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HomeMy WebLinkAboutApplication.pdfGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com HDU Extension TYPE OF GRADING El MAJOR 0 MINOR INVOLVED PARTIES Property Owner: See Attached Phone: ( Mailing Address: Contractor: Crossfire, LLC Phone: ( 970 ) 884-4869 Mailing Address: P.O. Box 339 Ignacio, CO 81137 Architect: N/A Phone: ( ) Mailing Address: Engineer: Wier & Associates, Inc Phone: ( 817 ) 467-7700 Mailing Address: 701 Highlander Blvd., Suite 300 Arlington, TX 76015 PROJECT NAME AND LOCATION Project Name: HDU Pipeline Extension Describe Work: Grading of ROW for installation & burial of 12" natural gas pipeline. Proposed pipeline across fee land is @ 4,116' in length and 55' in width; permanent easement will be 30' which will be reclaimed to as near as pre -construction contours as possible. Job Address: T8S, 98W, Sections 7 & 8 Assessor's Parcel Number: See Attached Sub. N/A Lot N/A Block NIA Earthwork (square feet): 123,480 Earthwork (Cubic Yards): NIA ALL UTILITIES MUST BE LOCATED PRIOR TO ANY GRADING NOTICE Authority. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Division. Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit becomes null and void if the work authorized is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the information contained above is true and correct. I understand that the Building Division accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Division. In consideration of the issuance of the Building Permit, I agree that I and my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. I hereby grant permission to the Building Division to enter the property, described above, to inspect the work. I further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Division do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or builder. I hereby acknowledge that I have read and understand the Notice and Certification above as well as have provi e required information which is correct and accurate to the best of my knowledge. Property O /' er Print and Sign Date OFFICIAL USE ONLY Special Conditions: 5 g -r 13A (2 -14,t4(4,4 -t-- `fix Q-7 --1,),1)/A/9 Go,t G14-04.0 054. /-tAx-uc- z / 7i7'-rC ATA99 8- 2-6- 2C1 7) Permit Fee: O Misc Fees: Total Fees: Fees Paid: GO Balance due: 1)0 .C1() Grading Permit: CJ\ (e. Issue Date: I+ Zoning: `RL $" — 112—I, • --, BUILDING / PLANNING DIVISION ✓�� ,� V : igned A.. roval Date ` ,c B• a .. 00 - i)01\ • '''-4' j..,1�, 1., Red Rock Gathering Company, LLC 2128 Railroad Avenue, Suite 106 Rifle, CO 81650 Phone: 970.440.1000 Fax: 970.440.1019 www.summitmidstream.com (HDU Pipeline Extension Grading Permit) INVOLVED PARTIES PROPERTY OWNER/ MAILING ADDRESS/PHONE NUMBERS/PARCEL NUMBERS 1. Bureau of Land Management Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 (970)876-9067 2. High Lonesome Ranch #22 Enterprises, LLC 1218 Webster St. Houston, TX 77002 (970)-208-9302 COC -76368 Parcel #'s: 2443-061-00-007 2443-091-00-001 2443-101-00-009 U]\./Ii\j, IJY4 ' J -r r' r A\ i\)1 August 18, 2014 Attention: Andy Schwaller Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Grading Permit HDU Pipeline Extension Dear Mr. Schwaller: Red Rock Gathering Company, LLC 2128 Railroad Avenue, Suite 106 Rifle, CO 81650 Phone: 970.440,1006 Fax: 970.440.1312 In association with Red Rock Gathering Company's Grading Permit Application Submission, this letter shall serve as notice that Red Rock Gathering Company will comply with all of the terms and conditions associated with rights to lay one or more pipelines as set forth in the below listed documents. Document Type Right -of -Way Easement Right -of -Way Easement Date Grantor Recording Data BLM COC -76368 High Lonesome Ranch 850349 Copies of the foregoing documents have been provided to Garfield County with the submittal of the Grading Permit Application. Sincerely, Red Rock Gathering Company, LLC Bv: _,!9r, Tracey/ensen Permi Manager N 19 20 SOUTH SHALE RIDGE 3-200 *SOUTH 5 RIDGE 5-21-21 21 HOMER DEEP UNIT 21-41* 22 B SOUTH SH RIDGE 13- 23 00615 SHA RIDGE 2-1- HANCOCK GUL FTDT0A1 44- BLM COX 244113100008 18 MEDIUM PRESSURE 7,800 FT. +/— 17 SOUTH SHALE SOUTH SHALE i5IDOE 16 16 1 1 1 P.O.B. SOUTH SHA RIDGE 1D—, HOMER DEEP UNIT111 trl ge�,a��pO y,. 6 BLM 8 MCLISH® FEDERAL 6-1 SOUTH SHALE RIDGE 1-8 SOUTH SHALE RIDGE 1-88 cri I— 1- RIDGE 5-15_ 9 Z () DE U O of Q W_ •15 SOUTH SHE �1G M RIDGE 10X15 M 0 1 HANCOCK 1 GULCH 1-150 SOUTH SHALE RIDGE 11-15 OMER DEEP. IT 15-23 HANCOCK GULCH -E* 1-15C130 4 FEDERAL 4-14 SOUTH SHALE _RIDGE 15-14 E0 0 14 *HANCOCK ORY GULCH DRK UNIT 6-14 FI DERAL 1 1-14 SOUTH SHALE it RIDGE 1-14 >OUIH SHALE RIDGE SOUTH SHALE d RIDGE 4-13 1 *SOUTH SHALE • OLITH ALE RIDGE 2-13 RIDGE 2411 2.4 SOUTH SHAL RIDGE 7-2( R98 R97 19 BLM 13 18 CHEVRON 1 1 UNIT 4-9* 9 • ENTERPRISES HOLIER DEEP UNIT 9-11AH HOMER DEEP UNIT 9-1184 HANCOCK GULCH • FE 9-1 • HOHER DEEP UNIT 9-41AH FEE 15-1 4 HOMER DEEP UNIT 9-4180 3 BLM n Ice8 La. i 11 *550 1— L 12 B M LOGAN /ASH 1-43 2 OUSA 1—ILW 1 *LOGAN WASH UNIT 1-23 CHEVRON 244312400006 R98W R97W J COWPERTHWAITE 2-6 LW CHEVRON i 244312400006 LOG WASH 6 UNI 6-42 1 31 BLM 32 33 0 DESERT STORM UNIT 1 34 35 36 CHEVRON 244312400006 R98W R97W 31 BLM *LEGEND* P.O.B. PLACE OF BEGINNING P.O.T. PLACE OF TERMINATION HOMER DEEP UNIT (7,800' +/-) I I 350' BUFFER idle ii: tom. Id, GARFIELD COUNTY ASSESSOR'S MAP HOMER DEEP UNIT MEDIUM PRESSURE GAS PIPELINE SECTIONS 7 & 8, T8S, R98W, 6TH P.M. GARFIELD COUNTY. COLORADO WASURVEYORPREPARING THIS EXHIBIT: WIER S. ASSOCIATES, INC. DRAAN BY: ALS CHECKED 8Y: ALS SCALE: 1'=3000' DATE: 07-23-2014 DWG, N D. DATE: 07-23-2014 APP,: ALS 1 OF 1 REV. Form 2800-14 (August 1985) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT Issuing Office LLCON03000 Serial Number COC 76368 1. A (right-of-way) (permit) is hereby granted pursuant to: a. ['Title V of the Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); b. X Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185); c. Other (describe) 2. Nature of Interest: a. By this instrument, the holder Red Rock Gathering Company, LLC receives a right to construct, operate, maintain and terminate a 12" Natural Gas Pipeline on Federal Land described as follows: 6th Principal Meridian T. 8 S., R 98 W., Section 7: S2NE, NWSE Section 8: NENE Section 9: NENE, N2NW Section 10: SWNW Section 11: S2SW, S2SE Section 12: S2SW Garfield County, Colorado b. The right-of-way or permit area granted herein is 30 feet wide, 3.09 miles long and contains 11.23 acres, more or less. If a site type facility, the facility contains acres. c. This instrument shall terminate on 12/31/2044 unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument ® may 0 may not be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted for such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. (Continued on page 2) Red Rock Gathering Company, LLC HDU Gas Pipeline ROW 1 1 1 z0 Red Rock Gathering Company, LLC HDU Gas Pipeline ROW E o n E Z 'o v m t K - 3 w z all 0 U c f g o w EXHIBIT 2 COC 76368 COC 76368-01 EXHIBIT 2 SITE SPECIFIC STIPULATIONS The following measures are required by the BLM: Soils and Water Resources • Pre -construction inspections shall include on -the -ground review of installed pre - construction storm water BMPs and limit -of -disturbance staking. • Exposed rock outcrops present in pipeline corridors or on proposed well pad locations shall be removed intact, as possible (salvaging large pieces from the outcrop), and replaced on the ground surface at the margins of the corridor and/or as close to the original location as practical, to be redistributed as part of reclamation. Equipment bridges and mats shall be used where soils are saturated, to minimize compaction of soils and subsequent stream bank erosion. • A copy of the SPCC Plan shall be provided to the BLM prior to construction. • If hydrostatic test water or trench dewatering water is discharged, it shall be discharged to an upland area at least 150 feet from WoUS and wetlands, to infiltrate into the ground without causing erosion. BLM approval of the discharge location and proposed BMPs shall be obtained before discharging hydrostatic test water to an upland area. • Pipeline construction across ephemeral and intermittent drainages shall occur when no flowing water is present. • Emergency spill response equipment shall be stored and staged at strategic locations along perennial water courses, to expedite effective spill response. • Avoid locating staging, refueling and storage areas within 300 feet of any natural perennial or seasonally flowing stream, wetland, reservoir, or lake. • Avoid low water crossings. Structures for perennial or intermittent stream channel crossings shall be engineered using bridges or appropriately sized culverts. • Pipelines that cross perennial, intermittent and ephemeral stream channels shall be constructed to withstand floods of extreme magnitude, to prevent rupture and accidental contamination of runoff. Closely follow methods and analysis outlined in BLM technical note 423 -Hydraulic Considerations for Pipelines Crossing Stream Channels, to prevent undesirable events. Noise • Construction shall occur during daylight hours, when there is less sensitivity to sound. • All equipment shall have sound control devices no less effective than those provided by the manufacturer. All equipment shall have muffled exhausts. • Trucks shall not use engine brakes on BLM roads. Invasive Non -Native Species Areas requiring monitors shall include activities within 100 meters of Colorado hookless cactus plants and within 200 meters of DeBeque phacelia suitable habitat. • Selected sites with Colorado hookless cactus and/or DeBeque phacelia shall be monitored within varying distances of disturbance every 5 years throughout the life of the project, or at other recommended frequency as determined by monitoring results, to determine long- term effects on special status plants/habitat, effectiveness of conservation measures, and to develop adaptive conservation measures. o Site selection and monitoring shall be coordinated with the FWS. o Sample plots shall be photographed 1) prior to disturbance, 2) every 5 years after disturbance and 3) at the end of the proposed project (estimated to be 20 years). o Plants at each site shall be counted, if present; health and status of the plants and habitat shall be documented. o A monitoring report shall be submitted to the BLM and the FWS by December 1 of each monitoring year. Colorado Hookless Cactus • No individuals shall be directly affected by project activities. • Well pads, centralized facilities, and new roads shall all be kept further than 20 meters from individual hookless cacti. • In areas where listed plants occur, buried pipelines shall be co -located with existing roads or existing pipeline corridors. This minimizes fragmentation of undisturbed habitats, but . could lead to the burial of a pipeline nearer to plants than 20 meters. In this situation, the pipeline shall be buried on the far side of the existing disturbance from the hookless cactus to maximize its distance from the pipeline disturbance. As a result, new disturbance will not be closer to hookless cactus than existing disturbance (e.g., existing access roads and/or pipeline corridors). • No surface -disturbing activities shall occur within 100 meters of Colorado hookless cactus plants during the cactus flowering season (April through May), to minimize indirect effects (dust, etc.) to pollinators and cactus reproduction. • Silt barriers and fugitive dust control measures (watering roads/surface disturbance; no additives) shall be implemented, to minimize effects to cactus within 100 meters of existing disturbances (see Maps 1 through 6). • Temporary fencing near occupied habitats shall be installed prior to any disturbance, to prevent trampling by workers or equipment. Fencing shall be removed immediately after activities are complete. • The required project SWMP shall include implementation, monitoring