HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8tt, Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfieid-county_com
RECEIVED
APR 2 4 2008
GARFIELD COUNTY
BUILDING& PLANNING
Pipeline Development Plan Permit
GENERAL INFORMATION
• General Location of the Pipeline (Right -of -Way): From a point southwest of Parachute
in Section 36, T7S, R96W terminating in Section 9, T7S, R94W
➢ Diameter and Distance the pipeline: 24 Inch - 14.3 Miles
> Existing Use & Size of Property in acres: Rangeland; Oil & Gas Exploration - 204 Acres
> Description of Proposed Pipeline: Install; maintain, & operate a 24" natural gas pipeline
for the purpose of gathering produced gas form area operators and transporting gas to market.
The proposed pipeline will be constructed within an existing pipeline corridor.
➢ Zone District(s): ARR10
➢ Name of Owner of Right -of -Way: ETC Canyon Pipeline, LLC
D. Address: 1600 Broadway, Suite 1900 Telephone: 720-225-4000
City: Denver State: CO Zip Code: 80202 FAX:
> Name of Owner's Representative, if any (Attorney, Planner, etc):
Wagon Wheel Consulting, Inc. Jimmy Smith
• Address: 111 East 3rd Street,
City: Rifle State:
Suite 213 Telephone: 970-625-8433
CO Zip Code: 81650 FAX: 625-8435
STAFF USE ONLY
> Doc. No.: Date Submitted: TC Date:
• Planner: Hearing Date:
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach
any additional information to be submitted with this application:
Development Plan Submission: The applicant shall submit eight copies of the
proposed development plan with the completed application form to the Planning
Director. The following information must be submitted with a development plan
application:
(1) A vicinity map indicating the section, township, and range of the
site, and its relation to surrounding public roads and municipal
boundaries.
(2) Project Overview: a description of the project including the
length of the pipeline, diameter of the pipeline, pipeline
commodity, and the general description of the pipeline route.
(3) Ownership
A. For individual right-of-way, a diagram showing adjacent
properties and the approximate location of buildings and
their uses within a distance of 350 feet of any proposed
structure, facility, or area to be disturbed. This may be drawn
at a smaller scale than the site plan_
B. For an area plan, the map will show the property boundaries
and ownership information for all private and public property
included in the development area.
(4) Evidence of surface owner notification and of surface
agreements where the surface owner is not a party to the mineral
lease_
(5) Need for Proposed Action: a statement of the reason for the
pipeline
(6) Regulatory Permit Requirements: a table indicating the permit
agency name, permit/action driving task and the task to be
performed to obtain the permit.
(7) Primary Project Participants: Include the names, address and
phone numbers of the company representative, company and
individual acting as an agent for the company, construction
company contacts, federal and state agency contacts
(8) Project Facilities: Identify any permanent project facilities such
as permanent right-of-way, widths, meter stations, valve sets, etc.
Also indicate any temporary right-of-way, width during construction,
construction facilities, etc.
(9) Construction Schedule: indicate the estimated start and end
dates for construction, days of the week in which construction will
occur, hours of day during which construction will occur.
(10) Sensitive Area Survey: List the types and areas of concern
along the pipeline right-of-way, such as: sensitive plant populations,
cultural, archeological, paleontological resources and wetlands
identified during pre -construction environmental surveys, if
applicable.
(11) Land Grant/Permits/Authorizations and Stipulations: attach a
copy of any land grant, permits, and authorizations including
stipulations.
(12) Revegetation Plan:
a. A plant material list. Be specific, scientific and common
names are required. Include application rate in terms of pure
live seed (PLS) per acre.
b. A planting schedule that includes timing, methods, and
mulching.
c. A revegetation security. A security may be required if, in
the determination of the County Vegetation Management, the
proposed project has:
(i) A potential to facilitate the spread of noxious weeds
(ii) A potential to impact watershed areas.
(iii) A potential for visual impacts from public viewing
corridors.
(iv) Steep slopes (15% or greater) or unstable areas.
(v) Disturbs large area (Half an acre or greater)
d. The revegetation security will be in an amount to be
determined by the County Vegetation Management that will
be site-specific and based on the amount of disturbance.
The security shall be held by Garfield County until vegetation
has been successfully reestablished, or for a period of time
approved by the County Vegetation Management in any
specific land use action, according to the Reclamation &
Revegetation Standards Section in the Garfield County
Weed Management Plan. The County Vegetation
management will evaluate the reclamation and revegetation
prior to the release of the security.
(13) A weed management plan for all Garfield County listed noxious
weeds and State of Colorado listed noxious weeds that are
targeted by the Commissioner of Agriculture for statewide
eradication.
(14) Emergency Response Plan: include a fire protection and
hazardous materials spills plan, which specifies planned actions for
possible emergency events, a listing of persons to be notified of an
emergency event, proposed signage, and provisions for access by
emergency response teams. The emergency plan must be
acceptable to the appropriate fire district or the County Sheriff, as
appropriate. The plan shall include a provision for the operator to
reimburse the appropriate emergency service provider for costs
incurred in connection with emergency response for the operator's
activities at the site.
(15) Traffic Impact: for construction traffic on county roads, indicate
the anticipated types of vehicles, number of each type, anticipated
number of trips per day per each type, county roads to be used ,
percentage of the construction traffic that will travel on each listed
county road.
(16) Staging Areas: indicate the general location of the staging
areas required for pipeline construction.
(17) Hydrotest Water: indicate the quantity of water required,
source of water and the disposition of the water after testing.
II. Referral and Review by Planning Director:
The Planning Director will coordinate the review of the development plan
application. Upon the filing of a complete application for development plan
review, the Planning Director shall promptly forward one copy to the County
Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering
Departments; the appropriate fire district or County Sheriff; the surface owners of
an individual pipeline development plan; and any adjacent municipality for
comment.
(1) Referral comments on the proposed development shall be
returned to the Planning Director no later than 18 days from the
date of application for an individual site application and 30 days
from the date of application for an area development plan.
(2) In addition, the applicant shall notify the property owners within
200 feet of the route that are not affected surface owners with an
agreement with the applicant. A sign will be posted on the portions
of the route crossing or adjacent to a public road within seven days
after receiving the application for an individual development plan
review. Both the notice and the sign shall indicate that a
development plan review application has been made, and the
phone number of the Planning Department where information
regarding the application may be obtained. The applicant shall
notify all property owners within 200 feet of the outside boundary of
an area development plan and post a sign at the intersection of
each public road entering the area within seven days after receiving
the application for an area development plan review. Both the
notice and the sign shall indicate that a development plan review
application has been made, and the phone number of the Planning
Department where information regarding the application may be
obtained.
(3) Any determination by the Planning Director to approve or conditionally
approve a development plan application must be in writing and mailed or
otherwise provided to the applicant no later than 28 days for an individual
pipeline development plan or 60 days for an area pipeline development plan,
after the date on which the development plan application is filed. Failure to
make a determination on the application within this time period shall result in
the application being considered approved and the applicant's building
permit or access, or other permits being processed.
III. Development Plan Review Standards and Criteria for Approval:
A development plan shall be approved or conditionally approved in accordance with the
following standards and criteria.
(1) Right-of-way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of
agricultural crop production as a general guide. Non -perimeter locations will
be acceptable if the surface owner agrees and there is no adverse impact on
adjacent properties.
(2) Any equipment used in construction or operation of a pipeline must
comply with the Colorado Oil and Gas Conservation Commission Rules and
Regulations, Section 802, Noise Abatement.
a. For any pipeline construction or operational facility that will have a
substantial impact in adjacent areas, additional noise mitigation may be
required. One or more of the following additional noise mitigation
measures may be required:
(1) acoustically insulated housing or covers enclosing any
motor or engine;
(ii) screening of the site or noise emitting equipment by
fence or landscaping;
(iii) a noise management plan specifying the hours of
maximum noise and the type, frequency, and level of
noise to be emitted; and
(iv) any other noise mitigation measures required by the
OGCC.
b. All power sources used in pipeline operations shall have electric
motors or muffled internal combustion engines.
(3) Pipeline operations shall be located in a manner to minimize their visual
impact and disturbance of the land surface.
a. The location of right-of-way shall be away from prominent natural
features and identified environmental resources.
b. Right-of-way shall be located to avoid crossing hills and ridges, and
wherever possible, shall be located at the base of slopes.
c. Facilities shall be painted in a uniform, noncontrasting, nonreflective
color, to blend with the adjacent landscape. Right-of-way shall be located
in existing disturbed areas unless safety or visual concerns or other
adverse surface impacts clearly dictate otherwise.
(4) Access points to public roads shall be reviewed by the County Road &
Bridge Department and shall be built and maintained in accordance with the
Garfield County Road Specifications. All access and oversize or overweight
vehicle permits must be obtained from the County Road & Bridge
Department prior to beginning operation. All proposed transportation right-of-
way to the site shall also be reviewed and approved by the County Road &
Bridge Department to minimize traffic hazards and adverse impacts on public
roadways. Existing roads shall be used to minimize land disturbance unless
traffic safety, visual or noise concerns, or other adverse surface impacts
clearly dictate otherwise. Any new roads created as a result of the pipeline
construction, intended to be permanent for maintenance and repair
operations shall be placed behind a locked gate or other barriers preventing
use by recreational vehicles. Any gates or barriers need to be consistent with
the surface owner's preferences.
(5) In no case shall an operator engage in activities which threaten an
endangered species.
(6) Air contaminant emissions shall be in compliance with the applicable
permit and control provisions of the Colorado Air Quality Control Program,
Title 25, Resolution 7, C.R.S.
(7) All operations shall comply with all applicable State Public Health and
Environment, Water Quality Control standards.
(8) Any proposed waste disposal or treatment facilities shall comply with all
requirements of the County Individual Sewage Disposal System Regulations.
(9) The proposed reclamation plan shall provide for a reasonable
reclamation schedule in light of the specific surface use and surrounding
land uses, and may require recontouring and revegetation of the surface to
pre -disturbance conditions. The Planning Director may also approve a plan
for an alternative postdisturbance reclamation, provided the surface owner
and the applicant agree, and the plan is in harmony with the surrounding
land uses and the Comprehensive Plan.
(10) Should an abandoned pipeline be removed, it will be subject to the
original revegetation and weed management requirements in the original
application.
IV. Conditions of Approval
(1) If the Planning Director finds in reviewing a development plan application
that the application meets the applicable standards set forth above, the
Planning Director shall approve the site plan, and the applicant may continue
the processing of the building or other associated County permit
applications, or otherwise engage in the construction of the proposed
pipeline.
(2) If the Planning Director finds that the application does not meet an
applicable standard or standards, the application shall be approved with
appropriate reasonable conditions imposed to avoid or minimize the
significant adverse impacts of the development. Such conditions may
include, but are not necessarily limited to, the relocation or modification of
proposed access roads, facilities, or structures; landscaping, buffering, or
screening; posting of adequate financial guarantees; compliance with
specified surface reclamation measures; or any other measures necessary
to mitigate any significant impact on surrounding properties and public
infrastructure.
(3) Once the Planning Director issues a determination on the development
plan, the determination shall not be final, and no permit based upon the
determination shall be issued, for 14 calendar days after the date of the
determination, in order to allow time for the applicant to appeal, or for the
Board of County Commissioners to call up the determination for further
review, pursuant to Sections 9.07.08 and 9.07.09 of the Pipeline Resolution.
The Planning Director's determination shall become final, and permits
applied for in accordance with the determination may be issued, only after
the expiration of this 14 -day period, and only if the determination is not
reviewed and acted upon by the Board of County Commissioners at a
subsequent appeal or call-up hearing.
I have read the statements above and have provided the required attached information
which is correcctt and accurate to the best of my knowledge.
/�ia�r�l�l/• �i%�1�ih
ignatu
i4e./4/74
of Owner of Right -of -My) Last Revised: 07/2007
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established
a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved_ The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
Preliminary Plan $675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
Final Plat $200
Amended Plat $100
Exemption from the Definition of Subdivision (SB -35) $300
Land Use Permits (Special Use/Conditional Use Permits)
• Administrative/no public hearing $250
• Board Public Hearing only $400
• Planning Commission and Board review & hearing $525
Zoning Amendments
• Zone District map amendment $450
• Zone District text amendment $300
• Zone District map & text amendment $500
• PUD Zone District & Text Amendment $500
• PUD Zone District Text Amendment $500
Comprehensive Plan Amendment $450
Board of Adjustment
• Variance $250
• Interpretation $250
Administrative Permits
• Floodplain Development $400
• PipeIine Development $400
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 —1s` page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and ETC CzNyaN pipe /sile) 2. LC
(hereinafter APPLICANT) agree as follows: ff
1. APPLICANT has submitted to COUNTY an application for SOU 7/ Papa c h v to Lee?
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
fSignatur
,v1 /I) chzd
Date: Y - g. -4g
%T mm y w..Stru'/k
Print Name
Mailing Address:
11/ Ea-st 3' _SfQeet, 5w 243
RiTle, CY) 6I450
10/2004
Page 4
Jimmy Smith
prom: Smith, Art [Art.Smith@energyiransfer.coml
ent: Thursday, April 17, 2008 8:09 AM
fo: jimmy@wagonwheelconsuliing_com
Subject: Garfield County
Jimmy Smith of Wagon Wheel Consulting is an authorized agent of ETC Canyon Pipeline, LLC
pertaining to matters with Garfield County Colorado.
No virus found in this incoming message.
Checked by AVG.
Version: 7.5.524 / Virus Database: 269.23.0/1383 -- Release Date: 4/17/2008 9:00 AM
4.00010
April 21, 2008
Wagon Wheel Consulting, Inc.
Attn: Jimmy Smith
111 E. 3rd Street, Suite 213
Rifle, CO 81650
Re: Authorized Agent
Jimmy,
ETC Canyon P,peime.
1600 Broadw:3y, Suate 19O(:
Denver. CO 80202
720.725-40'00
:?03-961-4761 ;Fa ).1
This letter serves as authorization for you to act as an authorized agent of ETC Canyon
Pipeline, LLC ("ETC") with respect to ETC's project permitting needs with Garfield
County, Colorado.
Sincerely,
Arthur Smith
Manager of Engineering - Projects
Office: 720-225-4011
Cell: 303-888-2843
Email: Art.Smith@energytransfer.com
ADMINISTRATIVE PERMIT
ETC CANYON PIPELINE, LLC
SOUTH PARACHUTE LOOP
TABLE OF CONTENTS
I. Application Form
II. Vicinity Map
III. Project Overview
IV. Ownership Map
V. Surface Owner Agreements
VI. Adjacent Landowners
VII. Regulatory Permits
VIII. Primary Project participants
IX. Plan of Development
Appendix A. Environmental Compliance
Appendix B. Soil Conservation, Sedimentation & Erosion Plan
Appendix C. Stream Crossing & Wetland Protection Plan
Appendix D. Pressure Testing
Appendix E. Reclamation Plan
Appendix F. Fire Prevention & Suppression
Appendix G. Hazardous Material Management & Spill Prevention
Appendix H. Safety Plan
Appendix I. Water Discharge Permit
X. Construction Schedule
XI. Sensitive Area Survey
XII. Weed Management & Integrated Vegetation Plan
XIII. Wildlife Management Plan
XIV. Emergency Response Plan
XV. Traffic Study
XVI. Staging Areas
XVII. Hydrotest Water
XVIII. Pipeline Engineering Standards
XIX. Storm Water Management Plan
2
PROJECT OVERVIEW
The project consists of approximately 14.3 miles of 24 inch diameter buried, steel, natural
gas pipeline and related valve facilities. The pipeline begins at an existing 12" pipeline
interconnect located in Section 9, Township 7S, Range 94W and terminates at a point in
Section 36, Township 7S, Range 96W. The pipeline will reside totally within Garfield
County, Colorado. Of the total 143 miles of pipeline, approximately 3.5 miles will be
installed on BLM lands. The remaining 10.8 miles will be on private fee properties.
Construction will occur with one construction spread and is scheduled to start in early
spring, 2008,.with the completion of construction approximately 14 to 16 weeks later.
ETC Canyon Pipeline, LLC has requested a 30ft permanent ROW width along with an
additional 30ft of temporary construction ROW. The pipeline will be installed
immediately adjacent to existing pipelines currently operated by ETC Canyon Pipeline as
well as pipelines, within the same corridor, owned by other operators within the
surrounding area. Two temporary staging areas, located on private properties, have been
selected for use during mobilization and demobilization of equipment and for the delivery
of pipe and materials. ROW agreements, to include one 2 acre staging area located on
EnCana property and one 4 acre staging area located on Martin property, have been
obtained from the private landowners. The pipeline will be operated on a year-round
basis.
The 24 inch diameter pipeline will offset the existing pipeline by a distance of 15 feet and
will be installed at a depth so as to allow for 48 inches of cover above the top of the pipe.
Where irrigation ditches are encountered, ETC plans to use a "bore" technique to cross
under the ditches in order to maintain water flow and to prevent damage to the integrity
of the ditch. The pipeline will be installed in compliance with all BLM and private
landowner stipulations. Approved utility permits have been obtained from Garfield
County Road & Bridge for the proposed road crossings.
Construction plans are outlined within the Plan of Development (Exhibits A
through 11) of this packet.
PURPOSE AND NEED
NEED FOR PROPOSED ACTION: ETC Canyon Pipeline is proposing to install a 24 -
inch gas gathering pipeline to increase the capacity of the existing natural gas
transportation system. The proposed pipeline will gather and transport —240 million
standard cubic feet per day of natural gas at expected operating pressures. The actual gas
volumes will be dependant upon available produced gas and operating pressures. The
current pipeline system is at full capacity of approximately 20 million standard cubic feet
per day and is experiencing high operating pressures due to the increasing produced gas
volumes. The proposed 24" pipeline is designed to handle anticipated increases in natural
gas production from wells currently being drilled as well as future wells to be drilled by
operators in this area.
The pipeline alignment selected is immediately adjacent to an existing ETC pipeline. The
route was selected so as to minimise disturbance of virgin ROW. Construction of the
pipeline will utilize previously disturbed ROW to the greatest extent possible_
ETC CANYON PIPELINE, LLC
SOUTH PARACHUTE LOOP
TOWNSHIP 7 SOUTH, RANGE 96 WEST
SECTION 36: NE1/4SW1/4, SE1/4NW1/4, S1/2NE1/4;
TOWNSHIP 7 SOUTH, RANGE 95 WEST
SECTION 31: SW1/4NW1/4, N1/2NW1/4, NW1/4NE1/4;
SECTION 30: SW1/4SE1/4, N1/2SE1/4
SECTION 29: NW1/4SW1/4, W1/2NW1/4
SECTION 20: W1/2SW1/4, NE1/4SW1/4, N1/2SE1/4, E1/2NE1/4
SECTION 17: SE1/4SE1/4
SECTION 16: 51/251/2, NE1/4SE1/4
SECTION 15: S1/2N1/2, NE1/4NE1/4
SECTION 14: NW1/4NW1/4
SECTION 11: 51/251/2, NE1/45E1/4, SE1/4NE1/4
SECTION 12: NW1/4NW1/4
SECTION 1: 51/251/2
OWNSHIP 7 SOUTH, RANGE 94 WEST
SECTION 6: N1/2S1/2
SECTION 5: W1/2SW1/4
SECTION 8: W1/2NW1/4, SE1/4NW1/4, S1/2NE1/4
SECTION 9: SW1/4NW1/4, NW1/45W1/4
COUNTY OF GARFIELD
STATE OF COLORADO
LANDOWNER
JOAN L. SAVAGE
CHARLES W & PATTY N BROWN, LLC et al
DIAMOND ELK, LLC
11795, LLC
BLM SEC 14
JOSEPH H.& MARIAN G. CLEM
BLM SEC 15 & 16
BATTLEMENT MESA PARTNERS
ALBERTA & WAYNE PAYTON
JOAN L. SAVAGE, et al
ALBERTA R. & RAND W. PAYTON & ANN
WILLIAMS
BLM SEC 29, 30 & 31
ENCANA OIL & GAS (USA) INC.
