The URL can be used to link to this page

Home My WebLink About1.0 ApplicationANTERO~ RE 'SOURCESI SPECIAL USE PERMIT APPLICATION Brynildson Water Storage Facility GARFIELD COUNTY COLORADO, USA WAGON WHEEL CONSULTING 111 E. Third St, Suite 213 Rifle, CO 81650 (970) 625-8433 Brynildson Northwest Cor. Sec. 2 ,. Water Treatment Facility Boundary Exhibit Aluminum Cap L.S. 1 No. 31944 River Valley Survey, Inc. 110 East 3rd. Street, Suite 207 Rifle. Colorado 81650 Ph: 970-379-7846 ~I .; ~I ~I ~I ~I ~I •oo· o· Graphic Scale in Feet 1"=200' 200. ----------EOH-----Qverhead EOH ______ IL,==~-:---=-=-EOH PoWer Line Jrl.682 Acres± 0 .!fi\~~'!:',3 14362119.2 East: 879184.9 From North Sec. Line: From West Sec. Line: 213' Project: Brynildson Site Proj. No. 06001-14 ------. Water Treatment Facility Pre ared For Antero Resources Field Date: 02M02-07 Scale: 1 "= 200' Situate In: i!§h _-1--------+---------t NE.X Section 19 and NWX Scclion 20, ANTERO T6S., R. 92 W. of the 6th P.M., Garfield RESOURCES Dale: 03-1-07 Sheet: l of2 County, Colorado ) ) SPECIAL USE PERMIT ANTERO RESOURCES BRYNILDSON WATER STORAGE FACILTIY TABLE OF CONTENTS I. SUP Application II. Associated Permits III. Project Description IV. Impact Statement v. Facility Diagrams VI. Surface Topo Map VII. Site Plan VIII. Area Parcel Map IX. Proof of Ownership X. Legal Description XI. Segregated Mineral Owners XII. Soil Features XIII. Emergency Response Plan XIV. Reclamation & Weed Management Plan XV. Storm Water Management Plan XVI. SPCC Plan XVII. Wildlife Survey RECP.f'l 'F,D MA~ 0 J 20 07 ' "\l"<t-l t..L.,,, . ·, y uUILDING b h ... -.. ,; ll!'>G GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970.945.8212 Facsimile : 970.384 .3470 www.garfield-countv.com Special Use Permit GENERAL INFORMATION (To be comp leted by the applica nt.) % Street Address I General Location of Property: Located approximately five (5) miles Southeast of Rifle. off of County Road 315 % Legal Description: Located in the NW Yt of NW ~.Section 20. Township 6 South , Range 92 West of the 61n P.M. _______________ _ % Existing Use & Size of Property in acres : Agriculture and Grass Lands/ Oil & Gas Production % Description of Special Use Requested : To construct. maintain. and operate a new Water Storage Facility for water associated with natural gas production activities. % Zone District: ARRD ------- % Name of Property Owner (Applicant): Mr. & Mrs. Scott Brvnildson % Address: 1821 Railroad Ave Telephone: (970) 625-3370 % City: _.:....:R.:..:..:ifl=e ___ State: CO Zip Code: 81650-3203 FAX: _____ _ % Name of Owner's Representative. if any (Attorney. Planner. etc): Wagon Wheel Consulting, Inc. Cody W. Smith % Address: 111 E. 3rd Street. Suite 213 Telephone: _(970) 625-8433 % City: Rifle State: CO Zip Code: 81650 FAX: 625-8435 STAFF USE ONLY % Doc. No .: ______ Date Submitted : TC Date: Rl:C€'r:'l.,...,. rE ~ Jr ,! v ~ % Planner: Hearing Date : ------~-::----- MAR 0 6 2007 'OU NT Y BUILDING & PLANN ING I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or hiqhway access permit. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in coni unction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proPosed use: (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land throuqh installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neiqhborhood character: 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-countv.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearin~:~ will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearinq by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office o1 lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearinq by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice. and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall Provide proof. at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of mv knowledge. J WAGON WHEEL CONSULTING CODYW. SMITH 111 E. 3RD STREET, SUITE 213 RIFLE, CO 81650 OFFICE: (970) 625-8433 FAX: (970) 625-8435 CELL: (303) 902-1532 January 30, 2007 Garfield County Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, CO 81601 RE: Agent Authorization To Whom It May Concern: Wagon Wheel Consulting, Inc. (Cody W. Smith) has been retained by Mr. & Mrs. Scott Brynildsen to request a Garfield County Special Use Permit for a Water Storage Facility to be utilized solely by Antero Resources Piceance Corporation on the Brynildsen Property located Southeast of Rifle, CO. I authorize Wagon Wheel Consulting, Inc. (Cody W. Smith) to act as agent on my behalf. Please contact me at (970) ~8 8@88 if you have any questions or concerns. c;.~6"-al>'b WAGON WHEEL CONSULTING CODY W. SMITH 111 E. 3RD STREET, SUITE 213 RIFLE, CO 81650 OFFICE: (970) 625-8433 FAX: (970) 625-8435 CELL: (303) 902-1532 November 29, 2006 Garfield County Building & Planning Department I 08 81h Street, Suite 20 I Glenwood Springs, CO 81601 RE: Agent Authorization To Whom It May Concern: Wagon Wheel Consulting, Inc. (Cody W. Smith) has been retained by Antero Resources Corporation (Antero) to request a Garfield County Special Use Permit for a Water Storage Facility to be utilized solely by Antero on the Brynildsen Property located Southeast of Rifle, CO. I authorize Wagon Wheel Consulting, Inc. (Cody W. Smith) to act as agent on my behalf. Please contact me at (970) 625-9922 if you have any questions or concerns. DC'<--l~ok ~ .. }."\(o~;.4.( Antero Resources Corporation GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield Countv Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11-l''page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: I. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use pennit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of"Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENTFORPAYMENTFORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Au{eo o R.e.Soc.(Ve S \?:ceo •lCe W po-or . .\.,:O'Yl (hereinafter APPLICANT) agree as follows: C/O Wo.sG'(\ Wheel CO'I\sw+-~'-'5 , :r:~c... 1. APPLICANT has submitted to COUNTY an application for \3,Q.~,_,·, )J '\rY) (.J..._+eJ? S ±r..a o ae E<>r ·,!: ±y (hereinafter, THE PRO ECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Date: 3-C:,-0 7 PrintN'ame MailingAddress: t/1 1--$ao. )f.Peef. .:$,, '!e 1.!3 R'£ie ('6 8fte.5 0 10/2004 Page 4 I State of Colorado fQl OGC::t Ull ... ' CD Oil and Gas Conservation Commission • .11~_lincolo S111tt, &i!o.80), Qemr, Coio<OJ!dl!m_~j!;_mo fp ll031894·2J09 -·- PERFORMANCE BOND BONONO: LPM887475l • Thla bond Ia • perpetual suretv Pr'OV1der No: inllnlment which shall remain in Ioree and olfect until all obllgatlons have t>een met and the bond Ia released by the Colorado Oil and Gas Con&eMition Commission. OGCC Ope<. No: I FATS No: KNOW All PERSONS BY THESE PRESENTS, That we, Antero R••c>urc .. Picea.nce corporation of lhe County of aar H•ld Jn the Stale of Colorado as principals, and JPiddity 6nd DepQalt Company of Marylao4 aS 8UI'ety, authorized to dO bUslne$S in lhe State ofeotoradO, are hekf hereby end firmly bound unto the Stale of Colorado, In lhe penal sum of (S >O, ooo · oo l, Pifty Tho.,oand • No/100 Dollars, lawful money of the Un~ed States, lor the fa~lul peymenl of which we hereby bind ourselves. our heirs, executors, administrators and assigns. The condition of this obligation is that wllereM the above bounden principals propose lhe following oil end gas operation( a) on lands situated In lhe Stale of Colorado Type of Bond Coverage Location 0 0 Blanket Complete lot IndiVIdual Bonds Plugging WoiNimoandNUI!Ibo< f!!!!;Ud .. n te•t• .. lt.6aag-• ,.,..,11Lty 0 Surface 0 Individual Ownttol----.... .. locilly .. _, 0 0 PluggVlg 1 wei S<Ootf, ISryDlld.u.D Sellmle 0 Surface lot 1 weU QlrQir, 8oo. Twp, Rng, -: OIJTfgaled lnllfllll, !'•n.LOA 20, "-•hip ' sou.th, ung. t3: ""'•"· [Z] E&P Waate Facllty U.b P.N. 0 Non-lnigalad 0 Downstream Gas 0 Excess Inactive Well• County: QUU•U County Fecllltlea NOW, THEREFORE, If the above bounden principals shall comply wilh all of the provisions of the laws of !he Stale or Colorado and the rules, regulations end ntqulroments of the Oil and Gao ConseNatlon Commission or the Slate of Colorado, with reference to properly plugging of Bald wen or walla;~ reference to land damages and the restoration of the land, as ne«iy as possible, to ita condition at the bagiMing of the lease; -~ to oeismic operations the proper aurface mtoratlon and plugging of any shot holes, than thiS obligation Is veld; otherwise, the same sheU be and remain In full Ioree and eflect. 'MtnessSigounedr ~-nds, th~d•Yj)-3fE/i~ 2007 Princlpai;Mt.U'O Auoureu Ptc:.a::~oce Col'pQZ'&t.lon m~--~ Address: U25 L?th ltreet. h<J Ploor City; P•n.v•r Phone: oo1, ls'J.ut.o State:~co-'---Zip: ao~n~ Fax: Name Printed: Al vyn A. Schopp 1Mtnessourhends,lhfs30thdayof January, 2007 . "su=-ra""ty-,-,-,-,.-a-,-, -.... -,-.,-.-.,-,-.---.-.-, -.,-,..-9'-,-•• -.------. Signed: ~ ~ 1J?7 ~ Addreas; 14~0 ~Ul<l'oiiP l.Uoll, TO'I•t City: llc-Mu.bur-v Phone:~~!~:~~> State:_,.__ Zlp: "'""''"'"'---Fax: ~'--------------------------- Name Print : Jana M ;_' _;f;_o:..r:..r:..e:..a:.t;_ ____ _ -Dolo: ------------------------- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TV AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S\li.!G.,~aryland, by WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary. in rt<u£<)!~ity granted by Article VI. Section 2. of the By-Laws of said Companies, which are set forth · re · s~·o. c hereby certilicd to he in full force andl!ffcct on the date hereof, does herchy noii·na ~ a · .. • JR, Scott T. POST, Richard K. STONE, Bret S. BURTON, Jana ~ ~Sin r11 o ~· m H. HEFFEL and Erica M. PLUMMER, all of Wichita, Knnsas ~~ it\Jrfit!lth'tr J!....~a I rncy-in-Fact, to make, execute, seal and deliver, for, und on its hcha · s 10 · . · s j~fl1J¢~~\j1llly nd all bonds and undertakings, and the execution of such bonds or undc~ ~· i'ftpu · anc~ttJW~Sliall he as binding upon said Companies, as fully and amply, to all intents and pu a'· tf e~lfdlfly:i,xecutcd and acknowledged by the regularly elected of'licers or the Company at ils oflic · ~ ~eW_it::in their own proper persons. This power of attorney revokes thut issued on bchulr of W. C. COHEN, JR, t . OST. Richard K. STONE. BreiS. BURTON, Jana M. FORREST, Sandra J. SHRYACK. Emily R. TERHUNE, Tim H. HEFFEL, Erica M. PLUMMER. dated November 2, 2004. The said Assislant St.-cretary does hereby ccnify that the extract set forth on the reverse side hereof is a true copy or Aniclc VI. SL.'Ction 2, of the By.La.ws of said Companies, and is now in force. IN WITNESS WHEREOF, the soid Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals oJ' the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 22nd day of June, A.D. 2005. ATTEST: St~te of Mar.yland } ss: City of Balumore FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TV AND SURETY COMPANY . ' By: Grt:gory E. Murray Assistant St:uetary William J. Mills Vice Preside111 On this 22nd day of June, A.D. 2005, before the suhscrihcr, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice Presidcot. and GREGORY E. MURRAY. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to he the individuals and oflicers described in and who executed the preceding instrument, and they cw.:h acknowledged the execution of the same. and being by me July sworn, severally and each for himself dcposcth and saith, that they are the said oflicers of the Companies aforesaid, and that the seals aflixed to the preceding instrument is the Corporate Seals of said Companies. and that the said Corporate Seals and their signutures as such officers were duly affixed and subscribed to the said instrument hy the authority and direclion of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and nfftxed my Oflicial Seal the day and year first above written. Maria D. Adamsk; Notary Public My Commission Expires: July 8, 2007 POA·F 076·6692A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vf, Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents S{X!Cially authorized so to do hy the Board of Directors or by the Executive Commiltcc. shall have power. by and wilh the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vicc-Prcsid~.:nts and Auorneys-in-Fact as the business of the Company may require, or lO authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations. policies, contracts, agreements, deeds. and rclca-.cs and assignments of judgements, decrees. mortgages and instruments in the nature of mortgagcs, ... and to affix the seal of the Company thereto:· EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY .. Article VI. Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or hy the Executive Committee, shall have power, hy and with the concurrence of the Secretary or any one or the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on hehalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds. and releases and assignments of judgements, decrees, mortgages and instruments in the nature or mortgagcs, ... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed tht! said Power of Attorney was one of the additional Vice-Presidents specially authorized hy the Board or Directors w appoint any Attorney-in-Fact a.' provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certi licate may be signed by facsimile under and by authority of the following resolution or the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vic!!-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power or attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manua!ly affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this \,)) ~·-( __ day of -:-+-f ..;~).;:,•':.,.· ·c..' J"t:.,. . .i:i'....:.,·· '-. ___ _ ( \ .· i l GRADING PERMIT APPLICATION GARFIELD COUNTY GRADING PERMIT APPLICATION 108 8 11' Street, Suite 201, Glenwood Springs, CO 81601 Phone: 970-945-8212/ Fax: 970-384-3470 /Inspection Line: 970-384-5003 Permit No: ---------Parcel/Schedule No: 2179-191-00-511 Job Address: NWNW Section 20, T6S, R92W, 6'"P.M. I Lot No: Block No: Subd./ 511 00 Exemption: N/A 2 Owner: Address 1625 17 1 Street, Ph: WkPh: Antero Resources Piceance Jfd Floor, 303-357-7310 Corporation Denver, CO 80202 3 Contractor: Address: Ph: 4 Engineer: Address: 5775 DTC Blvd., Ph: Lie. No. Samuels Engineering Suite 200 303-714-4840 19961109864 Englewood, CO 80111- 3227 5 Sq. Ft. Grading Cu. Yd. of Grading 57634.25 Sq. Ft. 6403.81 6 Describe Work: Construction of a new Water Storage Facility. Construction will consist of clearing Of topsoil and vegetation. Berms will be constructed to allow for 3:1 slope on the exterior of the pond And a minimum of3:1 slopes on the interior ofthe pond. Clearing and grading for the facilities Mechanical features, to include but are not limited to Tanks, Pumps, Piping, etc. Gravel will be placed in areas where automotive travel will occur. Berms and soil stockpiles will be seeded to preserve soils and to assist with weed control efforts and Storm Water Control. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION Fee: Dated Permit Issued: AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR, IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAW GOVERNING THIS TYPE OF WORK WILL BE COMPLETED WITHIN WHEATHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. ~I /2~/ uuc-.il~ J-1. Conditions to SIG~E dF OWNER ·v Permit: BUILDING AND PLANNING COUNTY ENGfNEER APPROV ALfDATE APPROVAUDATE AGREEMENT IN CONSIDERATION OF THE ISSSLIANCE OF TI-llS PERMIT, THE SIGNER. HEREBY AGREES TO COMPLY WITH ALL CODES AND LAND USE REGULATIONS ADOPTED BY GARFIELD COUNTY PURSUANT TO AUTHORITI' GIVEN IN 30.28.201 CRS AS AMENDED. THE SIGNER FLJRTIIER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPILED WITH IN THE LCOATION, ERECTION, CONSTRUCTION, AND liSE OF THE ABOVE DESCRIBED WORK THE PERMIT !\fAY BE REVOKED BY NOTICE FROM THE COLJNTY AND THAT THEN AND THERE IT SHALL BECOME NLJLL AND VOID. THE ISSUANCE OF A PERMT BASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE CORRECTION OF ERRORS IN SAID PLANS, SPECIJ<ICATIONS AND OTHER DATA OR FROM PREVENTING CONSTRUCTlONOPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OFTHS CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS .JURISDICTION. THE REVIEW OF SUBMIITED PLANS AND SPECIFICATIONS AND INSJlECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN ACCEPTANCE OF ANY RESPONSIBILITIES OR LIABLITIES BY GARFIElD COUNTY FOR ERRORS, OMISSIONS OR DISCREPENCIES. THE RESPONSIBILITI' FOR THESE ITEJ\.1S AND Ii\-JPLEMENTATION DURING CONSTRUCTION H.ESTS SPECIFICIALLY WITH THE ARTICTECT, DESIGNEH, BUILDER, AND OWNER. COMMENTS Aim INTENDED TO BE CONSERVATIVE AND IN SUPPORT OF THE OWNERS INTEREST. Gnrfom.OOJ 1 HEREBY ACKNOWLEDGE TI-11\T I HAVE READ AND UNDERSTAND THE AGREEMENT ABOVE (INITIAL): (! t../...5 State of Colorado Oil and Gas Conservation Commission 1120 lilcoln Stroot, Su~a 801, Oanvat, CoiDfl_do 80203 !3031 894-2100 Fax: (3031 894·21 09 CENTRALIZED E&P WASTE MANAGEMENT FACILITY PERMIT Submit this Form and accompanying documents for each lacilily per Rule 908. Financial Assurance In the amount of $50,000 is required to operate each facility. OGCC Operator Number: ::="::':::::-n;::=:-::-r::::::::~-::--- Nroma of Os>erato• Antero Resources Piceance Corporation Homo end TelophoM: Fontenot Address: 1625 17th Street, Suite 300 Denver Surface OwMr (W different than lbove): Addren: 1831 Railroad Ave. City: Rifle Slate:...££..._ z~: 81650 PhOIIe: 970-625-3370 Facility Name: Brynildson Water Storage Facility Localion (QtrQII, Sec, Twp, Rng, Mer): Addr~:_N_~-------------~~----------- City: Rifle Steta: ~ Zip: ;;...81;.;.6.:.;50;..__ NWNW, Sec. 20, T6S, R92W, 6th Lalllixte: 14362119.2 North Phone: 1. 111118 lite In a aana•lve area? Ov llJN ( 2. What are the average •nnual precipitation and evaporation rates for the lite? Precioitallon: . 7 incheal)'ear Evaporation: 30 Inches/year 3. Haa 1 d"""'tion of U>e aile' a gonerallopogrophy, geology and hydrology been alta chad? ov ON •· Hu • ~tiOII of lh8 odi-n! land use been altached? IZJv ON I 5. Hao 1 1 :2•.000 topographic mop showing the site location been anachod? 0 Y 0 N 8. Haa a lite plan ohowrng drainoge panama, dlveralon ot containment llnrciurea, roada, fencing, tanka, pita, bulldlnga and any other pertinent conalrucllon details been attached? 0Y ON 7. K lite io not ownod by '£ii operator, II written authorization of tha aurfac:e I 8. Haa • ocaled drawing and aurvey showing the entire Mdion(a) D owner altachod? Y 0 N containing lha facil_ity been a11ached? [2) Y N 9. What mea~uru have been impiamented to limit accesa to the factllty by wikJiife. domnflc animall or by memberw of the publk:? Briefly eKplaln. 8ct~w B~lii!lll[&!il~ iol~c~a 112 iDliil~ll~:~ f:ibaiclio~ fecQ~ at!lliC1:i iba gatmitlfl[ cf lb!il fiiQUi~ 112 iLUHlW gmllilkliaclg 112"'1 ~ildliW ace liJ:fi§W!:i~ The chain link fence will also aid in the erotection and securi~ of the facili~ from unauthorized eersons form enterlna the site. 10. lolhore a planned firolane of at leall10 feel in width around the ocllvo 11. Is there an addlbonal buffer zone of at least 10 feet wHhin the treatment areas and within tho perimeler fenoa? (l]y ON oonmotor firellne? 0v 0 N 12. Have surface water diversion structurn been conltruded to accommodate 13. H11 a waa1e profile been calculated atc>rding to Rule 908.b.8? 1100-year, 24-hour event? (l]y ON (l]y ON 1•. Haa facility daoign and engineering been provided u required by 15. Has an operating plan been completed as required by Rule OOB.b.B? Rule908.b.n 0 Y 0 N 0v ON 16. HOI ground woter mon"oring far tho 0 ~n O~ad? -Attach Wator Anal\lsls Reoort Fonn 25, for each mon~orlna -II inatalled.- 17. Has financilll anura nee been provided aa requtred by Rule 704'1 tB. H11 a -ure plan boon provided? 0v ON (l]y 0 N 19. Have local government requirements tor zoning and conatruc:tion been 20. Have parm•a and notifications required by local governments and aotnplled with? 0Y ON other ogencioa been provided? 0Y ON Print Name: Steve Fontenot Signed: Tille; Operations Superintendent Date: OGCCApproved: -----------Tille: Date:------- CONDITIONS OF APPROVAL, IF ANY: Facility Number: \M NAME OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 303-866-3581 FOR OFFICE USE ONLY NO. WATERDIV: NOTICE OF INTENT TO CONSTRUCT A NON-JURISDICTIONAL WATER IMPOUNDMENT STRUCTURE 1 This notice is required per Section 37-87-125, C.R.S. (1998). DIST: This notice must be submitted to the Division Engineer's Office a minimum of 10 days prior to construction. (PLEASE PRINT OR TYPE NOTICE) OWNER INFORMATION Name: Antero Resources Piceance Corporation Telephone: (303\ 357-7310 Addmss: ____ ~1~62~5~1~7'~"~s~tr~ee~t~3'_•~F~Io~o~r--________ ~D~e~nv~e~r __________ ~c~o~-------------=8~0~2~02~----- Street/P.O. Box/ Rural Route City State Zip Code Responsible Person: __ _,S"'t"'ev~e<..!...Fo""n..,t,._en..,o"'t _____________________ Telephone: (970 \ 625-9922 Address: ____ ~7~9~2~B"'u~c~kh~o~r~n~D~r~iv"'"e~~--------~R~if~le~------------~c~o~------------~8=1~6"'"50~~---- Stree!IP.O. Box/ Rural Route City State Zip Code Contractor: ____ _,w.!.a,g..,o"-n'-'W=h><ee"'I-"C"'o"'n"'s""ul"'ti,_.,nq,.,_._l n..,c"'". _______________ Telephone: 1970\ 625-8433 STRUCTURE INFORMATION NameofDam:r=================================~~W~a~re~r~D~i~vi~si~o~n:========~W~a~te~r~D~i~st~r~ic~t======~" t. .-A YJ Y. Sect NW QtrSect NW Sect 20 , Township: 6S , Range: 92W , P.M .. 6th Jca ton: Distance of dam from Section lines2 1065 ft from oN o S. 213 ft from DE': ow Option 1 !-====:....::::::..:.:.:.:..:::.:.::.::==~==-----'==---....:..:..::.:::~:::..:...=:::........::.:.::...._...:..:..:.:.,:.::~::_..:=-------'~ OR Utilizing GPS: Set to UTM Datum. Measure on crest of dam at streamline/outlet. Option 2 -Northing 14362119.2 m. Easting 879184.9 m. Note: GPS settings must be NAD83 CONUS Dam Dimensions: Vertical Height _ _,8c___ft., Length: _ __.,_2,40,___ft., Slopes: U/S: _3_ H:1V, DiS _3_ H:1V Reservoir: Surface Area: 1. 