldlng, POB-05-5400, Bartlesville, OK. 74004, does hereby quilclalm unlo PUCKETT LAND COMPANY, a Coiorado Corporation as ('Grantee",), wllh office located ~15460 s. Quebec, Suite 250, Greenwood Village, CO. 80011, all of Granlo(s , right, Ulla and lnleres~ tt any, to the surface of !hat certain real property In Garfield County, Colorado (lhe ~ 'Property'?, described as follows: I)) BEGINNING AT THE SOUTHWEST CORNER OF SECTION 25, T6S, R95W, U.S.B.&M., e'" PRINCIPAL J:. MERIDIAN THENCE NDODEGREES55'6'W 489.40' ALONG THE WEST SECTION LINE OF SECTION 26 ~ TO THE TRUE POINT OF BEGINNING, THENCE: NOODEGREES55'08'W 834.01' ALONG THE SAID WEST LINE, THENCE N89DEGREES19'53'E 986.57', THENCE S49DEGREES12'41"WEST 1289.12' TO THE POINT OF BEGINNING. BASIS OF BEARINGS IS A GPS OBSERVATION. CONTAINS 9.509 ACRES MORE OR LESS TO HAVE AND TO HOLD the above described Property unto lhe Granlea, Grantee's heirs, successors and assigns forever so that nellher Granlor, nor any parson In Its name and behalf, shall have, claim or demand any rlghl or tllle to the above described Property or any part thereof. This Quttclalm Deed does not cover and Grnntor hereby specifically cx.cepts and reserves from this Quitclaim Deed all water rights, oil, gas and other minerals In and under Iha Property. GRANTEE HAS INSPECTED rHE PROPERTY AND SURROUNDING PREMISES AND SATISFIED ITSELF AS TO ITS PHYSICAL AND ENVIRONMcNTAL CONDITIONS. ON AND AFTER THE EFFECTIVE DATE, GRANTEE AGREES TO ASSUME ALL RESPONSIBILITY AND l.IABILITY RELATED TO THE ENVIRONMENTAL CONDITIONS OF THE PROPERTY AND AGREES TO DEFEND, INDEMNIFY AND HOLD GRANTOR AND ITS AFFILIATED COMPANIES AND THEIR RESPECT NE SHAREHOLDER:>, DIRECTORS, OFFICERS AND EMPLOYEES ("GRANTOR GROUP") HARMLESS FROM !\ND AGAINST ALL CLAIMS ARISING FROM THE PRESENCE OF NORM, ASBESTOS AND ANY OTHER ENVIRONMENTAL CONTAMINANTS OR POLLUTANTS WHICH MAY BE IN OR ON THE i'ROP.ERTY. GRANTEE'.S F.OREGOING OBLIGATION OF INDEMNITY SHALL APPLY RqGARD~ESS Olt WH.ETHER SUCH LIABILITIES ARISE UNDER CONTRACT, TORT, OR STl)TUTE, REGARDLE~S OF 'THE! SOLE OR CONCURRENT NEGLIGENCE, FAULT, OMISSION, OR $TRICT OR STATUTORY LIABILITY OF GRANTOR GROUP, AND REGARDLESS 01' WHETHER THE LAW, RULE, OR JUDGME.NT ESTABLISHING SUCH LIABILITY IS IN EXISTENCE ON THE EFFECTIVJ: DATE. GRANTEE HEREBY AGREES TO RELEASE, ACQVIT ANO FOREVER DISCHARGE GRANTOR GROUP FROM ANY ANO ALL CLAIMS, DEMANDS, DAMAGES, D~BTS, LIABILITIES, CONTRACTS, AGREEMENTS, OBLIGATIONS, ACCOUNTS, DEFENSES, SUITS, ACTIONS, <;AUS.ES OF ACTION OR CL/(IMS. FPR RELIEF OF ANY KIND OR CHARACTER WHATSOi;VER, KNOWN Of\ UNKNQWN, SUSPECTED OR UNl!USPECTED, IN CONTRACT, IN TORT, UNDER STAWTE, pR QTH~RWfSS, FOR PERSONAL INJURIES ANO PROPERTY DAMAGES, AT LAW OR IN EQUITY, WHETHER HE~J:TOfORE OR, HEREAFTER AC,CRUING WHICH GRANTEE EVER HAD OR NOW HAS OR MAY IN THE FUTURE HAVE AGAINST GRAt)!TOR IN ANY WAY CONNECTED WITH, ARiSING ,OUT OF, OR RELATED lN ANY MANNE.R TO (I) THE PROPEfffY QUITCLAIMED HEREUNDER, AND/OR (II} ANY ACTIONS TAKEN BY OR OMITTED iO BE TAKEN BY GRANTOR ON, NEAR, OR CONNECTED TO THE PROP~RTY C\UITCLAIMED HEREUNDER. Quitc!a!rll Deed -DowVaney 804598 06130/2011 12 '':OB PM Page 2 of 3 Jean Alberico, Garfield _Junty, Colorado Rec Fee: $21.00 Doc Fee: $0.80 eRecorded 'THE FOREGOING RELEASE SHALL INCLUDE, WITHOUT LIMITATION, ANY ANO ALL CLAIMS RELATING TO OR ARISING OUT OF Alff ALLEGED CONTAMINATION, WHETHER OF $OIL, SUBSOIL, AIR, SURFACE: WATER, AND/OR GROUNDWATER, ON OR UNDER OR NEAR lHE PROPERTY {INCLUDING BUT NOT U!lllTED TO ALL PERSONAL INJURY CLAIMS, MENTAL AND/OR EMO'flDNAL DISTRESS CLAIMS, MEDICAL MONITORJNG CLAIMS, AND PROPERTY DAMAGE CLAIMS). GRANTEE COVENANTS AND AGREES THAT !TWILL NOT ATTEMPT TO AVOID 'fHE EFFECT OF 'fHIS RELEASE BY LATER ARGUING THAT Ai THE TIME OF THE RELEASE IT DID NOT FULLY APPRECIATE THE E)(TEITTOF CONTAMINATION, IF ANY, ON THE PROPER'fY. 1'01< CLAIMS ASSERTED AGAINST GRANTOR WHICfl ARISE OUT OF OR RESULT FROM THE ABOVE·RELEASEO CLAIMS, GRANTEE AGREES TO HOLD GRANTOR HARMLESS ANO AGREES TO INDEMNIFY AND DEFEND GRANTOR FROM AND AGAINST ALL SUCH CLAIMS. FURTHERMORE, GRANTEE' COVENANTS NOT TO SUE OR TAKE ANY OTHER CIVlL OR ADMINISTRATIVE ACTION AGAINST GRANT OR WHICH ARISES OUT OF OR RESULTS FROM THE ABOVE-RELEASED CLAIMS. THIS QUITCLAIM DEED 13 MADE: WITHOUT WARRAITTY OF TITLE, AND WITHOUT ANY OTHER REPRESENTATION OR WARRANTY OF ANY 'fYPE WHATSOEVER, EITHI* EXPRESS, STATUTORY on IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF FITNESS FOR ANY PURP08E, CONDITIONS OR MERCHANTABILITY, AND WITHOlJT WARRANTY OF ANY KIND OR NATURE WHATSOEVER REl.AWIG TO THE PHYSICAL, OPERATIONAL OR ENVIRONMENTAL CONDmON OF THE PROPERTY QUITCLAIMED HEREUNDER. WITHOUT LIMITING THE FOREGOING IN ANY WAY, ALL PROPE'RTY QUITCLAIMED HEl<EBV IS TRANSFERRED BY GRANTOR AND ACCEPTED BY GRANTEE "AS IS, WHERE IS AND Wlllf ALL FAUL 'TS." This Instrument may be executed Jn counlerparts, but Ii shall not bind any party hereto unless and · until II ls executed by all parties hereto. 'fhe terms and provisions ol lhis instrument shall extend lo and bind the respecllve heirs, successors, represenlallves, and assigns of Granlor and Grantee. IN WITNESS WHEREOF, lhls Instrument Is executed by Granter and Granlee as of the re9j).{'Clive a<:kno edgment dates set oul below, but after execuUon by all parties shall be effec:Uve as of lhe _.?U_day of 2011 (the 'Effective Dale"). GRANT OR GRANTEE By: .,...,.d-U-1-,,~~~~;;::~-,.-- Prinled 'Tille:---'-=="'"'""'---'------- Ouitc!a!m Deed -Dow Valley) 7 804598 06/30/2011 12· ''l:OB PM Page 3 of 3 Jean Albertco, Garfiela . JUnty, Colorado Rec Fee: $21.00 Doc Fee: $0,80 eRecorded ACKNOWLEDGMENTS STATE OF OKLAHOMA § § COUNTY OF WASHINGTON § On this ~ day of ;J,, ,.,_Q,,. 2011, before me 'J)Q \;\,, Q, 5:>1ol ~ C , Jhe undersigned off:cer, perwnally appeared M.R. Headley, kno\•m lo me (or sailsfactorily proven) lo be Iha person whose name Is subscribed as Attorney-In-Fae~ of CONOGOPHILLIPS COMPANY, and acknowledged that he, as such Attorney-In-Fact, being authorized so to do, executed the foregoing lnstrllmenl as the act of his prlnclpal for \he purposes therein contained, by signing \he name oilhe said C HtLLlPS COMPANY by himself as Attorney-Jn-Fact Nola!'/ Publlo \ .~ 1 Q ' \' t Stat• of Oklaho"a ry' 1111 a J ~ 4\;,\J!, ), Mf~iS~SW~~ulflW NOTARY PUBLIC COU!XSSI01Ul""®l2 " comm. E · 05·1HOH Notal)' Public In and for Washinglon Counly My coJJlllllsslon expires: 1/ :,-/7-JC)l'f STATEOF ;fl®'.ic,f 06 Cob~I~ OOOOl'\'i:ll'" ___ _ Quitclaim Deed-Dow Valley) § § § J I I ' fECOlH>Et> Al I 1~ fEC A 419366 l!Q RUJ. fRQ?ERN W.llSfUI OECL\RATION ~ro:JMPAU-Et> THIS W.:UMfH\' o• CLOCK f .H. OEC 6 \9lm MlLDREO ALSDQRF1 COUNT~ ClERK GARFieLD COVNl~r (OLO~ADO SPEcrAL WARRANTY DEED (Garfield County, Colorado) ... ::"' ~~: ;·:-:; .... '. .'; '.~;~ ~!~~ IOQI( 794 PIG!.497 o~tRn~~99\l 81al!1 Doc. Fee ATLANTIC RICHFlELD COMPANY, acting through its ARCO coal Company division (~Seller"), a Dela.ware corporation, whose address is 555 seventeenth Street, Denver, Colorado 80202, Attn: Land· Department, for and in consideration of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells and conveys to PUCKETT LAND COMPANY ("Purchaser"), a Colorado corporation, whose address is 7600 East Union Avenue, suite 130, Denver, Colorado 80237, and their successors and assigns forever, the following real property located in Garfield County, Colorado: a, All of Sellor1 s right, title and interest, in and to the fee, mineral and real property interests, excluding the water rights, if any, in the real property located in Garfield county, Colorado as more specifically described in Exhibit A (the "Properties"); b. All of Seller's right, title and interest in and to the water rights, if any, listed on Tables 1-4 attached hereto {the "Water Rights"). c. All of Seller's right, title and interest in and to all personal property, buildings and improvements located on and appurtenant to the properties described in Exhibit A (the "Improvements"), The Water Rights and Improvements are sold AS IS, WHERE rs, and Seller makee no warranties or representations of any kind or character, express or implied, includin9 any ~arranty of title, quality, merchantability or fitness for a particular purpose, including without limitation the condition of the Im~rovements or their electrical, mechanical, plumbing, structural, roof or any other system, and the title, quantity, quality, priority or right to use the water rights conveyed with the Properties. Further, Seller makes no representations or warranties whatsoever regarding the zoning or other restrictions of any of the Assets or regarding what alternative uses to which the Assets might be put. The Properties are sold AS IS, WHERE rs, and Seller makes no representation or warranty of any kind and character, express or implied as to real property title, except that Seller does warrant title against any claim arising by, through or under Seller as to the real property title to the Properties. tr:~i.'·~t:.:,.·.· .. ;.-·:.· . ''. ' .... , . ,. i"' '.·j'.':"'01 79'1 riwl9S c: '.~ .. :::· .'·· t?.~~);1. IOOK The parties s~ecificatly agree that the terms, conditions, representations and warranties contained in that certain Purchase and Sale A9reement (Oil Shale Properties) dated October 31, 1990, by and between ARCO and Puckett, will not merge with the terms, conditions, representatione and warranties contained in this Special Warranty Peed, ln Witness Whereof, Saller has caused these presentg to be executed in its corporate name by an \11<..C PPt61~ of the Corporation, effective as of the ,,M day of Novem~l990. ATTEST ss. ARCO COAT, COMPAN'.i:' I a di vision of ATLANTIC RICHFIELD COMPANY, a Delaware corporation ~rt~~ t.1' The fore90ing i~strument w&xacknowledged ~efore me .this~ day of Novambei, 1990 by ,..,,/,,1 ~ .... Stn. /'h.., as (/. r& f,J~1 "(..,:Jof ARCO Coal Company / a dJ.visiOn 0 Atlantic Richfield Company, a Delaware corpora:·tion. (SEAL] :' . "·~. :. ,:., ... : _,., . .,. : ; · .. '·' .\"'/: .. ~ ..... ". '... . , ,,,_,{~ I. c~· ·~1.e:frit· ary Pu le /A. My expires: ( -2- s _,:Ji ·::J ·.::{~ [Jipl . -~j ..;~ l:.fa . re;'§~ '.: ~}:'J ; 1'.J! . . .. ,· .. ,· .. ··,.·.·,\ ... • ... ·,·,· .... ·., .. :_·.· ,_:;:_ .. '.·.'.··.'····.·.~--.'.·.~ ... "_;,:_~_~!.~~-· . ··.=:,,_,,__, . .-.. ;· ·,,:.'.1.1i~;;,-;;L~B~~:, ;~!;{~::}~~:;.,:/; ,. ,,:: -·"'~l<:'. , .. , EXH\81T A {Garlield. CO) DOW RIVER -TOSCO 40')(, . OIC0214003B THE FOLLOWING DESCRIBED PARCELS OF LANO SfTUATf., LYING ANO BEING IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO WIT: TRACT 1: SECTION 34 (AND SECTION 3, TOWNSHIP 7 SO.;TH, PANGE 95 WEST OF THE STH P.M.) THAT PART OF THE EAST HALF (El2) OF THE SOUTHWEST QUARTER (SW/4), SECTION 34. TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND THAT PART OF LOT ONE (1), SECTION 3, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY AND EASTERLY OF THE FOUOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF (El2) OF THE SOUTHWEST QUARTER (SW/4) AND SOUTHERLY SANK OF WILCOX CANAL WHENCE THE NORTH QUARTER (N/4) CORNER OF OAID SECTION 34 BEARS NORTHO DEGREES 30 MINUTES EAST, 2,907.9 FEET: THENCE FOLLOWING THE SOUTHERLY BANK OF THE WILCOX CANAL SOUTH 61 DEGREES 0 MINUTES WEST, 631.6 FEET; THENCE SOUTH 41 DEGREES 01 MINUTES WEST, 476.9 FEET; THENCE SOUTH 59 f"lEGR~f1S e:s Mlt~t!TES we:sr. .;~J.O FEET TO THE CENTER OF COTTONWOOD CREEK; THENCE, FOLLOWING THE CENT!OR OF COTTONWOOD CREEK, SOUTH 30 DEGREES 0 MINUTES EAST, 37.0 FEET; THENCE SOUTH 57 DEGREES 30 MINllfES EAST, 95.0 FEET; nlENCE SOUTH 24 DEGREES o MINUTES F-AST, 210.0 FEET· THENCE SOUTH 14 DEGREES 0 MINUTEf. WEST, 250 FEET: THENCE SOUTH 1 DEGREES 0 MINUTES EAST, 106 FEET; THENCE SOUTH 32 DEGREES 0 MINUTES WEST, 160 FEET; THENCE SOUTH 17 DEGREES 30 MINUTES EAST, 226 FEET; THENCE SOUTH 15 DEGRE.ES 0 MINUTES EAST. 136 FEET: THENCE SOUTH 63 DEGREES O MINUTES WEST, f 03 FEET: THENCE SOUTH 19 DEGREES 30 MINUTES EAST, 190 FEET; THENCE SOLITH 6 DEGREES 0 MINUTES WEST, 215 FEET; THENCE SOUTH 2 DEGREES 0 MINUTES EAST, 160 FEET; THENCE SOUTH 21 DEGREES O MINUTES WEST, 253 FEET: THENCE SOUTH 40 DEGREES o MINUTES EAST, 75 FEET; THENCE SOUTH 1 DEGREES 0 MINUTES WEST 108 FEET; AND THENCE SOUTH 50 FEET TO THE COLORADO RIVER. SECTION 34: SOUTH HALF (S/2) OF THE NORTHEAST QUARTER (NE!4), EXCEPT THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST OUARTER (SW/4) OF THE NORTHEAST QUARTER (NE.'4); THE NORTH HALF {N/2) OF THE SOUTHEAST QUARTER (SEl4); THAT PART OF LOT ONE (1) LYING NORTHERLY OF THE RAILROAD RIGHT-OF·WAY; AND LOT TWO (2). SECTION 35: SOUTHWEST QUARTER (SW/4) OF THE NORTHWEST QUARTER (NW/4); NORTHEAST QUARTER (NE!4) OF THE NORTHWEST QUARTER (NW/4); NORTHWEST OUARTER (NW/4) OF THE NORTHEAST / ·'"·· : ... .,;· '• ':·.·: ..... • ·: .. ' ......... !•' ·• ....... ::.' DOV/ RIVER • continued QUARTER (NE/4): SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NWl4); THAT PART OF THE NORTHWEST QUARTER (NWl4) OF THE SOUTHWEST QUARTER (SW/4) AND LOTS ONE (1), THREE (3), FOUR {4) AND EIGHT (8) LYING NORTHERLY OF THE RAILROAD RIGHT·OF·WAY. SECTION 36: THAT PART OF LOT THREE (3), LYING NORTH OF THE RAILROAD RIGHT·OFWAY: AND SECTION 26: THE SOUTHEAST QUARTER (SE/4) OF WE SOVTHEA&'T QUARTER (SE/4). SECTION 25: THAT PART OF THE SOUTHW.~ST QUARTER (SWl4) OF TI-IE SOUTHWEST QUARTER {SW/4) LYING t<ORTI-1 OF '11iE RAILROAD RIGHT-OF.WAY. EXCEPT TI-IOSE PARCELS OF LAND KNOWN AS PARCELS NO. 400, 401, E-401A ANO E-401 B AWARDED TO STATE DEPARTMEITT OF HIGH\'i;ws, DIVISION OF HIGHWAYS, STATE OF COLORADO, BY AMENDED RULE AND ORDER CASE NO. 79 CV 9G DATED 1211511981. CONTAINING 45S.759 ACRES, MORE DA LESS, '_,.· -2· .; , .. · ·-··,. HAYSTACK/PIONEER O\C02180018 OIC0218002B THOSE CERTAIN LANDS ANO REAL PROPERTY, WITH THEIR APPURTENANCES SITUATED. LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS, TO.WIT: THE ANNEX NO, 3, ANNEX NO. 4, ANNEX NO. 5, ANNEX NO. 7 AND ANNEX NO. 8 OIL SHALE PLACER MINING CLAIMS, SITUATE IN THE MT. LOGAN MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 17: NW1/4 (ANNEX NO. 3 CLAIM) SECTION 18: NE1/4 (ANNEX NO. 4 CLAIM) SECTION 18: NW1/4 (ANNEX NO, 5 CLAIM) SECTION 7: SEl/4 (ANNEX NO. 7 CLAIM) SECTION 8: SW1/4 (ANNEX NO. 8 CLAIM) CONTAINING 800 ACRES, MORE OR LESS, THE FOLLOWING TRACTS OR PARCELS OF LAND. SITUATE IN THE COUNTY OF GARFIELD, AND STATE OF COLORADO, AND PARTICULARLY DESCRIBED AS TRACTS NOS. I TO 13 INCL. (1) NO. 316 FEE· THE JESSYE B. NO. 7 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION THIRTY (30) IN TOWNSHI~ SIX (6) SOUTH OF RANGE NINCfY-~IX (l'?) WEST<.Jf-~!E SIXTH (6TH) PRINCIPAL MERIDIAN; THE JESSYE 8. NO. 8 CLAIM COMPRISING THE LOTS THREE (3) AND FOUR (4) AND THE WEST HALF iy/1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION THIRTY [30); THE JESSYE B. NO, 9 CLAIM COMPRISING THE NORTHWEST QUARTER (NW1/4) OF SECTION THIRTY.ONE (31), SAID TOWNSHIP AND RANGE; AND THE JESSYE B. NO, 12 CLAIM COMPRISING THE LOTS SIX (6) AND SEVEN (7) AND THE NORTH HALF (Nl/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION THIRTY-ONE (31); THE PREMISES HEREIN GRANTED, CONTAINING 600.05 ACRES, MORE OR LESS. (2) NO, 317 FEE· THE DENVER NO. 98 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY·FIVE (25); THE DENVER NO. 117 PlACER MINING CLAIM, EMBRACING THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY· THREE (23); THE DENVER ND. 118 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NWl/4) OF SECTION TWENTY-THREE (23); THE DENVER NO. 122 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY· FOUR (24); THE DENVER NO. 124 PLACER MINING CLAIM, EMBRACING THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWf.NTY·FOUR (24); ALL IN TOWNSHIP SIX (6) SOUTH, RANGE NINETY·SF.VEN (97) WEST OF THE SIXTH [6TH) PRINCIPAL MERIDIAN AND CONTAINING 800 ACRES, MORE OR LESS. (3) NO. 318 FEE • JESSYE 8, NO. I, NORTHEAST QUARTER (NE1/4) OF SECTION TWE"ITl·FOUR (24), TOWNSHIP SIX (6) .3. .·\ ·.~ ;;. &00! 794 fl GE 502 HAYSTACK/PIONEER· continue<J SOUTH, RANGE NINE1Y-SEVEN (97) WEST JE$SYE B. NO. 2, SOUTHEAST QUARTER (SE\/4) OF SECTION TWENTY·FOUR (24), TOWNSHIP SIX (6) SOIJTH RANGE NINETY-SEVEN (97) WEST JESSYE B. NO. 3, SOIJTHWEST QUARTER (SW1/4) OF SECTION NINETEEN (19), TOWNSHIP SIX (6) SOIJTH, RANGl' ~INETY-SIX (96) WEST JESSYE B. NO. 4, NORTHWEST QUARTER (NWl/4) OF SECTION THIRTY (30), TOWNSHIP SIX (6) SOIJTH, RANGE NINETY·SIX (96) WEST JESSYE B. NO. 5, NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY·FIVE (25), TOWNSHIP SIX (6) SOUTH, RANGE NINETY·SEVEN (97) WEST AND CONTAINING 800 ACRES, MORE OR LESS. (4) NO. 3\9 FEE ·THE SOIJTHWEST QUARTER (SW\14) OF THE NORWWEST QUARTER (NW114) AND THE NORTH ONE·HALF (Nl/2) OF THE SOIJTHWEST QUARTER {SW114) AND THE NORTHWEST QUARTER (NW\/4) OF THE SOUTHEAST QUARTER {SE 114) OF SECTION THIRTY·TWO (32), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SIX (96) WEST, AND CONTAINING 160 ACRES. MORE OR LESS. (5) NO. 329 FEE· TWO (2) CERTAIN PATENTED Pl.ACEA MINING CLAIMS KNOWN AS THE A.O.S.P. NO. 10 AND ,\.O.S.P. NO. 11 PLACER MINING CLAIMS. SITUATE IN G,\RFIELO COUNTY. COLORADO, DESCRIBED AS FOLLOWS: THE .~.O.S.P. NO. \0 CLAIM COMPRISING THE SOVTHEAST QUARTER (SEl/4) OF SECTION /WENTY·SIX (26) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY.SEVEN (97) WEST OF THE SIXTH PRINCIPAL MERIDIAN: AND THE A.0.-5.P. NO. 11 ClAIM cmirr.:s:NG THE SOUTHWEST QUARTER (SW\14) OF SAID SECTION TWENTY-SIX (26); THE PREMISES HEREIN GRANTED CONTAINING THREE HUNDRED TWENTY ACRES, BEING THE IDENTICAL PREMISES DESCRIBED IN PATENT ND. 940679, COVERING SAID LANLlS, WHICH WAS DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY COLORADO, ON JULY \0, 1924, IN BOO,~ 141 AT PAGE 536. (6) NO. 330 FEE • THE A.0.S.P. NO. 5 PLACER MINING CLAIM, SITUATE IN THE PARACHIJTE MINING DISTRICT. GARFIELD COUNTY, COLORADO, DESCRIBED AS THE TRACT SIXTY-THREE OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH 0F RANGE NINETY-SEVEN (97) WEST OF THE SIXTH PRINCIPAL MERIDIAN, ANO CONTAINING 160 ACRES, MORE OR LESS. THE JESSYE B. NO. 6, JESSYE B. NO. 10, JESSYE B. NO. 1 \, JESSYE B. NO, 13, JESSYE B. NO. 16, A.0.S.P. NO. 1, A.0.S.P. NO. 2, A.O.S.P. ND. 4. AND A.0.S.P. NO. 5 PLACER MINING CLAIMS, SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE JESSYE B. ND. 6 CLAIM, COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY·FIVE (25) IN TOWNSHIP SIX (G) SOUTH OF RANGE NINETY-l>EVEN (97) WEST; .:.:~~ .,\~? ... :;, .. ,,.,:)'i .. ;;:·.;.-:.:.• . ·.·.·.··.'.·.·.·.· .. ·.· .•. :.· .• ·.·:.• .•.. ·.·.·.:-'~ .. '.'1.~ .•.•. ·.~1:.; • •+ _..-,-:;'.,((',:,,; ,.;):;~., •"~,/i~ ...... '., .;.,:,:.•1 ( ;•.;' ,~;;~·'·" •.•' O 0 + ; o ~ _ F • _';, HAYSTACK/PIONEER • oonUnued THE JESSYE B. NO. 10 CLAIM, COMPRISING LOTS ONE (1) ANO TWO (2) OF SECTION THIRTY·SIX (36), IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST; TRACT FIFTY·NINE (59) OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; THE JESSYE B. NO. 11 CLAIM COMPRISING TRACT SIXTY (60) OF SECTION ONE (1); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; THE JESSYE B. NO. 13 CLAIM COMPRISING LOTS FIVE (5) ANO SIX (6) AND THE SOUTH HALF (Sl/2) OF SOVTHEAST QUARTER (SE114) OF SECTION ONE (1) AND THE NORTH HALF (N112) OF NORTH HALF (N1/2) OF NORTHEAST QUARTER (NE1/4) AND NORTH HALF (N1/2) OF NORTH HALF (Nl/2) uF SOUTH HALF (S1/2) OF NORTH HALF (Nl/2) OF NORTHEAST QUARTER (NE114) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH OF RANGE NINETY.SEVEN (97) WEST; THE·JESSYE B. NO. 16 CLAIM COMPRiSltm TI-IE SOUTH HALF (Sl/2) OF NORTH HALF (Nl/2) OF SOUTH HALF (Sl/2) OF NORTH HALF (Nl/2) OF THE NORTHEAST QUARTER (NE1/4), SOUTH HALF (S112) OF SOUTH HALF (Sl/2) OF NORTH HALF (N112) OF THE NORTHEAST QUART"8 (NE1/4), SOUTH HALF(Sl/2) OF NORTHEAST QUARTER (NEl/4), THE NORTH HALF (Nl/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4), THE NORTH HALF (Nl/2) OF NORTH HALF (Nl/2) OF SOUTH f'Ac0 (S~/2) OF NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE!/4) OF SECTION 1WELVE (12), TOWNSHIP SE'!EN (7) SOUTH OF RANGE NINEJY.SEVEN (97) WEST; THE A.0.S.P. NO. 1 CLAIM COMPRISING THE SOUTHWEST QUARTER (SWl/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIX (6) SOUTH OF RANGE NINE1Y.SEVEN (97) WEST; (7) NO. 330 FEE -THE A.O.S.P. NO. 2 CLAIM COMPRISING LOTS THREE (3) AND FOUR (4) OF SECTION THIR1Y-SIX (36), TOWNSHIP SIX (6) SOVTH OF RANGE NINElY.SEVEN (97) WEST; TRACT SIXTY·1WO (62) OF SECTION Of·:!:' (1); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY.SEVEN (97) WEST; A.0.S.P. NO. 4 CLAIM COMPRISING LOTS SEVEN (7) AND EIGHT (8) AND THE SOUTH HALF (SJ/2) OF THE SOUTHWEST QUARTER (SWl/4) OF SECTION ONE (1) AND THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF THE NORTHWEST QUARTER (NWl/4) AND THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF THE SOUTI-1 HALF (Sl/2) OF THE NORTH HALF (Nl/2,1 OF THE NORTHWEST QUARTIER (M'/1/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH OF RANGE NINETY.SEVEN (97) WEST; A.O.S.P. NO. 5 CLAIM COMPRISING THE SOUTH HALF (Sl/2) OF NORTH HALF (Nl/2) OF SOUTH HALF (Sl/2) OF NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NWl/4), THE SOUTH HALF ($1/2) OF SOUTH HALF (S1/2) OF NORTH HALF (N1/2) OF NORTHWEST QUARTER (NW1/4), SOUTH ... -·. i~j .• ·.-·.:.;::__:···'·'···· .• .. , .. '''· '' .; .. ',{,·'.);:_~;:( . ;.·:;: '·· ~· ~ ... ·... . .... ' ;,_. 600K 794 r!Ct504 HAYSTACK/PIONEER -continued \ HALF(S1/2) Of THE NORTHWEST QUARTER (NWl/4), THE NORTH HALF (N1/2) OF NORTH HALF (N1/2) OF THE SOU1HWEST QUARTER (SW1/4), THE NORTH HALF {Nl/2) OF NORTH HALF (Nl/2) SOUTH HALF (Sl/2) OF NORTH HALF (N1/2) Of THE SOUTHWEST QUARTER (SWl/4) OF SECTION TWELVE {12), TOWNSHIP SEVEN (7) SOUTH. RANGE NINETY-SEVEN (97) WEST; THE PREMISES HEREIN GRANTED CONTAINING ONE THOUSAND FOUR HUNDRED THIRTY·EIGHT AND ELEVEN HUNDREDTHS OF AN ACRE (1,436.11). JESSYE B. NO. 18 PLACER MINING CLAIM SITUATE IN THE PARACHUTE MINING DISTRICT. GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS; LOTS FNE (5), EIGHT (B) AND NINE (9) AND THE NORTHWEST QUARTER (NW1/4) OF THE SOVTHEAST QUARTER (SE1/4) OF SECllON THIRTY-ONE (31) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY.SIX (96) WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING ONE HUNDRED TWENTY·TWO ANO EIGHTEEN HUNDREDTHS OF AN ACRE (122.18) (8) NO. 331 FEE· THE JESSYE B. NO. 14 PLACER MINING CLAIM SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS LOTS SIX (6) AND SEVEN (7), AND THE SOU1H ONE-HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SIX (6), TOWNSHIP SEVEN (7) SOUTH. RANGE NINETY.SIX (9$) WEST OF THE SIXTH PRINCIPAi. MERIDIAN, CONTAINING 150.89 ACRES, MORE OR LESS. (9} NO :"\~2 f"!:E · Tl-~E SR."f"JD V!!IIN: ::. ::;, UAAND Viet-I NO. 6, ANO JESSYE B. NO. 15 PLACER MINING Cl;AIMS, SITUATE IN THE PARACHUTE MINING DISIBICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE GRAND VIEW NO. 5 CLAIM COMPRISING THE SOUTHEAST QUARTCR (SEl/4) OF SF.CTION SIX (6), THE GRAND Vl'f:W NO. 6 CLAIM COMPRISING LOTS FOUR (4) AND FIVE (5). AND SOUTH ONE·HALF (Sl/2) OF NORTHEAST QUARTER (NE1/4) OF SECTiO~.; SIX (6); . THE JESSYE B. NO. 15 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION SIX (6); ALL IN TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY·SIX (96) WEST, CONTAINING 470.63 ACRES. MORE OR LESS. (10) NO. 352 FEE· THE GRAND Vl'f:W NO. 1 PLACER MINING CLAIM, 81'1NG THE NORTHWEST QUARTER (NW1/4) OF SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOVTH. RANGE NINETY.SIX (96) WEST Of THE SIXTH (6TH) PRINCIPAL MERIDIAN; THE GRAND VIEW NO. 2 PLACER MINING CLAIM, BEING THE NORTHEAST QUARTER (NE1/4) Of SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (00) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; ANO THE GRANO Vl'f:W NO. 3 PLACER MINING CLAIM. BEING THE NORTHWEST QUARTER (NWl/2) Of SECTION EIGHT (0), '!5?:~:i1<;. :, ' ;i\·'. BOO! 794 fJOt505 HAYSTACK/PIONEER ·continue<! L. TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN AND CONTAINING 460 ACRES, MOAE OR LESS. (11) NO. 377 FEE ·THE A,O,S,p, NO, 6, PLACER CLAIM, COMPRISING THE SOl/TH HALF ($1/2) OF THE NORTH HALF (N1/2) OF 'fHE SOUTH HALF (S1/2) OF'fHE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4), THE SOUTH HALF (S1/2) OF THE SOl/TH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NEl/4), T~E SOUTH HALF (S1/2) OF THE NORTHEAST QUARTER (NE1/4), THF. NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF 'fHE SOl/TH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION ELEVEN (11), IN TOWNSHIP SEVEN (7). SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; THE A.O.S.P. NO. 7, PIACER CLAIM, COMPRISING THE LOTS FIVE (5) AND SIX (6), AND THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), IN SAID TOWNSHIP ANO RANGE, ANO THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF ($1/2) OF THE NORTH HALF (Nl/2) OF THE NORTHEAST QUARTER (NE1/4) OF SAIO SECTION ELEVEN (11): 'fHE A.O.S.P. NO. 8, PLACER CLAIM. COMPRl~I% TRACT NO .. SIXTY-SIX (66), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY·SEVEN (97), WEST; THE A.0.S.P. NO. 9, PLACER CLAIM, COMPRISING THE LOTS ONE (1) ANO TWO (2), OF SECTION THIRTY·FIVE (35), IN TOWNSHIP SIX (6), SOUTH, AND TRACT NO. SIXTY·FIVE (65), IN TOWNSHIP SEVEN (7), SOUTH.ALL IN RANGE NINETY· SEVEN (97), WEST; THE A.0.S.P. NO. 13, PLACER CLAIM, COMPRISING THE LOT$ SEVEN (7), AND EIGHT (S), AND THE SOUTH HALF iS1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION TWO (2), AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4) AND THE NORTH HALF (Nl/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF ($1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION ELEVEN (11), TOWNSHIP SEVEN (7), SOl/TH, OF RANGE NINETY.SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIOIAN; ANO THE A.O.S.P N0.14, PLACER CLAIM, COMPRISING THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF 'fHE NORTH HALF (Nl/2) OF THE NORTHWEST QUARTER (NW1/4), THE SOUTH HALF (S1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NWl/4), THE SOUTH HALF ($1/2) OF THE NORTHWEST QUARTER (NW1r1), / / ·7- ~"f,~i1;·?f':···y ::'' ::·-· ...... ,.:· ~{:;· ~ .... : ;· HAYSTACK/PIONEER. continued THE NORTH HALF (Nl/2) OF THE NO~TH HALF (Nll2) OF THE SOUTHWEST QUARTER (SWl/4) ANO THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF THE SOUTH HALF (S112) OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4} OF SAID SECTION ELEVEN (11), TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY·SEYEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; ANO CONTAINING 958.82 ACRES, MORE OR LESS (12) NO. 382 FEE· THE DENVER NO. 101 PLACER MINING CLAIM, COMPRISING THE NORTHEAST QUARTER (NE114) OF SECTION TWENTY SIX (26), IN TOWNSHIP SIX (6), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; THE DENVER NO. 102, PLACER t.'.INING CLAIM, COMPRISING THE NORTHWEST QUARTER (NWl/4)0F SECTIONTWENCY·SIX (26), S.~10 TOWNSHIP ANO RANGE; THE DENVER NO. 119 PLACER MINING CLAIM, COMPRISING THE SOUTHEAST QUARTER (SEl/4) OF SECTION TWENTY-THREE (23). IN TOWNSHIP SIX (6). SOUTH, OF RANGE NINtfY.SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; ANO THE DENVER NO. 120, PLACER MINING CLAIM, COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWENTY·THREE (23), SAID TOWNSHIP AND RANGE; SAID PREMISES CONTAINING 640 ACRES, MORE OR LESS. (13) NO. 392 FEE· THE RUTH NO. 1. PLACER MINING CLAIM COMPRISING THE LOTS THREE (3) AND FOUR (4), OF SECTION THIRTYFIVE (35). IN TOWNSHIP SIX (6), $(11.'!u, ".lf RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL Mfq!OIAN, AND TRACT SIXTY·EIGHT (58) OF SECTION TWO (2), IN TOWNSHIP SEVoN (7), SOUTH, OF RANGE NINETY.SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN, AND THE A.0.S.P. NO. 12, PLACER MINING CLAIM COMPRISING TRACT SIXTY·NINE (69). OF SECTION TWO (2), TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINElY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PREMISES CONTAINING 318.72 ACRES, MORE OR LESS. -a. . ' .. ,;; /;,, '•'° ;;,J"/:·i;;;·Y;~ ... ·~··. ·· .. • .. · ..... •: _. HAYSTACl<IPIONEER • e<otinued 01co21eo11B AN UNDNIDED 40% INTEREST IN AND TO THE FOLLOWING: ALL THE ESTATES, RIGHTS, Tm.ES AND INTEREST CONVEYED IN THE LANDS, OR IN MINERALS UNDERL \1NG THE LANDS IN GARFIELD COUNTY, COLORADO, BY THE FOLLOWING DEEDS; 1. DEED FROM LEONARD L. AITKEN, JR. TO SOHIO PETROLEUM COMPANY DATED JANUARY 3, 1986 ANO RECORDED IN BOOK 372 AT PAGE 250 OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, 2. DEED FROM PIONEER SECURmES CORPORATION TO SOHIO PETROLEUM COMPANY DATED JANUARY 3, 1986 AND RECORDED IN BOOK 372 AT PAGE 253 OF SAID RECORDS. 3. DEED FROM PACIFIC OIL COMPANY TO SOHIO PETROLEUM COMPANY DATED MAY3, 1965AND RECORDED IN BOOK36SAT PAGE4W OF SAID RECORDS ANO CORRECTIVE SPECIAL WARRANTY DEED FROM CHEVRON SHALE OIL COMPANY TO SOHIO PETROLEUM COMPANY DATED APRIL 1, 1972 AND RECORDED IN BOOK 431 AT PAGE 241 OF SAID RECORDS, EXCEPT THAT PORTION OF THE '.ANOS C<:lN"~ED BY ?'