PARCEL NUMBER
2405-053-00-082
2405-064-00-005
2407-013-00-143
2407-113-00-016
2407-141-00-953
2407-151-00-025
2407-214-00-954
2407-083-00-152
2407-201-00-080
2407-204-00-050
2407-203-00-082
2407-214-00-954
2409-361-00-048
CALC'D PIPE LENGTH
12523
5094
7277
8116
899
4944
5962
2654
3363
72
6868
11540
6059
RODS
759.0
308.7
441.0
491.9
54.5
299.6
361.3
160.8
203.8
4.4
416.2
699.4
367.2
TOTALS 75371 4567.9
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and through the
lands of GRANTOR in the County of Garfield, State of Colorado, to wit
Subdivision Section Township Ran e
W1/2 SW1/4 5 7S 94W
S1/2 N1/2 8 7S 94W
NW1/4 SW1/4 8 7S 94W
SWI/4 NWI/4 9 7S 94W
NW1/4 SW1/4 9 7S 94W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the remov i of same at will, either in whole or in part, and the replacement of said pipeline
igtftiVNIWe1iL\A-dlefbriitt's'l and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
Joan L Savage 2/29/2008
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and,4900.reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities,
GRANTOR represents that he is the owner in fee simple of the land herein described, d /
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default byS
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any -
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN TAESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this 2_,
day of /4 r m i , 2008.
GRANTOR:
By: i h-vvie
Ilan L. Savage
GRANTEE:
Joan L Savage 3/]7/2008
THE STATE OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged before me this day of ?, t L , 2008, before me, a
notary public, in and for said county and state, personally carne the above-named Joan L. Savage who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary seal the day and year above
written.
lit COIAMISSIONEXPIRES
My Commission Expires:
THE STATE OF COLORADO
COUNTY OFv.(
No aiy Public in and for
The State of Colorado
The foregoing instrument vas acknowledged before me this .r day of rtf , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: /1 - /' ZOO
My Commission Expires 12/0112009
41
Notary•ub(ic in and for
The State of Colorado
Joan L Savage 3/17/2008
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of36-inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities.
6. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
7. All gates shall be left as they are found, Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Joan L. Savage
5953 County Road 320
Rifle, CO 81650
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Joan L Savage 3/17/2008
EXHIBIT "A"
PROPOSED PIPELINE ON JOAN L. SAVAGE PROPERTY
SEC.S 8 & 9, T. 7 S., R. 94 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
.-• ''' - - . • 11'
..., ..-•
, .. .--•
---
2 ACRE STAGING AREA '. 4
ON JOAN L. SAVAGE
,/ --_......
-... 01..).
1 j, .,
'.,-. 1 ,......
- -.- • i ,
"\:,..-,. ir",.
..,/' ...•
...... • ..4....''', ,; ",,,,...,..,,e'...
-
: /
f 4
C • k L
, \
11 A
• '11
11 i :1.51y51- 0117
r -Y tpl 1/4/ /
.1 ./ v.' ...`' • r
' .. \ C
-- — • I , / / -•./ 1
/1 ., !? . . , L. 1 ' . ,r7 ' 1 . ,
1 ‘ ?,..'"- , : Of / ' If 1'
.. .. ; / if r
, ' t 1 ....-.,.
.- (
i .. ( „„ , _- 41.1..4: fr
/ ,
\.../--- ----I': . l
II F
..,,..1
f-...\ v ‘ ,: ,..,„..,.,ir.,... ,.,..fil ...---
....-,\ I,.-4NOBLE TIE-IN: .- -- --__.
' ;±900' OF PRoPOSEDf ,..----- -`......,__ ..... -',/
• i .17.k:;. PPEutac ON."
.
e JOAN L SAVAGEsi„.- ‘•,..,
\•'1
' 4 I' ,---`4
i • V
,.. 7
, NOBLE COMPRESSOR Slit,
1
( —:
:
..../.....,----\/_,----- ,„..... 4_ ...-S,
5 ▪ '.. ---'
(/ / ‘ .. .e). ,— -----. ,,,-,
k f i f.. .I1 4,
/
— .. .
_..---' 1 \ '- ''... TiE INTO EXISTNE PIPELINE
-fr i \ %. d'''..._,-Th,_„1 / 0‘...° ,,,,,
AT PIC LAUNCHER
C--..---;".'---.'"'—..-- .
•
FOOTAGE S:
±13423 L.F. (613.5 RDDS) OF PROPOSED PIPELINE ON JOAN L. SAVAGE PROPERTY.
NOTF.;
EXHIBIT "A" IS NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCA TION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH, EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS -BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
ECLIPSE
surveying
'WE. THIRD ST., SUITE 208, RIFLE, CO 81650
IVO 6254048
SCALE: 1• = 000'
DATE: 01/24/08
ETC CANYON PIPELINE, LLC
1600 Broadway. Suite 1900
Denver. CO 80202
SHEET: 1of 1
FILE:\J SAVAGE EXH.DING
JOAN L. SAVAGE PROPERTY
EXHIBIT "A" — PRECONSTRUCTION PIPELINE EXHIBIT
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and through the
lands of GRANTOR in the County of Garfield, State of Colorado, to wit
Subdivision Section Township Range
N lx S '/z 6 7S 94W
This ROW shall be twenty fve (25) feet in width and shall be located concurrent with GRANTEE's
existing rights-of-way or third party rights-of-way. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire on January 1, 2009. Said ROW located on the above described
lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit "A",
which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to show
the final Iocation of the ROW or pipeline as actually constructed. The actual location of the ROW will be
determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with As -
Built Pipeline Exhibit after construction is complete.
This ROW shall cavy with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not Iimited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe, and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the Iand and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE shall, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
without prior written consent of GRANTEE, GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents that he is the owner in fee simple of the land herein described, subject only to
outstanding mortgages, if any, now of record in said county, and in the event of default by GRANTOR,
GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any mortgage, tax
or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said patties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
It is hereby understood that the parties executing this ROW on behalf of GRANTOR have authority
to bind GRANTOR.
IN TESTIMONY WHEREOF, the GRANTOR., herein have executed this conveyance this S+"
day of A-pri i , 2008.
GRANTOR: GRANTEE:
As Managing Partner for Charles W. and Patty N. Brown, LLC
Manager of Engineering - Projects
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
THE STATE OF OK b b m 4
COUNTY OF Sim e.14.
The foregoing instrument was acknowledged before me this r day of i416,4 ( , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Charles W. Brown as
Managing Partner for Charles W. and Patty N. Brown, LLC who is personally known to me and known to me
to be the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF T have hereunto set my hand and affixed my notary seal the day and year above
written,
My Commission Expires: 1/21///.2._
`�1�� `,..�.t1110i,r
Notary Public in an or FIM E N ,,
The State of /% .,, • �a Yp .�id
. L'0
E:n Fx80Qrhjr:m-
ro . a pP1 0r) 0: r- _
,yd 4), . . . j+ -
,,tis _ .�,
cal
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 41212008
THE STATE OLORADO
COUNTY OF V\t} -eV L
The foregoing instrument was acknowledged before me this day of / 2008, before me, a
notary public, in and for said county and state, personally carne the above-named Arthur Smith as Manager of
Engineering-- Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed m notary seal the day a d - ar above
written. f
My Commission Expires: 1 0 q� V 1 Wg
The State of Colorado
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
By: Ya--1-
By:
Robert D. Crain
Aai
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
THE STATE OF oKL l�,reG,
COUNTY OF Co.,aa,1-;
The foregoing instrument was acknowledged before me this 3i4day of A -p ril 1 , 2008, before rne, a
notary publie, in and for said county and state, personally carne the above-named Robert D. Crain who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
16I 31/ og'
.`c... GLENN A. ROBERTSON
sA� Canadian County
q » Notary Public in and for
State of Oklahoma
Commission # 00018288 Expires 10131/08
THE STATE OF L1 -x,) -Act
Ufh
Notary Public in and for
The State of
COUNTY OF 1.4.4.1m„.1.
The foregoing instrument was acknowledged before me thisday of A ri 1 , 2008, before me, a
notary public, in and for said county and state, personally came The abo named Mary E. Crain who is
personalty known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affix ;u my notary seal the day and year above
written.
My Commission Expires:
/4/3/244
;T4 q GLENN A. ROBERTSON
Canadian County
Notary Public in and for
State of Oklahoma
Commission # 00018288 Expires 10/31/08,
Notary Public in and for
The State of
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
co
o
o
Q
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain
THE STATE OF V
COUNTY OFVA-DA"-
The foregoing instrument was acknowledged before me this (-1 day of 1 , 2008, before xne, a
notary public, in and for said county and state, personally came the abovl -named George B. Crain who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: Dec 11 700 Z f w�
r Notary ' c in and for
The State of (,,4a.(1.
THE STATE OF
COUNTY OF tit'I`
KEVIN R HIGGINSON
Notary Public
State of Utah
My Commission Expires Dec. 19, 2012
5285 W 11000 N, Highland, UT 84003
The foregoing instrument was acknowledged before me this L/ day of 2008, before me, a
notary public, in and for said county and state, personally came the ab ve-named Debra H. Crain who is
personally known to me and known to ane to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: f c /9/ 202
KEVIN R HIGGINSON
Notary Public
State of Utah
My Commission Expires Deo. 19, 2012
5285 W 11000 N, Highland. UT 84003
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 4/2/2008
EXHIBIT "A"
PROPOSED PIPELINE ON CHARLES W Sc PATTY N BROWN, LLC PROPERTY
SEC 6, T. 7 S., R. 94 W., STH P.M.
GARFIELD COUNTY, COLORADO
LEGEND;
ETC CANYON PROPOSED PIPELINE
WILLIAMS' 12'0 GAS PIPELINE & 4"C, WATER LINE
EXISTING CANYON 8"0 PIPELINE
Jc
-.J E
3C
DC
3C
:Al r
JE
JE
FOOTAGES:
±4665 L.F. (2823 RODS) OF PROPOSED P1PEUNE ON CHARLES W & PAM' N BROWN, LLC PROPERTY.
NOTE.
EXHIBIT "A" IS NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE 15
ACTUALLY LAID. AS SUCH. EXHI131T "A" SHALL BE SUPPLEMENTED WITH AN AS—BU1LT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
IL ECLIPSE
-Wr- surveying
111 E THIRD St, SUO7E 208. RIFLE. CO 81050
(970) 625-3048
SCALE: 1 = 800.
DATE: 02/29/08
ETC CANYON PIPELINE, LLC
1600 Ordway, Sae 1900
Denver, CO 80202
SHEET: 1 of 1
FILE:\ BROWN EXH.DWG
CHARLES W & PATTY N BROWN, LLC PROPERTY
EXHIBIT "A" — PEECONSTRUCTION PIPELINE EXHIBIT
EXHIBIT "B" -- LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 36 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions,
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW,
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities,
6. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
7. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
10. GRANTEF shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. GRANTEE shall not, as much as reasonably practicable, interfere with Williams E&P production of
minerals on the subject property_
15. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Charles W. and Patty N. Brown, LLC
Charles W. Brown as Managing Partner
P.O. Box 587
Marlow, OK 73055
Robert D. Crain and Mary E. Crain
P.O. Box 485
Mustang, OK 73064
George B. Crain and Debra H. Crain
5446 W. Stone Creek Dr.
Highland, UT 84003
GRANTEE:
ETC Canyon Pipeline, LLC
1 600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Charles W. and Patty N. Brown, LLC, Robert & Mary Crain, and George & Debra Crain 412/2008
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter .cumulatively referred to as
GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid byETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and
convey unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its
successors and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a
route, clear, .entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with
appurtenances including, but not limited to, above and below ground valves, cathodic protection
equipment, and pipeline markers hereinafter sometimes collectively referred to as the facilities, across,
over, under, and through the Iands of GRANTOR in the County of Garfield, State of Colorado, to wit
Subdivision Section. Township Range
NW%NW1 12 78 95W
S' 1 75 95W
Portion NW 'A SW ''A 6 7S. 94W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction ROW
shall be necessary and shall .expire upon completion of construction. Said ROW located on the above
described Inds is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as
Exhibit "A which shall be attached hereto and by this reference made a part hereof Exhibit "A" is not
intended to show the ,final location of the ROW or pipeline as actually constructed. The actual location of
the ROW will be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be
supplemented with As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEES rights and benefits necessary or convenient for the full
enjoyment or use of the rights here in granted, including ,but not limited to, right of ingress and egress to
and from, and access on and along:said ROW, with the right to use existing roads, for"the purpose of
locating, surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the
facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of
said pipeline with either like or different size pipe, and the right to cut all trees, undergrowth, and other
obstructions that, in its judgment, may injure, endanger or interfere with the use of said facilities ,
This ROW together with all rights herein granted shall be covenants running with the land and be binding
upon GRANTOR, his heirs, executors, administers, personal' representatives, legal representatives,
successors, and assigns, and maybe assigned by GRANTEE, either in whole or in part, subjectto the terms
hereunder.
GRANTEE may; at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated,
GRANTOR reserves the right to the full use and enjoyment of said property except. for the purposes herein
granted., but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface rights
hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
Diamond Elk, LLC — March 19, 2008
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or
otherwise remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against each
and every claim, demand or cause of action that may be made or come against hien by reason or in any way
arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR for all
rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described, subject
only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeent.for GRANTOR, in whole or in part,
any mortgage, tax or other lien on said land and thereupon be subrogated to such Hen and rights incident
thereto.
It is hereby understood that the: parties securing this grant on behalf of GRANTEE are without authority to
make any covenant or agreement not herein expressed and this ROW, .as written, covers all agreements and
stiputations,.between the said parties, and no representations or statements, oral Gil written, have been
made modifying, adding to, or changing the terms hereof with the exception oflx%ibit "B", which shall be
attached hereto and by this reference made a part hereof.
It is hereby tinders.toad that the parties executing this ROW on behalf of GRANTOR have authority to bind
GRANTOR
IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this .2V4' -day of
Maize_, 2008.
GRANTOR:
Diamond Elk, LLC
A Colorado Limited Liability Company
By'
GRANTEE:
ETC Canyon Pipeline, LLC
ph P. Barrett _ Arthur Smith
Assistant Secretary Manager 0f Engineering— Projects
Diamond Elk, LLC - March 19, 2008
THE STATE OF COLORADO
COUNTY OF QARFIELD
The foregoing instrument was acknowledged before me this g[. day of /y!g'e 2008, beforeme,:a
notary public, in and for said county and state, personally came the above-named Joseph P. Barrett as Assistant
Secretary of Diamond Elk, LLC who is personally known to me and known to me to be the identical person
whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I
have hereuntoset my hand and affixed my notary seal the day and year above written.
MyCom�/missionExpires: 5/ ( .r_ _` - i�
Rotary Public ' and . r
The Slate of Colorado
THE STATE OF COLORADO
COUNTY OF .t
The foregoing instrument was acknowledged before me this f77 day of 4/704 -e ---E---- , 2008, before me,
a notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering -Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be the
identical person whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS
WHEREOF I have hereunto set my hand and affixed my notary seal the day and yew- above written.
My Commission Expires:f(2 0 (f
Notary Public iand for
The State of Colorado
Diamond Elle, LLC — March 19, 2008
EXHIBIT "A"
PROPOSED PIPELINE ON DIAMOND ELK, LLC PROPERTY
SEC 1 & 12, T. 7 S., R. 95 W., STH P.M.
GARFIELD COUNTY, COLORADO
t__, 1
r'
, �,.. .._:::..--
—... - ,,_, /
Jae i i Lr /r'
6 40(
- ftiL
T r 1r
( �' 606
) l 1V
'--- • 1 1 Ff
•- 1+°
•
'±7585' OF PROPOSED
PIPELINE ON DIAMOND ELK, LLC
t
-- +..n. I,
— l! • � .7./. w
N., l!{
't / I
i�,,,--,f ,I/ ! f`,
ON
_!�- ,__- ms`s 4 . S
LEGEND;
ETC CANYON PROPOSED PIPELINE 7 C ] C 7 C ] C
WILUAMS' 12°0 GAS PIPEUNE & 9"0 WATER LINE 1C C —JC JC
EXISTING CANYON r0 PIPELINE
EOOTAGES:
±7585 L.F. (459.7 RODS) OF PROPOSED PIPEUNE ON DIAMOND ELK. LLC PROPERTY.
N_OLF;
EXHIBIT 'A" IS NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPEUNE AS ACTUALLY
CONSTRUCTED, THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE 15
ACTUALLY LAID- AS SUCH, EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS -BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION 15 COMPLETE -
•
ECLIPSE
surveying
g
1H E THIRD ST SarTE70& RIFLI , co82450
1170J 625.7018
SCALE: 1- = Boo' J ETC CANYON PIPELINE, LLC
1600 Broadway, Suila 1900
Denver. CO 80202
DATE: 02/29/D8
SHEET: 1 of 1
FILE:\DIAMOND ELK EXH
DIAMOND ELK, LLC PROPERTY
EKRIBIT "A" - RECONSTRUCTION PIPELINE EXHIBIT
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 36 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities.
6. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
7. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Diamond Elk, LLC
Joseph P. Barrett
1058 County Road 215
Parachute, CO 81635
GRANTEE:
ETC Canyon Gas Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Diamond Elk, LLC - March 19, 2008
111111111116111 1111111111IIIIIII1111111111111111
693988 03/14/2006 03 43P 81779 P905 N ALSDORF
1 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
RIGHT-OF-WAY AGREEMENT
STATE OF COLORADO
KNOW ALL MEN BY THESE PRESENT
COUNTY OF GARFIELD
That the undersigned, hereinafter called GRANTOR for ten dollars ($10.00) and
other valuable considerations in hand paid, the receipt and sufficiency of which are
hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Canyon Gas
Resource, LLC, whose address is 7400 East Orchard Road, Suite 3025, Englewood, CO
80111, (Hereinafter referred to as GRANTEE), its successors and assigns, the right,
privilege, and easement to survey, clear and excavate along a route, to lay, construct,
operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one
pipeline and appurtenances for the transportation of oil, gas or other substances
transportable by pipeline, together with all other rights necessary or convenient for the
enjoyment of the right, privileges and easement hereby granted, over and along a Right of
Way Easement, described on Exhibit "A", attached hereto and made a part hereof. The
easement shall be twenty seven and one half (27.5) feet in width during the period of
initial construction with an additional ten (10) feet as may be needed. Upon completion
of initial construction, the easement shall revert to, and be limited to, twenty seven and
one half (27.5) feet in width and which easement is on and across the following described
lands in Garfield County, Colorado, to wit:
Township 7 South, Range 95 West, 6th P.M.
Section 11
More particularly described and shown on Exhibit "A" attached hereto and made
a part hereof.
The GRANTEE shall have all of the rights and benefits necessary or convenient
for the full enjoyment or use of the right herein granted, including, but without limiting
the same to the free right of ingress to and egress over and across said lands to and from
said right-of-way and easement and the right from time to time to cut all trees,
undergrowth and other obstructions that, in its judgment, may injure, endanger or
interfere with the use of said pipeline.