96 acres, Capacity: ----"2"'6"'.4"'6 ___ .acre feet, Drainage Area: N/A acres Emergency Spillway: Width: ___ _,1"'-0 ___ ft., Side Slopes: __ _,3~---H:1V, Freeboard: __ _,2,___ft. 3 Outlet Drain: Type: -----.....J"'/"'A,__ _________ , Size: ____ ,inches, Location------------------ Stream Name I or Water Source:< ____ .!.P..ero,d,_,u,c,.ed,_,_W_,a,te,.,ruf"-'ro"'-m!.l...CN'-"a"'tu'"ra,I_,G,a,s-'W"'-"e"""lls Proposed Water Use: Evaporation/Storage and Recycling Water Court Case No. (If applicable) ______ _ Signature of Owner Date DIVISION ENGINEER'S REQUIREMENTS: ---------------------- DWR (12/98) Signature of Division Engineer Date 'Vertical height is 10 feet or less at longitudinal centerline of dam from lowest point of ground surface to flowline crest of spillway, and reservoir is 20 surface acres or less at high water line, and impounds 100 acre-feet or less of water. 2.See Example on reverse side of form 3 Vertical distance from bottom of spillway to crest of dam. 4 If construction in reservoir intercepts groundwater (note stream name that groundwater is tributary to), a well permit is required. 26 35 2 EXAMPLE 25 30 NW NE 31 NW -f.-NE Y. of theSE' sw sw SE V Dam location 6 «' 1- 1oooft. T2N I 1500 ft. T1N 1 6 R67W R66W Section 36, Township 2 North, Range 67 West (836 T2N R67W) Dam is located in the SE Y. of the SE Y. of Section 36; and is 1000 feet North of the South Line, and 1500 feet West of the East Line. ) COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER CO 80203 phone-info: (303) 866-3587 main: (303) 866-3581 ~ax:. (303) 866-3589 http://www. water.state.co.us lv'IONITORING/OBSERVATION Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue Ink or typed. 1. Well Owner Information ·Name Otweli.Owne-r --------------------------------------------------- Antero Resources Piceance Corporation Office Use Only I Form GWS-46 (06/2006) 6. Use Of Well ------·····-----------------------------------·-·-·-··--·---------·------ Use of this well is limited to monitoring water levels and/or water quality sampling 1-Mailing-addreSs---------------------------------------·--·--··----.,------··----j---;-~,..-;;c;::-;--; ______ -;-:-----------------1 7. Well Data (proposed) r~!~~uckhom ~r_i~: ____ -----,.,, .. ---r"p 00 ,,--------------------__ ::: ,,,.,-----------~:~t--T:~ ;~::~~e--------------- ri Rifle ________________ [_~ 81 ~~~------------------~:-~~~!~~~~~~~~~-~~~_l!c:_Ei_t::E!L _____________ _ Telephone# j E-Mail (Optional) Name of contact person J (970)625-9922 j sfontenot@anteroresources.com Cody W. Smith ; !:!_ype Of Appl_i_~_atio_n__~~~ck ~[>plicabJ~_box~~--------------com.;;;;;,,.m,------·-------------------··--···-···-·-------------- i 0 Use existing well i [8J Construct new well 0 Other: 0 Replacement for existing monitoring well: Permit no.: Wagon Wheel Consulting, Inc. --------------------·------·-------·---------------------·---------- Mailing address Ill E. 3rd Street, Suite 213 1--;;3:-. -;:;R;-e-;:fe-r...,T=o-;(-;:if"'a"'p"'p""li"ca""b"'l,.e'") --------------f-::c~;,:,:------··---------------------$;;,--·--------,,-, c-,,;·----·- ::i~oring hole acknowi&dgmeiiil----------~wiioomooi# _______________________ --~-.:-~~-. ------------------~Q ______________ ~~_?.9_ ____________ _ -~I,_C)_cation _Q_f_!'!_<?£!1~-~~-)/_y~ell ____ __ _ __________ ___ (970) 625-8433 "o"'ty 9. Proposed Well Driller License#( optional): ,arfleld NW 114 '11h• NW 114 10. Signature Of Well Owner, Consultant Or Authorized ~~~_,-_--] _r_; ___ ·_h•o---~,~ -;~··---~-~-~: J_::c~_,,,_,._''"_d~an_-_____ -__ -rhe·tfk~~~Ot-ta-rse-statements--he-reirl-co_n_s-titU-te-s P6i]UI-y_i_n the··seColiCT-- -_ ___ _ _ _ degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents 4821 Ft from cgj N 0 S 3711 Ft. from 0 E cgj W Sign here {Must be or/gfnafsignature) Date Distance of well from section lines (section lines are typically not property lines) Jh~!.§!Of and st~te thlllt~:t-~re true to myj<no!:YJ~~g~------I·------------- i'OiiOi>taooment ..-,,,o,,,-o;,,,;;;;;;-o;,-,;;oiiTonfiomOi<fwOtiio;;owweu-------------~-_ . ~---------------_1 __ ~_),{!!_~[;(!}_ feet direction Print na ( title ·w-;;iik:~tion ad~~;;(l;lude City~State, Zlj;)-TICh~if~ll add;ss is sa~;·;~Jt~-1~---~ /' tJl>V -LJ. _6m .~ f-h _ :5e_n :cr(2_ pep f'r'h+leiz./an ,o a!J.I. _1!_!:____________________________________________________ ____ Office Use Only ~ -~~~;~~: c~:! ~~~-~~~i~o~ ~~:::~;~~n~:r:sf~o~~s: -usGsmap naffie-------------------·-·roWR map·no:----------~--sur;oce-eiev~----------- Format must be UTM _j 0 Zone 12or m1 zone 13 Units must be Meters Datum must be NAD83 linit must be set to true north [ Was GPS unit checked for above? [8J YES Easting 879352.1 Northing 14362706.2 Remember to set Datum to NAD83 5. Property Owner Information r---N~meor property cmne;·------------------------------·--------------------------------- j Scott and Linda Brynildson !--~~~~~-~~~~~~------------------------------------------------------------------------------------------ 1831 Railroad Ave. I Rifle Telephone# (970) 625-3370 State Zip Code co 81650-3203 ----------------------------_____________________ ..J _____________________ _ Receipt area only DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES GWS-46 MONINST (06/2006) MONITORING/OBSERVATION WELL PERMIT APPLICATION INSTRUCTIONS Applications must be typewritten or printed in BLACK or BLUE INK or typed. ALL ITEMS in the application must be completed. Incomplete applications may be returned to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. FEES: This application must be submitted with a $100 filing fee. {The fee for an application to replace or deepen an existing permitted monitoring/observation well is also $100.) Acceptable forms of payment are check or money order, payable to the "Colorado Division of Water Resources", and Visa, or MasterCard (card number and expiration date must be provided on a separate attachment). Fees are nonrefundable. USES: This form (GWS-46) is to be used when applying for a permit where the only uses are monitoring of water levels and/or water quality sampling. For well construction criteria refer to the Colorado Water Well Construction Rules, 2CCR 402-2. A copy of the Rules may be obtained from any Division of Water Resources Office for a fee of $5, or you may refer to our web site at http://water.state.co.us. ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form} 1. Provide the name of the well owner and the mailing address where all correspondence will be sent. 2. Check and complete all boxes that apply. 3. Provide the MH number assigned by the Division of Water Resources in response to the notice of intent to construct a monitoring/observation well. Complete the well name if the structure has a name or identifying number. 4. The county, Y. of the Y. section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. This information is critical in the evaluation, and error or omission may cause a delay. In a typical case, a township is comprised of 36 square section miles, with each section ideally one mile square, or 5,280 feet on each side. Sections are further divided into quarter sections. Each Y. Section is 2,640 feet square and comprises 160 acres. Each Y. section can be further divided into additional quarters. Each Y. of the Y. Section is 1 ,320 feet square and comprises 40 acres. The distances are measured from the section lines. In the following example, the well is located 2,500 feet from the South Section line and 1 ,400 feet from the East Section line: I 5280ft T 2640ft f l 1320ft 1. North 8lcllon lila ' NW1/4 NE1/4 ~ \ ~ 1·-····-·····-···-+-···-··:·····----1 J : NW1/4 : NE1/4 'I I : SE1/4 I SE1/4 Ill ~--------~-------- : SW1/4 : SE1/4 • SE114 : SE114 : ' ' ' SW1/4 Saulh 8lcllon Lhl Well Location Example: NW1/4 of the SE1/4 of Section 3, 2500 feet from the South and 1400 feet from the East Section Lines respectively. (An option to providing distances from section lines and theY. of theY. section designation is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form.) Colorado contains two (2) UTM zones. Zone 13 covers most of Colorado. The boundary between Zone 12 and Zone 13 is the 1 08"' Meridian (longitude). West of the 1 08"' Meridian is UTM Zone 12 and east of the 1 08'" Meridian is UTM Zone 13. The 1 08'" Meridian is approximately 57 miles east of the Colorado-Utah state line. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone. Provide the property address of the well location if one exists. If it is the same as the mailing address, check the box next to the well location address. 5. Provide property owner information. 6. Use of this well is limited to monitoring water levels and/or water quality sampling only. 7. The actual or anticipated total depth must be provided. Provide the name of the aquifer in which the well will be completed. 8. Provide consultant information (if applicable). 9. Monitoring/observation wells must be constructed by a Colorado licensed well construction contractor or authorized individual, as defined in the Well Construction Rules, 2CCR 402-2. Only a licensed contractor may construct any monitoring/observation well that penetrates a confining layer, or, is to be converted into a future production well. The well must be constructed in compliance with the Well Construction Rules, unless a variance has been approved allowing an alternative construction design. 10. An ORIGINAL signature of either the well owner, consultant, or their authorized agent must be on the application. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945-5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at http://water.state.co.us. COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER CO 80203 phone-info: (303) 866-3587 main: (303) 866-3581 ~ax: (303) 866-3589 http://www.water.state.co.us )~ONJTORING/OBSERVATJON Water Well Permit Application Review Instructions on reverse side prJor to completing form. The form must be completed In black or blue Ink or typed. 1. Well Owner Information -·;;,-am&OfwetiOwner___ -·-·---------------·-----·------- Antero Resources Piceance Corporation 0 Use existing well 181 Construct new well D Other: 0 Replacement for existing monitoring well: Pennit no.: Office Use Only I Form GWS-46 (06/2006) 6. Use Of Well ~------····------------------------··-------·---------------------------- Use of this well is limited to monitoring water levels and/or water quality sampling Ill E. 3rd Street, Suite 213 ~-=--=-~-=--::-:---:-;-..,..,....,--------------l·------------------------------··--------.... -.. ------·--·--------- 3. Refer To (if applicable) cn, s"" z;pcoo• -·Monitorii1Qti0i9 acknowledg~--·--wetl name or#--·--------··-----Rifle co 81650 MH-Telephone# 4. Location Of Pronosed Well (970) 625-8433 ~'--· ---------"----~-... ------------------· ----------l-*s.--;P~r-=-o-p<o-s::-:e:-d;-;W=el;;-1 -;;:D-,ri;-;-lle-r""L-;ic::-:e:-n:-s-::-e-:;;#;-;-( ,o--Jp-;;tti'=o-=-na~l~)::-------i .arfield NW 114 '"h• NW 114 10. Signature Of Well Owner, Consultant Or Authorized ~:''" -----1 r;wn'"•--~ ~ -:~•· -~; J·::''i "'"'"" -I-n;;;·~~~ tot talseS!aiemeniS.ilereiilconSi'iili'ies perju,Y.fii'tfie.secOriCi ___ _ degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. ----------· ----------------------24-4-1 04 (13)(a). I have read the statements herein, know the contents Distance of well from section lines (section Jines are typically not property lines} .!_h_~~-Qf an_~_ state J!l~J.b~.!~e true t<?J:!!Y._~no~!~9§!..:...__ --------------- 584' Fl from I8'J N D S 10' Ft. from 0 E [8] W Signhere(Must be original signature) ~ie ForreptaCemeiiitweH""s-Onry--diStance anddirEiCtioo frOffiO"i(fW6tiiO"ri6WWEiii-----------------~ 4.,~-----.. _________ Ud~~-Q.'Z_ feet direction Print ''t'me & ti!le ·weu~~tion ;dcte;;(tnct;;decit~State, ~-OChecklf...;;u add;;-~-;;-~;asltem 1. . ,/1 1 nv I. 1 ~ ,1+1;.. __ t)pf'l ;aQ Peo.._rn,'../.1-,a.o / IJI"!.P.1 J.l. _]\/_!_~---· .... ---------------------.. --------------Office Use Only u J~~~;;;_:~: ~~~~~~; ~~;7r::~~;n~;~,~~~~~s "usos mi 0 o.m;-·--------· -----Tw" m•p·n,-----ISurtace~------ Format must be UTM 0 Zone 12 or ml Zona 13 Easting 87898 S.Q ------·---------~rFfe-c"eij)tarea onlY-----------------~----- Umts must be Meters Datum must be NAD83 Northing 14362617.5 Unit must be set to true north Was GPS unit checked for above? [8J YES Remember to set Datum to NAD83 5. Property Owner Information -·Name·OfproPSrtyowner---------------·----.. ---------------------·--------------- Scott and Linda Bryni!dson Mailing address 1831 Railroad Ave. State Zip Code Rifle co 81650-3203 Telephone# (970) 625-3370 ! ! .... -----__ , ___ , _____ ,, ___________ .............................. .. DIV WD BA MD COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES GWS-46 MONINST (06/2006) MONITORING/OBSERVATION WELL PERMIT APPLICATION INSTRUCTIONS Applications must be typewritten or printed in BLACK or BLUE INK or typed. ALL ITEMS in the application must be completed. Incomplete applications may be returned to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. FEES: This application must be submitted with a $100 filing fee. (The fee for an application to replace or deepen an existing permitted monitoring/observation well is also $1 00.) Acceptable forms of payment are check or money order, payable to the "Colorado Division of Water Resources", and Visa, or MasterCard (card number and expiration date must be provided on a separate attachment). Fees are nonrefundable. USES: This form {GWS-46) is to be used when applying for a permit where the only uses are monitoring of water levels and/or water quality sampling. For well construction criteria refer to the Colorado Water Well Construction Rules, 2CCR 402-2. A copy of the Rules may be obtained from any Division of Water Resources Office for a fee of $5, or you may refer to our web site at http://water.state.co.us. ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form} 1. Provide the name of the well owner and the mailing address where all correspondence will be sent. 2. Check and complete all boxes that apply. 3. Provide the MH number assigned by the Division of Water Resources in response to the notice of intent to construct a monitoring/obseNation well. Complete the well name if the structure has a name or identifying number. 4. The county, Y. of the Y. section designation, section#, township, range, principal meridian, and distances from section lines for the proposed well must be provided. This information is critical in the evaluation, and error or omission may cause a delay. In a typical case, a township is comprised of 36 square section miles, with each section ideally one mile square, or 5,280 feet on each side. Sections are further divided into quarter sections. Each Y. Section is 2,640 feet square and comprises 160 acres. Each Y. section can be further divided into additional quarters. Each Y. of the Y. Section is 1 ,320 feet square and comprises 40 acres. The distances are measured from the section lines. In the following example, the well is located 2,500 feet from the South Section line and 1,400 feet from the East Section line: I 5280ft T 2640ft f l 1320ft .l ' NW1/4 NE1/4 : ~ 1-----------·----.. ~-------.---------i I : NW1/4 : NE1/4 ~ : SE114 : SE114 ' ' SW1/4 ~--------~--------' ' j SW114 : SE1f4 I SE114 : SE1/4 ' ' : ' Soulh Sedlon LD Well Location Example: NW1/4 of the SE1/4 of Section 3, 2500 feet from the South and 1400 feet from the East Section U nes respectively. (An option to providing distances from section lines and theY. of theY. section designation is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form.) Colorado contains two (2) UTM zones. Zone 13 covers most of Colorado. The boundary between Zone 12 and Zone 13 is the 1081h Meridian (longitude). west of the 108~ Meridian is UTM Zone 12 and east of the 108 1h Meridian is UTM Zone 13. The 108~ Meridian is approximately 57 miles east of the Colorado-Utah state line. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone. Provide the property address of the well location if one exists. If it is the same as the mailing address, check the box next to the well location address. 5. Provide property owner information. 6. Use of this well is limited to monitoring water levels and/or water quality sampling only. 7. The actual or anticipated total depth must be provided. Provide the name of the aquifer in which the well will be completed. 8. Provide consultant information (if applicable). 9. Monitoring/obseNation wells must be constructed by a Colorado licensed well construction contractor or authorized individual, as defined in the Well Construction Rules, 2CCR 402-2. Only a licensed contractor may construct any monitoring/obseNation well that penetrates a confining layer, or, is to be converted into a future production well. The well must be constructed in compliance with the Well Construction Rules, unless a variance has been approved allowing an alternative construction design. 10. An ORIGINAL signature of either the well owner, consultant, or their authorized agent must be on the application. IF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water Information Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945-5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845), or refer to our web site at http://water.state.co.us. Part I. PROJECT DESCRIPTION The Brynildsen Water Storage Facility will be used by Antero Resources Corporation (Antero) to store flow back and produced water from natural gas wells drilled within Antero's production area. The production area is located primarily east of Rifle, between Rifle and Silt along the Colorado River and 1-70, and in areas south of Silt. The drilling, completion, and production operation of natural gas wells generates water with higher chlorides, commonly referred to as flow back/produced water. A portion of the flow back/produced water from Antero's well sites will be stored for reuse. The recycled water can then be used for continued well drilling and completion work, thereby reducing the demand on fresh water supplies. The proposed Brynildsen Water Storage Facility will be constructed as a single pond with a capacity of approximately 205,287 barrels. Flow back/produced water will be transported by water-hauling tanker trucks to water storage tanks located at the Water Storage Facility. Initial water treatment will occur at the storage tanks, t primarily consisting of skimming to remove petroleum constituents. Flow back/produced water will then be sent to the water storage facility. During the life of the facility, it is possible that a water treatment system may be used to lower the concentrations of Total Dissolved Solids (TDS) and other constituents in the water. Hydro carbons or petroleum constituents will be collected and stored in a storage tank located at the facility, then hauled off by tanker trucks. The recycled water will be transported to Antero's well sites as needed by utilizing water-hauling tanker trucks. A pump will be used to transfer water to or from the tanker trucks at the facility. A building will enclose the water pump and associated electrical controls. The pump building will be utilized to protect the control systems from weather and corrosion as well as providing sound damping for the water pump. The expected footprint size of the building is ten (10') feet by ten (10') feet and will be located on the facilities access pad. The building is a static structure and integral part of the finished facility. As such, it will have the same general characteristics as other permanent structures at the site, in terms of use and hours of operations. The proposed Water Storage Facility will be permitted concurrently under the authority of the Colorado Oil and Gas Conservation Commission (COGCC). The process for obtaining a centralized E & P Waste Management Facility permit is currently under way. Antero will maintain compliance with the conditions and regulations of all Federal, State County and Local governing agencies. Antero will insure that the facility operator(s) must be familiar with the conditions placed on operations of the facility. ANTERO RESOURCES PICEANCE CORPORATION BRYNILDSON WATER STORAGE FACILITY IMPACT STATEMENT A. SECTION 5.03 REVIEW STANDARDS: 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. The proposed facility is designed to utilize an electric pump to transfer water from the tanks to the pond and lighting for safe working conditions as well as for security of the site. Thus, requiring electricity to be ran to the facility. There are several overhead electric lines located immediately north of the proposed facility that will minimize the impacts from running additional utilities to the site. No additional utilities such as sanitation or water will be required for the operations of the facility. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed with the proposed use. Traffic to and from the site will utilize County Road 315 which has adequate improvements to accommodate the traffic volumes estimated for the proposed project. Antero agrees to comply with all Federal, State and Local regulations governing traffic. Antero has and will continue to work with Garfield County Road & Bridge regarding street improvements and maintenance issues. Traffic will utilize existing access roads on private lands that have been constructed to accommodate traffic related to Oil and Gas operations. Maintenance on private access roads will be accomplished through the cooperation efforts between Antero, EnCana Oil & Gas, and Barrett Resources. 