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HomeMy WebLinkAboutApplication - PermitI Garfield County Building & Planning Department 108 8th Stree~ Suite #401 Glenwood Springs, Co. 81601 Office:970-945·8212 Fax: 970-384-3470 Inspection Line: 970-384-5003 Building Permit No. \lt-sS Parcel No: 2409-324-00-138 Loca lity: Job Address : Una Road-Parachute ------------------------------------------------ Use of Building: Co ll bran Yard Office Traile r ---------------------------------------------- Owner: Specia lty Restaurants Corp/Stockton Restaurant Contractor: Mod Space Fees: Plan Check: $ 63.21 Septic: Bldg Permit : $ 97.25 Manu : $ 40 0.00 Total Fees: $ 560.46 Clerk: -~\U\j\~1 Date: ~C)-~~-()~ I ' 2 3 4 5 6 7 GARFI ELD COUNTY B U ILDI NG P ERMIT APPLICATION I 08 8th Street. S uite 40 I , Glenw ood S prings, Co 8 160 I Phone: 9 70-945-82 12 I Fax: 970-384-3 4 70 I In s p ecti o n Line: 970-3 84-5003 \\ \\'\\ .garficl d-co unt Y.co m Parce l No: 2409-324-00-138 Jo b Add ress: Parachute co ~~ UMD\ 7ro~ ~ Lot No: Bl oc k No : Subd./ Exempti on: N/A N/A N/A Ow ner: Address Ph : Specialt y Rest au rants Corp 80o/. Stockton Restaur ant Corp 20% 8191 Ea s t Kai se r VLVD Anaheim, CA 92808-221 4 (714) 279-6100 Co ntrac tor: Addre ss Ph : ModS pace 18 151 E. 6t h Ave . Au rora, CO 80011 800.523 .7918 Architect / Engi nee r : Address Ph : Brigg s Engineer ing Inc. 1111 S. Orc ha rd, Suite 600 Bois e Idaho 83705 208.345.2881 Sq . Ft. of Bui ldi ng: Sq. Ft. o f Lot : Hei ght : 440 3 78.14 Acres WkPh· (714),279-6100 ~~~~-?~~~-\~ Alt Ph : No . of F loors: 1 8 Use o f Building: c!:. o u, b ra.trt 'f ()J--c\ ...-. Construction Office Buildino 6FHce \ 'fC.uler 9 Describe Work: State approved manufa ctured unit wi ll be pu ll ed onto location and set on appropriate foundation . 10 Cl ass o f Wo rk : (ZJ New 0 Aiterat ion 0 Add it io n I I Garage: Se ptic : 0 AIIac he d 0 De tached O rs os 0 Communit y 12 Drive way Permit : See Attached Owners va lu ati on o f Work : $ NOTI CE Authority. Thi s application for a Bui lding Pennit must be sign ed by th e Owner of the prope11y, de scribed abo\'e, or an authori zed agent. If the sig nature below is not that of the Owner, a se para re letler of au tho rity. signed by the Ow ner, must be provide d wit h rhi s Applic ation. Legal Ac cess. A Oui ldiu g Permit cann ot be issued without proof of legal and adequa te access to th e property for pu rposes of ins!}ee tion• by the Build ing Department. Other Permits. Mu lti ple se parate pennits may be required: (I ) State Electrical Pe nn it, (2) Co unty ISDS Pe rmit, (3) anot her pennit re quired for usc on th e pro perty id en ti fied ab ove, e.g. Stat e or County Hi ghwa y/ Road Ac cess or a S tat e \Va stew ate r Disc harge Permit. Yo it! Pcrmjt. A Bu ildin g Permi t beco mes null11nd vo id if the work authorized is not co mm ence d with in 180 days of th e date o f is suan ce and if work is s uspend ed or abandoned fo r a peri od of 180 days after comm ence ment. CE RTit"tCATION ~reby ce 11 ify th at I have read tl1i s App lication and tha t th e in fonnat ion con ta ined abo\'e is true an d correc l. I un derstan d th at the Buildin g Departm e nt accepts the Applicati on. along with the plans J spccifi cntio ns nnd o lh cr dolo su bmitted by me or on my beha lf (s ubm iunls), bnsed upon my certification as to accura cy. Ass umin g co mpl eteness oft he submitta ls and approva l of this Application, a Bu ildin g Penn it will be issued gra ntin g pennissio n to me, as Owner, toconstruc lthe stn><:ture(s) am). facilitie~detailed 011 th e submi tr als reviewed by the Buil ding Departm ent. In co nsideration of th e iss uance of the Building Penn it, I agree tJmt I and my agerus will comp ly wit h provisio ns of an y federal, slat e or loca l law regulati ng th e work and th e Garfi eld Co un ty Bu ilding Code, ISDS reg ul ati ons an d applicable land use reg ula tions (Co unty Regulation(s)). I ac know ledg e ll>a t the Building Pennit may be suspended or revoked , upo n no ti ce from th e Cou nt)'. iflh e loc ation, constmcti o n or use ofthe st mctur e(s) and fa cility(ies). descri be d above, are not in compliance wi th Coun ty Regul ation(s) or any oth e-r ap plicable Jaw. I here by grant pennis sion to the Building Department to enter the propcn)'. described above, to in spec t the work . I furth er acknow ledge that the issuance of the Bu ild ing Pennit does not pre\'en t the Building Offi cia l from: (I ) req uiri ng th e correc tion of errors in th e submittals, ir any, discove red aft er issuanc e; or (2) stopping constmc tio n or use or the stntcturc(s) or ra cili ty(ies) if such is in violation of County Rc gutation(s) or any oth er applicable law . Re\'lew or Lhis A pplication. incl uding subm ittal s, an d inspectio ns of the work by the Bui lding Department do no t constit ute an accepta nce of responsibility or liab il ity by tJ\e County or errors. omiss ions o r di sc repancies . As the Owne r. I acknowledge that responsi bility for complian ce wi th federal, state and local laws and Count y Re gul ations rest with me and Ill)' authorized age nts, including without ~~:TH A T I HAVE READ AN D UN DER STA ND TI-I~OTI ~~Cj;;~T;N ABOVE : ~;,., ''''i'.!