GRANTOR hereby reserves the right to use said land in any manner that will not
prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided,
however, that GRANTOR shall not construct, nor permit to be constructed, any house,
building, improvements, or obstructions within the permanent right-of-way, without the
express prior consent of the GRANTEE.
1
1 lIII1111111111111I i1111l1111111111111 Hill 1111!11
693988 03/14/2006 03 43P 81779 P906 M ALSDORF
2 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
The rights herein granted may be assigned in whole or in part and the terms,
conditions and provisions hereof shall extend to and be binding upon the heirs, executors,
administers, personal representatives, successors and assigns, of the parties hereto.
GRANTEE covenants and agrees to indemnify and forever hold harmless the
GRANTOR against each and every claim, demand or cause of action that may be made
or come against him by reason or in any way arising out of any defect, imperfection,
operation, maintenance or construction of said pipeline.
GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to
interfere with cultivation of soil and to perform a one-time grading of construction access
roads upon completion of construction. GRANTEE further agrees to repair all fence
crossings to as good or better than previous condition. The consideration received for
this easement fully compensates GRANTOR for pipeline ROW, damages, and use of
private roads to access the ROW for construction and for pipeline operations and
maintenance in the area described in Exhibit "A".
GRANTOR shall not interfere with the exercise of GRANTEE'S rights by
constructing or permitting to be constructed any permanent structure upon the easement
strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt
from the surface of the easement or impound water over the easement without prior
written approval of GRANTEE.
It is mutually agreed and understood that this Agreement, as written, covers all
agreements and stipulations between the said parties, and no representations or
statements, oral or written, have been made modifying, adding to, or changing the terms
of hereof.
2
1111111111111111111 X1111111111111111111111#1111{1111
693988 03/14/2006 03 43P 81779 P907 M ALSDORF
3 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
IN TESTIMONY WH REOF, the GRANTOR, herein have executed this
conveyance this Z/2 day of ' , 200.
GRANTOR: GRANTEE:
11795 LLC on Gas Resou LLC
Lawrence H. Davis, Manager
THE STATE OF @ice
OKLAHOMA
COUNTY OF CAREDMO[ OKLAHOMA
The foregoing instrument was acknowledged before me this L2 day of
2001P, before me, a notary public, in and for said county and state, perso y came e
above-named 11795,. LLC who is personally known to me and known to me to be the
identical person whose name is affixed to the above instrument to be his voluntary act
and deed.
;.HUI.
s
IN WITNESS WHE$ - 1/Ar yhey
day and year above Britten# 0100152
My Commission Expo
THE STATE OF COLORADO
u .to set my hand and affixed my notary seal the
tbitgAz-
NPublic in and for
The State ofd ak
Oklahoma
COUNTY OF GAELD A+tfi 1-16E—
This
aGEThis LAM day of•• F‘f A-1h(w( , 200k, before rne, a notaR public, in and for said
county and state, personally came the above named Ct.Pr t who is 4 IJ... -�44
personally known to me and who by me duly sworn, did say that he/she -is the DI pfc.crt U, '1
of, , and acknowledge that said
document was signed by him/her in behalf of said corporation by authority of its bylaws.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the
day and year above written.
My Commission Expires: [\ 11 i b f<
AMC HEINEKEN
Nolary Public
Stale of Colorado
3F
1111 %PIM,
Notary Public m and for
The State of Colorado
1111111
693988 03/14/2006 03:43P 81779 P908 M ALSDORF
4 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A"
TEMPORARY PROPERTY EXHIBIT
(11795, LLC)
A permanent easement, being 27.5 feet in width across the following described property located
in Garfield County, Colorado:
A tract of land located in Section 11, T7S, R95W, 6th P.M. more particularly described in
that certain Quitclaim Deed dated September 15, 2004, recorded in Book 1623 Page 184
in the office of the Clerk and Recorder of Garfield County, Colorado.
111111 11111 1111111 111 41 111 1111111111 1111 11111111
693988 03/14/2006 03:43P B1779 P909 M ALSDORF
5 of 6 R 31.00 0 0.00 GARFIELD COUNTY CO
r
140N-
A
44A4ii OW,
d'
DRAWING ISSUED
FOR REVIEW
FOR APPROVAL
FOR R F RENCE
Fart A RMrr
FOR 81
TORR AONBTIRrrr TION
AS
SAS R E 'J O LI R C E 9 . LLG
REVISIONS
CANYON GAS
SOUTH PMACHUTE LOOP
EXHIBIT A
TRACT 11
11795, LLC
482.05 ROOS7953.82 FT GARFIELD, COLORADO
PRELIMINARY
ISSUE
TRIGON
WET
• FNCUNEERINC APN MILLER I REV
• PROCUREMENT• oa{II A
vs1RJC71oN
SHEET I OF 2
1111111 II{l 1111111111 L. 111111111111111111111 IIIA
693988 03/14/2006 03:43P 51779 P910 M ALSDORF
6 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
PROPOSED 12" PIPELINE
EXISf]NG ROW
.074.q•- EXISTING PIPELINE
1 •i •`
-• " f,. f �` / i - EXISTING ROW
27.5'
PROPOSED PERM ROW '^
114
25'
N
PROPOSED TEMP ROW ------- —• — •T • --
PROPOSED TEMP ROW
PROPOSED 12" PIPELINE
PROPOSED PERM ROW
DETAIL 1
i' •
27.5'
DL TAIL 2
25'
r -r EXISTING ROW
1`=-6 i! EXISTING PIPELINE
/ EXISTING ROW
LEGEND
EXISTING ROW
DRAWING ISSUED
FOR REVIEW
FOR RTFP/AL
E
FOR CONST, RUC11ON
QR AS -B IIT
GAS RESOURCES , LLC
REVISIONS
PRELIMINARY
ISSUE
CANYON GAS
SOUTH PARACHUTE LOOP
EXHIBIT A
TRACT 11
11795, LLC
482.05 RODS/7953.82 FT GARFIELD. COLORADO
SCALE: N.T.S.
CL
TRltaii111
•]EP C
• ENQIRING
• PROC REVENT
• CessT uCTif,N
TAN NIh.BER
SNEET2 OF2
RnV.
11111 11111 1111111111 Il 111 11111E10 1111111111111
693989 03/14/2006 03:45P B1779 P911 M ALSDORF
1 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter collectively referred to
as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by CANYON GAS RESOURCES, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 7400 East Orchard Road, Suite 3025, Englewood, CO 80I11, its
successors and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a
route, clear, entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with
appurtenances including, but not limited to, above and below ground valves, cathodic protection equipment,
and pipeline markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and
through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section Township Range
NE1/4 15 7 South 95 West
SE 114 NW 1/4 15 7 South 95 West
This ROW shall be fifteen (15) feet in width, which shall be in addition to and be concurrent with the
existing permanent easement of twenty-five (25) feet agreed to the 9th day of January 2003 by and between
Joseph H., Marian G., John C., and Barbara J. Clem as Grantor and Canyon Gas Resources as Grantee. An
additional twenty-five (25) feet of temporary construction right of way shall be necessary and shall expire
upon completion of construction. Said ROW shall be more specifically identified as a strip of land more fully
described on a pipeline location and dimensional survey map, which shall be attached hereto as Exhibit "A"
and by this reference made a part hereof. Exhibit "A" may be supplemented with the actual "as -built" survey
map, but in no event shall the location of the pipeline materially change from the location shown on the
attached Exhibit "A" without the prior written consent of GRANTOR.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of sarne at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe, and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
1E1 1111111 111 .111111 111 11111E111 11111 11111111
693989 03/14/2006 03:45P 81779 P912 M ALSDORF
2 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this
day of F -d 6r“ar , 2406.
GRANTOR:
By:
Joseph I(.Clem
'd� 4 -7 ''• 11-1'..">1-2t)
Marian Qr. Clem
AS TO AN UNDIVIDED 38/64THS INTEREST
GRANTEE:
Canyon Gas Resources, + LC
By:
non Peters
Director, Engineering and Operations
1111111111111111111111111.11111111111111111111111111
693989 03/14/2006 03:45P B1779 P913 M ALSDORF
3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
By:
John C. em, Jr. INDIVIDUALLY At+iO AS TRUSTEE OF
THE JOHN ► CLEM, JR. LIVING TRUST D TED MARCH 16, 1999
AS TO AN UNDIVIDED 13/64THS INTEREST
411.
A/
Bar. • J. Clem SND U • AND AS TRUSTEE OF
THE ' ARBARA J. CLEM LEVIN° TRUST DATED MARCH 16, 1999
AS 0 AN UNDIVIDED 13/64THS INTEREST
1111111 11111 !DUB i1,,,41 11111111111111111111111111
693989 03/14/2006 03:45P B1779 P914 M ALSDORF
4 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
THE STATE OF COLORADO
COUNTY OF r, ' `. rr-�
The foregoing instrument was acknowledged before me this (-Y day of 2006, before me, a
notary public, in and for said county and state, personally came the above-named Jos- . H. Clem and Marian
G. Clem As TO AN UNDIVIDED 36/64THS LNTEREST who are personally known to me and known to me to be the
identical persons whose names are affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: (,'
THE STATE OF TEXAS
COUNTY OF
AVERIC HEINEKEN
Notary Public
Stain of Colorado
Notary' Public in and for
The State of Colorado
U
The foregoing instrument was acknowledged before me this I day of , 2006, before me, a
notary public, in and for said county and state, personally came the above-na ed John C. Clem, Jr.
INDIVIDUALLY AND AS TRUSTEE OF THE JOHN C. CLEM, JR. LIVING TRUST DATED MARCH 16, 1999 AS TO AN UNDIVIDED
13/64THS INTEREST who is personally known to me and known to me to be the identical person whose name is
affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission
THE STATE OF TEXAS
COUNTY OF 01r` t. ,
The foregoing instrument was acknowledged before me thisi2`day of , 2006, before me, a
notary public, in and for said county and state, personally came the above arced Barbara J. Clem
INDIVIDUALLY AND AS TRUSTEE OF THE BARBARA J. CLEM LIVING TRUST DATED MARCH 16, 1999 AS TO AN UNDIVIDED
13/64THS INTEREST who is personally known to me and known to me to be the identical person whose name is
affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
Pul icinandfor
e ' • to . coiecaae, 7exq 5
My Commission Expires:
and for
O-rexr3
111111111111 11111 111 1111111 1111, .,1111111111111111
693989 03/14/2006 03:45P 61779 P917 M fLSDORF
7 of 10 R 51.00 0 0.00 GARFIELD COUNTY CO
PH15
U15-24
C -W1/1.6 CORNER
SECTION 13
V.S.H•L.M.
ALUM. CAP
C1/4 CORNER}'
SECTION 0.8
AGUE :• (bSP• +
SUCK PkACEMENT IS NOT GUARANTEED 8x,._
AS PHYICAL OSBTRUCTIONS MAY NECESS
THAT THE PROPOSED PIPELINE BE BUM
OF EXISTING LINEkWITHIN ROW LIMITS ../'•
DRAWING
DRAWING ISSUED
x
FOR REVIEW
FOR APPROyAL
FOR REFERENCE
FOR PERMIT
FOR BI0
FOR CONSTRUCTION
EXISTING PlIZ PAD
M-WARREf115-33D Irr, ,C:
-WARREN 15-34
t•
U
PROPOSED PIPELINE SS DRAWNIN BLUE TO41
r, 4
1/14 CORNEA
SEC 15/SEC 14
Ayu��
of TH Oft;_
�RAWIb:IG
THE' NORTI4
r�
' „„.4-
GAS RESOURCES . LLC
FOR AS—BUIL
REVISIONS
PRELIMINARY
ISSUE
EXHIBIT A
TRACT 9
CANYON GAS JOSEPH H. & MARIAN G. CLEM
SOUTH PARACHUTE LOOP 301.78 RODSl4979.45 FT
GARFIELD, COLORADO
SCALE: N.T.S.
CL
6/30165
TRIGON
• ENGINEERING
• PROCUREMENT
• CONSTRUCTION
APNNUMBER
SHEET 1OF2
!111111 11111 1111111 iii 111.. 111 11111 I!I 11111 1111 1111
693989 03/14/2006 03:45P 61779 P918 M ALSDOR
8 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
PROPOSED 12" PIPELINE
PROPOSED PERM ROW
15'
25'
PROPOSED TEMP
LEGEND
EXISTING ROW
EXISTING ROW
EXISTING PIPELINE
EXISTING ROW
x
DRAWING ISSUED
FOR REVIEW
_FOR
RP`EMITROEACE
L
FdR PE
FOR @D
_UDR CQNS'iRUCTION
FOR _DUILT_ .... _
REVISIONS
G A S RESOURCES
LLC
A
A PRELIMINARY
ISSUE
EXHIBIT A
TRACT 9
CANYONGAS JOSEPH H. & MARIAN G. CLEM
SOUTH PARACHUTE LOOP 301.78 RODS/4979.45 FT
GARFIELD, COLORADO
SCALE: N.T.S.
CL
91dQIC)5
• ENGINEERING
• PROCUREMENT
• cCNSTRUCn
APN NUMBER
SHEET 2 OF 2
REV.
A
1111111111! 1E1111111 6111111111111! 11! 11111 11111111
693989 03/14/2006 03:45P B1779 P919 M ALSDORF
9 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
I. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
2. GRANTEE, contractors, subcontractors, agents and/or assigns agree to use only those private roads
approved prior to use by the GRANTOR. All ROW and access roads shall be kept safe and in good
order, and shall at all times be kept free of litter, debris caused as a direct result of GRANTEE'S
activities.
3. Except for norma] and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject Iands. No motor fluids will be disposed of on
the subject lands.
4. GRANTEE shall be libel for any injury to persons, property or livestock caused by incident to the
operations of GRANTEE, its agents, employees, contractors or contractors on the property, or any
extraordinary damages due to spills of hazardous materials, explosions or any other harmful activity
of GRANTEE.
5. All operations shall cease at such time as GRANTOR deems necessary due to weather, ground
conditions or livestock issues. No operations shell be conducted in muddy conditions to minimize
damage to the ground.
6. All gates shall be left as they are found. Gates on the north end of the property may be locked access
must be coordinated with tenants.
7. All open holes, lines and ditches shall be fenced or guarded when people or livestock are present to
prevent loss or damage to individuals or livestock.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with the seed mixture fisted below. The seed mixture shall
be planted in the amounts specified in pounds of pure live seed (PLS) per acre.
Species of Seed Variety Pounds/Acre
Western Wheatgrass Arriba 4
Bluebunch Wheatgrass Secar 3
Thickspike Wheatgrass Critana 3
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any rocks excavated by GRANTEE shall be distributed or disposed of as follows:
Under 6" in diameter — to be scattered on surface of ROW
6" to 18" — to be buried, excess to be hauled off by GRANTEE
Over 18" -. to be placed at road crossings to prevent travel on pipeline ROW, excess to be
hauled off be GRANTEE. GRANTOR shall be consulted as to quality of rock placed at such
crossings.
Large rocks from adjacent BLM lands shall not be placed on GRANTOR'S property without
consent of GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
1 111111 11111 1111111 '6.11111111111111111111111111111111
693989 03/14/2006 03 45P B1779 P920 M ALSDORF
10 of 10 R 51.00 D 0 00 GARFIELD COUNTY CO
13. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Joseph H. Clem
7416 W. Clifton Ave.
Littleton, CO 80128-5609
(303) 973-5368
GRANTEE:
Canyon Gas Resources, LLC
7400 E. Orchard Rd., Suite 3025
Englewood, CO 80111
(303) 220-1757
(303) 222-6206 fax
Tenant:
Randy & Teresa Burdick
2862 CR 310
Parachute, CO 81635-9801
(970) 285-7523
All operations should be coordinated with tenants on a daily basis, or as near as possible.
14. GRANTOR shall be provided on request with a copy of any transfer of ownership of the pipeline or
right-of-way.
15. GRANTEE shall be responsible for coordinating construction activities with tenant and with
providing all necessary notices to Encana Oil and Gas, Public Service Company of Colorado, any
government agencies and any other easement holders affecting this ROW and adjacent surface
owners.
16. GRANTEE shall be responsible for the maintenance of any areas disturbed by GRANTEE during
construction including crossing of Battlement Ditch, Battlement Creek, County Road 302 and any
roads, fences, culverts, gates and /or cattle guards, including any current or latent damages resulting
from construction of the pipeline.
17. Pipeline route shall hug the property line as near as possible along the south line of the southeast
quarter of the northwest quarter (SENW) in section 15. This ROW shall be fifteen (15) feet in width,
which shall be in addition to and be concurrent with the existing permanent easement of twenty-five
(25) feet agreed to the 9th day of January 2003 by and between Joseph H., Marian G., John C., and
Barbara J. Clem as Grantor and Canyon Gas Resources as Grantee. An additional twenty-five (25)
feet of temporary construction right of way shall be necessary and shall expire upon completion of
construction. In other words, the GRANTOR will end up with a 40 -foot total permanent easement.
18. To provide GRANTOR with surveys and plans of the pipeline prior to construction and "as -built"
surveys after construction. The provision of a full and complete "as -built" survey is a material
requirement of this ROW. It shall be the GRANTEE'S responsibility to record necessary documents
in Garfield County, and to provide the GRANTOR with a copy of recorded documents.
19. GRANTEE shall, after twenty four consecutive months of non-use of the pipeline built across, over,
under, and through said ROW, permanently abandon said ROW and remove all related above -ground
facilities constructed thereon. Subsurface facilities constructed thereon shall not be removed;
however, pipeline shall be cut and capped at property boundaries and a reconveyance and release
hereof shall be executed and recorded, whereupon this ROW and all rights and privileges herein
mutually granted shall be fully cancelled and terminated, except when non-use is caused by acts or
circumstances beyond the control of GRANTEE.
1 111111 11111 1111111 Ili 11011111111111111111111111I 1111
693987 03/14/2006 03:39P 81779 P898 M ALSDORF
1 of 7 R 36.00 0 0.00 GARFIELD COUNTY CO
RIGHT OF WAY AND EASEMENT AGREEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter referred to as
GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by CANYON GAS RESOURCES, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 7400 East Orchard Road, Suite 3025, Englewood, CO 80111, its
successors and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a
route, clear, entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with
appurtenances including, but not limited to, above and below ground valves, cathodic protection equipment,
and pipeline markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and
through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section Township Ran
SW1/4 SW1/4 16 7 South 95 West
SEI/4 SE1/4 17 7 South 95 West
This ROW shall be fifteen (15) feet in width, which shall be in addition to and be concurrent with the
existing permanent easement of twenty-five (25) feet agreed to the 256 day of August 2003 by and between
Battlement Mesa Partners as Grantor and Canyon Gas Resources as Grantee. An additional twenty-five (25)
feet of temporary construction right of way shall be necessary and shall expire upon completion of
construction. Said ROW shall be more specifically identified as a strip of land more fully described on a
pipeline location and dimensional survey map, which shall be attached hereto as Exhibit "A" and by this
reference made a part hereof. Exhibit "A" may be supplemented with the actual "as -built" survey map, but in
no event shall the location of the pipeline materially change from the location shown on the attached Exhibit
"A" without the prior written consent of GRANTOR.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe, and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger or interfere with the use of said facilities.
This ROW together with alI rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be
1111111 11111111111} 111.11�iII 11111111111111111111111111
693987 03/14/2006 03:39P 81779 P899 M ALSOORF
2 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this .6
day of 1C6ruji. , 2006.
