HomeMy WebLinkAboutApplicationGarfield County
Community Development Department
108 8"' Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countycom
OF GRADING
NOB
INVOLVED PARTIES
XMINOR
Property Owner: Ursa Operating Company for Dixon Water Foundation Phone: ( 970 ) 625-9922
Mailing Address: 792 Buckhorn Drive, Rifle, CO 81650
Contractor: Ursa Operating Company
Phone: ( 970
) 625-9922
Mailing Address: 792 Buckhorn Drive, Rifle, Co 81650
Architect: N/A
Phone: (
Mailing Address:
Engineer: N/A Phone: (
Mailing Address:
PROJECT NAME AND LOCATION
Project Name: Valley Farms 0 Pipeline
Describe Work: Construct water and gas pipelines in co -located trench to serve the
Valley Farms 0 well pad. The pipelines will transport water and gas from the well
pad to the tie-in point.
Job Address: SESE Section 10, Township 6 South, Range 92 West, 6th PM
Off of County Road 331
Assessor's Parcel Number:
2179-114-00-114
Sub. Lot Block
Earthwork (square feet): 13,000 Earthwork (Cubic Yards): 1,900
ALL UTILITIES MUST BE LOCATED PRIOR TO ANY GRADING
NOTICE
Authority. This application for a Building Permit must be signed by the Owner of the property, described above, or
an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the
Owner, must be provided with this Application.
Weal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for
purposes of inspections by the Building Division.
Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County OWTS Permit,
(3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or
a State Wastewater Discharge Permit.
Void Permit. A Building Permit becomes null and void if the work authorized is not commenced within 180 days of
the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement.
CERTIFICATION
1 hereby certify that I have read this Application and that the information contained above is true and correct. I
understand that the Building Division accepts the Application, along with the plans and specifications and other
data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming
completeness of the submittals and approval of this Application, a Building Permit will be issued granting
permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the
Building Division. In consideration of the issuance of the Building Permit, I agree that I and my agents will comply
with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, OWTS
regulations and applicable land use regulations (County Regulation(s)}. I acknowledge that the Building Permit
may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s)
and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law.
I hereby grant permission to the Building Division to enter the property, described above, to inspect the work. I
further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1)
requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction
or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law.
Review of this Application, including submittals, and Inspections of the work by the Building Division do not
constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the
Owner, i acknowledge that responsibility for compliance with federal, state and local laws and County Regulations
rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or
builder.
I hereby acknowledge that 1 have read and understand the Notice and Certification above as well as
have
provided the required information which is correct and accurate to the best of my knowledge.
Propelyuwner Print and Sign
f/ AST
Date
OFFICIAL USE ONLY
Special Conditions:
4 o2.-/(1.- 40 3Y'
Permit Fel: ff ��jj Ob
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Mist Fees:
JIv F,
hermit:
Total Fees: d p
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Fees/ Paid: op
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Balanced eb0
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Grading
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Zoning:
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20110
BUILDING / PLANNING DIVISION
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. pproval
dIV.
Date
ba18V `moo•
Project name/operator:
Project general location:
Project acreage:
Pipeline Grading Permit Checklist
2.3
Project length and pipe size: , DD Z 4 -TP_
lqw-)
Bond Amount (must equal acreage x $2500): 2.3 >- 25"to = 575'O
Weed management plan approved by Veg. Management: YX.J)
Property owners including federal lands with easements:
Yme (.3
Engineered sealed plans:
Plan set to county engineer consultant for review: /(4//,/._
State storm water permit:
Any county road cut permits needed: t'
Any land use permits needed based on size or flood plain:,1
Any Corp of Eng. wetland issues:
Original Bond and map to Treasurer's office:
Copy of bond in file:
Map to GIS:
Other:
Pending items/date:
LAINS 2-1
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art.; 2_ !7
111.1 Surety
A divfstan of RU Insurance Company
Know All Men by These Presents:
RI_80016384
POWER OF ATTORNEY
RI,I Insurance Company
That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed
to do business in all states and the District of Columbia does hereby make, constitute and appoint: ROBBIE DUXBURY
in the City of HOUSTON , State of TEXAS , as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to -wit:
$5,750.00
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and
surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise
and settle any and all claims or demands made or existing against said Company.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys -in -Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers•of-Attorney, or other obligations of
the corporation. The signature of any such officer and the corporat= seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to b, executed by its PRESIDENT with its
corporate seal affixed this
ATTEST:•
,.`JPNGE CC
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—o— •
�--- --- -- — :. SEAL, •:
CORPORATE SECRETARY•
State of Illinois
) SS
County of Peoria
RLI INSURANCE COMPANY
PRESIDENT
On this1lthday of F hru 7to 6 befcre me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson wh�J�F'r� F>I} te;
duly sworn, acknowledged mat they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said•,FLI INSURANCE
COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation.
Notary Public
NOTARY
PUBLIC
STATE OF
BLINDS
"OFFICIAL SEAL"
JACQUELINE M. SOCKLER
COMMISSION EXPIRES 01/14/i8
SPA027 (03111}
•
BOND NO. RLB0016384
PERMIT BOND
KNOW ALL BY THESE PRESENTS, That we, Ursa Operating Company LLC as Principal, and
the RLI Insurance Company an Illinois corporation, as Surety, are held and firmly bound
unto Garfield County, Community Development Department, 108 81" St., Suite 401, Glenwood Sorings,CO 81601 as Obligee,
in the sum of Five Thousand Seven Hundred Fifty and No/100 Dollars ($5,750.00 ----) for which sum, well and truly to
be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents
WHEREAS, the Principal has been or is about to be granted, by the Obligee. a Garfield County Grading Permit for re -vegetation on the
Valley Farms 0 Pipeline.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION I5 SUCH THAT if the Principal shall well and truly comply with the
Permit and conduct business in conformity therewith, then this obligation to be void. otherwise to remain in full force and effect, in no
event shalt the liabi ity hereunder exceed th•_ penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1 This obl.gation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to the Obligee,
and the Surety shall be relieved of any further liability under this Bond thirty (30) days after receipt of said notice by the
Obligee, except for defaults occurring prior thereto
2 The term of this Bond shall be from February 11, 2016 to February 11, 2019 .
3 Any claim must be presented in writing. dunng the term of this bond. to RLI Insurance Company, to the attention of Greg E
Chilson. 8 Greenway Plaza. Suite 400, Houston. Texas 77046. Any claims made outside the term of the bond shall be null
and void and of no effect.
4 Surety shall have no obligation to the Principal the Obligee or any other person or entity for any loss suffered by the Principal,
the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the
Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance
5 No right or action shall accrue under this Bond to or for the use or benefit of anyone other than the named Obligee
6. The Obligee will issue a release of this Bond within a reasonable period, but in no instance longer than thirty (30) days after
termination of the Permit.
7. Regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the
Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as
amended by rider.
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 11'" day of February
2016, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned
representative pursuant to authority of its governing body
Ursa O
pe{ ComelyLLC
fr
By 1
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston, TX 77046
Principal
By
Robbie Duxb
Surety-.
`
(' r"' E f
; Attorney-in=Fact'
February 9, 2016
Garfield County
Andy Schwaller
Garfield County Community Development Department
RE: Grading Permit Ursa/Valley Farms - 0 Pipeline
Dear Andy,
Vegetation Management
The Noxious Weed Inventory and Management plan and proposed seed mixes for this project is acceptable.
The provided weed map indicates that the pipeline will be in an area heavily infested with Russian knapweed, the
applicant may want to consider a weed treatment after construction, but prior to seeding.
Staff recommends a revegetation security of $5750 ($2500 per acre x 2.3 acres of disturbance).
The security shall be held by Garfield County until vegetation has been successfully reestablished according to the
Reclamation Standards section In the Garfield County Weed Management Plan. The Reclamation Standards at the date
of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Pian (Resolution
#2002-94).
Please let me know if you have any questions.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
UrsaOPERATING
COMPANY
January 6, 2016
Mr. Andy Schwaller
Garfield County Community Development
108 8'h Street, Suite 401
Glenwood Springs, CO 81601
RE: Valley Farms 0 Grading Permit
Dear Mr. Schwaller,
Per our conversation on February 9th, it was confirmed the minor grading permit submitted on February
4th should be considered a major grading permit.
Please contact me if you have any questions.
Sincerely,
Cari Mascioli
Ursa Operating Company LLC
Regulatory Tech
970-284-3244 (Office)
cmascioli@>ursaresources.com
www.ursaresources.com
(970) 625-9922 Telephone (970) 625-9929 Fax
Robert J. Potts
President
rpotls@dixonwaier org
June 3, 2015
Mr. Fred Jarman
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Agent Authorization for Valley Farms 0 Pad Permitting
Dear Mr. Jarman,
I, Robert Potts, President of Dixon Water Foundation, authorize Ursa Operating
Company LLC to act on behalf of and represent us in all matters related to land use
permitting in Garfield County for the Valley Farms 0 Pad.
Please contact me with any questions you may have.
Surely,
Robert J. Potts
President
Dixon Water Foundation
(432) 729-4600
:C i onWaterFound tion
P.O. Box 177www.dixonwater.org 4528 County Road 398
Marfa, Texas 79843 Decatur, Texas 76234
SURFACE USE AND DEVELOPMENT AGREEMENT
This Surface Use and Development Agreement ("Agreement") is entered into and made
effective this 13 day of December, 2007 ("Effective Date") by and between The Estate of Roger
McFarland Dixon, Deceased, 6060 North Central Expressway, Suite 305, Dallas, Texas 75206
hereinafter called "Owner" and Antero Resources Piceance Corporation, successor in interest to
Antero Resources II Corporation, a Delaware corporation whose address is 1625 Seventeenth
Street, Suite 300, Denver, Colorado 80202, hereinafter called "Operator." Owner and Operator
may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, the Owner owns the surface estate described on Exhibit A located in
Garfield County, Colorado, which is referred to hereinafter as the "Property;" and --
WHEREAS, the Owner (as Lessor) and Operator (as Lessee) have entered into an Oil and
Gas Lease dated August 23, 2004 covering the Property and other lands (the "Lease"), a
memorandum of which is recorded in the real property records of Garfield County, Colorado at
Book 1635, Page 630,; and
WHEREAS, Operator has diligently searched the records of Garfield County, Colorado
to determine the mineral ownership in the Property, and made a good faith effort to sign leases
with every person that Operator has identified as owning a mineral interest underlying the
Property; and
WHEREAS, the Lease and its addenda govern Operator's conduct (as Lessee) of
operations relating to the surface of the Lease, and provide that any pipeline routes, depths of
pipelines, location of well pads and access roads, tank batteries, compression stations, gathering
lines, and any power and telephone lines will be governed by a separate agreement between the
Parties, and this Agreement is intended to satisfy that provision; and
WHEREAS, the Owner has entered into a purchase and sale agreement with various third
parties and Owner is currently obtaining the necessary approvals from the Town of Silt that will
provide for the development of the surface of the Property; and
WHEREAS, the Parties desire to enter into this Agreement to set forth their
understanding of the relative rights and obligations of the Parties concerning oil and gas
operations on the Property and the development of the Property and to provide for the
coexistence and joint development of the surface estate and the oil and gas estate and to delineate
the process with which they will comply with respect to the development of the two estates.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and Ten
dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Owner and Operator agree as follows.
