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1.0 Application
Com, // cJ, GARFIELD COUNTY 61,16, /re/ Building & Planning Department 108 811' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfieid-county-corn Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) p. Street Address / General Location of Property: 41 3/ /2i rL a v tvry' o&1724 Legal Description: /U'W V Ai (A/ .5Cc. z r /e94 k/ • Existing Use & Size of Property in acres: /Cr2POt 4, 4,1t"Fici- 6 :- Description of Special Use Requested: '44/ .6 4.14 v •r- /4 t- SCIGAPD►2 74C-14'i'r; „ - u P P2r rli'-ro,21i L. C -a SFS DEUeco,' 1/ E a/ i L P(474 Ic. rt o lv `ry Y- A -4C A Zone District: TeSo u rc- 6-414) s V4 -Lt -' FG©o iZ Name of Property Owner (Applicant): WI, LL.f`Ls Pit041/Crio fidi f2, r (_o .- Address: (01 5 e ec o tlr4 o A b Z. i S Telephone: 970- !8s— 457 7 y City: f Ari a -r. State: C" Zip Code: Si ,3S- FAX: -IV 013 • Name of Owner's Representative, if any (Attorney. Planner, etc): 54/V0 `P /-I0 7-4-/L4) D LA io kfri 4.(.4464.. Address: t O 58 6D04.)-1 pA0 Z s Telephone: 9U3 2 gt371 City: P.14- COU rC State: Co Zip Code: g (Ca 3‘ FAX: 9741-2-6 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: Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly andior monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. 8. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). ubmit a copy of the deed and a legal description of the subject property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf, Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character, 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at 1 -, •gartield-count1.ro�i bu iaircl �� d_i �lar�ii na;ii htm, or information can be obtained from this office L7 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. I!. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will riot occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200) of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way. with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice. and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5.. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval. this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information wf ch --is correct and ccurate to the best of my knowledge n ture of a licanUowner) Last Revised 02/2006 Williams Production RMT Company Application for Special. Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Table of Contents Item Table of Contents 1 Proposal 2 Requirements of Paragraph 1 2-4 Requirements of Paragraph 2 5-6 Requirements of Paragraphs 3 & 4 7 Requirements of Paragraph 5 8 Requirements of Paragraphs 6 & 7 9 Requirements of Paragraph 8 10-12 Requirements of Paragraph 9 13-14 Requirements of Paragraphs 10 & 11 15 List of Exhibits 16 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Proposal: Williams Production RMT Co is proposing to construct "An Industrial Support Facility", ("Facility') including a field office and small storage yard in NW/4, NW/4, Sec 29, T6S R94W. This "Facility" known as the Rulison Industrial Support Facility will occupy approximately 2 acres of a 38.66 acre tract that Williams owns. The zoning for this area is Resource Lands -(Lower Valley Floor). Special Use Permit Application Submittal Requirements; Requirements of Paragraph 1: Nature and Character of Special Use: Williams Production RMT Co is actively developing its oil and gas leasehold in Piceance Basin on both sides of the 1-70 corridor in an area commencing several miles west of Parachute northeastwards to the City of Rifle's western boundary and north and south of the corridor for several miles for a total development area of 100+ square miles. Currently, Williams is running 25 drilling rigs, 20+ completion rigs, and is producing natural gas and petroleum liquids from 1700 wells. Williams employs 153 company personnel and uses an additional 1700 employees of various contractors that provide services to develop Williams' leases, The rapid growth of natural gas development over the past several years and high level of current activity has fostered the need to develop satellite operation sites to reduce the congestion and impact caused by vehicle traffic in and around the Town of Parachute. 7 One of the areas of high activity for Williams is located in Township 6S Range 94W. Williams is running 10 rigs in this area and operating 575 wells, with additional wells planned for the future, within 4 miles of the propose "Facility". To help reduce the vehicular impact in an around Parachute and to eliminate unnecessary travel of company employees and contractors whose daily work is in the aforementioned township area, Williams set a 12X60 ft modular unit as a "satellite office" last year on land it owns in NW/4, NW/4 of Sec 29, T6S, R94W purchased from Gottschalk in 2001. At the time of Williams° purchase, there was an existing home site containing a 3 bedroom home, a 420 sq ft single story cabin, electrical power, existing water well and a septic system and drain field. All of these structures were removed prior to Williams setting the modular unit. A. Existing and Proposed Structures: The existing 12' X 60' modular unit would be replaced by a 14' X 66' modular unit to support construction and production activities in the area. The "Facility" would be operated from 7AM to 5 PM each day. The modular unit would be connected to already existing electrical service which would provide heat and lights as well as other electrical needs. In addition to the modular unit, two 10X 20 storage buildings are on the site. These buildings are used to store commonly used oil field parts for repair of production equipment and facilities. Finally, the "Facility" would have sufficient parking area for 20 vehicles. B. Vehicle Number and Type accessing Site: To support production and construction activities in the area, 20 vehicles would access the site daily consisting of 15 pickups, 3 light trucks and 2 other vehicles. The majority of the pickups would access the site from 7 to 8 AM when the employees gather for daily work assignments. After these hours, there would be from 1-2 pickups per hour accessing the site until end of shift at about 4 PM. Pickup traffic would again increase to the 7 to 8 AM level. During the day at any given time, there would be 1-3 employees working in the trailers. Throughout the day, there would be other visitors to the site, mostly vendors and supply personnel delivery equipment and supplies. Estimate 1-2 visitors per day. C. Utilities: Electrical power service, 240 volt and 200 amps, installed by the previous owner, is providing power for the existing modular unit and will be sufficient for any future structures. 