and maintenance of site-specific BMPs, such as straw wattles, to minimize or avoid alteration of hydrologic conditions when project activities are located within 20 meters of documented hookless cactus plants. • Herbicides shall not be used to control weeds within 100 meters of Colorado hookless cactus plants unless approved by BLM. Noxious weeds closer to Colorado hookless cactus plants shall be removed by hand prior to soil disturbance, to reduce reestablishment and potential re -distribution of weed seed and/or propagules. Prior to • Herbicides shall not be used to control weeds within 200 meters of DeBeque phacelia suitable habitat unless approved by the BLM. Noxious weeds closer than 200 meters to such habitat shall be removed by hand prior to soil disturbance, to reduce reestablishment and potential re -distribution of weed seed and/or propagules. Prior to weed control, operator shall consult with the BLM on a site-specific basis. Areas where weed treatment may be restricted are shown on Maps 1 through 6. • DeBeque phacelia habitats within 100 meters of project activities shall be monitored annually for a minimum of 3 years after ground -disturbing activities. Additionally, select sites shall be monitored every 5 years throughout the life of the project (estimated to be 20 years) to determine long-term effects, if any, on DeBeque phacelia survival and recruitment, and habitat suitability, near the project. Monitoring of DeBeque phacelia habitats within 100 meters of project activities may be necessary within the areas identified on Maps 1 through 6 as "Restricted Weed Treatment/Dust Abatement." Monitoring results shall be provided to both BLM and the FWS. Wildlife • All equipment used within drainages, which could transfer materials from one waterway to another, shall be sanitized per CPW protocols, including water extraction equipment. • As part of the Bear Aware program, all project personnel shall review the CPW publication "Living with Bears" http://wildlife.state.co.us/WildlifeSpecies/LivingWithW ildlife/Mammals/Pages/LivingW i thBears.aspx), developed as part of the Bear Aware program. • Project staff shall report poaching incidents to Operation Game Thief. • Workers shall carpool to drilling locations from December thru April. Cultural Resources, Tribal and Native American Religious Concerns • A contracted archaeologist from a permitted cultural resource firm approved by the GJFO archaeologist shall monitor known sites during any and all construction activity within 100 yards, to prevent direct impacts to sites. Known sites along the pipeline route include 5GF4762 and 5GF4765. 5GF4765 shall also be fenced during construction and monitoring. Wastes • If a reportable spill occurs, immediately contact the BLM, CDPHE Water Quality Control Division and CPW. • Spill station locations shall be established and placed in strategic locations. Recreation • Warning signs shall be posted on project area roads to alert recreationists and project personnel to each other's presence and to help avoid accidents. • Construction timing shall be coordinated with area outfitters and landowners, to avoid conflicts with users of dispersed recreation sites and to mitigate impacts to them. Range Management • Planned activities shall be coordinated with affected grazing permit holders. EXHIBIT 3 COC 76368 COC 76368-01 EXHIBIT 3 Standard Stipulations 1. Administrative Notification & Requirements. The operator will notify the BLM representative at Least 48 hours prior to initiation of construction or reclamation activities. A pre -construction meeting may be scheduled to review all conditions and or stipulations with the operator. Complete copies of all applicable permits, will be kept on site during construction and drilling activities. All on-site personnel will review the approved permit with the COAs before working on the project. 2. Fire. The operator will implement measures to prevent fires on public and private land and be responsible for the costs of suppressing fires on public lands that result from the actions of its employees, contractors, or subcontractors. Range or forest fires caused or observed by such personnel will be immediately reported to the BLM Grand Junction Dispatch at 970-257-4800. All fires or explosions that cause loss of oil or gas, damage to property or equipment, or injuries to personnel will immediately be reported to the BLM Grand Junction Field Office at 970-244-3000. During conditions of extreme fire danger, surface -use operations may be restricted or suspended in specific areas. Additional measures could be required by the BLM. The BLM may require adaptive management techniques to minimize fire hazards/risks. 3. Other Permits. BLM authorization is contingent upon receipt of and compliance with all applicable federal, state, county, municipal and local permits, including all necessary environmental clearances and permits (Colorado Oil and Gas Conservation Commission (COGCC), U.S. Army Corps of Engineers (USACE), U.S. Fish & Wildlife, U.S. Forest Service, Colorado Department of Transportation, Colorado Department of Health & Environment, County Oil and Gas liaisons, County Health and Road Departments, municipalities, etc.). 4. Existing Uses. The operator will obtain agreements allowing construction and maintenance with all existing right-of-way holders, authorized users, and pipeline operators prior to surface disturbance or construction of the location or access across or adjacent to any existing or approved rights-of-way or pipelines. In the case of privately owned surface, the operator will certify to BLM that a Surface Use Agreement has been reached with the private surface owners prior to commencing construction and that the owner has been provided a copy of the Surface Use Plan of Operations (SUPO) that is part of a Federal APD. If Agreement cannot be reached, the operator will comply with provisions of the law or regulations governing the Federal right of re-entry to the surface (43 CFR 3814). 5. Migratory Bird Act. New surface disturbance, especially vegetation removal, will not be allowed between May 15 and July 15, to prevent potential taking of migratory birds and/or eggs, unless otherwise approved in writing by the Grand Junction Field Manager. If surface disturbance is proposed during this period, a written request for exception and a migratory bird survey will be submitted for approval prior to any surface disturbance. If vegetation removal is accomplished prior to May 15, exception may be granted to allow project activities to proceed during the closure period. Permanent caps will be placed on or fill placed in any open metal or plastic pipe or post to prevent entrapment of birds. 6. Federally Protected Species Notifications. If the operator discovers a dead or injured federally EXHIBIT 3 COC 76368 COC 76368-01 determined by the Authorized Officer after consulting with the operator. Within 10 days, the operator will be allowed to continue construction through the site, or will be given the choice of either (1) following the Authorized Officer's instructions for stabilizing the fossil resource in place and avoiding further disturbance to the fossil resource, or (2) following the Authorized Officer's instructions for mitigating impacts to the fossil resource prior to continuing construction through the project area. d) If human remains are discovered on private or state land associated with this authorization, the BLM will notify the State of Colorado Archaeologist immediately, who will comply with Colorado Revised Statutes (Appendix) regarding the discovery of human remains (24-80-1302). e) In a new discovery situation, the operator may relocate activities to avoid the expense of mitigation and delays associated with this process, as long as the new area has been appropriately inventoried and has no resource concerns, and the exposed materials are recorded and stabilized. Otherwise, the operator will be responsible for mitigation costs. The BLM authorized officer will provide technical and procedural guidelines for relocation and/or to conduct mitigation. Upon verification from the BLM authorized officer that the required mitigation has been completed, the operator will be allowed to resume construction. 10. Big Game Winter Range Timing Limitation. Where winter range areas identified by BLM are not protected by lease stipulations, an annual Timing Limitation (TL) period will apply from January 1 to March 1, to minimize impacts to wintering big game. All construction, drilling, completion, work- overs and other intensive activities are excluded during the 60 -day period. Requests for exceptions to Timing Limitations will be submitted in writing to the BLM via a Sundry Notice. 11. Range Management. Damage to range improvements (fences, gates, reservoirs, pipelines, etc.) will be avoided, but if they are damaged, the operator will immediately repair or replace them. Where an access road bisects an existing livestock fence, a steel frame gate or a cattle -guard with a bypass gate will be installed across the roadway. 12. Soils. Cuts and fills will be minimized when working on erosive soils and on slopes in excess of 30 percent. Cut -and -fill slopes will be stabilized through revegetation practices with an approved seed mix shortly following construction activities, to minimize the potential for slope failures, erosion and soil loss. Fill slopes adjacent to drainages will be protected with BMPs designed to minimize sediment transport. On slopes greater than 50 percent, BLM may require a professional geotechnical analysis and/or engineered plans prior to construction. 13. Weed Control. Before any mobilization of equipment onto public lands, to prevent the spread of invasive species, the operator will perform inspections to insure that all construction equipment and vehicles are clean and free of soil, mud and vegetative material. Avoid driving through or parking on weed infestations. 14. Dust Abatement. The operator will prevent and abate fugitive dust as needed, whether created by vehicular traffic, equipment operations or wind events. If dust abatement is insufficient, the BLM may direct the operator to change the level and type of treatment. BLM approval is required before application of surfactants, binding agents, or other dust -suppression chemicals on federally permitted projects and on public lands. More stringent dust control may be required in areas adjacent to Federal - or State -listed threatened, endangered, or sensitive plant species. EXHIBIT 3 COC 76368 COC 76368-01 standards (pp. 24-28). Water outlets such as turn -outs and culverts, will incorporate BMPs like rip - rap, sediment catchments and anchored check structures which slow water velocity, to prevent erosion and sediment transport. If applicable, initial gravel application will be to a minimum depth of 4 inches. When saturated soil conditions exist on access roads or location, or rutting deepens to 3 inches, construction and travel will be halted until soil material dries out, is frozen sufficiently or is otherwise brought to standards appropriate for resource protection and road construction. Use will not proceed under conditions of undue damage and erosion to soils, roads and/or locations. All drainage ditches and culverts will be kept clear and free flowing, and be maintained in good condition. Where roads are located near drainages, vegetated buffer strips will be left between areas of disturbance and drainages. (See Drainage Crossings and Culverts.) The operator will provide timely maintenance of roads. A regular schedule for maintenance will include, but not be limited to dust abatement, reconstruction of the crown, slope, or water dips/bars; blading or resurfacing; clean-out of ditches, culverts, catchments and other BMPs. When rutting of the travel -way deepens to 3 inches, maintenance or upgrade will be conducted as approved by BLM. Roads that access active construction and drilling sites will be posted with warning signs to alert hunters and recreational vehicle users that project personnel and vehicles are in the area. Project personnel will restrict activities and travel to permitted roads and sites. Operator will install speed control measures on project -related unpaved roads. Ditches may be revegetated and/or include large rocks or other BMPs, to slow drainage velocity and settle sediment. Ditch seeding and revegetation may be required in erodible soils. All cut and fill slopes for roads (and well pads and related locations) will be protected against rilling and erosion with BMPs such as soil texturing and seeding or additional measures approved by the BLM. Measures may include geotextiles, weed -free straw crimping/ bales/ wattles/ matting, as needed or as detailed by storm water plan or BLM permit. BMPs will be monitored and maintained in functional condition. 