3) Design of the proposed used is organized to minimize impact on and from adjacent use of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner to protect established neighborhood character. The proposed Water Storage Pond will be contained within a soil embankment. The external sides of the embankment slopes will be re- vegetated once construction has been completed. The proposed site of the facility is located in an area where Oil and Gas production activities currently exist. The pond will be located immediately adjacent to an existing natural gas well pad and where minimal livestock grazing operations exist. The proposed water storage facility is expected to have very little if any impacts or change to the established neighborhood characteristics. B. SECTION 5.03.07 INDUSTRIAL OPERATIONS: 1) Existing lawful use of water through depletion or pollution of surface run- off, stream flow or ground water The proposed Brynildson Water Storage Facility will store only produced water associated with the completion, production, and development of Antero's natural gas operations. No fresh water will be stored in the pond. The proposed pond has been designed as a no discharge facility and to maintain two (2) foot of freeboard at all times, eliminating the risk of discharge to surface water. The pond is designed to protect ground water as well. The proposed pond will be equipped with a 60 mill polypropylene liner along with an internal leak detection and recovery system. Antero intends to install two monitoring wells down slope of the pond to monitor the ground water. 2) Impact on adjacent land from the generation of vapor, dust, smoke, noise, glare, or vibrations, or other emanations. The proposed water storage facility is not expected to generate any levels of vapor, dust, smoke, noise, glare or vibrations that would impact adjacent lands. 3) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Please see Wildlife Survey section of Special Use Permit Application. 4) Affirmatively show the impacts of truck and automobile traffic to and from such used and their impacts to areas in the County. Traffic volumes within the immediate area around the proposed facility and County Road 315 are expected to have very minimal impacts. Truck traffic will be limited to use only those county roads that Garfield County Road & Bridge Department has specifically designated for Oil and Gas truck related traffic. A noticeable rise in traffic volumes is not expected due to the current traffic volumes related to the Oil and Gas industry in this area of the county, also known as the Mamm Creek Production Area. County Road 315 is a main access route to numerous wells and facilities around and south of the proposed facility owned by other operating companies. Traffic volumes to this portion of the Brynildson property will be noticeably higher due to there is only one well pad located on the northern border of this property. During maximum use of the facility and in emergency cases traffic volumes can be expected to rise as high as 132 round trips. This will not be the norm for the daily operations of the proposed facility. Future expansion to the facility may entail the installation of a water transfer pipeline to the site to minimize the traffic volumes. 5) That sufficient distance shall separate such use from abutting property which might be otherwise damaged by operations of the proposed use(s). The proposed facility is located approximately .5 miles east of the closest residence. The facility is not expected to have any adverse effects on any of the abutting properties. 6) Mitigation measures proposed for all of the forgoing impacts identified and for the standards identified in Section 5. 03.08 of this Resolution. Please see following Section 5.03.08 for mitigation measures. C. SECTION 5.03.08 [Industrial Performance Standards]: Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statues at the time any new application is made. The proposed facility is not expected to produce any levels of noise that could be heard by adjacent land owners. The electric pump that will be used to transfer water to and from the pond will be housed in a small pomp house which will assist in mitigating noise levels. The sound level of noise emanating from the facility will not exceed the 75 decibel maximum set forth in the Colorado Revised Statute 25.12.103. 2) Vibrations generated: every use shall be so operated that the ground vibration is inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. The only portions of the water storage facility that are expected to produce vibrations are the transport trucks and the electric water pump. Any vibrations caused from the operations of the facility are not anticipated to be perceptible with or without instruments out side the boundaries of the facility or property boundary. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations, and standards. The proposed water storage facility and its operations are not expected to produce any emissions of smoke or particular matter. Although no emissions are anticipated Antero agrees to comply with all Federal, State, and County agencies laws, regulations and standards governing air quality. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that is does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by laws as safety or air pollution control measures shall be exempted from this provision. No emissions of heat, glare, radiation or fumes are expected to result from the operations of the facility. The pond will be contained within an earthen embankment and any glare from sunlight off the water surface is expected to reflect in an upward direction and should not be noticeable by adjacent properties. Daily inspections of the pond and facility will be completed by Antero personnel to insure that no hydrocarbons or oily substances which may cause fumes or smells are coming from the pond. In the case that substances are found on the pond, they will be immediately pumped off to eliminate any risk of emissions. The proposed facility equipment such as tanks, piping, mechanical equipment, etc. will be painted a beige color to blend with the surrounding terrain, and to mitigate the impacts of the facility. 5) Storage area, salvage yard, sanitary landfill and mineral disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the Federal, State and Local Fire codes and written recommendations/ comments from the appropriate local protection district regarding compliance with the appropriate codes; No storage of flammable or explosive solids or gasses is anticipated to occur in association with the proposed special use. If needed these materials will be stored in accordance with accepted standards and laws and shall comply with all Federal, State, and Local Fire Codes and written recommendations. b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent properties. Antero intends to construct a chain link fence around the perimeter of the pond to eliminate the risk of wildlife or livestock entering the pond. The fence will aid in security of the pond to prevent unauthorized persons from entering the pond portion of the facility. c) No materials or waste shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; The proposed Water Storage Facility is designed as a no discharge facility and will be operated to maintain a minimum of two (2) foot of freeboard. No uncontrolled release of stored water from the pond is foreseeable. d) Storage of Heavy Equipment will only be allowed subject to (a) and (c) above and the following standards. 1) The minimum lot size is jive (5) acres and is not a platted subdivision. 2) The equipment storage area is not placed any closer than 300ft. from any existing residential dwelling. 3) All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4) Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors the hours of 8 a.m. to 6 p.m. Mon.-Fri. 5) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of way. No heavy equipment storage will occur in association with operations of the water storage facility. Heavy equipment will be temporarily parked at the proposed location only during construction of the facility. Once construction has been completed all heavy equipment will be removed from the site. e) Any storage area for uses not associated with natural resources shall not exceed ten (1 0) acres in size. No additional storage areas unassociated with the proposed use or natural resources will occur. The proposed water storage facility is associated with the production and development of natural resources more specifically Natural Gas. f) Any lighting of storage areas shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Antero intends to install lighting for the operations and security ·of the proposed facility. Lighting will be installed at the pump building as well and will likely include one (1) small outside and inside light as needed to provide a safe work environment. Antero will insure that all lights are pointed in a downward direction if during use as to not disturb adjacent landowners. 6) Water Pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with Regulation of the Environmental Protection Agency before operation of the facilities may begin all percolation test of ground water resource tests as may be required by Local or State Health Officers must be met before operation of the facility may begin. The water to be stored within the pond is classified as and Exploration and Production (E&P) waste material associated with the production of natural gas. This water is subject to the regulatory authority of the Colorado Oil and Gas Conservation Commission (COGCC). Neither the U.S. Environmental Protection Agency (EPA) or the Colorado Department of Public Health and Environment (CDPHE) have regulatory jurisdiction over the proposed pond, besides for Storm Water Management Regulations. The proposed water storage facility is being permitted concurrently through the Garfield County Special Use Permit, the COGCC Centralized E&P Waste Management Facility permit, and the Colorado Division of Water Resources for Notification to Construct a Non-Jurisdictional Pond permit processes. Antero is planning to construct two (2) ground water monitoring wells as added protection to monitor ground water below the ponds surface. The proposed pond will be equipped with a leak detection and recovery system located under the pond liner as well. The monitoring wells will be check on a quarterly basis as required by the Colorado Oil & Gas Conservation Commission. All results will be submitted to the proper agencies for recording as well as a copy kept on file with Antero. Containment I Pond ·Volume !Project Name: . IPrc>J No.: ID~te: .WG IAL"o o:"'"''" 2 Name of Pond: CONTAINMENT POND I ~~[] .... : ..... ·.~ ........ -.·'' ........ :.:. . ·•.. . . .. -: '" .. isJde: 13to1 HtoV ~~~~~[De~pth~-+------~~--~DT+t=_;2~2~ .. ~oo~~~:~~-------~----~ ld=_FJuid Dep~h--:'"·. ______ .. d = 20 fA~~~~ :~· ~ ~~~~~o f'll,m~~~~ondiE. Are~a~ Area~=t=· --=-· i~~~ii =~~~·~::.~~:· ~~~~ ~t ~ = 'are< Am= ...... ----+----1 ~~~~-r-------+----~_ .. Am =~ ~~=-~ I Top of Berm ToP Berm EL ~4.00 I= 2.00 Feet I· .. .. . -------+---+-------+-----1 1----------+--------f---------+----------jf-----+-------· ... 1--...... -------+-·-----1-----+--------1--------1 ~~*~~~~E:i·-~ ~~·li!· $1 ~--.J!j~~--,._ ·.,-,:,:o,•-:f.'· V= .JL.(A1 +4Am +A2) I Formula _1 ____ 1 16 Page 1 Prismoidal Formula ANTERO RESOURCES PICEANCE CORPORATION BRYNILDSON WATER STORAGE FACILITY ADJACENT LANDOWERNS 1. Scott & Linda S. Brynildson 1831 Railroad Ave. Rifle, CO 81650-3203 Parcel# 2179-301-00-522 2. Eddie B. & Denise L. Elder 1156 County Road 352 Rifle, CO 81650 Parcel# 2179-192-00-609 3. Eye-Seventy LLC 8170 W. Sahara Ave., No. 202 Las Vegas, NV 89117 Parcel# 2179-192-00-608 4. U.S. Real Estate Development & Investments, LLC P.O. Box 1476 Rifle, CO 81650 Parcel# 2179-192-00-718 5. EnCana Oil & Gas (USA) Inc. 950 171hStreet, Suite 2600 Denver, CO 80202 Parcel# 2179-193-00-128 6. Bruce J. & Ann Dee Snode 2730 South Grand Ave. Glenwood Springs, CO 81601 Parcel# 2179-184-00-418 7. Patricia L. Lee 1000 County Road 352 Rifle, CO 81650 Parcel# 2179-184-00-419 8. Specialty Taverns, Inc. 8191 East Kaider Blvd. Anaheim, CA 92808 Parcel# 2179-184-00-720 9. Craig & Diana Vardaman 1065 County Road 315 Silt, CO 81652 Parcel# 2179-173-00-679 10. TG Land Company, LLC P.O. Box452 Glenwood Springs, CO 81602 Parcel# 2179-201-00-510 11. Gilbert Ramirez 4685 County Road 346 Silt, CO 81652 Parcel# 2179-201-00-665 12.~anue1Anchondo P.O. Box 1461 Basalt, CO 81623 Parcel# 2179-201-00-666 13. ~artin R. & ~aria R. Herrera "16 ~arble Court Carbondale, CO 81623 Parcel# 2179-204-00-667 14. Roberts E.# Joely L. Larsen 1188 Eagle Springs Ranch Road Silt, CO 81652 Parcel# 2179-204-00-668 15. Board of County Commissioners Garfield County 108 81h Street, Suite 213 Glenwood Springs, CO 81601 Parcel# 2177-241-00-476 Parcel# 2177-134-00-205 16. Airport Land Partners Limited 312 AABC, Suite A Aspen, CO 81611-2568 Parcel # 2177-243-00-398 17. Specialty Taverns, Inc. 8191 East Kaider Blvd. Anaheim, CA 92808 Parcel# 2179-174-00-686 the above described Dated this ·~ day of·..!· Jill~~-~----~~> State of Virginia) ) ss County of Hanover) .... a·; . .,~er co . ' \ I • -· J ' '-~,' ·.Jl.: .. ··"";;c·~(iness my hand and official seaL 3(~-~ · ... ·.·. \;~i.J:~8~ilee:wp51/1810·off.wp51/col·dee.wp MyOGmmlsslon Explr.. !11~ .J ~ ltf"/Y Sec. 18: $ec. 19: SEI/4SE1/4; V.I$II•1J·P wrsum Lot 2, Let 4, N£1/4, El./tw/4, SIWtfi.,, Sec. 20: All t~ part 1y1!1f *Wfit llf ~ «jjj ..... >41 tt new 11dsts; .. ·· · ·· .. Sec. 29: Afnc:t-.:1. '1.' ... !/'.·~··*.'·.·.:~ .... • ... !'1. ... ·.1~··.· .. ' .. ··.· .. •.···.··.' IJil/4 --·••• o · . ¥ ... ~.-· ft•• . · I ·.. > · .·. ' Sec. 30: N£1/4, Lot I, tOt i; Except lng and contained In eas•nts thereto or ExceptIng a 11 watFer and mln~~ral r'lgilts. Initialed For ldentif1Gat1on: lilO-d&e .wp51/ 1810-off, tljlil./}810. det ,tlflil DEED OF TRUST PAATlE&: ft':111 DM4 ot T rUIIt i• m.do$" •Jn ~~ .lQ,~_ l~9;i , .mong tM Gr~ntor, _ SQliT W,_ ~-Ati:L_ l..lJil.'.. ru:; llll:mll,J;l;QI C8orrowor"), tM P\Jt.olic Truue• of~ County, in !too Strlt~ of Colot~·J i~Trus!elll~i. and th~o BtfiO"flciary, . .RB:l.i.~ .Bt\NK. Qf.J:J:IJ~)_,___lf~A., WM'"""''-·;· .l542 ~.AVE, -JlQX75.2 . .Rif'LE,_j;(L lll§2Q__ !"lende-r·). COHVEYANCE: Fvr valuo rocoivod, BNtower mevu.::ably {,lfllfltll a-nd <.:OfW6V11 to :nJ•tee. in t/U$1, with power of sale. the ro .. o-etete d....criDeod b6luw and 1:11 rtght~>, .sello-mlllnt,, -llj:)purtoruux:o-,., ronh. lea-ns 4n.d oxi1nina 11oM future impro ... e-JWont& and fixture• laj! called th.e •property~) . llOARO\-"f'l~'S MAJUNG ADDRESS: J.!Dl :R,~JI.R:W) A~ . m_ __ _ !U§2\L __ _ (Su...-rJ :l•.._•J !Z$ C< Mi PROP£RTY ADOA£66-.j_B) l. MIJ~ .A~ !~tru!J lfQAl DfSCF.tpT!ON SEE E.XHIBIT I A J ATi'AOiED HERETO AND }.W)E A PARI' I--IEREOF. -----.-~--County, Ct>lor&do. T!TLE:8.6:nw!l: cove-Mm1s ;,r:d ll'arran~s title tv th!lo propertv, e)(r:ept for oncumbrencea of recvrd, municipal end zoninQ ordinances, current ti!XI>.~ ow::J a,-;~sssmenls r.IA ver due end .DEI:D OF 'IRlJS1' F'OR_'Il:IE_WE____Qf __ CENIRAL BANK ~ OI: lli, QQQ_.Di\J']'I: .l?-4-·92 ~ 12-lo-92 ______ _ SECURED DEIH: Thrs dt~~~~d of trust ::1!'1-CUTflll. to l~t'ldcr repayiYlent of the socur&d de-bt and the per/ormance of the covenants and aoreoments contein~d In this daed of trust <1nd in anv otMr document itworporat&d herefn. Secured debt, !If; us6d in this da&d of trust, indudea any &11\'JUnts Born·wer owes to lender ul'lder thi4 deed of tru•t or und" aov instrument secured bv thi• deed of trust and aU tnOdifice.tion«, e:.:ter;sivr,s ana renewal-: thereof. The 11/.lcl!r&d debt-is evideMed by (Ust all inttrumtmta end aoreMnentJ secured by this C:&&d of truvt and ""'" '""""'-d'!~!LSSORY.~...Ili',_TI:IL2:-1D-95__ll!--'ll!ll AM:XNr . .OF $140. coo, 00 ~_ID'___ ____ $CUlT W. !lRY!ln;::ro!NID ~_Q!JKBRYIUTOO'll _________ _ ;"f,., dl:>o•Je ot>hg<:tion ·~d.._ to orvJ p<tyable on. -~~~-' _ _129--'~--~-·~·---~-___ ~-------______ . ___ if n-ot p~t~d ebrlier. Trre ru1,;,! unpa1d b>:t~imce sa-cured by this do lid of trust n any ont1 time sheoll not e)(ceed e maximum principal amount of~----~-- lili'N(..FJ'V __ ~ n:p:J_~_Am!.IDflOO*_ -~-~-~·--~-~~:! ___ Do!lsrtt$ _l-_40.000.00 ___________ ), ~uslnti!Host, ;.;:.J·o ~ny amounts d~;1bursiJd under tho term~ of thi• do\td of tru11t to protect the socuritv of thia dead of ·.rust or tu per1crm any of th-t- •;t,·/.~n.or.t:: conlamed in th!-'1 de'!ld of trust, ...,irh inttHeSt on such disbursement. ;·Jfultlrll' Advances· The ;.b:;v;!: d<lht is secur,d ~von though all or part of it may not vet be &dvan<-e:( Future adVances are contemplet&d "'"J will br:~ to<lcur"d l'J en" """me ~x!enl 115 if made c.n the date this d-at.d of trcst is ex~r..u'.ed . . _;V...,ieble A.ate: ·rh~ '"Jeres! rate on tt>e obliga'tion secur~d uv this de!Kl of trust mav vary >1ccording to the turms of that obligation. ].-<copy ol thlcl loan dQHH~ment ctmtamina the terms under which the interest tate may WltY is att.,ched to this dead of trust and rndd>l a part h;;,rtlof 0 SI•JNPTUR.ES. By •ignin~ below. Bo-rrower agr••• to the term• and covtlnantw.cOfllained in th~ dud of tru•t. kscludin; tho.-..e on page 2 and j- ar ( dr:~r~ •ugr141d.)ly BorrOWI!Ir descnbed cbove Borrower ... o acknowl•dgo• reo::o!p1 of a copy of trn. deed of trust EW-;-;___.,.---__~~/-::~-?.--j~ ~--Q_X_;__ ~'-: '!_(_!:____~'...:.-L )~ ·-~~-,_ · _[~~-<.LY---~- ~Y.:01'I' W-BRYNILost-..1~ LINDA SUE BRYNIWACtl :.c:KNOWLEDGMENT; STAT!: Dr C.Oc.:)RADO, GI\RfiET1J . County !<H: Tl.i~ •n~tr•Jmenl Wd~ ,,·,bwWit>dg ... J:t•ltl rne this ____; t,~ .'.!. day oi '---'. • .! ·---c.l- o·.,-_SCOff W. BRYN;:!:J)J::·~J, WQ J,J}[\1\ WE J>RYNI!.P$1;l!'l .,., .... , .. , -""·'"··~'-" - COVfNA!Itl'S 1. P;;,yffi4ntll. Borrow<~r agt<:<iS tc milki 'I peynwnt-s on th"' s<~cL\re.d dabt whsn duu. Unl~soJ SorrowtH And l&tlder o~gr6d oth&rwisa, any paYf'rlOt•ts Land&r to~<:uh!6S ft.:m'! BomJWt>l or Yo~ eorrower's bana-fit will b& oippliad first to any bl'l'iounts Borrowar owes on tha socurc.d dot~bt (t~xclusiv" of :flt-JrMt Ot prind~~.otJ, s~Ml'ki to i;;tt~ra::;t, and t!ldn to principd!. If partial prepaymi''lt of th& sacurW dabt occurs for any r'ason, tt will not r~:tdur,., o.r e:.:cusa ~:w schadu!&d pa\'-.YI<5nt Uld! tha ~octHiid db!.lt is paid in fdl. 2. Claim& A!,1.aiMt l'itk. Bortuwar will pay &!l taxes, asst:>ssmonts, snd othsr oharg;,s awibut&ble to the propbtty when due and wHI defend title to tho proporty Bl}fl•nst any claims which woulG ;u-.palr th<} lien M tJ·Jo:: de,ed of t1ust. Lande~r m<W require So:.rrowsr to a~sign !3MY tights, cltJims ,,, d<lftm~as whloh Borrower may have again<~t parties who supply labor c.r mat<lriats to improve _,r Maintain thtJ prcpi'lriy. $ in•:H1!3!1C;!I-. Borr.;.wm wi!l k<li:!p the. propolty im;urGd undar tarrY!;; 3C>J-'pteblo to Ldl'lder a~ Bc>rrow<~or's expanse e·.-for L&ndar's benefit. Ail in:;ouranoe poho!e!l shall induda a stam!;,rd mortg<~g<~ okmse ~~~ f<I~J<Ir (}f Lt~1-.der. Lsnd~tr will be n•>r'<led a;;~ loss payetJ or a. the insured ou ~ny such insuranct~ policy. Any im::war:cd prcL';:o,;;ds may b.; dpplkd, within L.endar's discretion, to either th.'} rastoration or rdpai; of the d~>magad property o< to the secur<~d deiJt. 1f Lsnde~ r-:quir,;;s mortiJ"G·~ insur.:mctl, J,:.rruw<>r agree;; to msint~:in su<Jh insurance fo; ss long M lender requires . .:l . .Prop<>tly. 8:mcwar '~'Jill i.aap tha prope ty in goG~d conditio,.. and m;;;.:., ali repairs r~~:~sonably tl(;'Oilssary. 5. l'::xp<:.r.;;es. l3crro•Nar 3greE.s TO pay.;;!! _en.d<lr':; ;:,:.;p.:.n>les, includit~f) r~asonsble atto.-neys' f.:.eN, if Borrow<;~r breaks any covanants in ti-J=> deed ,;f tru~t or m any obligalfon secur.:.d tv .'lis d<3ild of t.vst. Borrr.w"r wiil pay tnese smounts w Lander a:> provided )n Covenant 9 of this Jeed cf ·r"<n. 6. P~lcr So-:o:tulty lnt~>ro;;st:5. Unless 8o~row0: firs1 obtains lander'; wriU;;n con~en"i., Borrow11r w1ll ,.,., m::1ka t..~ P'"'"~'t .my ch~mge<J to any prior s0o<.dtv interest. Bouower wm p:;rfcrm <JII of B.:orrowar's .Jblig,:·ti.:ms undar any ptieor mor£Q=":,<J, deai of ttust or other security agreement, !r.c:udina Sorro·.var's covensnls 10 m~~e payrnems wh<Jr. due. 7. A;J;signmar;t ot R~n"e ~nd Prolil:!;. Burrowar assigns to Leflder the rem:> and pr.-,tit~ of the prol}erw. Un!6Sf Borrower and Lende-o have aoraed o<:<-OPrwis"' in .. uiting, Bom::war i'MlY coH.;ct sr.d r<~tain the oents so; lo"lg as Borrower is nN in default. If l:lorrower defaults, LeMar, Lender's egat"lt, o; u court sppomtsd re.ceiv€'1 msy tala• poss%sion ;,nd mansg,1 the p;optony and collect the rents. Any rems Lender collects shall bs o:;::;Ji~d ,'ir.>t ~c o.h~ cos-.:s. a.' mar..aair.a the property. includina court ctsts and attomays' fo;es, con.mission: to rental agOJnts, ~md any other nac3ssary ralst.:::i -e:-:pails<:s. Yh~ rsm;Sirlidg amour;t oi ref"lts wiil then apply tc paymants on the secur~d dabt a:;: provid<....,.j in Covenar.t 1. 8. ~.::c.iltshok!s; Cond.)mbhm\3; Plerm~d Unit D<t\lillopnn>n1$. Borrower agreas to comply with the provisions of <my lease if this dved of trust is en a laas;:w.olci. lf :h;s deed ct 'o'l.:st is on a unit in a -::ondominium or a plan,>ed unit davelopme,1t. Borrower will perform all of Borrower's duO:s-~ undiH Hl~ DCV.:>Io.:mts. bv-lews. or r~gulfltiC'ns of the cor.dominiurr or planned unit development. 9. A!..!tt",!)rii',' ..:Jf Ler;dcr lo ?e11'.:.m1 for Sorrowotr. II Sorrowe; fails to perform any of Borrower's duti'!s under this deed d trust, Lender may :;:>e!iorm the du·t;es or c.aus" them tc be performed. lender msy sign Borrow~r·s na:ne or p~:~y any smount if necessary for performance lf anv constructloi'l on the prep-arty is discontinued or not carriBd on in iJ reasonable manner, Lender mev do whatever is necessary to protect Lender's s~curilv 1ntersst H\ :he p:oparty. Thi~ may include completing the construction. Lan.:le!'s i<>i:1;re to perform will nat ;:;rs;::lude Lender from exercising any of its other rights under the Jaw or this deed of trust. Ar,y amounts ps1d by L<tOJdtll to pro1act Lender's security intt~~est will ':le secured by this deed of trust. Such All'•VI.lnts wi!l be due en demsnJ a~d \·':iii baar mtewst from tfv; .:lata of the paym.em until pa!d in full et the il'terest rate in etfect on the secured debt. Hl. Oa-/et1it ar.d .4.c~-.ao...:: ... ll~. li acrrower fails to mske any oayn-ent when ciue or breaks any covenants ur<der this deed of trust or any obliga;ion seoued bv this deed oi t~ust, lender ma 1 accelerate ;:.a mtoturity of the secured debt end demand immediate payment at.c May rnvoke !h<i pov1e~ of sele end 8!1 11 .:><her remedies permitteU by B1lplicebl6 Jaw. If this daed of trust secures a logn subject to the Co!or!ido u,"lifor;-., 2onsumer Credit c.