3 D. Existing Zoning: Resource Lands -Lower Valley Floor E Referral Agencies: 1. Garfield County Road and Bridge Department: Per instructions from Jake Maul with Garfield County during telecon on April 11, 2007, the estimated traffic of 20-30 vehicles per day to the site would have minimal impact and would not require a traffic study. The county will require a 40' X 20' 4" thick asphalt apron off of County Road 246 on the access road to the "Facility" and that a stop sign be installed per County requirements where the "Facility" access road enters County Road 246. 2. Grand Valley Fire Protection District: Chief Rob Ferguson was contacted on April 17, 2007 regarding Fire Protection requirements for the proposed "Facility". He advised that a 2500 gal water storage is required at the proposed "Facility" for fire suppression. In addition, he advised that Garfield County Planning and Building would contact him once the SUP was submitted for comments and recommendations. 3. Colorado Division of Wildlife: Parachute District CDOW office J. T. Romatske was alerted on April 11, 2007 regarding the proposed facility but has not responded at this time. 4. Garfield County Vegetative Management: Steve Anthony was contacted on April 17, 2007 and he advised that noxious weed control would be required and he would review the site rehabilitation plan once this SUP was submitted to Garfield County Building and Planning Department.. 4 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 2: Water and Wastewater: A. "Legal and Adequate" Water for Proposed Use American Soda. L.L.P. a Colorado limited liability partnership, acquired legal rights to 200 acre-feet of water from the Colorado River under contract CW 99-14 for a period of 40 years commencing Nov 19,1999. (Exhibit # 1) Williams Production RMT Co, ("Williams"), acquired all rights, title and interest under the subject contract from American Soda on April 2, 2004. (Exhibit # 2) Williams is current on its obligations under the above contract having paid for the water year beginning July 1, 2007 and ending June 30, 2008. (Exhibit # 3) Per Recital 4 of above contract, Williams will use water from the above contract for its "industrial purposes". Since the proposed "Facility" supports industrial "purposes", Williams can use water at this site. Williams has sufficient water from this contract to supply the needs of the "Facility" which is 100 gal/day or .11 acre-feet/year. An 1800 gal cistern, installed by previous owner, will be filled as needed with water transported to the site by truck. Williams' personnel at the site will monitor the water volume daily and will have the cistern refilled as needed. Bottled water will be provided at the site for drinking purposes. Williams will install a pump at the cistern capable of producing 5 GPM and a pressure system to provide water for the rest room facility located in the 14X66 modular unit. It is concluded that the well is capable of producing sufficient volumes at a sustained rate to meet the requirements for the previously installed ISDS system. B. Waste Water: The proposed 14' X 66' modular unit will contain one (1) ADA bathroom with sink and stool. (Exhibit # 4) Waste water discharge from the trailer will be connected to the existing septic and leach field installed by the previous owner and inspected by the county in 1999. (See Exhibit # 5) 5 According to Jeff Kehr of Garfield County Building and Planning during a personal visit on April 9, 2007, the subject septic system and leach field would be able to handle 450 gal/day of wastewater. Using this rate, the ISDS could handle an office with 30 people based on a rate of 15 gallday of waste water generated per person. Williams estimates no more than 3 people would work at the "Facility°' all of the working day resulting in a water usage of 45 gal/day. For design purposes, Williams assumes the water usage will be 100 gal/day or .11 acre-feet/year. 6 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 3: Site Plan/Map: See Exhibit # 6 Requirements of Paragraph 4: Vicinity Map: See Exhibit # 7 Williams Production RMT Company Application for Special Use Permit Ruiison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 5: 1. Appropriate Portion of Garfield County Assessor's Map: See Exhibit # 8 2. Adjacent Property Owners: The following are the public and private landowners and their addresses who own property adjacent to or within 200' of the subject property on which the proposed "Facility" will be constructed. Parcel 2175-301-00-021 (Subject Property) 2175-194-00-961. 2175-301-00-022 2175-301-00-056 Owner Address Williams Production RMT Co 1515 Arapahoe St Tower 3, Suite 1000 Denver, Co 80202 Bureau of Land Management P. 0 Box 1009 Glenwood Springs, Co 81602-1009 Genevieve Clough P. 0 Box 687 Rifle, Co 81650 Todd Peters P. O. Box 2009 Rifle, Co 81650 The owners of the mineral rights and their addresses for the subject property are as follows: Tract: Owner: NW/4 NW/4 Sec 29 T6S, R 94W 38.66 acres Genevieve Clough P. O. Box 687 Rifle, Co 81650 8 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 6: A. Copy of Deed: Exhibit # 9 The Warranty Deed dated January 31, 2001 conveys the subject property from Joseph G. Gottschalk and Linda Gottschalk, as tenets in common, to Barrett Resources Corporation. Please note Williams Production RMT Co is successor in interest to the subject property by its acquisition of Barrett Resources Corporation, A Delaware Corporation. B. Legal Description: Exhibit # 10 Requirements of Paragraph 7. Not required as SUP Application was prepared by Williams Production RMT Co. 9 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 8: Impact Statement pertaining to 5.03 of the Zoning regulations; 5.03.07 1(A) Lawful Use of Water 1. A Stormwater Management Plan for the "Facility", dated 4/13/07, has been prepared by Williams EHS staff and is included as Exhibit # 11. 