20. Visual Resource Protection. Pads, roads, pipelines and production facilities will be located and placed to avoid or minimize visibility from travel corridors, residential areas and other sensitive observation points—unless directed otherwise by the BLM—and will be designed to maximize reshaping of cut/fill slopes and interim reclamation of the pad. To the extent practical, existing vegetation will be preserved when clearing and grading for pads, roads, and pipelines. Tree or shrub removal may be required by cutting or by shredding to provide slope stability or leave root systems in place. BLM may direct that cleared trees and rocks be salvaged and redistributed over reshaped cut -and -fill slopes or along linear features. To mitigate straight-line visual contrast effects of cut/ fill slopes, pad margins or cleared vegetation, adaptive management techniques may be required by the BLM before or after construction. Example: Additional tree removal along contrasting edges, to create irregularly shaped openings or natural - looking mosaic patterns; texturing or coloring surfaces to mitigate visual contrasts. To blend with the natural environment, all permanent above -ground facilities placed on the location will be painted a natural color to blend with the background landscape, in a non -reflective finish. A EXHIBIT 3 COC 76368 COC 76368-01 All secondary containment systems will be designed, constructed, and maintained to prevent wildlife and livestock exposure to harmful substances. The operator will install effective wildlife and livestock exclosure systems like fencing, netting, expanded metal mesh, lids and grate covers. 23. Pipelines. Buried pipelines will have a minimum cover of 48 inches in a roadway and at road crossings, 36 inches through typical soil and rock, and 24 inches in areas requiring rock blasting. The permit holder is responsible for burying a pipeline to a depth that safely accommodates existing land and road uses and maintenance activities. (\ Buried pipelines will be reclaimed to final reclamation at the time of installation. Pipeline warning signs permanently marked with the operator's and owner's names (emergency contacts) and purpose (product) of the pipeline will be installed within five days of construction completion and prior to use of the pipeline. Pipeline warning signs are required at all road crossings and along the alignment, visible from sign to sign. Pipelines installed beneath stream crossings will be buried to a minimum depth of 4 feet below the channel substrate, to avoid pipeline exposure by channel scour and degradation. Following pipeline burial, the channel grade and substrate composition will be returned to pre -construction conditions. All pipeline welds within 100 feet of a perennial stream will be x-rayed to prevent leakage. Where pipelines cross streams that support Federal- or State -listed threatened or endangered species or other sensitive species, the BLM may require additional safeguards, including double -walled pipe, and remotely -actuated block or check valves on both sides of the stream. 24. Well Drilling, Testing, and Completion (Pits). Substances specifically listed as hazardous waste or demonstrating character of a hazardous waste (40 CFR 261) will not be used in drilling, testing, or completion operations, nor introduced at any time into the reserve or cuttings pit. The operator will minimize or preclude releases of hydrocarbons into open pits. Unless the authorized officer approves the release, no oil shall go into a pit except in an emergency. The operator shall remove any hydrocarbons (oil, condensate, paraffin, diesel, etc.) introduced a pit within 24 hours of discovery. Fluids will be confined to pits or tanks during air drilling, flaring or fracturing operations. Flare or blooey lines will be directed into a pit and against a bank to prevent dispersion of materials or flame. Any blooey line will be misted to prevent dispersion of materials. All pits that may contain liquid material will be lined to prevent seepage into the ground. The pit liner will be maintained in good working condition, with no tears or holes, until the pit is closed. Pits will be constructed to preclude the accumulation of precipitation runoff and maintain a minimum of 2 feet of freeboard between the maximum fluid level and the lowest point of containment. If pit fluids threaten to rise to a level above that, the operator will immediately prevent introduction of additional fluids until sufficient pit capacity has been restored through fluid removal or will install an alternative approved containment method. The operator will prevent wildlife and livestock access (including avian wildlife) to fluids pits that contain or have the potential to contain salinity sufficient to harm wildlife or livestock, to contain hydrocarbons, surfactants, or Resource Conservation and Recovery Act -exempt hazardous substances. EXHIBIT 3 COC 76368 COC 76368-01 be imposed. "Wildlife friendly" conditions are intended to prevent wildlife loss and potential legal consequences. Pits will be dry prior to soil testing and backfilling and closed per COGCC standards. Before backfilling, impervious pit liner will be removed and disposed of properly. Liquids and solids collected on/in the liners will not be allowed to come into contact with the pad surface, parent soil or any other earthen layers during site cleanup. Liners will be properly cleaned prior to removal or removed in such a manner that liquids/solids do not escape. Liners may be washed off into lined ditches, lined sumps or into the lined cellar and then pumped to the lined sumps prior to being removed. At the time of backfilling, all muds and associated solids will be confined to the pit, with none squeezed out or incorporated into surface materials. A minimum of 4 feet of cover (overburden) is required above any muds or solids. When work is complete, the pit area must support the weight of heavy equipment without subsidence. 25. Production. Production facilities will be located and arranged to facilitate safety and minimize long- term surface disturbance. Typically, they will be clustered at the access end of the pad with tanks in cut. Access to facilities shall be provided by a teardrop -shaped road through the production area, so that the driving area may be clearly defined and limited so that teardrop center may be revegetated. To blend with the natural environment, all permanent above -ground facilities placed on the location will be painted a natural color that blends with the background landscape, in a non -reflective finish. A BLM Standard Environmental Color may be specified. 26. Interim Reclamation of Producing Wells. a. Deadlines and Objectives. (Deadlines are subject to extension on a case-by-case basis, following application in writing to the BLM.) Within 30 days of completion of pad construction, topsoil storage berms, storm water control features, temporarily disturbed areas along roads and pipelines, and cut and fill slopes will undergo temporary seeding to stabilize materials, maintain biotic soil activities, and minimize weed infestations. Within 6 months following completion of the last well planned on a pad, or after a year has passed with no new wells drilled, interim reclamation (IR) will be completed to reduce the well pad to the smallest size needed for production. IR will include earthwork, seeding and BMPs. Interim reclamation will restore landforms; reestablish/maintain biologically active topsoil, including vegetative cover; control erosion and sediment transport; and minimize losses of habitat, visual resources, and forage throughout the life of the well. Prior to interim reclamation, the operator will meet with BLM to inspect the disturbed area, to review the existing reclamation plan and agree upon any revisions to the plan. Seed tags will be submitted for BLM approval at least 14 days before proposed seeding date. Notify the BLM at least 48 hours prior to beginning any reclamation work. Weed -free certification, seed tags, and a Subsequent Report Sundry Notice describing the reclamation will be submitted to the Grand Junction Field Office within 30 days of seeding. IR performance standards will be considered met when disturbed areas not needed for long-term g• EXHIBIT 3 COC 76368 COC 76368-01 in areas with high erosion potential, additional revegetation, BMPs or methods may be required, to reduce soil erosion and offsite transport of sediments. Fencing and Site Protection. The pad will be fenced to BLM standards to exclude grazing livestock for the first two growing seasons or until seeded species are firmly established, whichever comes later. The BLM will approve the type of fencing. In deer and elk habitat, fences for livestock exclusion will not exceed 40 inches. The four -strand fence will have smooth top and bottom wires. Distance from the ground to the bottom smooth wire will be no less than 16 inches. Distance from the top wire to the second wire will be no less than 12 inches. Middle wires will be barbed, with 6 inch spacing. Monitoring. The operator will regularly monitor, for reclamation success and for invasive species, all sites categorized as "operator reclamation in progress" and will submit an annual monitoring report of these sites to the BLM by December 1 of each year. The annual report will document whether attainment of reclamation objectives appears likely. If objectives appear unlikely to be achieved, the report will identify appropriate corrective actions. Upon review and approval of the report by the BLM, the operator will be responsible for implementing approved or specified measures. 