-J~ CEEDS WHICH WAS CONVEYED BY SOHIO PETROLEUM COMPANY TO cmEs SERVICE OIL COMPANY BY DEED DATED OCTOBER 1, 19£5 AND RECORDED IN BOOK 370 AT PAGE 385 OF SAID RECORDS. f !C';:;;,~~:",::~:-rncITTOOeAAocco;~~::~::.::,;1 IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO wrr: .. 'A " ., .. TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P. M, "·'•l SECTION \3: LOTS 4, \0, \1, 12AND13 '.';'!, SECTION \ 4: El2 SE/4 " .• \ij ~g~;p ~tD~g~iii:~? ~AY FOR RALROAD, PUBLIC ROADS AND HIGHWAYS, .'.tl INCLUDING A PARCEL OF LAND DESCRIBED AS PARCEL 61 B·REV. WHICH WAS · •·+ DEEDED TO STATE DEPARTMENT OF HIGHWAYS 12118/198\ AND A PARCEL OF ·.·.····.;,•.•· ... \ LAND DESCRIBED AS PARCEL RIFLE, PARS. 61B·A REV. AND 8\8·8, DEEDED TO , STATE DEPARTMENT OF HIGHWAYS 06/24/1983, ANO DITCHES OF RECORD. •;1 CONTAINING 173.729 ACRES, MORE OR LESS. .... , ::;~i '~ ;~ -~~ ;'.'if~ • r •. •:;·~ . :·.~x~ .... · eoox 7B4 r10E500 ... , ... ~.:;::;.:~:~ .. ;:;~ ·~ HAYSTACl</NOLTE/UNDAUl"WREElAND ·continued 01C0219014B 01C0219015B THE FOLLOWING REAL PROPERTY IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT: A TRACT OF LANO LOCATED BETWEEN THE MEANDER LINE OF THE LEFT BANK OF THE COLORADO RIVER AS SHOWN UPON THE GOVERNMENT LAND OFFICE PLAT OF MARCH 12, 1890, ANO TI-IE FRESENT COURSE OF THE COLORADO RrYER, LOCATED IN PORTIONS OF SECTION 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN ANO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE MEANDER LINE OF THE RIGHT BANK OF THE COLORADO RIVER AS SHOWN UPON THE PLAT DF MARCH 12, 1890, FROM WHICH A BUREAU OF RECLAMATION BRASS CAP MONUMENTING THE E1/4 CORNER OF SAID SECTION 13 BEARS N 46 DEGREES 24' 39· E 3113.80 FEET; THENCE S 00 DEGREES 00' 00' W 469.09 FEET; THENCE S 88 DEGREES 52' 30' E 202.82 FEET:THENCE ALONG A LINE DIVlDING THE MEANDER LINES OF THE RIGHT AND LEFT BANKS OF THE COLORADO RrYER AS SHOWN UPON THE PLAT OF MARCH 12, 1890, S 34 DEGREES 29' 42' W 1613.03 FEET; THENCE ALONG A LINE DMDING THE MEANDER LINES OF THE RIGHT ANO LEFT BANKS OF THE COLORADO RIVER AS SflOWN UPON THE PLAT Of MARCH 12. 1890, S 85 DEGREES 25' 54'W 498.70 FEET: TO THE CENTERLINE OF THE COLORADO RrYER; THENCE ALONG THE ::Ci'iTERl.INE OF THE COLORADO RIVER THC P"Q!..1 01!/lNG · CCUPSES AN:i DISTANCES: N 11 DEGREES 36' 23' E 125.89 FEET; THENCE N 10 DEGREES 25' or w 69.66 FEET: THENCE N 21 DEGREES 47' 16' W 276. 15 FEET: THENCE N 25 DEGREES IB' 4T W 276.96 FEET; THENCE N 29 DEGREES 19' 01' W 110.09 FEET; THENCE N 10 DEGREES 45' 40' W 179.48 FEET; THENCE N 49 DEGREES 47' 54' E 183.27 FEET; THENCE N 40 DEGREES 21' 20' E 112.62 FEET: THENCE N 26 DEGREES 04' 00' E 246.36 FEET: THENCE N 26 DEGREES 23' 34' E 115.11 FEET; THENCE N 20 DEGREES 19' 4T E 00.22 FEET; THENCE N 31 DEGREES 53' sr E 109.83 FEET; THENCE N 17 DEGRoES 46' 08' E 322.89 FEET; THENCE S 81 DEGREES 10' 00' E 955.94 FEET: TO THE POINT OF BEGINNING, CONTAINING 43.237 ACRES, MORE OR LESS, ·11 • :~ ,_., · ... , ' , ., ., ,, .'···:t:J;\,~ H/\YSTACK/NOLTEJLINOAUEf\IFREELAND ·continued MO! 7B4 fAG[ 510 , '. , ,.;:~ 01 C0219D178 THE FOLLOWING REAL PROPERTY SITUATED IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO: PARCEL I: BEGINNING AT A POINT ON THE EAST LINE Of SECTION 13 WHENCE THE EAST QUARTER CORNER BEARS S 00 DEGREES 56' 57' W 807.328 FEET; THENCE ALONG THE ORIGINAL GOVERNMENT MEANDER LINE S 27 DEGREES 59' W 3877.18 FEET TO THE SOUTH LINE OF SAID SECTION 13; ·THENCE ALONG SAID SOUTH LINEN 88 DEGREES 62' 30" W 353.176 FEET TO THE ORIGINAL GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE NORTH 467.612 FEET; THENCE ALONG SAID MEANDER LINE N 81 DEGREES 10' W 1071.524 FEET TO THE CENTER LINE OF THE COLORADO RIVER; THENCE ALONG SAID RIVER CENTERLINE IN THE FOLLOWING COURSES: N 23 DEGREES 39' E 344.51 FEET; THENCE N 28 DEGREES 46' E 206.15 FEET; THENCE N 33 DEGREES 56' E 644.58 FEET; THENCE N 27 DEGREES 42' E 829.36 FEET; THENCE N 38 DEGREES 49' W 99,86 FEET: THENCE N 34 DEGREES 52' E 150.05 FEET: THENCE N 33 DEGREES 19' E 163.27 FEET; THENCE N 29 DEGREES 37' E 266.75 FEET; THENCE N 69 DEGREES 11' 54• E 456.912 FEET; THENCE N 61 DEGREES 17' 36" E 145.60 FEET: THENCE N 67 DEGREES 34' 01' E 366.38 FEET; THENCE N 74 DEGREES 41' 47' E 151.22 FEET; THENCE N 76 DEGREES 06' 02' E 463.40 FEET; THENCE N 78 DEGREES 17' 42' E 261.99 FEET; THENCE N 78 DEGREES 17' 42' E 116.33 FEET TO THE EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST LINE S 00 DEGREES 56' 57• W 154.66 FEET TO THE POINT OF BEGINNING. -12- . ·:~~~ :~,-~~~ '·:2 ... ::}j -~ .,. ' . :;. '·"· :·:·.-· HAYSTACl</NOLTE/UNDAUER/FAEELAND · conUnue<l "· OIC0219018B 01C0219021B THE FOLLOWING-DESCRIBED LAND. SITUATE, LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO·WIT: TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P,M, SECTION 28: S/2 NW/4 AND THAT PART OF THE NW/4 SW/4 (ALSO DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNEA OF SAID NW/4 SW/4; THENCE SOUTH 757 FEET; THENCE EAST 15 FEET: THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH 89 DEGREES EAST 64 FEET; THENCE SOUTH . 63 DEGREES EAST 196 FEET; THENCE NORTH 42 DEGREES EAST 261 FEET: THENCE SOUTH 81 DEGREES EAST 97 FEET: THENCE SOUTH 35 DEGREES EAST 116 FEET; THENCE SOUTH I 0 DEGREES WEST 63 FEET; THENCE SOUTH 46 DEGREES WEST 90 FEET; THENCE SOUTH 11 DEGREES EAST 214 FEET; THENCE SOUTH 42 DEGREES EAST 270 FEET; THENCE EAST 450 FEET TO THE SOUTHEAST CORNER OF SAID NW/4 SW/4; THENCE NORTH 1320 FEET; THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE Nc/4 SW/4 EXCEPT THAT PART OF SAID NE/4 SW/4 DESCRIBED AS FOLLOWS, TO.WIT: BEGINNING AT THE SOUTHEAST CORNEA OF SAID NE/4 SW/4; THENCE NORTH 214 FEET; THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING, SAID EXCEPTION CONTAINING 6.45 ACRES, MORE OR LESS. CONTAINING IN ALL, 145.42 ACRES, MORE OR LESS. SUBJECT TO A SPECIAL WARRANTY DEED SETWEEN ATLANTIC RICHFIELD COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO DATED SEPTEMBER 2, 1966. THE FOLLOWING-DESCRIBED LAND, SITUATE, LYING AND SEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO-WIT: TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: LOT 4 {ALSO DESCRIBED AS NW/4 NW/4) SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2 SE/4), (CONTAINING 204.65 ACRES, MORE OR LESS) ·13· ···' :' ,•' --' -,. -·., . ' : '· ''>·"·." "• . .-~----. .·, . -. Y·'./~:-_>/:-;·~~: ~~t!\f: f'..~)/~~~t~ :-:~ EXHIBIT A (Garlield & Rio Blanco, CO) FIGURE FOUR -M081L 50%, EOUfTY 10% 01C02I60018 THE FOLLOWING DESCRIBED LANDS: PARCEL I TOWNSHIP 3 SOUTH, RANGE 98 WEOT, 6TH P.M. SECTION 30: LOTS 1, 2, 3, 4, E1/2Wl/2, El/2 (ALL) SECTION 31: LOTS 1, 2, 3, 4, El/2W1/2, E1/2 (ALL) TOWNSHIP 3 SOUTH. RANGE 99 WEST, 6TH P.M. SECTION 25: S1/2 SECTION 26: S1/2N1/2, Sl/2 SECTION 27: Sl/2 SECTION 28: Wl/2, SEl/4 SECTION 29: Nt/2, SE1/4 SECTION 32: El/2 SECTION 33: ALL SECTION 34: ALL S~CTJt)N 35: .J\.U ... SECTION 36: ALL TOWNSHIP 4 SOUTH, RANGE 98 WEST, 6TH P.M. SECTION 7: LOTS 3, 4, El/2SW1/4, SE1/4 (8£;1NG THE S1/2) SECTION t B: LOTS 1, 2. 3, 4, E1/Z-N1/2, El/2 (ALL) TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. SECTION I: LOTS 1, 2, 3, 4, S1/2N1/2, Sl/2 (ALL) SECTION 2: LOTS 1, 2, 3, 4, Sl/2N1/2, Sl/2 (ALL) SECTION 3: LOTS 1, 2, 3, 4, S1/2Nl/2, S1/2 (ALL) SECTION 4: LOTS 1, 2, 3, 4, Sl/2Nl/2, Sl/2 (ALL) SECTION 5: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL) SECTION 6: LOTS 1, 2, 3, 4, 5, 6, 7, SE1)4NW1/4, S1/2NEl/4, SE1/4, El/2SWl/4 (ALL) SECTION 7: LOT 1, NE1/4NW1/4, N1/2NEl/4 (BEING THE N1/2N1/2), LOT 2, .,. SEl/4NWl/4, S1/2NEl/4, BEING Sl/2N1/2) AND LOTS 3, 4, E1/2SW1/4, SEl/4 (BEING·.• ::X,'.J THE $1/2) (ALL) . ?-'° SECTION 8: N1/2, SE1/4 : <Jg SECllON 9: ALL _:,J~ SECTION 1 O: ALL '.:'.i\ SECTION 11 : ALL ._ ;•;j SECTION 12: ALL SECTION 13: ALL SECTION 14: ALL SECTION 15: ALL SECTION 16: ALL SECTION 17: Et/2 ·:~' .. :·; ''''·,' FIGURE FOUR · continue-0 ~ .,,, , .. 5:'/)"I 01002160028 ... . . :i~ ALL OF THE ABOVE-DESCRIBED LANDS ARE LOCATED IN RIO BLANCO COUNTY,· ·:.·;: COLORADO. '.X( ALL OF THE FOLLOWING DESCRIBED LANDS ARE LOCATED IN GARFIELD COUNTY, : ••. <.--.:_),· COLORADO: . TOWNSHIP 4 SOUTH RANGE 99 WEST, 6TH P.M. .. .. SECTION 20: Nl/2, SE1/4 ·.} SECTION 21: ALL SECTION 22: All SECTION 23: ALL SECTION 24: ALL PARCEL 2 TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. SECTION 19: SEl/4 SECTION 20: SW1/4 THE FOLLOWING OESCRIBEO TRACT OF LAND SITUATE. LYING AND BEING IN THE COUNlY OF GARFIELD, STATE OF COLORADO, WITH All ITS APPURTENANCES, TO-WIT: SIXTH PRINCIPAL MERIDIAN, COLORADO .. T4S., R99W: THE JOE T. #1 CLAIM. EMBRACING: SEC. 19, SE 1/4; THE WOODROW WILSON #12 Cl AJM, EM8-.t:iA0!"1G; SF.C. ":':', S'N 1/4. THE PREMISES HEREIN GRANTED CONTAIN 320.00ACRES, MORE OR LESS, IN ACCORDANCE WITH PATENT NO. 1174074. -2- }1\\.~;·.; ,_;,, • '.:~ '.i .:-~ =,<: . ·J '•' "' ·~:. i ·:=;, _:'./;~ ~I .::·:: ·.·~ ::;.: ··.-.· ~:[~ .. , . -~· ·;:,. . .,. ·.~ -~ Name of Oiteh. Pipeline . __ ----2f....8.~~""'=;c'----· Low Cost Oitd~. Otigtnal Diamond Ditctl. 1st Enr31gement Low Cost Ditch. Tst Enlargement Low Cost Oitc11. Yoeman Enlargement Rulison and Miller Ditch Jessup No. 2 Flo1 ence-Dilc:h Rye Grass Diich McWilli:uns S GC"orgc Oi1cl 1 East Stew.:i11 Gulch No. l East S1ewan Gulch No. 2 Watson Oilcn. Tl1otnpson Enlargemem west S1ewar1 Gt.dch Oil.ch West Ste.van Gulch Reservoir Garden Heit Forney·Corcor:;in Ditch Olcl!;;ind No. 3 ABSOLUTE WATER RIGHTS IN THE COLORADO RIVER BASIN ATWffiC RlCHFJELO WATER RIGHT INTERESTS SYATE OF COLORADO Stream or Tributary Parachule Creek Parachute Creek Parachute Creek Parachute Creek Colorado River S1ewart Gulch Stew~rt Gulct1 Piceance Creek White River E:.isl Stewart Gulct1 East S1~an Gulch Middle Fork Siewart Gu1c11 West Stewart Gulcl1 West Stewart Gulch Piceance Creek White River Pic~ance Creek . ··. ~: .. ··,;, 1984 S1a10 Engineer Priority __NQ,_ 370 379 501 910 2467 85 94 95 1<9 210 210 240 394 394 395 402 •21 Data or Appropriation 01--04.1881 03-01-1S87 04-01·1888 -~·25.-1~9 · '.12.~S.ja~·; 04.:t ... j··ass . : ..... ·':·:·· .. ' ;06:-03:.1899 ~~.bi~-~~8 , ..... 1 0-1. s-:r100 11.o~-1a99 f1,Ql-1899 07·14-1917 03·01-1895 03-01-1895 03-05-1895 03-15-1989 05-15-1902 Oate of Ad!ucllcatlon OS-11-1889 05-11-1889 05-11·18S9 ·02.20-1900 ·1.2-20:-1929 ·os..10-1ss9 ·-<i~.1.q..1sa9 05-10·1889 10.06·l903 09-04-1913 09-04-19t3 09-il-1918 05-~6-1942 05-26-1942 05-26-1942 07-03-1942 OS-26-1942 Total Decreed Amount Cds or AA S.0 cfS 3.2 ci"S 9,0 CfS 1.s crs 1.6 cfs 0.4 CfS 1.80 els 2.4 crs 4.1 crs 0.4 crs 0.4 crs 0.80 CIS o.78 els 13.3 Af 0.61 CfS s.o r.s 0.42 ds ... ,.· Allantic Rk:hliold Ownershjp_ 0.5 CfS Absolute 3.2 cis AbSOlute o.s cfs Absolute 1.1 cfs Absolute 0.51 cis Absolute 0.4 cfs Absolute 1.02 els Absolute 2.4 c!s Absoluto 4.1 cts Absolut& 0.4 cfs Absolute 0.4 cfs Absolute 0.10 els Absolute 0.47 cts Absolute 7.98 AF Absolute b.61 cts. Absolute s.o crs Absolute 0.42 cfs Absolute .. ~ _, '.~ff'.:~,,~,~·::-:: :::.:.'~ '•?_''7'·'•;:::_·:,·•.·•:J.:';.o•;<·•::c;:'."•··· ti) TABLE 1 ~ ""' ~ ~ g = Name or Oilcil. Pipeline or Reservoir Fc.r11ey-Corcoran Ditch Oldl<ind M<i.gor Roben McKee Ditch M.H. and M. Ditch Pice::::ince Creek Ditch Ernlly Dlcch Clelland No. 1 Ditch Rye Gmss Ditch . G::irden Ht?ir O!d\and No. 2 O!dl3nd No. 3 O!dland Ma~;or Jessup No. 1 Jossup No. 2 Florence Oilcll W:11.::;011 Dilch. lhO!ll[,SOO Enlarg~cm ABSOLUTE WATER RIGHTS IN THE COLORADO RtVER BAS!N ATlANTIC RICHFIELD WATER RIGITT-INTERESTS STATE OF COL.ORAOO 1984 State Engineer Stream er Priority Dato o: Tributary J!Q,_ Appropl'kttion While River 463 03-(}1-1912 Piceance Creek. 469 0~10-1913 Piceaoce Creek 487 05-01-1917 ·' . :· .. '.· •··. Piceance Creek 487 :ps:-01-1911 Piceance Creek 487 ··os--01-1917 Piceance Creek 487 . 0S-01-19j7 ·.:,:.-, :· :,:.:·· Pice~nce Creek "';187 .' 05-0.1-.! $:17 .. · Pice3~e Creek -';187 . ·:\)s,Q~ i, 917 •; · ·. ·. ·.i?.s.:~1-~'.19r;: ~ .· Piceance Creek 48;7 Pk:eanc~ Creek 487 OS-01~1917: Picear'\Ce Creek 487 a~'.a,~·~:9_11 Piceance Creek 487 05--01-1917 Stewart Gulch 487 05-01-1917 Stewart Gulch 487 05-01-1917 Stewar1 Gufch 487 05-01-1917 West Slew:JrT Gulch 487 05-01-1817 .... ~ -~·'?'}'?\ 'r:·i@~· :::;\•/{';':~ri! Page2 -= Tot:al Decreed Atlantlc OatG of Amount Rlchflekl. Ad!udication ~ 0wn9fS.hlp 07-03-1942 S.47 Cfs S.47 cfs Abso!uts QS..26-1942 0.86 cfs 0.86 c!S Abso!uto 05-26-1942 3.0 els 3.0 Cfs Absolute ·OS~Z!>-1942 1.27 els 1.27 cfs Absolute 05-26-1942 1.60 Cfs 0.32: cfs AbsO!ut& 05-26-1942 aes crs 3.85 cfs Absolute 05-26-19-12 2.9 els 2.9 Cfs Absolute :· --~.S.2~-1.942 5.8 crs s.e cis Absolute .:95-26-1942 1.43 els 1 .43 cfs Absolute 0?-26-1942 9.47 els 9.47 cfs Absolute 05-26-1942 0.98 ciS 0.98 els Absolute 05-2$-1942 2.D els 2.0·ds Absolute 05·26-1942 0.60 els 0.60 cis AbSOIU!9 05-26-1942 y.ao Cfs 1.02 ds Absoruto 05-26-1942 t.10 cfs 0.62 ds Absoh.rte 05-26-19.:iZ 0.78 cfs O.to crs Absolute --~ . •.;:_. ·.: ~= -~ "" ~ ~ = :;; Name of Oitch, Pipeline or Reserv:Q.ir Dow Pumping Pf::.rit and Pipeline Slnclair Oil and Gas Company Pumping Plant and P!pcline TOSCO Pipeline and Pumping Pl::int Eaton Pipeline No. 1 ll1011if,-son Ctt"?~k Rest>.rvoir 1t1ompson Creek Reservoir Pipeline Srmkcy Guli;h Reservoi1 Sov1h S1:i11<ey Gu!Cll ReSC!",.l()ir TABLE 2 CONOmONAL WATER RIGHTS IN THE COLORADO RIVER BAStN ATLANTIC AICHF!ElO WATER RIGHT INTERESTS STATE."OF COLORADO Stre~ or Tributatv:. Co!ora_qo River ,, Colorado River Colorado River Coloraeso RivtU Thompson Creek Thoinpso11 C1eek Colc:irac.!1) River Colorado River ' ,· _ _.. ·J984_ ·~· .. . :_.; -,;i395··:. 5002 5002 5593 5593 ·Date of _,,djudlcal fan ·, :11-10-1965 :_.07-b9-195s -. :--···.: ;. ;:: . '.: /.'. :···~/1:PS::-~ 9~1 ··.-:.. .. .·, 12--17-19.SG. · 11-05-·1971 02·2CP1967 12-31·1972 02-20:-1967 12-31-1972 ·.·.·. ·;..-.. ·;:1 ~_;. ··:: -,. Total Decreed Al!antic AlnoLlflt Richfield (Cfs or AO OwnershiQ 178 cfs 35 cfs Condi!lonal 33 crs 33 cfs Condillonal 100 cfs 60 ds Conditional 10 cfs 6. cts CondilionaJ 23,893 AF 23,893 AF Conditional 33 crs 33 cfs Conditional 7.350 AF 7,360 Af Conditional S,541 AF 5,541 AF Contit!on:al ~f 0~'"W~~C*7<'"CiC'".(':"'f?"""'"'~"""E""~'\""'"""°"'.1 ; ':-··.· .:.:> TABLE 3 '· :\,_· ~ ) .~>·. ?i ABSOl.U'TE WATER RIGHTS IN THE WHITE RIVER BASIN .-:· ·:· ·- :.;· :f~~~:·.·" ~ :i5 Name o! Ditch. Pipeline or Reseivoir Piceanee Creek Ditch Emily Ditch ·Last Chance Diich Robert McKee Ditch OldL;:ind No. 1 Ditch Robert McKcC' Ditch f3 f!ncJ M Ditch J~sup No. 1 Siu& Grass ATLANTIC RtCHFIELO WATER RIGHT ll'ITERESTS SO'ATE OF COLORADO 1964 State Eng[neer Stream or Pr:ority 'TribU't~ ~ Piceance CreE-k 41 Pice:moe Creek 52 Hunter Creek 63 Prceanca Cre-~k 66 Pice<lnce Creek G7 Piccance Creek 74 ric(~:lllCP. Crl'Jl"?k 74 Stewart GtJ!Ch 70 Stewart Gulch 76 Date rif : .. · ··bate of Aopraorlaiion :--~tlon t~~~~;;,£~!~ 04-18-1887. ·.· .·· ;"•10-22:"1B90 ·:· ·• . . . . 04-22-1897 05-25-1887 05-2: .. 1ea7 Qt).\6·1887 07-11-1887 05-10-1889 10.22~.Mo 05-10-1889 OS-t0-1889 os-10-isa9 Total Oecreed Amoun1 fcis or An 2.0 ds 2.0 els 1.4 els 2.33 els 4.0 crs 1.0 ciS 4.SO ds 0.60 cis 0.50 cfs AUantic;. Richfield QwnITTshlp 0,4 els Absolute 2.0 cfs Absotute 1.4 crs Absolut:e 2.33 cfs Absolute 4.0 cfs Absotute 1.00 cfs Absolt..11e 4.50 els Absolute o.GO els Absolute 0.60 els Absolute ·-.: > :~.~ :'.~ -": :~. ---:.: :• :~ ~~::·: ~ CONDITIONAL WATER RIGl:ITS ['.·· Z: IN 1HE WHITE RIV.ER BAS!.N •.·· ' :: .. ;.:, ~ ~ :;;: Nonie of Ditch, Pipeline or Reservoir White River -Figure Four Plpelfne ,.-. ..:-· -~~-,' :,;. ';,.,:o· i})-:~: ~ti:~J~;:;,;. ~"..-· :,·. ·.; ... AnANTlC RICHflELO WATER RIGHT INTEAE.sTS STATE bF cOLOAADo s:ream or Tributary V/hite Rittr -~·. 1984 St<?lO Engineer Prlortiy . ~ 799. · :.oat0 _ol· . ·.ApproOclation .: .... ~.~-j#S. ..,:.. : .. ·., •.. D::i.t&:or . Adlucrica.Uon .. : ~2;~-~-~~1o .. : ,·:·. '-·· ·· .. -- Total D~creed Amount <?f'-or AO 70 cis ·-:~· . " ... Al\;)nlic Richfield Ownership 70 cis Conditional . ·. ·.~- IW<q93 i;rf 65 fTB I ~11 mrtu:;·;.,.;1,,; J 50fl0 Q9 ------~. '.t'HI:S Pl:EO N.ada this ~ d~y oi F <::' b0 r ._...., ... .,, 19111 by llJld botvco11 '1'1r6 .OOH CJlEHICAf. COH['AUY, It Dol411ar1J cc>qior11tJon (haxalnc.ftar c.:il!od ~crontor")1 und 11.'l'J.J\Wi'lC 111c11rn:Lu COJiP,\N~, ti t'<1rmsylvani.a corpot'£1l:lo11 (horeinaft~r 50/!IGtirr.es called -Atl<intirJ"), and 'fO.SCO CORPOAATIOtli !'I Nevada corporl>tion (he.reinafter :i.o,-.et.il!U!.S l!aU.od "Toseo~J, as 91',..ntees (htlanti;" Md 'loioco J.n .iu:licl c11p.aoity Paln9 ho11roina!lot s0Aot.~i;i11s C4llcd "Orant~es"). h'lnu.:sSE'l'H, 'that: ~he Grant.or fol.' ancl in considera• tion of the .aun Clf 'l'en Dollars ($10.0ll) o.rid o~_ho.t good ancl VlllUilble conaiderat:.!on.:J to tho Grant.or in hond ;ia.Jd by tha: Gt4.fltees1 the rocoipl nnd sufficiency \lhorao.f is hereby coll. .. Rc~fled ond acknOWll!.dg~d, h11.th 9i;;anted1 b.1n·9ained, 1lold <lnd convayad~ Md by t:hesG p~OGC!llts. d13:1111 grant, b1.1r9a;!n, soll. and oontirm unto lltla.nt:ic, it11 .!IUO~e!l,o.ri;; o.nd .1111sign11 forave.r, a.a u.adiVidcHl 60 percent, and unto 'NGco, .lt:i s\lc• ce1st:1ot3 ru;id e.oai9ns forover1 ail undivided 40 pcr~tm~1 all of thtl fol10Win9 doacrlbod parcels at lani1 .'Situate,· lying and llelng in tha County.of G.ltf.lold 1.1nd Stat<r 'of Colo.cado, to ~il;r Tll11n11hlp S South, Range: 9S WC!st ot. Uio. Qth Pr!nolpal fieridl~n1 "A,p,. No, 1 l'l<icar Hinin11 c1:d.n be.in9 Lot:i On!! {1) 1 '1\lo 12) 11nd FiV'l !SJ ond tho South /,I.Alf (S/2) ·o·e the lfo1;lh11ast Ouo.rtc.r (ttt:/4) qf thti r;orth11est cj"ar~er (Nh'/4J, ol,h.,p, l/O, 2 Placer Hinfn9 Clain, hel.119 the! South Half (5/2} of H1~·11orth /lalf (ll/2), 11JO ·-~.-.... ---~- the UorUi l!alf IN/l}, and tho Genov!evo Pl.lee.: J!Ln1n9' Cl1h11 beJn9 tho soutl1 llalf IS/21 of the Horth H~lf {N/l) 1 end the Corral Placer fU.nln<J Clalil\r bdnq the Vorth llA~( 01/2) ot' the south MaU 1Sf2\, ond the CAtayatte Placer H!nloq Clah1, bclnq the South 110.ll (S/ll or lh1;1 South llolf IS/2), lying waE>t C:!! l:h11 H.<1hogal'ly mackar fill oonveycd by spcoia.1 warranty di:t:d Cto~ Union 011 COG1pat1y t.o 'i'ha 0011 Ch1!1:1.lcal Ce.iipai'ly do.tad sopto.=\bel" 1(, 1~70 anti rec:ordc.d ln !loo>: 414. at. P"-ge .,9 of G';n:[ield County, Colorado records. 'Plune:hip 6 South, Jlllllg:e 9!! West ot the lith PrJ.nolpa\ llorldl~n lincludinq one parcel in To>.:onshlp 1 as $paolr1cally not<ld ln th<t !ol lo"'ing paraqrbphl' sectlon 3{ That. part:. of tho f!a&t Half (E/2) ot the South~ (and li'C<ltion 3 1 '11Wt'llhip west oua.r~~u: (SW/4), Section 34 1 'l'tl'ilnlihip 1 Soutt.1 l'.&n9e tS Hcs:t of the South, Ran90 9S \.'list of th& fith l'tinclpal 6th P.ii.1 H1u.·.idl•n1 and f:hal:. part of Lot One Ill, section 3, 'tovm1hip l Sauth, Range 9:l wes.t ol tha 6tti Frlneipal tter1dlan lying Gaatho~ly rind. easterly of tho CoUowing de~ctH.11:1d llne 1 !leginoio'J At A point. e:n thq ta9t Una ol! oald Ellst Ra1E 0::/21 of the Sollthtnllt Quarter (S'rl/<I) and southerly benk ot tHlcox canal \/hence the. }{oxth Qua~tor {N/4) corner o! ~aid Section J( beors Horth O• JO' East, 2,,e?,, ' feat J thence .foll0J.Jln9 the southerly bank ot thee HJ.loo~ _C;1.nal SQ\lth 61° 01 W~st1 6JL6 feet1 . ' . i ' I ' I I .J i 11J(l , ..... ·•·•·'"'"°' i ; ·I th11nc• .South 41• 01' Wost, 476.? fnt.:t1 thence South ssi• S6' West, ·oo.5 !cet to the cnnto-e of CottonlKlod creek1 thon.;111, follc;w,i.nlJ the cc-nte.c-of Colton1o·ood Ct'.t:!d;, .South JO• O' East, J7.0 feet1 thllnce south 57' 30 1 &a.st, ss.o fc-e:t1 thettr:e South 2(' 01 Clast, 2l8.0 feet1 thence South i • O' £<'!.st, 10& feolJ th.E!nc<l South 17' 301 E1rnt1 229 feet; tll$nce. south is• 01 Ea:it, 1311 feet; thenoo South SJ' 01 lfe!;t1 103 foet1 thence .South 19' 301 £a9I;, 190 feets thence South s• 01 ~lost, ::?lS fe.et1 thenco South 2' 01 taat, 180 teetJ thunc<i. South ~o• 01 Eil!l't, 75 fact1 th~nce South l' 01 tfe:tt, 108 feetJ tuid thence south SO'feot to the Colorado RJver. -JO - J iOil Section 3( 1 Section 35; S!lct!.ot1 3~t SccUon 2G 1 / / / ,, ...... -····. _,. South Hall fS/2) of the Horthcolst Q\l.:1rter CN&/0 1 axecpt lke North\.le't Qua.rtcr (H'H/O 'of the Soi.ttll\.lcllt Quarter ISW/0 of tlle Northu11st ()UllTtet' {NE/0 1 Lhe llort.h l!~lf Ul/2} o( the SouUiea't Quart.ex (SB/411 that part o( Lot one (1) lyin9 northlirly of tha railroad. d9ht-ot'-yay; ;.rid Lot Two 121, Southwest {!U<\rter ISW/~l o( the »oi:th"oat Quact.er (l\\'//4) I ~rt.hciu:t Qua.r\:.n: (11'8/0 of tho l/orth..,osl:. Qu11rtt!r ON/O 1 Northvest QUattcr ftl'W/0 of the Northt!a~t Ou1:1rt<1r (NE/t) r So\\theti.'t: ouarter (SE'/4J ot tho Hotlh\lcst (lu;i;rtei:: Of~/4); that part 1.>f tJu:i NorUrJest OLJarter (!M/41 ol the 6outhl.'es~ Quarter (Sl-l/4) 11nd lot:i. One (l) 1 T.lu'<1c (l), fOlll' (.of) ;ind tight {8) lying nocthi:rly v! the rall.rvad right-o~-t.1t1y, 'That part of Lot Tl:n;ee {3), lylnlj north ct' thoei ro\ilrt1ad r19ht-of-vay1 ;mil 'lhe Southe1u1t Qu11r~t (Sf:/0 of t.ho Southea~l ouarttir (SE/4). 1hat pare of ttic s~uth\lest OLl~rt1n: ~s»/41 of thtl Southwest. Quitter (Srt/4) lylm north ·of t.ha railroAd ri9ht"Of"\o'lly, f.ixceptif\9' £rc111 £'11 of the ahovo lands in Tr.iot: l 1111 undivided two-l:hh:ds {:Z/31 lntares:t in. and to a.ll ndner11ls in a11d under 11Md ),and and a five percent (S'~ overrldln9 royalty inte:tc!lt in i1nd to all r.itneral interest; in a.nd tindel: said land rcse:cved by Tlnnie J:I, Esh11 J_n a deed dated .. ll .. l I i j1no Sept~robl!r 13, 1960, re11ordttd in aook 130, pa9e lG, but including Doll's cJJJ11'11 <1111i1nst firs. ~ha tot 1.h1: dlCforence bc-twenn so.id ovarridln9 royalty and the five rdrt:~J\t CS'1 o! ono~U1ird (t/J) overrl~in9 royaU;y aqrecd Upon betvaen, llnnle IJ, tshe as;id 'rho AU5"tin Coir.pany in a. loLtoT dat<id July 12, 195S, Seotion J(t 6eotioJ\ 35 1 '1hat part of J.ot One (l) sou.\:h of the r.:il1~ road rl9ht-of~..-ay ln s~ct!on J'.4~ Township 6 South, fl.an9e 95 'Kellt ot Lha 15th fr.tucipal f~crJdian, eJtcept an und.lvlded oneMfourth ll/.f.) Ln~ll:rest ln Jn.d to t:lll!I 011 1 'J.:lS and othor ~lnorc.L.s in n.ntl. undet-and lh"-t "'a.y h~ producad Cror.1 said land. Lots four 10 11nd ELgh.t. f8) and. Northwe:s.t Olla:ttQ:i; Um/4) of the southvo1t ouazt'i: (St1/4J 1 ox1;ept: for th11t portion covered by tho following dei;cribed parcol 1 8eglrniino;1 1.t Hearida,r Scotian Cotner of Soctlon )S, 'I'o!.111.shlp Ii South1 Ran9~ 9S West o! the 6th Prlntdp~l Ueriil111n1 thence llorth 11021 feet to railroad ri9ht.-0£- way1 thence ~lon9 the southerly l~n.e of! :sai!S ri9ht~of-.,."Ay llorth S9" JO' East, 439 teet1 thcnee leavl119 d9ht-o!-lo'll'{I .. 11 - .J li(lll "" I . ·I ! I thence sout.h i• 43' £.1st, J42 ra.ct lo tho northerly bani< of OtanrJ AlVll\'1 Uienc:a South ~a· lS' \fest, 299 feol:.1 the.nee South _..1 ~ 55 1 tl'est1 300 fec.t.1 thonC6 south 29• 35' wost, 119 te~tl thlU\C!:! South 'l' 15 1 H311t, 71.s feet1 i:hc.n"e 11e.st 415 fe11t lO place ot bf9innln9, contai11in9 41.76 .aeres, W>re: t:i\' le$:;; also axeeptinq :in undivided two-1:.li.h:de (2/l) i~torest in and co llill 1dneri'llC ln and under said °l.and. All or t:l\6 11pove Pl11.c:1?r Hl11l1'l9 Cl11lms herein de!iCr.1.hed havln9 bE!en patl!nted by issu~nco of VnLted Pt8tes land patent!>, Subject. to tho follO\.lin9 enc~rance,, burden!! or e>.:ceptiot1s to the tltlci -ll ! •. A I I I 1<10 I ., ! ti. 'l'ro.ct l ~nd 'lrac-l ) described ab<ivo 1ro .,..... aubjcqt. to t'ol'O oil and 9.:.-: laa.ta1 to Union 'oil ceicpany ot C.\Utornh, ana dated "Hay 1955,~ "teeorded in-B-Ook. .21) at pa9v ~22, and (lnO d1.l111d >l4Y :!~. 1955, recorded ln flool: 206 at. pag:o 480, D, ''ract J d~=icrlbtd kbovo a~d rl9hts 1ncll.ufod ln and to tho ltu11:1on-Hillfl1' Ditch ond tha water in connection therelt'lth are i:u.bjeot to a water le11$e d;)ted as ot Janua'ey l, 19,2, betwi:en The Dou Che111ic111 Co;r.p11.ny and ~nnio K, l?uhe, C. 'l'hEI propeC'tY de11cr1bcd Jn tho cleectlptlQn~ a.hove l;\aJ:ke.d h'ith $.Ingle Mlter!sks (') at lhe left 111argln 1 is subject to any ri9hl!1 of thii-d pa.rt;les under i13reer.1Af'lt:Q de.scribed ill exhibit ti, l'art. 1, h• the Option },.o;Jtee111ent betw"n tho Do\.I Ch11ioic1l Col\lpany a11.d 1:1.ohlo Petrol"-Ufl\ Co1;1pany dated /lp1:J,1 1S 1 19tiol, a. oopy ot whioh is in tl\e po:ls111111lon of each ot the Guotces, pllr.!!1111nt to uhieh this <iood 1.11 91ven. 0, 'l'ha \)toperty deaol'ib~d. !n tho dctieclption' above su.rked ~lth double 11sterlDlfs 1u1 a~ the lolt. na(9ln Is. t:ubjoct to the o))liqa.t1ons ot an unrecorded agrauient betvcen i~e Pow Ch~!L'Jl.::at C0111pany and the Union Oil CMpany of Californi111 ltu successors or aasigni1, dat~<\ OeceJllher ~01 lt6)1 a copy of \lhlch it1 In the £. 'i'he land deacrlbed abO'lll is a11J>ject to the (l)l<:ept.lon!l: and resetv..,,tions contained in the .1 .100 ... U.S. l'atents on llhloh tJtlo is bai;udi th~ eu;e::i.ents lll'ld re11trlction:t of racotd as or April 1~, 19641 .11!fact!.n9 11aid landt rd,lroad ciqht.a-of-w;i,y and P':lbllc h11Jhways1 and ass..ios- trAnts. on .cild lArid ot the ~1of!at Tunnel J11prove111ent Oiatdct, llookcllff Goll COMh9t"- vatlon bistd.ct1 Gnino;I RiV<lC Hoapit.al District, Sluestorie Water Conservancy oiriUi(lt, 11.nd Grand Valley rlre P'roteot.lon l>lstriet, F, Portions of the land dE!!ioritwd .lltiove .are sUbjtct to an ~~1:1enent or ti9ht.~c_if-wa.y tor the Dow 1-4Sdclle rork Plpellne as :shown on the !=!hp recorded under f'ile No, l90256, for the 211.1:a¢hlltli!l C~e~ Hine l'ipellrie as rhiwn on tho ma~ ~ecorded in ~lat !look J at paqe 127, !or the~ P~J?lng 1'l•nt: • .imd Pipeline aa shmm on tho NP ana Bt11.te01tnt. filed Au9ust 2fi, · 1:'155, Io..: M olootrio tr1ns111l:n1lon lJ11e o\l\d substation as prov1docl in eaGe111?.11t racorded lri DOOk J62 at page 'Jl51 ~s subsl!quently cbM9ed by instrument rec:ori:led in Book to~ al: pa9e 401, and for-ttilephone 11.n.d telegraph 11110 pu.r£1t!SG' ll:t r~fo&rred lo in Uto patent recorded. ii\ Book 393 at pa9e ll. G, Portions of the-land describtd ahova ato eubject. to .r:l9ht8 Or Urilon on Cot11p;iny undec .t \!riv.ate Roadv;i.y UcenSe and &~chani:;ie of Shale t.ai:uls Aqreerr.e11t; dated Septu1be.r l.t, 1'101 ~mtin9 llt1antJo rtichfield CO.':lp:triy, 'l'he c1evehnd-CHtf11 ,ltoJJ coi;p111:i-1 Unlon Oil Coa;pa.ny o( t'Plifornb., Soh!o Pat.roleura ca11pany 1 'Ihe oil Shale Corp.oration, and The l>oif Chi:~i.cal Complny, M lS - .. J 1 rn -''I 't i I I I I ····~·-····":""' ............... "· Sllbject to any t!\cJo, interest, l~cn or encun.bra.nC"e oC, ot cre11ted or purpot"ted to b<I erci.ited a!nc11 ~prLl 15, U'4• by Atl11ntie, 'tOSG01 'th& Oil Sht.le COrpOril.tion, I. }./AV.ada corpot'\\t.1011 lwhf.ch has becoD1a 'I'oseo by a. chanqc of n.:m.e); Sohh> ·Petrole\llll CQ111pany or Tho ClevelandMCUffa lron C.:apany, or any ~ployeo er agent thetllof. 2'0Ct'i1fCR with al.l ood sir11,Jular tho hereditMertt=i and iappurtenanees lhe..t:e.unto belon.gll\9, or Jn AnyYllle apptr .. t11intn9, Md the tever,,ion and re.var!fion:11 J"ellllllnder lllld rc/'\lo.l11d11rR, t•nt:t, lssUes and profits thereo!1 and nll tho estate, :rlqht, ~itle, interest, elaiin and d~od what.soe.ver o! the Cr11.nto1·, e.ithex in l&"i' oc cquJ.ty, of, in tuid to the abaY'il b.;irgalniii!d prefl!lscs, yJ.th lho liet'l!diL'ltllonts and 11p- 'i.'Ct ItAVI: JWO '!O llOtD tha ce!d prcJa.iac~ above bar9Ained attd describad, ~Ith the appurtenancet, unto the Granto.es, their 11uccesliors i'lnd .\?;Sig,na for~vor. And the se,Jd Graotor for itsl!l(, its successor:t atid aesi9ll11, doth covenant a.nd .agrcl! with tho Cni.nteos, thelr 11uccea(lor~ and assi911s, th:,t at the time ot the et111ealin9 wid dclivury ot theDa presents it is well -'ei:ted o! the pi;;er;ii1>cs abovo convey11d in faa rilniple1 and hath good t'i<Jht, full power and ll!l-lful authorily tll grant, bar<Jidh, sell !!Ind conv11y Uie s~ir.4 in rn:i.nncr and lorm atoi:o.i:ald, and thAt the 'me .ln1 free 'n<t c1e.tt frM all l!SllS1 taMes, as&esS'lllenU tuid 8hOUl'lbrances ot wha~evcr kin4 or n;il;ure 1;oove..i:1 l?:li!C&M' tho•e abo\o'o. aet forth., thll or.i:ept10lH and rQservatlon1> c:ontelned in the Onltc4 Stlll:.e4 pAtenl:s to is<iid l.aTids, e:iuemonl& end rest:1d<:• tlons tif record, public hl~hways and railroad )."19hti;~ol~•)"• and the l.lrrn of ta){es and asses~r.iants not yat due and p11y11bleJ ond the Clr<intor shall And vill HARIWIT ll!H> FOREV.fR -16 M .J 1. (l <) ·~. I I I ,,,,~-· ............ /····/····· ......... " , ... DEr£NO Uie sa1d pre~i$eS unto tba Grantees, their guccessoru .. ~~----~~snd. as1i9n1 .:u;iainst Any And all per1ori9 no1J or heroaftef.' lawfully clalPfng tho su1e or any part tbereof', except: as "lforesa!d, the Gral\to1:'3 liability for a breach or the forllgoing-varranly bcd.n<,1 Umited l:o the eo111r!QoratJon pi\id by ar"nt<!os, l!I HITIH~SS Wll.CUOP, the. Gr11ntor ho!lth cau~"d ltff corporo.t11 nAll\O to ~ horeW!.to subsoribt!d by its Vice Pre1!dent, and its eorporo.to aoal to be her4Unto affixed, l'tt.a.11.t.eO by its As5'istiint Sccrotar;y, Ute da1 and year first 11bov11 vrltten. \I\ 1\11 ·t ~ ....... , •• ~ .. . ;: .,,,.re.