-,cJa. a ,-.ot!cS of default and right to cure r,Jay be rt~quired before any remedy is exercised. ~ 1. P~-w~r oT Saie_ If Lt!ndOtr •nvo!{es th'l p"awer of sale, Lander shall file a written notice of election and demand for sale with the Trus!e<~. Trl.istas shsli re~()rd a <"CP'i c.f tha notica of .:!ll'l<"•ion end demand for sale in 1hs county in which the property is located. Trus~es shall advertisa th8 pruparty for sale for the time and in the manner pro~Jided by applicable lew, and shall mail a oopy of the notice of sa!~ to the Borrower, ar.d w other osrson,; re.:;ui:ad to be notified by applicable law, within 10 days after the date of first purJiioation. Trustee shall then sal! the propert•r f.,n masse or in separe.t& p3rcels) at public HUction tc the highest bidder for ca:'lh At the time and place ond undgr the terms designetad in ths notice of sal.'!. Lender or Lendor's Le.signaa may purchase the proptlrty at any sale. Trustee sha'l deliver to the purchaser Twstee's cBrtificattJ u :Jscr;bing iht! proper;v [(1~ sums pmd for the property &nd the time when the purchaser will receive a deed to thtl property f ·om the Trustee, ,mles" the property;!. reJemned as provided by lew. Trustee shell apply the proceeds of the r.a!e in the following order; (1) -.:o ell raasonab!e , costs ar,d axpt~nsss of ~t,e saJa, tr,cluding, but not limited tl"", reasonable Trustee's and attorneys' fees; (2) to all sums secured by this dee::! o~ trCJst; and 131 th<: ;JXcass, if any, to the parsons legally enthltid to receivl'l it. 1~!. OnBpec'/!Dn l.er.:ler MSV tll""tur me 'lropertv to mspect it if Lendar gives Borrow1;~r notice beforehand. The notice must state the re<Bon~bl~ 'csus;; i::>l ._.andar"s msper.tion. ; 3 Cc11cl~Mr":o~lon. Borre .Yer ::Js:>1gns teo Lsndar the proct~eds of any award or c"aim for damages co~nected with a condemnation or o.;,ar takin;:; "i ,a or anv p.u: of the p•op>i!M:V. Swch proceeds wi!! be t~ppliad as provided in Covenant 1. y;1is assignm-.• c is subject to the t~;rms of~:,,-,_, ori\"' s<a . ...:ricy ag~<HI:-c,;;nt 1<~ W'!!iiv~:. Elv 3:<:erciSII"I0 an" remedy available to Lender, Lender does not pive up any rights to later us,• any other remedy. By not e~tucisfrg fHY/ remocJ" :.Jpon 8orrower's d-efault, lander does not Nah:e a right to later consider the evant a default if it hep~·::ms again. ;;:;, J~i~~-~ .. md S.ev .. r<li Liah!!lty; Co-signers; Suceess0115 and Assigns B.ound. All duties under this daed of trust are joint and several. Any !;o•rJwc: 111':0 :;o·SHJns this de,«c' -,1 <rust but does not co-sign the l!f'iderlying debt instrumant(s) does so only to grant and corN<~'/ =:h.!!t 2-orrov;sr·~ m:o;;es\111 ;h,. p;opar!·, 1:wo Trustee under the terms of th1s rlead of trust. In edditior., such a Borrower agrees that the Lender c.nd eny o!h<J.-So;;ows• ;Jnd6r th1s '.;,: !P!St may -extend, modify or make any other chal"lgas ill the terms of this deed of trust or the secured d.:.b~ w:t~>o·~• th~t 8cv;ower's cor.s<o'll and without releasing that Borrcw1:sr from the terms of this deed of trust. --~'" ~:ut1<0:< .;•;d b;Jnofits of '!h1s ::l~e;C d f'USf <;hall Oind and benefit the successors and assigns of LandPr and Borrower. ;;;; No~:~ Unla•s otheow;s" •eqwred hy l.aw, any notice to Borrower shall be givon by delivering it or by mailing it by certtfied mail addressed to ;c,'ro·;,;;,-::.l the properly sddre.os or i'lil\' other address that Borrower has given to Lender 9orrower will give any notice to Lender by oa1tifiad ,~,. _<;r.diio;'s add•e,;s on pa:,•e 1 ut this deed of trust, or to any other address which L~;~ndar hns designated. ~ 3be!• bo; tieuneo tr: have been given to eorrower or lender when given in the ma~nar stated above. ·:~.; :li :he Propar-ty w 3 flf>nefi{)la! lnier&lU in t~ Borrow6r. If B!l or eny part of the property or eny interest 1n it is sold or transferred ·~d.::1's flrl.J' wri<ten co:.st>nt, Lender n:ay demand immediate payment of the secured debt. LandFJr mav also demand immad:ate !!",.;; S:;r;o,:;o?.o; ts r.<J·r ~ n.otl.m;i person and a beneficia! interest in the Borrow-ar is sold or transferred. Howeve;, l~r;der rr·~v no! ,:• .,,,.,:11 1:1 til<'! c;;Jc·f~ «:fust•or;s d it is prohibited by federal law as of th~ da-te of this deed of trust . .'uk '~ : '>,0:1 So"C'tlSf i'.~s pe!ci thil secured dr;bt in ful! :jnd all underlying agreements have been terminated. and upon recflipt frcm 'o·,,·~·· 0; -~:· ;c;.J~.;,,;abia .-::os~:; oi prccurmg and reco~ding the relaase documsms, Lender shall, withm nm&ty days, roquast Trustetl to .-ale;;,-; a ',· .::~.cd ;;,·!~''-so ,,:o::l sh.d o.·Nl<Jce; tot Trushc~t:, duly canr:elled, all M1dS avid'lnc!ng debt~ :;<~cured by this deed of trusi. Lender's ot;lin.atio-. tG .o,;. 0 '~!c:.:~..o 'S r;·:· .. ,;;,;_~ •' i;;:.r'O'"·~' r< .. qua$tS 1r. wr1ti1'g that th1;; deod of tru;;t not ba r>'<l~ased, or requests in writing deli~·t:ry of the Z3.-,ce!led •),>oi ··f;:;: .;..,., .. , :'i 1r·.,;.: <l."d Lo;r.d<'Jr compietes delivB:y. (';:;;rower agrees to p;:;y all "ost> io record this deed ot trus~ r11d t<l fl.<!'i the !S·o% ' ' • EXHIBIT .,, A" PARCEL l MOBIL OIL WES'T MAMM CREEK UNIT TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M. SECTION 18: SE1/4SE1/4 SEC~ION 19: LOT 2, NE1/4, E1/2SE1/4, SW1f4SE1/4 AND LOT 4 SECTION 20: ALL THAT PART LYING WESTERLY OF COUNTY ROAD NO. 315 SECTION 30: NEl/4 1 LOTS l AND 2 SECTION 29: ALL THAT PART OF THE NORTH OllE-HALF LYING WESTERLY OF COUNTY ROAD NO. 315 AND ALL THAT PART OF THE NW1/4SE1/4 LYING WEST OF COUNTY ROAD 315 EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST (SW) CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4) 0~ SEcTION 29, THENCE RUNNING NCRTH 988.5 FEET TO THE MIDDLE OF THE CREEK; THENCE EAST IN THE BED OF THE CREEK AT RIGHT ANGLES 100 FEET; THENCE FOLLOWING:cENTER OF BED OF CREEK IN SOUTHEASTERLY DIRECTION APPROXIMATELY 525'FEET; THENCE SOUTH 666 FEET WHICH IS APPROXIMATE LINE OF CREEK, TO SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW1/4SE1/4); THENCE WEST J86 FEET'· TO THE PLACE OF BEGINNING. TOGETHER WITH ALL WATER, WATER RIGHTS, DITCH, DITCH RIGHTS APPURTENANT TO SAID PROPERTY. PARCEL 2 A tract of land situated in Lot 18, as surv~yed and platted by the Rifle Irrigation and Power Company in Document No. 38350, being a part of the NEl/4NWl/4 of Section 9, Township 6 South, Range 93 West of the 6th P.M., Garfield County, Colorado, lying West of State Highway No. 13, described as follows: Beginning at a point on the West line of said Lvt 18 whence the Southwest corner thereof bears South 726,0 feet to the Southwest corner of a tract conveyed to Brynildson by deed recorded in Book 497 at Page 152; thence. East 311.50 feet; thence North along the boundary of said Brynildson tract 86.0 feet; thence East 288.50 feet to a point on the West right of way line of colorado State Highway No. 13; thence South along said righ~ of way line 101.20 feet to the Northeast corner of a tract conveyed to Kessler by deed recorded in Book 349 at Page 530; thence West, along the North line of said Kessler tract, and along the westerly extension of said North line, 600 feet more or less to. the West line of said Lot 18; thence North 15.2 feet to the POINT OF BEGINNING. RETURN TO: REGIONAL BANK P.O. BOX152 RIFLE, CO 81650 0 0 MEMORAN()UM OF SURFACE LI~ASE AND EASEMENT AGREEMENT STATE OF COLORADO KNOW ALL MEN BY TIIESE PRESENTS: COUNTY OF GARfiELD Gran tot·: Scott Brynildson and Linda S. Brynildson 1831 Railroad Avenue Rille, Colorado 81650-3203 Grantee: Antcro Resources Piceance Corporation 1625 Seventeenth Street, Suite 300 Denver, Colomdo 80202 Effective Date: December I, 2006 Grant of Easement: Grantor hereby grants, lets. leases and demises to Grantee a right-of-way and casement on~ over, through and across the Lands necessary to construct operate, maintain, inspect and repair, and reclaim the access road, and Facility, as depicted on Exhibit A. Grantor simultaneously grants to Grantee a temporary construction and access road (25 tCct on each side of the center liue depicted on Exhibit A), to be used during construction, repair·, maintenance, removal or reclamation of the access road. and Facility, including, bulnol limited to, the right to dig below the surface of the Lands in order to construct the Facility. The specific terms and l:onditions of this grant of easement arc governed by the Surface Lease and Easement Agreement between the Grantor and Grantee dated etfcctive December I, 2006. Term: This Surface Lease and Easement Agreement shall continue for a primary term of five (5) years beginning on the Effective Date, unless sooner terminated by the terms of the Surface Lease and Easement Agreement. Grantee may extend this Surface Lease and Easement Agreement one (I) additional live (5) year term, for a maximum lease period of I 0 years, by providing written notice of such extension at least 30 days prior to expiration of the primary term. Purpose: The purpose of this Memorandum of Surface Lense is to place third parties on notice of the Surface l .. case. If there is any contlict between the provisions of this Memorandum of Surface Lease and the Surface Lease~ the provisions of the Surface Lease shall control. GRANTOR: GRANTEE: Antcro Rcsowccs P1ceance Corporation ACKNOWLEDGMENTS STATE OF COLORADO ) H COUNTY OF DENVER ) On this ~day of February 2007, before me personally appeared Terrell A. Dobkins, known to me to be the Vice President of Antcro Resources Piceance Corporation and that he executed the within and foregoing instrument, and acknowledged the said instrument to be the f'ree nnd voluntary act and deed of said corporation, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and amxed my ollicial seal the dny and year first above written. My Commission Expires: .......liJ.!!I..:.fb-'(c::.[v~~~~~~- CEWHITLOCK NOTARY PUBLIC STATE OF COI.ORADO My Commission Expires Jan. 18, 2010 Notary Pub I ic :~1 +-'/i'-'B'-'/.L/ ::,0 _____ ~ STATE OF COLORADO ) ) § COUNTY OF GARFIELD ) The foregoing instrument. was acknowledged by Scott Brynildson and Linda S. Brynildson before me on this ;;;,_/>'day of February 2007. My Co11111lission Expires: -~--'~ . .L;_· '~?_·-'(~' / / <inc//·-/' ~' Comm. Expires ·4 '· 1 9 --:1 EXHIBIT A To that certain Memorandum o r Surface Lea :;e ami Ease ment Agree 111ent dated Errecti ve December I. 2006 between Sco tt Brynild so n and Lind a S. l3 ry nild son. as Grant or. and J\nt en, Re so urces Pi cea nce Co rp ora l io n. as Gran tee . ,. l'toptt•ll l kle -· At,cn Road l.cgo nd rl Rcurv td Sit Nu U"'t. PI Oiltlty ltnn Iff Jpfl(OJima1t ... I I I I I I ' \ \ .... I I I I ,. I I \ ' \ \ • ~-.... -- ::::::=~. ------1-::' ,. _____ -~- fl"Tt'>_..-;--;;;: .... ,·.u----· .. ·------------ I • . .-~.: . .. ' \ '. ... , ~. / " ~ ·" ~ ---" .. ..,.,., ... ..,.~,'C <tNt C..•• 9 fl f ((l ....... , •• J•" Brynildson Water Treatment Facility Boundary Description BOUNDARY DESCRIPTION A PARCEL OF LAND SITUATE IN THE NEY, SECTION 19 AND IN THE NW Y, OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH. PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 20, AN ALUMINUM CAP L.S. NO. 31944IN PLACE; THENCE SO 1 °48'51 "W ALONG THE SECTION LINE BETWEEN SAID SECTION 19 AND SAID SECTION 20 544.74 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID SECTION LINE N89°13'17"E 268.92 FEET; THENCE S20°25'46"E 249.10 FEET; THENCE S38°25'03"E 237.12 FEET; THENCE SOl 0 06'55"W 623. 76 FEET TO A POINT ON THE EDGE OF A GRAVEL DRNE IN PLACE; THENCE N80°50'36"W ALONG SAID DRIVE 131.81 FEET; THENCE CONTINUING ALONG SAID DRNE N75°14'5J"W 487.65 FEET; THENCE LEAVING SAID DRIVE N00°26'26"E 650.26 FEET; THENCE S87°55'04"E 97.88 FEET TOA POINT ON SAID SECTION LINE; THENCE N01 °48'51"E ALONG SAID SECTION LINE 247.48 FEET TO THE POINT OF BEGINNING, SAID PARCEL OF LAND CONTAINING 11.682 ACRES MORE OR LESS. , ~~ River Valley Survey, Inc. Project: Btynildson Site Proj. No. 06001-14 Watet; For Anter~>_:<cility A~: . , 110 East 3rd. Street, Suite 207 Situate In: · · · C1-Field Date: 02-02-07 Scale: I''= 200' ~ Rifle, Colorado 81650 1-------+--------i NFJ.'4 Section 19 and NWX Section 20, lt~~~;_~Pl~I:~9~70~-~3~79~-~78~4~6;;;;;;;;;;;;;;;;;;;;;;;;~D~a~tc~: ~O~]~-I~-~O?~-d~Sh~c~ct~: l~of~lb--!'~ CT600~S~;·•ty R~,-~92 W. of the 6th P.M., G3rfield 1rr:<: ANTERO RESOURCES PICEANCE CORPORATION BRYNILSON WATER STORAGE FACILITY 1. J Gentry P.O. Box 1300 Rifle, CO 81650 MINERAL OWNERS Y, Mineral Int. in Subject Property 2. Catherine J. Sweeny 1805 Balsam St. # 495 Lakewood, CO 80232-8700 Y, Mineral Int. in Subject Property c;erd>tech HEPWORTH-PAWLAK GEOTECHNICAL Hepworch,Pawlak Oeotechnical 1 Jnc. 5020 Coumy Road !54 Glenw•x~d SprinES 1 Colorado 81601 Phnn" 970-945-7988 Fax: 970-945-8454 email: llpgeo@hpgeotech.com GEOTEC~CALENG~ERTINGSTUDY PROPOSED EVAPORATION POND PROPOSED BRYNn.DSON WATER TREATMENT FACILITY SOUTHEAST OF THE GARFIELD COUNTY AIRPORT MAMM CREEK ROAD GARFIELD COUNTY, COLORADO JOB NO. 107 0059 MARCH 5, 2007 PREPARED FOR: WAGON WHEEL CONSULTING, INC. ATTN: CODY SMITH 111 EAST 3RD STREET, SUITE 213 RIFLE, COLORADO 81650 Parker 303-841-7119 • Colorado Springs 719-633-5562 • Silverthorne 970-468-1989 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY ............................................................................ -I - PROPOSED POND CONSTRUCTION ......................................................................... -I - SITE CONDITIONS ............. : ........................................................................................... -2- PROJECT AREA GEOLOGY ........................................................................................ -2- . FJELD EXPLORATION ................................................................................................. -2- SUBSURFACE CONDJTJONS ...................................................................................... -3- SLOPE STABILlTY ....................................................................................................... -4- SLOPE STABILJTY MODELS .................................................................................. -4- CONCLUSIONS AND RECOMMENDATIONS .......................................................... -5- POND EMBANKMENTS .......................................................................................... -5 -. EARTHWORK ......................................................................................................... ,.-5- LIMITATIONS ............................................................................................................... -5 - REFERENCES ......................................................................................... ; ....................... -7- FIGURE I-LOCATION OF EXPLORATORY BORINGS FIGURE 2-LOGS OF EXPLORATORY BORINGS FIGURE 3 -LEGEND AND NOTES FIGURE 4-SWELL-CONSOLlDATlON TEST RESULTS TABLE 1-SUMMARY OF LAB ORA TORY TEST RESULTS PURPOSE AND SCOPE OF STUDY TIUs report presents the results of a geotechnical engineering study for an evaporation pond to be located at the proposed Brynildson Water Treatment Facility, southeast of the Garfield County Airport, Manun Creek Road, Garfield County, Colorado. The project site is shown on Figure 1. The purpose of the study was to evaluate the stability of the proposed pond grading and provide recommendations for the proposed embankment construction. The study was conducted in accordance with our agreement for geotechnical engineering services to Wagon Wheel Consulting, Inc. dated January 31, 2007. A field exploration program consisting of exploratory borings was conducted to obtain information on the subsurface conditions in the area of the proposed pond. Samples of the subsoils and bedrock obtained during the field exploration were tested in the laboratory to determine their classification and other engineering characteristics. The results of the current field exploration and laboratory testing were analyzed to evaluate the stability of the proposed pond grading and develop recommendations for the proposed pond embankment construction. This report summarizes the data obtained during this study and presents our conclusions, design recommendations and other geotechnical engineering considerations based on the ·proposed pond construction and the subsurface conditions encountered. PROPOSED POND CONSTRUCTION The proposed evaporation pond will be located on the site as shown on Figure I. The pond \\~II have a water surface elevation of 5602 feet and a maximum fluid depth of20 feet with a capacity of roughly 26 acre-feet. The pond will be constructed with a dual liner system and is designed to have 2 feei of freeboard. The grading design for the pond was developed by Samuel Engineering (shown on Figure I) and is proposed to involve cuts into the natural slope of up to 26 feet and embankment fills up to l 0 feet. Pond embankment slopes are proposed to be graded at 3 horizontal to l vertical with a I 0 foot Job No. 10 ~tech -2- wide crest. We understand that the embankment fill soils will consist of the on-site clay soils. If pond design plans differ significantly from those described above, we should be notified to re-evaluate the recommendations contained in this report. SITE CONDITIONS The proposed pond site was vacant and covered with up to 8 inches of snow at the time of our field exploration and is located as shown on Figure 1. An existing gas well pad is located west oftl1e pond site. An ephemeral drainage crosses (north-south) through the proposed pond embankment footprint with another larger drainage just east of the site. The ground surface is relatively flat with a gentle to moderate slope down to tl1e north at a grade of about 3 to 7 percent. There is about 18 feet of elevation difference across the proposed pond embankment footprint. Vegetation consists of grass and weeds with sage brush. PROJECT AREA GEOLOGY The project area is located on the eastern side of the Piceance Basin about six miles south of the Grand Hogback Monocline that defines the boundary between the Piceance Basin and the Whiteriver Uplift to the northeast. These regional geologic structures were formed during the Laramide Orogeny about 40 to 70 million years ago. Surficial deposits in the area are mapped as colluvium and slopewash deposits (Soule and Stover, 1985). The project area is underlain by the Paleocene-age Wasatch Formation (Shroba and Others, 1994.) The closest fault zones to the project area with known or suspected post glacial activity, movement within the past 15,000 years, are the Williams Fork Mountain fault zone located about 80 miles to the northeast and the southem section of the Sa watch fault zone located about 95 miles to the southeast (Widmann and Others, 1998). FIELD EXPLORATION The field exploration for the project was conducted on February I, 2007. Two exploratory borings were drilled at the locations shown on Figure 1 to evaluate the Job No. 10 -3- subsurface conditions around the proposed pond footprint. The boring locations were detennined in the field by the client and located by River Valley Survey after drilling. The borings were advanced with 4-inch diameter continuous flight augers powered by a truck-mounted CME-45B drill rig. The borings were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Slotted PVC pipe (I \!,-inch diameter) was installed in the borings down to the depths shown on Figure 2. Samples of the subsurface materials were taken with a 2 inch J.D. spoon sampler. The sampler was driven into the subsurface materials at various depths with blows from a 140 pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils or hardness of the bedrock. Depths at which the samples were taken and the penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered in the borings are shown on Figure 2. The subsoils consist of about V, feet of topsoil overlying very stiff to hard, slightly sandy silty clay. Weathered to hard claystone bedrock (Wasatch Fonnation) was encountered below the clay at depths of 15 and 20 feet below the ground surface down to the maximum explored depth of 31 feet. Drilling in the claystone with auger equipment was difficull and practical drilling refusal was encountered in a possible cemented zone at a depth of 22 feet in Boring I. Laboratory testing perfonned on samples obtained from the borings included natural moisture content, density, percent finer than No. 200 sieve (silt and clay fraction) gradation analyses and Atterberg limits. Results of Atterberg limits tests indicate that the clay soils have low plasticity. The laboratory testing is summarized in Table 1. No free water was encountered in tl1e borings at the time of drilling. The subsoils were slightly moist to moist and the bedrock was slightly moist. · Job No. 10 -4- SLOPE STABILITY Limit-equilibrium stability models were developed using the SLOPEIW (Version 5) program produced by Geo-Slope International to assess the affects of steady state seepage an~ rapid drawdown on the proposed pond embankment. Limit-equilibrium analysis calculates a safety factor number which is the ratio of forces that resist slope movements to the forces that produce movement. A safety factor of about 1.5 is typically considered acceptable for steady state seepage conditions and a safety factor of near 1.0 and lower indicates critical stability conditions that will likely result in slope movement or failure. SLOPE STABILITY MODELS The stability models were based on the subsurface conditions and pond embankment grading through cross-sections miented roughly northwest-southeast through the downstream embankment and north-south through the upstream embankment. The existing site topography and proposed pond grading were provided by Samuel Engineering. The property values used in our analysis are presented in the table below. Descril!lion Unit Weight Phi Cohesion f:lli'fj ( de~rees) ~0 Water 62.4 0 0 Foundation 115 18 200 Embankment Fill J 15 18 100 For the purpose of our analysis, the embankment fill consists of the on-site clay soil from the cut portion of the excavation. The stability models are summarized in the table below: Location Condition Sofetv Foetor Downstream Embankment (exterior) Dry 2.0 Downstream Embankment (exterior) Steady State Seepage* 1.8 Upstream Cut S1ope(interior) RapidDrawdown• 1.8 Downstream Embankment (interior) Rapid Drawdown• 1.2 * Steady state seepage and rapid drnwdown assumes pond liner leakage, Job No. 10 -5- CONCLUSIONS AND RECOMMENDATIONS POND EMBANKMENTS The proposed grading appears feasible and should be stable provided the pond is lined and the embankment slopes remain dry. Seasonal perched groundwater levels or pond leakage could result in lower safety factors. However, even with seepage the pond slopes should remain stable. The grading of the foundation and embankment should be performed as presented below in the "Earthwork" section. Re-vegetation of unlined graded slopes, riprap or erosion mat should be provided as needed to prevent erosion in areas where surface runoff is concentrated. EARTHWORK The on-site clay soils are suitable for use as embankment fill. Imported embanlonent fill should consist of predominantly granular soils, devoid of topsoil, vegetation, debris and rock larger than about 8 inches and be approved by the geotechnical engineer. Prior to fill placement, the embankment foundation should be prepared by removing vegetation and stripping topsoil, and compacting to at least 95% of standard Proctor density. The embankment should be spread in relatively thin lifts and compacted to at least 95% of standard Proctor density at a moisture content \vithin 2 percentage points of optimum. The fill should be benched into portions of the site exceeding 20% slope. In-place moisture and density testing should be performed on a regular basis to evaluate the compaction level and compliance with the project specifications. LIMITATIONS This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory borings drilled at the locations indicated on Figure 1, the proposed pond construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions Job No. 10 -6- identified at the exploratory borings and variations in the subsurface conditions may not become evident until excavation is performed. lf conditions encountered duting construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been approptiately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH-PAWLAK GEOTECHNICAL, INC. Trevor L. Knell, P .E. Reviewed by: Daniel E. Hardin, P.E. TLK/ksw Job No. 10 -?