27. Final Reclamation. The long-term objective of final reclamation is to return the land, following use for energy development, to a condition approximating that which existed prior to disturbance. This includes restoration of the landform and natural vegetative community, hydrologic systems, visual resources, and wildlife habitats. A well pad that no longer has a producing well will undergo final reclamation within no more than 1 year following plugging and abandonment of the final well on that pad. Buried pipelines will be reclaimed to final reclamation standards at the time of installation. Prior to final reclamation of a well pad or pipeline, the operator will meet with BLM to inspect the disturbed area, review the existing reclamation plan, and agree to any changes to the plan. The BLM will be notified at least 48 hours prior to commencing any reclamation work and within 48 hours of completion of reclamation work. Prior to recontouring and reseeding the pad, the operator will complete the following: • All equipment, facilities, and trash will be removed from the location. • Each borehole will be plugged and capped, and its related surface equipment removed. • Subsurface pipelines will be purged and plugged at specific intervals. • Dry hole markers will be subsurface, to prevent their use as perching sites by raptors. Recontouring for final reclamation will consist of returning the pad, material storage piles, cut -and - fill slopes, and storm water control features to natural contours that blend with adjacent undisturbed areas, as specified in the final reclamation plan or final reclamation plat approved by BLM. Requirements for seedbed preparation, soil amendments, seed, seeding procedures, mulching, erosion control, fencing, site security, and monitoring will be as specified for interim reclamation. EXHIBIT 4 COC 76368 COC 76368-01 EXHIBIT 4 Project Design Features (from DeBeque Exploratory Proposal) General • Proponent will comply will the BLM Standard Conditions of Approval for Oil and Gas. Air Quality • All drilling rig engines will be Tier 2 compliant, reducing emissions. • Drilling and completion will carpool to well locations reducing traffic and thereby reducing fugitive dust emissions. • Proponent will control fugitive dust on the access roads and within disturbed surfaces during construction. Speed limits will be enforced from the beginning of construction throughout the life of the project, and where speed limits are not posted on unpaved access roads, speeds will not exceed 20 miles per hour. Mineral Resources • Drilling operations will be conducted in compliance with all Federal Onshore Oil and Gas Orders and other applicable rules and regulations. • The proposed casing and cementing program will be designed to protect and/or isolate all usable water zones, potentially productive zones, lost circulation zones, abnormally pressured zones and prospectively valuable deposits of Cameo coal. Soils • Proponent will implement measures included in the Stormwater Management Plan (SWMP) including Best Management Practices (BMPs) including run-on/run-off controls, such as swales, ditches or berms, sediment catchments and anchored barriers such as erosion blankets or straw wattles to minimize erosion and the potential increase in sediment transport. Water Resources • Drilling will use a closed loop drilling system. Drilling fluids will be transferred to tanks and hauled off site to an approved disposal facility. Cuttings will be disposed of on-site in accordance with BLM and COGCC regulations. The fluids pit will initially contain fresh water used for drilling and completion and be continually refilled with fresh water as needed. During well completion, flowback water from hydraulic fracturing operations will be introduced and held in the fluids pit. Before introduction into the pit, the flowback water will undergo a separation process to remove hydrocarbons. No oil will be expected to be in the fluids pit. Concentrations of solids in the pit fluids will increase as pit water evaporated. The fluids pit will be double lined, both liners will have a minimum thickness of 24 mil and will be installed in accordance with Colorado Oil and Gas Conservation Commission (COGCC) rules. • Surface casing will be installed to a minimum depth of 100 feet deeper than any freshwater aquifer located within one -mile of the well. The borehole will be cased with EXHIBIT 4 COC 76368 COC 76368-01 • No well pads or centralized facilities will be constructed within 100 meters of suitable or potentially suitable DeBeque phacelia habitat, or within 20 meters of documented Colorado hookless cactus plants, unless existing disturbance is closer to the documented plants or habitat. When feasible, well pads and/or centralized facilities will be placed further than 20 meters from BLM-sensitive plants. • Pipeline corridors will be constructed adjacent to existing disturbance (roads or existing pipeline corridors) where feasible, or collocated with new proposed access roads. • Pipeline corridors and new access roads will be constructed further than 100 meters from suitable or potentially suitable DeBeque phacelia habitat, or further than 20 meters from documented Colorado hookless cactus plants and BLM-sensitive plants, if feasible. In situations that this scenario is not possible for pipeline corridors, Proponent will minimize effects to special status plants to the extent practicable by reducing the construction corridor width, constructing the pipelines on the opposite side of existing disturbance if special status plants are not present, or constructing the pipelines within an existing road if special status plants are present on both sides of the road. • Construction will occur outside of the special status plant flowering season and spatial buffers, identified below: o No construction within 200 meters of DeBeque phacelia suitable or potentially suitable habitat between April and late June. o No construction within 100 meters of Colorado hookless cactus plants between April and late May. o No construction within 100 meters of Naturita milkvetch plants between April and early June. • Orange fencing will be erected along well pad, centralized facility, pipeline, and access road construction disturbance extents within 20 meters of known Colorado hookless cactus and BLM-sensitive plant species and within 100 meters of suitable or potentially suitable DeBeque phacelia habitat to ensure construction traffic and workers will not accidentally crush plants. • Surface pipelines will be securely fastened so that the pipeline does not migrate into suitable or potentially suitable DeBeque phacelia habitat, or known special status plant sites. Surface pipelines will be monitored daily. • During construction, Proponent will water (no additives) existing gravel/dirt roads, pipeline construction corridors, well pads, and/or centralized facilities within 100 meters on either side of known special status plants (200 meters within DeBeque phacelia suitable or potentially suitable habitat) to reduce possible dust deposition. Water will be obtained from an approved water source. • Straw bale wattles, silt fences, or other measures will be installed on the edge of proposed ground-disturbance and existing access roads if proposed disturbance is within 20 meters of documented Colorado hookless cactus and/or BLM-sensitive plants, and/or 100 meters of suitable or potentially suitable DeBeque phacelia habitat to reduce the potential for altering hydrology/habitat. • A biological monitor will be present on-site during all ground-disturbing activities, including installation of BMPs (conservation measures) and reclamation activities to ensure effects to special status plants are minimized as much as possible. Areas requiring a biological monitor will be determined in conjunction with the BLM. EXHIBIT 4 COC 76368 COC 76368-01 • Measures described in the SWMP and SPCC will be followed to minimize the potential for spills of fuel and/or other hazardous materials to reach drainages. • Remote telemetry will be used for all well locations during operations. Initially, regular visits (daily) are necessary but once the well has been in production for some period of time, the daily trips can be reduced to a single weekly or monthly visit. • Bear -resistant containers will be used and refuse will be collected frequently to minimize potential for conflicts with bears. • A flume crossing technique (dry open -cut) will be used when water is present in drainages to maintain water flow, minimize changes in waterbody flow characteristics, and eliminate a significant quantity of downstream turbidity and sedimentation. • Native stream -bed materials will be used for trench backfill. • Application of herbicides will be avoided within 100 feet of wetlands and floodplains. Transportation • A produced water gathering system will be installed, reducing heavy truck traffic. • Existing roads will be used to the maximum extent possible and gathering pipelines will be placed adjacent to both existing and new roads to minimize disturbance. • Workers will carpool to drilling locations when feasible. • Remote telemetry will be used for well locations during operations wherever topographically feasible. • Disposal wells within the project area will be used for injection of produced water, reducing the need for heavy truck traffic hauling produced water outside of the project area. • A water supply delivery system will be developed as part of the Proposed Action which could reduce the number of heavy truck trips delivering water from outside the project area. • Proponent employees and contractors will follow all posted speed limits. Where no speed limit is posted, speeds on unpaved access roads or disturbed areas will not exceed 20 miles per hour to reduce dust. Wastes • Proponent will implement SWMPs, BMPs, and the SPCC Plan. Bear -resistant containers will be used and refuse will be collected frequently to minimize potential for conflicts with bear U EXHIBIT 4 COC 76368 COC 76368-01 (Class B and Class C weeds were documented within 100 feet of the proposed project on BLM-administered lands. o All equipment used at previous construction sites, or within sites with weed seed contaminated soil will be power -washed to remove mud, weed seeds and propagules before entering the construction area and/or moving to uncontaminated terrain. All maintenance vehicles will be regularly cleaned of soil. • Treatment strategies for weedy species documented will consider effective methods and timing for preventing seed production of that species and could include hand/machine pulling, cutting roots just below soil level, treatment with herbicides, or mowing, as directed by the BLM. • Surface disturbances will be reseeded at the appropriate time and with a palatable, native species desirable to wildlife including shrubs, grasses and forbs seed mixture as follows: Seed Mixture for Reclamation/Revegetation on BLM-Administered Lands Common Name Scientific Names Variety Season Form PureLiveSeed (PLS) lbs/acre* Grasses Bottlebrush Squirreltail Elymus e/ymoides, Sitanion hystrix Toe Jam Creek Cool Bunch 2.0 Slender Wheatgrass Elymus trachycaulus, Agropyron trachycaulum Revenue, Pryor Cool Bunch 3.0 Western Wheatgrass Pascopyrum smithii, Agropyron smithii Barton, Rodan, Rosana, Arriba, Walsh Cool Sod - forming 4.8 Indian Ricegrass Achnatherum hymenoides, Oryzopsis hymenoides Nezpar, Paloma, Star Lake Cool Bunch 2.8 Junegrass Koeleria cristata, Koelaria macrantha Cool Bunch 0.1 Forbs Blue Flax Linum lewisii Maple grove 0.5 Northern sweetvetch Hedysarum borate Timp 0.5 Palmer Penstemon (OR Rocky Mtn Pen) Penstemon palmerii Penstemon strictus VNS** VNS 0.5 Small Burnet Sanguisorba minor Delar 1.0 Western Yarrow Achitlea millefolium (occidentalis) 0.1 Shrubs Four -wing saltbush Atriplexcanescens 2.0 Shadscale Atriplex confertifolia 1.5 Winterfat Krascheninnikovia Janata, Ceratoides Janata 0.5 Antelope bitterbrush Purshia tridentate VNS 1.0 TOTAL Pure Live Seed per acre 20.3 *Based on 80 pure live seeds (PLS) per square foot, broadcast -seeded. No hydroseeding. ** Variety Not Specified • Proponent will provide an annual report to the BLM that identifies the extent of noxious weed infestations and treatment used to eradicate or minimize undesirable plant ■iiM�r ruI� T PfilNCs/OMNIh&11'rur0111Ilr 11 111 Reception#: 850349 06/17/2014 01:32:49 PM Jean Alberic° 1 of 18 Rec Fee:$96.00 Doc Fee:0.00 GARFIELD COUNTY CO CONFORMED DOPY PIPELINE EASEMENT AGREEMENT THIS PIPELINE EASEMENT AGREEMENT (the Agreement) is effective the vu— day of March, 2014, by and between #22 Enterprises, LLC, whose address is 0275 County Road 222, DeBeque, CO 81630, ("Grantor"), and Red Rock Gathering Company, LLC, a Delaware limited liability company, whose mailing address is 999 18°) Street, Suite 3400S, Denver, CO 80202 ("Grantee"). RECITALS A. Grantor owns the surface of the Real Property (the Property) in Garfield County, Colorado, legally described as: Township 8 South, Range 98 West, 6th P.M. Section 8: N/2NW/4, NW/4NE/4, SW/4NW/4 Section 9: S/2NE/4, NW/4NE/4 Section 10: S/2NW/4, NE/4SW/4 and N/2SE/4 Section 11: A portion of the N/2S/2 being further described as 12.2 acres more or less beginning at the south sixteenth corner of said Section 11 and Section 10, a pipe and 3 %4" aluminum cap marked "HCE INC LS19598"; thence North 00°36'06" East, a distance of 