1 Wellsite Location. Exhibit B, attached hereto and incorporated herein, depicts the
location of one wellsite/padsite measuring 200 feet by 300 feet ("Wellsite Location") to
be used by the Operator to develop the oil and gas estate of the Property, together with
road rights-of-way necessary to provide access (the "Wellsite Access Road") and
gathering line rights-of-way necessary to provide access to them (the "Pipeline
Easement"). Subject to the relocation provision of Paragraph 4.b., Operator agrees to
restrict its Oil and Gas Operations, as defined in Paragraph 2, to the Wellsite Access
Road, Pipeline Easement, and Wellsite Location shown in Exhibit B. Any material
deviation from the planned location of the operations as shown on Exhibit B will require
Owner's prior written approval. "Material Deviation" is defined as any proposed
temporary construction or permanent surface occupancy by Operator outside the
boundaries of the Easements or Wellsite Location identified on Exhibit B. At the time of
development of the Wellsite Location, Operator agrees to produce a site-specific survey
depiction of the Wellsite Location showing the following surveyed data: the Wellsite
Location and associated well heads and production equipment layout, and property
boundaries, commercial development, and subdivision infrastructure immediately
adjacent to the Wellsite Location. The site-specific depictions will be generated from
mutually agreed to survey data. Upon completion, the site-specific depictions shall
become exhibits to this Agreement.
Grant of Easement and Surface Use. Owner hereby grants to Operator a right-of-way and
easement for the Wellsite Location, Wellsite Access Road, and Pipeline Easement
depicted in Exhibit B necessary to conduct Oil and Gas Operations (as hereafter defined),
and to construct, operate, maintain and repair, wells and supporting facilities. Supporting
facilities that may be located on the Wellsite Location include closed mud systems, well -
sites, tank batteries, pigging equipment, valves, condensate and water flowlines, tanks,
treaters, landscaping, fencing, and berming. All Wellsite Location facilities shall be low
profile. Facilities that may not be located on the Wellsite Location or the Property
include open mud systems and pits, and compressor stations. Any tanks installed
permanently on the Wellsite Location shall be low profile and painted in a color and
pattem which blends into the surroundings. All operations of Operator shall be
conducted so as to minimize the amount of surface land used or damaged by Operator.
Facilities that may be located in the non-Wellsite Location easements are limited to
access roads, power and data transmission lines, gas gathering or transmission pipelines,
and pipeline markers. All equipment located in non-Wellsite Location easements shall be
below ground. "Oil and Gas Operations" are defined to include drilling, completion, and
maintenance of wells and equipment, production operations, workovers, well
recompletions and deepenings, fracturing, twinning and the drilling of replacement wells
and the location of associated oil and gas production equipment. All easements granted
in this Agreement shall terminate as to Operator and be of no further effect in the event
that the Lease is terminated for any reason.
3. Production Facility Location.
a. Operator shall locate and stake the Wellsite Location in conformance with Exhibit
B and the survey information provided to it by Owner. Operator shall notify Owner of
the staking as it is made, and describe m its notice the proposed boundaries and comers
of the location. Owner shall inspect the staked location and its boundaries to determine
whether its boundaries and comers conform to the survey information for the Wellsite.
Owner may object to the location on the grounds that it does not conform to the survey
information within five business days of actual notice of the staking. If Owner objects,
2
Operator shall either restake the Iocation if it does not actually conform to the survey, or
confirm that it does actually conform, If Owner does not object within five business
days, then it will be deemed to have waived any objection to the staked location.
4. Access to WelIsite Location.
a. Wellsite Access Road. Operator may use the Wellsite Access Road depicted in
Exhibit B to access the Wellsite Location. Operator shall use only the Wellsite Access
Road identified in Exhibit B to access its facilities, subject to Owner's right of
relocation described in Paragraph 4.b. below. Operator shall construct and maintain the
initial Wellsite Access Road at its sole expense. Operator's right to use the Wellsite
Access Road is nonexclusive, and Owner shall have the right to use such road, including
as a permanent road, access or driveway, public or private, in any development of the
Property.
b. Relocation of Wellsite Access Road. Operator shall allow Owner to relocate the
Wellsite Access Road to facilitate development of the surface estate. The costs and
expenses of such a relocation shall be borne by the party requesting the relocation.
Once the Wellsite Access Road has been relocated, the Wellsite Access Road depicted
on Exhibit B shall be abandoned and Operator shall reclaim the Wellsite Access Road to
its original condition.
i. In the event the Wellsite Access Road is relocated, it shall be constructed in
accordance with the requirements of the Town of Silt andlor Garfield County, and
shall be constructed or improved so as to withstand the weight of oil and natural
gas exploration and development equipment. Any incremental cost in
constructing the relocated Wellsite Access Road above the requirements of the
Town of Silt and/or Garfield County to accommodate oil and gas traffic shall be
borne by Operator.
ii. The Wellsite Access Road shall be at least twenty (20) feet wide.
iii. If Operator causes damage to either the Wellsite Access Road or a
Subdivision Road, Operator, as its sole cost, shall promptly repair the damage. In
the event that such damage is not repaired within ten (10) days, Owner shall have
the right to undertake such repairs and obtain reimbursement from Operator
within thirty (30) days.
c. Subdivision Roads. Any roads constructed by the Surface Owner as part of the
surface development of the Property for the general use of the public andlor the Owner
shall be referred to herein as "Subdivision Roads." Operator shall not use Subdivision
Roads for Oil and Gas Operations without the written consent of Owner.
d. No party shall interfere with the use by the ocher of a Subdivision Road or the
Wellsite Access Road; provided however, that certain operations conducted by the
Operator which involve the use of a drilling or service rig or other heavy equipment
may require that access be restricted to local traffic during limited periods along limited
portions of the Wellsite Access Road, and Owner and Operator agree to cooperate in
obtaining approval for such restriction from the applicable Iocal government when
needed.
e. The Parties shall plan, construct and install their activities and facilities so as to
reasonably minimize any interference with or delay of the ongoing operations of the
other Party.
5. Pipeline Easement.
a. Operator has the right to construct, use, repair, maintain and replace the flowlines,
and pipelines providing service to wells and facilities as depicted in Exhibit B ("Pipeline
Easement").
1. Operator has identified the anticipated Iocations of future flowlines and
pipelines to be built on the Property. Owner shall grant, and does hereby grant to
Operator, its successors and assigns, a nonexclusive casement for operation and
maintenance of flowlines, pipelines and appurtenant equipment at the locations
shown on Exhibit B. The width of such easements shall be thirty (30) feet.
Operator may obtain a wider construction easement in certain arcas upon Owner's
written consent. The Parties will consult to accommodate one another's
construction schedule and to minimize scheduling conflicts. Pipeline and
flowline easements shall contract to twenty (20) feet after completion of
construction of the applicable flowline or pipeline. Owner shall not install or
construct, or allow or cause to be installed or constructed, any source of ignition
within fifty (50) feet of a flowline or pipeline, or future easement facilities. For
purposes of this agreement, source of ignition shall not include normal fixtures in
residential and commercial buildings (i.e. furnaces, stoves, heaters, cooking
equipment, etc.). No permanent building or structure shall be constructed or
installed on the surface within the boundaries of the Pipeline Easement affirmed
or granted herein, except for roads and landscaping areas.
All easements affirmed or granted in this Agreement shall be for the use of
Operator for the installation, operation, maintenance and repair of wells,
flowlines, pipelines, and appurtenant equipment that will be used to produce,
gather, treat, transport or distribute oil, gas, liquid hydrocarbons, and water,
whether treated or untreated. Facilities that may be located in the Pipeline
Easement are limited to power and data transmission lines, gas gathering or
transmission pipelines, and pipeline markers, all of which shall be located
underground and shall not interfere with Owner's use of these portions of
4
Property. Operator ma y only use the flowlines and pipelines located in the
Pipeline Easement to produce, gather, transport or distribute oil, gas, and liquid
hydrocarbons, derived from wells located on the Wellsite Location. The Pipeline
Easement may not be used to gather, transport, or distribute oil, gas, and liquid
hydrocarbons produced from any other wellsite/padsite.
b. The Pipeline Easements shall be at the locations identified on Exhibit B.
i. Gathering lines and pipelines shall be installed at depths of approximately
forty-eight (48) inches below the surface of the ground, except in those areas
where Owner and Operator agree to install them at a greater or lesser depth
(hereafter "Exception Pipeline Areas") to accommodate storm sewer lines or other
similar gravity -dependent facilities. Owner agrees to provide Operator -detailed
drawings showing the Exception Pipeline Areas following the execution of this
Agreement. Operator shall review Owner's detailed drawings and accommodate
relocation of the gathering lines or pipelines at Operator's expense.
ii. Operator shall compact all trenches related to any phase of drilling and/or
pipeline construction to 95% SPD; provided that compaction shall be 100% SPD
for all trenches which are in areas designated for public or private roads or paved
trails.
c. Owner will take such measures when grading, contouring, scraping, building
roads, or installing any infrastructure as are necessary to ensure that then -existing
gathering lines and pipelines, if any, remain approximately forty eight inches below the
ground surface, or at such other depth as the Parties may have agreed upon.
d. Locations of gathering Iine and pipeline easements and depth of pipeline
installation may be changed by written agreement of the parties; provided, however, all
costs and expenses of such relocations shall be borne by the party requesting the
relocation. In the event the parties agree to the relocation of a pipeline or gathering line
at the Owner's request, the Operator shall provide Owner with a written estimate of the
relocation costs. Owner shall remit payment to the Operator within thirty (30) days of
commencement of relocation operations. The payment shall be adjusted up or down upon
completion of the work and after an itemized statement is provided to Owner.
e. Owner may cross gathering line or pipeline easements affirmed or granted herein
to install, operate and maintain streets, curbs, gutters, sidewalks, trails, cables or
facilities, including those for water, gas, sewer, electricity, telephone, television, and fiber
optics, provided that Owner shall use its best efforts to minimize interference with
Operator's use of the easements affirmed or granted herein, and provided further that 1)
any such crossing shall be at substantially right angles to the easements affirmed or
granted herein; 2) if any such streets, curbs, gutters, sidewalks lines, cables or facilities
are laid substantially parallel to gathering lines or pipelines, they shall be located at a
minimum horizontal distance of five feet from any gathering line or pipeline; 3) any
lines, cables or facilities that cross gathering lines or pipelines shall be separated
vertically by a minimum distance of two (2) feet center -to -center.