2. Spill Prevention Control and Countermeasure Plan: Note: Not required for this project as there will not be any materials stored at the Facility that would require an SPCC plan. 3. Domestic Water System: As was discussed in requirements of Paragraph #1, water for the restroom will be trucked to the site and bottled potable water for human consumption will be provided at the '"Facility" 5.03.07 1(B) Impact on Adjacent lands 1. Vapor: There is no vapor anticipated from operations of the "Facility" 2. Dust: To eliminate dust during the construction at the site, water will be sprayed as needed during construction or when the site is dry prior to surfacing the site with gravel. 3. Smoke: No smoke will generated at the "Facility". 4. Noise: Please see Exhibit # 12 on Noise Abatement 5. Glare: Some glare may be generated from windows on the modular structure and windows and mirrors of vehicles entering or exiting the site. There are however, no dwellings or other occupied structures within 500 feet of the "Facility". The nearest structures are in Sec 30 to the west of the proposed "Facility" and are not in "line of sight" of the "Facility". 10 6. Vibrations: No vibration will be generated at the "Facility 5.03.07 1 (C) Impact on Wildlife and Domestic Animals: 1. Wild Life: The CDOW has been contacted but has not responded at this time, 2. Domestic Animals: There have been not domestic animals observed in the immediate area of the "Facility". 5.03.07 1 (D) Impact of Truck and Automobile Traffic: Per instructions from Jake Maul with Garfield County during telecon on April 11, 2007, the estimated traffic of 20-30 vehicles per day to the site would have minimal impact and would not require a traffic study. The county will require a 40' X 20' 4" thick asphalt apron off of County Road 246 on the access road to the "Facility" and that a stop sign be installed per County requirements where the "Facility" access road enters County Road 246. It is William's opinion that these traffic loads are insufficient to have any measurable impact on this area of the County. 5.03.07 1 (E) Impact on Abutting Property: All structures located at the "Facility" will be located no less than 100 feet from any property line. The property on which the "Facility" would be located abuts the following properties: 1. To the north and east by 200- acres tract owned by Genevieve Clough, This property contains no dwellings and is currently used for natural gas extraction. 2. To the south is the Highway 70 Corridor. 3. To the West is a 59.31 acre tract owned Todd Peters. It contains a single family residence and another structure. The "Facility" can not be seen from the residence. 4. To the Northwest is 280 acre tract owner by the BLM and is currently used for natural gas extraction. 11 The adjacent uses include vacant land, residential, and natural gas extraction. All of the surrounding properties are zoned Resource Lands. 5.03.07 2 (A) Site Rehabilitation Plan The site rehabilitation will be minimal for the foreseeable future as it will be used by Williams or its successors to support the production from the natural gas wells in the immediate area which will likely produce for another 20-30 years. At the time the existing and or proposed structures are removed from the site, the ground will be recontoured to the natural surroundings, water runoff control measures implemented, and the entire disturbed area reseeded with an appropriate seed mix. 12 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirements of Paragraph 9: 5,03.08 (1) Volume of Sound: The proposed "Facility" will no have permanent equipment on-site that would produce noise above the state decibel Limits. See Exhibit # 12 regarding Noise Abatement. The "Facility" has been scheduled to operate during normal working hours (7:00 AM to 5:00 PM) seven (7) days per week. 5.03.08 (5) Storage of Flammable Materials: There will be no flammable material stored at the "Facility". Site Access: Site access will be provided as required per the Grand Valley Protection District. Fire Extinguishers: Fire extinguishers will be installed throughout the building, as located by the Grand Valley Fire Protection District (GVFPD). Fire Department Walk -Through: A walk-through will be scheduled with the GVFPD prior to occupancy of the modular unit. 5.03.08 (5) (B) Fence Enclosure. Williams does not plan to fence the facility. 5.03.08 (5) (C) Security of Materials and Wastes As a part of Williams E, H &S policies, notation is made to securing all loose materials and trash so these items are not distributed about during high winds. All trash will be deposited in secure trash receptacles and transported to an approved land fills as needed. Any trash inadvertently allowed to blow off-site will be retrieved by Williams and disposed of properly. 13 5.03.08 (5) (D) Storage of Heavy Equipment: Except during the initial site preparation and setting of the modular unit, no heavy equipment will be stored at the "Facility". 5.03.08 (6) Water Pollution: See Storm Water Management Plan see Exhibit #11. 14 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Requirement of Paragraph 10: Williams has signed the "Agreement for Payment'' and has attached a check in the amount of $400.00. Requirement of Paragraph 11: 2 copies are submitted. 15 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado List of Exhibits 1. Water Supply Contract CW 99-14 2. Assignment of Water Supply Contract 3. Invoice for Water Year 7/112007 -- 6/30/07 4. Modular Unit Floor Plan 5. Individual Sewage Disposal Permit 6. Site Plan/Map 7. Vicinity Map 8. Garfield County Assessor's Map of Area around "Facility" 9. Warranty Deed 10. Legal Description of Property 11. Storm Water Management Plan 12. Noise Abatement 13. Photos of the Proposed "Facility" and access roads. EXHIBIT # 1 Water Supply Contract CRWCDNO. c9-i4— WATER SUPPLY CONTRACT This Contract is made between the Colorado River Water Conservation District (herein the „River District"), a political subdivision of the. State of Colorado acting by and through its Colorado River Water Projects Enterprise and American Soda, L.L.P., a Colorado limited liability partnership (herein "Contractor") effective as of the date of the River District's