1304.89 feet to the quarter comer common to said Section 11 and Section 10, a sandstone marked "1/4"; thence along the north line of the north half of the south half of said Section 11 North 88°58'30" East, a distance of 383.98 feet; thence South 01°54'05" East, a distance of 1048.49 feet; thence South 00°36'06" West, a distance of 250.00 feet to the south line of the north half of the south half of said Section 11; thence along said line South 88°09'44" West, a distance of 430.00 feet to the point of Beginning. B. Grantee wishes to construct and operate a natural gas pipeline and two water pipelines beneath the surface of the Property in accordance with the terms of this Agreement as follows: TERMS 1. Grant of pipeline easement for one natural gas pipeline and two water pipelines. Grantor grants to Grantee a non-exclusive pipeline easement (the "Pipeline Easement"), thirty (30) feet in width, across the Property solely for the movement of natural gas and its components and for the movement of raw water and produced water, provided that the pipelines in the Pipeline Easement may be used only to transport natural gas and its constituent products, raw water and produced water that is used in operations conducted on or produced from wells drilled for the production of oil, gas and associated hydrocarbon substances where the surface location of the well is located inthe Homer (Deep) Easement Area as described on Exhibit A. Grantee may survey, clear, construct, operate, maintain, inspect, test, repair, replace, remove, and/ or abandon one natural gas pipeline and two water pipelines, and associated above and below ground valves or other equipment, below ground cathodic protection equipment, and above ground pipeline markers within the Pipeline Easement (one of which is presently existing in the Pipeline Easement). The pipelines shall be no larger than twelve (12) inches in diameter and 1 1� shall be for the sole purpose of transporting natural gas and its components, and raw and produced water, across the Property in the location shown on Exhibit B ("Pipelines"). Grantor also grants to Grantee a license for the use of up to 50 feet parallel to and adjoining one side of the Pipeline Easement as appropriate and only if and where necessary for temporary use during the initial installation of the. Pipelines. The Grant by Grantor to Grantee of the Pipeline Easement across the Property does not create in Grantee any right to use any surface of the Grantor in the Homer (Deep) Easement Area except as may be specifically provided in the Agreement. . 2. Grant of pipeline easement for existing 6" pipeline. Grantor also grants to Grantee a non-exclusive pipeline easement thirty (30) feet in width across the Property as depicted on Exhibit C for an existing six (6) inch in diameter natural gas pipeline currently owned and operated by Grantee that exists across the Property. This easement is included in the term "Pipeline Easement" as used in this Agreement. This pipeline is included in the term "Pipelines" as used in this Agreement. 3. Consideration. As consideration for the grant of the Pipeline Easement set forth in this Agreement, Grantee shall pay Grantor $100.00 and other good and valuable consideration for the Pipeline Easement and related rights granted in this Agreement upon execution by the parties, and as further set forth in the parties' Confidential Compensation Agreement. 4. Construction. 4.1. Grantee shall provide written notice to Grantor at least two (2) weeks prior to any construction or installation under this Section 4. All Pipelines that Grantee wishes to install in the Pipeline Easement pursuant to this Agreement shall be installed prior to September 15, 2017. 4.2. Grantee shall bury and maintain the Pipelines within the Pipeline Easement at a depth not less than forty-two (42) inches measured from the top of the pipeline, and at a depth not less than forty-eight (48) inches below the bottom of any drainage, ditch, creek, slough, or other waterway. 4.3. Grantee shall repair any roadway crossings and fences on or enclosing the Property that is damaged or temporarily taken down during any construction on or use of the Pipeline Easement as soon as practicable after such construction or use. When accessing or leaving the Property, or portions of the Property through fences, Grantee shall insure that gates are left in the position as they are found, i.e. either open or closed. Grantee shall coordinate access and operations with the Grantor on a daily basis or as frequent as possible. 4.4. Grantee shall immediately restore or repair any irrigation or spring collection system ditch or pipeline that is damaged during any construction on or use of the Pipeline Easement by Grantee so that the delivery of water on the Property is not disrupted. 2 4.5 No living mature trees shall be damaged or removed if they are greater than 8" in diameter. Allditchingor trenching shall be performed so that the top soil is separated from the balance of the dirt removed. When backfilling, the top soil shall be used last as the cover soil. Any rocksexcavated by Grantee that are too large (8" or greater) to be incorporated into fill shall bepiled at the direction of Grantor. Any usable timber, fence posts, andfirewood larger than 4" in diameter shall be stockpiled at mutually agreed locations. All slash shall be incorporated in fill or removed. 4.6 Grantee shall cease construction operations in excessively muddyconditions. All construction vehicles, equipment, and materials, while not in use, shall be parked or placed in the Pipeline Easement or off of the Property. No construction equipment repair or maintenance shall occur on the Pipeline Easement or the Property, including but not limited to the changing of motor fluids. The Pipeline Easement shall be kept free of litter and debris caused as a result of Grantee's activities at all times. 4.7 Grantee shall perform integrity testing on any newPipelines located in the Pipeline Easement„ prior to initial use of those Pipelines. Failure to conduct integrity testing shall result in termination of the Pipeline Easement. 4.8 Grantee shall provide Grantor with an as -built survey of the Pipelines and Pipeline Easement afterconstruction of the Pipelines. It shall be the Grantee's responsibility to record necessary documents in GarfieldCounty, and to provide the Grantor with a copy of any recorded documents. 5. Grantees Operations. During installation of the Pipelines within the Pipeline Easement, and at all times thereafter, Grantee shall minimize disruption of, and interference with, any ranching, agriculture, hunting, or other operations conducted on the Property now or in the future. Grantee will install fencing and/or livestock crossings where needed to control the movement of livestock from disturbing the Grantee's use of the Pipeline Easement. 5.1. No firearm, pets, alcohol, illegal drugs, camping, recreating, hunting, or any other non -pipeline related activities are permissible at any time on the Pipeline Easement or the Property by Grantee. 5.2. After the initial installation of the Pipelines and except for emergency circumstances, no pipeline construction or planned pipeline repair projects shall occur during the Colorado hunting seasons and Grantee shall limit its operations on the Property during the Colorado hunting seasons to the minimum possible. Grantee shall contact Grantor prior to all operations during the Colorado hunting seasons. 5.3. The Pipeline Easement shall be accessed only via the Pipeline Easement itself, unless alternate access is explicitly permitted by Grantor in writing. 5.4. The Pipelines within the Pipeline Easement shall be utilized in the operation including the initial completion of all wells within the Homer (Deep) Easement Area. 3 6. Reclamation. Within 120 days after installation of any Pipeline within the Pipeline Easement, or any maintenance or repair of anyPipeline within the Pipeline Easement that disturbs the surface of the Property, Grantee shall restore any affected area to its approximate pre -disturbance topography and re -seed all such areas with appropriate native grasses for ground cover and erosion control with either BEM seed mix or the seed-type(s) selected by Grantor. Grantee shall be responsible for controlling all noxious weeds on any reclaimed area until the termination of the Pipeline Easement. Grantee shall correct any trench settling that occurs during the term of the Pipeline Easement as soon as reasonably possible. 7. Compliance with Law. Grantee, its agents, designees, assignees and successors - in -interest shall, in connection with the use of the Pipeline Easement, comply with all applicable federal, state and local laws, rules and regulations applicable to Grantee's use of the Pipeline Easement, including, by way of example and not limitation, the common law and all other laws designed to protect the environment and public health or welfare. 8. No Other Facilities. Nothing in this Agreement shall be construed as granting Grantee the right to place any additional pipeline or other facilities on the Property other than the described pipelines in the Pipeline Easement and related and identified above ground and below ground structures. No pigging stations, compressor units or stations, processing plants, evaporation ponds, disposal wells, or other similar facilities of any kind shall be located on the Property without the prior written consent of Grantor, which consent shall not be unreasonably withheld. Grantee shall place line posts or markers at the locations where the Pipelines cross Grantor's fence lines and roads. 9. Term of Grant. The Pipeline Easement shall continue until: (i) the parties give mutual, written agreement to terminate this Agreement, (ii) Grantees written surrender of the Pipeline Easement, (iii) termination pursuant to 4.7 of this Agreement for failure to conduct integrity testing prior to use, (iv) non-use or abandonment of all pipelinesin thePipeline Easement for a period of more than two (2) years. Upon termination or surrender of the rights granted under this Agreement, Grantee shall execute and deliver to Grantor, within thirty (30) days of written demand therefor, an acknowledgment that this Agreement has been terminated. 10. Liability of Grantee. Grantee shall be liable for any injury to persons, property, or livestock caused by or incident to the operations of Grantee, its agents, employees, contractors, or subcontractors on the Property, including without limitation any extraordinary damages due to leaks, spills of materials, or explosions. Grantee shall indemnify and hold harmless Grantor from and against any and all liability, damages, costs, expenses, fines, penalties and fees (including without limitation reasonable attorney and consultant fees) incurred by or asserted against Grantor by a third party caused by or incident to the operations of Grantee, its agents, employees, contractors, or subcontractors on the Property. Such indemnification shall extend to and encompass, but shall not be limited to, all claims, demands, actions or other matters which arise under the common law or other laws designed to protect the environment and public health or welfare. Grantee shall, at Grantor's option, defend Grantor or reimburse Grantor as expenses are incurred for Grantor's defense against any claims, demands, actions, or other matters, whether brought or asserted by federal, state, or local governmental bodies or officials, or by 4 private persons, which are asserted pursuant to or brought under any such laws relative to theexercise by Grantee of the rights granted by this Agreement. All of Grantee's obligations stated in this Section shall survive termination of this Agreement. 11. Insurance. Grantee shall keep its operations insured, or comply with applicable self-insurance laws and regulations, for automobile, liability, and workmen's compensation insurance, and for any damages incurred on the Property. 