5
f. Owner, its agents, representatives, successors and assigns may use easements for
other utilities, access and roadways as deemed necessary by the Owner; provided that
utilities shall have a horizontal separation of at least five (5) feet center to center and a
vertical separation of at least two (2) feet center -to -center.
g. Within ninety (90) days following completion of construction of any working
segment of pipeline or facility, the Operator shall provide the Owner with as -built
drawings of the completed pipeline segment or facility.
h Operator shall obtain any required approvals from the Town of Silt related to the
easements for Operator's Wellsite Location, pipelines, and access routes for its
operations and facilities, at its sole expense.
i. Operator shall be liable for repairing or replacing any streets, roads, curbs, gutters,
sidewalks, trails, cables or facilities, including those for water, gas, sewer, electricity,
telephone, television, and fiber optics damaged as a result of construction or maintenance
of Operator's flowline or pipeline.
6. Compression. Operator may use wellhead compression only in connection with Oil and
Gas Operations on the Property. There shall be no centralized compressor stations
located on the Property.
7. Power/TelephonelTransformers. Only powerlines, transformers, and data transmission
lines necessary for the operation of wells drilled on the Wellsite Location, or production
equipment ancillary thereto, may be installed on the Wellsite Location, Wellsite Access
Road, or the Pipeline Easements. No power line, data transmission line or transformers
will be permitted outside of the Wellsite Location, Wellsite Access Road, or Pipeline
Easement shown on Exhibit B. All power lines, transformers, and data transmission lines
must be installed underground.
8- Operator's Sole Risk; Visual Impact Mitiu,ation; Insurance.
a. Operator shall conduct all operations on the Property at its sole risk, cost and
expense. Operator assumes all risk and liability of any nature incident to, occasioned by
or resulting in any manner, directly or indirectly, from Operator's operations hereunder.
Operator agrees to keep the Property free of liens arising from or connected with its
operations.
6
documentation if the work is performed by Operator's employees, as evidence of having
performed and paid for such work, and the documented value of such work on any
Wellsite Location shall be credited toward Operator's obligation for the Wellsite
Location.
e. Operator shall at all times keep the Wellsite Location, the Wellsite Access Road,
and the Pipeline Easement safe and in good order, free of noxious weeds, litter and
debris, and shall suppress dust and spray for noxious weeds upon reasonable demand
therefore by Owner. Operator shall use water bars and such other measures as appropriate
to prevent erosion and nonsource pollution. AlI cattleguards and fences installed by
Operator shall be kept clean and in good repair. Operator shall not permit the release or
discharge of any toxic or hazardous chemicals or wastes on Owner's land. Operator shall
remove only the minimum amount of vegetation necessary for the construction of roads
and facilities. Topsoil shall be conserved during excavation and reused as cover on
disturbed areas to facilitate regrowth of vegetation. No construction or routine
maintenance activities will be performed during periods when the soil is too wet to
adequately support construction equipment. All surface facilities not subject to safety
requirements shall be painted to blend with the natural color of the landscape. Operator
shall take all reasonable precautions to prevent blowouts from occurring on the Property.
Operator shall utilize only such area around each producing well as is reasonably
necessary for such purposes, and Operator shall restore the remainder of the Wellsite
Location to its original condition within a reasonable time after the termination of
operator's operations on the Property. Operator shall construct and maintain gates at all
places where any roads used by Operator cross through fences on the Property, and
Operator shall keep such gates locked when not actually passing through such gates.
Upon termination of Operator's operations on the Property, Operator shall restore the
surface of all lands utilized by Operator, and not theretofore restored, to their original
condition as nearly as possible and remove any and all property placed by Operator on
the Property, or Owner shall cause same to be removed at Operator's expense. In
addition to any duties contained herein, Operator shall reclaim the Property in accordance
with COGCC standards.
9. Surface Damage Payments. Owner hereby waives all surface damage payments pursuant
to any COGCC rule or regulation, or local regulation, state statute, common law or prior
agreement, for the Wellsite Location, wells drilled thereon and all associated pipeline and
flow line easements and access roads. This waiver is not intended to waive any right or
remedies the Owner may have, including the right to damages, if it is determined that the
conduct of Operator, or its agents, employees, successors or assigns exceeds the scope of
the easement granted herein.
10. Utilities. To the degree that Operator requires any utility lines (i.e. communication
electric, etc) to service any of the facilities depicted on Exhibit B, Operator agrees to
locate such utility lines underground at Operator's cost, in accordance with the utility
requirements of the Town of Silt. Location of utility lines underground shall occur
contemporaneously with Owner's construction of street, curb, gutter and sidewalk public
improvements in the area where the utility lines are located.
11. Hunting. It is understood and agreed that the Oil and Gas Lease and this Agreement do
not cover or include any right or privilege of hunting or fishing on the Property -a11 such
hunting and fishing rights being expressly reserved by Owner. Operator agrees that none
of the Operator's officers, agents employees or representatives will bring any dogs and/or
firearms upon the Property, and that any one so doing shall be trespassers and subject to
prosecution as such. Operator will notify all of its contractors, agents, and employees
that no dogs, firearms, weapons, hunting, fishing or recreational activities will be allowed
on the Property.
12. Surface Owner's Water. Operator shall not permanently disturb, interfere with, fill, or
block any creek, reservoir, spring, ditch, lateral, or other source of water on Owner's
land. Before conducting any drilling operations, Operator, at its sole cost and expense,
will measure or cause to be measured the static water level and productive capacity of all
water wells and springs located on the Property to establish base line levels so that Owner
and Operator will be able to assess the impact of Operator's drilling operations on all
water features on the Property, including groundwater. Operator will also test the water
wells for the presence of methane. Operator shall also provide Owner a chemical
analysis of all wells and springs
Owner shall be notified prior to such testing and measuring and Owner or its agents or
representatives shall have the right to be present during such testing and measuring. The
results of these tests and measurements will be immediately provided to Owner.
Operator shall establish a continuing water well monitoring program to identify changes
in the capacity of any water wells located on Owner's land and in the methane content of
the wells, and Operator shall immediately provide that monitoring data to Owner.
Operator will be liable for any damages to water quality and/or quantity to Owner's
welts, seeps, springs, ditches, reservoirs, and any other water structure located on
Owner's property likely caused by Operator for the period of the Oil and Gas Lease.
I3 Loss or Impairment of Water Wells or Springs. If as a direct result of Operator's Oil and
Gas Operations any water well or spring located on he Property is lost or materially
diminished in productivity, or the quality of water produced by such well or spring is
reduced so that the water is unusable by livestock or humans (as the case may be), as a
likely result of production of oil and gas by Operator, Operator shall, at its expense,
immediately repair or replace any water well or spring which is lost or diminished in
productivity with a new water well or spring at least equal in productivity and quality of
water to the lost or diminished well or spring, using a water well drilling contractor
acceptable to Owner. OPERATOR IS NOT AUTHORIZED AND SHALL NOT
UTILIZE ANY WATER ON THE PROPERTY FOR ANY PURPOSE.
14. Waiver of additional notice under COGCC Rules 305 and 306: No objections. The
Parties acknowledge that Operator has the right to conduct oil and gas operations on the
lands covered by the Lease. Rule 305 of' the Rules and Regulations of the COGCC
requires that the Operator give notice to the surface owner of potential oil and gas
operations, such notice to contain the following information: (1) when operations on the
lands are to be commenced; (2) the name of the operator with address and contact person;
(3) a legal description of the quarter quarter section within which operations will be
conducted; (4) a statement that the surface owner is responsible for notifying affected
tenants of the proposed operations; (5) information with regard to the consultation notice
requirement set forth in COGCC Rule 306, and (6) a copy of the COGCC's information
brochure for surface owners. By executing this Agreement, Owner, for itself and on
behalf of any tenant, successor or assign, hereby acknowledges that it has received
adequate notice and held consultation with Operator, and waives any right to further
notice or consultation under Rules 305 and 306. In consideration of the foregoing,
Operator shall provide Owner with thirty days' advance notice of the commencement of
any drilling activity on the Property, and fifteen days' advance notice of any redrilling or
workover activity on the Property. Owner agrees that it will not object in any forum to
the use by Operator of the surface of the Property consistent with this Agreement, except
as specifically provided herein, and it will provide Operator with whatever written
support it may reasonably require to obtain permits from COGCC or a local jurisdiction,
provided that Operator is not in breach or default of this Agreement. Operator agrees that
it will not object in any forum to the use by the Owner of the surface of the Property
consistent with this Agreement, and that it will provide Owner whatever written support
it may reasonably require to obtain permits from the appropriate jurisdiction, provided
that Owner is not in breach or default of this Agreement.
15. Termination of Rights. The rights granted by Owner to Operator shall terminate when
the last well on the Wellsite Location is permanently plugged and abandoned. Upon
termination of this Agreement, Operator will execute and deliver to Owner a good and
sufficient recordable release and surrender of all of Operator's rights under this
Agreement, and will promptly remove all equipment and property used or placed by
Operator on Owner's land unless otherwise agreed by Owner in writing.
16. No Warranty. Owner makes no warranty of title or otherwise in entering into this
Agreement.
17. Indemnification. To the maximum extent permitted by law, Operator will indemnify,
defend and hold Owner, and if applicable, Owner's officers, directors, employees, agents,
successors and assigns harmless from any and all claims, liabilities, demands, suits,
losses, damages and costs (including, without limitation, any attorneys fees) which may
arise out of or be related to Operator's activities on Owner's property, including, without
limitation, any 'claims that Operator's operations hereunder are either illegal,
unauthorized, or constitute an improper interference with any parties' rights, or have
9
damaged the lands or operations of adjacent landowners, including any claims based on
the alleged concurrent negligence of Owner, and including any claims whatsoever arising
under the Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U.S.C. §§ 9601-9675 (2007), as the same may be amended from time to time.