~"'(\ . -\ 1 ! ~ .:r~:-tf-13~~ ' 1 • '~Asei~t.int: Se:e1'et.lr)' '£1lB DOW CllUIICAL COUl'AuY S'l'ATe OF HICllIGAll COUtttr OF MfDLA!fD 'rhe. foreg()i.ng .l.n11trum/i!Dt va.s aeknouledged bofo.ca tI10: thil5 26th day oC January, 19??, by 14 r. H11.r1011,, as Vice Pl!ea1deot, alld }>y }!;, ff, l!i!.tker, aa Au1t:, Se.ctetai:y of 'l'HD OO!f CllBMXCl'W CO}iPJ\NY I a t>ala.v.u::e eoi:pol:.'il.t:.ioo, Wlt:ness ~y hand 3n.d. offioial R~al. Hy r:owllsn.lon c)!ph:o:n Notary eubJ.ia •• A ~ (}; \ . ' I I I I I I I I ' " t 11 •' Book J30 ' 0Page 14 neool'ded Sept u., 1960 at 9:1,; A, /.!, Reoeption /,1210984 Chas. s. Keegan, Recorder GENBR/ll, WARRANTY Pl!l!O '!HIS DIDID, J.Sa.de this 13th day Qf Sep,tero.ber1 in the year of our Lotd, one tl:Jousa.tld nil>.e hundred and sixty, between ANN1.l3 K. l!SltB of the County ' . of Garfield, and &ta.te of Colo.rado, of ibe first part and tHB 1)01'1 CHJU.UCAL COMJ?ANY, a co.rpo.i:a.tion °duly organized. and existing under and by vittue of the laws of the State of Dela.ware, of the second pat::t1· w:rnms~.a-iH 'Ihat the said pa.rt'y of the first part for eJ1d in considel'a.~ I ' '" ., tioA of the S\ll'll of :!'en Dol~ats ($10.00) and other valuable considerations, -to the said party of the first patt in hand paid by tile said party of the sec:ond patt 1 the .receJpt whereof' i3 .hereby confessed and acknowledged, ha.$ granted, ba~ga;ined, sold and conveyed, and by these presents does grant• bargain, sell, convey and confir111 1 unto tbs said party of the second ·P,art, its successors a.nd 11ssigna forever-; all the following· desc:tibed tracts or parcels of land, situat~, lying and being in tAe County'of Garfield e..nd "state of Coloxado,-to ... witi . l. 'l~a.t }>art of .B!SWt, Section 341 T. 6 S., R. 95 w. of the 6th P-.M. and that pa.tt of Lot 11 Sec'tion 31 T. 7 $.1 R. 95 t(, of the 6th l' .M. ly.ina: eouthc:rly and easterly <>f the _following: described line J .Beg.in.ning at a poillt on the "l!'e.st line of said B~WJ. and sou .. tberly bank of· Wilcox Canal whence tb.e Ni 1;orner of sa.:td section 34 beats N. 0°'30t B., 2987 ,9 feet1 th:ence, following the southerly bank of the Wilcox canal, s. 6li>0' W,1 631.6 feetJ thence S. 41°01' W., 476.9 feet; thence s. S9P56' w. 420.Zfeet to tb.e center of Cottonwood c:i:eek; thence., following the center of Cottollwood Creek, S. JDPOt :a.1 37.0 feeti thence S-. 57"'301 B~, 95.Q feet; thence s. 24°0 1 :a.L 2 s.o feet; thence s. 14"0 1 W., 250 :feet; thence S • .t0 01 .B., 106 r·eet; thenee S. 3i00t W.1 .160 feet; thence S. 17~30' B., 228 feef; !hence S. 15'0,. a.1 138 feet; thence s, 53'0' ti., lOJ feet; thence S. l90301 B41 llJO feet;fhMce s. S~O' W. 215 feet; thence s. 2°0 1 :a., 18'0 feetj tbenc:e s. a1j)or w., 253 feet; thence s. 40°01 l!., 7$ feet1 thence s. 1~0' W • .1.08 feet md th~nee South 50 feet to the' Colorado :Rivet J 2. Sil/llf, exeept the N~'isW~Bt; Ni$Bt; that pad of J,of 1 lying noxtherly of tb.e .rallioad rJ.-ght oi wayJ en.d :Lot 2, all in Section 34, T. 6 S., R. 95 W. of the 6th P.lo!.; · 3, siiim/t; lllll!l~4; 111'/ffeB*; SJliNwfi that paxt of the Nlit3\'lt and ;ots 1,. 3, 4 e.nd 8 lyiuS' .no.r:therly of the .ra.:llroad &d:gbt of way m Sechon 35, T. 6 s., /\• 95 w, of the Oth ~.u.r · 4. That Patt of Lot 3, Section 361 T. 6 S., R. 95 W. of the 6th r.i.i. lying north o~ the nilroad ngbt of wayt 5. Sl!~llt, Section 26, T. 6 $., R. 95 W. of the 6th ~.M.1 6. That part of the Sl$Wi, Section 25, T. 6 S~, R. 95 w. of the 6th ~ .M. ly.i:og no.rth of the railroad xigltt of way;. ·j ' ·i I ,. Book ))0 Pag;e 15 and •11 oubject to the right of way for l!lghway )lo, 6-24 and the rail.road right Of way. l!XClil'TING and RMllRVING •11 minerals •. 'l'OG.BTmJP.. with s.11 and singular the hexeditaments and appurfenances thereunto belonging', or in anywise apperta.in!ng, and the reversion and re- versions, remaindet and ~e~ainders, rent~, issue$ and profits thereof; and all the estate, right, title, interest, claim and dem<!nd whatsoever of the sa~d pa~ty of the first part, cithex in law or eq\l.ity, of, in and to the above bargained prendses 1 with the bereditaments aru;t ap,t>uttenanCes. '!O HA.VB AND TO ROLD the eafd preniises above bargained and described, with the appurtenances unto the said party Df the sec<lnd put1 it.s .sue .. cessors and assign!! _forever, And the said Annie }f, &he party of the first ~art, for herself, her heirs, executors ~nd adl!linis1rato~s, doea covenant, grant, bargabl a~d agree to and with the said party of these~ eond pait, its successors and assigns, that at the time of the ensealing and delivei:y of these presents sbe i.s well seized oftlie.pi:emises above conveyed, as of good, sure, perfect, absolute aud indefeasible estate of of inheritance, in la.w, in fee .s.il!lple, aud has good .right, full power a.x1.d lawful authority to g.r:ant, batgain, se.1.1 and convey the same .in manner and' form aforesaid, and that the same are free and clear frora al1 f orme~ and othex gxants, baxgains 1 sales, liens, taxes, a.s~essments and !neumbrances of 11.b.atever kind ox nature soever; except aenera1 ta.xes for the yeai: ,1960 and subsequent years 1 and the above bargained pEenii~es in the quiet and peaceab1e po5session of the said party of the aecond p~~t. its successors ,a.nd assigns 7 against al1 and every person ox persons lawfully c1~mi.ng or to claim th~ whole or any pa.rt tbexeof, the said pa~ty of the fil'st part shaU and wlll WARRANl' AND POR.l!V.BR Dlll'Bl!D. IN WJ;'J:Nl!SS WHl:lREOF, The said pat"ty of the first part has hereunto set SURFACE LEASE STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGREEMENT (this "Agreement"), is made effective as of the./_}_!:':_ day of April, 2012 (the "Effective Date"), by and between Puckett Land Company, a Colorado corporation. whose address is 5460 S, Quebec Street, Suite 250, Greenwood Village, Colorado 80111, hereinafter called ''Lessor", and Petroleum Development Corporation. d/b/a PDC Energy, a Nevada corporation, whose address is 1775 Sherman Street. Suite 3000, Denver, Colorado 80203, hereinafter called "Lessee". The entities named above may sometimes individually be referred to as "Party" and collectively as 'Parties". WITNESSETH: For and in consideration of Ten Dollars ($10.00) and other valuable consideration. including the rental payment provided herein, and the mutual covenants herein contained, Lessor does hereby lease and demise unto Lessee the surface of the following described property, situated in Garfield County, Colorado: 10'!.IlshjR.§_~lli!.!h. Range 95 West, 6th P.M" Section 25: A portion of the SWl/4 more fully described in ex.hi bits altached hereto as Exhibits "A 1-4". The above described property is hereinafter referred to as the "Leased Premises". This Agreement is subject lo the following terms and conditions: I. Purpose of Lease. The Leased Premises shall be used by Lessee for the purpose of establishing and operating, pursuant to Colorado Oil and Gas Conservation Commission Rule 908 ("COGCC Rule 908"), a centralized soil treatment facility (the "Facllity") for the treatment, disposal, recycling or beneficial reuse of soil used by Lessee in its oil and gas operations and activities and, in connection therewith, constructing. maintaining, operating and storing on the Leased Premises. equipment, machinery, vehicles, fuel tanks, water storage tanks, portable toilets, solid waste containers. and other items incidental to the foregoing purposes and privileges (collectively, the ''Associated Facilities"). including rights of ingress and egress granted herein. 2. Term. This Agreement shall be for a term of ten (10) years commencing on the Effective Date (the "Term"). On or before thirty (30) days prior to the expiration of the Term of this Agreement. Lessee may make a written elect'ion to Lessor to extend the Term for an additional ten (IO) years (the "Exlended Term''). (?\ \:_j 3. Annual Rental & Maintenance of Lease. (!IA '-:._;} a. During the Term, Lessee shall pay to Lessor an annual rental in the amount of $5,000.00 (the "Annual Rental") for the use of the Leased Premises. During the Extended Tem1. should Lessee elect to extend, the Annual Rental shall be $7,500.00. The first Annual Rental shall be tendered by Lesser within ten (10) business days from the date Lessee executes this Agreement. Thereafter, the Annual Rental shall be tendered on or before each succeeding arutlversary of the Effective Date. b. Lessee may surrender this Agreement, in whole or in part, at any time by filing an instnunent of full or partial surrender of public record in Garfield County, Colorado. Upon such surrender, Lessee shall be relieved of all obligations under this Agreement as to that portion of the Leased Premise lands so surrendered, except as specifically noted herein. -1. Removal of Eouh>lfil!!. It is agreed that all machinery, tanks and other material, equipment and property placed on the Leased Premises by the Lessee as part of the Associated Facilities shall not become part of the real property but shall remain the personal property of Lessee, and that Lessee shall have the privilege of removing all personal property and improvements placed by it on the Leased Premises. provided that ii does so within six (6) months following the termination of this Agreement. Lessee shall restore the surface of the Leased Premises, as nearly as practicable to its original condition folloY.ing the termination of this Agreement and its surrender of the Leased Premises and in compliance with the closure and reclamation provisions ofCOGCC Rule 908. 5. Access to the Leas~d Premises. a. Access to the Leased Premises shall be ti-om US Highways 6 and 24 and then over an existing road owned by ExxonMobil, the use of which is covered under an agreement by and between ExxonMobil Oil Corporation, Puckett Land Company, and Tosco Corporation and dated April 4, 2012, a copy of which is attached as Exhibit "B". Lessee shall enter Lessor's property at the location sel forth on Exhibit "Al-4" attached hereto and shall access the Leased Premises over the private access road to be constructed by Lessee on Lessor's lands depicted on Exhibit "Al-4. Lessee agrees to pay the entire cost lo construct and maintain such Access Road during the Term of this Agreement. b. Except in the event of an emergency, Lessee agrees that it shall not enter onto Lessor's lands in any manner to access the Leased Premises other than as set forth in Section 5.a. without the express written consent of Lessor. 2 17'\ \;j c. Access to the Leased Premises shall be during Lessee's normal business hours (7:30 a.m. to 6:00 pm., Mountain Time); provided, however, that Lessee shall have access to the Leased Premises outside of such hours in the case of an emergency or should Lessee deem such access to be reasonably necessary. d. Lessee agrees that without Lessor's prior written consent, it shall limit the number of tru~k loads of soil transported to the Facility to 300 annually. 6. Covenant That Ooerntion on the Leased Premises Will Not Interfere with Serviant Tenement. a. Lessee agrees to maintain and operate the Leases Premises herein g;ranted in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of Lessor's adjoining property, including use thereof for oil and gas development, fanning, ranching and land development. h. Lessor agrees 10 erect perimeter fencing around the boundaries of the Leased Premises and to properly maintain such fencing once it is erected. c. Lessee shall take all necessary precautions in conducting its activities under this Agreement to prevent brush and grass fires. 7. Compliance with Laws. Lessee covenants and agrees that, in conducting its operations under this Agreement, it will comply with all applicable federal, state or local laws, rules, regulations and orders, including, but not limited to, COGCC Rule 908. 8. Indemnity. Lessee to the fullest extent pennitted by law, agrees to defend. protect, indemnify and hold Lessor and all of Lessor's affiliated and parent and subsidiary companies, joint ventures and partners, and all of the aforesaid entities' officers, directors, shareholders, employees, agents, invitees and insurers ("Indemnities") hannless, from and against any and all liability, Joss, damage, costs (including attorney fees), expenses, fines, claims, demands and causes of action arising out of or in any way connected with Lessee's activities or operations under this Agreemen~ that result in injury to or illness or death of any person (including. but not limited to, an lndemnitee or an employee or an agent of Lessee or Lessee's contractors or subcontractors or any third party) or for loss or damage to property (including, but not limited to, property of lndemnitees, Lessee. Lessee's contractors or subcontractors or any third party) or for violation of any federal, state or local laws, rules, regulations, and orders, including, but not limited to, COGCC Rule 908. SUCH INDEMNI IY SHALL APPLY.E_Yf;!'L!N THLJ;:_Y_ENl:_Qf_ AN J@EMNITFE'S OWN NEGL!Gfi.N_Cf~WH~I!-lli.R SUCH . NEQJ,)QI;NGE IS S01o-E. COMPMJJ]_YQ._ __ ~Ql'/TRIBUTQ~Y, CON.Cl)RRE_NIL_A_CILVJo, OR PASSIVE. __ ANQ_ REGARDLESS _OF ' ·' Wli~TI.IB~ LIABILITY Wl11fOUT FAUJ.,J ISJNfJ'OSED,OR SOUGHT IQ BE IMPOSEP.QJ'iONE QR_MORJLOF THE INDf'.MNITEES. but shall 11QJ apply to indemniJ!~'l.. !!TOSS neglJgence OJ willful l])isco_m!~Q!. This indemnity shaU not apply to the extent that it is void or otherwise unenforceable under applicable law. 9. Lessee Insurance RNuirement. Without in any way limiting Lessee's liability under this Agreement, Lessee shall maintain, during the term of this Agreement, the following insurance with companies satisfactory to Lessor: a. Worker's Compensation and Employers' Liability Insurance covering all employees, including partners and officers, who perform work related to the operations of the Leased Premises. b. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the following supplementary coverages: Contractual Liability to cover liability assumed by Lessee under this Agreement; Product and Completed Operations Liability Insurance; and Broad Form Property Damage Liability Insurance. The limit of liability for such insurance shall not be less than $2,000,000 per occurrence. c. Automobile Bodily Injury and Property Damage Liability Insurance. Such insurance shall exiend to owned, non-owned and hired automobiles used in the activities performed pursuant to this Agreement. The limits of liability of such insurances shall not be less thau $2,000,000 per person I $1,000,000 per occurrence for bodily injury and $2,000,000 per occurrence for property damage. The insurance specified in this Section 9 shall contain a waiver of subrogation against Lessor, and shal I name Lessor as an additional insured with respect to the activities performed pursuant to this Agreement. Jn addition, such insurance shall include a requirement that th~ insurer provide Lessor with 30-days' written notice prior to the effective date of any cancellation or material change of the insurance coverage. Upon Lessor's request, Lessee will furnish Lessor with certificates from Lessee's insurer providing for the coverages and endorsements required herein. 10. Warrantv. This Agreement is made v.ithout warranty of title by Lessor, express or implied, and is expressly subject to any exceptions and reservations and other mat1ers affecting title of record, including all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Leased Premises Lessee is responsible for obtaining any necessary third party consents prior to conducting activities on the Leased Premises pursuant to this Agreement. Lessee may, at its option, disch:!tge any tax, mortgage or other lien on the Leased Premises. in whole or in part, and thereby be subrogated to each such lien or liens, 11~th the right to enforce the same. 11. Assignment. No change of ownership of the Leased Premises shall operate to enlarge the obligations or diminish the rights of Lessee under this Agreement. No change in ownership of the Leased Premises shall affect or bind Lessee until the purcha<er thereof shall furnish to Lessee the original instrument of conveyance or a duly certified copy thereof. Lessee shall have neither the right nor the power to assign this Agreement, in whole or in part, to any other party without the prior written consent of Lessor. Lessor may withhold its consent to any such propose<l or attempted assigrunent for any reason or for no reason in its sole direction. Any attempted assignment made in contravention of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. The granting of Lessor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment which may be proposed or attempted, will be ineffective without Lessor's prior written consent. Provided, however, this provision shall not apply to transfers of interest that result from mergers, acquisitions or sale of substantially all of Lessee's assets or to assignments to Lessee's corporate affiliates. 12. Breach. It is agreed that no dcfaull or breach of covenant shall be deemed to have occurred on the part of Lessee until thirty (30) days after written notice of such default or breach shall have been given to Lessee, and Lessee shall have failed to remedy such default or breach within such perioo of time. 13. Taxes, Liens, and Encumbrances. Lessee agrees to pay promptly and before delinquency all taxes and assessments Je,~ed or assessed upon or against the Lease<l Premises during the term hereof, by reason of, or resulting from. Lessee's activities under this Agreement, and to reimburse Lessor for any increase in taxes paid by Lessor resulting from the value of Lessee's facilities on the Leased Premises, whether or not separately assessed. 14. Notices. All notices shall be in writing with postage prepaid addressed to the applicable Party hereto at the address set forth in the heading to this Agreement, or to such other persons and addresses as may hereafter be designated by the Parties hereto in writing. All notices shall be deemed delivered when deposited in a United Stated Post Office enclosed in a prepaid envelope addressed as hereinabovc provided, or if not mailed, when delivered in person to the affected Party. 15. Successors and Assiz~. The terms, conditions and provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors acd assigns. 5 16. Termination of Agreement. Upon tennination of this Agreement, Lessee shall execute and deliver to Lessor, v.ithin thirty (30) days after written demand therefore, a good and sufficient release as to all interests of Lessee in the Leased Premises. Should Lessee fail or refuse to deliver to Lessor such release, a written notice by Lessor reciting the failure or refusal of Lessee to execute and deliver said release, as herein provided, shall after ten (I 0) days ftom the date of recordation of said notice, be conclusive evidence against Lessee and all pe!'1>ons claiming under Lessee of the termination of this Agreement and all interest of Lessee herewider, subject to Lessee's obligation to remove its property within six (6) months of such termination. Termination shall not operate to extinguish any obligations of Lessee which have accrued at the time of tennination, or which accrue herewider upon termination. 17. ~plicable Law. TI1is Agreement shail be governed as to validity, enforcement, construction, effect, and in all other respects, by the laws of the State of Colorado, and its courts shall have jurisdiction to enforce this Agreement. 18. Attornevs FeeJ!. In the event of a default by either Party in the performance of its duties, the court with the proper jurisdiction to resolve the dispute shall award reasonable attorneys fees and costs to the successful Party, or in such manner as the court sees lit. IN WITNESS WHEREOF, the Parties hereto have executed this Agreemenl as of the date first above written. Lessor: PUCKETT LAND COMPANY ~~) .-'1 (J.<~--. t. B. ..-. '"' N~~~:tf,i. ,~·Steam; r..c -·· · ······ Title: President Date: April Ir'\ 2012 6 Lessee: PETROLEUM DEVELOPMENT CORPORATION, dlbia PDC Energy fl'\ \'d STATEOFCOLORADO ) ) COUNTY OF ARAPAHOE ) A\ \;j The foregoing instrument was acknowledged before me this /i ll day of _ __/l;.:::_,'1! __ , 2012 by Eric R. Steams, as President for Puckett Land Company, a Colorado corporation. My Commission Expires: _.;A~..J..J _ ~-~2l4:L~ __ Notary Public I' \RAYMONDS~ANDERSON l NOTAPY PUBLIC 1 SlATI: OF COLORADc: MyC~~;lon ~~;;;;-d42Z%~J= STATEOFCOLORADO ) CITY AND ) COUNTY OF DENVER ) The foregoing instmmcnt was acknowledged before me this J'.l~ day of _Aei:U __ . ____ , 2012 by ~11tesR. Sdici(+ , as VP ~°"'-!:I_._ for Petroleum Development Corporation, a Nevada corporation. My Commission Expires: _ .t:.:!2.. 5-1~ ----.-~O ·~---------__ Notary Public 7 I Ii I I\ I ' 'I (3) Exhibit "A2" PETROLEUM DEVELOPMENT CORP. LAND FARM SECTION 25, T6S, R95W, 6th P.M. PROCEED IN A NORTIIEASTERLY DIRECTION FROM PARACHUTE, COLORADO ALONG 1-70 FRONTAGE ROAD APPROXIMATELY 3.9 MILES TO Tiffi JUNCTION OF THIS ROAD AND AN EXISTING ROAD TO THE NORTHEAST; TURN RJGHT AND PROCEED JN A NORTHEASTERLY DIRECTION APPROXIMATELY 2.0 MILES TO THE BEGINNING OF THE PROPOSED ACCESS ROAD TO TIIE NORTHEAST; TURN RIGHT AND CONTINUE ALONG Tiffi EXISTING 2 TRACK TO BE UPGRADED APPROXIMATELY 1,794' TO THE PROPOSED LOCATION. TOTAL DISTANCE FROM PARACHUTE, COLORADO TO THE PROPOSED WELL LOCATION IS APPROXIMATELY 6.2 MILES. ···,'; •' ;{ '-·--···· 'I I /: ..:~~· :-· G ... '--· L L_j I I I ' t-·--'" M.,,,~,...,.;. -~----·· .... Exhibit "A3" ·-,_ ·.--,--:.J_ ·---_._ .. "-~ · .. , ··; ~- ·· ... ., . : : 0. \J Exhibit "A4" ~[nr:]:;~,.=~,:.:::~·::~:: .. ::~.,~-~=~"~~-, . ..... • ...... • .. ., • _, • -, ... ~ R"XHlrtnG O\TI, ID'.AI> }';)\YE'P. LIN'E' . --··----F.\1.\iNt';Rt.'T~.rr:r•rH'ft.l\T l. _ lf.H 1-:~I :;.:nNt;L(.l"''~~-~ , .. ~~~~S£N(•_l~9. .. _I17-'Rll_,sI<J.1._"E. lTf l~.~ DJ:l1!1 ----·-· -.-~ ·-->---.. • . ~·· ,' ' ... . ----_ .... ,.,._~..,,....:._~~m=: .... ~-=~~,,,...Q~~,.,.--"--"·""""·=·=--=-=,.,-=~=-""'~..,-....,-;;!, __ ~.,,,_,,,..,,,"r-'.-""'--~-='O!='OJ"'~.~--..... ,~,,=- LEgEN)?~------------·-· .. -·--.. ----·····--··-· N .f.ET_ROL~trrvI DEYELOPl\IEJ\l"T COR.f.:.. ___________ ... ,, E.\1,1'1:'<(} ROA!• L. \.'\Dr \T(\ r -----------t\.'-!l •'."'l'\·'·'') .:.11· '. 1ms-mU,TRl.•:L ~Ff Tl()\ 2~. TliS, !<'J:'W, lith r.11 ...... __ ,, ___ +····-\' [~1''TTIIGFrK<.'E \\\ F4 :';\\ 1·4 A ''-'.Y © . . Exhibit "B" Non-E){clusive Mutual Access Agreement ti.This Non-Exc,lusive Mutual Access Agreement ("l:\9L~erTJ.~I]") is made this _j __ day of __ Hi _._,_l ______ • 2012 ("J;Jfective O<jjg") by and between ExxonMobil Oil Corpcralion, a New York corporation ("EMOC"); and Puckett Land Company, a Colorado corporation and The Oil Shale Corporation, a wholly owned subsidiary of ConocoPhillips Company (collectively "PLC[fosco"). The term ".Efil!y" shall mean and refer to each party to this Agreement and the term "E'§!:!!es" shall mean and refer to all the parties to this Agreement collectively. Recitals A. EMOC is the owner of a portion of 1he real property situate in Garfield County, Colorado described as: SW1/4, Section 34, Township 6 South, Range 95 West of the 610 Principal Meridian, and further depicted on Exhibit "A" attached hereto (the "EM9C PronertY."). B. PLC/Tosco is the owner of a portion of !he real property adjacenl to the EMOC Property and also situate in Garfield County, Colorado described as: SW1/4, Section 34, Township 6 South, Range 95 West of the 61h Principal Meridian, as further depicted on Exhibit "A" attached hereto (the "PLCIIQ~co PropeJiY."), C. Each of the above described parcels is crossed by access roads. The term "Road" shall mean and refer to the access roads that traverse over and across, and are located on, the EMOC Property and the PLC/Tosco Property, as more particularly depicted on Exhibit "A". D. PLC/Tosco has requested the right to use the Road located on the EMOC Property to access property that is owned or controlled by PLC/Tosco and located in the general vicinity of the above described properties and EMOC has requested the right to use the Road located on the PLC!fosco Property to access property that is owned or controlled by EMOC and located in the general vicinity of the above described properties. E. The Parties wish to enter into a written agreement reflecting their agreement as to mutual access rights over and across the EMOC Property and the PLC/Tosco Property by use of the Road, as provided herein. THEREFORE, in consideration of the promises, covenants and agreements contained herein. the receipt and sufficiency of which is her•.;by acknowledged, the Parties agree as follows: Non-Exclusive Mutual Access Agreement Page 1of9 1. GRANT BY EMOC. EMOC, as grantor, hereby grants unto PLCffosco, as grantee, a non-exclusive right of access and use of the Road over and across the EMOC Property to access its (grantees') properties in the general vicinity of the properties described herein. 2. GRAN r BY PLCffosco. PLCffosco, as granter, hereby grants unto EMOC, as grantee, a non-exclusive right of access and use of the Road over and across the PLCffosco Property to access its (grantees') properties in the general vicinity of the properties described herein. 3. USE OF THE ACCESS RIGHTS. The non-exclusive rights of use and access granted in Paragraphs 1 and 2 above are granted for the purpose of providing pedestrian and vehicular ingress and egress access over and across the Road, but only to the extent such access relates to a Party's use of the Road to access and reach its respective land in which it holds an ownership interest located In the general viclnity of the lands described herein, or public lands adjoining such land, for commercial or industrial use. As used herein, the term: (i) "6.cce::;~.B.iflh!" shall mean and refer individually to each grant of access provided in Paragraphs 1 and 2 above, (ii) "Acces_§j3igh!§" shall mean and refer collectively to both grants of access provided in Paragraphs 1 and 2 above, (iii) "Granto~· shall mean and refer to a Party that has granted an Access Right in Paragraphs 1 or 2 above, (iv) "Gr;;inte.~" shall mean and refer to a Party that has received a grant of an Access Right as provided in Paragraph 1 or 2 above, and is accessing or using the Road on land in which Grantee does not hold an ownership interest, (v) "Qr_~ntor's_Boad" shall mean and refer to that portion of the Road being used by a Grantee on land in which Granter holds an ownership interest as described herein, and (vi) "Grantor's L_and" shall mean and refer to that land in which Granter holds an ownership interest, as described herein, to include, without limitation, the Road being used by a Grantee and Grantor's lands surrounding or adjacent to such Road. 4 ACCESS RIGHT CONDITIONS. The grant of each Access Right. as provided In Paragraphs 1 and 2 above, is conditioned upon the following: A DAMAGES: Grantee shall either repair and/or pay Granter for damages (if any) caused by its use of Grantor's Road relative to growing crops, buildings, general value of land, ditches, fences and livestock of Granter or Grantor's surface lessee/tenant. Grantee shall notify Granter and Grantor's surface lessee/tenant, if any, of any activity which may impact Grantor's surface lessee's/tenant's use of Grantor's Land. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found upon entry. Grantee shall not alter the natural flow of any creeks, streams, or irrigation ditches relative to Grantor's Land. B. MAINTENANCE· Grantor's Road, and all fences and gates Impacted by Grantee's use of Grantor's Road shall be maintained by Non-Exclusive Mutual Access Agreement Page 2 ·.·f 9 ® .,./ Grantee in as good condition as exists at the time of execution of this Agreement. Granter shall give Grantee notice of degradation or damage to Grantor's Road, fences or gates or Grantor's Land caused by Grantee's use of Grantor's Road. Within a reasonable time after receiving notice [not to exceed five (5) deys], if Grantee fails to repair or restore Grantor's Road, fences or gates or Grantor's Land to the condition described above and Grantor perfonns remediation or restoration on Grantor's Road, fences or gates or Grantor's Land, Grantee shall reimburse Granter for all reasonable costs and expenses associated with such remediation or restoration within thirty (30) days of receipt by Grantee of an itemized invoice for such services. C. NON-EXCLUSIVE USE AND RESERVATIONS: Each Access Right and all other rights hereby granted are non-exclusive to Grantee and limited to the specific grant herein. Granter reserves unto itself and its heirs, representatives, successors and assigns all rights not specifically granted to Grantee herein, including, wtthout limilation, the full use and enjoyment of Grantor's Road. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Granter does not grant any other Access Rights or rights-of-way across or over Grantor's Land except as provided herein. D. AGRICULTURAL LIABILITY: Grantee shall take all reasonable precautions to avoid damage to agricultural operations on or adjacent to Grantor's Road. Grantee shall have and assumes liability for all cattle, crops or chattel lost as a result of Grantee's use of Grantor's Road. E. LIABILITY OF THE PARTIES: Grantee releases, acquits and discharges and covenants and agrees to fully defend, protect, Indemnify, and hold harmless Granter, its officers, directors, employees, affiliates, agents and/or assigns, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including, but not limited to, reasonable attorney's fees and costs incurred in defense of Granter, Its officers, directors, employees, affiliates, agents and/or assigns), for damage or loss in connection therewith, which may be made or asserted by Grantee, its officers, directors, partners, members, employees, affiliates, contractors, tenants/lessees, agents and/or assigns (collectively ''Grao~JLEntitie§"), or which may be asserted by any third party (including, but not limited to, Grantor's officers, directors, employees, affiliates, contractors, tenants/lessees, agents and/or assigns), on account of personal injury or death or property damage caused by, arising out of, or In any way incidental to, or in connection with Grantee's use or occupancy of Grantor's Road or exercise of the rights granted hereunder, except to the extent such damage or Injury results from the actions of Granter. Where personal injury, death, or loss of or damage to property is the result of the joint actions of Granter and Grantee, Grantee's duty of Non-Exclusive Mutu;il Access Agreement Page 3 of 9 A \;_;:' indemnification shall be in proportion to tts allocable share of such action. Without limiting the breadth of the release and indemnity in the preceding paragraph, it Is expressly agreed that the indemnity obligation specifically includes, but Is not limited to, claims arising under the provisions herein entitled Agricultural Liability,· above, and Water and Drainage, below, and all federal, state and local laws, rules and regulations related to health, safety and the environment. No Party shall be liable to the other for any damages due to fire, lightning, earthquake, flood, windstorm and other like casualty or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, no Party shall be required to settle a labor dispute against its will. Grantee's use of Grantor's Road shall be at Its sole ris!c Grantor makes no representations or warranties of any kind, oral or written, express or implied, concerning i) Grantor's Road, its condition or stability, load bearing capability, turning radius on any of tts turns, suitability for any purpose or its safety, or ii) Grantor's Road's compliance or confonn\ty with any applicable sbndards, laws or regulations concerning health and safety or road construction or operations. Grantee assumes any ancl all responsibility for and risk of bodily injury, death and loss or damage to person or property caused by, arising out of, or in any way incidental to, or In connection with i) Grantee's use or occupancy of Grantor's Road, or ii) any latent or patent defects, if any, in, on or under Grantor's Road or Grantor's Land. As used herein, Grantee's use of Grantor's Road shall Include use by the Grantee Entitles and by Grantee's business invitees or visitors. The terms and provisions of this Paragraph 6.E shall survive termination of this Agreement or any Access Right. ::. LAWS, RULES AND REGULATIONS; Grantee shall at its sole cost and expense comply with all federal laws, rules and regulations as well as those of the State of Colorado and any other governmental aulhor;ty having jurisdiction over Grantee's use of Grantor's Road. G. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, purchase or sale of illegal drugs, narcotics or other unlawful substances and materials by the Grantee Entities or by Grantee's business invitees or visitors while on or using Grantor's Road or Grantor's Land. At all times while on or using Grantor's Road or Grantor's Land, Grantee Entities and Grantee's business Invitees and visitors shall not i) carry any loaded firearms or other weapons and such firearms and other Non-Exclusive Mutual Access Agreement Page 4 of 9 weapons, if any, shall remain unloaded and stored in the vehicle(s), if any, and ii) use, consume or be under the influence of alcohol and alcoholic beverages. H. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on Grantor's Road or Grantor's Land unless such rights are expressly granted in writing and no such rights are granted by this Agreement. I. WATER AND DRAINAGE. Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs and running watercourses and water tanks within a one· quarter (1 /4) mile distance of Grantor's Road insofar as such damage can reasonably be determined to be the result of Grantee's use of Grantor's Road. J. OIL AND GAS FACILITIES: Grantee acknowledges that there may be oil and gas wells, gathering lines and pipelines, and related facilities (collectively, "Oil_irn_~ G~_Blcilltie§i") in the vicinity of Grantor's Road (and, in some cases, under Grantor's Road); and that Granter and/or third parties may, from time to time, construct addttlonal Oil and Gas Facilities (including, without limitation, natural gas handling facillties) in such vicinity (and, in some cases, under Grantor's Road). Grantee acknowledges that the construction, operation and maintenance of these Oil and Gas Facilities may require closure of Grantor's Road from lime 1o time. K. TERM AND TERMINATION: Each Access Right is granted for an initial term of ten (10) years, effective as of the Effective Date, and may be extended for two (2) additional ten (10) year terms by mutual written consent. Any Party may terminate this Agreement for any reason whatsoever by furnishing notice to the other, non-terminating Parties, at least sixty (60) days prior to any annual anniversary of the Effective Date in accordance with Section 7 below, and, upon the giving of such notice, this Agreement shall terminate at 12 midnight on the day preceding the next annual anniversary of the Effective Date. 7. NOTICE. Any notice or demand to be given to a Party shall be in writing and may be delivered in person, by fax or certified or registered mail, postage prepaid, or by recognized overnight courier, addressed to the P;;irty for whom intended as follows: ExxonMobil Oil Corporation c/o ExxonMobil Global Real Estate Attn: Torn Adams 16825 Northchase Drive, Suite 200 Houston, TX 77060 281·654·6246 (phone) !\Jon-Exclusive Mutual Access Agreement Page 5 ~,f 9 281-654-6392 (fax) Puckett Land Company Attn: Land Dept. 5460 S. Quebec St., Ste. 250 Greenwood Village, CO 80111 303-763-1000 (phone) 303-763· 1040 (fax) ConocoPhillips Company Attn: RPA-Manager 540 G Plaza Office Building POB-05-540G Bartlesvllle, OK. 7 4004 918-661-4139 (phone) 918-662-3419 (fax) A Party may give notice designating a different address to substitute for 'he one above specified when necessary. Notice shall be deemed given upon receipt. B. GOVERNING LAW. This Agreement and all matters pertaining hereto,· including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. Venue shall be exclusively within the state and federal courts located in the State of Colorado. 9. AMBIGUITY. The Parties expressly agree that this Agreement has been freely negotiated between the Parties, who have equal bargaining power, and the rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting or construing this Agreement. 10. ENTIRE AGREEMENT. AMENDMENTS. CAPTIONS. RECITALS. This Agreement contains the entire agreement between the Parties concerning the Access Rights and the Parties' use of the Road, and any prior oral representations or understanding concerning this Agreement or such matters shall be of no force and effect. This Agreement may be altered or amended only by an instrument in writing signed by each Party hereto. The captions used herein are for convenience and are not intended to have any substantive effect All recitals and exhibtts attached hereto are herein incorporated for all purposes. 11. TITLE MATTERS. NO WARRANTY. This Agreement and the Access Rights granted hereln are subject to all contracts, leases, liens, easements and encumbrances or claims of title which may affect Grantor's Road or Grantor's Land and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof Moreover, this Agreement and the grant of Non-Exclusive Mutual Access Agreem(;", nt Page 6 of 9 Access Rights is made without any representation or warranty of title, or any other type of representation or warranty by Grantor, oral or written, express or implied. It is expressly understood that Grantor has not undertaken to make any review of its records or any other records to confirm the ownership of Grantor's Land or the Road and that Grantee has assumed full risk and responsibility related to title to, or ownership of, Grantor's Land or the Road. 12. BINDING EFFECT. NO ASSIGNMENT. The Access Rights and the terms and provisions of this Agreement extend to and are binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. This Agreement may not be assigned without the written consent of the other, non-assigning Parties, which consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, a Party may assign this Agreement to an affiliate without the consent of the other Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year indicated below but effective on the date first set forth above. [Signature page follows.J Non-Exclusive Mutual Access Agreement Page 7 of 9 EJo<onlVlobll Oil Corporel:ipn /. ----< u .-. ·-----· ,• By: _'.:::-='_~;-_: '-:'>/--:-- D. R. rorenzo Title: Agent and Attorney-in-Fact Date: ___________ _ P"'k""z; qj{,;,i- By:_( L ... ) r l--~- Eric R. Stearns Tille: President/CEO Date:_\.'.j_0h:i. .... :/!.L-'''------ The Oil Bh~li;, Corporation ~ r '/• ( ·.·,,..;--· By:__ , . __ /'/; i.<f.::!'lJ.. __ _ ,I.E. c·arlton Title: Vice President Date: Ml~ n z ;~11 Non-Exclusive Mutual Access Agreement Page 8 of 9 Exhibit "A" Attached to and a made a part of that certain Non-Exclusive Mutual Access Agreement between EMOC, Puckett Land Company, and TI1e Oil Shale Corporation M.Qp depicting the EMOC Property the PLCffosco Property and the Road (Attached on the following page 9A) Non-Exclusive Mutual Access Agreement Page 9 of 9 r ' 33 /\ ·, .. , ..... -.._:\ N I I I I ' i i l i \ ' I ? ~J .. -... ~ o= 'P 'r1 ! i•-• Wi7 (• u,_,,.,,,~~~ :i 11 U Ji '1 --·~ ----···-·--··,.---· ·---·-· ·--------··--. ____________ .. ------···-------······-·-···--~·-.·----· ;.-----------: -· -·~---------: NW1/4SW1/4 Section 34 T6S R95W, 6th PM ! North Lino of Right of Way l _ 1 Frontage Road . _i/ --------· ,. ·.: ~ ~-; t\ !~ . ·~~ i ~-' 'S· "' -0 c "' rn ! -o -' c ·-~~ -~ \\ \I\ \ \ :0 ! .5 O 0.. ~o c. :Q ~,g ~ ~ 10.. " \ \ \ 't '1, -~ J ....~-i:::!?..;-~;!I NE1/4SW1/4 Section 34 T6S R95W, 6th PM 1 \ 6S95W 34 _1./ \ \ ------·------------------.\ -----·--1 · .. -- ,<:;, o"t ~ .. ·i'o ""' interstate 70 l, j '• ene"'·~l -·-::;11 IJ ! ..._,, :•·~ •. ,._~.,;.-,;-~.-::-• ...:c=:.:::::;;, Exxon-Mobil to Puckett Land/Conoco-Phillips Puckett Land/Conoco-Phillips to Exxon-Mobil (Cottonwoo11 Creek Road) @ ('.":), 'd 1875 Lawrence Street, Stflte 1300 Denver. CO 80202 Phone (30J)291·9999 Fox (303)291-9997 July 19, 2011 Puckett Land Company, a Colorado corpo1at1on 5'160 Quebec, Sle 250 Greenwood Village, CO 80111 Polley Number: Our Fiie Number: Amount of Coverage: Property Address: Dear Property Owner! 75·1528·206-1481633 1481633 $ 8,000.00 10 Acres SW/4 SW/4 Soct 25 Twp 6 S Rango 95 W,, li·ll 2 (I 2"'' ·' ~· ·~ ·· !.i I I Chicago Tltlo lnsuronce Compony would like to lh•nk you for lelling us bo of seivice In providing lhe enclosed litle insurance policy. This valuable documenl Insures good and ma1ketable tille lo your properly, Please lake a rev"' n1inules to read your po!lcy, We v;ill be happy to answer any queslfons you may have regarding this policy. Just call our central lille files oflice ol lhe number and address above. Should you decide lo sell the property described In Sc:hedule A of your policy or If you are required lo furnish a· new !Ille commitment for mortgage purpos~s. you moy be f:Olilled lo a credit toward rulute litle l11surancv expGnses. Chicago Tille or Colorado, Inc. wilt re1a1n a copy of lhe enclosed Ulle policy, and, in the event l113t you do need Curlhcr services. we vlill be In a position lo (!gain sGrve you promptly and efficiently. We sincerely appreciate your llusinessf Thank You, FOCOU31D.rtlw American Land 'fille Association · Owner's Policy Ado led 6·17·06 OWNER'S POLICY OF TITLE INSURANCE Issued Sy CHICAGO TITLE INSURANCE COMPANY Any notice of claim and any olhor no1ice or statement In wriling required to be given to the Company under th ls Policy must bo given to lhe Company at 1he address shown In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS fROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE CONDITIONS. CHICAGO TITLE INSURANCE COMPANY. a Nobrnska corporation (the "Company") lnst1res, as of Dote of Polir.y and, lo the extent ~laled in Coveted Risks 9 and 10. after Date of Policy. riya111sl loss or damage, no! uxceeding the Amounl of lnsuranc:c . .sus1ained or lncu1rcd by the fn~mrt!d by reason of: 1. 2. Tille being vcsled other th~~n as s.trued in Schedule A. Any dGfecl In or lien or encumbrance on the Telle. This Covered Risk Includes bu! is no! limited lo insurance against Joss fton1 (a) A de.feel in Ille Tille causod by (i) /orgcry, rtaUd, undue influence, duress, lncon1pelency. inc:11pacity, Of fn1personalion: (ii) filllurc of any person <>t Enlil~' lo have aulhorl~elJ a transfer or conveyance; (Iii) a docun1e1'l aflecling Tille no\ propetly crealed. execulecl, wilnes!:ied, sealed. ;;ick11owledged, notarized, or clelivcred; (iv) failure to pedonn U1ose acls nece~sary lo create a rlocummll by eJP.r.lrnnic nH~flns a11lhoriz1HJ hy low; (v) a documenl cxeculed under a falsified. expired, or olherwlse. lnvalicf power or allorney: (vi) a document not properly filed, recorded, or indexed In lite Pt1blic Records Including lailu1e lo perforni lhose scls by elr.cironlc means aulholized by law: or (vii) a defec!ivP. judicial or adminlsltatlve procetH.Jlng. (b} The lien of real est<Jln lcixes or assessments linposed on the Tille by a guvc11,nlental authority Cuc ot payable, bul unpaid. {c) Any encroacl11nent. encumbr:;ince. violalfon, vanatlon, or adverse circumstance Gffecllng the l°IU& Ul21t would be disclosed by an accurale anti con1plele land survey of the Land. The term "encrC>i1clunenl" incll1des encroachments or ex1sti11g inlproven1enls located on the Land onto adjoining land. and ancroar.hments onto lhe Land of existing improvfJHJRnls localed on adjoining land, 3. Unmarkelable nue. 4. No right of accu:;s lo tJlltl lro1n the Lmld. 5. The vfolatlon or enron:emenl of any la\•/, ordinance, perm ii, or gove1runan1al 1egulalion (inclutling I hose rcla\ing to building And 7.0ni11g) resltic:Ung. regulnting. prohihilirtg. of relating to (a) the occupenr.~" use. or enjuy1nen1 of Ule Land: (b) lhe character, dimensions. or loco\lon o( any i111prove1nent eri~clP.tl on lho Land: (c} tho subdivision of land; or (d) environn1anlal prolactlon if o notice, describing any parl of the Land,' is recorded in lh<~ Public Recotds selfing forlh the vfol3t1on or 1nlenlion lo enforce. hut only to tho extent of lhe vl1Jla1ion or 1~nforcon1nni referred lo fn lhnl notice. 6. An enforcemenl action based Cln !Im exarclse or a governmental police power not cuverad by Covered Ri~k 5 if a notice of lhe enforcement acHon. describing uny part or lhe land. is recorUE:!d in lhu Public Records. bu! onry la th~ exlent or Iha e:n(orc:r.menl referred to In thal noUce. 7. The exerr.ii;e or the 1ighls of ernlnenl domain if o notice of the exetdsa, describing any part or the t~uuJ. fs rr.r.orded in the Public Records. .........,. ......... I I i j I i I I I j I I American Land Tille AssocJatlon OWNER'S POLICY OF TITLE INSURANCE (Continued) Owner's Polley Ado ted 6·17 .os 8. Any toking by o governmental body U1a1 has at.curred and Is binding on Iha rights of a purcha::;~r for val11v wHhout l<nowledgo. 9. litle bP.ing vested olher U1a11 as stated in Schedu!P. A or bei119 defeclivn (a) as a result of llle avoidance in whole or in part, CJr from a court orcfet providing an aH~nrnlive ren1edy. of <1. tranlilor nf all or any P3rl or tho title to or any inlaresl fn the Land or.curring prior to tho transactron vesting Titfe as shown in Schedule A because thal prior lt~nsfet constiluled a fraudulent or preferential lran~fr.r ~nder federal luu1kn1plcy, slate insolvcor.y, or sTmilar credilors' rights laws: or (b) because the instrun1ent of transfer vesting Tille as shown Jn Schedufe A conslitules a prererentietr transfor under federal bankruptcy, state insolvency. or similar <.-redilors' rights la\.W by reoson of the (ailure of its recordit)g in the Public Reco1ds (i) 10 be limely. or {ii) lo import oolice of ils existence lo a purchaser for value or to a judgn1ent or lie" creditor. 10. Any def eel in or lien or encumbrance on lhe Tillo or other mailer included in Covered Risks 1 through 9 lhal has been created or allached or has been filed or recorded in the Public Records subsequont to Date or Policy and prior 10 the recording ol lhe deed or olher inslrumenl of transfer in the Public Rllcords lhat vesti; l'iUe as sho~'l1\ in .Schedule A. The Company will alst) pay lhe costs, attorneys' rees, and expenses incurred In defense of any 1naller insured a~1ains1 by lhis Polley, bul only 10 Iha ••lMI provided In !he Cou~ilions. IN WITNESS WHEREOF. CHICl\GO TITLE INSURANCE' COMPANY has caused lhi., policy lo be signed and seale<I by llo duly aulhorlzad olllce.rs. Cou1\lcrsignecJ: Chicago Title 1.nsurance Company " (10,.,j M(L.L-;._.,.. "'"' / ~----:•••••••r 1:"l'l.'"\1hl NJ\•lr•f•'"l •lll•J ltt1t ,\<i~G(~ll'°"· }\\11111111,: 11'1"'"~'1 tl\T•Jn ·\I l•t1•FU111\111Mll/(ft;l t:> ·.I . • 11; .. n ·~H •'",;,\I; 111"1"1""'~ ~·. t~'. "l ;·I lllllEI"\ ·'I ,./•I,.• : "" ~I"'~· .'•I·.;\"•~/ lllf-1 ;l''I" ~·l•;•"b'v1 l!Hul,I~,\ h111/:.1 11,~11·<· 111" UH• •.,., n :~u I J'"~ I 1!!, , j '.o,•;1 ,~,. o, """""' .. .. ~ .. " ...... '" . ~1-. ' i I j ' American Land Title Association EXCLUSIONS FROM COVERAGE Owner's Polley Ado led 6-17-06 The fo!IO\lling mailers ore expressly excluded fron) the coverage of lhis policy. and the Cornpnny ,.,;11 no1 pay loss or damage, casts., attorneys' fee:;. or exp6nses lhr.11 arise by reason of: 1. (a) Any law. ordinance, potmit, or governnu;1ntal regulation (lnctuding those relallng to bt.Jlldin9 ;)nd 2onin9) rcstclcling, regulating, prohibiting. or relating lo (i) !he occupancy. use, or enjoyment of the Land; (ii) the character, dint~ns:ions. or location of any Improvement erected on the Land: (iii) tho subdivision or land: or (iv} environmenlal protucllon: or the effect of any vfofation of the.qa lai,vs. otdinances. or govc1noH~ntal 1egulallons. n,1s Excluslon 1(3) does nol modify or firnit lht! covetage provided under Covered RiHk 5. (h) Any governmental police power. This Exclusion 1{b) does not modify or limit the coven19e provided 1Jnder Covered Risk 6. 2. Rights of en1inenl dom<1in. This Exclusion does nut n1od1fy Of limll the coverage provided under Covered Ri!ik 7 or 8. 3. Def eels. liP.ns, er,c:umbr.ances, adverse cinims, or other matters (t=i} i;reHlad, suffered, assun1ed, or agreed lo by U1e Insured Claimant: (b) no! Knovm lo !he Company, 1101 rncorded in !he Publlr. Records al Dalo ol Polley, bu! l(nown to the Insured Claimant nnd nol disclosed in vniling to the Company by lhe ftlsured ClalmHnl prior to !he. date !he Insured Claimanl became an h1sur~d undP.r this policy: {c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created ~ubsequflnl lo Dale ol Policy (however. this does not n1ochfy or limit !he covetage provided vndor Covered Risk 9 •nd 10); or (e) re~ultlng in lass or damDge th(ll would 1101 have been sustajned If the Insured Claim~nl hao pmcJ value for Iha Tille. 4, Arty c!{!.i!ll, hy rea~on of the operation of federal bankruptcy, state insolvency, or similar credi101s' rights laws. that the lransaction vesling the Title as shown in Schedule A. is (a) a fraudulent conveyance or frCJudulenl lransfer; or (b) a preferential trans(et for any reason not statinJ In CovCrecl Risk 9 of 1his policy, 5. Any liAn on thP. Tiile for re.nl r,slillA ll'IXP.~ nr As!':e:;..c;ment!:I inlpOf'iP.<i hy govRmmem:;1I aulht)nly nnrJ r.t"RA!o<I or att;.u:hmg between Dale of Policy and lhc date of recording of the dee<l or o\her inslrun1e111 of lransfar in !he Public Records thal vests Tille as shuvJf\ lo Schedule A. 1,:,•1111•(1111 •'"l•ll•j •!111 ,\.,ti 1"11• l,~~tn"IJl•hl!. All 1 •11t·•' , .. ~,•/•/·l•I. l'""••t-• ·)I fl.• .I ~-h•\t• '"I'll' I·!~ I~< I\ I•• I.•'/•\.••"•.\("• '~ I •',,.,,.,.,••·I" •.1"''' 11 .• 1.·t·~· 1 • .• , ff .... ;.I"· ·~ ··~~ ~11•'>"l•'l1• I'•\ .v~ H···•·l~-r/"1 flt·l·"M'"' "'''·-.•• ,. ...... ,,. ... \II·"' :11··· '" -·· ' ,,,,,tilt·· • \ ~ \ ' 1\ 1 • .. ~: -~· I I I CHICAGO TITLE INSURANCE COMPANY Chice190 Title of Colorado, Inc. 1875 Lawrence Slreel, Suilo 1300 Denver, CO 80202 FILE NUMBER 1481633 POLICY NUMBER 75-1528·206-1481633 OWNER'S POLICY SCHEDULE A DATE OF POLICY: June 30, 2011 al G:OO PM Address Reference: 10 Actes SW/4 SWl<I Seel 25 Twp 6 S l<onge 95 W 1. Name of Insured: Puckell Land Con1pany, o Colorado corporaUon 2. The estate or interest Jn the Land that Is insured by this policy is: fee sln1ple 3. Title Is vested In: Puckelt Land Con1pany. 3 Colorado corpuralion 4. The Land referred to In this policy Is described as fo1Jo1.vs: SEE EXHIBIT "A" ATTACHED HERETO AMOUNT OF INSURANCE $ 8,000.UO THIS POLICY VALID ONLY IF SCHEDULE BIS ATTACHED Al TA Oi<~·s Poticy lli/17/IJOl CHICAGO TITLE INSURANCE COMPANY . Policy Number: 75-1528-206-1481633 OWNER'S POLICY SCHEDULES EXCEPTIONS FROM COVERAGE OWce Filo Number : 1 ~61633 This policy does nol insure againsl loss or damage {and the Cornp!lny wili not p:'ty cosls, allorne:iys' fees or qxpenses) lhDl a1ise by renson of: PART ONE: 1. Any fac!s, rlghls, interesls. or cJaims thal ('Ire nol shown by the Public Records but lhal 1;ould be asc~rtalned by an Inspection of \he Land or that may he as.setted by persons in possession 01 lho Land. 7. Ea~e1na111s, liens or er\cumbrances. or claims thereof, no! shov11\ by lhe: Public Records. :J. Any 01,croachmenl, encumbrance, vlolallon, vari3Hon, or adverse circlrmst;:ince aHecling lhe Tille lhal \vould be disclosed by an accurate and co1nplete lanlJ survey or tho LDnd and nol shovm by lhe Pub!!c Records. •I. Any lien. or right In a Hen, ror services. labor or ma1erial here1ofore or hereafter Cu1nlshed, impo~ed by law and no! shown by lho Public Records. 6 {:l) llnp:~lnnt~rJ minino r.:l<u'm~; (b) r~.o::ervnlions or Axr.eplion!' ln ri;:itenl~ rJt in Ai;ls "1lllhr.ui7.lno lh~ isi;.u::inr.e lh~reof '. {c) \Valer r!ghls, claims or tills lo waler, whether or no1 the m~ltars excepted under (a), (b).' or {c) are shown by 11\e Public Records. 7. Taxes ond assessments for the year 2011 and subsequem years. a lien no! yel due or payable. 8. Water fights, claims or 1il1e lo water, whether or nol disclosed hy tile public records_ 9. Reservations contained in the Paleot No. 006736 From; The United Slf!fe:; of America Which a111011g 01her i11lngs reclles as follows: Subject lo any vest&d (Ind acctued water rights for 1ninin9. agricultural, manufr.ar.\urlng or olher purposes and rights to di1c:hes and re:seNolrs used in connection wilh sucJ1 watt?r righls. as may Uc recognized al'1d ackno'lw'ledged by lhe Inca! custonls, lows and decisions or lho court:;: and ill~o ~ubjocl 10 lho-1i9hl of lhe ptoprielor of a vein or lode lo extract and remove his ore lherefrorn should !he same bo found to penetrate or ln\ersec\ Iha premises hereby gra11led. as provided by law; and !he reservatlo11 limn lhe lands heteby gronle.d of a rl9h1 of way !hereon for ditches or conals constructed by the aolhorily of lhe United Slates. 10. An oil and gas lease for the terfl) therein provided \-vfth certain covenants, condlhons and provisions1 logelher with easen1r::nls. if any, as set forlh \hP.niln. anrl any ::uid ;.ill i-l!-1Si$Jnmenls U1e1aaf or lnlerests I herein. Rocording No: Book 285 al Pago 422 The present ownership ol lhe leasehold created by said lease and oll1er mflflers altecting \he lnlerest of the lessee are not sho'J..'n herein. 11, An oil aod gas lease for lhe lern1 therein provided with cenaln covenants. conditions and provisions. together wilh easenH!nls, il ony, as {;el forth lherein. anti any and all assignmr.nls !hereof or 1ntar11sls therein. Recording No: Book 286 al Page ,ISO CHICAGO TITLE INSURANCE COMPANY· Polley Number! 75·1528-206-1481033 OWNER'S POLICY SCHEDULE B (Conllnued) Ofnce File Number: 1481633 Tile present ownership of lhe leasehold created by said letlse and other mailers affecling lhe Interest of the lassea are not shown herein. 12. Reservations by Annie H. Eshe of oll minerals underlying the La11d ~s contained 111 Dtied as set forth befo\v1 rind 1:1ny and all as~igomenls !hereof or Interests therein: Recordrng Dale~ Supternbar 14, 1900 Recording No.: Book 330 al Page 14 13. An oil and gas lease (or tho lerm !herein provided with certain covenants, conditions and provisions, logelher \vith easemP.nls. if any, as sel forth lhereio. and any and all asslgn111en1s thereof or Interests lhereln. Recording Date: January 7, 1972 Recording No: 8001, 426 at Pagtt 177 A docun\ent ex.eculed by the parties narned herein. ond others, vA1erel11 safd parlies purport to agree to pool all or lheir inleHHilS under said lease wflh olller teases r:iffectlng other land, which doc.:ument conla1ns ccrfnin covenon!s, cohdilions and provisions. llnd any and all assign1nenls lhereol or interests th11rein. Oocu1nC3nl En lilied: Declaration or Pooling and Poohog Agreement Recording Dole: November 10. 2008 Recording No: Reception No, 7567452 Referen1:e Is hereby made to said documcnl for full eiaruculars. A docunH~nl executed by lhe parties named herein. find olhP.rs, wherein said parties purport to agree to pool all of their inleres!$ under s;.i!d lease wilh othur leoses affacting 01her land, \vhich documenl contaln!i certain covenants, condiUons and proVi'5ions, and iu1y an1f ttll as.'lignments thereof or interests therein. Document E.nlHled: Declaration of Pooling and Pooling Agreemmd Recording Dote· Moy 26, 2009 Recording No: Receplion No. 168490 Rere1enca is hereby ruadc to said docun1ent (or fl!ll paft\cvkHs. The pr~senl ownr.rship of lhe lomu~ho!d crenled by ~md lease and other 1nallets affecling !he inleresl or lhe Jo~see ure not shown herein 14. Ai' oil DncJ gtis lease (or the term therein provided .,..;u, certain covenants. conditions and prQYi:>ions. Jogelher vlith P.asemarlls. if any. HS sel forth !herein. and any and oll nss1g1lnlents thereof or interests !herein. Rocording Date: November 1. 1973 Recording No: Book 451 nl Payo 328 I ' ! I I J I I I I CHICAGO TITLE INSURANCE COMPANY Policy Nurnbor; 75·1526·206·1481633 OWNER'S POLICY SCHEDULEB (Continued) Office File Numhei: 1481633 A documenl execu!ed by lhe parlles n<1mcid herern, ond 0U1ers. v1herefn said parlies purport lo agree to pool oil ol lhelr inleresls under said lease \'Jlh oilier !oases affecting other land, which docunienl contains certain covenants, conditions and pruvisions, ond any and all asslgnnlents lhereof or lnlerests therein. Dacuil1ent En!Hled: Declarallon al Pooling and Pooling Agroe1nent Recording Dale: November 10, ~UOB Rflcording No: Reception No. 7587452 Reference is hereby made lo s~itl document ror full particulars. A clocu1nenl exeeuted by the parlies nan1ed herein, and o!hers. wherein said parties purport lo ag1ee lo pool all of lhelr interests under sold lease with other teases affocling other land, which documenl conlalns cerloln covenanls, conditions and provisions., a~d uny mid all assignn\enls !hereof or interests !herein. Document EnliUed: Declaration of Pooling vnd Pooling Agrec~111ent Recording Dale: May 26, 2009 Recording No: Reception No. 7GB400 Reference is hereby madA lo said document for full p!1rl1culors. ThP. pre5f:nt ownership of Iha !P.nsehold c:realcd by suid lease nnd ollier n-tatters affecling the inlere:;t of the lessee are nol shown hareln. 15. An oil and gas lease for lhc ter1n l11ereln provided wi1h certain covenanls. condiHons and provisions, together "1th easements. if any. ;:i::'i set (orlll lherein, and any and all assignmenls thereof or inte1esls lherain. Recording Dale: Novumb<u 1. 