- REFERENCES Soule, J.M. and Stover, B.K., 1985, Surficial Geology of Parts of the Colorado River Valley, Roaring Fork River Valley, and Adjacent Areas, Garfield County, Colorado. Colorado Geological Survey, Open File Report 85-1. Shroba, R.R. and Others, 1994, Preliminary Geologic Map of the Silt Quadrangle, Garfield County, Colorado. U.S. Geological Survey, Open File Report 94-696. Widmann B.L. and Others, 1998, Preliminmy Quatemmy Faull and Fold Map and Data Base of Colorado. Colorado Geological Survey, Open File Report 98-8. Job No. 10 ~tech s Existing Gas pad - N Top of Bank -N••tural Drainage ------- 107 0059 LOCATION OF EXPLORATORY BORINGS FIGURE 1 BORING1 BORING2 ELEV.=5606.0' ELEV.=5624.5' 0 "3 55/12 50/12 WC=B.3 00=109 ·200-92 5 23/12 26/12 wc,;a.o WC=B.6 oo~1o1 D0=-95 ·200=89 ·200=90 U.=29 Pl=9 10 34/12 46/12 WC=B.6 00=116 ·200=68 15 70/12 50/12 tii tii ~ ~ ' ' :r:: ii: 1-c.. w w 0 20 20 0 30/0 60/6 100/3 Note: Explanation of symbols is shown on Figure 3. 107 0059 LOG OF EXPLORATORY BORINGS FIGURE 2 II LEGEND: ~ TOPSOIL; silly clay, root zone, partially frozen to firm, moist, brown. 0 ~ I p ClAY (CL); slightly sandy, silty, very stiff to hard, slightly moist to moist, light brown to brown, low plasticity, slightly porous and calcareous. WEATHERED ClAYSTONE; layers of siltstone, slightly moist, light brown to gray. Wasatch Formation CI.A YSTONE BEDROCK; hard with possible cemented zones, slightly moist, brown. Wasatch Formation Relatively undisturbed drive sample; 2-lnch !.D. California liner sample. 50112 Drive sample blow· count; Indicates that 50 blows of 140 pound hammer falling 30 inches were required to drive the California sampler 12 inches. T Practical drilling refusal in a possible cemented zone. [] Indicated slotted, 1 i-lnch diameter PVC pipe Installed in the boring down to the depth shown . .• ~OTES: 1. Exploratory borings were drilled on February 1, 2007 with 4-inch diameter continuous flight power auger. 2. Locations of exploratory borings were determined In the field by the client. River Valley Survey, Inc. located and provided ground surface elevations at the time of drilling. 3. The exploratory boring locations and elevations should be considered accurate only to the degree Implied by the method used. 4. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types alld transitions may be gradual. 5. No free water was encountered In the borings at the time of drilling. Fluctuation in water level may occur with time. 6. Laboratory Testing Results: WC = Water Content ( % ) DO = Dry Density ( pel) . -200 = Percent passing No. 200 sl.eve LL = Liquid Umit ( % ) PI = Plasticity Index ( % ) ~tech HEPIIORTH-PAWLIK GEOT£CHNICAL 1 1070059 LEGEND AND NOTES FIGURE 3 Moisture Content = 6.0 perc ant Dry Density = 107 pet Sample of: Slightly Sandy Silty Clay From: Boring 1 at 5 Feet ~ <f. ~ 1 z 0 rJ.i ~ 0 1'-. liS ~ ~I ' z 1 0 v ' rJ.i 1'-,i> ffi cr 2 a. ::;; I' Expansion 0 upon 0 wetting 0.1 1.0 10 100 APPLIED PRESSURE ( ksf) Moisture Content= 6.3 percent Dry Density = 109 pcf Sample of: Slightly Sandy Silty Clay From: Boring 2 at 2 Feet ~ 2 lf. ~ z -0 1 1""---. 1i5 ~ ~ ~ ~ liS 0 ' ' [) ]'. z 0 1i5 1 f3 1.-- a: r..-1--a. ::;;: 0 2 0 ...._Expansion upon wetting 0.1 1.0 10 100 APPLIED PRESSURE ( ksf) 107 0059 ~tech SWELL-CONSOLIDATION TEST RESULTS FIGURE 4 HEPWORTII·PAWI.AK GEOTECHNICAL HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 Job No. 1 07 0059 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL NATURAL GRADATION PERCENT A TTERBERG LIMITS UNCONFINED BORING MOISTURE DRY GRAVEL SAND PASSING LIQUID PlASTIC COMPRESSIVE SOIL NO. DEPTH CONTENT DENSITY N0.200 LIMIT INDEX STRENGTH TYPE (%) (%) SIEVE !Ill (%) (pcfl (%) (%) (PSFl . I 5 6.0 107 89 Slightly sandy silty clay I 10 8.6 118 88 Slightly sandy silty clay ' I I 2 2 6.3 109 92 Slightly sandy silty clay I~ 5 6.5 95 90 29 9 Slightly sandy silty clay ~ ~---------- ANTERO RESOURCES EMERGENCY RESPONSE PLAN TABLE OF CONTENTS 1.0 PURPOSE 2.0 INTRODUCTION 3.0 POTENTIAL HAZARDS 4.0 EMERGENCY RESPONSE ACTIONS 5.0 INCIDENT NOTIFICATION PROCEDURES 6.0 COMMUNICATION 7.0 CONTACT NUMBERS 8.0 ACCIDENT/INCIDENT REPORTING PROCEDURES 1.0 PURPOSE Antero Resources Corporation (Antero) is committed to taking all practical steps to safeguard personnel, the public, and the environment from incidents related to its operations. Emergency preparedness is an essential part of this commitment. The purpose of this document is to identify the resources and procedures Antero has established to respond to expected emergencies. It is recognized that support from outside agencies (such as police, fire service, and emergency medical response) will be essential for certain emergencies. This document is intended to provide Antero employees, contractors, and these outside agencies with the background and contact information necessary to facilitate a response to an emergency relating to Antero's facilities and/or operations. The Antero "Emergency Response Plan" will be reviewed on an annual basis and will be revised and updated to reflect significant changes in operations. In addition to Company personnel, copies of this plan will be distributed to appropriate personnel with external response organizations. Questions or comments regarding this plan should be referred to: Terrell A. Dobkins, Vice-President Production 1625 17th Street, Suite 300 Denver, Colorado 80202 Office Telephone: 303.357.7318 Cellular Telephone: 303.808.6222 2.0 INTRODUCTION Antero focuses its resources on lease acquisition activities, well drilling, well completion, and gas production. These activities include: -identification of mineral interest owner(s) and negotiation for and acquisition of an oil and gas lease; -initial surveying and staking of location; -well site construction; -well drilling; -well completion (preparing the well to produce); -construction of facilities (flow-lines, gas/condensate/water separation facilities, condensate tanks, water tanks, gas and condensate measurement facilities, and gas sales lines); -reclamation of disturbed acreage not needed for gas production or re-working operations; -gas and condensate production operations including gas sales and waste disposal; -well abandonment and well site reclamation. Fluid production from the well is flowed to a "separator" which separates the gas from the condensate and water. Water is considered a waste product and, following separation, is piped to an above ground tank where it is contained until trucked to an approved, off site disposal facility. The natural gas is separated from the water and flows through gas measurement facilities prior to delivery to a compressor station for compression and shipment off the lease via an underground pipeline. Antero utilizes third party companies to gather, compress, and transport the gas from its wells. The condensate is separated from the gas and water and is stored in tanks awaiting pick up for sales. The condensate vapors are contained in a closed system to reduce vapor emissions. 3.0 POTENTIAL HAZARDS Construction Construction activities involve the use of heavy equipment and include trenching/excavation activities. In addition to the potential workplace hazards associated with working in/around heavy equipment, potential hazards include inadvertent damage to existing buried service lines. Construction operations are conducted on behalf of Antero by specialized contractors. To minimize the risks associated with construction operations, each contractor has established programs, procedures and equipment for personnel safety. In addition, to minimize the likelihood of problems during trenching and excavation, these operations are conducted in accordance with applicable regulatory requirements and include use of the "one-call" notification system to ensure that existing service lines are identified and marked before excavation operations are commenced. To facilitate outside agency response in the event of an emergency, personnel (including Antero contractors) are provided with telephone contact numbers for the sheriff, police, highway patrol, fire service, and poison control. In all cases, 911 is the first call to be made to notify local services of the emergency situation. Measures to recognize and prevent the above described hazards include training, installation of equipment to prevent trench cave-in, and implementation of safe construction work practices and techniques. Drilling, Re-Working & Well Service Operations During drilling, re-working or well service operations, potential hazards include fires, explosions, or gas releases either due to a well control problem or gas migration via the well-bore to the surface. Other potential hazards include workplace safety hazards associated with working in/around drilling equipment and pressurized lines. Drilling operations are conducted on behalf of Antero by specialized contractors. To minimize the risks associated with drilling re-working and well service operations, each contractor has established programs, procedures and equipment for personnel safety. In addition, to minimize the likelihood of well control problems, operations are conducted in accordance with applicable regulatory rules and requirements of the Colorado Oil and Gas Conservation Commission. To facilitate outside agency response in the event of an emergency, personnel (including Antero contractors) are provided with telephone contact numbers for the Colorado Oil and Gas Conservation Commission, sheriff, police, highway patrol, fire service, and poison control. In all cases, 911 is the first call to be made to notify local services of the emergency situation. Production The most significant hazard associated with Antero's production operations is a gas leak. If the leaking gas flows into the air, it most likely will dissipate quickly and pose little to no danger. However, if the gas is confined in the presence of an ignition source, it can flash ignite and result in a fire. In addition, gas can displace oxygen which may lead to a localized oxygen deficient environment and result in asphyxiation to exposed individuals. Antero wells are monitored by personnel on a regular basis. Antero personnel responsible for monitoring well operations are provided with cellular communications and are trained to detect potentially hazardous situations associated with the production of natural gas. In addition, for those Antero wells located near public facilities the wells are provided with a locked fence to prevent unauthorized access. To facilitate outside agency response in the event of an emergency, personnel (including Antero contractors) are provided with telephone contact numbers for the Colorado Oil and Gas Conservation Commission, sheriff, police, highway patrol, fire service, and poison control. In all cases, 911 is the first call to be made to notify local services of the emergency situation. Each Antero-operated well is marked with a sign which indicates the company name, well number, lease name, legal description of the location of the well, and county. In addition, the sign includes a telephone phone number which can be utilized to contact Antero in the event of an emergency. Antero's Field Office Activities conducted in Antero's field office do not present any significant potential hazards. Events which may result in emergency response situations include fire and tornado. Preventive measures include safety procedures, the provision of fire extinguishers and training. To facilitate outside agency response in the event of an emergency, telephone contact numbers for the sheriff, police, highway patrol, fire service, and poison control are posted at the drilling sjte and in Antero's office. 4.0 EMERGENCY RESPONSE ACTIONS FIRE/EXPLOSION EMERGENCY FLOWCHART MINOR (Fire/explosion immediately extinguished) j SIGNIFICANT REPORT INCIDENT (Refer to Antero Resources AccidenUincident Reporting Procedures) (Fire/explosion not immediately extinguished) TAKE ACTIONS TO PROTECT YOURSELF AND OTHERS l EVACUATE PERSONNEL TO SAFE ARENSECURE FIRE SITE l INITIATE INCIDENT NOTIFICATION PROCEDURES CALL 911 CALL ANTERO SrERINTENQENT EVALUATE SITUATION IS IT S .IFE FOR ONSITE P1RsONNEL No REMAIN IN SAFE TO INITIATE ACTIONS ---+LOCATION/MAINTAIN TO CONTROL INCIDENT? SECURITY OF AREN I AWAIT EXTERNAL t Yes RESPONSE IS FIRE BEING FED BY FUEL SOURCE? IS THE FIRE BEYOND No I Yes CAN FUEL SOURCE BE No .------.. INCIPIENT STAGE? •4 ---'-----•• SAFELY ISOLATED? =-------.! Fire is wi!hin I Fire is beyond employee ~ employee ability/training ability/training to extinguish to extinguish EXTIJGUISH FIRE LET FlRE BURN l Yes FUEL SOURCE ISOLATED- FIRE EX INGUISHED? No --------ILH'I':"ff'"l'f'IRE BU ---------.j CONTROLLED GAS RELEASE SUCH AS WELL TESTING Notify Dispatch at Rifle Fire Protection District and Silt Fire Protection District prior to gas flaring and testing MINOR ASSESS SEVERITY (Gas release stopped) l SIGNIFICANT REPORT INCIDENT (Refer to Antero Resources Accident/Incident Reporting Procedures) (Gas release not stopped ) TAKE ACTIONS TO PROTECT YOURSELF AND OTHERS l EVACUATE PERSONNEL TO SAFE ARENSECURE LEAK SITE/ ELIMINATE POTENTIAL IGNITION SOURCES l INITIATE INCIDENT NOTIFICATION PROCEDURES CALL AN!ERCt~t:niNTENDENT EVALUATE SITUATION l IS IT SAFE FOR ONSITE PERSONNEL TO INITIATE ACTIONS TO CONTROL INCIDENT? No REMAIN IN SAFE Yes LOCATION/MAINTAIN SECURITY OF AREA/ AWAIT EXTERNAL RESPONSE ~ CAN FUEL SOURCE BE No I '----~ SAFELY ISOLATED? ___ .,~ Yes MINOR (First aid only) REPORT INCIDENT (Refer to Antero Resources Accident/Incident Reporting Procedures) ASSESS SEVERITY j SIGNIFICANT (Medical treatment required ) ADMINISTER FIRST AID l EVALUATE SITUATION l DOES THE INJURED PERSON REQUIRE No TRANSPORT IMMEDIATE HOSPITAL ---INJURED TO EMERGENCY MEDICAL MEDICAL FACILITY TREAIMENT Yes CALL 911 REQUEST EMERGENCY MEDICAL ASSISTANCE j INITIATE INCIDENT NOTIFICATION PROCEDURES In addition to the above described procedures, the person at scene will establish the following based on the site conditions: • Safe distances and places of refuge, • Site security and control, and • Evacuation routes and procedures. Emergency medical treatment will be provided by outside medical response agencies. First aid will be provided by Antero or contractor employees trained and equipped to render such service. Personal protective equipment and emergency equipment such as fire extinguishers are provided to all appropriate field personnel and will be accessible for immediate use. Following an emergency incident a formal critique of the response will be conducted to include recommendations and follow up actions. 5.0 INCIDENT NOTIFICATION PROCEDURES 1. Person at scene-Call: Antero Resources Corporation Operations Superintendent STEVE FONTENOT (970) 274-6454 and the appropriate Antero contact in 7.0 below or the appropriate emergency response organization based on incident circumstances • identify yourself • state the nature of the incident • give your exact location • describe the extent of the incident • state the extent of any injuries or casualties • advise of assistance required • provide your call back number 2. If incident involves contractor employee, Incident Commander* to contact the affected contractor and advise them of the situation 3. If incident requires additional Antero response actions, Incident Commander shall mobilize additional resources, coordinate the response and notify Denver Management**. *Incident Commander is either the Antero Operations Superintendent, Well-site Supervisor, Construction Supervisor, or their designee. **Denver Management is Terrell A. Dobkins, or his designee. 6.0 COMMUNICATIONS Communications during an emergency incident will be accomplished using portable cellular telephones, land line telephones and/or two-way radio, if available. Other forms of communication may include e-mail, for example, to record communications to agencies or corporate personnel. For areas where cell phone coverage is not available, emergency personnel will locate and travel to nearest cell service area. 7.0 CONTACT NUMBERS State of Colorado Emergency Colorado O&G Conservation Commission Department of Public Health and Environment , CEPC UNCC (Line Locates) PUC (Colorado Utilities) Toll Free Transmission ROW Services Highway Patrol Poison Control (877) 518-5608 911 (800) 222-1222 Town of Silt-Garfield County Fire Department, Silt 911 Dispatch Rifle Fire Protection District 911 Dispatch 911 Grand Valley Fire Protection District 911 Ambulance 911 Silt 911 Parachute 911 Sheriff (Garfield County) 911 Police -Silt (Office) 911 -Rifle (Dispatch) 911 Hospital (level 4 trauma center) 911 Water Department Emergency Management Jim Sears Cellular Non-Emergency (303) 894-2100 (800) 886-7689 (800) 922-1987 (303) 894-2000 (800) 888-0170 (303) 894-2908 (303) 239-4501 (970) 876-5738 (970) 625-1899 (970) 625-1243 (970) 625-8095 (970) 285-7711 (970) 876-0510 (970) 285-7711 (970) 945-0453 (970) 876-2735 (970) 625-8095 (970) 625-1510 (970) 625-6221 (970) 945-0453 (970) 379-4202 Antero Resources 24-hour emergency number Rifle Office 970-274-6454 Telephone: (970) 625-9922 Fax: (970) 625-9929 792 Buckhorn Drive Rifle, CO 81650 Glenwood Springs Office Telephone: (970)928-7350 or (866) 928-7350 Fax: (970)928-7354 Physical: 802 Grand Ave, Ste 304 Glenwood Springs, CO 81601 Mailing: PO Box 1214 81602 Antero Resources Contact Telephone Numbers Operation Superintendents Name Position Office Home Mobile Steve Fontenot Operations Super. 970-625-9922 970-625-5442 970-27 4-6454 John Kawcak Operations Super. 