18. Compliance with Law. Operator shall conduct operations and activities in accordance
with existing local, state and federal laws, rules and regulations, including COGCC
regulations.
19. Release. To the maximum extent permitted by law, Operator releases and waives and
discharges Owner, and, if applicable, Owner's officers, directors, employees, agents,
successors and assigns from any and all liabilities for personal injury, death, property
damage or otherwise arising out of Operator's operations under this Agreement or use of
Owner's property.
20. Notice. Notice may be given to either party to this Agreement by depositing the same in
the United States mail postage prepaid, duly addressed to the other party at the address
set out below the party's signature on this Agreement. Such notice shall be deemed
delivered when deposited m the United States mail.
a. Notice to Owner: Estate of Roger McFarland Dixon, Deceased
Attn: Clinton W. Josey, Jr., Independent Executor
and Personal Representative
6060 North Central Expressway, Suite 305
Dallas, Texas 75206
b. With copy to: Leavenworth & Karp, P.C.
c/o Michael J. Sawyer
P.O. Box Drawer 2030
Glenwood Springs, CO 81602
c. Notice to Operator: Antero Resources Piceance Corporation
1625 17'h Street, Suite 300
Denver, CO 80202
21. Designated Contact Person. Operator and Owner will each from time to time designate at
least two individuals, with appropriate twenty-four hour telephone and fax numbers, duly
authorized to negotiated with Owner on behalf of Operator, who are to be the primary
contact person for discussions and decisions concerning matters related to this
Agreement.
22. Recording. This Agreement may be recorded in the public records of Garfield County.
23. Construction of Agreement. This Agreement shall be construed under the laws of the
State of Colorado.
10
24. Successors and Assigns. This Agreement is binding upon the successors, heirs and
assigns of Owner and Operator. Owner, its successors or assigns, as applicable, shall
provide a copy of this Agreement to builders and developers who purchase all or any
portion of the Property, and to all homeowners associations governing all or any portion
of the Property. Owner shall provide a copy of this Agreement and a statement to each
person or entity who enters into a contract to purchase a lot from the Owner, that the
surface estate and the mineral estate have been severed and that certain locations have
been reserved for the Operator for existing, future, and prospective oil and gas operations.
Upon assignment of' Owner's obligations under this Agreement, Owner shall be released
from all obligations and liability for breach of this Agreement from the date of
assignment. In the event of a sale of the Property, Owner may require Antero to provide
an estoppel certificate related to existing conditions on the Property.
25. Counterparts/Facsimile Signatures, The Parties may execute this Agreement in any
number of counterparts, each of which shall be deemed an original instrument, but -all of
which together shall constitute but one and the same instrument. The Parties agree that
facsimile signatures arc binding.
26.
27.
' ' o rc ' ween t e provisions of this Agreement and the
Lease, the terms and conditions of this Agreement will prevail.
28. Execution- This Agreement may be amended only by means of a mutually executed
written letter agreement.
IN WITNESS WHEREOF, this instrument is executed as of the date first above written.
OWNER: Estate of Roger McFarland Dixon. Deceased
By:
Title:
Clinton W. Josey, Jr..
Representative
t1
ndent Ex - ' u nr and Personal
OPERATOR: Antero Resources Piceance Corporation,
Successor in interest to Antero Resources Ii Corporation
By:
Title:
12
ACKNOWLEDGMENTS
STATE 01. 1. a )
COUNTY OFF es.1.t4 _5 )
This instrument was acknowledged before me on this %day of , 2007, by
Clinton W. Josey, Jr., as independent executor of the Estate of Roger- McFarland Dixon.
Deceased, on behalf of such estate.
Witness my hand and official seal.
My Commission expires:
. tri* AL JANET SAMFORD
t%74.....e.14"'
NOTARY PUBLIC
Stale of Texas
Comm Exp. 09-23-2009
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
Notary
This instrument was acknowledged before me on this /37 day of December. 2007. by
Brian A. Kuhn, as Vice President for Antero Resources Piceance Corporation, a Delaware
Corporation, on behalfofsaid corporation.
Witness my hand and official seal.
/
My Commission expires: f 3 ! 11
W J PIERIMi
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires: Juiy 23, 2011
Notary Public
ACKNOWLEDGMENTS
STATE OF "
COUNTY OF.tt 5 }
This instrument was acknowledged before me on this /, day o 2007, by
Clinton W. Josey, Jr., as independent executor of the Estate of Roger McFarland Dixon,
Deceased, on behalf of such estate.
Witness my hand and official seal
My Commission expires:
ti131" c7�,. JANET SAMFORD
fir° ,*4 NOTARY PUBLIC
i State of Texas
•L!t os Comm Exp. 09-23-2009
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
Notary
„LI/6cl
This instrument was acknowledged before me on this /30/ day of December, 2007, by
Brian A. Kuhn, as Vice President for Antero Resources Piceance Corporation, a Delaware
Corporation, on behalf of said corporation.
Witness my hand and official seal.
My Commission expires: Z3 /' I
W J P1ERINI
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires: July 23, 2011
Notary Publicl
Exhibit B
To that certain Surface Use and Development Agreement dated December I3, 2007
between The Estate of Roger McFarland Dixon, Deceased
and Antero Resources Piceance Corporation
Wellsite Location
Wellsite Access Road and Pipeline Easement
Exhibit A
To that certain Surface Use and Development Agreement dated December 13, 2007
between The Estate of Roger McFarland Dixon, Deceased
tract of land situate in Sections 10 and 11, Township 6 Soufh, Range 92 West
f the 6th Principal Meridian being more particularly ocs:ribed es follows:
Eeginning at o point on the south right-of-way Iure of Interstate 70 whence
the NE corner of said Section 10 bears W 00'.34'47" W 1501.80
feet; thence 1719.50 feet along the arc of a 10028.0 feet radius curve to the left,
having o central angle of 9'49:3J'' and subtending a chord becrinn
N 86'06-'4.3" L 1717.69 feet along sold south right-of-.vay line
thence, N 81'1143" E, 974.25 feet along said south right-of-w,ry line to the
north -south centerline of ,aid Section 11;
thence; S 09'0043" tN, 124.16 feet along said centerline to the center of the
Colorado River• thence along the cente- of the Colorado river the following
courses:
!hence, S 717934" it 144.95 feet,
thence, 5 46'551!2" it 664.55 feet;
theme. S 48'71'47" W, 491.93 feet;
thence, S 67'5225" it 731.09 feet;
!hence, N 88'54'19" 1% 370.16 feet,`
thence N 8,350'0.3" N; 563.90 feet
thence. N 63'04'16" W, 705.68 feet;
thence •cawita said center of the Color:.vfo river on a course bearing
N 00'04'03" fl 59e.18 fe-2t along the easterly right-of-way fence of Count./
Food 311 to said south right -of -Way fine of Interstate 70;
:her_e 49766 feet along the arc of o 11534.20 feet radius curve to the left,
havng a central angle of 2'2703" and Kubtending o chord bearing
S 8726'34" E 497.62 feet along said roufh right-of-way Fie;
thence 53.70 fret along the arc of o 10028.50 feet radius curve to the left,
hai:'ng a c.enlral angle of 078174" and subtending a chord bearing
S 88'49'17" F 53 70 feet along along said soul!, right -of I: ay line;
to the point of beginnino, containing 2380.1R6 sg.ft. or 54.641 acres more
or less.
SEVENTH AMENDMENT TO
SURFACE USE AND DEVELOPMENT AGREEMENT
This Seventh Amendment to Surface Use and Development Agreement ("Seventh
Amendment") is entered into and made effective this 25`" day of July, 2014 ("Effective Date") by
and between the Dixon Water Foundation, a Texas nonprofit corporation ("Dixon Water
Foundation") whose address is 6060 North Central Expressway, Suite 305, Dallas, Texas 75206,
hereinafter called 'Owner", and Ursa Piceance. LLC, a Texas limited liability company whose
address is 1050 Seventeenth Street, Suite 2400, Denver, Colorado 80265, hereinafter called
"Operator." Owner and Operator may be referred to individually as a "Party" and collectively as
the "Parties."
WHEREAS, the Owners' predecessor -in -Interest, Valley Farms, Inc. (as "Lessor"), and
Operator's predecessor -in -interest, Antero Resources II Corporation (as "Lessee"), are Parties to
that certain Oil and Gas Lease dated August 23, 2004 covering certain lands in Garfield County,
Colorado (the "Lease"), a memorandum of which was recorded in the real property records of
Garfield County, Colorado on November 1, 2004 as Reception Number 662681;
WHEREAS, Valley Farms, Inc. and Antero Resources 11 Corporation entered into a
Surface Use and Development Agreement ("Original Agreement") dated July 13, 2005, as
amended by the First Amendment to Surface Use and Development Agreement ("First
Amendment") dated July 10, 2007, and as amended by the Second Amendment to Surface Use
and Development Agreement ("Second Amendment") dated January 27, 2010, and as amended
by the Third Amendment to Surface Use and Development Agreement ("Third Amendment")
dated June 16, 2010, and as amended by the Fourth Amendment to Surface Use and
Development Agreement ("Fourth Amendment') dated October 12, 2011, and as amended by the
Fifth Amendment to Surface Use and Development Agreement ("Fifth Amendmenr) dated May
10, 2012, and as amended by the Sixth Amendment to Surface Use and Development
Agreement ("Sixth Amendment') dated November, 2013 and recorded in the real property
records of Garfield County, Colorado on January 20, 2014 as Reception Number 845444,
collectively referred to as the "SURA', which agreements set forth the mutual understanding of
the relative rights and obligations concerning oil and gas operations on the Property referenced in
the SUDA, the development of the Property as a planned unit development, terms and conditions
for the coexistence and joint development of the surface estate and the oil and gas estate, and
the development process for the two estates;
WHEREAS, Valley Farms, Inc. has conveyed all of its interest in the Property referenced
in the SODA to the Dixon Water Foundation and/or the Discovery Foundation;
WHEREAS, by a CONVEYANCE AND ASSIGNMENT WITH RESERVATION OF
2.1305% INTEREST recorded as Reception Number 741915 in Garfield County, Colorado, Valley
Farms, Inc. conveyed ail of its interest in the minerals covered by the Lease to the Dixon Water
Foundation and the Discovery Foundation and assigned all Executive Rights under the Lease to
the Dixon Water Foundation;
WHEREAS, Antero Resources Piceance Corporation, successor in interest to Antero
Resources II Corporation under the Lease, conveyed all right, title, and interest in the Lease to
Ursa Piceance, LLC in the ASSIGNMENT AND BILL OF SALE dated October 1, 2012 and
recorded in the real property records of Garfield County, Colorado as Reception No 829916, thus
resulting in Ursa Piceance, LLC being the "Operator";
WHEREAS, the Parties and their predecessors in interest have now operated under the
terms of the SUDA for several years, and changed circumstances require certain minor
amendments to the terms, conditions, and descriptions described therein;
WHEREAS, paragraph 6 of the Fourth Amendment, which paragraph is entitled "Future
Amendments", stipulates that amendments to the Original Agreement entered into after the
Fourth Amendment need be signed only by the surface owner affected by the amendment;
WHEREAS, this Seventh Amendment, being a "Future Amendment" according to the
terms of paragraph 6 of the Fourth Amendment, shall affect only the property or interest of the
Dixon Water Foundation;
WHEREAS, Operator desires the right to access and produce from the Property mineral
estates which do not underlie the Property and are not subject to the Lease;
NOW, THEREFORE, in consideration of the mutual promises contained herein and in the
SUDA and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Operator agree as follows:
1. Off -Lease L Pad, J Pad, and 0 Pad Operations. Operator shall have the right to produce
from the L, J and 0 Pads, as these Pads are depicted on Exhibit A that is attached to and
made part of the Seventh Amendment, minerals located in Sections 10, 11, 12, 13, 14, and
15 of Township 6 South, Range 92 West of the 6th P.M. ("Royalty Lands") which are not
subject to the Lease.