GRANTOR: GRANTEE:
Battlement Mesa Partners i., L. e .
By:
Thomas Beard
V scs — President and General Manager
Canyon Gas Res. ce LLC
APPY
By:
Brian Peters
Director, Engineering and Operations
Tax ID Number: g y Tax ID Number: g1 - Js Y 0 9 a
111111111141MIME ititil11111111111111111111111 IIII
693987 03/14/2006 03:39P B1779 P900 M ALSDORF
3 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
THE STATE OF COLORADO
COUNTY OF e-)Q.ugy a
The foregoing instrument was acknowledged before me this ' day of .uce t.c-i• , 2006, before me, a
notary public, in and for said county and state, personally came the above-named Thomas Beard as.I esidanS- VP
and General Manager for Battlement Mesa Partners who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
cui alo, aoait
Notary Public in and fqt
The State of Colorado
ff
ms,0. SN/ 6/'i
.� RR........ QFC
co ()TAR
THE STATE OF COLORADO
COUNTY OF N(?� fP'li
The foregoing instnunent was acknowledged before me this kUPday ofri-("t' '`' 2006, before me, a
notary public, in and for said county and state, personally came the above-named Brian Peters as Director,
Engineering and Operations for Canyon Gas Resources, LLC who is personally known to me and known to
me to be the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written. 1
My Commission Expires: L \1 \ 0r
AVERIC HEINEKEN
Notary Public
Sfate of Co o odo
Notary Public in and for
The State of Colorado
1111111111111111111 Ihi id 01 111111111111111 11111111
693987 03/14/2006 03:39P B1779 P901 M RLSDORF
4 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
EXHIBIT "A" - PRECONSTRUCTION PIPELINE EXHIBIT
111111 11111 1111111 IF 1111111 111 J11111111111111111
693987 03/14/2006 03:39P 81779 P902 M ALSOORF
5 of 7 R 36.00 0 0.00 GARFIELD COUNTY CO
r
pJ
nm.
•
r
1
ET 2
C7)
IPi
wr
rA
SEF SWEET 2
DETAIL 2
L
V*. ".!\
•
DRAWING ISSUED
60R REVIEW
FOR APPRQV0L
FOR REFERENCE
FOR PERMR
FOR eiu
FOR CONSTRUCTION
G. A 5 R C 5 O U R C E '. LLC
FOR AS -BUILT
REVISIONS
A
PRELIMINARY
Issur
EXHIBIT A
TRACT 7
CANYON GAS BATTLEMENT MESA PARTERS
SOUTH PARACHUTE LOOP 159.45 RODS/2630.88 FT
SCE- N T_$ CL.
9f3Oi05
GARFIELD, COLORADO
TRIGON
• ENGINEERING
• PROCUREMENT j!I
• CON57RUcnON
!FN IIU[{R
SHEET 1 OF 2
REV
... 11111111111111111(1111 k„I � 1I 1111011111111111111111111 .�
693987 03/14/2006 03139P 61779 P903 M ALSDORF
6 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO
PROPOSED TUA
PROPOSED PERM ROW
PROPOSED 12" PIPELINE
PROPOSED PERM ROW
PROPOSED TEMP ROW
2.5'
M EXISTING ROW
MY
15' 25'
EXISTING PIPELINE
M — EXISTING ROW
25'
PROPOSED TEMP ROW —
PROPOSED PERM ROW
PROPOSED 12" PIPELINE
PROPOSED PERM ROW
L_6.2'
10'
DETAIL 1
25'
V.
15' 25'
--1f---rr— ,,---# 1,—
r
•. •� "• EXISTING ROW
v-- p-.rr- te-m- m--Ao - o- ly--, —m—,y - EXISTING PIPELINE
v.
•• •• *• EXISTING ROW
DETAIL 2
DRAWING ISSUED
X F0FTREVIEW
FOR APPROVAL
FoR
FOFERMNCE
FOR BID
1
FORONSTRUCTION
FOR A$ -BUILT
5ARESOURCES , LLC
REVISIONS
PRELIMINARY
ISSUE
EXHIBIT A
TRACT 7
CANYON GAS BATTLEMENT MESA PARTERS
SOUTH PARACHUTE LOOP 159.45 RODS/2630.88 FT
GARFIELD. COLORADO
SCALE: M T.S.
TRIGON
O EPC
• ENI VEERING
• PROLYIR€MENT
• COIST UC71ON
MN TAME i
SHEET 2 OF 2
REV,
A
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary a pipeline of 24 -inches in diameter
or less with appurtenances including below ground valves, cathodic protection equipment which shall be
installed at fence or property lines wherever possible, and pipeline markers, with any additional above ground
appurtenances to be approved in writing by GRANTOR, hereinafter sometimes collectively referred to as the
facilities , across, over, under, and through the lands of GRANTOR in the County of Garfield, State of
Colorado, to wit:
Subdivision Section Township Range
EI/2 NE1/4 20 7S 95W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe not to exceed 24 -inches in diameter, and the right to cut all trees,
undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of
said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road reservoir, excavation, obstruction or structure shall be
Payton, A. & W. 2/20/2008
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRAN IT.E. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against hire by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IffiESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this S
day of,2008.
GRANTOR:
By: l/6 -00_.
Wayne Payton
GRANTEE:
ETC Canyon Pipeline, LLC
_
By:
Arthur Smith
Manager of Engineering - Projects
Payton, A. & W. 2/20/2008
THE STATE OF COLORADO
COUNTY OF Cox t z I
The foregoing instrument was acknowledged before me this day of Katrc , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Alberta Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
3-23-2'0
THE STATE OF COLORADO
COUNTY OF C r 4e L
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged before me this Vday of Mg , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Wayne Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: 3 — 2 3 - 2v /0
THE STATE OF COLORADO
COUNTY OF 'M
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged before me this Z day of 1 LE , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: l (-10 0
otary Public in and for
The State of Colorado
My Commission Expires 12/0112009
Payton, A. & W. 2/20/2008
EXHIBIT "A"
PROPOSED PIPELINE ON ALBERTA & WAYNE PAYTON PROPERTY
SEC 20, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
.'''' ±3363' OF PROPOSED PIPELINE
ON ALBERTA & WAYNE PAYTON
r v
FOOTAGES:
±3363 L.F. (203.8 RODS) OF PROPOSED PIPELINE ON ALBERTA & WAYNE PAYTON PROPERTY.
NOTE:
EXHIBIT "A" 15 NOT INTENDED TO SHOW THE FINAL LOCATION DF THE ROW OR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED DN WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH. EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS—BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION 15 COMPLETE.
ECLIPSE
surveying
71 f E THIRD ST, SUITE 208, RIFLE CO 81650
970 625-3048
SCALE: 1" = 800•
DATE: 01/09/08
ETC CANYON PIPELINE, LLC
1600 8roodway, Su ie 1900
Deaver. CO 80202
SHEET: 1 of
FILE:\PAYTON EXH.DWG
ALBERTA & WAYNE PAYTON PROPERTY
EXHIBIT "A" — PRECONSTRLFCTION PIPELINE EXHIBIT
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 48 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities. All roads used for construction
of the pipeline will be restored to original or better condition.
6. All trees will be salvaged and stacked along the ROW as directed by property owner's representative.
All related brush and debris shall be removed from property.
7. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
8. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
9. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
10. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
11. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
12. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
13. GRANTEE is responsible to locate all underground utilities prior to construction.
14. GRANTEE'S ROW shall only be used for GRANTEE"S oil and gas operations.
15. GRANTEE shall compact and grade in irrigated fields to historical irrigation patterns.
16. GRANTEE will not interfere by restricting GRANTORS rights to cross pipeline with access roads
and utilities except where there are legal or safety issues.
17. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
18. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
19. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Alberta and Wayne Payton
702 County Road 303
Rifle, CO 8I635
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Payton, A. & W. 2/20/2008
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter refeiTed to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair AMOCO as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline
markers hereinafter sometimes collectively referred to as the facilities, across, over, under, and through the
lands of GRANTOR in the County of Garfield, State of Colorado, to wit:
Subdivision Section Township Ram
NEI/4 SE1/4 20 7S 95W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removaLt<Plitgaifte at will, either in whole or in part,
legitzititft) k 0r neer 94- and the right to cut all trees, undergrowth, and other obstructions that, in
its judgment, may injure, endanger or interfere with the use of said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and al] rights and privileges herein mutually granted shall be fully cancelled and terminated.
.kF1
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities an&, esX reservoir, excavation, obstruction or structure shall be C
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
Savage et. al. 2/2912008
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents, represents,46clArmeadttct at he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "13", which
shall be attached hereto and by this reference made a part hereof.
IN TE TIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this 2
day of /if , 2008.
GRANTOR:
By:
By.
n L Savage
hn W. Sava
By: ---
Roy g. Savage
By:
Marshall T. Savage
By:
Daniel W. Savage
GRANTEE:
ETC Canyon Pipe e, LLC
lur mit
Manager of Engineering - Projects
Savage et. al. 2/2912008
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this --.2
day of , 2008.
GRANTOR:
ri 1 /,r_5
GRANTEE:
ETC Canyon Pi
By: By:
Joan L Savage hur Smith
Manager of Engineering - Projects
JLLC
By:
John W. Savage
By:
Roy E. Savage
By:
By:
Marshall T. Savage
( l.!L �GA
Daniel W. Savage
Savage et. al. 2/29/2008
THE STATE OF COLORADO/
COUNTY OF ClA'�(^, e 1 (1
The foregoing instrument was acknowledged before me thisday of !i Ait(1-j
notary public, in and for said county and state, personally carne the above-named
personally known to me and known to me to be the identical person whose name
instrument to be his voluntary act and deed.
EN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal
written, 1.1)
"" 1
My Commission Expires: tO;11 ; . 1
THE STATE OF COLORADO
COUNTY OF Cp et 1R (AA f j
The foregoing instrument was acknowledged before me this) day of , 2008, before me, a
notary public, in and for said county and state, personally came the above-named John W. Savage who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
, 2008, before me, a
Joan L. Savage who is
is affixed to the above
the day and year above
Notary
The St
My Commission Expires:
1)
11
THE STATE OF COLORADO
COUNTY OF 60 In rt r" Ii
The foregoing instrument was acknowledged before me this 1 day of , 2008, before me, a
notary public, in and for said county and state, personally carne the above-named Roy E. Savage who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
Notary P b is
The State of
My Commission Expires:
1)
1!
Notary Pu. i in an
The State of Colora
Sava
ja=detA0
THE STATE OF ceeeRAntr
COUNTY OF Kcc>C.“_
The foregoing instrument was acknowledged before me this /tl 4day of Y r LCItA C k , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Marshall T. Savage who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
4- 1-
i
: "LA
\�O l�TA.R the Stateof Public in
4 )
THE STATE OF COLORADO
COUNTY OF c)ienteir
The foregoing instrument was acknowledged before me this/My of "Mat , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Daniel W. Savage who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: 0
2010
NOTARY PUBLIC
STATE OF COLORADO
EMILY M. NELSON
THE STATE OF COLORADO
COUNTY OF Ihso, L �'
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged before me this Za day of { , 2008, before me, a
notary public, in and for said county and state, personally came the above-na ed Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary seal tday and year above
written.
My Commission Expires: / - - 100
My Commission Expires 12/01/2009
Notary Public in and for
The State of Colorado
Savage et. al. 2/29/2008
EXHIBIT "A"
PROPOSED PIPELINE ON JOAN L. SAVAGE, et al PROPERTY
SEC 20, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
,,,„,
..." ......
c------/
1 .-- -\,,,,-"' —\''\'‘.1. i ( \A,'•—•' ."-k-,
±72Or PROPOSED PIPELINE'
-""--...,ON JOAN L. SAVAGE, et of .....----..‘ ..
•-...../
FOOTAGES:
±72 L.F. (4.4 RODS) OF PROPOSED PIPELINE ON JOAN L. SAVAGE, et at PROPERTY.
NOTE:
EXHIBIT -A" IS NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH, EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS -BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
ECLIPSE
surveying
111 E. THIRD $T.,SIJITE 20E RIFLE, C081850
{570) 8254048
SCALE: 1" = 800'
DATE: 01 /09/08
ETC CANYON PIPELINE, LLC
1600 Broadway, Suitt '1900
BMW. CO 80202
SHEET: 1 of 1
FILE:\SAVACE et al EXH
JOAN L. SAVAGE, et al PROPERTY
EXHIBIT "A" - PRECONSTRUCTION PIPELINE EXHIBIT
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 36 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition,
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities.
6. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
7. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
9. GRANTEE shall seed all disrupted areas with either ELM seed mix, or the seed-type(s) selected by
GRANTOR.
10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
11. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
14. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Joan L., John W., Roy E., Marshall T. and Daniel W. Savage
P.O. Box 1926
Rifle, CO 81650
GRANTEE:
ETC Canyon Gas Pipeline, LLC
I600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Savage et. al. 2/29/2008
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary a pipeline of 24 -inches in diameter
or less with appurtenances including below ground valves, cathodic protection equipment which shall be
installed at fence or property lines wherever possible, and pipeline markers, with any additional above ground
appurtenances to be approved in writing by GRANTOR, hereinafter sometimes collectively referred to as the
facilities , across, over, under, and through the lands of GRANTOR in the County of Garfield, State of
Colorado, to wit:
Subdivision Section Township Range
NW1/4 SE1/4 20 7S 95W
N1/2 SW1/4 20 7S 95W
SW1/4 SW1/4 20 7S 95W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe not to exceed 24 -inches in diameter, and the right to cut all trees,
undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of
said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
Payton, etal. 3/4/2008
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN_ ESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this 3
day of flaiCL ,i,, 2008.
GRANTOR:
By:
By:
By:
Alberta R. Payton
A
Rand
Payton
Ann Williams
GRANTEE:
ETC Canyon Pipeline, LLC
By:
Arthur Smith
Manager of Engineering - Projects
Payton, etal. 3/4/2008
THE STATE OF COLORADO
COUNTY OF Gar - t �d
The foregoing instrument was acknowledged before me this Q day of ///Aire: tTh , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Alberta R. Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
3 23- 2_0/0
THE STATE OF COLORADO
COUNTY OF f6lri,
h.a„,)
,61/1/V4 -
Notary Public in and for //
The State of Colorado
The foregoing instrument was acknowledged before me this(, .-)da of i 1' (, me, a
'� y l." (� � �f 1 2008, before
notary public, in and for said county and state, personally came the above-named Rand W. Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
M Commission Expires: My Commission Expires 08/23/2011
Y P 10367 Federal Blvd.
Westminster, CO 80260
Notaxy P li' 4 and for
The State o olorado
THE STATE OF COLORADO
r1
COUNTY OF g c i- e i�
The foregoing instrument was acknowledged before me this day of
notary public, in and for said county and state, personally came the
personally known to me and known to me to be the identical person
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affid
written.
1) l U d
My Commission Expires: ;3 Y 2 ~ Zy
M4 it c - k __ , 2008, before me, a
above-named Ann Williams who is
whose name is affixed to the above
notary seal the day and year above
4t
Notary Public in and for
The State of Colorado
Payton, etal. 3/4/2008
THE STATE OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
Notary Public in and for
The State of Colorado
Payton, etal. 3/4/2008
EXHIBIT "A"
PROPOSED PIPELINE ON ALBERTA R. & RAND W. PAYTON & ANN WILLIAMS PROPERTY
SEC 20, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
#6868' OF PROPOSED PIPELINE
ON ALBERTA R. PAYTON, et al
FOOTAGES:
#6868 L.F. (416.2 RODS) OE PROPOSED PIPELINE ON ALBERTA R. PAYTON, et al PROPERTY.
NOTE;
EXHIBIT "A" 1S NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW DR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH. EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS—BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
�
, ECLIPSE
surveying
711 E. THIRD ST., SUITE 208. RIFLE, C081650
(970) 6259048
SCALE: 1" = 800'
DATE: 01/09/08
ETC CANYON PIPELINE, LLC
1600 Broadway, Suite 100
Denver, CO 80202
SHEET: 1 of 1
FILE:\A PAYTON EXH.DWG
ALBERTA R. PAYTON, et al PROPERTY
EXHIBIT "A" — PRECONSTRUCTION PIPELINE EXHIBIT
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 48 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities. All roads used for construction
of the pipeline will be restored to original or better condition.
6. All trees will be salvaged and stacked along the ROW as directed by property owner's representative.
All related brush and debris shall be removed from property.
7. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
8. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
9. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
10. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
11. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
12. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
13. GRANTEE is responsible to locate all underground utilities prior to construction.
14. GRANTEE'S ROW shall only be used for GRANTEE"S oil and gas operations.
15. GRANTEE shall compact and grade in irrigated fields to historical irrigation patterns.
16. GRANTEE will not interfere by restricting GRANTORS rights to cross pipeline with access roads
and utilities except where there are legal or safety issues.
17. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
18. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
19. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Alberta and Rand Payton and Ann Williams
702 County Road 303
Rifle, CO 81635
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Payton, etal. 3/4/2008
PAYMENT AGREEMENT d
This Payment Agreement, hereinafter referred to as Agreement is made and entered into this Q
day of orc , 2008, by and between Alberta Payton and Wayne Payton, as GRANTOR, and ETC
Canyon Pipeline, LLC, as GRANTEE.
WHEREAS, for good and valuable consideration GRANTOR has granted to GRANTEE the right to
construct facilities under the attached Right of Way and Easement.
NOW THEREFORE, GRANTEE agrees to pay GRANTOR a payment of $9.00/foot for a Right of
Way and Easement estimated to be 6868 feet to fully compensate GRANTOR for all rights granted under the
attached Right of Way and Easement, as well as surface damages resulting from construction of the facilities,
for a total payment of $61,812.00.
This Agreement shall not be recorded by either party. In addition, GRANTOR agrees to hold the
terms of this Agreement confidential and to not disclose the terms or provide copies of this Agreement to any
third party, without prior written consent of GRANTEE. Either party may disclose this Agreement and its
terms to the extent required by a court of competent jurisdiction.
Any distribution to tenants, heirs, creditors or others will be made at GRANTOR'S sole discretion
EXECUTED the date first written above.
GRANTOR: GRANTEE:
By:�-f: [sem �(-d;k1
Al erta R. Payton
Tax ID Number:
^3-:t fZ.4Y//
By: li�J 1j
Rand . Payton
Tax ID Number:
By:
Ann Williams
Tax ID Number:
ETC Canyon Pipeline, LLC
By: --
Arthur Smith
Manager of Engineering - Projects
Payton, eta/. 3/4/2008
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, -bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary a pipeline of 24 -inches in diameter
or less with appurtenances including below ground valves, cathodic protection equipment which shall be
installed at fence or property lines wherever possible, and pipeline markers, with any additional above ground
appurtenances to be approved in writing by GRANTOR, hereinafter sometimes collectively referred to as the
facilities , across, over, under, and through the lands of GRANTOR in the County of Garfield, State of
Colorado, to wit:
Subdivision Section Township Range
El/2 NE1/4 20 7S 95W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction. Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended to
show the final Iocation of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe not to exceed 24 -inches in diameter, and the right to cut all trees,
undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of
said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road reservoir, excavation, obstruction or structure shall be
Payton, A. & W. 2/20/2008
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
INJ ESTIM9NY WHEREOF, the GRANTOR, herein have executed this conveyance this t3
day of �a 11 C V , 2008.