execution hereof indicated below. Recitalq A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46-101, etsect. (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Kremmling, Colorado, having obtained necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") and permits from governmental agencies and the River District will be entitled to deliveries of water from Ruedi Reservoir under its anticipated Contract with the U.S. Bureau of Reclarnation. C. The River District's Board of Directors has adopted a Water Marketing Policy by Motion dated December 1, 1995 and revised July 22, 1998, January 20, 1999, and October 20, 1999 to provide for the use of water available from the River District's sources of supply pursuant to contracts, and that Water Marketing Policy is to be implemented through the River District's Water Projects Enterprise. D. Contractor has a need for wholesale water service, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process, in the amount of two hundred (200) acre feet annually for municipal and industrial purposes which beneficial uses will be accomplished by Contractor generally in the vicinity of the confluence of Parachute Creek with the Colorado River by surface water diversions from or within the Colorado River drainage. E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology Assumptions" which are part of that Policy and is satisfied, based on its review and investigations, that Contractor legally and physically can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and. the Project's permits and decrees. Definitions In this Contract certain terms will have definitions as stated below: • The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital No. 1 and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors dated July 18, 1995. • The "Project" means the River District's "Colorado River Supply" from Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283 and 95CW281, District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District in Case No. 98CW237 or other cases, and the River District's anticipated contractual right to water deliveries from Ruedi Reservoir. • "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any with right decreed for irrigation purposes, which uses are made on a parcel of land of at least ten acres. • "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations, homeowners associations, or other entities for domestic, municipal, and miscellaneous related purposes as those terms are traditionally and commonly construed, including the use of water for purposes of producing or processing a nonagricultural product or service for sale, including without limitations, such uses as manufacturing, mining, milling, land reclamation, golf course irrigation, snowmaking, and nonhydroelectric power generation; and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. "'Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is 200 acre feet of Colorado River Supply available during each Project Year during the term(s) of this Contract, subject to the provisions hereof, for Contractor's use without right of carryover of any amount riot used in any Project Year. -2- • "Project Year" means a period of time from July 1 through and including the subsequent June 30. • "Water Marketing Policy" means the River District's policy statement dated December 1, 1995 as the same was revised on July 22, 1998, January 20, 1999 and October 20, 1999 and may be amended in the future. Agreements The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. 1. River District Water Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor, the River District will make releases for Contractor, based upon Contractor's written schedule of anticipated demand, adjusted as necessary by the ongoing status of river administration vis-a-vis the priority status of Contractor's diversions. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall be subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. c. Water Measurements. The River District shall measure at the outlet works of the Contracted Water's sources of supply all Contracted Water delivered from the account of Contractor and shall notify the Division Engineer of Colorado Water Division No. 5 of the date, time, amount of release of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. -3- e. Maintenance of Facilities. The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractors nonpayment for Contracted Water or arty other breach of this Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach. g Delivery from Alternate Source. The River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use hereunder, provided that any such alternate releases shall not diminish the supply of Contracted Water or impair Contractor's legal or physical ability to make use of Contracted. Water or to meet its obligations under any judicial or administrative approval described in paragraph 2.d. 2. Contractor's Water Use Obligations and Responsibilities. a. Scheduling of Use. Contractor has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the upcoming Project Year on or before June 1 annually. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District or as necessary in response to river administration of the Contractor's diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not be needed by it during any particular Project Year. The Contractor shall update said schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. b. Carriage Losses. Contractor shall bear carriage losses, either five percent of delivery or such other amount as is determined by the Division Engineer for Colorado Water Division No. 5, from the point of delivery of Contracted Water to Contractor's point(s) of use and/or exchange or augmentation. c. Use Per Contract and. Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. -4- d. Legal Approvals. Contractor shall at its sole expense adjudicate a plan or plans for augmentation or exchange andlor secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. if Contractor intends to make any such applications for any augmentation or exchange plan(s) or substitute supply plan(s), Contractor shall submit the proposed application to the River District at least 30 days before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or filed, and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co - applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractor's use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Contractor shall not sublet, sell, donate, loan or otherwise dispose of any of its rights to this Contract or to Contracted Water without written notice to and the prior written approval of the River District. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, or a permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water, or where the transfer is made to an entity such as a homeowners' association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. f. Contractor's Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on form(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees andlor administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting andlor verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and informed officers or agents. -5- Contractor's Payments. a. In addition to the application fee already paid by Contractor, in order for the River District's delivery obligation to become effective immediately Contractor shall pay to the River District on the execution of this Contract the total sum of $21,000, being $105.00 for each acre foot of Colorado River Supply (the Contracted Water), for the first partial Project Year (July 1999 - June 2000). In the alternative, by giving the River District written notice upon execution of this Contract, Contractor may defer delivery rights and obligations until the next Project Year (July 2000 through June 2001) provided that Contractor pays such sum on or before April 1, 2000. Thereafter, on or before April 1' of each year Contractor shall pay to the River District that amount, or the adjusted amount as provided below, for the upcoming Project Year. b. It is understood that the base price of $105.00 per acre foot of Colorado River Supply Contracted Water includes an amount charged for Project operation and maintenance ("O&M") in the amount of $20.00. On April 1, 2003 and every five years thereafter that O&M charge shall be adjusted based on the cumulative change in the Boulder - Denver Metro Area Consumer Price Index ("All Items") and Contractor's subsequent annual payments for Contracted Water shall be adjusted accordingly. 4. Contract Term. a. Subject to the provisions of subparagraph 6.b below, the initial term of this Contract shall be for a period of up to forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial term and subject to the provisions of subparagraph G.b below, Contractor shall have the right to renew this Contract for a secondary term of thirty-five (35) years, which shall commence upon the expiration of the initial term. If Contractor desires to so renew this Contract, it shall provide the River District written notice of its intention to do so at least ninety (90) days prior to the expiration of the initial term of this Contract. Thereafter, and prior to the expiration of the initial term, the River District and Contractor shall execute a supplemental. agreement of renewal in a form mutually acceptable to the River District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. -6- c. Upon renewal, the following terms of this Contract shall be subject to renegotiation: (1) The charge for and adjustment of operation and maintenance may be increased or modified based upon the adequacy of the charge and its modification under this Contract to cover the River District's operation and maintenance costs actually experienced during the initial term. (2) The need or appropriateness of any conservation plan concerning Contractor's use of Contracted Water as determined by the River District. 5. Water Shortage. In the event that the River District is unable, because of either legal or physical reasons, to deliver any or all of the full amount of water contracted from the Project, including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. 6. Contract Termination. a. Termination by River District. (1) The River District may terminate this Contract for any violation or breach of the terms of this Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within 30 days after receiving written notice from the River District of such breach. (2) The River District also may terminate this Contract if, in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above, threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits, or other interests associated with the Project. (3) The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. -7- Termination by Contractor: (1) Contractor may terminate this Contract in its entirety for any reason by giving the River District at least thirty (30) days advance notice prior to the due date of Contractor's next annual payment. (2) Every fifth year after the year in which this Contract is executed, Contractor may partially terminate this Contract as to the amount of Contracted Water by giving the River District at least 30 days advance notice prior to the due date of Contractor's next annual payment. Partial tennination by Contractor shall not exceed more than fifty percent (50%) of the amount of Contracted Water which is then under contract. (3) Within thirty (30) days of final approval of the Water Court application. contemplated by paragraph 2.d, Contractor may by written notice to the River District partially terminate this Contract as to the amount of Contracted Water which is not needed under that approval. c. Notice of Termination to Affected Officials. The River District will notify the Division Engineer and any other appropriate governmental officials of any full or partial contract termination except for any partial termination under subparagraph 6.b(3). 