2.
3. Recording. The Parties agree that this Seventh Amendment shall be recorded in the real
property records of Garfield County, Colorado.
4. Ratification. Except as expressly modified herein, all terms and conditions of the Original
Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth
Amendment, the Fifth Amendment, and the Sixth Amendment between the Parties shall
remain in full force and effect.
5 Counterpart Signatures Operator and Owner may execute this Seventh Amendment in any
number of counterparts, each of which shall be deemed an original instrument, but all of
which together shall constitute but one and the same instrument.
6 Valley Farms L Pipeline Connection. Operator shall utilize the pipeline easement from the L
Pad to the existing pipeline riser as depicted in the diagram attached hereto as Exhibit 8 to
the Seventh Amendment. This shall be the final alignment for the pipeline connection from
the Valley Farms L Pad to the existing valve set.
2
IN WITNESS WHEREOF, this Seventh Amendment is executed as of the date first above written.
OWNER: OPERATOR:
Dixon Water Foundation Ursa Piceance, LLC
By:
2
By: --A, 41-1-a--1------'
Title: Robert Potts, President Title: Don Simpson, Vice President
3
STATE OF COLORADO
COUNTY OF E3ENVER
)§
ACKNOWLEDGEMENTS
On this /-141-1 day of % , 2014, before me personally appeared Don Simpson,
known to me to be the Vice President of Piceance, LLC and that he executed the within and
foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said limited liability company, for the uses and purposes therein set forth
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Commission Expires: 1 '4 n
JESSICA PURSLEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064019086
MY COMMISSION EXPIRES 06/1612018 ,
STATE OF TEXAS
COUNTY OF PRESIDIO
)
)§
)
On this a 5 day of 4.1T/6 -r , 2014. before me personally appeared Robert
Potts, known to me to be the President of the Dixon Water Foundation and that he executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written,
My Commission Expires: 0 c 08 °Z O 17
R RUDY $0011
Notary Public, Soots of Jean
My Commission Expires
September 0b. 2017
4
Notary Public
5Tjiir1 Solider, Miller & A.ti,o. iatts • 8000 W. 14i1, Avenue • L.-ikcwoc,d, CO 80214
(303) 239-9011 • fax (303) 239-0745
February 12, 2016
Ursa Operating Company
792 Buckhorn Drive
Rifle, CO 81650
Subject: Review of Pipeline Alignment Plan Drawings
Valley Farms 0 Pad to Existing Tie in Set
By River Valley Survey, Inc.
Dated 1/25/16 with revisions dated 2/10/16
Dear Dwayne,
Per your request, we have reviewed the subject drawing set with revisions, completed and
PLS stamped by River Valley Survey, Inc. It is my opinion that these drawings meet or
exceed the Major Grading requirements for pipeline construction as specified by the
Garfield County Building Department.
If you have any questions, please give call me at (970) 756-7364.
Joseph A. Hess, P.E.
Regional Manager/Senior Engineer
Attachments: Drawing Set (pdf)
Engineering • Environmental • Surveying
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In areas of waterway crossings, or wet trench
sections, additional Mirafi 140N Wrap shall be
installed from the bottom of the 6" Class VI, up
— the sides of the trench, and over the top of
pipeline. Graded Select 3" Minus shall be
replaced with 314" Screened Crushed Rock
compacted to 85% Standard proctor.
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River Valley Survey, Inc.
110 East 3rd. Street, Suite 213
Rifle, Colorado 81650
Ph: 970-379-7846
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typical Trench Detail ]
Project: Valley Farms 0 Pad - RVS 06001-3 =0
Field Date: 09-02-15 Scale:
Date: 01-25-16 Sheet: 6 of 6
Valley Farms 0 Pad
Pipeline Alignment Plan
Construction Layout Drawing
Section 10, Township 6 South, Range 92 West
UrsaOPERATING
COMPANY
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Appendix F - Site Specific Stormwater
Management Pian
Project Name (Site): Valley Farms 0 Pipeline ROW Field Name: Gravel Trend
Latitude: 39.536° Longitude: -107.657° Twp, Sec, Range: T -6-S R -92-W, Sections 9, 10
CDPS Permit Number: COR03K564 Inspection Type: Pre -Construction
Phase: Pre -Construction
Name of Receiving Water: Dry Hollow Creek, Rising Sun Ditch, Last Chance Ditch,
Ultimately the Colorado River
Estimated Distance to Receiving Water: intersects, 660 feet, 0.28 miles, 630 feet respectively
Major Erosion Control Facilities/Structures (BMPs) Utilized at Site: Vegetative Buffer,
wattles, straw bale barriers, surface roughening
Estimate of Total Area of Site: 5 acres Estimate of Disturbed Acres of Site: 5 acres
Soil Types: Arvada Loam (1 to 6% slopes Permeability: Slow
Soil Erosion Potential: Slight to moderate
Existing Vegetation Description: Wheat grass, cheatgrass, and pasture grasses.
Final Stabilization Date: TBD
Estimate of Percent Vegetative Ground Cover: 60% pre -disturbance
Seed Mix for Reclamation: Ursa Dryland Pasture/Landowner seed mix
Description of Non -SW Discharge Components (e.g., Springs, Irrigation): Irrigation ditches
and canals.
Location of Non -SW Discharge Components (e.g., Springs, Irrigation): Two irrigation canals
are located on the north side of the ROW, the Rising Sun and Last Chance ditches. Multiple
feeder ditches are located along the length of the ROW.
Phased BMPs
Construction:
• Clearing and grubbing of ROW -Topsoil will be utilized as a run-on diversion on the up
gradient side of the trench as topography and working space allow.
• Wattles will be installed as applicable on the down gradient side of the disturbance prior
to earth moving activities.
• Straw bales will be installed at the Dry Hollow Creek Crossing in compliance with the
SWMP and NW12P.
• Trenching- Spoils will be placed on working side of trench and tracked (spoils will be
part of working surface during trenching).
• Pipe installation- Stringing, welding and fitting will be conducted prior to lowering pipe
into trench. Existing BMPs should be sufficient for this process.
• Back Filling -Upon completion of pipe installation, the pipe will be bedded and the open
excavation/trench will be back filled using spoils piles. Once trench is backfilled, top soil
will be spread evenly across the ROW.
Potential Pollutants:
• Sediment from construction activities;
• Leaks and spills from equipment;
• Chemicals used for pipeline protection;
• Trash and debris from workers;
• Portable toilets on site for workers.
Interim:
Once backfilling is completed and top soil is re -distributed across the ROW, the disturbed area
will be drill seeded and mulched as applicable. Water bars will be installed during final cleanup
of ROW and prior to drill seeding. Dry Hollow Creek will be contoured to pre -disturbance
condition.
Final:
Not applicable at this time.
Monitoring:
• Inspections will occur every 14 days and after a significant precipitation event.
• Inspections will be conducted by a certified person familiar with the site specific control
measures and COAs of the ROW.
• Inspections will cover the following:
o Disturbed area;
o All BMPs, temporary and permanent;
o Materials storage areas;
o Down gradient areas;
o Surface water diversions; and
o ROW access.
Maintenance Procedures:
Maintenance will include prompt repairs and/or adjustments to any erosion and sediment control
structures that are deteriorating or found to be performing inadequately. BMP conditions and
dates of BMP maintenance will be documented within the stormwater inspection checklists and
the corrective actions spreadsheet.
Comments: ROW is currently in the planning phase. BMPs will be installed prior to any earth
moving activities; please refer to the site map for BMP locations.
STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E Urbina, MD, MPH
Executive Director and Chef Medical Officer
Dedicated to protecting and .mproving the health and environment or the people of Colorado
4300 Cherry Creek Dr S.
Denver, Colorado 60246-1530
Phone (303) 692-2000
Located in Glendale, Co'orado
hIlp:llwww.cdphe state.co.us
5/21/2013
Robert W Bleil, Reg and Env Mgr
Ursa Operating Co LLC
105017 St Ste 2400
Deriver, CO 80202
Laboratory Services Division
8100 LowryBvd
Denver, Colorado 80230.6929
(303) 692-3090
RE: Certification, Colorado Discharge Permit System
Permit No., C0R030000, Certification Number: C0R03K564
Dear Mr./Ms Bleil;
ti
Colorado Department
of Public Health
and Environment
The Water Quality Control Division (the Division) has reviewed the application submitted for the Gravel Trend Well Field facility and determined that It
qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the permit). Enclosed please
find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act.