1073 Recording No: Book 451 at Pogo 331 A document e>:er:uled by the partie-s 11an1ed herein. and olhers. wherein said parties purport lo agree to pcol all· of their inlcresls under !iaitfleDse with other fei)t.es offecling other fend, which documenl canlnlns cerlllin covenaols, COl"tditions and provisions. and any anti all ;:1ssi911manls thereof or inlerests !herein. Docllnlcnl Enlillcd: Oecloratio11 of Pooling Cine! Pooling Agreernent Recording Dale: November 10. ?.003 Recording No: Reception No. 7587452 Reference is hereby made lo said docuinenl 101 lull p~rfi<:u1fJfH, i I l I CHICAGO TITLE INSURANCE COMPANY Polley Num~er: 75·1528·206·1481633 OWNER'S POLICY SCHEDULEB (Con.linued) Office Filo Number : 1481633 A document executed by the p3rties named herein, and olhers, \Vh~rP.in said parlies ptirport 10 agfee: to pool all ol lhe!r lnlere~ls l>nder said la~r.e wllh other \e:Ases affecting other land1 which documenl contains certoln coven0nls. condlllons ond provisions. find any and all ~ssi9nn1eo1s lhercot or lntcresls therein. Document Enlillcd: Occ:lan>llon of Pooling anti PooUng l\grcenlt':f\l Recording Date: May 26, 2009 Recording No: Recep\ion No. 768490 Reference Is hereby madB la said tlocun11:1f\t for run parliculars. The present ownership of \he lease\10\<l created by said lease ~nd olher mailers af[ec\\ng lhe inleresl of lhe lessee are not shown herein. \G. An o\I and gas leas~ for lhe. lenn lhcrein provided v1ilh certain covenants. conditions and provisions, together with easen1ents, if any, as set forth therein, and any and all assignments thereof or inlcresls !herein. Recording Dale: November 1.1973 Recor<ling No: Book 451 al Page 334 f\ document executed by the parties named herein. and olhers. where\n said parties purport lo a9ree to pool all of their Interests under said lease wilh olher teases affecUng olher land, which docuroenl contains certain covenants, cnndhions m1d provisions. Ollll any and all asslgmnents thereof or Interests lhereil\. Documenl Enti\\ed: Declaration of Pooling and Pooling Ag<ee1nenl Reco1din9 Dale: November 10, ZOO~ Recording No: Recephon No. 7587<152 Reference is t"iereby made 10 said dor.umenl for lull p•~rtlculcu5. A document executed by the parties named herein, ~nll olhers, wherein said parties purport to agree to pool all of their interests under said le3se with other le~ses <lrfec!ing other land, which document conlalns t:llrlain covG11anls. conditions Dlld provisions, and any ~nd ~n assignments 1hereor or lnteresls !herein. OocL1n1enl Entil\ect Oecla<atloo ol Pooling ~nd Pooling Agree1nenl Recording Palu: May 25. 2009 Recording No: Reception No. 768490 Hefereoce 1$ hereby made lo said cJocL11nent for lull p.:irtlculars. The preacnl ov1nr,rstiip of thu lea~eholcl Grr?a!ed by saicl lease rintl o\her 1nallers aHecUng the Interest of the li;!ssee are not shoY1n herein 17. An oil and gu~ hn1se for th0 term thorRin pruvltlHd vJith c:ertDln covenilnls, condilions and provisions, together wilh easen1en\s, if any. as :)fl\ forth lhere111, Hnd ai1y and all f!Ss.ignineots lherco{ or lnteresls therein. Recording Dale: November 21. 1973 Recording Nt): Book 452 al Pa~J~ tH2 ·; CHICAGO TITLE INSURANCE COMPANY Policy Number: 75-1528-200-1461033 OWNER'S POLICY SCHEDULES (Continued) Olffce File Number: 1481633 A document executed by the p.~rties n~1ned hareln, and others, wherein safd parlles purport to agree lo pool all of their lnleresls undc1 said lease with other leases affecting olher land. which document t:onlciins cer!<tln covananl5. condl!ion$: Dnd provisions. and any and all asslgnn\enls thereof or Interests therein. Docun1e11t Enlitlec.I: Declaration of Po(JJing ;ind Pooling Agreen1ent Recording Pala: November 10, 2008 Recording No: Reception No. 7587'152 Reference .1s hereby 1nade to said dc-cumcnt for full particulars. A <lac:umenl excculcd by lh(':! parties named herein, and others, wherein said parties purport lo agree lo pool all or lheir lnlerests tinder S3fd lease 'rvilh other leases affecting OUJer land, Which docu1nent conlalns cerlain covenants. C()Odilio1's and provis!o1ls, and nny and all assignnlen!"S thereof or Interests !herein. Documenl Entitled: Oeda1al1011 or Poolrng and Pooling Agreement Recordln9 Pale: May 25, 2009 Recording No: Receplion No. 768490 Reference Is hereby nlade to sard cfocrnnnn\ 101 lull parllculars. Tho presenl ownership of Ille leasehold crealotJ by said lease and olher manors affecling Iha ln1ores1 of lhe lossee ara not shn\4-'1l herein. 1 B Undivided 213 interest in all oil. gi'ls ond olhllr n1inerar rights reserved In lhe lnstrurneril sel forth below·, and any and all assigriments. lhorcof or Jntercsls lllerefn: Roscrved hy; Tiie Dow Che1nic.al Co1np~ny Recording Pal•: Feb111a1y 1, 1977 Recording No,: Book 493 al Paga 65 19. An oil and gas lease for th~ IP.r111 lherein p1ovlded with cer1ain covenants, conditions and provisions. \ogelher With easemenls, If ony. as sci forlh therein, end any and all essJgnmenls !hereof or Interests !herein. Recording Oote: February 5. 198'1 Recu1tJl11y No: Sook 561 1 nt Paue 071) A document ex.eculed by the p;:~rhes n\'ln\E'id herein, and olhers, \•1hereln said parties purport to agreA 1Q pool all of their Interests uncfer said lo'-!~c wilh other leases affecting other land, whiGh document contains cerlain covenanls, r.ondilion3 Httt.I provistuns. ond any and all E1ssignmenls lhereot or inlerasls t11c-re1n. Documenl EntiUed: Decli'1r<11ion nf PoolinsJ and Pooling Agreemcnl Recording Dal~: Novcn1bcr' 10. 2008 Recording No; Receplion No. 7587452 Refe.rcnte i~ llerehy 1nacle lo SHid documl~n! fm full pl:lrliculars. CHICAGO TITLE INSURANCE COMPANY Polley Number: 75-1528·206·14fi1633 OWNER'S POLICY SCHEDULE B (Continued) omco File Number: 1481633 A docurnanl executed by lhe parties named herein, and others, 'lihereln said parties purporl to agree to pool all of lheir inleres1s u11de1 said leose with other feases aUecllng other land, which clocumenl cofll<lulS certain covenanls, concJHiorts and piovlsfons, and any and all assignmenls \hereof or interests !herein. Docurnenl Enlilled: Declaration of Pooling and f'oullng A9reemenl Recording Dale: May 26, 2009 Recording No· Recepuon No 768490 · Refer<:?nce is herl!by made to said cJocume11t tor full particulars. fhe pre.sent ownership of U\e leasehold crea.lecJ by said lease and other matters arrecllng the interest or the IGsseu ~ra not shown JHuein. 20. An oil ond gas leosf! for the lE:rm therein provided \AA(h certain covenants, condlllons and provisions, togelher wilh easnmenls. if any. as sci forth !herein, and any and all assignments thereof or lnteresis therein. Rec:ordlnn D.':'llA' fP.hru~ry !l. 19A1 Recordlno No! Book 665 ell Page 9 A docun1enl execuled by lhe parties named herein, and others. wherein said parties purpor1 to agree to pool all of !heir inleresls undct said lease with other leases affecling other land, which document contains cerlain covenants. co1idilio11s. and provisions, and any and all assignrnen\s thereof or lnlerests therein Document Enlltled: DeclaraUM of Pooling and Pooling Agroemanl Recording Dalo: Novmnbor 10, 2008 Recording No Reception No 7587452 Rcfe(cnGu is harcby n1ticle lo said <focument for full pnrliculars. A docu11u~11t executed by lh~ parties oam~d herein, and others, wherein said parties purport 10 og,ee to pool all or thek inle(ests under said lease \\lith other leases alfacUng other land, which documenl conlalos r.ertain r.;oven.;ints, r.onditionil and P'ov!sions. and any and all assign1ncnls thereof or interesls lhercin. Ooc11n1clnl E111illc~c.J: Dudmalion of Poo!Jng .(lnd Pooling Agreement Recording Date: May 2G. 2009 Recorcli11u No: Rec1?pl1on No. 76!:MOO R<i(crcnr.o 1!> hefeby n\ade lo said docuo1enl for full par\icufars. The prescnl ow11ersl1ip of lhe leasehold created by said lease and othcu 1na1tcr::; affecting lhe interest of the lessee iJre not shown herein. 21. An oil find gas lease for the tern\ therein provided Y~lh certain covenanls, condllions ilnd provisions, togelher Wllh easements, If any. as sel forth therein, nnd any and all assignmetlls theircof or lntefests therein. Recording Date: February G, 1965 Recording No: Book {io3 ol Page 956 CHICAGO TITLE INSURANCE COMPANY Polley Number: 75-152B·20G·M81633 Amendnienl(s) of said instrument Recording Oate· June 27. 1985 Recording No.: Book 671 ot Poge 380 OWNER'S POLICY SCHEDULES (Continued) Office File Number; 1481633 A docl1menl exer.uted by lhe parties named herein, and others, \.\>herein said parties purport lo agree to pool all of their inlercsts u11cJe1 said lease with other leases a(fecling other land, which document conlnins cerla1n covenants. condll1ons and provif;ions, and any and all assignments !hereof or lntefests therein. OCJr.urnenl Enlilled: Declaration a{ Pooling and Pooling Agreement Recording Date: November 10, 2008 Recording No: R~r.cptioo No. 7587452 Referenr.o is hsr1~by 111ade lo said docun1ent for full particulars. A docomenl executed by lhe parties named herein, and others, wtietein said parties putporl lo agratt lo pool all of their inlerests under said lease with olher leBses affecting other land. which doe111nant conlrnns ccrlaln covo11Hr.1li::. conditions and provisioos, and any and all assignn1unls ther~ol or interesls U1erel11. Documenl Enlil!ed: Declaration of Pooling and Pooling Agreement Rer.ordlng Dote: Moy 26, 2009 Recording No: Reception No. 768490 Rofuronce Is hereby n1ade lo said documenl for lull particulars. Thu present owt1ership of the let1sehold created by said leaso and other 111allers affecting the inlere:;t of Ille ressee are nol shol'ITl herein. 22. An oil· and gas lease ror the ler1n U1ereln provided \vllh certain covonanls, conditions and provisions. 1ugr.\her \Vl\11 easements, If any, as set (orth therein, and any and all assignmenls thereof or interests !herein. Recording Da1e: July 25, 1985 Kccordino No. Book 672 al Page 899 A drn:urncnl ~xccutcd by lh(j parlies named herein, and olhers. wherein said parties pu,porl to agree lo pool ~II of lhoit fnHuosls under said lease wilh other leases affecting other !cincJ, which docltlnent cor'llaln!• C(Hlilin covenonfs. conditions and provisions. and any and all assignmenls !hereof er lnleresls lherei11. Oocuinont E11tiUcd; OeC.ii..~fatioo of Pooling and Pooling Agreenienl Recording Oule: NcJven\bor 10. 2008 Racording No: Reception No, 7587452 Rererence is hereby made to said document for full prirliculars. I I I I CHICAGO TITLE INSURANCE COMPANY Polley Number: 75·1528·206·1481633 OWNER'S POLICY SCHEDULE !l (Continued) Oftlce File Number: 1401633 A docwnent executed by Iha pa1Ues named herein, and olhecs1 wherein sakJ ptirlles purport to agree lo pool all of their lnteresls under said lease wilh other lea~es affecting o1hcr land. which tlocumeot contahls cerl~ln covenanls, conditions and provisions, and ony and all asslgnmenls thereof or inl0resl:; tlm1ei11. Oocun1e1JI Enlillod: Declat~lion or Pooling and Pooling Agreement Rnr.tmling Ootn: May 20, 2009 Rt<r.ordinn No: Recerlion No. 766490 Reference Is hereby nlade to said document for full particvlafs. The rresenl ownership of \he leasehold crealed by said lease and other matters ollecting lhe inl•resl of lhe tessee :Jre nol shov1n herefn. :?3, An oil and gas I.ease for the term thetein ptovided with certain covenants, condilions and provisions. tognlhcr wHh ~Cisements .. il any, as sel forth therein, and any and au assignman!s lhereof or inle(esls 1hcnein, Rec01'dh1g D.,lc: Oecc1nber6, 1085 Recordli>g No: Book 679 at Page 9~6 A dor.Hment execuled by lhe parties named herein, and others, \•.herein said parties purpori to aoree to pool ail of their mleres(s under said lease with other leases affecUng other land. which docun)ent conlains earl<'H') eovena1,ts, e:ondilion$ and provisfons, and any and ~11 ass:igninents lheteuf or interests lheteln. Oowmeol Entitled: Declamtion of Pooling and Pooling Agreemenl R~r.urdlog Dala: November 101 2DOO Rccor<Jing No: Rer.r.ntion No. 76»7452 Relurenr:e is hereby made 10 said document f0r full paniculars. A docun)en\ executed by lhe parlles nt\med hetein, and o\hers,.wherein said prulics purporl lo .agree to pool all of lheir mterests under said lease 11-ilh other leases oflecling olhe1 land, which document contains Certain coven3nts, cond!lions and ptovislons, and any and an assignments tf\efeof or inlerests therein. D1;co111~ol Eu!ilfed: Declaralloo of Pooling and Pooling Agree1nent Rm:ordlng Dem: May 26. 2009 Rct.:ort..llng No: Retx?plio11 No, 7GS490 Ro!efence Is hereby 1nade to said dooumen\ far full parlicvlars. The presenl ow11ersll1p of lhe ieasehold created by said /ease and olhCf maUers ~tffccli11y Ille inle1osl of !he lessee flra no! shown herelo. ~4. An oif ~111tl gas lease. for lhe term therein provided With certain covenants. conditions and provisions, logolher 11i1h aasen>enls, II any, as sel forih therein, and any and all a•slgnments lhcreor 01 lntor•sls H1ereh'I. Rocorrliog Dale: Fel)(uary 14, 1980 R~c;!'lr(fing No: Book GB3 al Page ao·1 ) CHICAGO TITLE INSURANCE COMPANY Polley Number: 75·1528·206·1481633 OWNER'S POLICY SCHEDULE B (Continued) Olttce File Nu111ber: 1481633 The presen1 ownership of lhe leasehold created by said loase and olher n1allers 0Hec1ing the interest of the lessee ore not shown herein. 26 An oil and gas lease for the term !herein provided v.iith cerlain novonanh:, c;ondrlions and provisions. togelher \·Yllh easements, if any, as set for1h therein, and any and all assignmenls lh1uBof or lnlercsts therein. Recording D•I•: September 18, 2006 Recording No: Book 1843 at Page 391 A doc:unlenl exer.uled by the parties named herein, and olhers, wher(;liu said p<trties purport lo agree to pool all of their interests under said lease \"r'ilh olher leases aftecllng olhet lr1nd. which documenl contains ceJ'laln covenllnls, conditions and provisions, and any and all assignn1en!s thereof or fnle-resls !herein, Document En!illed: Declaralion of Pooling and Pooling Agreen1cnl Recording Dale: November 10, 2008 Recorrllng No: Recepllon No. 7587452 H~fcreucc Is hcrsby made to said doc11men1 for full par1i<:ulars. A document exei::uled by the parties nanled herein, and others, wherein said parlles purport to agree lo pool all of their inleresls under said lease ~th olher leases affecting olher land. which document contains certoiri covcn<'lnts, condlllons and provisions, and any and all asslgn1nBnls !hereof llr intercsls lheroln. Docun1e11l Enlilled; Declaration or Pooling and Pooling Agreement Rm:ordino Date: Moy 26, 2009 R@.r:orrling No: RecepH011 No. 768490 Reference is: hereby mada lo said document ror full parhculars. The prosMt ownership or the feasehold created by said lease and other mailers affecting lhe Interest of lhe lcssr.e ant riot shown herein. (.6. E3semenls. lerms, condilions, provisions. agroerneots and ohligalions c<mlairted In tho tvtrimuranrtum of Righi or Way i\grecmcnl as sel forth below: Recordui!J Dale: April 25, 2007 Record;ng No.: Book 1918 al Page 428 27. Enseme1ll!i, terms, conditions. provisions, agree111011ls imd oblig~llons r.onl{lined in !lie Righi of Way Agreeme.nl a~ $el forth below: Recording Doto: Muy 14, 2007 Recording No.: Book 192G at Page 212 28. Ea!ie111ents, terms, cortdilions, provisions, agroAnlcnl::,: a11d obligalions cont~ined in the E.osement and Righi ol Woy i\g1ccmenl as sol forth below: Recording Dale: Janua1y B, 2009 Rer.ord1n9 No. Reception No. 761224 I i I ! I I CHICAGO TITLE INSURANCE COMPANY Polley Number: 75· 1528·205-1491533 OWNER'S POLICY SCHEDULE B (Continued) Office File Number: 1481633 38. l'cr1ns, co11dillons, provisions, agrcornon!s, obligallons, and ea:;~ments c:on!nincd in lhr~ Memoranclu111 of Easa1nent and Rtght·of~Way Agreement by and among Tosco Co1pon1llon. a wholly owned subsidincy of Conocophilllps Company and Puckell Land Company and .Willioms Producllon RMT Company LLC as set fonh below: Recording Dalo: May 26, 2011 Recording No.: Recepllon No. 803201 30. Covenants, r,ondlttons, restrlcllons and lien rlghls but omitllng nny covenanls or restrictions. If any, Including bul nol llmlled lo those based upon race. color, religion, sex, sexual orienlation, famllial stelus, marital slatus, disabifity, handicap, na1lonal origin, ancestry, or source ol Income. as sel forth In applicable stale 01 federal laws. excepl lo lhe extenl that said cavenanl or reslrictior1 is pern1ined by applicable law, as set forth in the deed from Conocophillips Co1npany, a Delaware corporalion, successor by name change to Phillips Petroleum Corporation, a Delaware corporation, successor by nierger to Tosca Corporation, a Nevada corporation to Pucketl land Company, a Colotado corporalion, sel rorlh as follo'NS: Recording Date: June 30, 2011 Recording No: Reception No, 004598 40. All water rights, all, gas and olher minerals teseNed Ill th~ mslrum~nl stH rurtll below, and 2ny and all asslgnn1enCs thereof or interests therein: Reserved by: Conocophill/ps Pettoloum Company. a Delawatc corpotl-llion, succes<;;or by name change lo Phillips Petroleum Corporation, a Delaware corpOrat1on, successor liy 1nc1ger lo Tosco Co1porallon, ~1 Nevada r.orporatlon In deed to Pucketl Land Company, a Colorado corporatton Recording Date: June 30, 2011 Recording No.: Reception No. 804598. 41 Any policy of title insurance Issued ondet lhis application wi/l nol i1,sur<~ a legal righl of ;:ir.cess lo and fron1 said Land. END OF SCHEDUL!; B CHICAGO TITLE INSURANCE COMPANY Issued at: DENVER, COLORADO l\l 1 A Ownr.1':. Pdor.v-?000 (13117106) ~r: Fie '· R f lh• iecl i, SC A LE VICINITY MAP 0 0 0 N 0 PROPOSED LOCATION m. ~_U_il_1_ta_h_E_'_'g_1-·11_•_e_1_·i_n_g_c_!il_L_a_n_d_S_u_r_v_e_y_iI_1g--_, 85 Sottt'h 200 Enst ''"ern.al. l.Jtah 84078 (435) 789-1017 *FAX (435) 789-1813 N PETROLEUJ\1 DEVELOPJVIENT CORP. LAND FARM SECTION 25, T6S, R95W, 6th P.M. SW 1/4 SW 1/4 ACCESSROAD l03116112 IJ l\"LAf> MONTH( DAY · 1 YEAR :._ SCALE: 1:100.000 I DRAWN Bl': A.T. !REVISED: 00-00-00 , · e 're " LEGEND: EXISTING ROAD -----------PROPOSED ACCESS ROAD ~"'~~;:;r4wr,;lj EXISTING2-TRACK ETISTING FENCE Uintah Engineering & Laud Surveying 85 So'ltTh 200 East "\.7er1u1l, Utah 8_...078 (..i35) 789-1017 ... FAX (435) 789-181.3 N EXISTING OVER HEAD POWER LINE EXISTING -- ... ' . BURIED PIPELINE EXISTING 2·TRACK NEEDS UP-GRADED ' . PETROLEUl\1 DEVELOPlVIENT CORP. LAND FARM SECTION 25, T6S, R95W, 6th P.M. SW 1/4SW1/4 \ ACCESSROAD 03 16 12 m J\L\P MONlll DAY YEAR t SCALE: !"= 2000' DRAWN BY:A.T. REVISED: 00-00-00 , · , PETROLEUM DEVELOPMENT CORP. METES & BOUNDS DESCRIPTION OF LAND FARM LOCATED IN SECTION 25, T6S, R95W, 6th P.M. GARFIELD COUNTY, COLORADO BEGINNING AT THE SOUTHWEST CORNER OF SECTION 25, T6S, R95W, U.S.B.&M., THENCE N00°55'06"W 489.40' ALONG THE WEST SECTION LINE OF SAID SECTION 25 TO THE TRUE POINT OF BEGINNING, THENCE N00°55'06"W 834.01' ALONG THE SAID WEST LINE, THENCE N89°19'53"E 986.57'; THENCE S49°12'41"W1289.12' TO THE POINT OF BEGINNING. BASIS OF BEARING IS A GPS OBSERVATION. CONTAINS 9.509 ACRES MORE OR LESS. PETROLEUM DEVELOPMENT CORP. LAND FARM SECTION 25, T6S, R95W, 6th P.M. PROCEED IN A NORTHEASTERLY DIRECTION FROM PARACHUTE, COLORADO ALONG I-70 FRONTAGE ROAD APPROXIMATELY 3.9 MILES TO THE JUNCTION OF TillS ROAD AND AN EXISTING ROAD TO THE NORTHEAST; TURN RIGHT AND PROCEED IN A NORTHEASTERLY DIRECTION APPROXIMATELY 2.0 MILES TO THE BEGINNING OF THE PROPOSED ACCESS ROAD TO THE NORTHEAST; TURN RIGHT AND CONTINUE ALONG THE EXISTING 2 TRACK TO BE UPGRADED APPROXIMATELY 1, 794' TO THE PROPOSED LOCATION. TOTAL DISTANCE FROM PARACHUTE, COLORADO TO THE PROPOSED WELL LOCATION IS APPROXIMATELY 6.2 MILES. May 2, 2013 Mr. Chuck Whiteman Puckett Land Company P.O. Box 957, 285 81h Street Meeker, Colorado 81641 RE: Puckett Exemption on DOW Property Physical Assessment of Access to Property Dear Chuck, t:~SGM '\J www.sgm·inc.con1 The purpose of this letter Is to address the existing and proposed access to the exemption parcel for the DOW property located north of 1-70 and just west of the Rulison exit on 1-70. As you are aware, access to the property Is gained via the 1-70 Frontage Road commencing at the Parachute 1-70 exit and proceeding east to a point just north of the 1-70 flyover located approximately 3.5 miles east. From the 1-70 Frontage road, the access starts through the Exxon/Mobil Property.with a privately maintained graveled roadway of 16 foot width, 2 foot shoulders and generally 4 foot ditch width. The following picture depicts the start of the roadway leaving the 1-70 Frontage Road. Photo 1-Start of Private Road to Exemption Parcel GLENWOOD SPRINGS 118 Wes I Sixlh Si, Suite 200 I Glenwood Springs, CO 8160 I I 970. 945. 1004 6SGM www.sgm·inc.con1 Given the described cross section, the roadway construction Is commensurate with the "Semi Primitive" roadway standard noted In Table 7-308: Roadway Standards of the Gartield County Unified land Use Resolution (GCULUR) of 2008, as amended. This roadway standard supports a design capacity of 21-100 vehicle trips per day and Is a two lane graveled roadway with 8 foot lanes and gravel surtaclng. Given the fact that the roadway serves oil and gas facilities (an estimate of 2S well pads) and the proposed project, from an Average Dally Traffic (ADT) perspective the roadway Is sufficient. We estimate the existing traffic ADT from the 2S well pads as being 2 trips per day per pad which equates to SO vehicle trips. The proposed uses on the exemption parcel will generate an estimated annual traffic count of 300 trips for the soil treatment facility. This 300 trips per annum equates to roughly 1 truck trip per day. Likewise, we would further estimate an additional 4 trips per day for the employee(s) at the soil treatment facility. Thus the total anticipate ADT for the existing traffic plus the proposed traffic would be SS trips per day. At this level, the "Semi Primitive" standard In the GCULUR Is appropriate. From the start of the private road on Exxon Mobile property, the access proceeds eastward approximately 0.34 miles to the Puckett land Company property line. From this point, the Semi Primitive standard for the road access remains consistent for the subsequent 1.66 miles. The roadway exists with a variety of drainage culverts placed at strategic locations to convey runoff across the road from north to south. The following Photo 2 Is typical of this section of roadway. Photo 2-Semi Primitive Access In Puckett Propery GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 I 970. 945. 1004 www.sgm·inc.con1 At 2.0 miles from the 1·70 Frontage Road, the Semi Primitive standard ends and the existing road becomes a "two track" roadway associated with the access adjacent to a gas line. No drainage facilities exist In this subsequent two track road. The approximate distance for this two track road is 1,754 feet from the end of the Semi Primitive standard. The following Photo 4 depicts the start of the two track and Photo S Is a picture of the typical two track road and condition. Photo 4-Start of Two Track Road -~:.:: ·:·.'.:!::_ •. -. ~ril'''. Photo 5 -Typical of Two Track Road GLENWOOD SPRINGS 11 8 West Sixth St, Suite 200 I Glenwood Springs, CO 8160 l I 970. 945. l 004 E5SGM www.sgm·inc.com The fol/owing Exhibit #1 reflects the locations of the two segments of road access to the exemption parcel. Shown Is Segment #1 being the roadway that currently exists as graveled Semi Primitive access and Segment #2 being the roadway that exists as a Two Track. ~ .~rr.·- "') . Exhibit #1-Access to Exemption Parcel Other physical criteria exist In Table 7-308 of the GCULUR that need to be met to meet the standards of the GCULUR. These criteria are 3% cross slopes for gravel surfacing, 5% shoulder slopes, minimum curve radii of 50' and a maximum longitudinal slope of the roadway being 10%. It Is Important to note that the existing Road Segment #1 does generally meet these criteria. Recommended Proposed Improvements It is noted that the physical criteria for the Segment #1 roadway standard "generally" has been met. We have noted that as the roadway standard of segment #1 ls currently a Semi Primitive, It also will need some regular maintenance to maintain that standard from a "cross slope" perspective. As this Is a gravel roadway and our site visit to observe the condition of the road was performed subsequent to both spring thaw and a rain storm, potholing and rutting of the gravel surfacing were observed and grading of the road will be an on-going requirement. We anticipate that since this segment of the road provides access to approximately 25 well pads, the operators of the well pads will be conducting their standard maintenance program for the spring thus addressing this Issue. GLENWOOD SPRINGS 118 Wesl Sixth St, Suile 200 I Glenwood Springs, CO 81601 I 970. 945. 1004 6SGM www.sgm·inc.com For Segment #2, we recommend that the two track road be upgraded to meet the requirements of a Semi Primitive standard as outlined in the GCULUR. The following sketch describes the recommended section: ..i" ,\!Ji1. C!oss (;' .Sect/on of Sen7/ Primitive Roac! Stondorcl Note that the current maximum longitudinal slope measured for the existing two track road (excluding the major drainage crossing) is less than 4%. As long as the slope remains at or near this slope (and definitely under 10%) the roadway slope will be In conformance with the GCULUR standards. The following Exhibit #2 depicts our recommended area of improvement for the two track road. Exhibit #2· Proposed Improvements to Two Track GLENWOOD SPRINGS 118 West Sixth SI, Sui le 200 I Glenwood Springs, CO 81601 I 970. 945. I 004 6SGM ww w. s gm· inc.co ni Using the SCS TR 55 Method of runoff estimation, the major drainage crossing has been estimated to produce the following peak flows during the Identified events: 2 Year Storm 2.30 cfs 5 Year Storm 9.54 cfs 10 Year Storm 20.71 cfs 25 Year Storm 51.45 cfs 50 Year Storm 69.68 cfs 100 Year Storm 89.65 els In order to accommodate a 25 Year Storm flow, a 36" diameter culvert, under Inlet control will carry 59 cfs with a HW/D ratio of 2.0. In essence, the total depth from the flow line of the culvert to the top of the roadway would be 3' x 2.0 = 6 feet. This type of installation certainly appears to be achievable under the given observed depth of current crossing. As well, Section 7-308 of the GCULUR requires that water flowing In roadside ditches shall be diverted away from the road as quickly as possible. In no case, shall water travel In a roadside ditch for a distance greater than 800 feet. Given this criteria and the fact that the upgrade to the Two Track road Is in excess of 800 feet, we would recommend an addition al 15" diameter culvert be placed midway between the major drainage crossing and the end of the two track access to the exemption parcel. The fol/owing figure depicts our recommendations for the culvert placements. " . .. .. 'Proposed Road:;:.·.:-:-·.~f;~.;'.i.:'l•\1~· i~~i~=~~#~~~~" Exhibit fl3 -Isometric View of Drainage and Suggested Culvert Placement GLENWOOD SPRINGS 118 West Sixth St, Suite 200 I Glenwood Springs, CO 81601 I 970. 945. 1004 SGM www.sgm·inc.com Conclusion With this letter and execution of the recommendations Identified herein for the existing Primitive Road segment maintenance and the Two Track upgrade to the County's primitive road section, we would note that It would be our opinion that the access to the exemption parcel would be In compliance with Section 7-308 of the Garfield County Unified Land Use Resolution of 2008, as amended. We have suggested drainage Improvements, Including culvert placement, which do have alternatives available that can be further explored If you desire. Such alternatives as multi-barrel culvert placement can be easily evaluated as the single, larger barreled crossing Identified. Upon your receipt and review, If you have any questions, please don't hesitate to contact me. GLENWOOD SPRINGS 118 West Sixth Si, Suite 200 I Glenwood Springs, CO 81601 f 970. 945. 1004 http://W\'N1.dot.state.co.1.1s/app_DTD_OalaAccess{Tralfk/lnde:ic.cf ... 01.1te=005M&FIPSCoonty=04S&men1.1Type=T1afflc&!eftMenu,.Traffidnfo Annual Average Daily Traffic (AADT) Volumes for Highway 006M !!!_ Prlntable Report . ; :·, ·-.. ·: -.: .:;,:.:: . . •· Design ; r::~r::rw .. 1~2i . · Annual : . ·.·• ·· . AADT : AADT Hour Dally Length Average AADT Sin 'le Comb Percent Volume · .. ·Vehicle : · • Dally · Year · g ·· · · ·. Pt . (Miies) Trucks Trucks __ ,·-: -: ··. '•;· ' Traffic : • T11lcks: •'•' ... -.-. . ··:_·_ : 006M r 74.875 9.398 980 2008 100 60 16.70 ~FF~~rw6/16°19°1 9.80 I ~175.042 ~~~rw6117°11°°1 9.401 ~rm-~~~rw6136°11°°1 10.60 I For commen1s or quest,ons about this site, please send e-mail to. OTO NI Righls Reserve<!.<:> COOT 2003 [fA.i@ http://W\\W.dot.slate.eo.us/app_om _DalaAccess{Traf ... PSCounty=04 5&menuType• Traffic&leltMenu= Trafficlnfo (8/26/2009 11: 2 5:3 8 AM) (%cir Miles Traveled AADT). 