12. Grantee Liens. Grantee shall, at its sole expense, keep the Property free and clear of all liens and encumbrances resulting from Grantee's and its agent's activities on the Property, and shall indemnify and hold harmless Grantor from and against any and all liens, claims, demands, costs, and expenses, including, without limitation, attorney fees and court costs, in connection with or arising out of any work done, labor performed, or materials furnished. Notwithstanding anything herein to the contrary, Grantee shall have the right and power to hypothecate, mortgage, pledge, collaterally assignor encumber its interest in this Agreement. 13. No Warranty of Title. This Agreement is made subject to any and all existing recorded easements, rights-of-way, Liens, agreements, burdens, encumbrances, restrictions, and defects in title affecting the Property. Grantor does not in any way warrant or guarantee title to the Property. 14. Non -Exclusive Use and Reservations. All rights granted in this Agreement are limited to the specific grants described in this Agreement. Grantor reserves to itself and its successors and assigns all rights not specifically granted to Grantee in this Agreement, including the right to the use and enjoyment of the surface of the Pipeline Easement so long as such use does not hinder, conflict with, or interfere with Grantee's rights under this Agreement, provided however that no reservoir, pond, excavation, or structure shall be constructed or permitted on, over, or within the Pipeline Easement without the prior written consent of Grantee. Grantor further agrees not to change the grade or otherwise remove dirt from the surface of the Pipeline Easement without prior written consent of Grantee, unless the grading or dirt removal is consistent with normal agricultural practices in the area. 15. Waiver. The failure of either party to enforce any of its rights under this Agreement upon any occasion shall not be deemed a waiver of such rights on any subsequent occasions. The waiver, either express or implied, by any party of any of the rights, terms or conditions in this Agreement shall not be deemed as or constitute a waiver of any other rights, terms or conditions in this Agreement. Any waiver, in order to be valid and effective, must be in writing. 16. Notice. Wherever provision is made in this Agreement for the giving, service, or delivery of any notice or other instrument, such notice shall be given by: (i) personal delivery to the addresses set forth above, or (ii) United States first class mail, postage prepaid to the addresses set forth above. Each party may change that party's mailing address by giving to the other party written notice of change of such address in the manner provided in this Section. Mail shall be deemed to have been given, served and delivered upon the third delivery day following 5 the date of the mailing; personal delivery shall be deemed to have been given, served and delivered upon receipt. 17. Survival of Obligations. All obligations, indemnifications, duties, and liabilities undertaken by Grantee under this Agreement shall survive the termination of this Agreement. 18. Amendments. This Agreement may only be amended by the written agreement of both parties. This Agreement cannot be amended orally. 19. Headings. Section headings or captions contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision. 20. Construction. Whenever required by the context of this Agreement, the singular shall include the plural, and vice versa; and the masculine gender shall include the feminine and neuter genders, and vice versa. The provisions of this Agreement have been independently, separately and freely negotiated by the parties as if drafted by both of them. The parties waive any statutory or common law presumption that would serve to have this Agreement construed in favor of or against either party. 21. Applicable Law. This Agreement and the rights of the parties under it shall be governed by and interpreted in accordance with the laws of the State of Colorado, by the District Court of Garfield County, Colorado. 22. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors,and assigns. The Pipeline Easement granted in this Agreement shall run with the land and is not a personal covenant. 23. Legal Expenses. The parties to this Agreement shall be responsible for all of their own attorneys' fees, costs, and expenses incurred in connection with the negotiation and execution of this Pipeline Easement. Should either party to this Pipeline Easement institute an action or proceeding to enforce any provision of this Agreement, or for damages by reason of any breach of any provision of this Pipeline Easement, the party solely breaching the Agreement shall be responsible for the non -breaching party's attorneys' fees, court costs, and expenses incurred in connection with such action or proceeding upon entry of a final order or decree not subject to further appeal. If both parties are determined to be in breach, or neither party is determined to be in breach, then each side shall be responsible for its own attorneys' fees, costs, and expenses incurred in connection with such action or proceeding. 24. Assignment. Grantee may assign this Pipeline Easement in whole or in part. Grantee shall notify Grantor in writing of any proposed or effective assignment of the rights granted in this Agreement to a third party. 25. Wananty of Authority. Each of the undersigned principals of the parties represents and warrants that such person has the requisite corporate or legal authority to bind the respective party to this Agreement. 6 26. Severability. If any provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and the application of such provision to persons or situations other than those to which it shall have been held invalid or unenforceable shall not be affected thereby, but shall continue to be valid and enforceable to the fullest extent permitted by law. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. GRANTOR: #22 ENTERPRISES, LLC GRANTEE: RED ROCK GATHE NG OMPANY, LLC a Dela a rte' lial7 rty oc p.sy By: Name : rock . Title: Senior Vice President and General Counsel 7 STATE OF COLORADO ) 'nigh ) .ss COUNTY OF CARFIE- B- ) y� The foregoing instrurhent was subscribed and swam to before, me on lJ1M ti JI) ,2014,b �r ' phl cm. OS riSide t92 Fn1eKPRiseS, 1.LC My commission expires: ;link 6/5 Witness my hand and seal. AMANDA -•D. HOWARD STATE OF COLORADO NOTARY PUBLIC NOTARY ID #20074043936 My Commission Expires November 28, 2015 STATE OF Com— f �015 ) ) .ss CITY &COUNTY OF v_ raffia kb Notary Public The foregoing instrument was subscribed and sworn to before me on Imh ?4' 14 21 , 2014, by 31Z0 IM (tetz�s1/VP4 tnt>r46&— My commission expires: 51 1I,904 Witness my hand and seal. JESSICA LYNN ERWIN % Notary Public, State of Texas My Commission Expires May 01, 2014 8 CO uS N O ed r 07 a- O • O CO 20co C �) d N T O0) W L L 7 7 O O W CO CO co c0 as aH N d E ZHH ry c0. w 0 n S v O TS O E E 0 G) . DJ Black Hills Plateau Production, LLC ch °d G VCR a aW 5 V N 0 th F8 3 a 93 N N EXHIBIT 'Er MATCH LINE — SEE SHEET 2 OF 3 / / / ENRON MOUNTAIN GATHERING. INC. 50' PIPELINE ESMT, VOL. 591, PG. 553 VOL. 601, PG, 344 VOL, 795, PG. 37 VOL, 963, PG. 684 D.R,G.C.C. #22 ENTERPRISES, LLC REC. No. 800324 O.P.R.G.C.C. 30' WIDE PERMANENT EASEMENT CL LENGTH = 4,116' NORTH 1/16 COR SEC 7 NORTH 1/16 COR SEC 8 3' ALUM CAP BLM 1999 L2 TEMPORARY CONSTRUCTION EASEMENT P.O.B. / UNITED STATES / OF AMERICA BUREAU OF LAND MANAGEMENT Ili/ I�----TEMP. CONST . ESMT. / t) BY SEP. INST. ' ` / PERM. ESMT. BY \ SEP. INST. 45' NW 1/16 COR \ SEC 8 3' ALUM CAP 'BLM' SEE DETAIL 'A' THIS SHEET LINE TABLE LINE BEARING DIST LI N53°00 '07-E /03.63 L2 N68°14 22'E /254.26 L3 N86°1722'E 2581.68 #22 ENTERPRISES, LLC REC. No. 500324 0.P.R.G.C.C. NW 1/4 NE 1/4 OF SECTION 8 TOWNSHIP 8 SOUTH RANGE 98 WEST 6TH PRIME MERIDIAN ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. 50' R.O.W. AND ESMT. VOL. 591, PG. 449 D.R,G.C.C. CENTER WEST I/16 COR SEC 8 3' ALUM CAP 'KW , ST 1/4 COR SEC 8 EAST 1/4 COR SEC 7 1 *LEGEND* ) 3' ALUM CAP ' BLM' P.O.C. P.O.B. P.O.T. MF PF PLACE OF COT/FENCING PLACE OF BEGBNNG PLACE OF TERMINATION PUBLIC LAW SURVEY CORNER MON ROD FOUND MON PIPE FOUND PERMANENT EASEMENT TEMPORARY CONSTRUCTION EASEMENT DETAIL 'A' IN.T.S. 1 •SEE SHEET 3 FO OTES 2 03/05 ALS REVISED GRANTEE NAME & MET NAME MS 1/20 MTJ ADDED RED ROOK GATHERING, LLC ALS REV. DATE 8Y DESORPTION CHIC RED ROCK GATHERING COMPANY, LLC �� SURVEYOR PREPARING THIS E%HIBIT: NA WIER S ASSOCIATES, INC. 701 IIGlhRC6B W. SUR 300 MIINGTON, 100.5 760161EMR0 617)467 7700 Texas firm Registration No. F-2776 inrvAierAssocialoacom Texas Board of land Surveying Registration No. 10033900 HOMER DEEP UNIT PIPELINE 022 ENTERPRISES. LLC 0' WIDE PERMANENT EASEMENT GARFIELD COUNTY, COLORADO DRAWN BY: LIR DATE:07-24-2013 CHECKED BY: DATE03-05-2014 SCALE 1'=300' APP.: DWG. NO. I REV. 1 OF 3 2 EXHIBIT 'B' LINE TABLE LINE BEARING DIST L3 N86°17'22'E 258/.68 1.4 N29*10'17'E 26.54 1.5 N83°48'36'E /49.74 /#22 ENTERPRISES, LLC REC. No. 800324 / 0,P.R.G.C.C. / UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT / F,p\ TEMP. CONST, ESMT: 34,9 lb' BY SEP. INST. S SAQ ,BSCC PERM ESMT. CIA) Ace 8 �/ • S C R N. SEP. INST. SCy<94, / NW 1/4 NE 1/4 L / ENRON MOUNTAIN / / GATHERING, INC. 50' PIPELINE ESMT. VOL. 591, PG. 553 VOL. 601, PG. 344 VOL. 796, PC. 37 VOL. 963, PG. 684 D.R.G.C.C. OF SECTION 8 TOWNSHIP 8 SOUTH RANGE 98 WEST 6TH PRIME MERIDIAN i 30' WIDE PERMANENT EASEMENT CL LENGTH = 4.116' • L3 (4' /.e / CENTER NORTH I/16 COR SEC 8 3' BRASS CAP 'BLM' L5 P.O.T. NE 1/16 COR SEC B 3' ALUM CAP'BLM: •' ` TEMPORARY / CONSTRUCTION EASEMENT / SEE DETAIL 'A' / / 11118 SHEET ROCKY MOUNTAIN NATURAL GAS COMPANY. INC. 50' R.O.W. AND ESMT. VOL. 591, PG. 449 D.R.G.C.C. c.000 SE • UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT MATCH LINE - SEE SHEET 1 OF *LEGEND* P.O.C. PLACE OF COMWENCWG P.O.B. PLACE OF BEGUING P.O.T. PLACE OF TERMINATION S PUBLIC LAND SURVEY CORNER IRF IRON ROD FOUND MF WON PEE FOUND Ej PERMANENT EASEMENT ® TEMPORARY CONSTRUCTION EASEMENT DETAIL 'A' IN.T.S.1 3 •SEE SHEET 3 FOR NO ES 2 03/05 ALS RENSED GRANTEE NAME & SIIIBIT NAME ALS 1/29 MTJ ADDEO RED ROO( GATHERING, LLC ALS RED ROCK GATHERING COMPANY, LLC REV. DATE BY DESCRIPTION CHK. ID IN� SURVEYOR PREPARING THIS MST: ER WISURVEYOR & ASSOCIATES, INC HOMER DEEP UNIT PIPELINE 4122 ENTERPRISES, LLC 0' WIDE PERMANENT EASEMENT GARFIELD COUNTY, COLORADO 701 IDi14ME*R BLVD, SORE 300 MUIGTON, TFYAS 78015 IETR0 817)167 7710 Texas Firm Registration No. F-2776 mrs.V6arAmdatmoom Tex® Board of Land Surveying Registration No. 10033900 DRAWN BY; UR DA1D07-24-2013 CHECKED BY: DATE03-05-2014 SCALE 1'0300' APP.:GATVI DWG. NO. 2 OF 3 REV. 2 EXHIBIT 'B' FIELD NOTES — DESCRIPTION 30' WIDE PERMANENT EASEMENT BEING A 30—FOOT WIDE STRIP OF LAND LOCATED IN THE NW 1/4 NE 1/4 OF SECTION 8, TOWNSHIP 8 SOUTH, RANGE 98 WEST, 6TH PRIME MERIDIAN, GARFlELD COUNTY, COLORADO, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO #22 ENTERPRISES, LLC, RECORDED IN RECORD NUMBER 800324, OFFICIAL PUBLIC RECORDS, GARFlELD COUNTY, COLORADO (O.P.R.G.C.C.), SAID 30—FOOT WIDE STRIP BEING 15 FEET LEFT AND 15 FEET RIGHT OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT IN A WEST LINE OF SAID #22 ENTERPRISES TRACT, FROM WHICH A 3" ALUMINUM CAP FOUND STAMPED "ELM 1999" BEARS N 01'02'21" E, 330.44 FEET, SAID IRON ROD BEING THE NORTH 1/16 CORNER OF SECTION 7 AND THE NORTH 1/16 CORNER OF SECTION 8; THENCE N 53'00'07" E, 103.63 FEET TO A POINT; THENCE N 6814'22" E, 1,254.26 FEET TO A POINT; THENCE N 86'17'22" E, 2,581.68 FEET TO A POINT; THENCE N 29'10'17" E, 26.54 FEET TO A POINT; THENCE N 83'48'36" E, 149.74 FEET TO THE PLACE OF' TERMINATION IN AN EAST LINE OF SAID #22 ENTERPRISES TRACT, FROM WHICH A 3" ALUMINUM CAP FOUND STAMPED "BLM" BEARS S 01'40'01" W, 545.21 FEET, SAID IRON ROD BEING THE NE 1/16 CORNER OF SECTION 8. SAID LINE BEING 4,118 FEET IN LENGTH. NOTES: (1) THE PURPOSE OF THIS PLAT IS TO SHOW THE LOCATION OF PROPOSED PIPELINE CENTERLINE AND EASEMENTS. (((2) THIS PIAT IS NOT A BOUNDARY SURVEY. COORDINATE SYSALL TEM, CEME NTRAL ZONE 5 2, NOE° ON THE RTH AMERICAN AMERICAN DATUM 198.3. THE BEARING OF THE LINE BETWEEN MESA COUNTY SIMS MONUMENT T0697 (A STONE WITH 3 SLASHES ON ITS SOUTH FACE, AN 'X' CUT ON R5 UPPER ANGLE AND 1 SLASH ON ITS SOUTH FACE) AND MESA COUNTY SIMS MONUMENT T1649 (A 2' IRON PIPE WITH A BRASS CAP STAMPED 'COUNTY SURVEY MARKER N0. 