Facility: Gravel Trend We'I Feld Garfield County
Construction Activities: Od and Gas Production and/or Exploration,
Legal Contact (receives all legal documentation pertaining to the permit certification):
Phone number: 970-625-9922
Email, rbfeil@ursaresources.com
Robert W Well, Reg and Env Mgr
Ursa Operating Co LLC
1050 17 St Ste 2400
Denver, CO 80202
Facility Contact (contacted for general inquiries regarding the facility):
Robert W Bleil, Reg and Env Mgr
Billing Contact (receives the invoice pertaining to the permit certification):
Robert W Bleil, Reg and Env Mgr
Ursa Operating Co LLC
1050 17 St Ste 2400
Denver, CO 80202
Any changes to the contacts listed above must be provided to the Division on a Change of Contact form. This form is available on the Division's website
at coloradowaterpermits.com.
Phone number: 970-625-9922
Email: rbfeil@ursaresources.com
Phone number: 970.625-9922
Email: rbleif@ursaresources com
The Annual Fee for this certification is $245 00, and is invoiced even/July Do Not Pay This Now. The initial prorated invoice will be sent to the legal
contact shortly.
The Division is currently developing a new permit and associated certification for the above permitted facility. The development and review
procedures required by law have not yet been completed The Construction Stormwater General Permit, which will expire June 30, 2012, will be
administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. ]973, 24.4-101, et see (1982
rept. vol. 10) until a new permit/certification is issued and effective. The renewal for this facility will be based on the appl.cation that was received
5/14/2013.
Please read the enclosed permit and certification. If you have any questions please contact Kathleen Rosow, Environmental Protection Specialist, at
(303) 692-3521.
Sincerely,
1
Karen Harford, Administrative Assistant II
WATER QUALITY CONTROL DIVISION
Enclosures: Certification page; General Permit, Highlight Sheet; Termination form
xc: Permit Fite
/keh cert
Colorado Department
of Public Health
and Environment
CERTIFICATION TO DISCHARGE
UNDER
CDPS GENERAL PERMIT COR -0300000
STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Certification Number: COR03K564
This Certification to Discharge specifically authorizes:
Ursa Operating Co LLC
to discharge stormwater from the facility identified as
Gravel Trend Well Field
To the waters of the State of Colorado, including, but not limited to:
Beaver Creek Mamm Creek Divide Creek Garfield Creek and Alkali Creek - Colorado River
Facility Industrial Activity : Oil and Gas Production and/or Exploration,
Facility Located at:
US 6 and Miller Rd, Silt
Garfield County, CO 81652
Latitude 39.531, Longitude -107.653
Certification is effective: 5/21/2013 Certification Expires: 6/30/2012
ADMINISTRATIVELY CONTINUED
This certification under the permit requires that specific actions be performed at designated times. The
certification holder is legally obligated to comply with all terms and conditions of the permit.
Signed,
Nathan Moore
Construction/MS4/Pretreatment Unit Manager
Water Quality Control Division
Page 1 of 22
Ursa
792 Buckhvru Dr.
Rifle, CO 81650
OPERATING
COMPANY
Noxious Weed
Management
Plan
U.S. Operations
Piceance Basin
June 2013 — Rev #0
THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION.
Table of Contents
1. Introduction 1
2. Site Characterization 1
3. Weeds of Concern 2
4. Weed Inventory 2
5. Treatment Methods 3
5.1 Preventative Methods 3
5.3 Physical and Mechanical Methods 3
5.4 Biological Control Methods 3
5.5 Chemical Control 3
6. Treatment Recommendations 4
6.1 Pad Surfaces 4
6.2 ROWs and Surrounding Lands 4
6.3 Special Requirements 4
7. Management Strategies 4
7.1 Prevention 4
7.2 Revegetation and Rehabilitation 4
8. Conclusion 5
9. Amendments 6
10. Noxious Weed Management Resource Guide 7
11. References 8
List of Figures
Figure 1 Overview Map
Figure 2 Soils Map
Ursa Operating Company Noxious Weed Management Plan
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
List of Appendices
Asset Locations (PLSS)
NRCS Soil Descriptions
Colorado Noxious Weed List
Garfield County Noxious Weed List
Mesa County Noxious Weed List
Pitkin County Noxious Weed List
Annual Weed Survey Maps
Noxious Weed Inventory Form
Noxious Weed Summary Documents
Ursa Operating Company Noxious Weed Management Plan
1. Introduction
The Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5) declares that certain undesirable
plants constitute a threat to the "continuous economic and environmental value of lands of the
state" and requires that these "noxious weeds" be managed on private and public lands. The Act
further declares that control of noxious weeds should use methods that are least damaging to the
environment but also practicable and economically reasonable. Ursa Operating Company, LLC
(Ursa) started operations in the Piceance on April 1, 2013 and will be responsible for
management of noxious and undesirable species identified on land leased associated with these
assets. The local government(s) management of noxious weeds for Ursa assets (known as
Battlement, Castle Springs, Gravel Trend, North Gravel Trend, Roan, and Wolf Creek), are
Garfield County, Mesa County, and Pitkin County which requires that land owners or persons or
entities leasing the land within the county manage noxious weed infestations on their respective
land.
By implementing a Noxious Weed Management Program, adverse economic and environmental
impacts will be minimized for Ursa and surrounding stakeholders. Maintaining control of
noxious weed populations within Ursa assets is important to keep the cost of noxious weed
abatement, storm water, and revegetation to a minimum. Since the three (3) elements are
intertwined; improvement in one (1) area will facilitate improvements in the other areas of
concern. It is also vital that the expansion of noxious weeds from Ursa assets to private land not
associated with oil and gas exploration is monitored closely to ensure weed abatement measures
are effective. For the most successful management of noxious weeds, regular communication
between Ursa and property owners with adjacent land should be developed.
This plan is intended to provide Ursa with a noxious weed management outline for the area of
concern — in this instance, the assets known as Battlement, Castle Springs, Gravel Trend, North
Gravel Trend, Roan, and Wolf Creek. The objectives of the plan include: providing basic
environmental information about the sites, locating and mapping of noxious weed populations,
outlining and evaluating possible treatment methods, and establishing preventative measures to
minimize noxious weed expansion. This plan will also provide an amendable document for
current and future Ursa land managers.
2. Site Characterization
Ursa assets are located in Garfield, Mesa and Pitkin Counties in western Colorado (refer to
Figure 1 for a map and Appendix A for listed locations). The Castle Springs and Wolf Creek
assets are grouped together and the Roan and North Gravel Trend assets have also been
combined. The assets can be found using the Public Land Survey System (PLSS) in Appendix A
or by reviewing the map in Figure 1.
The vegetative communities that characterize these sites include: sagebrush, rubber rabbitbrush,
snakeweed, Gambel oak, bunch grasses and pinyon juniper. This highland is characterized by
moderate moisture levels, moderate temperatures and a moderate growing season. Snow is
typically present on site from mid-November to late -March, with an average of 80-90 frost days
per year. The soil type varies across assets. For more information on soil type, refer to Appendix
B and Figure 2.
Ursa Operating Company Noxious Weed Management Plan 1
The potential treatment area with regards to noxious and undesirable species will include
appropriate and applicable pads, right of ways (ROWs) including access roads and pipeline
ROWs. topsoil stockpile if applicable, and land surrounding the Ursa assets that has been
disturbed by related Ursa activity.
3. Weeds of Concern
To meet the requirements of the Colorado Noxious Weed Act (ACT), the operator shall conduct
prescribed management techniques for noxious weeds control and prevention. Species
warranting prescribed management control and prevention are included within the Colorado
Noxious Weed Lists: List A designated for statewide eradication; List B — managed to prevent
further spread and, for selected species, designated for eradication in large areas; and List C = of
more localized concern, but for which the State will provide education, research, and biological
control assistance to jurisdictions that choose to manage the species. The complete Colorado
Noxious Weed List can be found in Appendix C. In addition to the state wide weed list,
individual counties have their own noxious weed lists. The county lists are comprised of noxious
weeds from the state list that are more specific to the area of concern.
Garfield County has designated twenty (21) of the seventy four (74) species from the Colorado
Noxious Weed List to be likely species found in the vicinity of their jurisdiction. Appendix D
contains the Garfield County Weed List, and specific details can be acquired through the
Garfield County Noxious Weed Management Plan available online.
Mesa County has designated nineteen (19) species as noxious and present within their
jurisdiction. Appendix E contains the complete list, and descriptions can be found in the Mesa
County Noxious Weed Management Plan available online.
Pitkin County has designated thirty five (35) species to be noxious and of concern within its
jurisdiction, with an additional five (5) species on their so-called '`Watch List" as they have
spread to and within neighboring counties. Appendix F contains the Pitkin County Noxious
Weed List, and details can be obtained through the Pitkin County Noxious Weed Management
Plan available online.
4. Weed Inventory
Noxious weed surveys are currently being conducted on Ursa assets. For a visual representation
of the survey please refer to Appendix G. The respective appendix will be updated annually to
monitor the spread and or minimization of infestations. Additional surveys will be conducted
annually by qualified individuals to ensure noxious weed treatments and noxious weed
populations. Populations of noxious weed infestations will be mapped by qualified individuals
using global positioning units (GPS) units. The Noxious Weed Inventory Form, Appendix H.
can be used to provide supplemental survey information if the surveyor deems it appropriate.
The surveys will provide a way to identify new noxious weed populations as well as an
assessment tool for previously treated populations. The inventory is to be updated as the surveys
are performed. There will be an annual review to assess the overall noxious weed populations
and success of treatments applied.
Ursa Operating Company Noxious Weed Management Plan 2
5. Treatment Methods
The treatment methods and descriptions listed below were obtained from the Mesa County
Noxious Weed Management Plan (Mesa County, 2009). Management techniques include
preventative, cultural, physical/mechanical methods, biological and chemical approaches.
Optimal noxious weed management methods will vary with the environmental variables of the
area of interest. Soil type and stability, grade, moisture regimes, growing season, pre-existing
noxious weed populations, land use, water availability, weed type and stage of growth as well as
the intensity of the infestations should all be taken into account when preparing a noxious weed
management plan.
The management methods should have minimal impact on the environment and be economically
fitting for the Operator in charge of implementing the noxious weed management program.
When assessing weed management on a property, it is important to evaluate possible modes of
transportation for the noxious species. Areas to take into account include; waterways, roads,
game trails, areas with livestock and equipment storage sites to name a few possibilities. The
transportation of noxious species is a problem shared by all the stakeholders in the affected area.
Good communication should be established between the affected parties for proper management
of the noxious weed populations. Most management plans utilize a combination of the treatments
outlined below.
5.1 Preventative Methods
Preventative methods include practices involving good land stewardship. These practices
include, but are not limited to; using weed free certified products, erosion control
measures, and regularly cleaning equipment.