12 9,210 101 476 101 476 10 I 90, 142 ': • .. - Segment . Description . --:'; ::.:,: .. ; ... --.. •. ·,·· .. · ... · ......... MAJOR STR (G·04· AH)· JCT 1-70 OVERPASS SEPARATION (PRE LRS STARTING POINT) RD NW (WATSON AVE) RD NW AND SE (PARACHUTE AVE) RD NW AND SE (RAILROAD AVE) COLORADO DEPARTMENT OF TRANSPORTATION 1ssuing authority applicalion STATE HIGHWAY ACCESS PERMIT APPLICATION accep!ance date: tns1ructions: • Contact the Colorado Depa1tmenlof Transportation (COOT) or your local government to determ!neyourlssuing authority, • Contact the Issuing autllorl1y lo determine what plans and other documen1s are required lo be subrnittedwilh your application. Please print • Complele this form (some questions may not apply lo you) and at!ach all necessary documen1s and Submit ii lo lhe Issuing authority, • Submit an <1ppllcation /or each access a/lected. or type • II you have any quesUons conlacl the Issuing aulhority. • For addilionaf Information see CDOT'sAccess Management website a! hll~'.l/www.dof.slate.eo.us/AccessPermllsflndex.htm 1) Propel\yowner (Permil\ee) 2) Applfcant or Agent lot permillee {ii dJ!lerenl from property ownt:n) Terry Tracy Christopher M. Rolling, PE, PTOE Street address Mailing address 120 North Railroad Ave, Suite D 2111 So\lth 67th Street C!ly1 slale & zip I Phone# City, state & iip I Phone II (1equlred) Parachute, co 81635 Omaha., NE 68106 402-341-1116 E·mailaddress E·mail address JI available jttracyGspringsips.com crolling@olssonassociates.com 3) Address or property lo be seived by permil (required) A portion of the SW/ 4 of Section 25, Township 6 South, Range 95 West 4) Legal description of propa,ty: II wilh!njurisdiclional limils or Municipalily, city ond/or County, which one? coai1y I s~~Ms:cn 1'~ 1 ·~-j sec1ro11 1 1G;ship I rango Garfield 25 9511 5) Whal Slate Highway are you requesting access rrom? 6) \A/hat side or the oway? ow Highway GM ON s 00 E 7) Howi:nany feel is the proposed access from the neares\mile posl? I How many leet is the proposed access from lhe nearest crossslreel? 910 _leetONnS(i'.jEnW)lrom: MP 79_ _ 3_.3 miles leetON OsOE!i'lWJlrom: County Road 323 8) Whal Is the approximale dale you Intend lo begin conslruction? 9/1/2013 9) Check here !I you are requesting a: Oimprovemenl lo existing access D new access 01empora1y access (duralion anUdpated: ) [IDchange in access use oremoval of access oe!ocalfon ol an exis!lng access (provide detail) 10) Provide exisUng prope1ly use Vacant 11) Do you have knowledge or any State Highway accesspeunils serving !his ptopefly, oradjacenl properlies inwtiich you have a property inleresl? 0no Oyes, ii yes· what are !he pe1mlt number(s) and provide copies: and/of, perm ii date: 12) Does Iha property owner own or have any interests rn any adjacent properly? c:Jno Dyes, If yes· please describe: 13) Are there o!her existing or dedicaled public streets, roads, highways or access easements bordering or within the properly? [!]no Dyes, II yes· lisl them on your plans and indicate the proposed and exlsling access polnis. 14) If.you are requesting agricultural lle!d access· how many acres will !he access serve? -- 15) If you are requesting commercial or industrial access please indicale the types and number ol businesses and provide lhe tJoor area squate footage of each. business/land use square foo1a9e business square lootage Piceance Soil Treatment Facility In/a Oil Shale Co. Oil i Gas Facilities In/a E:xxon-1.jobil Oil & Gas Facilities I n/a I 16) If you are requesting residential developementaccess, what Is the lype (slngle family, apartmenl, lownhouse) and number of units? 1ype number ol units lype number of unils I I I I 17) Provide lhe fol!owing vehicle count estlmales /or vehicles lhal wil! use lhe access. Leaving the properly then returning ls t-.vo counts. Indicate ii your counts are ( of panen~er ca1i 31".(l Fgilt lru.:l<i i! pH\; hour \1)!umu : ol iru'U v.i:t trvclu al t-tak hour vo'u'l'les ";]peak hour volumes or Oaverage dally volumes. 2 0 t cl s;nq:ll 1mi1 veriit!H it1 o-~tcn o! ao 11. II ol 1All\I \'ehidn (fi~'d cqu!pmt:'nl) Total count of all vehlcles 2 0 4 Previous edlllons are obsolelt and may not be used Page 1ot2 COOT form :t137 01110 ~8) Check. wilh the issuing aulhorily lo delerroine which of the following documenls are required to complete the review ol your appllca1icn. a) Properly map indicating olhcr access, bordering roads and slreels. e) Subdivision, zoning, or development plan. b) Highway and d1iveway pli'.ln p1olilc. I) Proposed accoss design. c) Drainage p!an showing impacl to the highway righl·of·way. g) Pa1celandownership maps including easell'len\s. o') Map and letters delaUing u1m1y loca1loos before and aner h} Tralt!c sfudies. development in and along the right·Of·way. I) Proof of ownership. 1-It Is the applicant's responsibility lo contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may Include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ecological, archeological, historical or cullural resource clearances. The COOT Environmental Clearances Information Summary presents contact Information for agencies administerfng certain clearances, Information about prohibfled discharges, and may be obtained from Regional COOT Utilily/Specfal Use Permit offices or accessed via the COOT Planning/Construction-Environmental-Guidance webpage http://www.dol.sfafe.co.us/environmental/Forms.asp. 2· All workers within !he Stale Highway right of way shall comply with !heir employer's safely and health policies/ procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations • including, but not limited to the applicable sections of 29 CFR Part 191 O • Occupational Safety and Health Standards and 29 CFR Part 1926 • Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the Stale Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: High visibility apparel as specified In the Traffic Control provisions ol lhe documentation accompanying the Notice to Proceed related to this permit (al a minimum, ANSl/ISEA 107·t999, class 2); head protection that complies with the ANSI Z89.1·1997 standard; and al all construction sites or whenever there Is danger of Injury lo feet, workers shall comply with OSHA's PPE requirements for fool protection per 29 CFR 1910. t 36, 1926.95, and t 926.96. If required, such footwear shall meet the requirements of ANSI Z4 t -1999. Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply. 3· The Permlttee Is responsible for complying with the Revised Guidelines that have been adopted by the Access Board under the American Disabililfes Act (ADA). These guidelines define traversable slope requirements and prescribe the use of a defined pattern of truncated domes as detectable warnings al street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: <hllp://www.dot.sfate.co.us/DeslgnSupport/>, then click on Design Bulletins. If an access permit is issued lo you, ii will slate the terms and conditions for its use. Any changes in the use of the permilled access not consistent with the terms and conditions listed on Iha permit may be considered a violation of the permit. The applicant declares under penally of r,er)ury In the second degree, and any other applicable stale or federal laws, that all Information provided on th s form and submitted attachments are to the best of their knowledge true and complete. I understand receipt of an access permll does not conslltufe permlssfon lo sfart access construction work. Applicant or Agent for Permlltee signalure Prinlname Date ~~~~Lo2-<A Christopher M. Rolling 5/10/2013 If the applicant is not the owner of \IIB{iroperty, we require this application also lo be signed bh the properly owner or their legally authorized representative (or other acceptable written evidence). This signatures all constitute agreement with this application by al owners-of-interest unless slated In writing. If a permit is Issued, the property owner, In most cases, wfll be listed as the permillee. Property owner signature Prin\name Dale Previous editions are obsolete and may not be used Pago 2 ol 2 COOT Form #137 01'10 OLSSON@ ASSOCIATES Mr. Dan Roussin Region 3 Permit Unit Manager State of Colorado, Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction, CO 81501 RE: Level 2 Assessment: PDC Soil Treatment Facility Comment Responses Dear Mr. Roussin: \ \ \ \ \ May7, 2013 Based on the comments received on April 15, 2013, we have submitted an updated version of the Level 2 Assessment. Additionally, we have the following responses to your comments and the verbal previously received from Kent Harbert. 1. The access permit for this project can be written to cover two phases; the construction phase with as allowance for the temporary higher volumes and the operation phase. The reclamation phase does not need to be included. A permit for that phase may be obtained later. The revised assessment explicitly states that scope is limited to the Construction and Operation phases and that an additional permit application wlll be needed for the Reclamation phases. 2. Please identify the design hour volumes on the access for both permits, in passenger car equivalents. The permit volume will include the background volume. Design hourly traffic volumes are now shown in Table 2 of the document. 3. The study states that peak hour turning movement counts were performed. Include the volume count tally sheets or summary table in an appendix. Jn the process of locating the peak hour count data, it was discovered that the counts provided were performed Jn a single two-hour period and the peak hour was then estimated to be a portion of that peak hour period. Recognizing the need to precisely determine the peak /1our, we had the counts redone accounting for fifteen minute intervals. This data, explicitly showing the peak of each count period, was used to perform the assessment and is now Included as an appendix to the document. 4. In the Background Traffic section distinguish between traffic on the highway and traffic on the access. This discussion now cites existing and future DHV and ADT for both the highway and the access. 2111 South 67\h Street, Suite 200 Omaha, NE 68106 TEL 402.341.1116 FAX 402.341.5895 www.olssonassociates.com 5. Trip Generation: The trips per day in Table 1 come from the data In Appendix C. The totals in Appendix C are labeled "Total Trips (One Way)" in all the tables. For access permitting a vehicle entering is counted as one trip and that same vehicle leaving is counted as a second trip. It appears that the numbers In Table 1 need to be doubled. In the tables provided in Appendix C, a single row of the table is meant to represent a single trip of a heavy truck. The first appearance of the truck is ii entering full and the second appearance ls l/1e same truck leaving empty. This is shown to distinguish between the gross vehicle weights. Regardless, total trips are determined by a single heavy truck vehicle being accounted for in two rows within the spreadsheet. Note that vehicles such as a pickup, wherein the weight does not change, are shown to have two trips per vehicle to account for It entering and exiting. 6. The intersection will need to be reconfigured so the access meets the highway at as close to a right angle as practical -SHAG 4.9(4). If it is not practical, a design waiver will need to be applied for. The design waiver request will need a technical justification of why the intersection cannot be Improved. The current assessment calls out the need to reconfigure the access or acquire a design waiver if this is determined to be technically infeasible. 7. Since this access and the one to the west are existing, albeit without permits, a design waiver is not required for the below standard spacing. Noted. The revised assessment reflects this comment. 8. Provide additional detail regarding the distribution of site traffic. Additional information regarding the trip distribution was Included in this assessment. It relates the expected distribution to the operations of the treatment facll/ty, specifically the haul route. Additionally, the original document made reference to the potential for a future change of ownership of Highway 6M. Upon further research, it was discovered that the likelihood of this Is highly uncertain at this time. As such, reference to the change has been removed from the current version of this document and recommendations have been updated accordingly. Thank you for your timely review. Please feel free to call or email with any questions. I can be reached at 402-938-2450 or crolling@olssonassociates.com. F:\Pro)ects\011·2627\_ TRFC\Site A\doc\LETTERHEAD_Omaha .doc LEVEL TWO ASSESSMENT PETROLEUM DEVELOPMENT CORPORATION PICEANCE SOIL TREATMENT FACILITY GARFIELD COUNTY, COLORADO ,,-~,:~ r~ ((,",)1<0 ~\ 0 LSSO N ASSOCIATES OA Project No. 011-2627 May 2013 1' B26 21 ll Road I Grand J~n~-;l~-~:~~1so~/;10.263:7800ifaX910:1!63,W;B ______ / / INTRODUCTION & OBJECTIVE This document summarizes findings of a Level Two Assessment performed for a proposed soil treatment facility localed adjacent to Highway 6M in Garfeld County. The site is approximately six miles northeast of Parachute, CO and is located in the southwest quarter of Section 25, Township 6 South, Range 95 West. The site will be accessed from an existing drive on Highway 6M located approximately 900 feet east of milepost 79. A vicinity map, Figure 1, is Included In Appendix A. While this access Is currently In use, an access permit has not been granted by the Colorado Department of Transportation (CDOT). The Colorado State Highway Access Code (SHAC) states that an access permit shall be acquired for any new or modified access or when there Is a change in use of a permitted access. While this applicant is simply increasing traffic volume potentially changing the use of the access, because this access was never permitted, the assessment was performed as if this were a new access location. The proposed additional use of this site is a soil treatment facility. Through the life of the project, trips will primarily be regular delivery of spoiled material for processing as well as regular inspections of the site operations. Activity at the soil treatment facility will consist of three phases over approximately 20 years. These phases Include Facility Construction ( 14 days), Operation (20 years), and Reclamation (14 days). This assessment will discuss traffic volume increase for the Construction and Operation phases. A separate application will be made for the Reclamation phase when needed. EXISTING NETWORK This land farm facility will be accessed from Highway 6M. According to the CDOT SHAC, this road is classified as a Rural Highway (R-A). Highway 6M Is a two-lane asphalt roadway with 12- foot driving lanes and approximately two-foot surfaced and four-foot gravel/dirt shoulders. The road has a posted speed limit of 50 mph. In the vicinity of the site, this highway also serves as a frontage road to Interstate 70. Access to Interstate 70 is approximately 3.5 miles either west or east at the East Parachute or Rulison interchanges. EXISTING PARCELS Current land uses for parcels along the gravel access road are primarily development related to natural gas production. The majority of existing traffic is related to natural gas development activities. Direct site access off the gravel access road will be demonstrated via review and approval of a subdivision exemption application, which is being submitted as a separate application. No additional access to state highways or railroad crossings will be required. BACKGROUND TRAFFIC Peak hour turning movement counts were performed at the site entrance along Highway 6M on Tuesday, April 23, 2013. The counts were taken during the AM peak hour (7:00am -9:00 am) and PM peak hour (4:00 pm -6:00 pm). Data collection included counts for passenger cars, single-unit vehicles, and multi-unit vehicles. Peak hour counts were converted to passenger car equivalents (PCE) as prescribed by the SHAC. Existing peak hour count data Is Included in Appendix B. Traffic data is available for state facilities on the COOT Online Traffic Information Systems (OTIS). The closest count station is at milepost 75.212, near the intersection of County Road 215 at the edge Parachute, CO. This data was used to find current and horizon year ADTs from existing traffic counts. At this location, the DHV Is approximately 12% and the 20-year growth factor Is 1.84. Growth factors and design hourly volume (DHV) percentages at this location were assumed to be similar for the section of Highway 6M near the site. The SHAC considers the DHV and peak hour volume to be synonymous. Existing counts indicate the AM peak hour is the daily peak hour. As such, the existing AM peak hour Is assumed to be equal to the design hourly volume (DHV). Therefore, the DHV of the highway was considered to be 72 vph and thus the projected ADT of the highway was estimated to be approximately 600 vpd, assuming the DHV is 12% of the ADT. Applying the growth factor yielded a 2033 ADT of approximately 1100 vpd. The 2033 horizon year corresponds with end of the site life cycle. Similarly the DHV and ADT of the gravel access was shown to be 39 vph and 350 vpd, respectively. Applying the 20-year growth factor yields future volumes of 72 vph and 650 vpd. This assumes similar daily traffic distributions and growth on the access as on the adjacent highway. Existing and future traffic data for Highway 6M at reference point 75.212 from the COOT OTIS is included in Appendix C. TRIP GENERATION & DISTRIBUTION Trip generation is generally determined using rates found in the ITE Trip Generation manual. Rates from this publication are applied to values related to the size of the proposed site to estimate the trips expected to enter and exit the site. In this case, no rates for similar facilities are available. To estimate trips expected for this site, information was gathered regarding the expected traffic based on previous projects similar to this one. Table 1 summarizes the expected average and maximum trips for each phase discussed previously. Table 1: Trip Generation -Soll Treatment Facility Daily AM Peak Hour Construction 16 30 6 33% 10 70% 30% Operation 18 30 3 90% 8 50% 50% PM Peak Hour DHV Dliectlohal ;+:Xiii s :::rY "' ~ W€~1rn 7 3 4 4 Construction 6 33% 10 30% 70% 3 7 Operation 3 90% 8 50% 50% 4 4 PCE: Passenger Car Equivalent For the Construction phase, it Is assumed that all pickups enter during the AM peak and exit during the PM peak to coincide with workers arriving and leaving, respectively. Additionally, 22- wheel low-boy and 18-wheel belly-dump trucks will arrive and leave throughout the course of the day to deliver equipment and materials. For the Operation phase, there are not expected to be full time staff, so trips from pickups will be only for oversight and are assumed to be constant throughout the day. It is also assumed that entering and exiting dump trucks delivering soil will be constant throughout the work day. Once a week during the Operations phase, a low-boy and water truck will visit the site to deliver equipment and water. Detailed tables showing daily trips for each phase are shown in Appendix D. Site trip distribution Is based primarily on the operational characteristics of the site. That is, traffic to the site will be trucks ferrying soil to and from drilling sites north of Parachute. Therefore, It is expected that traffic will primarily be entering and exiting from the west. Furthermore, it is expected that regional trips coming from 1-70 would be approaching the site from the Parachute interchange which is located along this haul route and that few trips, if any, will exit to the east and use the Rulison Interchange. Peak hour traffic volumes are shown In Figure 2 included in Appendix A. Using background traffic volumes and expected site trips, average daily traffic volumes and design hourly traffic volumes, including the expected increase, are shown in Table 2. Table 2: Traffic Volume Increase Calculations -Soll Treatment Facility -· -··· baiiY"' -· . -· ... -_•,-_ .. · __ ._:_·_•--_-·.'.'_ .. o.· ___ ·_-_H ..• ·_··_v_.-._.·_· __ .~_.• __ ,_,_·•.·_•.·.t_ .. '.-•-_·_·,_·,.:_--. ·.c,-E·l~~ ·r";,c;-.. . .. ~~Z··-·, ·a··_-a·_-·c·_·_k-·g·-·r·_-o·_·u··n·d·· __ --_•.-.'_._··_.· __ ,_--_·. A._. __ v.·_e __ .ra_ ge_•_·_:_-_,_-_._·'.•_:'_.· ' •.• _......... •• " -_.,':_._·:_o_. ___ H ____ .v_.,,_-•. _· .. _._,_,._··.--,. , ·-·-··-······-·····--·.- .. " /::;·6~I'\}t~ ~:.e~iri,,~~~:;r 1~9£i~.~~: ~·, y. f~l~~t '•JQ£~~~.~e;:;: 2013 Hwy6M 600 18 3.0% 72 8 11.1% Access 350 18 5.1% 39 8 20.5% Hwy6M 1100 18 1.3% 132 8 6.1% 2033 Access 650 18 2.7% 72 8 11.1% AUXILIARY LANE ANALYSIS As defined by the Colorado State Access Code, Highway 6M is classified as a Rural Highway (R-A). With this classification, auxiliary lanes are required for peak hour volume left turns greater than 10 vph and right turns greater than 25 vph. The SHAC code states that a left-turn deceleration lane may be waived if the opposing design hourly volume Is below 100 vph. It should be noted that this access, although currently under use, has not been granted an access permit by CDOT. As such, it Is unlikely that this access has previously been considered for auxiliary lanes. Existing traffic counts show the peak hour southbound left-turn movement at the site access is 25 vph (PCE). Peak hour site trips to be added to this movement for the Construction phase is 7 vph (PCE), resulting in a volume of 32 vph (PCE). However, in both conditions, the opposing through volume is expected to be less than 20 vph (PCE). For the majority of the life of this facility, it is expected the daily traffic will be of a continuous nature and evenly distributed throughout the day. The peak hour trips are expected to be approximately 4 vph (PCE) entering and 4 vph (PCE) exiting. Assuming turning trips will follow a similar growth pattern as other background growth, southbound peak hour left-turns are expected to be 46 vph (PCE) in the horizon year, corresponding to the end of operations. With the increase In background volumes, it Is expected that southbound left turning volumes will be 50 vph. In the horizon year, the opposing through volume is expected to be approximately 35 vph. While the southbound left-turn volumes meet auxiliary lane requirements, the opposing through volumes are sufficiently low so as not to require an auxiliary lane. The need for a westbound acceleration lane at the site access was considered as part of this study. Based on the SHAC, an acceleration lane is required if peak hour right-turning movements are greater than 25 vph. In the AM peak hour, westbound right-turns In the horizon year are expected to be 22 vph (PCE). Therefore, it is not expected that an acceleration lane will be required at this access. ACCESS SPACING The SHAC code requires the minimum spacing of access points along the highway is equal to design sight distance of the highway. Per Table 4-1 of the SHAC, the design sight distance of a roadway with a posted speed of 50 mph is 475 feet. There are no access points south of the access under examination. However, there Is what appears to be a residential access to the north, approximately 250 feet away. Because both are existing accesses, a design waiver is not required for access spacing. SIGHT DISTANCE ANALYSIS At the intersection of Highway 6M & Site Access, entering site distance for westbound movements at the site access is at least 850 feet looking both north and south along Highway 6M. Likewise, entering site distance for southbound left turning movements on Highway 6M Is at least 850 feet looking south. For Highway 6M, with posted speed limit of 50 mph, a minimum of 500 feet, 650 feet, and 850 feet for passenger cars, single unit trucks, and combination trucks, respectively, is required. The SHAC states that for a site such as this, entering site distance needs to be provided for multi-unit trucks. Due to the angle the existing access meets Highway 6M, westbound traffic must look over their shoulder to see oncoming traffic from the south. Ideally, intersection legs would meet at go• angles to minimize the angle a driver must turn to see oncoming traffic. The current angle of the site access to Highway 6M is 45'. According to the SHAG Section 4,g(4), an angle between 60 degrees and go degrees Is considered acceptable. With Interstate 70 to the south and a large embankment to the north, realignment of the site access would be difficult. However, it would be necessary to perform the realignment to conform to the SHAC. If this improvement Is determined to be technically Infeasible, then a waiver would need to be submitted to and approved by CDOT. Photos of the intersection of Highway 6M & Site Access can be found In Appendix E. CONCLUSIONS & RECOMMENDATIONS As previously stated, an access permit has not been granted through CDOT for the existing highway access. As such, ii Is necessary to examine the access for compliance with the SHAG with the intent of securing a permit. Based on the results of the auxiliary lane analysis, a southbound left-turn deceleration lane Is not necessarily required at this access. Note that there is adequate entering sight distance at the access and stopping sight distance approaching the access. A westbound right-turn acceleration lane is not required for the site access. Per requirements outlined in Chapter 4 of the SHAG, there Is adequate sight distance for multi- unit trucks at the access. However, access spacing with another existing drive to the north does not meet SHAC requirements. Because these are both existing access points, a design waiver would not be needed. The SHAC requires Intersection legs to meet at go• angles and at a minimum a 60' angle. The current access meets Highway 6M at 45°. While realignment or this site access would present challenges, this would need to be performed or a design waiver would need to be completed and approved. APPENDIX A Figures ------.------·-·-·---·· .... -----------.--... -....... --···· ·---· ------------. ... ----........ __ .... ----·- LEGEND " ·Study Intersection CR300 PDC Soil Treatment Facility Garfield Covnty, CO ------··--·----·--·"---.-------···-·-------··-----------·-· - NTS Vicinity Map FIGURE 1 LEGEND -County Road/Slate Highway • Interstate Highway -Structure '-AM (PM) ~Movement Peak Hour Volume [ X.XX J ~Approximate Intersection Spacing j ~ c State Highway 6124 j ASSOCIATES Peak Hol1r Volumes .. -······· ... . .. ... · __ .......... . ··. .... -·· :' ~.~ ~.0-,• '\-'" ' ~ .......... ,_ (!~ / r,t(J-<s /( / r{'J"' ./("' : "·,~ \ . i ·~·'-._,;~~-.----: ; " !; ""' ,\ j '· ~"' !\ '"". \ Short Term 'r/}'/ \ Short Term 'r:J'i \ Background ~-\ Total ~: "·.. ' -.... .. ·· "· ··--·· ·-....... . ......... -·· ·········· .......... ... •• -··· -°" "··-. __ ....... ~ :' .... 1:1":.c:)\ ··.... ~~ . ...... ~ ~ (. /• . ,. . .. ·· -.. · .. ·. /r,.>9'¢•• .v( /t<f_'?lso .v( ·,·,· 6'6' ,~ ' ~6) ~ " \ ! : ~""' ~--\-) ~-:: ~ \. Long Term ,.>/I/I ' ' L T _,•rq, j ''.J<./ \ ........ ong erm r.o : \. Background Total •,: .. .·· .-·· " ... .. ............ -··· · .. -.. ... --·· Site Access NTS ln\ers\ate 70 -Westbound Lane Configurations & Traffic Volume Data Interstate 70 -Eastbound FIGURE 2 APPENDIX 8 Existing Count Data Existing Traffic Count Summary AM (7-9AM) Cars/ Pick-ups Single-unit Multi-Unit Trucks Direction Total Peak Hour Total Peak Hour Total Peak Hour Totals PCE (Peak) WBR 7 2 3 1 3 2 13 10 WBL 3 2 0 0 0 0 3 2 NBT 4 1 2 0 0 0 6 1 NBR 4 2 1 0 0 0 5 2 SBT 25 16 9 4 6 4 40 36 SBL 17 10 5 3 4 3 26 25 PM (4-6 PM) Cars/ Pick-ups Single-unit Multi-Unit Trucks Direction Total Peak Hour Total Peak Hour Total Peak Hour Totals PCE (Peak) WBR 6 5 0 0 0 0 6 5 WBL 0 0 0 0 0 0 0 0 NBT 17 10 7 4 0 0 24 18 NBR 0 0 0 0 0 0 0 0 SBT 13 6 5 3 0 0 18 12 SBL 2 1 0 0 0 0 2 1 Cars/Pickups Mam.a Ptceante Cen1rati2ed Soil Trealmen! facility \ £ l Qg-gt .. ... I Oa/e 4/23/13 ~ ~ 9/rO! I l l OE:-91 Ume &nod 7:00am-9:00am p 9 9J·OC /nlersection Puckett Access fl £ l a9-g1 I Road @ Hwy 6/24 I \ s i 9/rOI I \ p i OC·9J Weather Partly Cloudy I £ z 'sJ-Ol SB)f/q spea ) S)/Dn;J ~ /U/ .;:::r i ~ 9 ~ 9i ~ Cl ~ f "' "' ";· ~ f. ~ ""' ~ l:l "' u~ \ I ..J ' --· -·--' \ I ~ '-/ A I N ~ ~ "' I\ I/ St ~_,. ~ r---. v c.--- v; ii r-.. '\ ----I \ -.s ---~ ....... ~ v-,_.__ I \ ' North I \ ~ ,- N ~ \~u -~ -~~rf --~::f'" ~ I ..., ~ ~ ~ '9 .\; ~ R l& " "' ~ 1 t ( .;:::!:' inf. trucks oeds bikes 10-15 \ ' 1 15-30 I 1 30-40 \ I &5-<JC 1 QO-fS 1 15-30 I 30-45 -; 1 45-6( I \ 2 1 Single Unit Trucks Piceance Cenlr~~ized Soll Treatment Facilil~ I i z f?B-91 ., __ ., 4/23/13 \ I i 9HJ! Dais \ I z OC-91 r1m~ e.edQQ 7:00am-9:00am z i 191·01 JapeJf:J i /nlersecllon Pugkett 8ccess l z i '(}9·gp Road @ Hwy 6/24 I \ l9tr01 I \ i oc·st Westher Partly Cloudy I ' i 191·01 JOjOBJl SB)ffq spa< ) S)f~fll/ ~ '/U/ .;::::!: i It ~ ~ ~ ~ "' ifi f !!) ~ :o· H~ ~ tl ,.,. o; " "' \ I 1-' . _,; ··- - \ I J ~ '-I ~ ~ \ ~ ~ '/ &_,. ~ ,__ !..--~ "' -~ r--... I--1\ I ' i.--- r--.. North ........ I-- r--.. ~ I \ -.... I~t~ r I \ 1il \ ~H -~ ~~ ~ ~ "I I/ .._, .s <:\ 8 ~ [Ji <> "' In/. l t trucks ( .;=:!' lneds bikes k:Jo.t, \ I 1 School Bus 15-30 \ I 30-41 \ I 145-81 ' OO-fo ,'\ 15-30 I \ 130-4~ I \ 1 45-61 \ 1 Multi-Unit Trucks ,,,,.,.,.,.,, Piceanc& Centralized Soil Treatment Facility I osrs1 7 .... ······· 4/23/13 \ l ~ SH!i Dalo 7 OC-91 Ttine Pen'od 7:00am-9:ooam I l 9t-O< lntemeclianPuckett Access I ~ 09-91 Road @ Hwy 6/24 I \ ~ ~ ~lrOE I \ ~ ~ OC-91 Wealher Partly Cloudy I g1-oc SB)//q spa a ) S)/:Jfll/ \ )Uf .;:::!: i ~ <'! ~ ~ ~ ~ I' f ii1 k I:: ' k ~ s· H~ C> ~ ,... \ I J ~ -··· \ I ~ '-' ~ ~ ~ ~ \ 'I ~ ~-+ -r---- -~ ., " ,...