14091 15 5 38105'22' W. (4) THE ATTACHED EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (5) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF MARCH THRU JUNE, 2013 UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN, P.L.S. N0. 36380. (6) REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART THEREOF. 2 03/05 AIS REVISED C4LWTeEE NAME & EMT NAME ALS 1/28 MTJ ADDED RED ROC( CATHFRINO, L10 ALS REV. DATE BY DESCRIPTION CNK RED ROCK GATHERING COMPANY, LLC Www SURVEYOR PREPARING THIS D(HISRT: A\ WIER 8 ASSOCIATES, INC. 701 18019MCC SZ, 51182 300 ARINGTON, MOS 76015 IEIRO 817)467-7700 Texas film Registration No, F-2776 virfliarAssociataz.com Texas Board of Lod Surteing Registration No. 10033900 HOMER DEEP UNIT PIPEUNE 1122 ENTERPRISES, LLC 0' WIDE PERMANENT EASEMENT GMFlELD COUNTY, COLORADO DRAWN BY:UR DATE 07-24-2013 CHECKED BY: DATE03-65-2014 SCALE N/A APP.: (4 1. DWG. NO. 3 OF 3 REV. 2 UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT — EXHIBIT '13' TEMP. CONST. ESMT. BY SEP. INST. PERM. ESMT. BY SEP. INST. LINE TABLE LINE BEARMG DIST LI 377°1929'E 432.56 L2 N83°19'5O'E 431.62 L3 N76'43'31'5' 470.19 P.O.T L3 30' WIDE PERMANENT EASEMENT CL LENGTH = 1,342' SEE DETAIL 'A' THIS SHEET #22 ENTERPRISES, LLC REC. No. 800324 O.P.R.G.C.C. NE 1/4 OF SECTION 9 TOWNSHIP 8 SOUTH RANGE 98 WEST 6TH PRIME MERIDIAN NORTH 1/4 COR SEC 9 3' BRASS CAP ' BLM 1971' UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT NO2 °OS'35' E 1212.32' *LEGEND* P.O.B. TEMP. CONST. ESMT. BY SEP. INST. PERM. ESMT. SEP. INST. P.O.L. PLACE OF COMMICRO P.O.B. PLACE OF BEGPtRRG P.O.T. RACE OF TERAOMATION 0 PIIEIL10 LAD SURVEY CORNER WF WON ROD ROPE RF RON PIPE FOUR Erg PERMANENT EASEMENT ® TEMPORARY CONSTRUCTION EASEMENT L2 LI 1 1 / 1 / I I / #22 ENTERPRISES, LLC I / REC. No. 800324 I I O.P.R.G.C.C. 1 Sd2•09.21'w f. / I CENTER EAST 1/16 COR SEC 9 3' ALUM. CAP "Km 1996' 1 1 / 1 I / I I / ENRON MOUNTAIN / 1 1 / / I 1 / I 1 / 1 I V 1 45' TEMPORARY CONSTRUCTION EASEMENT 501 PIPELINE ESMT. VOL. 602, PG. 84, VOL. 963. PG. 684 D.R.C.C.C. SECTION 9 DETAIL 'A' IN.T.S.1 CENTER NORTH 1/16 COR SEC 9 3' BRASS CAP 'ELM 1998' S02'O8'35' W 107.97' BY/ ,h ENRON CORP. 35' PIPEUNE ESMT. APPROX. LOCATION VOL. 633. PG. 384, VOL 796. PG. 37 D.R.G.C.C. •SEE SHEET 2 FOR 2 03/05 ALS REVISED GRANTEE NAME & ORBIT NAME ALS 1/29 HTJ ADDED RED ROCK GATHERING. LLC ALS RED ROCK GATHERING COMPANY, LLC REV. DATE BY DESORPTION CHK. S 1RVLYOR PREPARING THIS MINT: WAnER & ASSOCIATES1, INC. 701 ROUND W., SUE 300 ARLINGTON, IDMS 76015 LEIR0,(817)467 7700 Tera Fum Registration No. F-2776 vw.Wi oom Teta Board of Land Surveying Registration No, 10033900 HOMER DEEP UNIT PIPELINE 022 ENTER RISES 0' WIDE PERMANENT EASEMENT GARFIELD COUNTY, COLORADO DRAWN BY:LIR DATE07-25-2013 CHECKED BR DATE03-05-2014 SCALE 1'=200' APP.: fo4N DWG. NO. 1 OF 2 REV. 2 EXHIBIT .' B' FIELD NOTES — DESCRIPTION 30' WIDE PERMANENT EASEMENT BEING A 30 -FOOT WIDE STRIP OF LAND LOCATED IN THE NE 1/4 OF SECTION 9, TOWNSHIP 8 SOUTH, RANGE 98 WEST, 6TH PRIME MERIDIAN, GARFIELD COUNTY, COLORADO, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO #22, ENTERPRISES, LLC, RECORDED IN RECORD NUMBER 800324, OFFICIAL PUBLIC RECORDS, GARFIELD COUNTY, COLORADO (0. P. R.G. C.0.), SAID 30 -FOOT WIDE STRIP BEING 15 FEET LEFT AND 15 FEET RIGHT OF THE FOLLOWING DESCRIBED UNE BEGINNING AT POINT IN A WEST UNE OF SAID #22. ENTERPRISES TRACT, FROM WHICH A 3' ALUMINUM CAP FOUND STAMPED '6114 1998" BEARS S 02'08'35" W, 107.97 FEET, SAID IRON ROD BEING THE CENTER NORTH 1/16 CORNER OF SAID SECTION 9; THENCE S 7719'29" E, DEPARTING A WEST UNE OF SAID #22 ENTERPRISES TRACT, 432.58 FEET TO A POINT; THENCE N 83'19'50" E, 431.62 FEET TO A POINT; THENCE N 76'43'31' E, 478.19 FEET TO THE PLACE OF TERMINATION IN AN EAST UNE OF SAID #22 ENTERPRISES TRACT, FROM WHICH A 3" ALUMINUM CAP FOUND STAMPED "ELM" BEARS S 02'09'21" W, 1,547.52 FEET, SAID ALUMINUM CAP BEING THE CENTER EAST 1/16 CORNER OF SAID SECTION 9. SAID UNE BEING 1,342 FEET IN LENGTH. NOTES, POPOSED1R)THE UOF MS PLAT IS TO SNOW TILE LOCATION OF PIPELINE CENTERUNE AND EASEMENTS. (2) THIS PIAT IS NOT A BOUNDARY SURVEY. (3) ALL BEARINGS ARE BASED ON THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 50ZNORTH AMERICAN DATUM 1983. THE BEARING OF THE LINE BETWEEN MESA COUNTY SIMS MONUMENT T1697 (A STONE WITH 3 SLASHES ON HS SOUTH FACE. A74 'K' CUT ON 1T5 UPPER ANGLE AND 1 SLASH ON ITS SOUTH FACE) AND MESA COUNW 5945 MONUMENT T1649 (A 2' IRON PIPE WITH A BRASS CAP STAMPED 'COUNTY SURVEY MARKER NO. 1409') I5 5 38'05'22' W. (4) THE ATTACHED EXHIBIT,WAS PREPARED WITHOUT BENEFIT OF A CURRENT TOLE COMMITMENT. (5) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF MARCH THRU JUNE, 2013 UNDER THE DIRECT SUPERVISION OF GREGG AE. MADSEN. P.LS. NO: 38380. (6) REFER TO THE ACCOMPANYING EKHIBO ATTACHED HERETO AND MADE A PART THEREOF. 2 03/05 ALS REVISED GRANTEE NAME & DOOBIT NAME ALS 1/29 NTJ ADDED RED ROCK. CADEWNG,. LLC ALS REV. DATE BY DESTRIIION RED ROCK GATHERING COMPANY, LLC CHK SURVEYOR PREPARING THIS E%HIBR / WIER & ASSOCIATES, INC 701 woad sup, SUITE 300 MUIS521 IEYAS mots LETRO (617)487 7700 Teras Firm Registration No. F-2775 m.WierAssociates.com Texas Biand of Land Survejng Registration No. 10033900 HOMER DEEP UNIT PIPEUNE 522 ENTERPRISES, LLC 0' WIDE PERMANENT EASEMENT GARFIELD COUNTY, COLORADO DRAM BY: LIR DATE:07-25-2013 moan) BY: DATE03-05-2014 SCALE: N/A APPS (yY� DWG. NO. 2 OF 2 REV. 2 1 UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT I I I NORTH 114 COR SEC 10 2.5' ALUM. CAP •IJELS 1.59019• I 4\ z I to tea iv ILI P.O.B EXHIBIT '13' LINE TABLE LINE BEARING DIST L1 S43°02 '12'E 367. /7 L2 S44°13'32'E 304.66 L3 S44'46'25'E 575.38 L4 S45°34 '56'E 186.19 1.5 553°32 26'E 216.07 1.6 S45°14 '32'E 3/3.33 1.7 646°39'34'E 204.93 L8 S47°111/2 'E 483.57 ENRON MOUNTAIN - GATHERING, INC. 50' PIPELINE ESMT. VOL. 591, PG: 530 VOL. 601, PG: 355 VOL 796, PG. 37 VOL 963, PG. 684 D.R.G.C.C. L4 30' WIDE PERMANENT EASEMENT CL LENGTH = L2 / L3 • 1I II II 11 1.5 5,288' 41:y� j /•y SECTION 10 09:4411175 OETNL 'A' sNEET / L7 / / L6 //// NW 1/4 SW 1/4 & SE 1/4 45' OF SECTION 10 TOWNSHIP 8 SOUTH RANGE 98 WEST 6TH PRIME MERIDIAN #22 ENTERPRISES, LLC 1 1I REC. No. 800324 0.P.R.G.C.C. 1 1 "'•�S/e°p6 11 /3j7:239 •W TEMP. CONST. ESMT. / ENRON MOUNTAIN BY SEP. INST. GATHERING, INC. PERM. ESMT. 61-7-1-1 — 50' PIPELINE ESMT.VOL 602, PG. 84 SEP. INST. 1 I VOL. 9 2, PG. 684 scr.TION 9 1 1 *LEGEND* P.O.L. RACE OF COMAENCNG P.0.8. PLACE OF BEGINNING P.O.T. RACE OF TERMNATION S PIBLIC LAID SLWYEY CORNER WF WON ROD FOUND IPF W0N PPE FOUND El PERMANENT EASEMENT ® TEMPORARY CONSTRUCTION EASEMENT DETAIL 'A' IN.T.$.1 I I I I I I I 1 a 4, in vss 4, `-TEMPORARY 1 CONSTRUCTION EASEMENT UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT WEST 1/4 COR SEC 10 2.5' ALUM. CAP 'UELS LS9019' 3 •SEE SHEET 3 Ee`1OTES 2 03/05 ALS REVISED ARANTEE NAME & D0a&T NAME ALS 1 1/29 11TJ ADDED RED ROCK GA1HERING. LLC ALS RED ROCK GATHERING COMPANY, LLC REV, DATE 8Y DESCRIPTION O1K `�'' w SURVEYOR PREPARING THIS EXHIBIT: �I/�/�\ WIER a ASSOCIATES, INC 701 10311HO RA 5006 300 ARINGLON, ITEMS 76615 NM 61])167 7700 Texas Firm Registration No. F-2776 vrettirierAwrodalm.corn Texas Board of Land Surveying Registration No. 10033900 HOMER DEEP UNIT PIPELINE 022 0' WIDE ENTERPRISES. EASEMENT GARFIELD COUNTY, COLORADO DRAWN BY:UR DATE:07-26-2013 °IMMO BY: DATE03-05-2014 SDA12 1'=300' APP.: 6A`.. DWG. N0. 1 OF 3 REV, 2 6 Gf cc 3 2 J r- 0 0 N 0 PC 0 CC 0 N q M O (0 iy a EXHIBIT • B' EAST 1/4 COR SEC 10 10 X 12'X24' SANDSTONE i I I I WNW 1373613SYe.. #22 ENTERPRISES, LLC REC. No. 800324 0.P.R.G.C.C. NW 1/4 SW 1/4 & SE 1/4 „r TOWNSHIP 8 SOUTH RANGE 98 WEST 6TH PRIME MERIDIAN ENRON MOUNTAIN GATHERING. INC. 50' PIPELINE ESMT, 1 VOL. 591, PG. 530 1 1 VOL. 601, PG. 355 1 1 VOL. 796, PG. 37 VOL 963; PG. 684 1 I D.R.G.C.C. 1 I 11 11 11 I1 11 11 / / 1 LI6 II II II I LI5 11 P.O.T. L23 L22 L2ITh1/4 L20 LI9 LIB Ll7 4y 30' WIDE PERMANENT EASEMENT CL LENGTH = 5,288 ' • LIO L9 z 45' i I SEE DETAIL 'A' I THIS SHEET SEGTi0N 10 *LEGEND* P.O.C. P.0.8. P.O.T. IRF PF PLACE OF GOIAVENCeIG PLACE OF BEGNNhG PLACE OF TERW/ATIONI PUBLIC LMA SIRVEY CORNER IRON ROD FOL*A IRON PIPE FOUND PERMANENT EASEMENT 1 1 1 i TEMPORARY CONSTRUCTION EASEMENT /K- TEMP. CONST. / ESMT. BY SEP. INST. / LPERM. ESMT. BY SEP. INST. UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT TEMPORARY CONSTRUCTION EASEMENT LINE TABLE LINE BEARING DIST 1.9 550'08'36"E 93.01 L10 563'19 '53'E 87.55 1.11 $73°2057'E 189.60 1.12 978°48'25'E 107.81 L13 S74°40'I3'f 254.63 1.14 S70'58 '14"E 224.14 1.15 564'15'16'E 179.02 L16 557°54'39'E 346.59 1.17 565'02'40'E 116.92 1.18 S74°39'53'E' 260.98 1.19 587°37'10'E 230.26 1.20 580'40'56'E 88.68 121 572°24'26'E 188.01 1.22 S58°26 '32'E 189.04 1.23 555°33'06'E 80.67 *SEE SHEET 3 0' NOTES 2 03/05 ALS REVISE) GRANTEE NAME & DIST NAME ALS 1 1/29 MTJ ADDED RED RECK GATHERING. LLC AIS RED ROCK GATHERING COMPANY, LLC REV. DATE BY DISCRIPBON a6c a SURVEYOR PREPARING THIS EXHIBIT: WWIER 8 ASSOCIATES, INC. 701 IWYIMDER W. SURE 300 ) 14GTON, TEXTS 76015 IE1RO (617)467 7706 Texas From Regbtration No. F-2776 wx.KS ssociales.com TOM Board of Land Sine/mg Registration No. 10033900 HOMER DEEP UNIT PIPELINE 622 ENTERPRISES, LLC 0' WIDE PERMANENT ESEMEM' GARRELD COUNTY, COLORADO DRAWN BY:UR DA1Ei07-24-2013 CHECKED BT? DA1E03-05-2014 SCALE: 1'=300' ARP.: 6LS\ DWG. NO. 20F3 REV. 2 EXHIBIT ' B' FIELD NOTES - DESCRIPTION 30' WIDE PERMANENT EASEMENT BEING A 30—FOOT WIDE STRIP OF LAND LOCATED IN THE NW 1/4 SW 1/4 AND THE SE 1/4 OF SECTION 10, TOWNSHIP 8 SOUTH, RANGE 98 WEST, 6111 PRIME MERIDIAN, GARFIELD COUNTY, COLORADO, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO #22 ENTERPRISES, LLC, RECORDED IN RECORD NUMBER 800324, OFFICIAL PUBLIC RECORDS, GARFIELD COUNTY, COLORADO (O.P.R.G.C.C.), SMD 30—FOOT WIDE STRIP BEING 15 LEFT AND 15 FEET RIGHT OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT POINT IN A NORTH UNE OF SAID #22. ENTERPRISES TRACT, FROM WHICH A 2.5° ALUMINUM CAP FOUND STAMPED "UELS LS9019" BEARS S 18'06'59" W, 1,377.29 FEET, SAID ALUMINUM CAP BEING THE WEST 1/4 CORNER OF SECTION SAID 10; THENCE S 43'02'12" E, DEPARTING A NORTH UNE OF SAID #22 ENTERPRISES TRACT, 367.17 FEET TO A POINT; THENCE S 44'13'32" E, 304.66 FEET TO A POINT; THENCE S 44'46'25" E, 575.38 FEET TO A POINT; THENCE S 45'34'56" E, 186.19 FEET TQ A POINT; THENCE S 53'32'28" E, 216.07 FEET TO A POINT; THENCE S 4514'32" E, 313.33 FEET TO A POINT; THENCE S 46'39'34" E, 204.93 FEET TO A POINT; THENCE S 4711'12" E, 483.57 FEET TO A POINT; THENCE S 50'08'36' E, 93.01 FEET TO A POINT; THENCE S 63'19'53" E, 87.55 FEET TO A POINT; THENCE S 7320'57" E, 189.88 FEET TO A POINT; THENCE S 78'48'25° E, 107,81 FEET TO A POINT; THENCE S 7440113° E, 254.63 FEET TO A POINT; THENCE S 70'58'14° E, 224.14 FEET TO A POINT; THENCE S 64'15'16" E, 179.02 FEET TO A POINT; THENCE S 5754'39" E, 346.59 FEET TO A PONT; THENCE S 65'02'40" E 116.92 FEET TO A POINT; THENCE S 7439'53" E, 260.98 FEET TO A POINT; THENCE S 8737110' E, 230.26 FEET TO A POINT; THENCE S 80'40'56" E. 88.68 FEET TO A POINT; THENCE S 72'24'26' E, 188.01 FEET TO A POINT; THENCE S 58'26'32' E, 189.04 FEET TO A POINT; THENCE S 55'33'06° E, 80.67 FEET TO THE PLACE OF TERMINATION IN A SOUTH UNE OF SAID #22 ENTERPRISES TRACT, FROM WHICH A 10" X 12" X 24" SANDSTONE BEARS N 19'46'55" E, 1,373.13 FEET, SAID SANDSTONE BEING THE EAST 1/4 CORNER OF SAID SECTION 10. SAID UNE BEING 5,288 FEET IN LENGTH. NOTES: P1R)OPOSED PIPEUNE CF ENTERU ET AND EASIS TO E SE LOCATION OF (2) THIS PLAT IS NOT A BOUNDARY SURVEY. (3) ALL BEARINGS ME RASED ON THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE 502. NORTH AMERICAN DATUM 1981 THE BEARING OF THE UNE BETWEEN MESA COUNTY SIMS MONUMENT T1697 (A STONE WITH 3 STASHES ON ITS SOUTH FACE, AN 'X' CUT ON ITS UPPER ANGLE AND 1 SLASH ON 115 SOUTH FACE) AND MESA COUNTY SIMS MONUMENT 71649 (A 2" IRON PIPE WITH A BRASS CAP STAMPED "COUNTY SURVEY MARKER N0. 