5.2 Cultural Methods
Cultural methods facilitate competition from desirable plants through actions such as;
dense seeding, irrigation, carefully monitored grazing practices and fertilization.
5.3 Physical and Mechanical Methods
Physical and mechanical methods include mowing, disking, hand removal, plowing,
burning and solarization. The goal of these methods is predominantly to prevent seed
production. Roots should be severed at least two (2) inches below the soils surface for
optimal control.
5.4 Biological Control Methods
Biological control methods involve the introduction of Iiving organisms that are
deleterious to the noxious weed species. This method is only applicable for infestations
larger than five (5) acres in size, and rarely provides complete control of the noxious
species. Frequent monitoring must be carried out with this method.
5.5 Chemical Control
Chemical control can offer the most effective means of noxious weed control when
applied at the appropriate time. Not all herbicides are equally effective against all weeds,
nor can every herbicide be used in all settings. The respective herbicide applicator should
consult with a weed manual before applying any herbicide to the land.
Ursa Operating Company Noxious Weed Management Plan 3
6. Treatment Recommendations
6.1 Pad Surfaces
It is recommended that the area directly adjacent to structures be treated with a bare
ground herbicide. The bare ground treatment will be applied once a year or as needed to a
ten (10) foot perimeter around the structures located on Ursa developments. All other
areas are to be spot treated with an appropriate herbicide.
6.2 ROWs and Surrounding Lands
Ursa assets should be treated with a selective herbicide appropriate for the species where
the noxious weed is found. The appropriate chemical to be applied will be determined by
the licensed herbicide applicator. The specific herbicide applied will vary depending on
the landowner, time of year and the stage of growth the plant has obtained at the
proposed treatment date. The Bureau of Land Management (BLM) must be contacted
prior to treatment on Federal lands.
6.3 Special Requirements
At this point in time there are not any special requirements for Ursa assets or the
associated ROWs with regards to management of noxious weeds or other undesirable
species. Any and all special requirements will be amended to the document as soon as
practicable.
7. Management Strategies
7.1 Prevention
Taking preventative measures to abate the spread of noxious weeds is critical for proper
land management. Noxious weeds can become established on or near disturbed land very
rapidly and have the capacity, capability and potential to spread quickly to other areas.
Noxious weed seeds and vegetative matter can be transported by means of animals,
vehicles, shoes, and hay to name a few examples of transportation. Operators should be
aware of established noxious weed populations and the possible transport mechanisms on
their property and surrounding properties.
7.2 Revegetation and Rehabilitation
After an area has been successfully eradicated of noxious species, or before establishment
has taken place, actions to revegetate the disturbed area should be taken to minimize the
chance of noxious weed establishment. If the disturbed land has desired species growing
as a result of revegetation efforts, competition with noxious species will be increased.
Therefore, the potential and capability of the noxious weed to establish in the disturbed
area is limited.
Noxious weed management strategies for Ursa will include a monitoring program.
Surveys will be carried out between the months of April and October. Noxious weed
populations will be monitored at this point through qualitative visual interpretation as
well as mapping.
Ursa Operating Company Noxious Weed Management Plan 4
8. Conclusion
This noxious weed management plan provides an outline for the treatment and management of
noxious weeds. Please refer to Appendix I for the Noxious Weed Summary Documents which
provide contact information as well as general information pertaining to Ursa assets. An annual
report will be compiled to assess the overall management program.
Noxious weed control is critical to guarantee the environment is preserved for future generations
to enjoy and utilize. Adhering to this management guide will aid Ursa in managing noxious
weeds encountered during active involvement at developed sites.
These recommendations are not intended to be used as a definitive guide for noxious weed
management. Herbicide recommendations are available from both the state and local
governments and/or licensed applicators.
Ursa Operating Company Noxious Weed Management Plan 5
9. Amendments
Please make note of any supplemental information as it becomes available in this section.
Date
Notes and Initials
Ursa Operating Company Noxious Weed Management Plan 6
10. Noxious Weed Management Resource Guide
Garfield County Vegetation Management
Steve Anthony — Garfield County Vegetation Manager
P.O. Box 426, 0298 Cr 333A
Rifle, CO 81650
Phone: 970.945.1377 ext. 4305
Fax: 970.625.8627
Email: santhony@garfield-county.com
Mesa County Division of Pest Management
Judith Sirota — Weed & Pest Inspector
P.O. Box 20,000
Grand Junction, CO 81502
Phone: 970.255.7120
Fax: 970.244.1700
Email: judith.sirota@mesacounty.us
Pitkin County Land Management Department
Melissa Sever — Public Works Administrator
76 Service Center Road
Aspen, CO 81611
Phone: 970.920.5390
Fax: 970.920.5374
Email: melissa.sever@co.pitkin.co.us
Colorado Weed Management Association
Phone: 303.779.7939
http://www.cwma.org
Colorado Department of Agriculture
Division of Plant Industry- Biological Control Section
P.O. Box 400
Palisade, CO 81526
Phone: 970.464.7916
Colorado Department of Agriculture
Steve Ryder, State Weed Coordinator
Noxious Weed Program
Division of Conservation Services
700 Kipling Street, Suite 4000
Lakewood, CO 80215
Phone: 303.239.4173
www.ag.state.co.us/dpi/weeds. weed.html
Ursa Operating Company Noxious Weed Management Plan 7
11. References
Colorado Department of Agriculture. (May 2013). Noxious Weed Species, Retrieved from
http:; www.colorado.gov/cs/Satellite/ag_Conservation/CBON" 1251618874438
Garfield County. (May 2001). Garfield County Noxious Weed Management Plan. Retrieved
from http://www.garfield-county.com/vegetation-management/documentsi
weed_management_plan_adopted_,pdf
Mesa County, Division of Pest Management. (November 2009). Mesa County Noxious Weed
Management Plan. Retrieved from http:/1www.mesacounty.us/mcweblpestcontrol/
weeds.pdf
Pitkin County. (March 2010). Pitkin County Noxious Weed Management Plan. Retrieved from
http: ftwww.aspenpitkin.com?Departments/Public-Works/Land-Managementr'Wccd-Management-
Plan/
United States Department of Agriculture, Natural Resources Conservation Service. (2008). Soil Survey
Information. Retrieved from: hrtp:.:websoilsurvey.nrcs.usda.gov/app/WebSodSurvey.aspx
Whitson, T. D., Burrill, L.C., Dewey, S.A., Cudney, D.W., Nelson, B.E., Lee, R.D., & Parker, R.
(2006). Weeds of the West (9th ed.). Laramie, WY: University of Wyoming
Ursa Operating Company Noxious Weed Management Plan 8
RE -VEGETATION PLAN
VALLEY FARMS 0 PIPELINE
Ursa: COMPANY
COnnPANY
PREPARED FOR:
URSA OPERATING COMPANY LLC
792 Buckhorn Drive
RIFLE, COLORADO 81650
PREPARED BY:
HRL COMPLIANCE SOLUTIONS, INC.
Environmental Consultants
HRL COMPLIANCE SOLUTIONS, INC.
2385 F'/2 Road
Grand Junction, CO 81505
970.243.3271
DATE PREPARED:
December 2015
Table of Contents
1.0 Introduction 1
2.0 Site Characterization 1
3.0 Final Reclamation 2
3.1 Removal and Disposal 2
3.2 Substrate Preparation 2
3.3 Seeding/ Timing 2
3.4 Drill Seeding 2
4.0 Stormwater Mitigation 3
4.1 Best Management Practices (BMPs) 3
4.2 Reclamation Monitoring 3
5.0 References 5
APPENDIX A
APPENDIX B
APPENDIX C
APPENDICIES
MAP OF LOCATION
APPROVED SEED MIX
GARFIELD COUNTY REVEGETATION GUIDE
?Ursa
1.0 Introduction
This Re -vegetation Plan (Plan) describes procedures necessary for reclamation and re -
vegetation of the Valley Farms 0 Pipeline Project in Township 6 South, Range 92 West, Sections
9, and 10, in Garfield County, Colorado.
This Plan will cover re -contouring, reseeding, noxious weed treatment, stormwater mitigation and
monitoring of the Valley Farms 0 Pipeline Right -of -Way (ROW). This plan outlines the final
reclamation of the pipeline ROW once pipeline construction has been completed.
The reclamation of disturbed land is a critical component when creating a system where
ecological functions and values are restored once the ground disturbance activities have
ceased. Rehabilitation of the disturbed area assists the natural ecological processes to move
towards a self -promoting condition. Once a self-supporting environment has been
established, the natural processes of the location can take over and continue the
rehabilitation processes with minimal intervention from outside parties.
This plan is designed to provide guidance concerning reclamation and re -vegetation
activities for Ursa Operating Company (Ursa) land managers upon construction
completion. The area to be reclaimed and re -vegetated shall be kept as weed free as
practicable of all undesirable noxious weed species. Weed control measures shall be
conducted in compliance with the Colorado Noxious Weed Act (C.R.S. 35-5.5-101.et.seg),
Garfield County Noxious Weed Management Plan, and Ursa's Valley Farms 0 Pipeline
project specific plan. Stormwater mitigation will be in compliance with the Colorado
Department of Public Health and Environment (CDPHE) Water Quality Division General
Permit Series COR -030000.
Procedures identified in this plan apply only to the defined area of the Valley Farms 0
Pipeline ROW. Personnel working on this project should be familiar with the re -vegetation
plan and its contents prior to preliminary construction activities.
2.0 Site Characterization
The community of Silt is the nearest population center approximately I mile north of the
pipeline ROW. It is located in Township 6 South, Range 92 West, Sections 9, and 10 in
Garfield County, Colorado.
The location is approximately 5,444 feet in elevation and receives around 10-12 inches of
precipitation per year. The frost free period ranges from 100 to 120 days, creating a
growing season of approximately four months. According to the Natural Resources
Conservation Service (NRCS), the soil type(s) within the disturbed area of this Project
consists of one (1) general soil unit.
Arvada loam (1 to 6%) This deep, well drained, sloping soil is on fans and high
terraces. Permeability is very slow, available water capacity is moderate. Effective
rooting depth is 60 inches or more. Native vegetation is mainly saltgrass, alkali
sacaton, and greasewood.
1
?Ursa
3.0 Final Reclamation
Reclamation and re -vegetation processes will begin immediately following trenching and
backfilling. Reclamation activity will be in compliance with CDPHE COR -030000 General
stormwater permit, and Ursa's asset wide reclamation plan.
In accordance with the Garfield County Noxious Weed Management Plan, a noxious weed
survey will be conducted before construction activities begin. Dust suppression measures
will be implemented as applicable.