GRANTOR: GRANTEE:
By:
BY: k)
Wayne Payton
ETC Canyon Pipeline, LLC
By:
Arthur Smith
Manager of Engineering - Projects
Payton, A. & W. 2/20/2008
THE STATE OF COLORADO
COUNTY OF a( -A ` 1-e:-\
The foregoing instrument was acknowledged before me this day of r a`re t) , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Alberta Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
3 200
THE STATE OF COLORADO
COUNTY OF e761 e
_,e444.2,
aeAv
Notary Public in and for el
The State of Colorado
The foregoing instrument was acknowledged before me this Vday of Mr/, (c' , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Wayne Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires: 3 - 2 3 — 2v 10
THE STATE OF COLORADO
COUNTY OF
Ivaa,J
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged before me this day of , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
Notary Public in and for
The State of Colorado
Payton, A. & W. 2/20/2008
1
EXHIBIT "A"
PROPOSED PIPELINE ON ALBERTA & WAYNE PAYTON PROPERTY
SEC 20, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
±3353' OF PROPOSED PIPELINE
ON ALBERTA & WAYNE PAYTON
f
FOOTAGES:
±3363 L.F. (2018 RODS) OF PROPOSED PIPELINE ON ALBERTA & WAYNE PAYTON PROPERTY.
NOTE:
EXHIBIT "A" 15 NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPELINE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCATION OF THE ROW WILL BE DETERMINED BASED ON WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH, EXHIBIT "A" SHALL BE SUPPLEMENTED WITH AN AS—BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
i
111 E. THIRD ST., SUITE 208, RIFLE, C081650
(970) 625.3048
�
, ECLIPSE
surveying
SCALE: 1 " = 800'
DATE: 01/09/08
ETC CANYON PIPELINE, LLC
1600 Broadway, Suite 1900
Denver. CO 80202
SHEET: 1 of 1
FILE:\PAYTON EXH.DWG
ALBERTA & WAYNE PAYTON PROPERTY
EXHIBIT "A" — PRECONSTRUCTION PIPELINE EXHIEIT
EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minimum of 48 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities. All roads used for construction
of the pipeline will be restored to original or better condition.
6. All trees will be salvaged and stacked along the ROW as directed by property owner's representative.
All related brush and debris shall be removed from property.
7. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
8. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
9. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
10. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
11. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
12. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR.
13. GRANTEE is responsible to locate all underground utilities prior to construction.
14. GRANTEE'S ROW shall only be used for GRANTEE"S oil and gas operations.
15. GRANTEE shall compact and grade in irrigated fields to historical irrigation patterns.
16. GRANTEE will not interfere by restricting GRANTORS rights to cross pipeline with access roads
and utilities except where there are legal or safety issues.
17. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
18. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
19. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Alberta and Wayne Payton
702 County Road 303
Rifle, CO 81635
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Payton, A. & W. 2/20/2008
PAYMENT AGREEMENT
This Paynent Agreement, hereinafter referred to as Agreement is made and entered into this
day of f')q (c , 2008, by and between Alberta Payton and Wayne Payton, as GRANTOR, and ETC
Canyon Pipeline, LLC, as GRANTEE.
WHEREAS, for good and valuable consideration GRANTOR has granted to GRANTEE the right to
construct facilities under the attached Right of Way and Easement.
NOW THEREFORE, GRANTEE agrees to pay GRANTOR a payment of $9.00/foot for a Right of
Way and Easement estimated to be 3363 feet to fully compensate GRANTOR for all rights granted under the
attached Right of Way and Easement, as well as surface damages resulting from construction of the facilities,
for a total payment of $30,267.00.
This Agreement shall not be recorded by either party. In addition, GRANTOR agrees to hold the
terms of this Agreement confidential and to not disclose the terms or provide copies of this Agreement to any
third party, without prior written consent of GRANTEE. Either party may disclose this Agreement and its
terms to the extent required by a court of competent jurisdiction.
Any distribution to tenants, heirs, creditors or others will be made at GRANTOR'S sole discretion
EXECUTED the date first written above.
GRANTOR: GRANTEE:
By;
A .erta Payton
Tax ID Number;
—J 03.
Wayne Payton
Tax ID Number: 6 6 -3 +3 I,
ETC Canyon Pipeline, LLC
By:
Arthur Smith
Manager of Engineering - Projects
Payton, A. & W. 2/20/2008
RIGHT OF WAY AND EASEMENT
STATE OF COLORADO
COUNTY OF GARFIELD
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred
to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey
unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors
and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear,
entrench, construct, maintain, operate, and repair and replace as necessary a pipeline of 24 -inches in diameter
or less with appurtenances including below ground valves, cathodic protection equipment which shall be
installed at fence or property lines wherever possible, and pipeline markers, with any additional above ground
appurtenances to be approved in writing by GRANTOR, hereinafter sometimes collectively referred to as the
facilities , across, over, under, and through the lands of GRANTOR in the County of Garfield, State of
Colorado, to wit:
Subdivision Section Township Range
NW1/4 SE1/4 20 7S 95W
N1/2 SW1/4 20 7S 95W
SW1/4 SW1/4 20 7S 95W
This ROW shall be thirty (30) feet in width. An additional thirty (30) feet of temporary construction
ROW shall be necessary and shall expire upon completion of construction_ Said ROW located on the above
described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit
"A", which shall be attached hereto and by this reference made a part hereof: Exhibit "A" is not intended to
show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will
be determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with
As -Built Pipeline Exhibit after construction is complete.
This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and
from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and
the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline
with either like or different size pipe not to exceed 24 -inches in diameter, and the right to cut all trees,
undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of
said facilities.
This ROW together with all rights herein granted shall be covenants running with the land and be
binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives,
successors, and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms
hereunder.
GRANTEE may, at any time, and upon permanent abandonment of said ROW and removal of all
improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this
ROW and all rights and privileges herein mutually granted shall be fully cancelled and terminated.
Payton, etal. 3/4/2008
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes
herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface
rights hereunder or disturb its facilities and no road reservoir, excavation, obstruction or structure shall be
constructed nor be permitted for construction, created or maintained on, over, along or within said ROW
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise
remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against
each and every claim, demand or cause of action that may be made or come against him by reason or in any
way arising out of any defect, imperfection, operation, maintenance or construction of said. facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR
for all rights herein granted, as well as surface damages resulting from construction of the facilities.
GRANTOR represents and warrants that he is the owner in fee simple of the land herein described,
subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by
GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any
mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto.
It is hereby understood that the parties securing this grant on behalf of GRANTEE are without
authority to make any covenant or agreement not herein expressed and this ROW, as written, covers alI
agreements and stipulations, between the said parties, and no representations or statements, oral or written,
have been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which
shall be attached hereto and by this reference made a part hereof.
IN ` ESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this ? 1L
day of fi Ai Oft. ,, 2008.
GRANTOR:
By:
By:
Alberta R. Payton
Rand
. Payton
By kistxx
Ann Williams
GRANTEE:
ETC Canyon peline, LLC
By:
Arthur Smith
Manager of Engineering - Projects
Payton, etal. 3/4/2008
THE STATE OFCOLORADO
COUNTY OF v U tr 2 id
The foregoing instrument was acknowledged before me this p day of m(JEI(C I , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Alberta R. Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission Expires:
3- 23`"zoo
THE STATE OF COLORADO
COUNTY OF Ada- WS
Notary Public in and for
The State of Colorado
The foregoing instrument was acknowledged before me this i3) day of } DX(. , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Rand W. Payton who is
personally known to me and known to me to be the identical person whose name is affixed to the above.
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written.
My Commission
My Comrnissian Expires 08/23/2011
ires: 10367 Fcderdi Bhri.
Westminster, CO 80260
THE STATE OFCOLORADO
/
COUNTY OF t? (Ar -0)
Notary . s; ►: ' and for
The State o .lorado
The foregoing instrument was acknowledged before me this day of
notary public, in and for said county and state, personally came the
personally known to me and known to me to be the identical person
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand an
written.
My Commission Expires: 3 _ 2g r 20 /0
Ma a Y , 2008, before me, a
above-named Ann Williams who is
whose name is affixed to the above
eal the day and year above
Notary Public in and for
The State of Colorado
Payton, etal. 3/4/2408
THE STATE OF COLORADO
COUNTY OFv ei
The foregoing instrument was acknowledged before me this 2- day of 4pt t \ , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of
Engineering — Projects for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be
the identical person whose name is affixed to the above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above
written. /I
My Commission Expires: IZ r -zoo 7
Af,d-
My
Commission Expires 1710112009
Notary Public in and for
The State of Colorado
Payton, etal. 3/4/2008
EXHIBIT "A"
PROPOSED PIPELINE ON ALBERTA R. & RAND W. PAYTON & ANN WILLIAMS PROPERTY
SEC 20, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
FOOTAGES:
*6868 LI_ (416.2 RODS) OF PROPOSED PIPEUNE ON ALBERTA R. PAYTON, et al PROPERTY.
NOTE:
EXHIBIT "A" 15 NOT INTENDED TO SHOW THE FINAL LOCATION OF THE ROW OR PIPEUNE AS ACTUALLY
CONSTRUCTED. THE ACTUAL LOCA TI ON OF THE ROW WILL BE DE TERM INED BASED ON WHERE THE PIPELINE IS
ACTUALLY LAID. AS SUCH. EXHIBIT 'A" SHALL BE SUPPLEMENTED WITH AN AS—BUILT PIPELINE EXHIBIT
AFTER CONSTRUCTION IS COMPLETE.
IL ECLIPSE
:"Wrc sun/eying
111 E THIRD ST, SU17E 208, RIFLE CO 81850
070) 825-3048
SCALE: 1 = 800'
DATE: 01/09/08
ETC CANYON PIPELINE, LLC
1 600 Broad way. Su;te 1900
Denver, CO 80202
SHEET: 1 of 1
FILE:\A PAYTON EXH.DWG
ALBERTA R. PAYTON, et al PROPERTY
=MIT "A" - PRECONSTRUCTION PIPELINE EXEUNT
EIIBIT "B" -- LANDOWNER SPECIFIC STIPULATIONS
GRANTEE agrees to the following stipulations:
1. Bury all pipe to a minim' um. of 48 -inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good or better than previous condition.
3. Cease construction operations in excessively muddy conditions.
4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or
placed in the ROW.
5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of
litter and debris caused as a direct result of GRANTEE'S activities. All roads used for construction
of the pipeline will be restored to original or better condition.
6. All trees will be salvaged and stacked along the ROW as directed by property owner's representative.
All related brush and debris shall be removed from property.
7. Except for normal and routine maintenance and repair during construction activities, no construction
equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on
the subject lands.
8. All gates shall be left as they are found. Access must be coordinated with tenants, if any.
9. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time.
10. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by
GRANTOR.
11. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the
term of this ROW.
12. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall be distributed or
disposed of by GRANTEE as directed by GRANTOR
13. GRANTEE is responsible to locate all underground utilities prior to construction.
14. GRANTEE'S ROW shall only be used for GRANTEE"S oil and gas operations.
15. GRANTEE shall compact and grade in irrigated fields to historical irrigation patterns.
16. GRANTEE will not interfere by restricting GRANTORS rights to cross pipeline with access roads
and utilities except where there are legal or safety issues.
17. The ROW shall be returned to the original topography, to the extent feasible, so that there are no
permanent mounds, ridges, sinks or trenches.
18. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible.
19. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed
in writing and mailed to:
GRANTOR:
Alberta and Rand Payton and Ann Williams
702 County Road 303
Rifle, CO 81635
GRANTEE:
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, Colorado 80202
(720) 225-4000
Payton, etaL 3/4/2008
RIGHT-OF-WAY EASEMENT
FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration, in hand paid to EnCana Oil & Gas (USA) Inc., (hereinafter referred to
as GRANTOR), the receipt and sufficiency of which is hereby acknowledged, whose mailing address is 370
17th Street, Suite 1700, Denver, Colorado 80202 does hereby grant unto ETC Canyon Pipeline, LLC,
whose mailing address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, (hereinafter referred to as
GRANTEE), its successors and assigns, an easement, thirty (30) feet in width, for the purpose at any time
and from time to time to lay, locate, construct, maintain, inspect, alter, repair, operate, protect, change the size
of, replace, relocate, mark, remove and/or abandon in place, one (1) pipeline and appurtenances, equipment
and facilities useful or incidental thereto, including valves, corrosion control equipment, and pipeline markers
as may be necessary or convenient, for the transportation of natural gas, petroleum, petroleum products and
derivatives thereof and any other liquids, gases, or substances which can be transported through pipelines,
upon and along a route to be selected by GRANTEE on, over, across and through lands owned by
GRANTOR, or in which GRANTOR has an interest, situated in Garfield County, Colorado described as
follows:
Township 7 South, Range 96 West, 6th P.M.
Section 36: NE/4SW/4, SE/4NW/4, S/2NE/4
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. During the initial instillation, GRANTEE shall have the right to locate above -ground appurtenances
including valves, corrosion control equipment, and pipeline markers on any part of the easement area without
the prior written approval of the GRANTOR; however, GRANTEE shall have no right to locate any
additional permanent surface installation on any part of the easement area, without the prior written approval
of the GRANTOR, which approval is separate from and in addition to any rights granted in this Agreement.
2. GRANTEE shall install their pipeline a minimum of fifteen (15) feet from the centerline of GRANTOR's
existing pipelines.
3. GRANTEE will contact GRANTOR seventy-two (72) hours before initiating any pipeline construction,
replacement, substitution, relocation, or removal activities permitted in this Agreement.
4. GRANTEE agrees to salvage, store, and replace topsoil in accordance with standard BLM topsoiling
procedures. GRANTEE further agrees that vegetation will be salvaged and disposed of in accordance with
standard BLM procedures. GRANTEE will install temporary livestock crossovers (trench plugs), with ramps
on either side of the open trench, at well-defined livestock and wildlife trails to facilitate passage of livestock
and wildlife and to prevent animals from becoming trapped in the trench. Stones will be removed to match
off -easement conditions. GRANTEE agrees to insure that the easement area will be left free of any holes,
piles of dirt, or excess stones. GRANTEE agrees to restore the easement area to original condition, contours,
and drainage patterns or as near thereto as practicable, and to reseed with standard BLM seed mixes. Prior to
seeding, the seedbed shall be scarified and left with a rough surface and final seedbed preparation shall
consist of contour cultivating to a depth of four (4) to six (6) inches within twenty-four (24) hours prior to
seeding. Best management practices (BMPs) will be utilized to prevent erosion and sedimentation in the
easement area and GRANTEE shall continue to reseed and maintain BMPs until the easement area
has successfully reestablished self-sustaining vegetation. GRANTEE shall spray all areas affected by
construction to control noxious weeds for a period of no less than three growing seasons following the
installation of the pipe.
5. GRANTEE shall bury its pipeline and subsurface facilities to provide a minimum of forty-eight (48)
inches between the top of the pipeline and facilities and the surface ground level, except in those areas where
rock is encountered that would otherwise require blasting, in which case, the facilities shall be buried a
minimum of eighteen (18) inches below the ground surface.
6. Where GRANTEE's trenching operations parallel or cross existing underground facilities such as
pipelines and cables, etc., the GRANTEE shall ensure that no damage occurs to these facilities. The
GRANTEE shall exercise due diligence in locating foreign utility line crossings and shall notify the owner
prior to any trenching activity in the vicinity of the crossings. The GRANTEE shall give proper notification
to the authorities having jurisdiction over such facilities prior to the commencement of the GRANTEE's
trenching or boring at these Locations and the GRANTEE's excavation for these crossings shall be governed
by the requirements of that authority. The GRANTEE shall, with permission from the authority, locate and
expose such underground facilities by hand excavation or utilizing hydro -vac equipment prior to performing
any machine excavation near the facility. Authorities may require their facilities to be exposed by their own
employees prior to commencement of the GRANTEE's trenching or boring near their facilities.
7. GRANTEE shall develop a detailed Foreign Utility Crossing and Daylighting Procedure for review and
acceptance by the GRANTOR, fourteen (14) days prior to undertaking a foreign crossing or starting work in
areas where the pipeline parallels existing pipelines. GRANTOR must accept or reject said procedure within
(7) days of receipt. GRANTOR acceptance of the Foreign Utility Crossing and Day Lighting Procedure
shall not relieve the GRANTEE for liability or harmful consequences of its crossing operations.
8. After the buried facility has been located and exposed by probing, hydro-vacing and/or hand digging,
machine trenching shall proceed in accordance with the precautionary measures specified in GRANTEE's
Foreign Utility Crossing and Daylighting Procedure. Where subsequent excavations become necessary, e.g.,
for tie-ins or to remedy trench cave-ins, all of the requirements specified above shall be adhered to.
The GRANTEE shall install the pipeline across the existing facility such that a minimum clearance of
twenty-four (24) inches or the requirements of the foreign utility is maintained between the facility and the
pipeline.
9. Where the GRANTEE is required to cut or disconnect any underground facilities crossed during
trenching, the GRANTEE shall restore or replace all affected facilities as directed by the appropriate
authority or to the satisfaction of the GRANTOR. If construction damage occurs to water pipelines, the
water pipeline will be repaired to the owner's satisfaction. If required, GRANTEE shall provide an
emergency source of water for livestock or wildlife.
10. GRANTEE shall provide GRANTOR an as -built survey of the pipeline as constructed in the easement
herein granted within two (2) months of installing pipeline in said easement. GRANTEE shall maintain
current as -built drawings for the pipeline and all of its surface and subsurface facilities located within the
easement area and shall provide GRANTOR with copies of such drawings each time they are updated.
I 1. GRANTEE agrees to replace or rebuild, to the satisfaction of the GRANTOR, any or all parts of any
road or any drainage or any irrigation system or other improvements that may be damaged in connection with
GRANTEE's activities conducted pursuant to this Agreement. Upon completion of any pipeline
construction, replacement, substitution, relocation, or removal activities permitted hereunder, GRANTEE
shall restore roads on GRANTOR'S lands utilized during GRANTEE's construction to a condition equal or
better than their condition prior to said activities.
12. GRANTEE shall have the right to cross fences on the adjoining property of GRANTOR whenever such
crossing shall be reasonably necessary in conducting activities permitted under this agreement. GRANTEE
shall maintain a proper enclosure at alI times and shall restore such fences to a condition equal to or better
than their condition prior to such crossing as promptly as possible.
In addition to the thirty (30) foot permanent easement area as defined above, GRANTOR grants to
GRANTEE a temporary easement thirty (30) feet in width adjacent to the permanent easement, for the
purpose of enabling GRANTEE to initially construct the pipeline. After the post -construction cleanup
following the initial pipeline construction, the permanent easement area shall be limited to a strip thirty (30)
feet wide as referenced above. The permanent easement, located on the above described lands is generally
described on Exhibit A attached hereto and made a part hereof, Exhibit A attached hereto is not intended to
show the final location of the easement or pipeline as actually constructed; the actual location of the easement
will extend fifteen (15) feet on each side of the centerline of the pipeline as actually laid or as described by a
metes and bounds survey.