817-820-0035 817-368-1553 Denver Office 1625 -17th Street Suite 300 Telephone: (303) 357-7310 Fax: (303) 357-7315 Denver, CO. 80202 Antero Resources Corporation Contact Telephone Numbers Name Position Office Home Terrv Dobkins VP-Production (303 357-7318 Robert Mueller VP-Geology (303 357-7317 Brian Kuhn VP-Land (303 357-7316 Steve Woodward VP -Bus. Devel. (303) 357-7312 PRIMARY RESPONSE CONTRACTORS Cudd Energy Services 303-571-1734 307-382-6650 Kip Costanzo 970-379-2777 Kip Costanzo 970-379-2777 Emergency Well Control Well Control Engineer Guy Shafer, Denver Jim Price, Rock Springs, WY Waste Disposal 24-hour Emergency Number Roustabout Crews/Dirt Work 24-hour Emergency Number Mobile (303) 808-6222 (720) 273-7436 (303) 520-5551 (303) 956-7289 8.0 ACCIDENT/INCIDENT REPORTING PROCEDURES ALL ACCIDENTS ARE TO BE REPORTED. Antero and Contractor employees shall immediately report any accident, injury, or illness to his or her immediate Supervisor or designee. • The Antero Supervisor shall ensure that work-related injuries/illnesses involving Antero employees and Contractor personnel are formally reported, recorded, and investigated. • For compensable work-related injuries/illnesses involving Antero employees, ensure that any required reports are filed with the appropriate state agency within 10 days. • The driver of any Antero-owned or leased vehicle involved in an accident shall immediately report the incident to their Supervisor. The Supervisor shall ensure the vehicle accident is formally reported, recorded and investigated. • If the accident occurs on a public road or highway, the driver shall also report the incident to the appropriate authorities, such as the highway patrol or local police. The Antero Operations Superintendent shall ensure that accidents which result in significant property damage, a fire, and/or potentially serious incident are formally reported, recorded and investigated. • Where appropriate, Antero Management will direct that an additional formal investigation of an accident or incident be conducted. Local Management is responsible for responding to emergencies that impact their facilities and operations. If the emergency is a major emergency, or if the emergency has the potential of developing into a MAJOR EMERGENCY, LOCAL MANAGEMENT MUST NOTIFY DENVER MANAGEMENT IMMEDIATELY AFTER ACTIVATING THE LOCAL RESPONSE PLAN. ) ) Brynildson Water Treatment Facility Integrated Vegetation and Noxious Weed Management Plan Antero Resources Piceance Corporation Photo 1. Location of proposed Brynildson Water Treatment Facility, viewing from the southwest Prepared by : WestWater Engineering, Inc. 2516 Foresight Circle #1 Grand Junction , CO 81505 970-241-7076 In coordination with : Wagon Wheel Consulting Rifle , CO February 2007 Brynildson Water Treatment Facility Integrated Vegetation and Noxious Weed Management Plan February 2007 Introduction The plan is for the proposed Brynildson Water Treatment Facility and was prepared in compliance with Garfield County Planning and Zoning Regulation 9.07 (13), (BOCC, 2006). The treatment facility is to be constructed at the north end of Hunter Mesa overlooking Mamm Creek approximately 0.25 miles west of Garfield County Road 315 (Figure 2, attached). On February 16,2007, a field inspection of the site was conducted by WestWater Engineering (WWE) biologists. The inspection identified appropriate topics for inclusion in an integrated vegetation and noxious weed management plan. Environmental factors considered include soil type and texture, existing land management, absence or presence of listed noxious weeds, and potential natural vegetation community. The site of the proposed water treatment facility is adjacent to a currently active well location to the west, and between two pipeline rights-of-way to the north and south. Access to the proposed site is via the road to the existing well site. Landscape Setting The proposed site of the Brynildson Water Treatment Facility is located on the second terrace above Mamm Creek at the north end of Hunter Mesa. The site is relatively flat but terrain drops off steeply into Mamm Creek to the northeast. To the southwest, low hills separate the project site from the rest of Hunter Mesa. Medium textured Potts loam formed in alluvium constitutes the topsoil. This series is deep, well-drained and derived from sandstone, shale or basalt. Erosion hazard is moderate (SCS, 1985). Vegetation and Weeds Characteristic natural vegetation at the proposed site includes wheatgrasses (Pascopyrum spp.), big sagebrush (Artemesia tridentata spp.), and needleandthread (Hesperostipa comata) (SCS, 1985). Currently, the site is predominantly big sagebrush (Artemesia tridentata spp.), snakeweed (Gutierrezia spp.), rabbitbrush (Chrysothamnus spp.), and shadscale (Atriplex confertifolia). The majority of the grass observed during the survey was emerging cheatgrass (Bromus tectorum). Slopes to the southwest are dominated by Juniper (Juniperus spp.) and big sagebrush, while Mamm Creek to the northeast is vegetated by typical riparian species, including willow (Salix spp.) and invasive Tamarisk (Tamarix ramosissima). Sagebrush at the proposed location appears to have been mechanically treated and the composition of the vegetation suggests overgrazing. Recent use by horses, elk and mule deer was apparent on the day of the survey. The proposed site is bordered on the north and south by unreclaimed or unsuccessfully reclaimed pipeline rights-of-way. The pipeline right-of-way on the southern border is predominantly bare ground and Russian thistle (Sa/sola iberica) (Photo 2). The pipeline right-of-way on the northern border is mainly cheatgrass (Photo 3). At the north edge of the proposed location, a WestWater Engineering Brynildson Water Treatment IVNWMP Page 1 of 10 ) ) road runn ingj ust be low the rim of the mesa co ll ects runoff water a nd has created condit ions that a ll ow tamarisk to thriv e o n th e hill s id e a bove Mamm Creek alo ng a portion of the roa d (P ho to 4). Photo 2. Pipeline right-of-way to the south Photo 3. Pipeline right-of-way to the north Phot o 4. Tamarisk growing along the road to the north WestWater Engineering Brynildson Water Treatment IVNWMP Page 2 of 10 Land to be managed Recommendations made in this report apply to the Brynildson Water Treatment Facility site, but take into consideration observations made in the surrounding area. The proposed facility location is bordered on three sides by two pipeline rights-of-way and an active well location. To effectively manage noxious weeds and other vegetation on the Brynildson Water Treatment Facility site, adjacent disturbed areas must be considered in the management plan. Disturbed areas immediately adjacent (within I 0 meters) to the proposed location had no observable infestation of Garfield County regulated noxious weeds on the date of inspection. However, the presence of several weedy species in surrounding disturbed areas indicates high levels of susceptibility to infestation. In addition, several individuals of one Garfield County listed weed, Tamarix ramosissima, were observed approximately 200 yds north of the site, along the road that runs below the rim of the mesa. The abundance of weeds near the proposed location may be detrimental to the success of any weed or vegetation management efforts on the water treatment site. Recommendations Total, non-selective, vegetation control is recommended within the perimeter fence of the water treatment facility. Newer non-selective herbicides such as DuPont Sahara® are formulated to reduce migration and leaching into non-target areas and require very low amounts of an active ingredient, which decreases probability ofbio-accumulation in non-target species. Temporary disturbance outside the perimeter fence should be reclaimed with an appropriate seed mix and spot treated with selective herbicides or mechanical control if noxious weeds invade, all of which are described in the appropriate sections of this report. Targeted Weeds: Although not currently found on the facility site, Table I lists nearby weeds and those most likely to be the subject of future control efforts within and around the site. Table 1. Brynildson Water Treatment Facility list of possible noxious weeds. Common Name*/ Scientific Name Type** Control Methods USDA Symbol cheatgrassc BRTE Bromus tectorum A Plant competitive grasses, limit grazing salt cedar Tamarix Repeated or historic flooding ofbottomlands to ramosissima prevent seedling establishment; hand pulling seedlings; spray herbicides on basal portion of stems of young, smooth barked plants, cut larger plants and p treat cut stumps within 30 minutes with herbicide plus an adjuvant (remove all stems from site after cutting - they will re-sprout if in contact with soil); shade intolerant-promote growth of native riparian species that will shade out the tamarisk. field bindweedc Convolvulus p Herbicides in fall, plant competitive grasses, introduce COAR4 arvensis mites. WestWater Engineering Brynildson Water Treatment IVNWMP Page 3 of 10 Table 1. Brynildson Water Treatment Facility list of possible noxious weeds. Common Name*/ Scientific Name Type** Control Methods USDA Symbol common burdock Arctium minus Cut and dig rosettes and bolting plants, re-seed with ARMI2 B aggressive grasses. Herbicides probably necessary due to widespread infestation and large number of seed~bearing mature plants. common mulleinc Verbascum thapsis B same as common burdock VETH houndstongue Cynog/ossum Re-seed with aggressive grasses, remove at flowering CYOF ofjicinale B or early seed, dig or grub at pre-bud or rosette stage or apply herbicides. Russian knapweed Acroptilon repens Re-seed disturbed sites with fast growing grasses, p herbicide in fall (Curtail recommended), allelopathic- tillage may be necessary Musk thistle Carduus IIUtans Tillage or hand grubbing in the rosette stage, mowing B at bolting or early flowering, seed head & rosette weevils, leaf feeding beetles, herbicides in rosette stage. * 8 CCR 1203-19, Colorado Department of Agnculture, Bold type on Garfield County hst, 8 State of Colorado "B" list, eState of Colorado "C" list. (State of Colorado, 2005) **A~annual, B~biennial, and P~perennial. The strategies summarized in Table 2 for annuals and biennials and in Table 3 for perennials are those found to be most effective depending on the grow1h habits of each species, i.e., annual, biennial, or perennial. This information is contained herein to emphasize the importance of knowing for certain the species of weeds present. Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds Target: Prevent Seed Production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If seeds develop, cut and bag seed heads. 2. Chop roots with a spade below soil level. 3. Treat with herbicide in rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage, before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production I. Allow plants to expend as much energy from root system as possible. Do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop, cut and bag if possible. 2. Herbicide treatment at bud to bloom stage or in the fall (recommended after August 15 when natural precipitation is present). In the fall plants draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period oftime, another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being fonned on the roots at this time. WestWater Engineering Brynildson Water Treatment IVNWMP Page4 of 10 Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production 3. Mowing usually is not recommended because the plants will flower anyway. Seed production should be reduced. Many studies have shown that mowing perennials and spraying the re-growth is not as effective as spraying without mowing. Effect of mowing is species dependent; therefore, it is imperative to know the species and its basic biology. Timing of application must be done when biologically appropriate, which is not necessarily convenient. 4. Tillage may or may not be effective. Most perennial roots can sprout from pieces only 1/2"-I" long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless it is known the plants are seedlings and not established plants. Hand pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. Best Management Practices The following practices should be adopted for any construction project to reduce the costs of noxious weed control. The practices include: • • • • top soil, where present, should be segregated from deeper soils and replaced as top soil on the final grade in all cases, temporary disturbance should be kept to an absolute minimum equipment and materials handling should be done on established sites disturbances should be immediately replanted with the recommended mix in there- vegetation section In areas with slope greater than 3%, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro- seeding or mulching, imprinting should be done prior to seeding unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting should be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. Herbicides: Herbicide treatment in fall (after approximately August 15 when natural precipitation is present) is the best method to control difficult perennials such as Russian knapweed. Difficult species respond better to application of a combination of two or more chemical modes of action (biological reason for plant death) rather than one. It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, such as phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some are available commercially pre-mixed, e.g. Crossbow® and Super Weed-be-Gone Max®, which are available over the counter. Many of the most effective herbicides are restricted use and available only for licensed applicators. Professionals or landowners using herbicides must use the concentration specified on the label for the target species. Herbicides generally do not work better at higher concentrations. Label restrictions and formulations must be adhered to for compliance with regulations. WestWater Engineering Brynildson Water Treatment IVNWMP PageS of 10 ) ) Most herbicide applications should use a surfactant as directed on the herbicide label or other adjuvants as called for on the herbicide label. Grazing: To encourage reestablishment of desirable vegetation, removal or s ignificant reduction of domestic live stock grazing is recommended for areas s urrounding the facility s ite. Inten se grazing by wintering mule deer and elk may negative ly affect reclamation. Mechanical: It is recommended senescent, seed-bearing, li s ted weeds be cut, bagged and disposed of in a licensed landfill (Photos 4 and 5). Rosettes can be cut with a shovel below the s urface of the soil on plants which are not yet dormant (Photos 6 and 7). Even with some seed drop, cutting and bagging will greatly reduce seed release. Future need to do mechanical or other control methods should be reduced after only two seasons of cutting and bagging . Photo 4. Seed bearing burdock. Photo 5. Seed bearing musk thistle. Photo 6. Houndstongue rosette. Photo 7. Musk thistle rosette. WestWater Engineering Brynildson Water Treatment IVNWMP Page 6 of 10 Alternative Methods An alternative method, particularly for cheatgrass infestations and poor to non-existent topsoils, is the application ofvesicular-arbuscular mycorrhizal fungi (V/AMF). These fungi, mostly of the genus Glomus, are symbiotic-with about 80% ol'all-V~getation~-ln~ymbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin, 1995). Over-the-counter VI AMF or AMF commercial products, which are better adapted to coating seeds when reseeding and treating roots of live seedling trees and shrubs at time of planting, come in powder form and are available from many different sources. Some applicators, including a New Castle company (Alpha Natural, Inc), collect and grow local accessions of V/AMF. The latter are applied to weed patches and are reputed to greatly increase competition of native plants, with Canada thistle in particular, thereby providing a non-chemical control of some noxious weeds. Re-vegetation Soil types in the area generally support many of the same species of native vegetation. The following seed mix is from the reclamation plan developed for the Antero Lundgren pit by WWE. The mix includes four species of aggressive native grasses to discourage invasion by nearby weeds. In areas that may be subject to treatment using selective herbicides, WWE recommends omitting the two forbs and seeding only grasses (Table 4): Table 4. Brynildson Water Treatment Facility recommended seed mix and rate for drill or hydro- seed application. Scientific Name/Seeds per Common No. %of Mix by Application Rate Pound Name/Preferred PLS/Ft' PLSWt. Lbs PLS/acre Cultivar Unum perenne, 293,000 blue flax 4 5 0.6 Elymus lanceolatus psammophilus streambank wheatgrass 10 21 2.8 156,000 Pascopyrum smithii, I 40,000 western wheatgrass/ Arrib• 10 23 3.1 ls'itanion hystrix, 192,000 bottlebrush squirreltail 4 7 0.9 Pseudoroegneria spica/a spicata bluebunch wheatgrass/ P7 4 9 1.25 140,000 Sanguisorba minor, 55, 000 small burnet 6 35 4.8 Total 38 PLS/FT2 100 13.45 lbs PLS/ AC NRCS, 2006, CNHP, 1998, NRCS, 2002. Seeding rate should be doubled for broadcast application. Preferred seeding method is hydro seeding or multiple seed bin rangeland drill with no soil preparation other than simple grading to slope and waterbars. Seed should be bagged separately so each size group of seed can be metered at the appropriate rate. WestWater Engineering Brynildson Water Treatment IVNWMP Page 7 of 10 ) Alternative seed ing methods include but are not limited to: • harrow with jus t enough soi l moisture to create a rough s urfac e, broadcast seed andre- harrow, preferably at a 90 de gree angle to the first harrow, • • hand raking and broadcast followed by re-rakin g at a 90 degree angle to the first raking . These are not the only means of replanting the site. However, th ese m e thods hav e been observed to be effective in s imilar landscapes. Life Cycle and Management Calendars Figure I is a 2-year calendar for control and life cycle of biennial thistles. Not included is mechanical control, which is cutting of rosettes below the soi l s urfac e a nd can be done any time during the rosette stage. Figure 1. Life Cycle and Management strategies for biennial thistles. (Hartz ler, 2006) Herbicide Application Year 1 Httb. Appl . MoWing Year2 Table 5 is for Garfield County li sted noxious weed spec ie s that may be present in the vicinity. B =biennial; P =perennial Shaded areas indicate best control timing. *Tamari sk contro l ca n be don e at any tim e of year, but is easier when leaves are absent and weat her is coo le r. -----(Sirota, 2004) WestWater Engineering Brynildson Water Treatment IVNWMP Page 8 of 10 Commercial Applicator Recommendations A certified commercial applicator is a good choice for initial control efforts. An applicator has the full range of knowledge, skills, equipment, and experience desired when dealing with Canada thistle and other difficult vegetation. A reputable local company, Julius Ag, Andy Julius, Certified Applicator's License No. 11210, Julius Ag, 2169 I-70 West Frontage Road, Debeque, CO 81630, (970) 379-6917, has the experience and knowledge necessary for success. Reclamation farming with multiple seed bin range drills and related equipment is also available through Julius Ag. An alternative applicator using V/AMF and other natural products locally is: Alpha Natural, Inc., 1808 Road 245, New Castle, CO 81647, (970) 984-2467. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non-approval. Certified commercial applicators will decide which herbicide to use and at what concentration. Landowners using unrestricted products must obey all label warnings, cautions, and application concentrations. The authors of this report are not responsible for inappropriate herbicide use by readers. LITERATURE CITED Barrow, J.R., and Bobby D. McCaslin, 1995. Role of microbes in resource management in arid ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J., camps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. Gen. Tech. Rep. INT-GTR-338, Ogden, UT. USDA, For. Serv., Intermountain Res. Sta., 275 pp. BOCC. 2006. Garfield County zoning resolution of 1978, amended October, 2006. Board of County Commissioners, Building and Planning Department, Glenwood Springs, CO, 78 pp. CNHP. 1998. Native Plant Re-vegetation Guide for Colorado. Caring for the Land Series, Vol. III, State of Colo., Colorado Natural Heritage Program, Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver, 258 pp. Hartzler, Bob. 2006. Biennial thistles of Iowa. ISU Extension Agronomy. URL: http://www.weeds.iastate.edu/mgmt/2006/iowathistles.shtml NRCS. 2002. Plant suitability and seeding rates for conservation plantings in Colorado. Technical Note No. 59 (rev), Natural Resource Conservation Service, USDA, CO Field Office, Lakewood, 6 pp. WestWater Engineering Brynildson Water Treatment IVNWMP Page 9 of 10 ) ) NRCS, 2006a. The PLANTS Database (http ://p lants.usda.gov). Natural Re source Conservation Service, National Plant Data Center, USDA, Baton Rouge, LA 70874-4490 USA. SCS. 1985. Soil Survey of Rifle Area, Colorado Parts of Garfield and Mesa Counties. Soil Conservation Service in Cooperation with USDA and the Colorado Agricultural Experiment Station. Sirota, Judith , 2004. Best management practices for noxious weeds of Mesa County. CSU Cooperative Extension Tririver Area. Grand Junction. 