__ v I ' ~~ I \ !.---" ..-" "-..... ~ ---[--..._ Notth L--[--..._ ~ v \ ' J Jy ' I \ I~ ,,.-I I ;u ' -1r! I \ .._, ·~ C> ~ l;5 .!; ~ g ~ "' u C> h ~ "' ;; I t ( .;=:!" Int. trucks -eds bikes 00-16 \ I 15-30 \ I 30-4t \ I 45-Bl '} 0-15 ,\ 15-30 I \ 30-45 I \ 15-6£ I I Cars/Pickups Plceance Cen!ralized So!I Ttealroent Faci~ty z O!J-SP "·-" I ..... . ...... I 4/23/13 I ' g1ro£ Dal~ I 8 OE:-91 Time Period 4:0Dpm-6:00pm ' ' 91-oc --'--=--··-'"-'=-. -·-·~ - lnlersectioa Puckett Access I l 09-gp Road @ Hwy 6/24 I \ ' 'fr0£ I \ ' Of:·SJ Weather Sunny I \ l ' 91-oc SB'ffq spec ) S'fDf11J ~ IU! .;::::±" i ~ ~ ~ ? ~ ~ ~ f :(] )'.; :i· "" ~ "' ,... u~ \ I _,I ~ \ I J ~ '---' \ I ~ "' ~ ~ ~ n->-~ -i:i" _... /;\ ~ ~- ---v I \ -g L------- -l:i ~ I \ North ----' ./,hi" I \ ~ ,- I ~H - \ .., ·~ l;'l ~ Ii/ 2 .!:; ~ ~ ~ ~ g ~ ~ "' 1 t ( .:;=± in!. trucks oeds bikes 00-15 I 6 15-30 \ I 1 130-41 I 2 '5-61 \ 1 1 00-15 J 2 15-30 4 30-45 I 1 45-6G \ Single Unit Trucks Tfrne Periqd 4:00pm-6:00pm Jnlersection Puckett Access Road @ Hwy 6/24 Weather Sunny \ I \ I \; ,\ I/ \ I sa11q spac .;:::!' in/. 00-IS \ 15..JO \ 30-4t I I 15·30 I \ \ \ OC-91 OC·!JJ JU/ North t /rocks ( .;:::!" oeds bikes 3 2 Multi-Unit Trucks No multi-unit trucks went through during this time period Al~rna Piceanc& Cenlra~lted Soil Trea!menl Facir.ly I ?f!"SI ..... \ 1 .......... ················· I 4/23/13 l>fr-0! Dais I Oc-91 Tim• Period 4:00pm-6:00pm I st-oc \, /nlersectioa Puckett Access ?9·9fr Road @ Hwy 6/24 \ 9fr-O! I \ 08-f}/ Wea/her Sunny ' st-oc 58)//q speo ) S)/Dfll/ \ /Uf +::t i ,, L• </> ? I); ~ ;;; r "' ~ t s· !IJ ih ~ ,.; ~ "' ~ ,.,_ H~ \ I J 11 \ I J l '-- \ I '1 ~_,. r-.. ,,__ " ~ r-..~ L--- ----I ' I \ ;-i2 (....---v r"--r--~ v ---North ~ ~ I \ ' I \ '" r " ~u I \ ~ ~ ~ 'If ~ ·~ ~ ~ ;;;: ~ .!;; c\ ~ g 'ii "' ~ " "' l t ( +::t' Int. trucks neds bikes 00-li 15-30 \ I Jo-46 \ I '45-6C I I '90-15 15-30 I 30-46 I \ '5-6C I \ APPENDIX C OTIS Background Traffic Data Traffic Volumes for Highway 006M ROUTE END REF AADT AADT REF PT PT AADT YR SINGLE AADT COMB YR20 FACTOR D AADT HV TRUCKS LOCATION 006M 74.875 75.042 2600 2011 150 100 1.83 12 250 ON SH 6 lST ST SW/O PARACHUTE AVE PARACHUTE 006M 75.042 75.212 2600 2011 150 90 1.83 12 240 ON SH 6 lST ST NE/0 PARACHUTE AVE PARACHUTE OOGM 75.212 88.895 4800 2011 330 230 1.83 12 560 ON SH 6 lST ST SW/O PARACHUTE CREEK RD CR 215 PARACHUTE 2033 Traffic Volumes for Highway 006M ROUTE REF PT END REF PROJ PROJ AADT PROJ AADT AADT DHV SINGLE LOCATION PT AADT COMB 006M 74.875 75.042 2600 12 4974 287 191 ON SH 6 lST ST SW/O PARACHUTE AVE PARACHUTE 006M 75.042 75.212 2600 12 4974 287 172 ON SH 6 lST ST NE/O PARACHUTE AVE PARACHUTE: 006M 75.212 88.895 4800 12 9182 631 440 ON SH 6 lST ST SW/O PARACHUTE CREEK RD CR 21S PARACHUTE APPENDIX D .. Trip Generation Data . CONSTRUCTION Qf.PICEANCE CENTRALIZED SOil TREATMENT FAOUTY Dally Daily j Daily Pha<e Activity Day Trudo; weights No. Trucks Equipment Equipment Wt. Tripsfrruck Trips PCETriJ)$ Total(Pa'.) Construction of Paci 1 22 Wheel low-boy l70000GCW l 09 85000 l •l 3 3 1 22 Wheel low-boy 85000GCN l l il 3 3 1 22 Wheel low-boy 120000GON 1 Grader 35000 l l 3 3 1 22 Wheel row-boy 8SOOOGCW l l l 3 3 5 IS.wheel belly dump SOOOOGON 3 Soils/Gravel 50000 l !3 9 9 5 18-wheel belly dump 30000GaN 3 l ;3 9 9 9 18-wheel bellv dump SOOOOGON 3 Soils/Gravel 50000 l ;3 9 9 9 18-wheel belly dump 30000GON 3 l •3 9 9 14 22 Wheel low-boy 85000 GVW l l :1 3 3 14 22 Wheel low-boy 170000GCW 1 09 85000 l l 3 3 14 22 Wheel low-boy 8500061/W l l ,1 3 3 14 22 Wheel low-boy 120000 GON 1 Grader 35000 l l 3 3 Every Day of Construction 1-14 Fuel/Maintenance SOOOOGON 1 Fuel 25000 l l 2 28 l-14 Fuel/Maintenance 35000GCIN l l l 2 28 1-14 Pickup or other light vehicfe SOOOGVW 4 2 :s 8 11 Total Trios (One Way) 228 Average Trips/Day l Maximum Trips/Day 3 NOTE: Al! trips are one-way. OPERATION OF PICEANCE CENTRALIZED SOil TREATMENT FAOUTY Activity Dav Trucks Operation of Facility Pickup or other lightvehicle Pickup or other light vehicle 30 Ton Dump Truck 30 Ton Dump Truck 10 Wheel Water Truck 10 Wheel Water Truck 22 Wheel !ow-boy 22 Wheel low·boy For life of facility· assumed 20 years NOTES: 1. All trips are one·way. 2. Trip Generation assumptions are as follows 1350 trucks per year 1 water truck per week Weights 8000GVW 8000GVW llSOOOGCW S7500GON 60000 GCJIJ 25000 GON l70000GCW 85000 GVW 1 lowboy with equipment for soil movement per week 2 pid::up trucks per week or oversight 1 pickup per month for samples 3. Average Trips are AADT No. Trucks Equipment 2 2 4 Soi! 4 l Water 1 1 09 1 4. Maximum Trips assume all daily, weekly, and monthlytrips arrive <11nd leave the same day Equipment Wt. 57500 35000 85000 • Daily Daily r Daily Phase Trips/Truck Trips PC£ Trips Total (PCE) 0.29 057 . 0.57 3sn.14 0.03 0.07 . 0.07 417.33 1 4.00 . 8.00 50080.0C 1 4.00 ! 8.00 50080.00 0.14 0.14 • 0.29 1788.SJ 0.14 0.14 . 0.29 1788.S 0.14 0.14 0.43 2682.8! 0.14 0.14 • 0.43 2682.8 Total Trips (One Way) I 113097.3 Average Trips/Day • 18.07 Maximum Trips/Dav ' 30.00 RECLAMATION OF PICEANCE CENTRALIZED SOIL TREATMENT FACUTY Daily ' Daily Phase Activity Day Trucks Weights No, Trucks EQuipment Eciuipment Wt. Trips PCETrips Tot::iil (PCE) Regrading and Final Contour 1 22 Wheel low-boy 120000GCN 1 Grader 35000 1 3 3 1 22 Wheel low-boy BSOOOGON 1 1 3 3 l 22 Wheel low-boy 170000GQN 1 D9 85000 1 3 3 l 22 Wheel low-boy 85000 GQN · 1 1 3 3 14 22 Wheel low-boy 8SOOOGVW 1 1 3 3 14 22 Wheel low-boy 170000GCW 1 D9 85000 1 3 3 14 22 Wheel low-boy 85000GWJ 1 1 3 3 14 22 Wheel low-boy 120000GCW 1 Grader 35000 r 3 3 Every Day of Construction 1-14 Fuel/Maintenance 60000GCW 1 Fuel 25000 1 2 2S 1-14 Fuel/Maintenance 35000GCW 1 1 2 2S 1-14 Pickup or other light vehide 8000GWJ 6 2 12 168 Total Trips {One way] 248 Average TripS/Day 18 Maximum Tr:ips/Day 28 NOTE: All trips are one-way. APPENDIX E Site Photos ((:~\l\,OLSSON OA #11·2627 ASSOCIATES PHOTO 2: Looking northwest from site access. .. ;::'~.:>.,,./, i\~JV\, OLSSON OA #11 ·2627 . ASSOCIATES PDC Soll Treatment Facllfty:::~l9ht Distance Photos PHOTOS; Looking west from site access. PHOT04: Looking soulheast from site access. OA #11-2627 PDC Soil Treatment Faclllty -Sight Distance Photos PHOTO 5: Looking southeast along State Highway 6/24. CURRENT STATUS OF CDOT ACCESS PERMIT APPLICATION Attached is correspondence regarding the current status of the CDOT Access Permit Application. Olsson Associates is working on addressing CDOT's comments. It is Applicant's understanding that the CDOT Access Permit must be resolved within iihlety (90)daysofappi'6val and thaflhei'e ls tiiiie fo complete thfS pi·ocess. From: Bo11ssln • CDOT Danie! Kilthy A. Eastley To: Subject: Re: Puckett Land Exemption Date: Tuesday, September 24, 2013 9:14:04 AM Kathy -COOT.does .. have an. access_application Jrom.PDC {PuckettLand Company) for a Soil Treatment Facility on SH 6 at milepost 79. 17 Left. We received the application on May 16, 2013. We sent comments to the applicant to the applicant {Olsson Associates) on June 61 2013. I have not received any response to our comments. Therefore, the application is on hold until we receive the undated information. I would recommend that the applicant provide an access permit for the new use. If you have any questions, please contact me. thanks Here is our comments: Review Comments 1. The report concludes that a left-turn deceleration lane is required based on the traffic volumes, but the requirement may be waived because of the low volume in the through lane in accordance with SHAC §3.5(5). In addition to traffic volume the safety of the intersection needs to be considered when the waiver of the auxiliary lane is evaluated. The consultant shall make a professional recommendation based on safety considerations; including travel speeds, differential speeds (i.e.: the multi-unit trucks have a low acceleration rate), geometry, and any other conditions that affect the safety of the intersection. 2. The left-turn acceleration, right-turn deceleration and right-turn acceleration lanes are not required based on traffic volumes in accordance with the SHAC. The consultant shall make recommendations for each of these auxiliary lanes on whether they are or are not needed as safety improvements. 3. The report does not need to be revised, but it is noted that the official directions of travel of the highway should be used in the traffic studies. As an even numbered highway the directions of travel on SH 6 are eastbound and westbound. Where a highway's geodetic alignment does not jive with its official direction the diagrams can be labeled with NB, SB, EB and WB for clarity. 4. The applicant shall provide proof that all the landowners are in agreement with the traffic assumptions in the study and let them know that PDC is applying for the access permit. Dan Roussin Region 3 Permit Unit Manager State of Colorado, Colorado Department of Transportation 222 South 6th Street, Room 100, Grand Junction, CO 81501 office: 970.683.6284 !fax: 970.683.6290 email: daniel.roussin@state.co.us On Mon, Sep 16, 2013 at 4:51 PM, Kathy A. Eastley <keastley@garfield- c9ynt}'~com> vvr~te: I Dan, ! I Thanks for getting back to me on this issue. As we discussed, the County is i currently reviewing a land division on property access from Highway 6 east of the ! Town of Parachute. This access serves a large property that has numerous Oil & I Gas activities and provide access to other parcels via an easement with adjacent I properties. i Garfield County is aware that this existing access does not have a State Highway Access Permit (SHAP) and there is concern that legal access to the site cannot be demonstrated. Please let me know if a SHAP application has been submitted for : this access point -I've attached maps for your use. Thanks Dan, any information you could provide would be very appreciated. Kathy Eastley, AICP Senior Planner Garfield County Community Development i 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext 1580 Fax: 970-384-3470 . keostley@garfjeld-county com Access Documentation PDC Energy Piceance Centralized Soil Treatment Facility ·'>OLSSOr\I ASSOCIATES OA Project No, 011 ·2627 760 Horizon Drive, Sul!e 102 I Grand Junc!ion, CO 61506 J TEL 970.263.7800 I FAX 970,263.7456 Legend 1223 Site Boundary >==E3 Highway/Interstate Route to Site --County Roads Access Road «11111 SITE ACCESS MAP PICEANCE CENTRALIZED SOIL TREATMENT FACILITY PDC ENERGY '"'""c::=:a---•Miles 0 0.25 0.6 f OL.SSC)f\l 12'!2f.1r.!RO..IO ORMIO,\mCTIOll, co IHCI~ tn.noin11G<> FA~~IO.~OJClG ' SA· 1 .. ~ ; ~ ' . .I .,, Legend Access Road ~ Highway/Interstate Route to Site C"":J Parcels County Roads SITE ACCESS WITH PARCELS MAP PICEANCE CENTRALIZED SOIL TREATMENT FACILITY PDC ENERGY """"m::==..,..,.,.,.,, ... Mi:es ~'/ A e 0 0,125 0.25 0.5 y OLSSOl\l ,, '.•-; (_) ( I ;, J [· ·:. 9N2\.111AOAO GA:A'IO J\Jl/CTI011, CO&l~05 JUt1HU71t-O FAX~1~.16'.Hl6 • SA·2 STATUS OF RECORDING The easement agreement is to the proper parties for signature. As soon as it is returned signed it will be recorded with the Clerk and Recorder of Garfield County . . J\ppH~a11treqtt~ststhat recordation of th() agreement be a conditionofappr()yaland not a submittal requirement. Non-Exclusive Mutual Access Agreement H This Non-Exc~sive Mutual Access Agreement ("Agreement") is made this · Ex~onMo~f o~fcacr~cff~~Jri. ··a Ne~ ~~}J c~~;Zr~~~ f..~t~6-~~; a~~J~~~~~~ Land Company, a Colorado corporation and The Oil Shale Corporation, a wholly owned subsidiary of ConocoPhillips Company (collectively "PLC/Tosco"). The term "Party" shall mean and refer to each party to this Agreement and the term "Parties" shall mean and refer to all the parties to this Agreement collectively. Recitals A. EMOC is the owner of a portion of the real property situate in Garfield County, Colorado described as: SW1/4, Section 34, Township 6 South, Range 95 West of the 611' Principal Meridian, and further depicted on Exhibit "A" attached hereto (the "EMOC Property"). B. PLC/Tosco is the owner of a portion of the real property adjacent to the EMOC Property and also situate in Garfield County, Colorado described as: SW1/4, Section 34, Township 6 South, Range 95 West of the 61h Principal Meridian, as further depicted on Exhibit "A" attached hereto (the "PLC/Tosco Property"). C. Each of the above described parcels is crossed by access roads. The term "Road" shall mean and refer to the access roads that traverse over and across, and are located on, the EMOC Property and the PLC/Tosco Property, as more particularly depicted on Exhibit "A". D. PLC/Tosco has requested the right to use the Road located on the EMOC Property to access property that is owned or controlled by PLC/Tosco and located in the general vicinity of the above described properties and EMOC has requested the right to use the Road located on the PLC/Tosco Property to access property that is owned or controlled by EMOC and located in the general vicinity of the above described properties. E. The Parties wish to enter into a written agreement reflecting their agreement as to mutual access rights over and across the EMOC Property and the PLC/Tosco Property by use of the Road, as provided herein. Agreement THEREFORE, in consideration of the promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Non-Exclusive Mutual Access Agreement Page 1of9 1. GRANT BY EMOC. EMOC, as grantor, hereby grants unto PLC/Tosco, as grantee, a non-exclusive right of access and use of the Road over and across the EMOC Property to access its (grantees') properties In the general ....... :vicinity oUhe propertie() cjescribed herein. 2. GRANT BY PLC/Tosco. PLC/Tosco, as grantor, hereby grants unto EMOC, as grantee, a non-exclusive right of access and use of the Road over and across the PLCITosco Property to access its (grantees') properties in the general vicinity of the properties described herein. 3. USE OF THE ACCESS RIGHTS. The non-exclusive rights of use and access granted in Paragraphs 1 and 2 above are granted for the purpose of providing pedestrian and vehicular ingress and egress access over and across the Road, but only to the extent such access relates to a Party's use of the Road to access and reach its respective land in which it holds an ownership interest located in the general vicinity of the lands described herein, or public lands adjoining such land, for commercial or industrial use. As used herein, the term: (i) "Access Right" shall mean and refer individually to each grant of access provided in Paragraphs 1 and 2 above, (ii) "Access Rights" shall mean and refer collectively to both grants of access provided in Paragraphs 1 and 2 above, (iii) "Grantor" shall mean and refer to a Party that has granted an Access Right in Paragraphs 1 or 2 above, (iv) "Grantee" shall mean and refer to a Party that has received a grant of an Access Right as provided in Paragraph 1 or 2 above, and Is accessing or using the Road on land in which Grantee does not hold an ownership interest, (v) "Grantor's Road" shall mean and refer to that portion of the Road being used by a Grantee on land in which Grantor holds an ownership interest as described herein, and (vi) "Grantor's Land" shall mean and refer to that land in which Grantor holds an ownership interest, as described herein, to include, without limitation, the Road being used by a Grantee and Grantor's lands surroLmding or adjacent to such Road. 4. ACCESS RIGHT CONDITIONS. The grant of each Access Right, as provided in Paragraphs 1 and 2 above, is conditioned upon the following: A. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its use of Grantor's Road relative to growing crops, buildings, general value of land, ditches, fences and livestock of Grantor or Grantor's surface lessee/tenant. Grantee shall notify Grantor and Grantor's surface lessee/tenant, if any, of any activity which may impact Grantor's surface lessee's/tenant's use of Grantor's Land. All gates of any kind or nature shall be kept by Grantee in the condition in which they were found upon entry. Grantee shall not alter the natural flow of any creeks, streams, or irrigation ditches relative to Grantor's Land. B. MAINTENANCE: Grantor's Road, and all fences and gates impacted by Grantee's use of Grantor's Road shall be maintained by Non-Exclusive Mutual Access Agreement Page 2 of 9 Grantee in as good condition as exists at the time of execution of this Agreement. Grantor shall give Grantee notice of degradation or damage to Grantor's Road, fences or gates or Grantor's Land caused by Grantee's use of Grantor's Road. Within a reasonable time after receiving notice · · r nofTo-exceeafiVe ( 5) days],·· if ·Grantee-fails to repair-or restore-Grantor's ... Road, fences or gates or Grantor's Land to the condition described above and Granter performs remediation or restoration on Grantor's Road, fences or gates or Grantor's Land, Grantee shall reimburse Grantor for all reasonable costs and expenses associated with such remediation or restoration within thirty (30) days of receipt by Grantee of an itemized invoice for such services. C. NON-EXCLUSIVE USE AND RESERVATIONS: Each Access Right and all other rights hereby granted are non-exclusive to Grantee and limited to the specific grant herein. Grantor reserves unto itself and its heirs, representatives, successors and assigns all rights not specifically granted to Grantee herein, including, without limitation, the full use and enjoyment of Grantor's Road. This Agreement does not, in any way whatsoever, convey any water rights or the right to use water. Grantor does not grant any other Access Rights or rights-of-way across or over Grantor's Land except as provided herein. D. AGRICULTURAL LIABILITY: Grantee shall take all reasonable precautions to avoid damage to agricultural operations on or adjacent to Grantor's Road. Grantee shall have and assumes liability for all cattle, crops or chattel lost as a result of Grantee's use of Grantor's Road. E. LIABILITY OF THE PARTIES: Grantee releases, acquits and discharges and covenants and agrees to fully defend, protect, indemnify, and hold harmless Granter, its officers, directors, employees, affiliates, agents and/or assigns, from and against each and every claim, demand or cause of action and liability, cost and/or expense (including, but not limited to, reasonable attorney's fees and costs incurred in defense of Granter, its officers, directors, employees, affiliates, agents and/or assigns), for damage or loss in connection therewith, which may be made or asserted by Grantee, its officers, directors, partners, members, employees, affiliates, contractors, tenants/lessees, agents and/or assigns (collectively "Grantee Entities"), or which may be asserted by any third party (including, but not limited to, Grantor's officers, directors, employees, affiliates, contractors, tenants/lessees, agents and/or assigns), on account of personal injury or death or property damage caused by, arising out of, or in any way incidental to, or In connection with Grantee's use or occupancy of Grantor's Road or exercise of the rights granted hereunder, except to the extent such damage or injury results from the actions of Granter. Where personal injury, death, or loss of or damage to property is the result of the joint actions of Granter and Grantee, Grantee's duty of Non-Exclusive Mutual Access Agreement Page 3 of 9 indemnification shall be in proportion to its allocable share of such action. Without limiting the breadth of the release and indemnity in the preceding . .. ...... ..... ...... ... _J1§.rljgr<1ph_,_Jt_is __ ~xpressly agreed that the indemnity obligation specifically includes, but is nonimrre<rfo;Claifi'is-arlSiTigllm:lerthe·provisions-herein -·- entitled Agricultural Liability, above, and Water and Drainage, below, and all federal, state and local laws, rules and regulations related to health, safety and the environment. No Party shall be liable to the other for any damages due to fire, lightning, earthquake, flood, windstorm and other like casually or other causes beyond its reasonable control, nor for damages caused by public improvements or condemnation proceedings. Notwithstanding the foregoing, no Party shall be required to settle a labor dispute against its will. Grantee's use of Grantor's Road shall be at its sole risk. Grantor makes no representations or warranties of any kind, oral or written, express or implied, concerning i) Grantor's Road, its condition or stability, load bearing capability, !urning radius on any of its turns, suitability for any purpose or its safely, or ii) Grantor's Road's compliance or conformity with any applicable standards, laws or regulations concerning health and safety or road construction or operations. Grantee assumes any and all responsibility for and risk of bodily injwy, death and Joss or damage to person or property caused by, arising out of, or in any way incidental to, or in connection with i) Grantee's use or occupancy of Grantor's Road, or ii) any latent or patent defects, if any, in, on or under Grantor's Road or Grantor's Land. As used herein, Grantee's use of Grantor's Road shall include use by the Grantee Entities and by Grantee's business invitees or visitors. The terms and provisions of this Paragraph 6.E shall su1vive termination of this Agreement or any Access Right. F. LAWS, RULES AND REGULATIONS: Grantee shall at its sole cost and expense comply with all federal laws, rules and regulations as well as those of the State of Colorado and any other governmental authority having jurisdiction over Grantee's L1se of Grantor's Road. G. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use, possession, purchase or sale of illegal drugs, narcotics or other unlawful substances and materials by the Grantee Entities or by Grantee's business invitees or visitors while on or using Grantor's Road or Grantor's Land. Al all times while on or using Grantor's Road or Grantor's Land, Grantee Entities and Grantee's business invitees and visitors shall not i) carry any loaded firearms or other weapons and such firearms and other Non-Exclusive Mutual Access Agreement Page 4 of 9 weapons, if any, shall remain unloaded and stored in the vehicle(s), if any, and ii) use, consume or be under the influence of alcohol and alcoholic beverages. H. --HUNTlf.JG 7\ND-FISHING: ·····-t<Jo-hunting; trapping or fishing-is ------- permitted on Grantor's Road or Grantor's Land unless such rights are expressly granted in writing and no such rights are granted by this Agreement. I. WATER AND DRAINAGE: Grantee shall have and hereby assumes absolute liability for damages to water wells, water tables, natural springs and running watercourses and water tanks within a one- quarter (1/4) mile distance of Grantor's Road insofar as such damage can reasonably be determined to be the result of Grantee's use of Grantor's Road. J. OIL AND GAS FACILITIES: Grantee acknowledges that there may be oil and gas wells, gathering lines and pipelines, and related facilities (collectively, "Oil and Gas Facilities") in the vicinity of Grantor's Road (and, in some cases, under Grantor's Road); and that Grantor and/or third parties may, from time to time, construct additional Oil and Gas Facilities (including, without limitation, natural gas handling facilities) in such vicinity (and, in some cases, under Grantor's Road). Grantee acknowledges that the construction, operation and maintenance of these Oil and Gas Facilities may require closure of Grantor's Road from time to time. K. TERM AND TERMINATION: Each Access Right is granted for an initial term of ten (10) years, effective as of the Effective Date, and may be extended for two (2) additional ten (10) year terms by mutual written consent. Any Party may terminate this Agreement for any reason whatsoever by furnishing notice to the other, non-terminating Parties, at least sixty (60) days prior to any annual anniversary of the Effective Date in accordance with Section 7 below, and, upon the giving of such notice, this Agreement shall terminate at 12 midnight on the day preceding the next annual anniversary of the Effective Date. 7. NOTICE. Any notice or demand to be given to a Party shall be in writing and may be delivered in person, by fax or certified or registered mail, postage prepaid, or by recognized overnight courier, addressed to the Party for whom intended as follows: ExxonMobil Oil Corporation c/o ExxonMobil Global Real Estate Attn: Tom Adams 16825 Northchase Drive, Suite 200 Houston, TX 77060 281-654-6246 (phone) Non-Exclusive Mutual Access Agreement Page 5 of 9 281-654-6392 (fax) Puckett Land Company _______________________ Attn: Land Dept. -5400 S. Quebec-St., 13te:-250-- Greenwood Village, CO 80111 303-763-1000 (phone) 303-763-1040 (fax) ConocoPhillips Company Attn: RPA -Manager 540 G Plaza Office Building POB-05-540G Bartlesville, OK. 74004 918-661-4139 (phone) 918-662-3419 (fax) A Party may give notice designating a different address to substitute for the one above specified when necessary. Notice shall be deemed given upon receipt. 8. GOVERNING LAW. This Agreement and all matters pertaining hereto, including, but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretation or construction, shall be governed and determined by the laws of the State of Colorado. Venue shall be exclusively within the state and federal courts located in the State of Colorado. 9. AMBIGUITY. The Parties expressly agree that this Agreement has been freely negotiated between the Parties, who have equal bargaining power, and the rule of construction that any ambiguities are to be resolved against the dratting party will not be employed in interpreting or construing this Agreement. 10. ENTIRE AGREEMENT. AMENDMENTS. CAPTIONS. RECITALS. This Agreement contains the entire agreement between the Parties concerning the Access Rights and the Parties' use of the Road, and any prior oral representations or understanding concerning this Agreement or such matters shall be of no force and effect. This Agreement may be altered or amended only by an instrument in writing signed by each Party hereto. The captions used herein are for convenience and are not intended to have any substantive effect. All recitals and exhibits attached hereto are herein incorporated for all purposes. 11. TITLE MATTERS. NO WARRANTY. This Agreement and the Access Rights granted herein are subject to all contracts, leases, liens, easements and encumbrances or claims of title which may affect Grantor's Road or Grantor's Land and nothing contained herein shall be construed as a covenant or warranty against the existence of any thereof. Moreover, this Agreement and the grant of Non-Exclusive Mutual Access Agreement Page 6 of 9 Access Rights is made without any representation or warranty of title, or any other type of representation or warranty by Grantor, oral or written, express or implied. It is expressly understood that Granter has not undertaken to make _ ···-_ _ ____ any x_evieW_.QLlts records or any other records to confirm the ownership of Grantor's Land or-fhe Ro-ad-and-tha!Grantee·mu;assumed-fall-risk-and------------·-·- responsibility related to title to, or ownership of, Grantor's Land or the Road. 12. BINDING EFFECT. NO ASSIGNMENT. The Access Rights and the terms and provisions of this Agreement extend to and are binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors and assigns. This Agreement may not be assigned without the written consent of the other, non-assigning Parties, which consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, a Party may assign this Agreement to an affiliate without the consent of the other Parties. IN WITNESS WHEREOF, the Parties have execl1ted this Agreement the day and year indicated below but effective on the date first set forth above. [Signature page follows.] Non-Exclusive Mutual Access Agreement Page 7 of 9 ··· ······ · · ·ExxqnM obit ·Oi 1 ·corporatiQf By:. ~£=--····-~ D. R. L6renzo ;:JK._(,{ Title: Agent and Attorney-in-Fact Date: ____________ _ The Oil ha. le p~r··· oration ( 6) /, /}fl.- By: -;.L ·~ Jk/~3t/'X , __ J.E. arlton Title: Vice President Date: HHl '] 2 ?n1? Non-Exclusive Mutual Access Agreement Page 8 of 9 Exhibit "A" Altachecl lo and a made a pnrt of that certain Non-l~xclusive Mutual 1\ccess Agreement between EMOC, 1'11ckctt Land Company, and The Oil Slmle Corporal ion (At/ached 011 thefol/owi11g page 9A) Non-Exclusive Mutual Access Agreement Page 9 of 9 33 ~ N Exhibit A t' . t I t I , I ~I\ I c ~ I ro -o I ' c: ' _. I co \ NW1/4SW1/4 '.§ 11o:'. l Section 34 :2. 