14097 IS 5 38'05'22" W. (4) THE ATTACHED EXHIBIT VMS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT, (5) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF MARCH THRU JUNE, 2013 UNDER THE DIRECT SUPERVISION OF GREGG AE. MADSEN, P.LS. N0. 38380. (6) REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART THEREOF. 2 03/05 ALS REMSED GRANTEE NAME & D080T NAME ALS 1/29 MTJ ADDED RED ROC( GATHERING, LLC ALS RED ROCK GATHERING COMPANY, LLC REV. DALE BY DESCRIPTION CIK SURVEYOR PREPARING THIS EXHIBIT: ��4 WIER &ASSOCIATE$ INC 701 IPGIUMER NM), $UTE 300 AJB!✓L7g1, TIM 76015 I0110 (817)467 7700 Texas ram Registration No. F-2776 4wrierAssociateaoom Texas Board of Land Surveying Registration No. 10033900 HOMER DEEP UNIT PIPELINE 922 ENTERPRISES, LLC 0' WIDE PERMANENT EASEMENT GARFIELD COUNTY, COLORADO DRAIAN Bt UR 0A1E07-25-2013 (RECITED BY: DATE 03-05-2014 SCALE N/A APP.: 64 DWG. N0. 3 OF 3 REV. 2 Secuon Line J 1- #22 ENTERPRISES, LLC - - ... _.... .. ry —+ I I 0 1/4 Sedan Line n I 00 I I i i I Sectlon Lina LEGEND OES NOT =PROPEF )UNDARY GHT-OF-WAY =EMsnr EA ARE 1/4 Section Line I � i I I i I I EXHIBIT "C" R98W, 6th P.M. Section Une I II• • • #22 ENTERPRISES, LLC 9 Secuon Line SURVEYED DY: A. DRAWN BY: M.W DATE: 1-23-13 NOT TO SCALE DATE REVISED: Y / . V) (D It N tri b Z 1/4 Sectlan Line ;i y 0 i / j / p trJJ 40a ly �rJ O x 0 H 1berllne ig & Land Surveying 1300 West• Vernal. Utah (435)789-1365 / Sedan Line r,rii r n FC M 0 trygyy 0 A O b I CD F r r Homer Deep Unit Biological Survey 2012 available habitat in the project area, the effects of displacement would be minimal. Increased vehicle traffic would not likely result in any major decline in reptile populations in the project area. Amphibians The most likely impact to amphibians would be displacement due to project development and mortality caused by increased vehicle and equipment traffic. Because the area is so arid, amphibian populations are generally restricted to perennial water sources and precautions should be taken near waterways and wetlands to reduce potential adverse effects to any isolated populations. Fish Native fish could be impacted by water depletions, sedimentation, and alteration of aquatic habitats in the project area. WWE recommends implementing a stormwater plan, installing stormwater BMPs and consultation with BLM to minimize impacts to native fish. Noxious Weeds Observations The most commonly observed weeds in the project area are downy brome (a.k.a. cheatgrass) (Bromus tectorum) throughout the sagebrush shrubland, PJ woodlands and roadsides; and tamarisk (Tamarix spp.) in drainages, stock ponds, low-lying areas and roadsides. Jointed goatgrass (Aegilops cylindrica) is found along CR 200, but less was observed in 2012 than in the two previous years. It is possible that the dry spring conditions prevented germination of much of the jointed goatgrass seed. Other noxious weeds present include: bulbous bluegrass (Poa bulbosa), common burdock (Arctium minus), Russian knapweed (Centaurea repens), field bindweed (Convolvulus arvensis), and common mullein (Verbascum thapsus). Table 12 provides the state and county status for the noxious weeds observed in the project area. Table 12. State and County Listing for Noxious Weeds Observed in Project Area Noxious Weed State Mesa County Garfield County Bulbous bluegrass C Chicory C Common burdock C X Common mullein C Downy brome C Field bindweed C Jointed goatgrass B X Russian knapweed B X X Tamarisk B X No other state or county -listed weeds were detected. Mesa County, Garfield County and state - listed weed locations are shown in Figures 2A through 2C. WestWater Engineering Page 23 of 33 September 2012 Horner Deep Unit Biological Survey 2012 Recommendations Portions of the project area are infested with several species of noxious weeds. This has created a seed source that makes infestations on any new disturbance a near certainty. Implementation of an aggressive noxious weed and vegetation management plan is suggested to coincide with project development to control the existing infestation, prevent new infestations within the project area, and reduce the spread of noxious weeds to adjacent areas that have not yet been infested (State of Colorado 2010). In addition, aggressive weed management in conjunction with reseeding of native vegetation will promote the establishment of desirable plant life in areas of current infestation, benefiting the natural vegetative community and wildlife that occupies the area. Waters of the U.S. (WoUS) Observations WWE biologists surveyed for aquatic resources within the project area, including COE drainage crossings and potential COE jurisdictional wetlands. Twenty-six potential COE jurisdictional WoUS were identified during the surveys and are listed in Table 13 and shown on Figure 4. There are eight potential wetlands, 13 drainage crossings and five points where the proposed right-of-way (ROW) crosses blue lines on the topographic map indicating a waterway, but do not show signs of carrying water (no ordinary high water mark — OHWM). No wetland delineations were performed. Wetlands are presented first in Table 13 followed by drainage crossings. Recommendations Construction in wetlands and drainages has the potential to degrade water quality, affect hydrology, and impact wildlife. Implementation of stormwater management plans and BMPs will reduce the effects of construction in drainages. Avoidance of wetlands is preferable, but wetland delineations in compliance with COE regulations should be performed if construction in wetlands will occur. WestWater Engineering Page 24 of 33 September 2012 ?PHSU`01 Legend Needs SSS Plants • Raasin knapaaee (a Hahaea asTFwlch i7 Careers bwdeck ® DeSagwphau4 • Ch'cary (9 Cobrado hoakbss cactus I. Bahew IA/ay-ass ['9 DaBagve Fha:c.PcwMal Rabbi LI Common mureb ESNSerya phac.Fa Calcul Hab2aa ■ SalbinMaed ri Doepaa phase's Survey/1m ■ Tamarisk SSSMantasave F Area Feb bbdxaed Pgenta andWReads Tamarisk MI Pada ®Taeur4Y ® Cenaa!aed farlNp QHamar Deep unit =BM Roads Figure 2 A Black Hills DeBeque Exploratory Proposal Horner Deep Unit 2012 Biological Surveys SSS Plants and Weeds WestWater Engineering ranNn9 Fn9Mean a wararn 42 September 2012 IM MOWN" \*; ��11gg�TTTT �`` !jam\� \\ } ►`11� of ■ a - - ._._«. cr_rr`,ar ■ Rusinn knap:veedn® naturaUmikvalch o Common burdock DoSeque phomb ■ Chkory () Colorado hockkss [acts {] Bumausbhsp.ass C �Oeeequephauka PelenCli Habast ❑ Common rvt., ®OeSequa phac.F Crirnal Habilat ■ Fled Wachs. od QDoeeque pinwra Sunny Am* ■ Tamarisk QSSS Plan Savoy Am -Pisa landward Z.arrPgre6ms and* Roads ® MI Pads ®Tamalhk Cenharged FaczUes QRamaa Orap Una Ell SW - Roads ® Tamarbb 9+ ZZy 1� l Flgure 2 B Black Hills DeBeque Exploratory Proposal Homer Deep Unit 2012 Biological Surveys SSS Plants and Weeds WestWater Engineering Canruhny fngneenbkrandHa as September 2012 Detail Area Critical Habitat VM L Pyramid Roc -1 tr Legend Weeds SSS Planta • Jointed Soalyrass ® Heluas ndivl_h • RusWnlnapweed INSeque puede U Commonb,adat C1 Cobrado eaolbeseaetus ■ Chpery (, ) oars.. pbreia PaleMat Habihl O 6ubaue Woven ISM Deaege phecole CtIc, Habitat U Commonnuleh I=Calqueauney Ma • Fietl bindweed Q ase Planta 9anepArea ■ Tamarisk endw Roads — Jointedgeatgross ®rile Pads —Field binndneed ® Cenaaiacd FacWea tie Tamarisk cm Homo Deep ®Tamarhh Usui — Roade Figure 2 C Black Hills DeBeque Exploratory Proposal Homer Deep Unit 2012 Biological Surveys SSS Plants and Weeds nVestWater Engineering CmsuMe inalnten/Mediu 44 September 2012 STATE OF COLORADO John W. Hickenlooper, Governor • Larry Wolk, MD, MSPH Executive Director and Chief Medical Officer -.. _..._ .... _............ _ __ Dedicated to protecting and improving the health and environment of the people of Colorado Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 60230-6928 (303) 692-3090 www.colorado.gov/cdpherlab Rene Casadaban, COO Red Rock Gathering Co LLC 1800 One Hughes Landing Blvd Ste 300 The Woodlands, TX 77380 Colorado Department of Public Health and Environment DATE: 6/10/2014 - MEMO RE: Certification, Colorado Discharge Permit System Permit No., COR030000, Certification Number: CORO3M315 DIVISION CONTACTS: Lillian Gonzalez, Environmental Protection Specialist, at 303-692-3655, or Karen Harford, Admin, at 303-691- 4019 ATTACHMENTS: Certification COR03M315, General Permit, Highlight Sheet, Inactivation form The Water Quality Control Division (the Division) has reviewed the application submitted for the De Beque HDU Pipeline facility and determined that -it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. FEE INFORMATION: The Annual Fee for this certification is $245.00 [category 7, subcat 9 —Stormwater Construction per CRS 25-8-502] is invoiced everyiuly. Do Not Pay This Now. The initial prorated Invoice will be sent to the legal contact shortly. CERTIFICATION RECORDS INFORMATION: The following information is what the Division records show for this certification. For any changes to Contacts — Legal, Facility, or Billing — a "Notice of Change of Contacts form" must be submitted to the Division. This form is also available on our web site and must be signed by the legal contact. Facility: De Beque HDU Pipeline Construction Activities Oil and gas production Legal Contact (receives all legal documentation pertaining to the permit certification): Rene Casada ban, C00 Red Rock Gathering Co LLC 1800 One Hughes Landing Blvd Ste 300 The Woodlands, TX 77380 Facility Contact (contacted far general inquiries regarding the facility): Andrew Parisi,Env Dir Red Rock Gathering Co LLC 999 18 St Ste 34005 Denver, CO 80202 Billing Contact (receives the invoice pertaining to the permit certification): Andrew Parisi, Env Dir Red Rock Gathering Co LLC 999 18 St Ste 34005 Denver, CO 80202 ADMINISTRATIVE CONTINUATION EXPLANATION: The Division is currently developing a renewal permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. The Construction Stormwater General Permit, which expired June 30, 2012, is administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. 1973, 24-4-101, et seq (1982 rept. vol. 10) until a renewal permit/certification is issued and effective. The renewal for this facility will be based on the application that was received 5/29/2014 The expiration date identified on the enclosed certification (6/30/2012) is correct; all effluent limits, terms and conditions of the administratively continued permit are in effect until the renewal is complete. GarfieldCounty Phone number: 832-460-7939 Email: rcasadaban@summitmldstream.com Phone number: 206-420-7084 Email: aparisi@summitmidstream.com Phone number: 206-420-7084 Email: aparisi@summitmidstream.com ColoradoDeparoment ofPublic Health and Environment Facility Industrial Activity : Facility Located at: CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03M315 This Certification to Discharge specifically authorizes: Red Rock Gathering Co LLC to discharge stormwater from the facility identified as De Beque HDU Pipeline To the waters of the State of Colorado, including, but not limited to: - Dry Fork Roan Creek Specific Information (If applicable): Oil and gas production near 5 Dry Fork Rd De Beque CO 81630 Garfield County Latitdde 39.366111 Longitude -108.342778 Certification is effective: 6/10/2014 Expiration Date:.6/30/2012 *ADMINISTRATIVELY CONTINUED This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. Signed, LL Lillian Gonzalez, Environmental Protection Specialist Permits Unit 1 Mgr Water Quality Control Division *explanation of Admin Continued in cover letter Page 1 of 22