4 pp. State of Colorado, 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C .R.S. 2003. Department of Agriculture, Plant Indu s try Divi s ion, Denver, 78 pp. WestWater Engineering Brynildson Water Treatment IVNWMP Page 10 of 10 Legend -Tamarisk -Access Road .. Water Treatment Fac ility c:J Survey A rea Brynildson Water Treatment Facility IVNWMP WestWater Engineering Feet 0 500 1,000 2,000 ... kl2. March 6, 2007 Steve Fontenot Antero Resources Piceance Corporation 792 Buckhorn Drive Rifle, Colorado 81650 RE: Storm Water Management, Brynildson Facility Dear Steve: O&G is pleased to provide the following information regarding storm water management at the proposed Brynildson Water Treatment Facility: • An addendum to the Storm Water Management Plan for the Piceance Basin Project. • A site plan showing the proposed locations for Best Management Practices (BMPs) for storm water management at the facility. This site plan uses Drawing Number I 00-CE-11 0 provided by Samuel Engineering as a base. • The following supplemental information regarding proposed BMPs for the facility. Calculations for estimated runoff for a I 00-year storm event at the site were made using methods described in US Department of Agriculture NRCS Technical Release 55 (TR- 55), Urban Hydrology for Small Watersheds (1986). The calculations were based on the small watershed which drains the site. The area of this watershed above the northern (downstream) margin of the site is estimated at approximately 14 acres. Data on peak storm events were derived from the Precipitation-Frequency Atlas of the Western United States, NOAA Atlas 2, Volume III-Colorado (1973). Calculations were run for the "present," "construction-phase," and "developed" conditions of the site. For a 100-year storm event, it was determined that approximately 0.4 inches of runoff would be produced given current site conditions. During construction, runoff would increase to approximately 0.8 inches. Finally, approximately 0.35 inches of runoff could be expected under developed conditions. Runoff from the developed site would actually be slightly less than at present because the proposed pit will be a closed basin designed to acconnnodate a I 00-year storm. Using the TR-55 method, it was determined that a 100-year storm during the construction phase would result in an additional 0.33 acre-feet of site runoff (14,375 cubic feet or 11 Inverness Way South • Englewood, Colorado 80112 tel 720-529-9777 • fax 720-529-9798 • www.ogenvironmental.com 107,524 gallons) over existing, undeveloped conditions. This additional runoff would be acconunodated by a sedimentation pond at the northern site margin and 16 check dams, 12 of which would be located in the proposed diversion channel. The sedimentation pond and check dams would be left in place during the life of the project and removed after the pond is decommissioned depending on the wishes of the landowner. It is reconunended that the check dams be constructed using riprap placed to a height of 2.0 feet above the bottom of the diversion channel. The longitudinal slope of the diversion channel is approximately 25: I. Therefore, a check dam would be installed every 50 feet which would back up water from the crest of one dam to the base of the next upstream dam. Check dams are also recommended at the lower ends of swales created I) between the base of the facilities pad and southern edge of the wastewater impoundment and 2) between the northeastern edge of the wastewater impoundment and the soil storage pile to the north. Two check dams are also recommended on the ephemeral drainage below the wastewater impoundment and above the storm water sedimentation pond. Turf reinforcement mats are reconunended as liners for the bottom of the diversion channel. These mats would be installed with staples prior to construction of the check dams. They would protect the diversion channel from development of rills and gullies and would facilitate vegetation growth if the channels were seeded prior to emplacement of the mats. Sediment barriers are recommended along the northern (down-slope) edge of the soil stockpile to be located along the northern edge of the site. Sediment barriers are also reconunended at the northern (down-slope) edge of the soil stockpile to be located to the west of the diversion channel and at the base of the northwest comer of the wastewater impoundment. We recommended using Sedimentstop, a biodegradable sediment filtration system which is similar to but has several advantages over straw wattles. The table which follows provides further information regarding the products reconunended: Product Quantity Amount of Unit Cost Total Needed Product Reouired Cost North American Green C350 600 feet II rolls (55.5 x 6.5 $130.00/roll $1430.00 Pennanent Turf feet each) Reinforcement Mal (TRM) Staples for TRMs 2 boxes -1 000/box $25.00/box $50.00 North American Green 1000 feet 20 rolls (50 feet/roll) $45.50/roll $910.00 Sedimentstop Bioegradable Sediment Filtration System 18" stakes for sedimentstop 2500 100 bundles of25 ea. $0.80 each $2000.00 North Amencan Green products are available through N1lex Environmental, Inc. m Centenmal, Colorado (303-766- 2000 or tcroke@nilex.com). Freight charges from Denver would cost approximately an additional $200.00 total and Colorado Sales Tax would apply. 11 Inverness Way South • Englewood, Colorado 80112 tel 720-529-9777 • fax 720-529-9798 • www.ogenvironmental.com The sediment pond should be constructed prior to the start of clearing and grading. Where possible, sediment barriers should also be installed prior to clearing and grading. Topsoil (approximately the upper 12 inches of soil) should be stripped and stockpiled separately from subsoil. To the extent possible, final grading should take place along the contour as this will create small furrows along the contour which will aid in erosion control. Within 30 days of the completion of construction, disturbed areas should be seeded with a mix recommended by the local office of the Natural Resources Conservation Service. Sediment barriers should remain in place until vegetation cover reaches 70 percent of the pre-construction condition. This is expected to take 2 to 5 years from the time of initial seeding. Reseeding may be necessary if initial seeding is unsuccessful. Please contact me if you need additional clarification regarding these recommendations. Sincere regards, \Vii! [VIahuncy Rt',!,!i.l'lcl\'d l'n!j(__·ssiollaf G('(Jiogi.l'l ( 'crtijicd Pn!fi!ssional in Storm /Voter l)nali(l' O&(J Environmental Consulting II Inverness Way South Englcwoud, CO 80112 (720) ~29-9777(phone) (720) 529-97n (FAX) w mahon t'yGi::ogen vi ronmcnta 1.(0111 cc: Cody Smith, Wagon Wheel Consulting Attachments: Addendum to SWMP for Piceance Basin Project Site plan showing the proposed locations for BMPs Information sheets for products recommended 11 Inverness Way South • Englewood, Colorado 80112 tel 720-529-9777 • fax 720-529-9798 • www.ogenvironmental.com STORM WATER MANAGEMENT PLAN (FIELD PERMIT) ANTERO RESOURCES PICEANCE BASIN PROJECT: ISLAND PARK, GYPSUM RANCH, RIVER RANCH, SNYDER, NORTH BANK, & VALLEY FARMS LEASE PROPERTIES Garfield County, Colorado Permit No.: COR-038500 Prepared for: Antero Resources Piceance Corporation 792 Buckhorn Drive Rifle, CO 81650 Prepared by: O&G Environmental Consulting, LLC 11 Inverness Way South Englewood, CO 80112 January 2007 ADDENDUM II BR YNILDSON WATER TREATMENT FACILITY 191-03 Storm Water Management Plan Storm Water Management Plan -Amero Resources Piceance Basin Brynildson Water Treatment Facility This addendum adds the Brynildson Site Water Treatment Facility to the Stann Water Management Plan (SWMP) for the Antero Resources Piceance Basin Project. The facility will include a storage pit for frac fluid and flowback water from conventional gas wells in Antero's Piceance Basin Project Area. The site will be accessed from an existing gravel road which is located along the southern boundary of the site and connects with County Road 315 approximately y, mile to the east. A short gravel loop road from the existing gravel road will be constructed to accommodate trucks bringing gas well wastewater to the facility. Three storage tanks and an oil water separator will be located between the loop road and storage pit. No fuel or hazardous materials storage tanks will be located at the site. The Brynildson site is located in the W'h., NWY.i, Section 20, T6S, R92W, 6tl' PM, Garfield County, Colorado. Total site area is approximately 9.3 acres. Of this area, 2.25 acres would be inside the top of the berm of the storage pit. The site drains in a northerly direction at a 3 to 5 percent slope. It ranges from 5586 feet elevation at the northern boundary to 5624 feet at the southern boundary. The soil type at most of the site is Potts loam, 3-6% slopes although Torriorthents -Rock outcrop complex, steep may be found in the gully of the northerly flowing ephemeral wash which bisects the site. Characteristics of these soils are described in Table I. The runoff coefficient currently varies between 0.10 and 0.30. The coefficient for developed portions of the site are expected to increase to 0.50-0.80 following construction. The existing vegetation community could be described as sage brush flats. The site vegetation cover is estimated to be 40 to 50 percent. The site is currently undeveloped grazing land. It will be accessed from an existing gravel road along the southern site boundary. The property is owned by Scott Brynildson. The proposed sequence of facility construction is as follows: • Planning • Surveying and staking • Permitting • Equipment and materials staging • Construction of new loop road from existing access road • Site clearing and grading • Construction of drainage diversion and sedimentation pond • Installation of sediment barrier at northern (down-slope) site margin • Excavation and construction of the storage pit • Construction of off-loading facility, storage tanks, and separator • Demobilization • Clean-up and interim reclamation Other potential pollution sources are described in Section 1.6 of the Antero Piceance Basin Stann Water Management Plan. There are no known non-storm water components of discharge from the site. 191-03 Storm Water Management Plan 2 Storm Water Management Plan . Anlero Resources Picea11ce Basin The site is bisected by a northerly flowing ephemeral wash (not shown on the USGS topo map) which drains to Mamrn Creek, a tributary of the Colorado River. It is not located in wetlands or a floodplain. Sheets 1-2 which follow show the site location and site survey. Sheet 3 shows the boundaries of the areas to be cleared, locations of proposed site facilities, and locations and types of BMPs proposed for storm water management. The procedures for storm water management discussed in Sections 3.0 through 7.0 of the Antero Piceance Basin Storm Water Management Plan will apply to the Brynildson facility. 191-03 Stonn Water Management Plan 3 River Valley Survey, Inc. 110 East 3rd. Street, Suite 207 Rifle, Colorado 81650 Ph: 970-379-7846 Brynildson Water Treatment Facility Vicinity Map Project: Btynildson Site Proj. No. 06001-14 Water Treatment Facility Pre ared For Antero Resource f:..; __ Situate In: :...:.t.: Field Date: Scale: -.. j..:.:::::_:.:,:::;_ ____ +--_:.:.:::::: _____ ~NWXNWJ/4 Section 20, T6S., R. 92 W. ANTfRO of the 6th P.M., Garfield County, .~($0UXC[':J Colorado Date: 01-30-07 Sheet: l of 3 Existing Gas pad Test Bore 1 Lat: 39"30'56.7470" N Long: 107"41'59.2102" W Elev: 5606.0 From North Sec. Line: 1113' From West Sec. Line: 163' Test Bore 2 Lat: 39.30'59.2883" N Long: 107"41'57.3704 W Elev: 5624.5 River Valley Survey, Inc. II 0 East 3rd. Street, Suite 207 Rifle, Colorado 81650 Ph: 970-379-7846 on ater Treatment Site Survey Project: Btynildson Site Proj.No. 06001-14 0' 100' \"Graphic Scale in Feet -\ 1"=100' " '\ ; ' 5610.00-~/ / I -)----- ,r/ ( /~Top of Bank -------i; Natural Drainage ; ater Treatment Facility Pre ared For Antero Resource Field Date; 02-02-07 Scale: I"= 100' Situate In: ~ j-.::.::;.;::..:~.::....::..;.:..;.:._.j-_:.;:=.;.:._.;.:.;:_ __ -jNWXNWI/4 Section 20, T6S., R. 92 W. ANTERO of the 6th P.M., Garfield County, .~(50ll~CES Date: 02-02-07 Sheet: 2 of 3 Colorado Antero Resources Piceance Corporation 792 Buckhorn Drtve Rifle. CO 81650 Brynildson Water Treatment Facility W,}2, NW,l'4, Section 20, T6S, R92W, 6th PM Date: 03-06-07 Sheet: 3 of3 a&G--.....Conooltlng,UC 11--y- ~.~80112 (1):721)..529.&177 1n~m -- T)'plt;tl Applic.ltiom• ~':!~" 1:1 tn4 Grrurr U~,oo Kipfl•• (iuooob ~mk~ S!Jt.v Sanr limtt•lcl lOll Wll(lll I•) !tj<ulcl laD Wllilll h) Ty~lcal Applic.lllom' ~f 1:1 ~ntf Gnaw ~~ Hit"·flo'l Ch1Mtl1 F'trmi11Nt 1bnr 5rlm U\l'rg!U!td l1 llill' (IS! h) !tj<o11.t ll.D """' (516 h) Sbonbnu VMAX'., SC250" PERMANENTTURF REINFORCEMENT MAT Vmax'"' SC250t is incoqmrntcd with a 70% straw/3{)?1. c.oc:onut fiber matrix whic.h enh;ane:es the pcnmmc:nt mntting't:> initial mulching Mid '~rusion conlml P<~rtOnnnnct: ttn up to 24 month!!. l'mvcn in ):Jbnrawry and fit~ld res!:nrch, unvegt\t.1ted SC2SO rcdur:f!S soil los~ tu less than u.s inc:h (12.7 mm) undc~r sht:ar ~tre:-;s up w 3.0 lbs/fi~ (144 Pa). The perman~:lll nl;Hting's high strength 3-D StrtlGtUrc lncrcm:lcs the shear rcsistancc uf vegetation up to 10 Jhs/fP ('UIO l'<l), 10 times that of comp.1mhk unrcinforced v(:gmmion! The SC250 c:nabks vcgGt<ltion to bl~ used in lll<my ttpplic<llion:s wht~rc 2•1-inch to :W-inch (GO-em to 70-<:m) mel< riprup wa:s once the: nnly violhlo altcrnmive. mltW.ltl WU \N{IIIfATIOirt W.ldcJt H II (l m) A.u: 40 rd' Ill" 11t') lntlk SS.S l1 (16.9 In) Alfra Wtil.ht li hijiUJ •d VMAX' .. C350~ PERMANENT TURf REINFORCEMENT MAT Vmax 1,. C...1501t-hi inmq>omh:d with tl 100% cocvnul fiber matrix which supplr.JlH!nt.o; the pmrnnncnL matting's initial mulching and erosion coni rol pnrtOrm;mr.c fnl' up 10 36 months. l'mvr.n in lahol'<liOr)' mal tkld research, llllV(:gclntcd CJSO n:ducx~s $Oil loss to Jess than 0.5 !nth (12.7 111111) under shtmr stress up ro ;5.2 lbs/1\1 (15:3 P~1). The super-high :nrcngth pt:rm.-uwnt 3-D .struc:lurt: homil:-. the Rht!nr rc.slslilnCI: ofvcgr.cntinn up to l:llhstte (S76 1';1_), ofli~ring penllilnenl nro.sion protection (:Xt<:t:dillf~ that of :w-inch (7ti·cm) nwk ripwp. The C3!l0 provide~ 01 co:>!· t~ffu.tivt~. envimnnwntally friendly ~gn~t:n~ <lhm·nilnvi: for ~(~vnm cro~ion r.omrot pmji:t:t.'i. SJ,I.N[t,UD ROU ~rHlfi(J,I!Oif\ Wr6th: '-S II (J 111) #m: U )"II' IJU 1.·\') luttk. ~B It (16.9 m) "ffrll1. Wf•iilt.H .t;, jiUI ~&I r---------,,ld ~~~::!! ! U lbVI00\1 It' (UC ~CIIOO nt1 Jf'jlm: 111 UIIIU. kiT D!x• ~KWt"oPJkt~HD!IU£Ut4 H.O IWIOOO h' (11.1 \c/IGO m' lrr.J.WM(.OJIIJI fU!Ul 10'4 WI• It OJ~ lbllylf (UJ k£.'m1 lfr.', rm.r~1 n 0 IS l~llrf (0.~ k1fm~ ~OIIOit HH Jl.lck f')lrpl~J11hnt S.O WIO~ It' (l.U lt/100 n? 1pp!Gr. wl JIIMJ.D ~~~~-~~~~~-~-~--~~ ~~~ -~~ -~~~-~-~~-----, c---~---~ ror Nn ~ltpo11rpiOfJ!Mr U IWI!lOD l1' (J.fl k&f/110 ft) ~PJINI 1111 U!ffER UEI abd f"'IPIC9Jif1lt-«-mr(Jied H.O IWJOOO tt' (IIJ ~&'100m} tot:Oli!H IIIU 1UO 61/,-d' [IW ~,Cim-') WfiMIIIH JIM\ ~f(Vf'fllllt H lb"I!IC(I) It' (J.91 ~g!JN n1~ ~"9"01 "' THftl.l.O "NOlf: Thii guidt i1 for g~ntraJ purpl)ltl orJt. Aaual ptO)t<l du1gn and prod~~<f ttk<tion 1hould h~ dcvtlOJltd using Morlh Americ~n Grern'l HHDS" wltw~rt progr.tm. ( Unprotet:tcd topsoil, ptlrticularly on sloping nrcmi or active constmction silr.s, is vulnerable to significant erosion and sediment prohhm1s.. In fhct, millions of dollars arc SJ)(mt each y<~nr rmnoring slopc:s, rebuilding dn:1inagc channels, mul dredging and cleaning ponds ;md stretlms. Atlditionally,lack of eompli;ult:l! with local 0111d fixleral envimnmental regulations -such as NPDES J>hasc 1J -can result in costly construction delays mld suhstantl«tl lines. North Amt!ricom Green's ScdimcntSTOI'* is an ctTccUvu Best Management Pnlr:licc to pmvcnt much of this costly d;1mage. SEDIMENTSTOP" BIODEGRADABLE SEDIMENT FILTMTION SYSTEM !'kdinlt:ntSTOJ:>s consiM..-of l'itmw ;uu.l coconut Hbcr rcinfon:ed with ;1 100% biodt:gradilhh: netting thal is rolled from edge to edge to cr~ltc a tmnpor:1ry, wnttlr~pMmcahlt: sedimenl f1\tration struct·UI'C. Scdimc.1HSIUP n:duc:r.s soil loss G..1tuiCd by storm watc:r mnoll: traps ooil panicles whil<! allowing watr:r to pass through, nnt.l protncts w.1tcnvnyR. :ddewalks and roads from sc<linwnt ~1ccuntuli!tic)n. lke<Iust: it is Held fiihric.uwd, Scdimt:JltSTOP allowo fhr greater flt~'\:ibility ln mm:ring specific: site n:quirmncnts, and du: diann:U!r oftlm linishcd roll t'.311 bu incn.>.t1S~".:U, ifnl!ccs.._'>.1t)', with gJ'i!&.'> dipping:;;, pinn needles, stmw, or h~avcs. 'l1lc 50-foot fini~hcd length minlmiZ('.s scam ronslnl<:tion, whi!1: the llghlwcighl rolls r:an b~:~ C<l.'ill.v transponcd over dinkult term in ur w rcmuw an!.il..~ The totally hiodcgmdahlc: Scdlnu:ntSTOP 1::; ideal fur usc in forest nrc rchnhilit<ttinn, pipnlint: rtHngt!talillll, biocmgillt!t~ring projftcls, cummcn:ial/m:w huuu: and m:-;urt !:<m:.;truttion, industrial sHes .md highway prqjccls. Stdlment Runoff .., " 63.11 8.33 0-----· • Sidl.,.ntSTOP EfRden<y 84.8% [---------------·····~·-\IIJilMD lO(l !fHifllAIIOiil Vlldrk U7 h (lOJ m} l"'ftb: ~lllliiUm) Atn: H )'f (JO.H m? Ap-;t~l. Wiij;lt U lbl (lU tt) ----···---·------ ScdimentSTOP has many pe1formance advanMgcs, c~pt."'Ct.111y over convcntlon.ll methods such as hay bales, straw wanlcs .md silt fence. • I ().1)b l>iodegrad~. so then.!' r.. no c~tly and tirnc- coo~l~'lf: remolilllikc v.-ith most altcm.11Jvcs. • nte structura»y-SOt.nd. net-reinforced l")ee"S prevent failures tf the 0\t.cr netting Wlilp tS. d.1!Wtgcd .lfl<.'f' it'-'>t..il!aoon, • lxtn:mc!y fleXIble Jnd re;ldJt c::.onfoml'; to lho:: g.ro~1nd sutface. so unden:utting IS mlllirrulcd • The ccmbinallan of straw and coconut ftbcrs l"npmvcs Qtr"illicJ(l C<lflilbihtit...~ m,OOmizJng ~~11\l'nlt l.'lL'fltiott • J)u...en to t:oc up lo 985% clft..'<:tM! ;11 n .. 'tlutu~g ~l-dinl(.•nt m.igratior\ • H~t: ,)tt..JChcd Spl<ish Apron r~oe improves scdment ~ltr.1t~on \•,1"''c m:!I.!Crng potcnts:il dOM'lh1!1 crmior) • B.ned on rcscarr.h conwctcd at Utah State Uni\'Cf'9t'{"s W,1tr:r f~.evt.h F,Kility. • Hot !.ILC ::: 20 It bog I ? hcriLooLll: I VC1'trG\l ff"·tdicrrl\. • Fnch plot wrt~ L'.:(JXj<.l...xllo 1 irXht.!::. of r<:~in f.·dt (or on~.: hour; •lWo Scd~l~ntSlOP5. and l'MJ walllcs ·.vcrc ir..-.1;~kx1 on CJdl plot. one .1t the mid poim Md coe 2 f:. rrom Uv.:: Cottom end. • St>drrncnt WiiS collected and nie.l<.J.Jfed frun e;Kh protected pi'Jl dnd ah.o kom U·il! txJru :;c.! conuol plol • /'tc-,t.',:V(h Wol'> Cf>ndu~1e<J Of"l ;) ';,)l'(ly lo."un SOtl. ' ( ANTERORESOURCES PICEANCE CORPORATION BRYNILDSON WATER STORAGE FACILITY SPCCPLAN In review of Federal Regulations found in 40 Code of Regulations Part 112 Oil Pollution Prevention\ not withstanding exemption to the regulation, the EPA Regional Administrator may determine that all or part of this regulation (the requirement to develop and implement a SPCC Plan) applies to these facilities and the owner/operator of these facilities is required to develop and implement a SPCC Plan within six (6) months of such determination. (See Attached Regulation) Antero Resource Piceance Corporation understands and agrees to the need for a Spill Prevention Control & Countermeasure (SPCC) Plan. It is a common practice by the Oil & Gas Industry that these plans are prepared after the site has been constructed. Antero will assure that a site specific SPCC Plan will be prepared and submitted to all applicable agencies immediately following construction of the Brynildson Water Storage Facility. 140 CFR Ch. I (7-1-05 Edition) § 112.1 General applicability. (a)(l) This part establishes procedures, methods, equipment, and other requirements to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act). (2) As used in this part, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require. (b) Except as provided in paragraph (d) of this section, this part applies to any owner or operator of a non-trans-portation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters ofthe contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) that has oil in: (I) Any aboveground container; (2) Any completely buried tank as de-fined in § 112.2; (3) Any container that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise "permanently closed" as defined in § 112.2; (4) Any "bunkered tank" or "par-tially buried tank" as defined in § 112.2, or any container in a vault, each of which is considered an aboveground storage container for purposes of this part. (c) As provided in section 313 of the Clean Water Act (CWA), departments, agencies, and instrumentalities of the Federal government are subject to this part to the same extent as any person. (d) Except as provided in paragraph (f) of this section, this part does not apply to: (1) The owner or operator of any fa-cility, equipment, or operation that is not subject to the jurisdiction of the Environmental Protection Agency (EPA) under section 311 G)(! )(C) of the CW A, as follows: (i) Any onshore or offshore facility, that due to its location, could not reasonably be expected to have a discharge as described in paragraph (b) of this section. This detennination must be based solely upon consideration of the geographical and location aspects of the facility (such as proximity to navigable waters or adjoining shorelines, land contour, drainage, etc.) and must exclude consideration of man-made features such as dikes, equipment or other structures, which may serve to restrain, hinder, contain, or otherwise prevent a discharge as described in paragraph (b) of this section. (li) Any equipment, or operation of a vessel or transportation-related onshore or offshore facility which is subject to the authority and control of the U.S. Department of Transportation, as defined in the Memorandum of Understanding between the Secretary ofTransportation and the Administrator of EPA, dated November 24, 1971 (Appendix A of this part). (iii) Any eqnipment, or operation of a vessel or onshore or offshore facility which is subject to the authority and control of the U.S. Department of Transportation or the U.S. Department of the Interior, as defined in the Memorandum of Understanding between the Secretary of Transportation, the Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (Appendix B of this part). (2) Any facility which, although oth-erwise subj eel to the jurisdiction of EPA, meets both of the following requirements: (i) The completely buried storage ca-pacity of the facility is 42,000 gallons or less of oil. For purposes of this exemption, the completely buried storage capacity of a facility excludes the capacity of a completely buried tank, as defined in § 112.2, and connected underground piping, underground ancillary equipment, and containment systems, that is currently subject to all of the technical requirements of part 280 of this chapter or all of the technical requirements of a State program approved under part 281 of this chapter. The completely buried storage capacity of a facility also excludes the capacity of a container that is "permanently closed," as defined in§ 112.2. (ii) The aggregate aboveground stor-age capacity of the facility is 1,320 gallons or less of oil. For purposes of this exemption, only containers of oil with a capacity of 55 gallons or greater are counted. The aggregate aboveground storage capacity of a facility excludes the capacity of a container that is "permanently closed,'' as defined in § 112.2. (3) Any offshore oil drilling, produc-tion, or workover facility that is subject to the notices and regulations of the Minerals Management Service, as specified in the Memorandum of Understanding between the Secretary of Transportation, the Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (Appendix B of this part). (4) Any completely buried storage tank, as defined in§ 112.2, and connected underground piping, underground ancillary equipment, and containment systems, at any facility, that is subject to all of the technical requirements of part 280 of this chapter or a State program approved under part 281 of this chapter, except that such a tank must be marked on the facility diagram as provided in§ ll2.7(a)(3), if the facility is otherwise subject to this part. (5) Any container with a storage ca-pacity of less than 55 gallous of oil. (6) Any