GRANTOR further grants and conveys unto GRANTEE the right of unimpaired ingress and egress on,
over, across and through the above-described lands including other Iands owned, leased or claimed by
GRANTOR which are adjacent thereto or contiguous therewith for all purposes necessary or incidental to
the exercise of the rights herein granted, with the further right of entry to maintain the easement herein
granted clear of trees, undergrowth, brush, structures, and any other items, to the extent GRANTEE deems
necessary in the exercise of the rights granted herein. GRANTEE shall not be liable for damages caused by
keeping said easement clear of trees, undergrowth, brush, structures, or any other obstructions.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and
easement herein granted, or any one of them shall be used by, or useful to GRANTEE for the purposes
herein granted and the provisions of this agreement are to be considered a covenant that runs with the land
herein described and GRANTOR hereby binds themselves, their heirs, executors and administrators,
and their successors and assigns to warrant and forever defend this right of way and easement unto the
GRANTEE, its successors and assigns, against every person whomever lawfully claiming or to claim
the same or any part thereof. The easement and rights herein granted may be transferred, leased or
assigned, from time to time, in whole or in part. It is agreed that any payment due hereunder may be made
direct to said GRANTOR or any one of them (if more than one).
EXECUTED as of this day of/ar , 2008.
GRANTOR:
EnCana Oil & Gas (USA) Inc.
t
By:
Ricard. Gallegos Q
Attorney -in -Fact /1
GRANTEE:
ETC Canyon ''''" ine, LLC
By:
Arthur mith
Manager of Engineering- Projects
Airy
4
THE STATE OF COLORADO
CITY AND COUNTY OF DENVER
rd
The foregoing instrument was acknowledged before me this) day of 4C Y , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Ricardo D. Gallegos, Attorney-in-fact for EnCana Oil & Gas (USA) Inc. who is personally
known to me and known to me to be the identical person whose name is affixed to the above
instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year above written.
My Commission mires
06/25/2011
My Commission Expires:
THE STATE OF COLORADO
No
Th
is in and for
f Colorado
COUNTY OF . 9 r ),
The foregoing instrument was acknowledged before me this C, day of ! 1(73",-1-- , 2008,
before me, a notary public, in and for said county and state, personally came the above-named
Arthur Smith as Manager of Engineering — Projects for ETC Canyon Pipeline, LLC who is
personally known to me and known to me to be the identical person whose name is affixed to the
above instrument to be his voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year above written. \ t
My Commission Expires: 'd
Exp Jun 07, 2008
F�pplhrraalm C. SAM
NOTARY PUBLIC
STATE OF COLORADO
otary Public in an
The State of Colorado
or
In Reply Refer To:
2800 (C0140)
COC- 72903
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Energy Office
2425 S. Grand Avenue, Suite 101
Glenwood Springs, Colorado 81601
April21, 2008
Mr. Fred arman, Director
Garfield C my Building and Planning
108 8th Stree
Glenwood Sp gs, Colorado 81601
TAKE PRIDE'
NAMERICA
COPY
This letter is to advise you that the Bureau of Land Management (BLM) Glenwood Springs Energy Office is
currently processing an application from ETC Canyon Pipeline LLC ("ETC"), 1600 Broadway, Suite 1900,
Denver, Colorado 80202, for a right-of-way to construct a 24" buried steel natural gas pipeline in the following
location on BLM-managed public lands:
Township 7 South, Range 95 West
6th Principal Meridian, Garfield County, Colorado
Section 14, NW'/NWI/;
Section 15, SW'/NW'/;
Section 16, SEINEN, SE'/SW'/, S'/SE'/, NE'/SEA/;
Section 29, Lot 4, SWA%NWI/, NW'/SW'/;
Section 30, SE'/:
Section 31, Lot 3, NW'/NE'/, NE'/NW'/;
The area of the proposed pipeline is south and east of the community of Battlement Mesa. We have assigned
serial number COC 72903 to this application. The NEPA number is C0140-08-079EA.
This application is a replacement for application number COC 69055, which was submitted to the BLM
Glenwood Springs Field Office in August 2005 under the company name of Canyon Gas Resources LLC, 7400
East Orchard Road, Suite 3025, Englewood, Colorado 80111. Environmental Assessment (EA) number C0140-
2006-030A.EA was completed on the original application at that time; however, results from cultural inventories
on private lands were never received. The original COC 69055 case file was eventually rejected due to
incomplete resource inventories.
ETC is currently completing the required resource inventories, which are being reviewed by our BLM
Specialists. At this point, it appears this application and the required National Environmental Policy Act
(NEPA) information will be successfully completed in order for a Decision to be made as to the issuance of a
right-of-way grant.
Although a Decision cannot be made until the NEPA work is completed, BLM has not encountered any
situations that might prevent a right-of-way grant from being issued.
ETC may not legally carry out any proposed activities on public lands managed by BLM until they have
received an authorized, executed grant from our office.
For more information regarding BLM's right-of-way regulations and cost recovery fees, please refer to the
following website: http://www.blm.gov/tihhp/whatllands/realty/rower/
If you have any questions regarding the ETC right-of-way application, please contact Ms. DJ Beaupeurt, Realty
Specialist, at 970-947-5226.
Sincerely, Allen B. Crockett, Ph.D., J.D.
Supervisory Natural Resource Specialist
Enclosure: So Parachute Loop Survey Map
cc: ETC Canyon Pipeline LLC
Jimmy Smith, Wagon Wheel Consultants
ETC CANYON PIPELINE, LLC
SOUTH PARACHUTE LOOP
95
F
O
5
S
CliAIVES 9956 PART
BROWN LTC 91 d
LIA1.1tJIf E LLC
it. 1'.1611 CE L/: E+
91595 LLC
JOAN
SAVAGE
11795'LLC
JOAAL
SAVAGE
:ANTL
SAVAGE
BATTLEMENT 6ESA
SFARtIN GAPCR
BUREAU OE LAND
AtANAGELENT
JOSEPH 9A 6
MARIAMO. CLEM
DAVID
Tilt
BUTTES(' or L9-1.0
RNWIGE.LENE
mI✓�'
RANDY N
PA -METAL
Lvn.ftEry
S
BLTZEA11[1E LAW
MAN•5f.E1T NT
y' ENE -ANA
�'.
art. 6 GAS
JON,"
ALTEgii—_
PARALLEL rl E'J e.: {,. P. PSL 15=
Gi2APJLLC SCALE
SCAT C S JLG(
A FgIXB
10 1,661 )
9'MED, 1000 99
ELLE BASE NAP
DET. JAN
EN. DN
DAIS 1/22/08
PROJECT NO.
0704
SHEET 1
Cf 1
SOUTH PARACHUTE LOOP ADJACENT PROPERTY OWNERS
Klebo1d, Larry A. & Karen
301 Himalaya Ave.
Broomfield, CO 80020
Daybreak Realty LLC
400 Pan Mint Rd
Reno, NV 89521
Gardner, Sharon
1236 302 Rd
Parachute, CO 81635
Shore, Lynn J. & Lynn T. 50 pct &
Campbell, Kristin 50 pct
PO Box 462
Parachute, CO 81635
Fur, David L.
PO Box 86
Debeque, CO 81630
Warren, Randy N. & Patricia D.
PO Box 308
Parachute, CO 81635-0308
Burke, Eugene M. & Laurie L.
PO Box 503 (4679 Cnty Rd 301)
Parachute, CO 81635
Clark, Bryan D. & Sylvia L.
6659 County Road 301
Parachute, CO 81635-9123
Clark, David E. & Angela A.
6750 County Road 301
Parachute, CO 81635
Cameron, Fred Rex
PO Box 576
Parachute, CO 81635
04/17/2008 06:49 9702415653 PAGE 02
STAE E OF. COLOKADc..
Bill Rittar.,lr., Govamor.-
£ am9s B: Martin, Ezedutive' Director •
Dedicated to protecting acrd Improving the hoafh and ortvlronrnont of the people of Colorado
4300 Cherry Greek . • • Labo6tory Services Division
• Denver; Calorado.so246-i'530 8100 Lowry BIVd. • •
Phone (303) 682=2000:. .. • Deriver, CoYorado 902306928
-Tbb Line (30a) 891.7700. • :. (303) 692-3090 •
Located iri_Glendale. Colorach : ..•
httpJ/www.c:dpiws;staie.c.:us .
March 21, 2008
Thomas Mark, Environmental Manager
ETC Canyon Pipeline,1...LC
1600 Broadway, Ste 1900
Denver, CO 80202
RE_ Certification, for the Colorado Wastewater Discharge Permit System
Permit Number: COG -070000, Facility Number: COG -072717
Dear Mr. Marls:
ColoradoDepirtiOnt
of Publicliealth
and F ivironment
Enclosed please find a copy of the Certification, which was issued under the Colorado Water Quality
Control Act. You are legally obligated to comply with all terms and conditions of the permit and
cerci£cations.
?lease read the permit and if you have any questions, contact me at (303) 692-3531. Should you have
questions on the fee, please call (303) 692-3529.
Sincerely,
Loretta Houk, Administrative Assistant
Water Quality Protection Section
WATER QUALI'Z"Y CONTROL DIVISION
Enclosure
xc: Regional Council of Government
Garfield County, Local Health
M. Kaduncic, DE Technical Services
Permit File
Permit Fees
cart
04/17/2008 06:49 9702415653 PAGE 03
permit No. COG -070000
new y Na. COG -07271 7
Page 1
Colorado Discharge Permit System Regulations (Regulation No. 61)
CERTIFICATION
under
GENERAL PERMIT FOR CONSTRUCTION DEWATERING OPE.RATIONS ($%C No: 1629)
Category 07, Subcategory 2, General Permr7s, Current fee 000 per yearlong term per CRS 254--502
This certification specifically authorizes ETC Canyon Pipeline, LLC to discharge as descnhed below and in
accordance with the General Perntit for Construction Dewatering Operations_
All correspondence relative to this facility should reference the specific facility number, COG -072717.
Permittee
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, CO 80202
Contact
Thomas Mark, Environmental Manager
Phone: 720-225-4010 (office), 303-949-7214 (cell)
Tom:1l arks eneraytransfer.com
Audrey Butler, Lead Environmental Inspector
Phone: 970-2164458
P_roiect Name, Con coonetiv' and La anon
South Parachute Loop Pipeline Project — The project includes excavating trenches, dewatering as needed, and
installing 13.9 miles of new 24" steel linear pipeline for transportation of natural gas. The full length of the pipeline
will run roughly parallel to I-70, approximately 2 miles south of I-70; and almost that distance from the Colorado
River, which flows somewhat parallel to I-70, in Garfield County, approximate Latitude: 39° 26' 99" N Longitude: -
107° 58' 43" W. Tho steel pipe is coated with 3M Scotchkote fusion bonded epoxy or equivalent Most connections
arc welded above -ground and the same coating is field -applied to the welded joints. This coating is approved for
drinking water service.
Dischar,2e Points
There will be an undetermined number of discharge points along the length of the pipeline. The permittee does not
expect to encounter water every time that a trench is dug. But, as ground water is encountered, it will be pumped,
treated as appropriate, and discharged. The pumped water will go through BMP's such as bay bales, sedimentation
bags, or other appropriate energy dissipation devices prior to being land applied and/or potentially discharged to dry
drainages that arc tributary to the Colorado River.
The pernnittee shall name the discharges in, chronological order. Because these outfalls have not been located in
advance, they shall be referred to as -mobile discharge points". The first mobilo discharge point shall be numbered
MD -001A, the second discharge location «hall be numbered MD -002A, etc.
Discharge
Points
Description
Estimated Flow
Rate
MA -001A, etc.
All discharges will flow through appropriate BMP's
prior to land application or entering tributaries to the
Colorado River.
300-600 GPM
Effluent ,Limitations
The discharges go to hand application and to tributaries to the Colorado River, Segments 04a and 13a of the Lower
Colorado River Sub -basin, Lower Colorado River Basin, found in the Classifications and_kTurneric Standardsfot<
the Lower Colorado River Batt (Regulation No. 37; last update effective March 1, 2008). Segment 04a has been
designated Reviewable, and is classified for the following beneficial uses: Aquatic Life, Class 2 (Cold); Recreation
Class 2; Water Supply; and Agriculture. Segment 13a has been designated Use Protected, and is classified for the
following beneficial uses: Aquatic Life, Class 2 (Warm); Recreation Class la; and Agriculture_ Additionally,
segment 04a is on the Division's 303(+1) list of impacted segments for Selenium; thus, selenium monitoring of the
discharges is required.
METED ANA E TECTIVE: MARCH 20, 2008 E.10fl.4 TT9N: NOVEMBER 30, 2011
04/17/2008 06:49 9702415653
PAGE 04
Perm&No. CIX'. -070000
Facilisy No. COG -072717
Page la
* Where shall be no visible sheen
Other Conditions
Antidcgradation review docs not apply to this permit because the discharge is considered temporary or short term.
an5_ipling
This certification to discharge is written to cover moving discharges along the construction site. Sampling shall
occur at every location where there is a discharge at the frequency described in the table above.
Monitoring and Reportin'
Discharge Monitoring Reports (DMR) must be submitted monthly as long as the certification is in effect The
permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for
entities other than the Division. This will be supplied to the Division within 48 hours of the .receipt of the data by
the permittee.
This cert'if'ication to discharge is effective long tens even though construction and dewatering discharge are only
expected for rix months or less. For termination of permit coverage, the permittee must initiate this by sending a
letter to the Division requesting the permit certification be terminated.
Groundwater Contamination
If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the
owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not
covered under this permit, the permittee shall in3Incdiately appy for a groundwater remediation certification,,
which will include appropriate requirements for additional discharge monitoring and on-site environmental
response capabilities.
Best Mana ,hent Practice
The permittee shall implement and maintain the Best Management Practices (SMP) for the prevention of erosion
and the control of solid and liquid pollutants due to the discharge. HMPs include various options, such as:
modification of the pipe discharge structure to disperse flows; containment of water by hay bales or other
comparable structures; the use of geocloth, filter :fabric, or plastic sheeting for protection of containment structures;
rip -rap; and/or any other approved methods.
The General Construction Dewatering Permit is attached. If the permittee has questions related to this certification,
contact the permit writer.
Permit W ter
Erin Scott
303.692.3506
March 18, 2008
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
CONSTRUCTION PERMIT
PERMIT NO: 08GA0181 L
DATE ISSUED: April 3, 2008
ISSUED TO: ETC CANYON PIPELINE, LLC
FINAL APPROVAL
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Land development project known as the South Parachute Loop Pipeline Project, located in Sec 9 T7S
R94W, Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Overlot grading and associated construction activities,
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25-7-101 et sect), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED
IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
1. The fugitive particulate emission control measures listed on the attached page (as proposed in the
Fugitive Dust Control Plan submitted to the Division) shall be applied to the fugitive particulate emission
producing sources as required by Regulation No. 1.
2. This permit shall expire on 1011512008.
By:
Adam Woznia
Permit Engin e
AIRS ID: 04610017/002
R Hancock Ill, P.E.
Unit Leader
Page 1 of 3
ETC CANYON PIPELINE, LLC
Permit No. 080A0181 L
Final Approval
Colorado Department of Public Health and Environment
Air Pollution Control Division
PARTICULATE EMISSIONS CONTROL PLAN
THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR
ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE
AIR QUALITY CONTROL COMMISSION REGULATION NO 1. THIS SOURCE IS SUBJECT TO THE
FOLLOWING EMISSION GUIDELINES:
a. All Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions.
b. Haul Roads - No off -property transport of visible emissions shalt apply to on-site haul roads, the nuisance
guidelines shall apply to off-site haul roads.
c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when
operating on the property of the owner or operator. There shall be no off vehicle transport of visible
emissions from the material in the haul trucks when operating off of the property of the owner or operator.
Control Measures
1. All unpaved roads and other disturbed surface areas on site shall be watered as necessary to prevent
off -property transport of visible fugitive particulate emissions.
2. Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 30 mph.
Speed limit signs shall be posted.
3. All disturbed soil shall be compacted on a daily basis to within 90% of maximum compaction.
4. All disturbed surface areas shall be revegetated according to the information submitted by the applicant
with the permit application.
5. Silt fencing shall be installed prior to overlotting along all property borders that are adjacent to
developed areas.
6. Surface area disturbed shall be minimized as described in the information submitted by the applicant
with the permit application.
7. Gravel entryways shall be utilized to prevent mud and dirt carryout onto paved surfaces. Any mud and
dirt carryout onto paved surfaces shall be cleaned up daily.
8. No earth work activities shall be performed when the wind speed exceeds 30 miles per hour.
AIRS ID: 046/0017/002 Page 2 of 3
ETC CANYON PIPELINE, LLC
Permit No. 08GA0181 L
Fina! Approval
Colorado Department of Public Health and Environment
Air Pollution Control Division
GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5.6.7 AND 8)
This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant
and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in
accordance with this information and with representations made by the applicant or applicant's agents. It is
valid only for the equipment and operations or activity specifically identified on the permit.
2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been
determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a),
C.R_S.
3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or
appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this
permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the
Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and
regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or
condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the
applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a
hearing before the AQCC for review of the Division's action.
4. This permit and any required attachments must be retained and made available for inspection upon request at
the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the
Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated)
should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in
AQCC Regulation No. 3, Part B, Section LB. upon a request for transfer of ownership and the submittal of a
revised APEN and the required fee.
5. Issuance (initial approval) of an emission permit does not provide "final° authority for this activity or operation of
this source. Final approval of the permit must be secured from the APCD in writing in accordance with the
provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section111.G. Final approval cannot
be granted until the operation or activity commences and has been verified by the APCD as conforming in all
respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of
such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions
must be demonstrated within 180 days after commencement of operation.
6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18
months after either the date of issuance of this permit or the date on which such construction or activity was
scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of
18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion
date_ Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the
permittee prior to the expiration date.
7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to
commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-
114.5(12)(a), C.R.S. and AQCC Regulation No_ 3, Part B, Section Il I.G.1., and can result in the revocation of the
permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of
operation as stated in condition 5.
8. Section 25-7-114.7(2)(a). C.R.S. requires that ail sources required to file an Air Pollution Emission Notice
(APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to
be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon
notification, annual fee billing will terminate.
9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or
the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections
25-7-115 (enforcement), -121 (injunctions). -122 (civil penalties), -122.1 (criminal penalties), C.R.S.
AIRS ID: 046/0017/002 Page 3 of 3
Garfield County
Road and Bridge Department
P.O. Box 426
Rifle, CO 81650
Phone -(970)625-8601 Fax- (970)625-8627
Invoice
Driveway Permit Number: GRB08-D-42
Invoice Date: 4/14/2008
Bill To: ETC Canyon Gas Inc
1600 Broadway, Suite 1900
Denver, CO 80202
$75.00 per Driveway Permit.
Driveway Permit Fee:
Total Due:
Thank You!
$75.00
$75.00
Garfield County J
Application for Driveway Permit
Person Obtaining Permit: ETC Canyon Gas Inc
Application Date: 4/14/2008
County Road Number: 303 District: Silt
Permit Number: GRB08 D-42
Termination Date: 5/14/2008
Inspector: Jake Mall
hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es)
on the right-of-way off of County Road, 303., At Intersection South of Monument Gulch, located on the West side of
road for the purpose of obtaining access to property.
Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including:
1. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach.
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of building(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by
him for the bona fide purpose of securing access to his property and not for the purpose of doing business or
servicing vehicles on the road right of way.
2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date.
3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their
representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representative.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Commissioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason of the exercise of the Permit.
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of
the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
'6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall
be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners.
7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without
written permission of the Board of County Commissioners.
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
9) Final inspection of driveway will be required upon completion and must be approved by person issuing
permit or representative of person issuing permit.
The inspection and sign off must be done prior to any CO from the Building and Planning
Department being issued.
10) Contractor agrees to all Provisions in Exhibit A.