7. Miscellaneous/Standard Provisions. a. Notices. (1) All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: River District: Colorado River Water Conservation District P. O. Box 1120 201 Centennial Street, Suite 204 Glenwood Springs, Colorado 81602 Attention: Secretary / General Manager -8- Contractor: American Soda, L.L.P. 710 Cooper Avenue, Suite 300 P. O. Box 2070 Glenwood Springs, Colorado 81601 Attention: General Manager (2) Either party may, by written notice given in accordance with this provision, change the address to which notices to it shall be mailed or delivered. b. Nondiscrimination. Contractor shall not discriminate in the availability or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or natural origin or any other criteria prohibited under state or federal law. Amendments. No amendment, modification, or novation of this contract or its provisions and implementation shall be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. DATE: 4/4/ 49/ /7,) ATTEST: Richard Eric Kuhn Secretary 1 General Manager COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterpri se -9- AMERICAN SODA, L.L.P. 13y ielsen eneral Manager VERIFICATION STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before ane by Paul J.Ohri as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this 10—day of o ,J -f 1999. Witness my hand and official seal. My Commission Expires: „Notary Public MY COMMISSION DARES APRIL 1, 2003 -10- STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kiihn, as Secretary / General Manager, of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this 2.40-4 day of f Uen tr 1999. Witness my hand and official seal. My Commission Expires: STATE OF COLORADO COUNTY OF GARFIELD ary Public CummiSSIQN EXPIRES APRIL 1, 2003 CalcS? D0 ) ss. Ac -ie 1 tD The foregoing Water Supply Contract was subscribed and sworn to before me by Kurt Nielsen, General Manager of American Soda, L.L.P. this Ce day ofmite lam' i 1999 Witness my hand and official seal. My Commission Expires: 511 \ g°°;- -11 - Notary Public EXHIBIT # 2 Assignment of Water Supply Contract CW99-I4 ASSIGNMENT OF CONTRACT FOR VALUE RECEIVED, American Soda, LLP (Assignor) hereby assigns, transfers and sets over to Williams Production RM1' Company (Assignee) all rights, title and interest held by the Assignor in and to the following described contract: Water Supply Contract with Colorado River Water Conservation District, No. CW99-14, dated November 18, 1999. The Assignee hereby assumes and agrees to pay and perform all the remaining and executory obligations of the Assignor under the Contract and to comply with all terms of the Contract. The Assignee hereby agrees that the Contracted Water shall be used in accordance with the terms of the Contract and the Colorado River Water Conservation District's Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. The Assignor warrants and represents that said Contract is in full force and effect and is fully assignable. The Assignor warrants that it has full right and authority to transfer said Contract and that the contract rights herein transferred are free of lien, encumbrance or adverse claim. The Assignor further warrants that the Contract is without modification, and remains on the terms contained. This Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. Pursuant to paragraph 7.a.(2) of the Contract, the new name, address, and telephone number for notices shall be: Williams Production RMT Company Steven J. Soychak, District Manager 1058 County Road 215 P. O. Box 370 Parachute, CO 81635 Phone: (970) 285-9377 Fax: (970) 285-9573 This Assignment is conditioned upon the consent thereto by the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise. This Assignment shall be deemed effective upon the date of execution ofa Consent ofAssigrunent by the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise. Assignment of Contract Page 2 of 2 Date: biNci Date: AMERICAN SODA, LLP By: C Charlie Yates, Ge an ger CW99-14 WILLIAMS PRODUCTION RMT COMPANY By: Steven J. Soych District ' 1 ager CONSENT OF ASSIGNMENT The Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise, as a party to Water Supply Contract No. CW99-14, dated November 18, 1999, hereby consents to the assignment of the rights and obligations of American Soda, LLP (Assignor) under said Contract to Williams Production RMT Company (Assignee), subject to the terms and conditions stated above. Date: A NEST: iz/121/0Y- R. Eric Kuhn, General Manager COLORADO RIVER WATER CONSERVATION DISTRICT, acting by and through its Colorado River Water Projects Enterprise: By: f Step -n M. Mathis, President Vu EXHIBIT # 3 Invoice for 2007 Water Year f 'CRWCO - ENTERPRISE FUND SUITE #200-201 CENTENNIAL ST. P.O. BOX 1120 GLENWOOD SPRINGS, CO 81602-1120 Bili To: WILLIAMS PRODUCTION RMT COMPANY STEVEN J SOYCHAK, DIST.MGR PO BOX 370 PARACHUTE, CO 81635 Invoke Contract No.: CW 99-14 Invoice No.: 602 Invoice Date 03/01/07 Due April 1, 2007 C uani+t y Contracted acre feet Item Number At -1101.1111 230 COM! Colorado MBI Wholesale Water 200 COOM Colorado O&M Effective 07/01/2003 Invoice subtotal Invoice total For Water Year Beginning 07/01/2007 and Ending 06/30/2008 85.00 25.00 Pursuant to paragraph 6.a.(1) of the above contract, the River District may terminate this contract due to failure to pay the amount due under this Contract by April 30, 2007. % - Scuo - \‘‘)0A -QA- lAcua1/4e,06e? MAR 1 6 .007 Thank Y©u COLORADO RIVER WATER CONSERVATION DISTRICT 970-945-8522 FAX 970-945-8799 17000.00 5000.00 22000.00 22000.00 EXHIBIT # 4 Modular Unit. Floor Plan (Floor plan rnay vary) USGS82016:01 :WO91:ET LOW -LT -dad EXHIBIT # 5 Individual Sewage Disposal Permit 1 • • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit N: 2 4 5 f3 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 INDIVIDUAL SEWAGE DISPOSAL PERMIT PROPERTY Owner's Name _ Linda Gottschalk Present Address Hol[ 1322 ■ Rifle system Location__ a 4 3 1 County Road 246, Rifle Assessor's Parcel No. This does not constitute a building or use permit. Phone_ 625-5108 Legal Description of Assessor's Parcel No. - 1 l?i V t- t; m C r+ - SYSTEM DESIGN -t I_ C +ar k - C 14 it, s..c i1 E . L _ t C 1? L( () I.. + ,) 1 rr T r1 k t' C I{ i .,! 3 {/ U tx O SepIiC Tank Capacity (gallon) _Other 1/IC' Percolation Rate (minuteshnchy Number o1 Bedrooms (or other) 3 Required Absorption Area - See Attached Special Setback Requirements Date 1 0 J- 1. - cL Inspector FINAL SYSTEM INSPECTION AND APPROVAL (as installed) CaII for Inspection (24 hours notice) {4 Before Covering Installation System installer L _ 0[ I E. + Septic Tank Capacity r S 0 0 _ Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface 1- C 0_ Absorption Area CO P L t. N./ AhJ10 Absorption Area Type andror Manufacturer or Trade Name +L 0 ( k- L C AC 1-! - 6 Adequale compliance with County and State regulations+requirements Other Date 'J �- (., C4 _ ` Inspector __ _ _"o-J+f (S RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SfTE 'CONDITIONS: 1 All installation must comply with all requirements of the Colorado State Board of Health Ind dual Sewage Disposal Systems Chapter 25. Article 10 G R.S. 1973, Revised 1984. 