facility or part thereof used exclusively for wastewater treatment and not used to satisfy any requirement of this part. The production, recovery, or recycling of oil is not wastewater treatment for purposes of this paragraph. (e) This part establishes requirements for the preparation and implementation of Spill Prevention, Control, and Countermeasure (SPCC) Plans. SPCC Plans are designed to complement existing laws, regulations, rules, standards, policies, and procedures pertaining to safety standards, fire prevention, and pollution prevention rules. The purpose of an SPCC Plan is to form a comprehensive Fed-eraVState spill prevention program that minimizes the potential for discharges. The SPCC Plan must address all relevant spill prevention, control, and countermeasures necessary at the specific facility. Compliance with this part does not in any way relieve the owner or operator of an onshore or an offshore facility from compliance with other Federal, State, or local laws. (f) N otwithstancling paragraph (d) of this section, the Regional Administrator lli.ay require that the owner or operator of any facility subject to the jurisdiction of EPA under section 3ll(j) of the CWA prepare and implement an SPCC Plan, or any applicable part, to carry out the purposes of the CWA. (1) Following a preliminary deter-mination, the Regional Administrator must provide a written notice to the owner or operator stating the reasons why he must prepare an SPCC Plan, or applicable part. The Regional Administrator must send such notice to the owner or operator by certified mail or by personal delivery. If the owner or operator is a corporation, the Regional Administrator must also mail a copy of such notice to the registered agent, if any and if known, ofthe corporation in the State where the facility is located. (2) Within 30 days of receipt of such written notice, the owner or operator may provide information and data and may consult with the Agency about the need to prepare an SPCC Plan, or applicable part. (3) Within 30 days following the time under paragraph (b)(2) of this section within which the owner or operator may provide information and data and consult with the Agency about the need to prepare an SPCC Plan, or applicable part, the Regional Administrator must make a final determination regarding whether the owner or operator is required to prepare and implement an SPCC Plan, or applicable part. The Regional Administrator must send the final detennination to the owner or operator by certified mail or by personal delivery. If the owner or operator is a corporation, the Regional Administrator must also mail a copy of the final determination to the registered agent, if any and if known, of the corporation in the State where the facility is located. (4) If the Regional Administrator makes a final determination that an SPCC Plan, or applicable part, is necessary, the owner or operator must prepare the Plan, or applicable part, within six months of that final determination and implement the Plan, or applicable part, as soon as possible, but not later than one year after the Regional Administrator has made a final determination. (5) The owner or operator may appeal a final determination made by the Regional Administrator requiring preparation and implementation of an SPCC Plan, or applicable part, under this paragraph. The owner or operator must make the appeal to the Administrator of EPA within 30 days of receipt of the final determination under paragraph (bX3) of this section from the Regional Administrator requiring preparation and/or implementation of an SPCC Plan, or applicable part. The owner or operator must send a complete copy of the appeal to the Regional Administrator at the time he makes the appeal to the Administrator. The appeal must contain a clear and concise statement of the issues and points of fact in the case. In the appeal, the owner or operator may also provide additional information. The additional information may be from any person. The Administrator may request additional information from the owner or operator. The Administrator must render a decision within 60 days of receiving the appeal or additional information submitted by the owner or operator and must serve the owner or operator with the decision made in the appeal in the manner described in paragraph (f){ I) of this section. § 112.3 Requirement to prepare and implement a Spill Prevention, Control. and Countermeasure Plan. The owner or operator of an onshore or offShore facility subject to this section must prepare a Spill Prevention, Contro~ and Counteilneasure Plan (hereafter "SPCC Plan" or "Plan)," in writing, and in accordance with§ ll2.7, and any other applicable section of this part. (a) If your onshore or offshore facility was in operation on or before August 16,2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, on or before February 17, 2006, and must implement the amended Plan as soon as possible, but not later than August 18, 2006. If your onshore or offshore facility becomes operational after August 16, 2002, through August 18, 2006, and could reasonably be expected to have a discharge as described in § 112 .I (b), you must prepare a Plan on or before August 18,2006, and fully implement it as soon as possible, but not later than August 18, 2006. (b) If you are the owner or operator of an onshore or offshore facility that becomes operational after August 18, 2006, and could reasonably be expected to have a discharge as described in§ 112.l(b), you must prepare and implement a Plan before you begin operations. (c) If you are the owner or operator of an onshore or offshore mobile facility, such as an onshore drilling or workover rig, barge mounted offShore drilliug or workover rig, or portable fueling facility, you must prepare, implement, and maintain a facility Plan as required by this section. You must maintain your Plan, but must amend and implement it, if necessary to ensure compliance with this part, on or before August 18, 2006. If your onshore or offshore mobile facility becomes operational after August 18, 2006, and could reasonably be expected to have a <lischarge as described in§ ll2.l(b), yon must prepare and implement a Plan before you begin operations. This provision does not require that you prepare a new Plan each time you move the facility to a new site. The Plan may be a general Plan. When you move the mobile or portable facility, you must locate and install it using the discharge prevention practices outlined in the Plan for the facility. The Plan is applicable only while the facility is in a fiXed 40 CFR Ch.l (7-1-oS EdiHon) ) ) Wildlife Assessment Brynildson Water Treatment Facility Garfield County Special Use Permit Application Proposed location ofBrynildson Water Treatment Facility, viewing from the south. Prepared for: Antero Resources Piceance Corporation Prepared by : WestWater Engineering Inc. 2516 Foresight Circle #1 Grand Junction, CO 81505 970-241-7076 In coordination with: Wagon Wheel Consulting Rifle, CO February 2007 Introduction Brynildson Water Treatment Facility Wildlife Assessment Garfield County Special Use Permit Application The Antero Resources Piceance Corporation's Brynildson Water Treatment Facility site is located in SE Y. NE Y. Section 19, T6S, R92W, approximately 4.5 miles east southeast of Rifle, CO. The proposed site is adjacent to a currently active natural gas well site, on a sagebrush mesa southwest of Mamm Creek on private land. Entry to the proposed site is via the access road for the existing well site. Site Inspection and Survey The perimeter and adjoining lands were surveyed for vegetation communities, soils, and wildlife including raptor nests and indications of use by deer and elk. The Colorado Division of Wildlife, Natural Diversity Information Source (NDIS) was consulted for documentation of wildlife occurrence in the vicinity of the Water Treatment facility. Observations Vegetation The project area is characterized as low elevation sagebrush (Artemesia tridentata spp.) shrub lands on the second terrace above Mamm Creek. It is surrounded by juniper (Juniperus spp.) hills to the south and west and Mamm Creek to the north and east. Sagebrush on and surrounding the site appears to have been mechanically treated in the past. A grass understory was conspicuously absent, suggesting overgrazing by livestock or elk. Recent, heavy use by horses was evident on the day of the survey. Elk and Mule Deer The area of the proposed water treatment facility is within NDIS mapped mule deer and elk winter range and severe winter range (CDOW, 2007). The project site provides marginal elk wintering habitat due to a lack of grasses, but excellent mule deer wintering habitat, offering cover in the form of sagebrush draws and juniper woodlands, and browse in the form of sagebrush and rabbitbrush (Chrysothamnus spp.). Recent use by deer and elk was apparent on the day of the survey, and approximately 23 mule deer were observed in the vicinity of the proposed site (Figure I). Sagebrush and rabbitbrush around the site appeared to have been heavily browsed by wintering mule deer. High densities of elk are known to occur on Hunter Mesa south of the proposed treatment facility. The CDOW has reported as many as 800 elk wintering in this area with highest numbers occurring during severe winter conditions with heavy snow and cold temperatures. WestWater Engineering Brynildson Water Treatment Facility Page1of7 ) ) Figure 1. Mule deer observed approximately 0.25 mile to the east of proposed site on the day of the survey. Rap tors A raptor nest se arch was co nducted on foot throu g h the juniper w oo dl and s on the hill s id e so uth of the s it e. One ra ptor nest w as o bserv e d a nd is describ ed be lo w. UNRA 1- ( 13S 267806m E, 437728 9 mN) A small stic k n est I 0 ft. hi g h in a 15 ft. ta ll Junipe r tree. T he nest is curre ntly not active but appears to be in good sh a p e . No rem ai ning indicati o ns (droppings, prey rema ins, feathers) of acti v ity during the 2006 nestin g season were o bserv ed (Fi g ure 2 and 3). WW E B io log ist s w ere un a bl e to positive ly d ete rmin e th e s pecies of rapto r that may have occupied th e nest s ite . Ho weve r, the nes t was most like ly used by a n accipite r s pecies, base d o n the dime ns io ns of the nest, s ize and s pe cies of the tree, size o f s ticks used a nd know n o ccurre nces of ra ptors in the are a. T y pically, Cooper's Hawk (Accipiter coop eri) a re the most commo n s pecies us in g thi s habitat ty pe; o th er po te nti a l ra pto r s peci es in c lude th e Lo ng -eared Owl (Asio otus). As ide fro m rapto r nesting ha bi tat in the juniper woodlands, the sage brush rangeland prov id es fo ra ging ha bi ta t fo r a numbe r of raptor s pecie s including B a ld Eagles (Haliaeet us le ucocephalus), whi ch are fo und nestin g and winte rin g a lo ng the Colorad o Ri ver no rth o f th e W es tWat e r Eng in eerin g B rynil dson Water Tre atment Fac ility Page 2 o f 7 ) ) project area. Bald Eag le typically feed on carcasses of dead mule and elk that are often found on winter ra nge in the project area. Al so, sagebru sh s hru blands are potent ial ne st in g habitat for Northern Harrier (Circus cyaneus). Figure 2. Raptor Nest Tree Overlooking Site Figure 3. Close-up ofRaptor Nest Other Wildlife A li st of wildlife species that cou ld be expected to occur in the project area is presented in Table 1. During the survey, a small flock of bush tit (Psaltriparus minimus) was observed in a br ushy arroyo near the s ite . The li st was developed us in g Garfield County data obtained from the Co lorado Divi sio n of Wildlife, Coun ty Spec ies Occurrence database and was modified by WWE bio logists for the Brynildson Water Treatment Faci li ty si te (CDOW, 2007). Modifications were based on the vegetation communities prese ntly adjoining the s ite and potential wild l ife using those vegetation communities, not only at the time of year of the survey but for any time dur in g the annu al life cycle of the species li sted. T bl 1 W"ldrt 0 a e I 1e ccurrence Ch kl" tf B "ld ec IS or Srylll son W t T t a er rea men t F Tt aCIHY Co mm on Na me Scientific Name Occ urrence Ab undance BIRDS American Crow Corvus brachyrhynchos Known to o ccur Fa irl y Common American Go ldfin ch Carduelis tristis Known to occur Fairly Commo n American Rob in T11rdus migratorius Known to occur Common American Tree Sparrow Spizella arborea Known to occur Unknown Bewick's Wre n Thr,)l_omanes bewickii Known to occur Fa irl y Common Black-bill ed Magpie Pica pica Known to occur Com mon Black-capped Chickad ee Poecile atricapillus Known to occur Fairly Common Brewer's 13 lackbird E11phagus cyanocephalus Known to occur Co mmon Brewe r's Sparrow Spizella breweri Kn own to occur Commo n Brown-headed Cowbird Molothrus ater Known to occur Common Bushtit Psaltriparus minimus Known to occur Uncommo n Chipping Spa rrow Spizella passer ina Kn own to occur Common Clark's Nutcracker N11cijra1JC1 columbiana Known to occ ur Fai rl y Common WestWater Engineering Brynil dson Water Treatment Facility Page 3 of7 Common Name Scientific Name Occurrence Common Raven Corvus corax Known to occur Dark-eyed Junco Junco hvemalis Known to occur Downy Woodpecker Picoides Dubescens Known to occur Field Sparrow Spizella pusilla Known to occur Great Horned Owl Bubo virginianus Known to occur Green-tailed Towhee Pipi/o chlorurus Known to occur Cooper's Hawk Accipiter cooperii Known to occur Long-eared Owl Asia otus Known to occur Hairy Woodpecker Picoides vi/losus Known to occur Bald Eagle Haliaeetus /eucocephalus Known to occur Juniper Titmouse Baeo/ophus griseus Known to occur Lesser Goldfinch Carduelis psaltria Known to occur MacGillivray's Warbler Oporornis tolmiei Known to occur Mourning Dove Zenaida macroura Known to occur Northern Flicker Colaptes auratus Known to occur Pygmy Nuthatch Sitta pygmaea Known to occur Red Crossbill Loxia curvirostra Known to occur Sage Sparrow Amphispiza belli Known to occur Sage Thrasher Oreoscootes montanus Known to occur Sootted Towhee PiDilo macu/atus Known to occur Vesper Soarrow Pooecetes gramineus Known to occur Western Bluebird Sialia mexicana Known to occur Western Kingbird Tyrannus verticalis Known to occur White-breasted Nuthatch Sitta carolinensis Known to occur White-crowned Sparrow Zonotrichia leucophrys Known to occur Wild Turkey Meleagris ga/lf:!J!gvo Known to occur MAMMALS American Elk Cervus canadensis Known to occur Bobcat Lynx r~fus Known to occur Common Porcupine Erethizon dorsatum Known to occur Coyote Canis /atrans Known to occur Deer Mouse Peromvscus maniculatus Known to occur Mule Deer Odocoileus llemiomts Known to occur REPTILES Fence Lizard Sceloporus undulatus Known to occur Racer Coluber constrictor Known to occur Western Terrestrial Garter Snake Thamnophis e/e~;ans Known to occur . Occurrence IS for Garfield County m s1m1lar habitat and not necessanly th1s s1te as ed1ted by WestWater. **Abundance is for where found in Garfield County, not necessarily this site. Discussion Abundance Fairly Common Common Uncommon Unknown Uncommon Common Fairly Common Uncommon Uncommon Uncommon Fairly Common Fairly Common Fairly Common Common Fair_ly Common Rare Uncommon Uncommon Uncommon Common Common Rare Fairly Common Fairly Common Fairly Common Uncommon Abundant Common Uncommon Abundant Abundant Abundant Common Uncommon Fairly Common The proposed location of the Brynildson Water Treatment Facility is in typical sagebrush shrub land habitat, which in western Colorado provides habitat for a diversity of wildlife species. Many endemic wildlife species depend on sagebrush shrub lands during some portion of their life history and some species are known to be sagebrush obligates. The area affected by the Brynildson Water Treatment Facility would be only a small portion of an overall landscape that is composed of approximately 50% sagebrush shrubland. Construction activities would result in WestWater Engineering Brynildson Water Treatment Facility Page4 of7 short and long-term affects to wildlife in the project area. In addition to the directly affected habitat within the footprint of the facility, habitat surrounding the site may undergo a reduction in quality for certain wildlife species that are sensitive to the increased level of human activity associated with construction and maintenance of the facility. During times of peak human activity, numbers of wildlife would be reduced in the immediate vicinity. Although wildlife, including megafauna, may become habituated to the level of activity, wildlife use would be diminished by the existence of the facility and surrounding developed environment. Currently, relatively normal wildlife use is not excluded in nearby, undisturbed terrain and habitat. Wildlife Mitigation and Management Recommendations Improve undisturbed sagebrush shrub lands One strategy to mitigate for the loss of wildlife habitat from development of the site is to improve the condition of the vegetation nearby in unaffected sagebrush communities. Multiple enhancement practices to treat target vegetation communities can be employed. Mule deer, elk and many other sagebrush related species also benefit from treatments targeted for a specific species, e.g. brewer's and vesper sparrows, sage thrasher, and mountain bluebirds. Mitigation treatment practices include mechanical removal of invasive pinon pine (Pinus edulis) or Utah juniper (Juniperus utahensis) and chopping, grinding or mowing a portion of the older, more senescent sagebrush and other deciduous shrubs (e.g. serviceberry (Ame/ancheir a/nifolia) and Gambel oak (Quercus gambeli)). Another typical practice is removing or significantly reducing all or a portion of domestic livestock grazing. In areas that have been overgrazed, inter- seeding native grasses following the removal of domestic livestock will serve to reestablish an understory of desirable grass species. Improve previously disturbed sagebrush shrub lands Another mitigation strategy is improving previously disturbed areas adjacent to the site. The reclaimed pipeline rights-of-way to the north and south of the site would benefit from weed control, grazing management and reseeding of sagebrush and grasses. The re-vegetation and weed control strategies outlined in the Integrated Vegetation and Noxious Weed Management Plan for this site could be applied to the surrounding area for wildlife mitigation purposes (WWE, 2007). The recommended seed mix for the site includes aggressive native grasses and forbs that benefits wildlife and discourage weed invasion. In areas of permanent vegetation reestablishment, the recommended seed mix would benefit from the addition of sagebrush seed, preferably collected from a local source. Sagebrush seed should be broadcast on frozen soil or early snow cover, and the recommended rate is 0.05-0.075 lbs. PLS per acre (NRCS, 2007). Minimize footprint of temporary disturbance The project should be planned to reduce the level of all soil-disturbing activities. Construction vehicles should be parked on previously disturbed lands during construction to further reduce temporary disturbance. Planning should include a feasibility study designed to identify, WestWater Engineering Brynildson Water Treatment Facility Page 5 of7 ) eliminate and rec la im unnecessary roads in the project area. Wildlife impacts co uld be mitigated by the elimination of vehicular traffic o n multiple road s, which were observed in the project area. Re -seeding Temporary on-s ite disturbances areas s hould be re-seeded with native g rasses and forbs. T his practice reduces the potential for nox io us weed invas io n and is a positive measure for wildlife. These enhancement measure s are described in the In tegrated Vegetatio n and Nox ious We e d Management Plan for thi s s ite (WWE, 2 007). Fence M ain tenance Any perimeter fencing should be maintained in a way to reduce th e potential for entrapment fro m entang lin g in the fence. Any unn ecessary existing fence should be rem oved t o reduce potential wildlife e ntrapment in severe winters. Surface Water or F luid Pond s Due to th e s ite's pro ximity to the Colorado River a nd Ma mm C reek, a s urface pond containing fluid s potentially le thal for wildlife s hould be protected by netting or other means suffi cie nt t o deter use by waterfowl and other wildlife (In stitute for Land Rehabilitatio n, 1978; USFWS, 2007). Due to the potentia l for hi g h densities of wintering mul e dee r and e lk in the project a rea, consideration should be g iven to th e in sta llation of exclu s iona ry bi g gam e fencing. T o be effec tive, thi s fencing sho uld be constructed of eight ft tall woven wire or weld ed-wi re pane ls . REFERENCES CDOW. 2007 . Wildlife s pecies occurrence. State of Colorad o, De pt. ofNat. Resources, Colorado Divi sion of Wildlife, Denver at http://ndi s.nre l.co lostate.edu/wi ld life.asp. In sti tute for Land Rehabilitation. 1978. Reh a bilitatio n of western wildlife habitat: A review. FWS/OBS 78/86. Utah State Univ., Logan for: Dept. Int., Fish and Wildlife Service Office of Biological Services Contract No. 14-16-0008-2110, Fort Coll in s, CO, 238 pp. NRCS. 2007. The PLANTS Database (http://plants.usda.gov). Natura l Resource Conservatio n Service, National Plant Data Center, USDA, B ato n Rouge, LA 70874-4490 USA . USFWS. 2007. Regio n 6, Enviro nmental Contami nants. Contaminants Issues-Oil Field Waste Pits. http ://mountain-prairie.fws.gov/contaminants/oilpits.htm U.S. Fish an d Wildli fe Service. WWE. 2007. Brynildson water treatment fac ility , integrated vegetat io n a nd noxio us weed management pl a n, Antero Resources Piceance Corporati on. WestWater Eng in eerin g . Wes tWat e r Engineerin g Bryn ildson Water Treatment Faci lity Page 6 of 7 Legend e Raptor Nest -Access Road .. Wa ter Treatment Facility c:::J Wildlife Survey Area Brynildson Water Treatment Facility Wildlife Assessment WestWater Engineering Feet 0 500 1 ,000 2,000