Special Conditions:
1. Driveway Width- 100ft
2. Culvert required? True Size: loin by 100ft
3. Asphalt or concrete pad required? False Size of pad:
4. Gravel portion required? True Length: 100ft
5. Trees, brush and/or fence need to be removed for visibility? True
6. Distance and Direction:100 ft North of Driveway along fence row
7. Certified Traffic Control Required? True
8. Work zone signs required? True
In signing this application and upon receiving authorization and permission to install the driveway approach (es)
•scribed herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved
y the Board of County Commissioners.
Signed:
IC Canyoas Inc
Address: r c?„-..,/ . Q• �t/r �D /(QSO
Telephone Number: 97e -62.5-&y33
Permit granted 4/14/2008, subject to the provisions, specifications and conditions stipulated herein.
For Board of Cou ty Commissioners' of Garfield County, Colorado:
4 bAq
Representative of Garfield County Road and Bridge Signature
Specifications
1. A driveway approach is understood to be that portion of the county road right -of way between the pavement edge
and the property line that is designed and used for the interchange of traffic between the roadway and abutting
property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the
normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum
intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be
provided.)
3. All entrances and exits shall be so Iocated and constructed that vehicles approaching or using them will be able to
obtain adequate sight distance in both directions along the county road in order to maneuver safely and without
interfering with county road traffic.
4. The Applicant shall riot be permitted to erect any sign or display material, either fixed or movable, on or
extending over any portion of the county road right-of-way.
5. Generally, no more than one approach shall be allowed any parcel or property the frontage of which is less than
one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100)
feet shall be permitted only after showing of actual convenience and necessity.
6. AlI driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon
adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles to the centerline
of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater
than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by
permissible radii.
S. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle
between ninety (90) degrees and sixty (60) degrees but shall not be less than sixty (60) degrees. Adjustment will
be made according to the type of traffic to be served and other physical conditions.
9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited.
Commercial establishments for customer vehicles should provide off -the -road parking facilities.
10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the
normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20)
feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%).
11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the
street or county road. The Applicant will be required to provide, at his own expense, drainage structures at
entrances and exits, which will become an integral part of the existing drainage system. The Board of County
Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage
structures.
Note: This permit shall be made available at the site where and when work is being done. A work sketch or
drawing of the proposed driveway(s) must accompany application. No permit will be issued without drawing,
blueprint, or sketch.
Garfield County
Road and Bridge Department
P.O. Box 426
Rifle, CO 81650
Phone -(970)625-8601 Fax- (970)625-8627
Utility Permit Invoice
Invoice Number: GRB08-U-45 Invoice Date: 4/14/2008
Bill To:
ETC Canyon Gas Inc
1600 Broadway, Suite 1900
Denver , CO 80202
Utility Permit Number: GRBOS-U-45
Utility Permit Footage: 60
Utility Permit Fee: $150.00
Footage times $.25: $15.00
Total Due: $165.00
Please Remit Payment,
Promptly, to the Above Address.
Thank You!
Garfield County
Construction Permit for Installation of Utilities in Public Right -of -Ways
Applicant Name: ETC Canyon Gas Inc
Address: 1600 Broadway, Suite 1900
Denver, CO 80202
Type of Installation: Open Road Cut Purpose: 24" Natural Gas Pipeline Length of Installation: 60 feet
County Road: 301 Nearest Intersection or Address: Sipprelle Distance from Intersection or Address: 2.1 Miles Direction from
Intersection or Address: South Side of Road: Full Road Width
Estimated Construction Schedule: Start: 4/14/2008 Finish 5/14/2008
Permit Number: GRB08-U-45
Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms,
conditions and special provisions:
1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and
that the Applicant will own and maintain the installation upon completion of work
2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its
representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with
the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility
connected therewith, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to: 5/I4/2008.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and
warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by
the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after
dark, unless otherwise specified in the Special Provisions below.
5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a
manner acceptable to the Board of County Commissioners or their Representative.
6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this
installation, Applicant will do so promptly at its own expense upon written request from the Board of County
Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to
installation placed inside Public Right -of -Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do
so by The Board of County Commissioners because of necessary road construction or maintenance operations.
8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly
perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking
through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county
road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements
should be established with the County for possible excavation methods.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through
and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no
case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water
company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of
the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Open Road Cut shall
be instaIIed beneath the surface of the right-of-way at a minimum depth of 60" and the disturbed portion of the right-of-way
will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically
tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel.
11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or
their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall
be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures
that will be utilized and shall obtain the occurrence of the Board of County Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at Ieast 48 hours in advance of the time at
which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface each day.
16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the
District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners.
18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant
shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION.
TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT, WILL BE REQUIRED
TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION.A:ND TWO YEARS AFTER
COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE
PLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER.
Special Provisions:
1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck.
Permit holder will contact person issuing permit prior to cutting road surface.
2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as -
built upon completion.
3. Type of Backfill: Roadbase If back fill is road base or excavated material, backfill will be compacted to 95% with
water to include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed
from site. No wet material removed from excavation will be used for backfill.
4. Asphalt Replacement: False. if true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet
larger than excavation area. Replacement of asphalt will be 1 lane minimum width the size of the cut or full road
width if the cut crosses the centerline of road.
S. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on
replacement. The length of the road surface damaged by utility installation will require replacement. This will include
the hauling of equipment and materials.
6. Certified Traffic Required? True
7. Work Zone Signs Required? True
8.
9. Contractor Agrees to all Provisions in Exhibit A.
10.
/34/Ja&a.
Representative of the Board o County Commissioners of Garfield County, Colorado
. accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing
provisions: that he has the authority to sign for and bid the Applicant and that by virtue of his signature, the Applicant, is bound by all
the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN
TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL
NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY.
Utility Permit Applicant -
414 -4
ETC Canyon Gas Inc
Garfield County Road and Bridge Department
Special Provisions for Excavation of Road Surface and Installation
�tiIity Permit Number: GRB08-U-45 Applicant: ETC Canyon Gas Inc
Inspector: Jake Mall Sub-Contractor:Wagon Wheel Consulting
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by
Applicant. Further, Applicant will remove any frozen material from site.
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A
temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or
availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be
straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that
will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the
seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over
the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in
a maximum of five working days, weather permitting.
3. When possible, all installations should avoid the top edge of a fill slope.
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest
abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between
installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench,
and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep
livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and
mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified
weed -free seed. Noxious weed control will be ongoing along with re -vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM,
Forest Service.
Garfield County Representative
ETC Canyon Gas Inc
Garfield County
Road and Bridge Department
P.O. Box 426
Rifle, CO 81650
Phone -(970)625-8601 Fax- (970)625-8627
Utility Permit Invoice
Invoice Number: GRB08-U-43 Invoice Date: 4/14/2008
Bill To:
ETC Canyon Gas Inc
1600 Broadway, Suite 1900
Denver , CO 80202
Utility Permit Number: GRB08-U-43
Utility Permit Footage: 60
Utility Permit Fee: $150.00
Footage times $.25: $15.00
Total Due: $165.00
Please Remit Payment,
Promptly, to the Above Address.
Thank You!
Garfield County
Construction Permit for Installation of Utilities in Public Right -of -Ways
Applicant Name: ETC Canyon Gas Inc
Address: 1600 Broadway, Suite 1900
Denver, CO 80202
Type of Installation: Open Road Cut Purpose: 24" Natural Gas Pipeline Length of Installation: 60 feet
County Road: 301 Nearest Intersection or Address: CR 309 Distance from Intersection or Address: 4.2 Miles Direction from
Intersection or Address: SW Side of Road: Full Road Width
Estimated Construction Schedule: Start: 4/1.4/2008
Permit Number: GRB08-U-43
Finish 5/14/2008
Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms,
conditions and special provisions:
1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and
that the Applicant will own and maintain the installation upon completion of work
2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its
representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with
the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility
connected therewith, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to: 5/14/2008.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and
warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by
the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after
dark, unless otherwise specified in the Special Provisions below.
5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a
manner acceptable to the Board of County Commissioners or their Representative.
6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this
installation, Applicant will do so promptly at its own expense upon written request from the Board of County
Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to
installation placed inside Public Right -of -Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do
so by The Board of County Commissioners because of necessary road construction or maintenance operations.
8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly
perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking
through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county
road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then -arrangements
should be established with the County for possible excavation methods.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through
and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no
case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water
company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of
the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Open Road Cut shall
be installed beneath the surface of the right-of-way at a minimum depth of 60in and the disturbed portion of the right-of-way
will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically
tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel.
11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or
their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall
be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures
that will be utilized and shall obtain the occurrence of the Board of County Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at
which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface each day.
16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the
District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners.
18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant
shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION.
TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED
TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER
COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE
PPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER.
Special Provisions:
1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck.
Permit holder will contact person issuing permit prior to cutting road surface.
2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as -
built upon completion.
3. Type of Backfill: Roadbase If back fill is road base or excavated material, backfill will be compacted to 95% with
water to include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed
from site. No wet material removed from excavation will be used for backfill.
4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet
larger than excavation area. Replacement of asphalt will be 1 lane minimum width the size of the cut or full road
width if the cut crosses the centerline of road.
5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on
replacement. The length of the road surface damaged by utility installation will require replacement. This will include
the hauling of equipment and materials.
6. Certified Traffic Required? True
7. Work Zone Signs Required? True
8.
9. Contractor Agrees to all Provisions in Exhibit A.
10.
Representative of the Board of County Commissioners of Garfield County, Colorado
accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing
riovisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all
the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN
TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL
NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY.
Utility Permit Applicant:
"ETC Canyon Gas Inc
Garfield County Road and Bridge Department
Special Provisions for Excavation of Road Surface and Installation
ility Permit Number: GRINS -U-43 Applicant: ETC Canyon Gas Inc
Inspector: Jake Mall Sub-Contractor:Wagon Wheel Consulting
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by
Applicant. Further, Applicant will remove any frozen material from site.
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A
temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or
availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be
straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that
will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the
seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over
the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in
a maximum of five working days, weather permitting.
3. When possible, all installations should avoid the top edge of a fill slope.
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest
abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between
installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shaII be backfilled daily to within 100 feet of the working area of the trench,
and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep
livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and
mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified
weed -free seed. Noxious weed control will be ongoing along with re -vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM,
Forest Servicer,
Garfield County Representative
ETC Canyon Gas Inc
Garfield County
Road and Bridge Department
P.O. Box 426
Rifle, CO 81650
Phone -(970)625-8601 Fax- (970)625-8627
Utility Permit Invoice
Invoice Number: GRB08-U-44 Invoice Date: 4/14/2008
Bill To:
ETC Canyon Gas Inc
1600 Broadway, Suite 1900
Denver , CO 80202
Utility Permit Number: GRB08-U-44
Utility Permit Footage: 80
Utility Permit Fee: $150.00
Footage times $.25: $20.00
Total Due: $170.00
Please Remit Payment,
Promptly, to the Above Address.
Thank You!
Garfield County
Construction Permit for Installation of Utilities in Public Right -of -Ways
Applicant Name: ETC Canyon Gas Inc
Address: 1600 Broadway, Suite 1900
Denver, CO 80202
Type of Installation: Road Bore Purpose: 24" Natural Gas Pipeline Length of Installation: 80 feet
County Road: 301 Nearest Intersection or Address: CR 309 Distance from Intersection or Address: 1.8 Miles Direction from
Intersection or Address: South Side of Road: Full Road Width
Estimated Construction Schedule: Start: 4/14/2008
Permit Number: GRB08-U-44
Finish 5/14/2008
Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms,
conditions and special provisions:
1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and
that the Applicant will own and maintain the installation upon completion of work
2: The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its
representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with
the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility
connected therewith, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to: 5/14/2008.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and
warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by
the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after
dark, unless otherwise specified in the Special Provisions below.
5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a
manner acceptable to the Board of County Commissioners or their Representative.
6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this
installation, Applicant will do so promptly at its own expense upon written request from the Board of County
Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to
installation placed inside Public Right -of -Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do
so by The Board of County Commissioners because of necessary road construction or maintenance operations.
8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly
perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking
through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county
road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements
should be established with the County for possible excavation methods.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through
and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no
case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water
company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of
the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Road Bore shall be
installed beneath the surface of the right-of-way at a minimum depth of 60in and the disturbed portion of the right-of-way
will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically
tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel_
11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12. AppIicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or
their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall
be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures
that will be utilized and shall obtain the occurrence of the Board of County Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at
which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface each day.
16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the
District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners.
18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant
shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION.
TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED
TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER
COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE
`PLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER.
Special Provisions:
1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck.
Permit holder will contact person issuing permit prior to cutting road surface.
2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as -
built upon completion.
3. Type of Backfill: If back 111l is road base or excavated material, backfill will be compacted to 95% with water to
include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed from
site. No wet material removed from excavation will be used for backfill.
4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet
larger than excavation area. Replacement of asphalt will be 1 Iane minimum width the size of the cut or full road
width if the cut crosses the centerline of road.
5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on
replacement. The length of the road surface damaged by utility installation will require replacement. This will include
the hauling of equipment and materials.
6. Certified Traffic Required? True
7. Work Zone Signs Required? True
8.
9. Contractor Agrees to all Provisions in Exhibit A.
10.
Representative of the Board of County Commissioners of Garfield County, Colorado
. accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing
provisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all
the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN
TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL
NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY.
Utility Permit Applicant
TC Canyon Canyon Gas Inc
Garfield County Road and Bridge Department
Special Provisions for Excavation of Road Surface and Installation
-tility Permit Number: GRS08-U-44
Applicant: ETC Canyon Gas Inc
Inspector: Jake Mall Sub-Contractor:Wagon Wheel Consulting
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by
Applicant. Further, Applicant will remove any frozen material from site.
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A
temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or
availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be
straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that
will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the
seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over
the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in
a maximum of five working days, weather permitting.
3. When possible, all installations should avoid the top edge of a fill slope.
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest
abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between
installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, .
and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep
livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and
mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified
weed -free seed. Noxious weed control will be ongoing along with re -vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM,
Forest Service.
% ) r: C,( L /
Garfield County Representative
ETC Canyon Gas Inc
47.71.
Garfield County
Road and Bridge Department
P.O. Box 426
Rifle, CO 81650
Phone -(970)625-8601 Fax- (970)625-8627
Utility Permit Invoice
Invoice Number: GRB08-U-46 Invoice Date: 4/14/2008
Bill To:
ETC Canyon Gas Inc
1600 Broadway, Suite 1900
Denver , CO 80202
Utility Permit Number: GRB08-U-46
ty Permit Footage: 60
%Utility Permit Fee: $150.00
Footage times $.25: $15.00
Total Due:
$165.00
Please Remit Payment,
Promptly, to the Above Address.
Thank You!
``L. Garfield County
Construction Permit for Installation of Utilities in Public Right -of -Ways
Applicant Name: ETC Canyon Gas Inc Permit Number: GRB08-U-46
Address: 1600 Broadway, Suite 1900
Denver, CO 80202
Type of Installation: Open Road Cut Purpose: 24" Natural Gas Pipeline Length of Installation: 60 feet
County Road: 320 Nearest Intersection or Address: 320 Distance from Intersection or Address: 2.4 Miles Direction from
Intersection or Address: South Side of Road: Full Road Width
Estimated Construction Schedule: Start: 4/I4/2008 Finish 5/14/2008
Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms,
conditions and special provisions:
1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and
that the Applicant will own and maintain the installation upon completion of work
2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its
representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with
the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility
connected therewith, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to: 5/14/2008.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and
warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by
the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after
dark, unless otherwise specified in the Special Provisions below.
5. lithe Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a
manner acceptable to the Board of County Commissioners or their Representative.
6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this
installation, Applicant will do so promptly at its own expense upon written request from the Board of County
Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to
installation placed inside Public Right -of -Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do
so by The Board of County Comrnissioners because of necessary road construction or maintenance operations.
8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly
perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking
through beneath the road surface: however, open cut shall be allowed up to the edge of the surfaced portion of the county
road. No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements
should be established with the County for possible excavation methods.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through
and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no
case shall the flow of water ever be impaired or interrupted, without arrangements having been made with the effected water
company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of
the National Electric Safety Code and to such Colorado statues as are applicable. The above-described Open Road Cut shall
be installed beneath the surface of the right-of-way at a minimum depth of 60" and the disturbed portion of the right-of-way
will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically
tamped and packed and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel.
11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or
their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall
be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures
that will be utilized and shall obtain the occurrence of the Board of County Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at
which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface each day.
16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the
District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners.
18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant
shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION.
TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED
TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER
COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLYAT THE
°PLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER.
Special Provisions:
1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring toot is stuck.
Permit holder will contact person issuing permit prior to cutting road surface.
2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC Approval and as -
built upon completion.
3. Type of Backfill: Roadbase If back fill is road base or excavated material, backfill will be compacted to 95% with
water to include shoulders, drainage ditches and pits used for road bore. All rocks 10 inches or larger will be removed
from site. No wet material removed from excavation will be used for backfill.
4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet
larger than excavation area. Replacement of asphalt will be 1 lane minimum width the size of the cut or full road
width if the cut crosses the centerline of road.
5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give specification on
replacement. The length of the road surface damaged by utility installation will require replacement. This will include
the hauling of equipment and materials.
6. Certified Traffic Required? True
7. Work Zone Signs Required? True
8.
9. Contractor Agrees to all Provisions in Exhibit A.
10.
Representative of the Board of County Commissioners of Garfield County, Colorado
accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of the foregoing
rrovisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his signature, the Applicant, is bound by all
the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN
TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL
NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY.
Utility Permit Applicant.
tITC Canyon Gas Inc
Garfield County Road and Bridge Department
Special Provisions for Excavation of Road Surface and Installation
.ility Permit Number: GRB08-U-46 Applicant: ETC Canyon Gas Inc
inspector: Jake Mall Sub-Contractor:Wagon Wheel Consulting
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed from site by
Applicant. Further, Applicant will remove any frozen material from site.
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A
temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or
availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be
straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that
will be full width or half width of roadway when trenches nm with the road. For trenches across the road, the edges of the
seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over
the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in
a maximum of five working days, weather permitting.
3. When possible, all installations should avoid the top edge of a fill slope.
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest
abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches between
installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench,
and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep
livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and
mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified
weed -free seed. Noxious weed control will be ongoing along with re -vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BLM,
Forest Service.
Garfield County Representative
ETC Canyon Gas Inc
STANDARD FORM 299 (112006)
Prescribed byDODUSDAJDOT
P.L. 96-487 and Federal
Register Notice 5-22-95
APPLICATION FOR TRANSPORTATION AND
UTILITY SYSTEMS AND FACILITIES
ON FEDERAL LANDS
FORM APPROVED
OMB No. 1004-0189
Expires: November 30, 2008
FOR AGENCY USE ONLY
NOTE: Before completing and filing the application, the applicant should completely review this package and schedule a
preapplication meeting with representatives of the agency responsible for processing the application. Each agency may have specific
and unique requirements to be met in preparing and processing the application. Many times, with the help of the agency
representative, the application can be completed at the preapplication meeting,
1. Name and address of applicant (include zip code)
Art Smith
ETC Canyon Pipeline, LLC
1600 Broadway, Suite 1900
Denver, CO 80202
4. As Applicant are you? (check one)
a.
b.
c.
d.
e.
f.