2 This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling orstructures not approved by the Building and Zoning off ice shall automatically be a violal ion or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who conelructs, alters, or installs an Individual sewage disposal eyatem Ina manner which involves a knowing and material variation from the terms or specifications contained In the application of permit commits a Class I. Patty Oflenae (5500.00 line --- 6 months In Jail or both). Applicant: Green Copy Department. Pink Copy t .e INDIVIDUAL SEWAGE DISPOSAL SYSTEM APPLICATION OWNER no. p°` SGh A I ADDRESS riS IPA iLQDA0 1Que i j- a[, PHONE totDS i0 R CONTRACTOR ADDRESS PHONE PERMIT REQUEST FOR (►,.,)'fNEW INSTALLATION () ALTERATION () REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test holes, soil profiles in test holes (See page 4). LOCATION OF PROPOSED FACILITY: COUNTY Near what City or Town /21 ('[- Lot -- Legal Description - - WASTES TYPE: (4 Dwelling () Transient Use ( ) Commercial or Industrial ( ) Non-domestic Wastes ( ) Other - Describe BUILDING OR SERVICE TYPE: H G[ 5 Number of bedrooms: .3 Number of persons 3 (v'j'Garbage Grinder (Automatic Washer (.-1 ishwasher SOURCE, AND TYPE OF WATER SUPPLY• j WELL () SPRING () STREAM OR CREEK Give depth of all wells within 180 feet of system: If supplied by communtiy water, give name of supplier: 'i1) GROUND CONDITIONS: — Depth to bedrock: — Depth to first Ground Water Table: Percent Ground Slope: /2' DISTANCE TO NEAREST COMMUNITY SEWER Was an effort made to connect to community system? i SYSTEM • % r*, r. It; /4 - TYPE OFJNDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: (!1j Septic Tank ( ) Aeration Plant ( ) Vault Privy ( ) Composting Toilet ( ) Pit Privy ( ) Incineration Toilet ( ) Chemical Toilet ( ) Other - Describe: FINALPOSAL BY: (VI Absorption Trench, Bed or Pit ( ) Underground Dispersal ( ) Above Ground Dispersal ( ) Other - Describe: ( ) Vault ( ) Recycling, potable use ( ) Recycling, other use ( ) Evapotranspiration ( ) Sand Filter ( ) Wastewater Pond WILL EFFLUENT BE DISCHARGED DIRECTLY INTO WATERS OF THE STATE? idb PERCOLATION TEST RESULTS: (To be completed by Registered Professional Engineer) Minutes Minutes per inch in hole No. per inch in hole No. 2 Minutes per inch in bole No. 3 Minutes per inch in Hole No. Name, address and telephone of RPE who made soil absorption tests: Name, address and telephone of RPE responsible for design of the system: Applicant acknowledges that the completeness of the appliction is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to inusre compliance with rules and regulations adopted under Article 10, Title 25, C.R.S. ] 973, as amended. The undersigned hereby certifies that all statements make, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to bre relied on by the local department of health in evluating the same fro purposes of issuing the permit applied for herein. 1 further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Signed )dtr-c-,car_,L Date (19 ` - a PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY Include by measured distance location of wells, springs, potable water supply lines, cisterns, buildings, properly lines, subsoil drains, lake, water course, stream, dry gulch and show location of proposed system by direction and distance from dwelling or other fixed reference object, and additional submissions in support of this application such as data, plans, specifications statements and commitments. ,4 77/9c ifK73 EXHIBIT # 6 Site Plan/Map EXHIBIT # 7 Vicinity Map Rulison Industrial Support Facility Regional Map April 3, 2007 Legend Road Facility Area 0 0.125 0.25 0.5 Miles Williams Exhibit # 8 Garfield County Assessor's Map Of Area Around proposed"Facility" EXHIBIT # 9 Warranty Deed 1111111111111111111111111111111111111111111111111111111 175609 0210112001 11.4F4A 61229 P121 h ALSaOPF 1 of 4 9 20.00 0 39.0E GARFIELD COUNTY 00 GENERAL WARRANTY DEED (Stannory Form C.R.S. § 38-30-113) L7F t.cao 17;: JOSEPH C. GOTFSCHALK and LINDA GOTTSCHALK, as tenants in common, whose street address is 0431 County Road 246, Rifle, Colorado 81650, County of Garfield, State of Colorado ("Grantor') for good and valuable consideration, in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby sell and convey to BARRETT RESOURCES CORPORATION, a Delaware corporation, whose street address is 1515 Arapahoe Street, Tower 3, Suite 1000, Denver, Colorado 80202, City and County of Denver, State of Colorado ("Grantee"), the real property in the County of Garfield and State of Colorado, to -wit: See Exhibit A attached hereto and incorporated herein by this reference with all its appurtenances, and warrant title to the same subject to the lien for general real property taxes for 2001 due and payable in 2002 and subject to those matters described on ):xhibit E3 attached hereto and incorporated herein by this reference. Signed this S / day of January, 2001. Loa 1- •-•,?(t‘i441 oseph C. Gottschalk /� 3/,Pet �'4JixatiaK �jt Rp kntl� � i� �y Pet4,id/. ) Linda Gottschalk by Sharon May OrIandird, 1,1 at -a , } art - her attorney-in-fact STATE OF COLORADO ) ((��� ) COUNTY OF rt' )ss. The foregoing General. Warranty Deed was acknowledged before me this g day of January, 2001, by Joseph C. Gottschalk. Witness my hand and official seas. My commission expires: 1- V3 Mr091 opeyrt, 3R :091 '$4.v -. lid i CAROL a,t.. SLAT tJ1Al1 of -A\ Notary Public d 1_e_+znid tib l m 5� risno v a 1111111111.121111,1114111!.111.1111.1E111,17111,1,11111111111 S73I . 