All equipment used on this re -vegetation project will be inspected prior to entering location
to ensure no noxious weed seeds are being transported onto the site.
3.1 Removal and Disposal
During reclamation and re -vegetation of the site, once pipeline construction has ended, all
wooden stakes used to secure wattles and straw bales and other waste associated with
construction of the site will be disposed of properly. This includes any trash left behind on
Location such as pipe fittings, used lumber or miscellaneous items that have been discarded.
Temporary fencing installed during construction will be removed. Existing fence Iines or
historic fence lines within the designated area of the 4.5 acre site will be repaired, replaced,
or removed as agreed to by Ursa.
3.2 Substrate Preparation
In reclamation, the condition of the soil is very important for the establishment of a healthy
self-sustaining environment. Locations where the soil has noticeable spills will have the
contaminated soil removed or remediated, and disposed of in accordance with Garfield
County.
The substrate shall be contoured to emulate the surrounding lands topography. Pre -
disturbance photographs and visual extrapolations are to be used to create this contour.
Historically this site has had gently sloping pre-existing contour elevations with no major
drainages to replace. The soil used to contour the landscape will be applied in accordance
to the order it was removed (i.e. first off, Iast on). This practice will ensure that the soil is
applied to the appropriate horizon from which it was taken from initially. Salvaged topsoil
will be distributed across the entire disturbed area at a depth of six (6) to twelve (12) inches.
3.3 Seeding/ Timing
During reclamation, seedbed preparation will consist of scarifying, tilling or harrowing
seedbed to a depth of three (3) to four (4) inches post ripping. This will occur just prior to
seeding. Seeding of the ROW will take place upon completion of construction activities.
3.4 Drill Seeding
Drill seeding will occur on slopes that are fess that 2:1. Drill seeding will be performed at
a depth of 0.5 inches, seed will be covered with soil and lightly compacted to ensure good
seed to soil contact. Seed will be applied using a rangeland seed drill with a seed release
and agitation mechanism sufficient to allow seeds of various size and density to be planted
at the proper seeding depth. The seed mix for this reclamation project will be an approved
iSL?Ursa a�C.Ssr,
CB,+FNJ.
Seed Mix (Appendix B). Certified weed free straw will be applied at a rate 2,000 lbs/acre
and crimpled in place following drill seeding as applicable.
Once the pipeline is installed and backfilled, reclamation operations may commence.
Reclamation will be achieved by surface roughening, drill seeding and applying mulch as
applicable. At this time permanent stormwater Best Management Practices (BMPs) will be
instal led.
Ideally planting will occur in the fall, before the first snow of the season, early -October is
optimal. If possible, planting should occur in juncture with a predicted precipitation event.
By positioning the seed below the snow fall or rain, the seed will receive good contact with
the soil and utilize the benefits of the precipitation. Spring planting can be conducted after
the frost line is gone from the soil. During all final reclamation seeding, the approved Seed
Mix associated with this project will be used.
4.0 Stormwater Mitigation
4.1 Best Management Practices (BMPs)
To avoid erosion of topsoil and seed transport from storm events, Best Management
Practices will be installed where applicable on the perimeter of the location.
Given the location of the site, surface roughening will reduce stormwater impact and
capture and retain precipitation. Surface roughening is an erosion control practice often
used in conjunction with grading and reclamation. Surface roughening involves increasing
the relief of a bare soil surface with horizontal grooves by either stair -stepping (running
parallel to the contour of the land) or using construction equipment to track the surface.
SIopes that are not fine graded and left in a roughened condition also reduces erosion. Soil
roughening reduces runoff velocity, increases infiltration, reduces erosion, traps sediment,
and prepares the soil for seeding and planting; giving the seed an opportunity to germinate
and establish. Used as a temporary or permanent BMP, surface roughening may take many
different forms including, but not limited to, ripping, pocking and tracking.
4.2 Reclamation Monitoring
Monitoring of the vegetative progress is vital to ensure that proper procedures were
implemented. Monitoring will allow for early response to potential problems encountered
during the reclamation process. Identifying challenges to the reclamation goals at an early
stage will allow for adequate time to formulate a response to the situation. By identifying
potential complications early in the process, the future costs associated with rehabilitation
will be minimized for the operator.
If the treatments do not show the desired outcome, additional actions will be taken to reach
reclamation goals. After the source of the problem is identified, careful attention will be
paid to the timing of the supplemental treatment. If treatments such as seeding are not
carried out at the proper time, the treatment will not be effective and the operator will
effectively increase rehabilitation costs.
3
1.481 Ursa [dell rrrr>
co:vu
Monitoring activities will examine several parameters including: the condition of
implemented BMPs, growth state and success rate of areas seeded, presence and location
of noxious weeds, and possible sources of failure for reclamation processes. Photo
documentation is required for all the above parameters for high-quality progress tracking.
After the initial reclamation amendments are applied, and CDPHE re-vegetation
requirements of 70 percent pre-disturbance levels have been met, monitoring will be at the
discretion of Ursa.
4
?Ursa
5.0 References
Colorado Department of Public Health and Environment's (CDPHE) Stormwater Discharges
Associated with Construction Activity Permit No: COR -030000. (2007).
U.S. Geological Survey (USGS), variously dated, National field manual for the collection of
water -quality data: U.S. Geological Survey Techniques of Water -Resources Investigations,
book 9, chaps. AI -A9, available online at: http:, pubs.water.usas.eov/twri9A
Garfield County, Noxious Weed Management Plan. Retrieved from:
httpahvww.earfield-county.comfveretation-manaeemenUdocuments
Garfield County Reclamation information from the Garfield County Revegetation Guidelines
http://wwm,.earfield-county.com
5
APPENDIX A
APPENDIX B
Ursa Dry Land Pasture Mix
Species
Scientific Name
Variety
Lbs/acre PLS*
Western Wheatgrass
Pascopyrrun smithii
Rosana or Arriba
5.0
Slender Wheatgrass
Etyma trachycaulus ssp.
Pryor or San Luis
2.5
RS hybrid Wheatgrass
Elytrigiarepens x
Pseudoroegneria spicata
Saltlander
3.0
Pubescent Wheatgrass
Thinopyrum intermedium ssp.
Luna
2.5
Tall Wheatgrass
Thinopyrrun ponticum
Alkar
2.0
Russian Wildrye
Psathyroslachsjuncea
Bozoisk)
1.5
Total lbs/acre
16.5
Mix applies —45 seeds/sq ft. Rate will be doubled for handbroadcasting.
APPENDIX C
Garfield County Revegetation Guidelines
from the
Garfield County Noxious Weed Management Plan
Revegetation and Rehabilitation:
A crucial part of any weed management plan is the reintroduction of site appropriate
vegetation.
Establishing a desirable plant community after noxious weeds have been removed from a
highly infested area requires timely cultivation and reseeding. Since the seeds from noxious
weeds may lay dormant for many years, removing all visible signs of the noxious weeds does
not ensure against their return. Revegetation can help prevent the germination of weed
seeds. It is important to inspect the land regularly to identify and treat small, new infestations.
For proper reclamation, managed irrigation of dry areas, fertilization, and reseeding are
essential to establish desirable plant communities.
Native plants are most appropriate when the goal is restoration (trying to restore native
habitat). Weed -free seeds of native Colorado grasses, wildflowers or plant species
appropriate to the site may be purchased, but the best source for seeds is from native
species that grow in the immediate vicinity of the infestation. They will be best adapted to
local conditions and will help maintain local integrity and genetic viability. Using native plants
or seeds to reclaim disturbed land reduces degradation of native ecosystems, reduces the
need for herbicides and conserves water resources. Native plants will provide a broad
biological diversity and help keep Colorado looking like Colorado with a unique regional
landscape that sets us apart from other areas of the country.
When the goal is reclamation (reseeding for quick ground cover establishment or erosion
control), it may be appropriate to use introduced, non-aggressive grasses and forbs.
Contact the Natural Resources Conservation Service or Colorado State University
Cooperative Extension for seeding recommendations. The Native Plant Revegetation
Guide for Colorado, published by the Colorado State Parks Natural Areas Program, is an
excellent guide for native plant reseeding. Contact the Garfield County Vegetation
Management office for further information on this material.
STRATEGIES:
Study all vegetation in the area and surrounding areas.
• Preserve plant species native to Colorado.
• Test the soil for pH balance. Try to retain and utilize as much on-site topsoil as possible.
Select a predominant species that is appropriate to the site. Then choose a few
complimentary species to provide a balanced plant community.
Choose plants that are healthy, vigorous and pest free.
▪ Use weed -free seeds. Use non -hybrid seeds. Avoid commercial seed packets
containing exotic plant species.
• Choose plants that are horticulturally appropriate, i.e. plant species that are adaptable to
climate, soil and topographical conditions of the designated area.
Consider the use of water, its availability and the vegetative requirements.
To landscape for wildlife, choose native plants that provide cover, forage, browse, seeds
for birds and rodents, and shade.
Be site-specific; revegetation strategies may vary for small lots, farms, ranches or
construction sites.
Establish a vegetative cover that is diverse, effective and long lasting, capable of self -
regeneration.
Stabilize the surface.
Garfield County Requirements (Adopted May 7, 2001)
At the discretion of the Board of County Commissioners, as part of the Planning and Zoning
approval process, for land disturbances outside the building envelope, the County may
require, at preliminary plan and prior to Final Plat, the following items:
A Soil Plan to include:
o Provisions for salvaging on-site topsoil.
a A timetable for eliminating topsoil and/or aggregate piles.
o A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for
a period of 90 days or more.
A Revegetation Plan to include:
o Plant material list (be specific, scientific and common names required)
o Planting schedule (to include timing, methods, and provisions for
watering, if applicable)
o A map of the area impacted at preliminary plan (where the soil will be
disturbed)
o A revegetation bond. (Agricultural practices are exempt from
revegetation requirements unless they are in association with a
subdivision or land use proposal.)
A revegetation security may be required if, in the determination of the Board of County
Commissioners, the proposed project has:
o A potential to facilitate the spread of noxious weeds.
o A potential to impact watershed areas.
o A potential for visual impacts from public viewing corridors
o Steep slopes (15% or greater) or unstable areas.
o Disturbs large areas (Half an acre or greater)
The revegetation security will be in an amount to be determined by the Board of County
Commissioners 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
according to the following Reclamation Standards. The Board of County Commissioners will
designate a member of their staff to evaluate the reclamation prior to the release of the
security.