8 \ T6S R95W, 6th PM g \u ! XI~ I xi~ I UJ t i l NE1/4SW1/4 Section 34 T6S R95W, 6th PM ':i ------~ : : ' li I . ·1 ', ~ \ ~ North Une of Right of Wey : ~ )! :i I ./ Frontage Road l .A . .' :: I //· __. \ 1 I •· . - 6S95W 34 l .. /' ~ \ '1 _________________________ t-------- \ nterstate 70 \ ,\ A;-Q "'~ .. :9"-'?. o.,C' Legend \. ' Exxon-Mobil to Puckett Land/Conoc6-Phillips Puckett Land/Conoco-Phillips to Exxon-Mobil (Cotton-Mood Creek Road) ---.. --------·- GEOLOGY AND HYDROLOGY PDC CENTRALIZED SOIL TREATMENT FACILITY GARFIELD COUNTY, COLORADO PREPARED FOR: PDC ENERGY 1775 SHERMAN ST, STE 3000 DENVER, CO 80203 PH: (303) 860-5800 CONTACT: RANDALLFERGUSON PREPARED BY: OLSSON ASSOCIATES 4690 TABLE MOUNTAIN DRIVE GOLDEN, CO PH: (303) 237-2072 CONTACT: BEN BAUGH MARCH, 2012 OLSSON ASSOCIATES PROJECT NO. 011-2627 Table of Contents 1.0 SITE GEOLOGY ................................................................................................................. I 2.0 SlTE HYDROLOGY ....................................................................... m ................ mrn• .......... m •• -1- 2.l Groundwater Wells Within a 1.0 Mile Radius ...................................................................... I 2.2 Hydrologic Properties ........ , .................................................................................................. I 3.0 SURFACE WATER FEATURES WITHIN A 2.0 MJLERADTUS ........................................ 2 4.0 EXISTING QUALITY OF GROUNDWATER ....................................................................... 2 5.0 EVALUATION FOR POTENTIAL IMPACTS TO GROUNDWATER AND NEARBY SURFACE WATERS ................................................................................................................ , ... , 3 6.0 SOURCES ................................................. , ............................................................................... 3 List of Tables Table 1-State Registered Groundwater Wells Within 1.0 Mile Radius of the Proposed Piceance Centralized Soil Treatment Facility Table 2-COGCC Water Quality Data for the Area List of Figures Figure 1-Geology In Proximity to the Proposed Site Location Figure 2-Slate Registered Wells Map within 1.0 Mlle Radius Figure 3-Surface Water Map within 2.0 Mile Radius Figure 4-Floodplain Map of the Colorado River 1.0 SITE GEOLOGY According to available geologic information, surflcial deposits within the area of the proposed site consist of young terrace and fan gravels of Grand Mesa (Qg). Grain size is typified by glacial and non-glacial pebble, cobble and boulder gravel within a sandy matrix. Grains are often imbrlcated and textural maturity ranges from moderately to well sorted, and subrounded to rounded grain surfaces. Parent material Is derived from assorted sedimentary of the Wasatch formation from high topography to the north and averages five feet to 200 feet thick (Yeend and Donnell, 1968). Nearby water well boring logs report these sediments to be approximately 70 feet thick northeast of this area and 30 feet thick southeast of this area. Bedrock is comprised of the tertiary Wasatch Formation (Tw) consisting of red, gray, and purple to lavender shale and clay. The upper most member of the Wasatch Formation, the Shire Member, likely makes up the bedrock beneath the site, and is dominated by red claystone with minor fine to coarse grained sandstone lenses (Yeend and Donnell, 1968). Boring logs tor water wells northeast of the proposed Site report the Wasatch Formation at 70 feet below ground surface (Table 1) and boring logs for water wells southwest of the proposed Site report red clays at 28 to 30 feet below ground surface. 2.0 SITE HYDROLOGY 2.1 Groundwater Wells Within a 1.0 Mile Radius Boring logs exist for three permitted water wells (permtt numbers 61348 and 254154) 0.5 miles to 0.9 miles (191475) northeast of the Site, one water well (279215) 0. 75 miles south of the proposed Site and four water wells (40191, 64545, 124880 and 239431) approximately 0.75 miles southwest of the proposed Site (Figure 2). Depth to groundwater at the time of drilling for the wells to the northeast ranged from 15 feet (1970) to 55 feet (2004) below ground surface (fbgs). Depth to groundwater for the water well south of the proposed Site was 32 lbgs (1992). Depth to groundwater for the four water wells southwest of the proposed Site at the lime of drilling ranged from 12 fbgs (1983) to 22 fbgs (2002). Use codes for these water wells, total depths, plain casing Intervals, perforated casing intervals, constant yield and lithological comments are Included in Table 1. Well construction and test reports can be found at the ColoradoDlvision of Water Resources website. 2.2 Hydrologlc Properties The shallow aquifer for the area of the proposed Site consists of young terrace and fan gravels of the Grand Mesa formation (Figure 1) as mapped by Yeend and Donnell (1988). The estimated groundwater flow direction is likely to be sub-parallel with the Colorado River, flowing south-southwest approximately 1500 feet south of the proposed Site. Saturated hydraulic conductivity (k,.,) tor gravel-sand-silt mixtures Is known to range from k,., = 1 o-• to 10 .. centimeters per second (cmls). For gravel and sand mixtures with little to no fine grained material, these sediments generally have a hydraulic conductivity of k,., = 10-2 cmls. Within the area of the proposed Site, the Custom Soil Resource Report for Rile Area, Colorado, Parts of Garfield and Mesa Counties, reports Arvada loam to a depth of more than 80 inches for a typical soil profile and a K,., value between 4.23 x 10_. cm/sand 1.4 x 10"' cm/s. The Arvada loam exists In the central area of the proposed Site. Badland soil comprises the western and part of th El norttrern area of the ·proposed Site and is reported'i\lilh a tnicliness ol0-3'lncnes for a typical section, is composed of weathered bedrock and Is typified by a K,., value between zero and 1.4 x 1 O"' emfs. The Nlhfll channery foam makes up most of the eastern portion of the proposed Site, has a depth of more than 80 Inches and a K,.,between 4.23 x 10"' cmls to 4.23 x 10· cmls. Dann et al. (2009) used a variety of methods to characterize hydraulic properties in an alluvial gravel vadose zone similar to that of the surflcial material expected for the proposed Site and report site-averaged estimates of saturated hydraulic conductivity between 4.16 x 104 cmls for samples with more line grains and 4.5 x 1 o" cm/s for samples with sandy grains. Unsaturated hydraulic conductivity was calculated as high as 2.08 x 10 .. cm/s for sandy gravels when near saturation. Site specific field tests are needed In order to delermlne the actual permeability, hydraulic conductivity, flow rate and calculation of a potentlometric surface at the proposed Site location. Percolation tests were completed at the proposed Site location and these results will provide additional insight into the hydraulic conductivity expected in the shallow subsurface of the proposed Site location. 3.0 SURFACE WATER FEATURES WITHIN A 2.0 MILE RADIUS The most significant surface water feature in proximity to the proposed Site is the Colorado River, and flows south-southwest approximately 1500 feet south of the proposed Site (Figure 3). The closest stream channel to the proposed Site location is an ephemeral stream that drains an unnamed canyon directly to the north. Named drainages within two miles of the proposed Site location Include Balzac Gulch less than one mile to the northeasl, Cache Creek approximately 1.8 miles to the east, and Cottonwood Creek approximately 1.5 miles south of the proposed Site (Figure 3). There are no surface water bodies or stream channels located within the boundaries of the proposed Site location. The extent of the Colorado River floodplain Is shown in Figure 4. The southwest corner of the proposed Site location is approximately 800 feet from the Colorado River floodplain. The rest of the southern boundary of the proposed Site location would exist between 1100 and 1300 feet from the Colorado River floodplain. The western portion of the proposed Site sits partially on alluvial fan deposits that were deposited from the drainage located north of the proposed Site. Alluvial fans commonly consist of sift, sand, and gravel, and can experience surface drainage constrained In either ephemeral stream channels or as sheet flow during high precipitation events. 4.0 EXISTING QUALITY OF GROUNDWATER The Colorado 011 and Gas Conservation Commission has public water quality data for eight samples located in an adjacent section (Section 36, T6S, R95W) to the area of the proposed Site location. This data is provided as Table 2. Hydrocarbon constituents were not reported In any of the samples collected. As shown on Table 2, all other constituents were reported below 2 their respective Maximum Contaminant Levels (MCL) when applicable. Notably, reported Sulfate values are low and indicative of shallow aquifer Colorado River water and not water derived from the Wasatch formation, of which higher Sulfate values are expected. 5.0 EVALUATION FOR POTENTIAL IMPACTS TO GROUNDWATER AND NEARBY SURFACE WATERS As stated previously, no stream channels or water bodies exist within of the proposed Site location. Based on the most recent available groundwater well data in the vicinity, groundwater at this location can be expected to occur between 22 feet and 60 feet below ground surface. Bedrock of the Wasatch Formation Is expected to lie between 30 feet and 70 feet below ground surface. The Wasatch Formation consists of shales and clays, which are Impermeable with very low hydraulic conductivities. Given the depth to groundwater and low hydraulic conductivity of bedrock, it is unlikely that deeper aquifers could be affected by the land treating petroleum hydrocarbon Impacted material at or within twenty four Inches of the surface. However, site specific data is needed to assess and confirm actual site conditions. The site will be graded such that a storm water collection basin will collect the runoff from the Site, and the moisture that infiltrates the Impacted materials will be used to promote biodegradatlon of the Impacted materials. The eastern portion of the proposed Site location lies on an alluvial fan, of which can be subject to surface drainage confined to ephemeral stream channels or as sheet flow during high precipitation events. The drainage north of the proposed Site location poses a risk to material draining into the Colorado River from the proposed Site location In the event of a high enough precipllation event and engineering controls are needed to mitigate this risk. 6.0SOURCES Characlerization and Estimation of Hydraulic Properties in an Alluvial Gravel Vadose Zone, 2009, R. Dann, M. Close, M. Flintoff, R. Hector, H. Barlow, S. Thomas and G. Francis; Vadose Zone Journal, 8:651-663, Soll Science Society of America Geologic map of the Rulison quadrangle, Garfield County, Colorado; 1968; OFR; 68-335; Yeend, Warren E.; Donnell, John R. USGS National Hydrologic Dataset l_1t_\12lill!1iU!~.£1!rnov/ Colorado Division of Water Resources database lltJ_p)f'll_diGf,_~!n_\9,!:Q,_U'ifHO[ll"il:'.§fL<;,<;/gt)fatill'-'151<~ United States Department of Agriculture (USDA) -Natural Resource Conservation Service. ll!JP: I fvNLVi-1~ c'). u sd flJJ_Ov /\'.fil:ein2f.l<!ILOJ cs/m ni n(n" I io JJQ)fJ1Q!!N Colorado Oil and Gas Conservation Commission (COGCC) l!il!c/_/_C.QH<& !il9J~"<:9 ~tt,;/ 3 OLSSON 1\$$0CIA.lt::S GEOLOGIC AND SOIL HAZARDS REPORT Introduction PDC Energy ("PDC") proposes to construct a centralized soil treatment facility to be located in Section 25, Township 6 South, Range 95 West, of the Sixth Principal Meridian, located southwest of the exit of Rulison, north of interstate 70, and the Colorado River, Jn Garfield County Colorado (Fig. VM-1 ). The proposed Piceance Centralized Soil Treatment Facility is located on the eastern margin of the Piceance Basin near the Grand Hogback monocline which consists of 2,200 acres. This facility will lie north of the Colorado River on a terrace between Cottonwood and Balzac Gulches. it lies adjacent to areas undergoing natural gas development by WPX Energy Rocky Mountain LLC. The natural gas resources that are being developed lie within the Quaternary: Pinedale and Bull Lake age gravels and alluvium deposits. The proposed location is shown on a map provided (Fig. G-1). Structural Geology The proposed project is located near the southern part of the Piceance Basin; an irregulariy- shaped elongated basin formed by tectonic forces associated with the Laramie orogeny that downwarped the earth's crust as a result of the uplift of the Colorado Rocky Mountains. Areas on all sides of the Piceance Basin have been uplifted by these same tectonic forces. The Piceance Basin is the major structural geologic feature in the region. It is bound to the east by the Grand Hogback monocline, the White River Uplift to the northeast, the Gunnison Uplift to the south, the Uncompahgre Uplift to the southwest, the Douglas Creek Arch to the west- northwest, and the axial basin uplift to the north (Grout and Verbeek, 1992). The Grand Hogback monocline is a sinuous feature comprised of Upper Cretaceous age bedrock of the Mesaverde Group, which includes the Williams Fork Formation and the underlying Mancos Shale. The Grand Hogback forms part of the boundary between two major physiographic provinces, the Colorado Plateau and the Rocky Mountain foreland. The Grand Hogback bends abruptly to the north of the Gibson Gulch Quadrangle, and strata along the west-to-southwest-facing steep limb of the monocline typically dip basinward at an angle of 45° or are even overturned In some areas (Grout and Verbeek, 1992). A series of west-northwest trending, broad, gentle anticlines and synclines, are present within the Piceance Basin to the PDC Energy Piceance Centralized Soil Treatment Facility January 2013 1 Olsson Associates Grand Junction, CO OA Project# 011-2627 west of the Grand Hogback. The Wolf Creek Anticline and the Divide Creek Anticline are the two closest of these structures. The axis of the Divide Creek anticline crosses the southwestern part of the Gibson Gulch Quadrangle. There are a total of eight joint sets, or fracture-pattern trends, that have .. been mapped in the Wasatch and Mesaverde Group bedrock units.in .the area (Grout and Verbeek, 1992). These joint sets are the result of structural deformation of these sedimentary rock units through geologic time. Bedrock Geology Only two bedrock units crop out, or are exposed in the Gibson Gulch Quadrangle, the Tertiary age (Eocene and Paleocene) Wasatch Formation and the uppermost part of the upper Cretaceous age Mesaverde Group. The Wasatch Formation Is at the surface or it underlies surticial deposits In most of the quadrangle. Rocks of the uppermost part of the Mesaverde Group are exposed only along the crest of the Divide Creek anticline, near the south boundary of the quadrangle, and as mentioned previously, within the Grand Hogback, localed approximately three miles to the northeast on the adjoining New Castle Quadrangle. The upper part of the Wasatch Formation has been removed by erosion in much of the area and removed entirety In areas where the Mesaverde Group Is exposed at the surface. The Wasatch Formation ranges from 3,400 feet to 5,200 feet thick Jn the eastern part of Plceance Basin and is more than 6,000 feet thick, according to geophysical logs of gas wells within the basin. The Wasatch Formation consists of claystone, mudslone, and siltstone interbedded with sandstone and conglomerate. Fine-grained sediments predominate the formation and range In color from very light gray, to brown, olive gray, reddish, and tan. Claystones and mudstones are poorly to moderately indurated and sandstones are generally discontinuous, commonly lenticular, and are yellowish gray lo olive gray In color. The Wasatch Formation is prone to landslides as described in the section on geologic hazards (Madole and Slreufert, 2003). Surflclal Geology The location for the proposed facility is located In the Pinedale and Bull Lake age gravels and alluvium deposits. Within the Quaternary, these gravels and alluvium deposits are identified as glacial deposits. The Pinedale Is equivalent to the Latest Glacial advancements and Bull Lake is tile second-oldest glacial advancement commonly interpreted In the Rocky Mountains. Alluvial and colluvial deposits consist of sill, sand, gravel, and clay found In debris fans, stream channels, flood plains, and adjacent hi/I slopes along tributary valleys. Deposilional processes in stream channels and on floodplains are primarily alluvial, whereas colluvial and sheet-wash processes pre-dominate on debris fans, hillslopes, and along the hillslope/valley floor boundary. An alluvial fan is a fan or cone-shaped deposit of sediment built up by streams or debris flows. Undifferentiated deposits of older gravels and alluvium underlie terraces and hill slopes 1 O feet PDC Energy Piceance Centralized Soil Treatment Facility January 2013 2 Olsson Associates Grand Junction, CO OA Project # 011-2627 to 40 feet above small perennial and Intermittent streams. The maximum thickness of these deposits Is up to about 30 feet, and areas may be prone to sheet wash and rockfall. Ge9loglc Hazards The processes of mass wasting, flooding, hydrocompaction, and piping are the principal geologic hazards in the Gibson Gulch Quadrangle, with mass wasting processes being the most widespread hazard (Madole and Streufert, 2003). Mass wasting Is defined as earth materials transported downslope primarily by gravity. Mass wasting differs from other modes of sediment transport in that the materials move as a mass rather than as individual fragments or particles borne along by a transport medium such as wind or flowing water. Water is an important component In mass-wasting, and commonly triggers movement, but the water is part of the moving mass rather than the transport agent. Mass wasting may take the form of slope creep, as a slow or imperceptible and progressive downslope movement, or can be more sudden and dramatic in areas prone to slumping, debris flows, or landslides. Triggering mechanisms are most commonly the result of wetting from rain or heavy snowmelt. It should be noted that landslide deposits mantle more than half of the Gibson Gulch Quadrangle. Most failure occurs on steep slopes and involves movement of all surflciat geological materials (alluvium, colluvium, decomposed bedrock) overlying competent bedrock. Debris flows are dense mixtures of sand, silt, clay, rock debris, and lesser amounts of water and air that move as a fluid mass. Debris flows may resemble wet concrete with variable fluidity depending on the amounts of debris and water present. Most debris flows become channelized as they descend to the main valleys regardless of whether the flow was Initiated at the valley heads or on the valley sides. Debris flow deposits are a major constituent of fan-shaped masses that accumulate where large gullies and tributary valleys converge. The site for the soil facility is located in an area of Garfield County that has not been mapped by Garfield County for landslides or landslide potential, and the area around the town of Parachute and Rine Is the closest area that has been mapped. Major slope hazards have been identified in these areas. Landslides occur In areas that are vulnerable to slope failure due to a variety of reasons. Weak rocks, high relief, steep slopes, and locally abundant moisture are all contributing factors In causing landslides. Much of the Wasatch Formation consists of fine- grained materials that are weakly cemented. These materials are often overlain by indurated strata that are more resistant to weathering, both within and overlying the Wasatch Formation, resulting In different erosion rates and over steepening of slopes. The Wasatch Formation also may contain expansive clay minerals that can reduce rock strength and slope stability. Landslide deposits mantle more than half of the Gibson Gulch Quadrangle, although many of these deposits may have developed during the geologic past under different climate and vegetation conditions than those existing today. Although these deposits may be stable under current climate conditions, they can be destabilized by human activities. Natural events, Including Intense rainfall, rapid snow melt, groundwater level changes, and earthquakes, In PDC Energy Piceance Centralized Soll Treatment Facility January 2013 3 Olsson Associates Grand Junction, CO OA Project# 011-2627 addition to human activities, may trigger landslides. Human activities which may cause failure Include construction projects, the use of earth fill for construction, cutting benches into hill slopes, and use of unlined pits or septic systems that change water levels or add weight to the natural slope, increasing the shear stress. Floods are another potential hazard In the area, although they are more predictable and more frequent than landslides and debris flows. Areas subject to debris flows are also subject to flash floods. The areas that are prone to flooding are smaller as compared to the areas that are vulnerable to landslides. Mapped flood plain prone areas are shown along the south side of the Colorado River. seen in figure F-1. Hydrocompactlon occurs In areas underlain by thick deposits of fine-grained sediments that have a low bulk density and Indicate that the sediment contains a relatively high volume of void space between grains. Hydrocompacted sediments may undergo significant reduction in volume and collapse when wetted, or when additional weight Is added on top of them, or by a combination of weight and welling. Hydrocompactlon Is most common In relatively young, fine. grained sediments deposited by wind, sheet flow, and in some mudrlows or debris flows where entrapped air results In a high percentage of void space. Few data exist In the Gibson Gulch Quadrangle tor evaluating hydrocompactlon; however, damage reportedly attributed to hydrocompactlon has occurred in thick deposits of fine-grained sediment of Holocene age in urbanized areas in the New Castle, Slit, and Rifle Quadrangles. According lo the Colorado Geological Survey, there have been earthquakes in the eastern part of Garfield County near Glenwood Springs and New Castle, but there are no recorded earthquakes or faults shown In the Immediate vicinity of the of the soil treatment facility. Soils According to Information prepared by the Natural Resources Conservation Service Soil Survey. soils in this section have been mapped as the Nlhill channery loam (47). The Nihill channery loam (47) soils cover the area In which the Piceance Soll Treatment Facility will be located as seen In figure S-1. The soil in this area occupies 6 percent to 25 percent slopes at elevations ranging from 5,000 to 6,500 feet above mean sea level. The Nihilt channery loam Is a deep and well-drained soil that forms on valley sides, and alluvial fans. The capacity of the most limiting layer to transmit water is moderately high to high. The parent material is alluvium derived from sandstone and shale. Radon 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. According to the Colorado Department of Public Health and Environment (CDPHE), Colorado has a moderate to high radon potential. Since the site is a facility that does not have buildings or an area that is PDC Energy Piceance Centralized Soil Treatment Facility January 2013 4 Olsson Associates Grand Junction, CO OA Project# 011 ·2627 occupied throughout the work day, the poten1ial presence of radon Is not expected to represent a geologic hazard or a significant worker exposure Issue. GarfietdCounty Geographic Information System. Olsson personnel have reviewed the relevant county maps prepared by Garfield County's Geographic Information System (GJS) Department that pertain to this study. According to the Flood Plain Profile the 100-year flood plain Is Indicated immediately along the Colorado River, and Is not shown to be in the vicinity of the proposed soil treatment faclllty. According to the Slope Hazard Map provided by Garfield County, Colorado -GIS Department website, no moderate or major slope hazard Is indicated within the vicinity of the proposed soil treatment facility. According to the Surficial Geology Map provided by Garfield County, Colorado -GIS Department website the alluvial fan, landslide, mudflow, mudflow/slide are outside the boundary of the geologic study. The closest study is Parachute, CO and the west side of Rlfle CO. Conclusions and Summary According to the information provided by Garfield County, Colorado -GIS Department pertaining to the location of the proposed soil treatment facility, the overall geologic and soil hazards appear to be low. Stormwater controls and Best Management Practices (BMPs) should take into consideration the geology and soil types present at this location. These engineering controls and practices should be used temporarily and permanently to divert stormwater away from the construction areas and to prevent additional weight which could trigger a debris flow or landslide. Pits are required to be lined by COGCC rules, but pit liners may also prevent water infiltration into unconsolidated sediments which could trigger slope failure. Pits and catchment basins should be sited and designed so as not to add weight to potentially unstable areas. Olsson Associates Tammie Lee Crossen Geologist PDC Energy Piceance Centralized Soil Treatment Faclllty January 2013 5 Olsson Associates Grand Junction, CO OA Project# 011-2627 References Grout, Marilyn A. and Verbeek, Earl R., 1992, U.S.G.S. Bulletin 1787-Z, Fract.ure Hi$.ry of t~e Divide Creek and Wolf Creek Anticlines and Its Relation to Laram1de Ba~n-Margm Tectonism, SouthernPice.a.nce Basin, Northwestern Colorado, 32 p. _.,L Harman, Jerry B. and Murray, Donald J., 1985, Soll Survey of Rifle Area, C;l~rado, .. PJI of Garfield and Mesa Counties, Colorado: U.S. Department of Agricul~re, Soil Conservation Service, In cooperation with the Colorado Agricultural Expe~~ '· Station, 149 p. two plates, and 20 map sheets. ..ttt ;a:y '· Madole, Richard F. and Streufert, Randall K., 2003, Open-File Report 01-2 Geologl9 Map of the Gibson Gulch Quadrangle, Garfield County, Colorado, Colorado .Geological Survey, Department of Natural Resources, Denver, CO, 18 p. and accompanying map. Online References Colorado Oil and Gas Conservation Commission !llJ11.l!.9lli'<>;.st<lt<lo<;9.Jllil Natural Resources Conservation Service -Soil Survey blt12Jiwww.qr.gs.u2!J£1,\19v/ Garfield County ~Slope Hazards: Soil Hazards: Ui.lp.Jl.WW.YLY_giiie!<l: county. com/geo9rnphic- inf ormationsysterns/ docunients/6430?D·l 200422slopohaz. pdf http://www. g arfield .. co LI I lt y' com/ D HO[J ra phi r,. inf ormalio11s ysterns/ do euments/64 3352912004 2:lsoilhaz. pdl Sllrflclal Geology of Garfield County: !ll\L?J/V.~Nl .. ,!lillUPJ!J: counly.corn/gcographic.informalio11 .. syslen1s/cl ocumcnts/g eof ogic- PDC Energy Piceance Centralized Soil Treatment Facility January 2013 6 ha zards/24sllrf 91~0. pelf Olsson Associates Grand Junction, CO OA Project# 011-2627 September16, 2013 Ms. Kathy Eastley, AICP Garfield County Community Oevelopment Department 108 s•• Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Puckett Exemption Garfield County File Number MIEA7478 Water Supply Report Dear Kathy, 6SGM www.sgm·inc.com The purpose of this letter is to provide you Information on the availability of water to the exemption parcel In relation to the well's ability to sustain a residential home. As you are aware, the previous correspondence regarding this matter requested a waiver as the proposed use does not require any water. As you also are aware, Puckett land Company (PLC) has drilled a well and forwarded you a copy of the well construction test report and water quality data for the well drilled on site despite the Intention to not use any water. Subsequent to the application submittal, It was determined that In lieu of obtaining a waiver, a water supply and distribution plan would be prepared, using previously prepared data, to show that the well can support any future residential use that may ultimately reside upon the exemption parcel. Relative to the Garfield County Land Use and Development Code, Sections 7-104.B and 4-203.M, please note that the following has been attached: 1. A copy of the previously submitted Well Construction and Test Report 2. A copy of the 4-hour Pump Test 3. A copy of the Water Quality Test Report 4. A copy of the 7/11/2013 email correspondence from Karlyn Armstrong of the Division of Natural Resources to you regarding the State's comments on the Puckett Minor Exemption 5. A copy of Water System Design Calculations prepared by SGM for the Puckett Exemption Parcel The remainder of this letter will reference the fore-going Information and will serve to present a water supply plan per Section 4-203.M of the land Use Code and show compliance against the standards Identified In Section 7-104.B of the Land Use Code. GLENWOOD SPRINGS 118 Wesl Sixlh St, Suite 200 /Glenwood Springs, CO 81601 / 970.945.1004