2 of 4 R 2b. D 39.11 S GRIFIELD COUNTY Co STATE OF MICHIGAN ) FF y ss. COUNTY OFe,.N%ni rih I The foregoing General Warranty Deed was acknowledged before me this 42 day of January, 2001, by Shannon MayOrlandmi. as attomey-in-fact for Linda Gottschalk. Witness my hand and official seal. My commission expires; ' f q - 2C0 3 RENE WALTER Pzt1c, tisur7;l i Como, Hi Mi Gartri son aures 07/%2003 0„tk,4j No Public Exhibit #10 Legal Description of Property 1 11111111(111111111111HUH IMI 1Il 1111111111111 575609 02/01/2001 11°44R 61229 P727 M RLSOORF 3 of 4 R 20.00 0 39.00 GARFIELD COUNT/ CO EXHIBIT A Legal Description Township 6 South, Range 94 West of the 6'1' P.M. Section 29! All that part of the NW 14 of the NW t4 lying northerly oldie northerly line of interstate 70, said line described in Rule and Order recorded July 6, 1982 in Book 602 at Page 597 of the real property records of Garfield County, Colorado Together with a non-exclusive right to use, for ingress, egress and utilities, an Access Easement as described in the Deed recorded June 7, 1995 in Book 943 al Page 315 of the real property records of Garfield County, Colorado Also known by street and number as' 0431 County Road 246. Rifle, C'olorado 8.l65O 1 11E11 11111 111111 1111 111111111111111 11111 1111 878808 82/01/2002 11:/4A 81229 P728 M ALSDORP 4 of 4 R 20.80 D 39.00 GARFItLO COUNTY CO EXHBIT B Permitted Exceptions Right of the proprietor of a vein or !ode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States. Patent recorded July 25. 1925 in Book 112 at Page 429 as Reception No_ 92203. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded July 25, 1925 in Book 112 at Page 429 as Reception No. 92203. 3. Terms, agreements, provisions, conditions, and obligations of Deed recorded March 28, 1974 in Book 457 at Page 207 as Reception No. 262332. 4. Terms, agreements, provisions, conditions, and obligations of Resolution No. 82-277 recorded November 10, 1982 in Book 612 at Page 339 as Reception No. 334310. 5. Terms, agreements, provisions, conditions. and obligations of Easement Contract recorded April 13. 1995 in Book 937 at Page 294 as Reception No. 476647 6_ Terms, agreements, provisions, conditions. and obligations of Deed recorded June 14, 1995 in Book 943 at Page 854 as Reception No. 479351. 7. Terms, agreements, provisions, conditions, and obligations of Deed recorded September 26, 2000 in Book 1209 at Page 168 as Reception No. 569846 and Deed recorded September 26, 2000 in Book 1209 at Page 169 as Reception No. 569847. EXHIBIT # 11 Storm Water Management Plan Exhibit # 11 Storm Water Management Plan Rulison Industrial Support Facility NW/4 NW/4 Sec 29 T6S R94W Garfield County, Colorado Prepared April 13, 2007 1. Facility Location: The Rulison Industrial Support Facility, physical address @ 431 County Road 246, is located Y, mile north of and Ya mile east of the 170 County Road 246 intersection. 2. Facility Size: The construction activities associated with the proposed "Facility" will disturb approximately 2 acres, the majority of which was disturbed by previous owners during the construction of a home and out buildings in 1999. 3. Site Description: The proposed "Facility" will be constructed on a pre existing home site. The natural terrain surrounding the "Facility" slopes gently to the south and is covered with sage brush, some grasses and sporadic junipers. There is an intermittent stream 200 feet west of the site than drains to the south and slightly lower in elevation than the site. There is also an old "ditch" approximately 50' west of the site that is partially filled in and well revegatated. 4. Construction Site Characteristics: The existing structures are located approximately at the site of the previous owners' residence. The area was disturbed during the construction of the home site and was further leveled and a minimum of 6" of 3"minus gravel applied prior to the setting of the existing modular unit in 2006. This graveled area is approximately 120 ` X 300'. 5. Construction Activities: The existing modular unit and storage structures will be moved offsite and the site will be enlarged to 200' X 300' using conventional cut and fill earth moving techniques. The site will then be graded so that storm water from the pad will flow to the northern and western edges of the pad. (See Exhibit # ) A burrow ditch will be constructed along the toe of the pad on both the north and west sides. Runoff will then be collected in the ditches and directed to a setting pond. The shallow settling pond will be constructed at the northwestern corner of the pad. The pond will be approximately 12'X 12' X 3' and will have a 6" overflow pipe installed that will allow the water to be released back into the naturally vegetated terrain below the pond once sediment has settled out of the water. 6. Operational Activities following Construction Phase: Williams' onsite personnel will monitor the collections ditches and the settlement pond for trash and silt build up and clean as necessary. Immediately following a storm event, Williams personnel or assigned contractors will inspect the site for any damage and bring the ditches andlor settlement pond into compliance. EXHIBIT # 12 Noise Abatement Exhibit # 12 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW/4 Sec 29, T6S, T94W Garfield County, Colorado Noise Abatement The existing and proposed structures will not have permanent equipment on-site that would produce levels above the state decibel limits. During construction of the pads and movement of the modular units as well as during the normal operations of the facility the following criteria will be applied: Noise emanating form the site shall be required to meet the noise statutes set forth in Colorado Revised Statues 25-12-103 (5). The Colorado Revised Statutes require the following: "Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty- five feet or more there -from in excess of the db(A) established for the following time period and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 AM to next 7:00 PM 7:00 PM to next 7:00 AM Residential 55 db (A) 50 db (A) Commercial 60 db (A) 55 db (A) Light Industrial 70 db (A) 65 db (A) Industrial 80 db (A) 75 db (A) The applicant will meet the requirements set forth by state law. During the construction phase, the project will operate during normal working hours from 7:00 AM to 5:00 PM Monday through Friday. During operations of the facility following construction, normal operating hours will be 7:00 AM to 6:00 PM. I e A e 1 i Rulison Industrial Support Facility Date Prepared: April 3, 2007 Date Revised: April 17, 2007 Legend 0 Power Panel Facility Area Fence Power Line Road PropertyBoundary fl 30 60 120 Feet