❑ Individual
® Corporation'"
❑ Partnership/Association"
D State Government/State Agency
❑ Local Government
❑ Federal Agency
2. Name, title, and address of authorized agent if different from item 1
(include zip code)
Jimmy Smith
Wagon Wheel Consulting, Inc.
111 East 3rd Street, Suite 213
Rifle, CO 81650
5. Specify what application is for: (check one)
a.
b.
c.
d.
e.
f.
Application Number
Date Filed
3. TELEPHONE (area code)
Applicant:
Art Smith: 303-888-2843
Authorized Agent:
Jimmy Smith: 970-625-8433
❑ New Authorization
❑ Renewing existing authorization No
❑ Amend existing authorization No.
.• Assign existing authorization No.
O Existing use for which no authorization has been received.
❑ Other'
* if checked, complete supplemental page ` if checked, provide details under item 7
6. If an individual, or partnership are you a citizen(s) of the United States? ❑ Yes 0 No
7. Project description (describe in detail): (a) Type of system or facility,(e,g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (length,
width, grading, etc.); (d) term of years needed, (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and timing of
construction; and (h) temporary work areas needed for construction (Attach additional sheets, if additional space is needed.)
ETC Canyon Pipeline, LLC ("ETC"), respectfully requests that COC -69055 be reinstated (it was rejected on 7/23(07) with the following new project
information: ETC proposes to construct and operate a 24" steel, natural gas gathering pipeline to be know as the South Parachute Loop. The pipeline would be
constructed immediately adjacent to existing pipeline(s) currently operated by ETC. The 24" pipeline is needed to transport increasing natural gas volumes
from area operators. The current 8" pipeline system is at capacity (-- 20,000 mscfd) and is experiencing high pressures due to the increasing volumes.
(a)
(b)
(c)
(d)
(e)
(1)
(g)
(h)
24" steel, natural gas gathering pipeline
Typical above -ground appurtenances associated with pipelines such as launchers, receivers, block valves, pipeline markers, and CP test stations
Pipeline Length: 14.7 miles (3.5 miles on BLM Lands), 50' permanent ROW requested, 25' temporary construction ROW requested
30 -year term requested
Year-round operation
Between 100,000 — 200,000 mscf'd depending on operating pressures
The construction phase of the pipeline is anticipated to begin in early spring, 2008, with construction duration of 14 to 16 weeks.
A 25' temporary construction ROW is requested in addition to the requested 50' permanent ROW. Three (3) staging areas, approximately 2 acres in
size, all located on private lands, have been selected and surveyed for the proposed use of mobilization -demobilization areas and stockpiling of pipe
and materials during construction.
8. Attach a map covering area and show location of project proposal.
A topographical base map and individual landowner exhibits are attached for your use.
9. State or Local government approval: 0 Attached ® Applied for 0 Not required
Garfield County Administrative Permit
10 Non -returnable application fee: 0 Attached ❑ Not required
11 Does project cross international boundary or affect international waterways? 0 Ycs ® No (If "yes," indicate on map)
12. Give statement of your technical and financial capability to construct, operate, maintain, and terminate system for which authorization is being requested.
Effective on November 5, 2007, Canyon Gas Resources, LLC, a Delaware Limited Liability Company, changed its name to ETC Canyon Pipeline, LLC
("ETC"). ETC's midstream business is concentrated in Utah and Colorado, and consists of the construction, operation, and maintenance of midstream
gathering pipelines, processing and treating facilities. As such, ETC has the technical capabilities necessary for the proposed action.
This form is authorized for local reproduction.
13a. Describe other reasonable alternative routes and modes considered.
An alternate route is being proposed in Section 30, T7S, R95W, which will deviate from the existing Canyon Gas pipeline. The proposed route will be adjacent to
the existing EnCana pipeline. This route provides for more practical construction of the proposed pipeline due to limited work space in the existing road. Other
alternative routes were considered but rejected due to impractical routing for construction and economic considerations. The terrain in the area severely limits
alternative routes.
b. Why were these alternatives not selected?
Other routes would have a greater visual, environmental, and economic impact due to new disturbances which would not be adjacent to existing pipeline
corridors or roads and would be much longer in length.
c. Give explanation as to why it is necessary to cross Federal Lands.
The route parallels existing pipeline and road systems crossing BLM lands and fee lands to the greatest extent feasible. The subject pipeline will run parallel and
adjacent to existing roads and pipelines and will make maximum use of previously cleared areas to reduce overall disturbance
14. List authorizations and pending applications filed for similar projects, which may provide information to the authorizing agency. (.Specify number, dare, code, or name)
South Parachute Pipeline— COC -66335; Bentley Pipeline— COC -66088; Porcupine Loop — COC -51003
This proposed project will loop the existing South Parachute and Bentley Pipelines and will connect directly to the Porcupine Loop Pipeline.
15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (consrrnctian, operation, and maintenance); (b) estimated
cost of next best alternative; and (c) expected public benefits.
ETC currently has gas gathering contracts in place with multiple Operators in the area. The proposed pipeline will allow ETC Canyon Pipeline to better serve
these and future contracts. The utilization of existing pipeline ROW's and roads will benefit the public by minimizing any new disturbances. The 24' pipeline
capacity should be adequate to handle any future natural gas volumes without the need to install several smaller pipelines. The increased capacity will benefit
the royalty owners while providing a feasible route with minimal impact to the surrounding area.
(a) $14,000,000
(b) Over $20,000,000
(c) increased pipeline capacity to improve current natural gas production and handle future production in the area, providing benefit to royalty owners
and increasing the availability of natural gas and natural gas byproducts to consumers.
16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles.
No effects are anticipated on the population within the project area.
17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (e) surface and ground water quality and quantity; (d)
the control or structural change on any sire -am or other body of water; (e) existing noise levels; and (f) the surface of the land, including vegetation, permafrost, soil,
and soil stability.
No substantial effects are anticipated. Appropriate mitigation measures developed from NEPA analysis will be applied.
18. Describe the probable effects that the proposed project will have on (a) populations of fish, plant life, wildlife, and marine life, including threatened and endangered
species; and (b)marine mammals, including hunting, capturing, collecting, or killing these animals.
No substantial effects are anticipated. Appropriate mitigation measures developed from NEPA analysis will be applied.
19. State whether any hazardous material, as defined in this paragraph, will be used, produced, transported or stored on or within the right-of-way or any attic right-of-way facilities, or used in the
construction, operation, maintenance or termination of the right -of --way or any of its facilities. "Hazardous material" means any substance, pollutant or contaminant that u listed as hazardous
under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances
under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), as amended 42 U.S.C. 9601 et seq., and its regulations. The term
hazardous materials also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. The term does not include petroleum,
including crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance imder CERCLA Section 101(14), 42 U.S.C. 9601(14). nor does the term
include natural gas.
There will be no hazardous material(s) transported across, contained within or stored upon the Right of Way.
20. Name all the Departments) /Agenty(ies) where this application is being filed.
Original Filing with:
Bureau of Land Management
Glenwood Springs Energy Office
2425 S. Grand Ave., Suite 101
Glenwood Springs, CO 81601
I HEREBY CERTIFY, That I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application
and believe that the information submitted is correct to=, .est of m knowledge.
Signature of Applicant
Art Smith, Manager of Engineering --
Title 18, U.S.C. Section 1001, makes it a crime for a person knowingly -r? Ilfully to make to any department or agency of the United States any false,
fictitious, or fraudulent statements Of representations as to any matter within its jurisdiction.
r1/1/0
SUPPLEMENTAL
NOTE The responsible agency(ies) will provide additional instructions
CHECK APPROPRIATE
BLOCK
I - PRIVATE CORPORATIONS
ATTACHED
FILED*
a. Articles of Incorporation On file at ELM
❑
0
b. Corporation Bylaws
❑
0
c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State.
On file at ELM
0
Ei
d. Copy of resolution authorizing filing
❑
0
e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any
class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity
together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of
that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares
and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate.
❑
0
f. If application is for an oil or gas pipeline, describe any related right -of-way or temporary use permit applications, and identify
previous applications.
0
❑
g. If application is for an oil and gas pipeline, identify all Federal lands by agency impacted by proposal.
0
0
II - PUBLIC CORPORATIONS
a. Copy of law forming corporation
0
■
b. Proof of organization
❑
0
c. Copy of Bylaws
0
0
d. Copy of resolution authorizing filing
■
0
e. If application is for an oil and gas pipeline, provide information required by item "I -rand "I -g" above.
0
0
III - PARTNERSHIP OR OTHER UNINCORPORATED ENTITY
a. Articles of association, if any
0
0
b. 'lone partner is authorized to sign, resolution authorizing action is
❑
0
c. Name and address of each participant, partner, association, or other
0
❑
d. If application is for an oil and gas pipeline, provide information required by item "I -f" and "1-g" above.
0
0
* If the required information is already filed with the agency processing this application and is current, check block entitled "Filed." Provide the file identification
information (e.g., number, date, code, name). if not on file or current, attach the requested information.
APPLICATION FOR DEPARTMENT OF THE ARMY PERMF- OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The public reporting burden for this collection of information is estimated to average 10 hours per response, although the majority of
applications should require 5 hours or less. This includes the time for reviewing instructions. Searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson
Davis Highway. Suite 1204 Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project
(0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person
shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the
District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection,
Research, and Sanctuaries Act, Section 103, 33 USC 1413. Principal Purpose: Information provided on this form will be used in
evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not
provided, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or bond reproducible copies which show the location and character of the proposed activity must be
attached to this application (see sample didwiiigs endinstructions) and be submitted to the District Engineer having jurisdiction over the -location -.
of the proposed activity. An application that is not completed in full will be returned" -
1. APPLICATION NO.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS
2. N'IhLD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME
ETC Canyon Pipeline, LLC.
Attn: Art Smith
8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
required)
Wagon Wheel Consulting INC.
6. APPLICANT'S ADDRESS
1600 Broadway, Suite 1900
Denver CO. 80202
9. AGENT'S ADDRESS
111 E 3rd St. Suite 213 Rifle Colorado 81650
7. APPLICANTS PHONE NUMBERS WITH AREA CODE
a. Business: 720-225-4011
10.AGENTS PHONE NUMBERS WITH AREA CODE
A. Business 970-625-8433
11. STATEMENT OF AUTHORIZATION
I hereby authorize Ouentin Smith to act in my behalf as my agent in the processing of this application and to
furnish upon request, supplemental information in support of this permit application
Ctf?
APP TS S
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
3-/a dg
DATE
South Parachute Pipeline Extension
13. NAME OF WATERBODY, IF KNOWN (if app//cable)
Dry Creek Ephemeral x 2, Cottonwood Creek, Cache Creek
Monument Gulch West, Pete and Bill Creek
Monument Gulch East
14. PROJECT STREET ADDRESS (if applicable)
N/A
15. LOCATION OF PROJECT
Garfield Colorado
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
Located in Sections 30,16,1,15 T7S 95W 6th P.M., Sec 36 7S 96W 6t P.M., Sec 8 7S 94W 6th P.M.
17. DIRECTIONS TO THE SITE
See Project Maps
ENG FORM 4345, Ju197 EDITION OF SEP 94 IS OBSOLETE (Proponent CEO W -OR)
18. Nature of Activity (Description of project, include al! features)
ETC Canyon Pipeline, LLC. (Canyon) is planning to install a new twenty four (24) inch steel natural gas
gathering pipeline. Pipelines will be installed to allow for a minimum of sixty inches of cover above
pipeline. No import fill material will be used for back fill material. Contours will be reinstalled to near
original state. Rip Rap will be installed if required. Canyon agrees to comply with all 404 regulations.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The proposed pipelines will be utilized to gather natural gas from natural gas wells and to deliver the gas
to an existing tie-in where the gas will be delivered to additional treating facilities and pipelines to send to
market.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Install pipelines across drainage
21. Type(s) of Materiel Being Discharged and the Amount of Each Type in Cubic Yards
Naive material, (rock, silt, clay)
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
.04 acres
23. is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the Water body (if more than can be entered
here, please attach a supplemental list).
Private Land Owners Bureau of Land Management
Glenwood Springs Field Office
50629 Hwy 6
Glenwood Springs, CO 81601
25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in
This Application
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
BLM Land Grant Pending Pending Pending
Garfield County Administrative Permit Pending Pending Pending
Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. t certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or is acting as the duly authorized agent of the applicant.
yy ) /0•r)8
SIQhJATUR OF APPLICANT DATE SIATURE OF AG DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a
duly authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United
States, knowingly and willfully falsifies, conceals, or covers up any trick scheme, or disguises a material fact or makes any false,
fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain
any false, fictitious or fraudulent statements or entry, shall be fined not more then $10,000 or imprisoned not more then five years
or both.
ETC CANYON PIPELINE, LLC.
SOUTH PARACHUTE LOOP
ARMY CORP OF ENGINEERS DRAINAGE INFORMATION
FIELD SURVEYtNFORMATION: March 6, 2608 South Paracliiufe Loop
Site Number
1
2
3
4
5
6
7
8
Project Name (Pad/ Access Road/ Pipeline)
South Parachute Loop
South Parachute Loop
South Parachute Loop
South Parachute Loop
South Parachute Loop
South Parachute Loop
South Parachute Loop
South Parachute Loop
Section
30
16
1
30
36
8
15
16
Township
75
75
7S
7S
7S
75
78
7S
Range
95W
95W
95W
95W
96W
94W
95W
95W
Nearest Town
Parachute. CO
Parachute, CO
Parachute, CO
Parachute, CO
Parachute, CO
Parachute, CO
Parachute, CO
Parachute CO
Drainage Name
Unnamed
Mounument Gulch
West
Cottornvood Creek
Unnamed
Pete and BIN Creek
Ceche Creek
Battlement Creek
Monument Gulch East
Tributary of
Colorado River
Colorado River
Colorado River
Colorado River
Colorado River
Colorado River
Colorado River
Colorado River
North Coordinates"
39'24' 08.785` N
39' 28' 01.925" N
39' 27'38.719" N
39' 24' 08.360` N
39' 23' 29.348" N
39' 27' 12.266" N
39' 26' 17.034" N
39' 26' 08.075" N
West Coordinates"
108' 02' 34.996" W
107' 59' 55.820' W
107' 57' 11.610' W
108'02' 09.122" W
108'03'44.722" W
107' 5454'.461" W
107' 5811.433" W
107' 59' 45.969" W
Drainage Type
Ephermeral
Perintats
Pertnials
Perinlals
Perinlats
Perinlals
Perinlais
Partials
Description of Construction
Pipeline Construction tion
Pipeline Construction
Pipeline Construction
Pipeline Construction
Pipeline Construction
Pipeline Construction
Pipeline Construction
Pipeline Construction
Affected Landowner/Agency
BLM
BIM
Private
BLM
Private
Private
Private
BLM
"' Degrees, Minutes, Decimal Seconds in Nad 27
i
r
PLAN VIEW
SCALE: 1" = 30'
ETC CANYON PIPELINE. LLC
DRY CREEK CROSSING
SECTION 30, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
.STA 1 00
PROPOSED RIPELJNE
STA 0-00
DRY CREEK °'o
\ f / STA. 0+50
\
CROSSING LOCATION
LATITUDE: 39'24'08.785" N
LONGITUDE: 108'02'34.996" W
UTM NORTH: 4365856.6m
UTM EAST: 237971.6m
NOTE
HORIZONTAL DATUM IS NAD 83,
UTM ZONE 13 IN METERS
VERTICAL DATUM IS NAVD 88
CONTOUR INTERVAL IS 2 FEET
6020
DRY CREEK
EXISTING GROUND
6000
DATUM ELEV
5995.00
PROFILE VIEW
SCALE: 1" = 30' HORZ.
1"=20'VERT.
.41
O
co
i
0+00
0+50
1+00
11611 ECLIPSE
surveying
111 E THIRD ST.. SUITE 208, RIF1, CO 81850
(9m) 625-3048
SCALE: AS NOTED
DATE: 01/21/08
ETC CANYON PIPELINE, LLC
7400 E. Orchard Rd.. Suite 3025
Englewood. CO 80111
SHEET: 1 of 1
FILE:\DRY CREEK ALT XING
US ARMY CORPS OF ENGINEERS
NATIONWIDE 12 EXEMPTION EXHIBIT
DRY CREEK ALTERNATE CROSSING
Looking, Upstream
Lookin6 Downstream
1
ETC CANYON PIPELINE. LLC
MONUMENT GULCH WEST CROSSING
SECTION 16, T. 7 S., R. 95 W., 6TH P.M.
GARFIELD COUNTY, COLORADO
0
CROSSING LOCATION
LATITUDE: 39'26'01.925" N
LONGITUDE: 107'59'55.820" W
UTM NORTH: 4369217.7m
UTM EAST: 241895.6m
/
o—
MONUMENT GULCH
WESTERLROSSING
/ STA. 0+5
/ y
o
'60` /
/ �r
—'L.7C
PROPOSED PIPELINE f /
/
/
/
PLAN VIEW
SCALE: 1" = 30'
/
0
co
NOTES:
HORIZONTAL DATUM IS NAD 83,
UTM ZONE 13 IN METERS
VERTICAL DATUM IS NAVD 88
CONTOUR INTERVAL IS 2 FEET
6040
6020
DATUM' ELEV
6005.00
PROFILE VIEW
SCALE: 1" = 30' HORZ.
1" = 20' VERT.
MONUMENT GULCH
WEST CROSSING
GROUND
co
ui
0
co
m
ai
0
co
0
co
0+00
0+50
1+00
ECLIPSE
surveying
111 E. THIRD ST;, SUITE 208, RIFLE CO 81650
(970) 625-3048
SCALE: AS NOTED
DATE: 01/21/08
ETC CANYON PIPELINE, LLC
7400 E. Orchard Rd., Suite 3025
Englewood, CO 80111
SHEET: 1 of 1
F1LE:\MONUMENT W XING
US ARMY CORPS OF ENGINEERS
NATIONWIDE 12 EXEMPTION EXHIBIT
N
1
3
PLAN VIEW
SCALE: 1" = 30'
ETC CANYON PIPELINE. LLC
COTTONWOOD CREEK CROSSING
SECTION 1, T. 7 S., R. 95 W., 6TH
GARFIELD COUNTY, COLORADO
PROPOSED PIPELINE
q, COTTONWOOD CREEK
STA. 0+50 /
P.M.
CROSSING LOCATION
LATITUDE: 3927'38.719" N
\ ST9 \ LONGITUDE: 107'57'11.610" W
\ UTM NORTH: 4372072.8m
\ � \ UTM EAST: 245920.0m
NOTES:
HORIZONTAL DATUM IS NAD 83,
UTM ZONE 13 IN METERS
VERTICAL DATUM IS NAVD 88
CONTOUR INTERVAL IS 2 FEET
5980
DATUM EISY
5960.00
PROFILE VIEW
SCALE: 1" = 30' HORZ.
1"=20'VERT.
COTTONWOOD
CREEK CROSSING
GROUND
v;
n
rn
r]
0)
0+00
0+50
1+00
ECLIPSE
surveying
111 E TNIRO ST.. SU1TE 208, RWRl~ CO 81650
(970) 625-3048
SCALE: AS NOTED
DATE: 01/22/08
ETC CANYON PIPELINE, LLC
7400 E. Orchard Rd., Suite 3025
Englewood, CO 80111
SHEET: 1 of 1
FILE:\COTTONWOOD XING
US ARMY CORPS OF ENGINEERS
NATIONWIDE 12 EXEMPTION EXHIBIT
I oo ing / . strea