· '"'"'"' .... ··;"" SIGNA1f URE ~TE STAFF USE ONLY Special Condition s : Adjus ted Val ua tion : Plan C heck Fee: Permit Fee: Manu home Fee : i\li sc Fees: <¥{{p(J,aJ &~~2( 47,25 4tl? .. w - ISDS Fee: Total Fees: Fee s Paid: l!r\"5 ~ia) BP No.~ Iss ue J>ale : IS DS No & Iss ued Date: ff{tf), 4(1> 101 ~~2 0 1 \\S~ -~ Setbacks: OCCGroup: ~ Cons t Ty p{:: ~~~t l~~~~ '6 (.t;jJ&PJ ~~~~~ bf3/'2!tj6?; APPR VAL DATE A ROVAL 1 ~~~ DAT E 0 o2-1 c &' -~~ 00 (f(~.fr) (y> ~~ ( ! D) The following items are required by Garfield County for a final Inspection: I) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access. road. 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent. kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails. Balconies and decks over 30" high must be constructed to all IBC and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.O. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.O. IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.O. for the building identified in the Building Permit. Bapplicationseptember200 VALUATION FEE DETERMINATION Applicant Address Date Speciality Restaurants Corp/Stockton ResuSubdivision TBD Una road, Parachute Lot/Block I 0 /22/20 08 Contractor Finished (Livable Area): Main Upper Lower Other Total Basement: Unfinished Square Feet Valuation Conversion of Unfinished to Finished Total Valuation Garage: Carport: Total Valuation Crawl Space Total Valu ation Decks/ Patios Total Covered Open Valuation Type of Construction: Occupancy: Valuation Total Valuation sq.ft sq.ft sq.ft sq .ft X $74.68 0 sq.ft sq.ft X $41.00 sq.ft X $33.68 sq.ft X $18 .00 sq.ft X $12 .00 440 sq.ft X $9.00 sq.ft X $24.00 sq.ft X $I 2.00 Commercial sf X sf X sf X sf X sf X sf X 0.00 0 .00 0.00 3,960.00 0.00 0.00 3,960.00 GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI-FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10} occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re-bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. A window schedule. A door schedule. A floor framing plan, a roofing framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. windspeed, wind exposure B or C, and a 36 inch frost depth.- All sheets need to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IBC, !PC, IMC and IFGC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: I. Is a site plan included that identifies the location of the proposed structure, additions or other buildings, setback easements, and utility easements showing distances to the property lines from each corner of the proposed structure prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Slopes of30% or more on properties must be show on site plan. (NOTE: Section 106.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyors signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the l:milding envelope as it is shown on the final plat with the proposed structure located within the envelope. Yes ,f 2. Does the site plan when applicable include the location of the !.S.O.S. (Individual Sewage Disposal System) and distances to the property lines, wells (on subject property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes No Not necessary for this project ,f 3. Does the site plan indicate the location and direction of the State, County or private road accessing the property? Yes_,(_ 4. Is the !.S.O.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? 2 Yes __ _ No Not necessary for this project .f 5. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifying them as "Not for construction, for permit issuance only", "Approval drawings only", "For permit issuance only" or similar language? Yes .f No Not necessary for this project .f 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the uniform building code or per stamped engineered design? Yes No Not necessary for this project____{_ 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundation plan for this building? Yes .f No__ Not necessary for this project____{_ 8. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes__ No__ Not necessary for project___{___ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes___{___ No Not necessary for this project __ I 0. Do the plans include design loads as required under the IBC or IRC for roof snow loads, (a minimum of 40 pounds per square foot in Garfield County)? Yes____{____ No Not necessary for this project_{_ II. Do the plans include design loads as required for floor loads under the JBC or JRC? Yes No__{_ Not necessary for this project __ 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes___{___ No__ Not necessary for this project___{___ 13. Is the wind speed and exposure design included in the plan? Yes No__ Not necessary for this project___{___ 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes .f No Not necessary for this project .f 15. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes____{____ No Not necessary for this project __ 3 16. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Check applicable zone district for building height maximum) Yes___!____ No__ Not necessary for this project___!___ 17. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or Phase II EPA certification? Yes No Not necessary for this project .f 18. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IBC or lRC? Yes I No__ Not necessary for this project__{___ 19. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the IBC or!RC? Yes No Not necessary for this project___!___ 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes _L No__ Not necessary for this project __ 21. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panills; shower doors and tub enclosures and specify safety glazing for these areas? Yes__ No__{___ Not necessary for this project __ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building? Yes I No Not necessary for this project .f 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) Yes No__ Not necessary for this project .f 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? Yes_L No__ Not necessary for this project_L 25. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes _L No__ Not necessary for this project __ 4 26. Do the plans indicate the location and dimension of restroom facilities and if more than four employees and both sexes are employed, facilities for both sexes? Yes_{_ No__ Not necessary for this project_{_ 27. Do the plans indicate that restrooms and access to the building are handicapped accessible? Yes No Not necessary for this project__{_ 28. Have two (2) complete sets of construction· drawings been submitted with the application? Yes .f No 29. Have you designed or had this plan designed while considering building and other construction code requirements? Yes__ No__ Not necessary for this project__{_ 30. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? Yes .f No ---- 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? For corner lots see supplemental section 5.05.03 in the Garfield County Zoning Resolution for setbacks. Yes .f No __ _ 32. Do you understand that approval for design and/or construction changes are required prior to the implementation of these changes? Yes .f No ---- 33. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit" fee as well as any "Septic System" or "Road Impact" fees required, at the time you pick up your building permit? Yes_{_ No __ 34. Are you aware that you are required to call for all inspections required under the IBC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? Yes .f No ---- 35. Are you aware that the Permit Application must be signed by the Owner or a written authority be given for an Agent and that the party responsible for the project must comply with the Uniform Codes? Yes .f No ---- 5 36. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made between 7:30a.m. and 3:30p.m. Monday through Friday. Inspections are to be called in to 384-5003. 3 7. Are you aware that requesting inspections on work that is not ready ... or not accessible will result in a $50.00 re-inspection fee? Yes I No ___ _ 38. Are you aware that prior to issuance of a building permit you are required to show proof of a driveway access permit or obtain a statement from the Garfield County Road & Bridge Department stating one is not necessary? You can contact the Road & Bridge Department at 625-860 I. Yes I No ___ _ 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. Yes I No ---- 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcel/ Schedule Number for the lot you are applying for this permit on prior to submittal of the building permit application? Your attention in this is appreciated. Yes I No ___ _ 41. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes I No (Please check with the building department about this requirement) 42. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading permit? Yes I 43. Did an Architect seal the plans for your commercial project? State Law requires any commercial project with occupancy of more than I 0 persons as per Section I 004 of the IBC to prepare the plans and specifications for the project. Yes No Not Necessary for this project I 9/30 /zuf6 6 Signature Phone: 970.285.2757 (days); 970.456.3978 Project Name: Collbran Pipeline Project Project Address:--'-N--'-/--'-A-'-------------~-- Note: Date (evenings) If you answered "No" on any of these questions you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. Delays in issuing the permit are to be expected. Work may not proceed without the issuance of the permit. *If you have answered "Not necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to determine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. *If you answered "No" to this question the circumstances described in the question could result in a "Stop Work Order" being issued or a "Certificate of Occupancy" not being issued. Bpcomm October 2006 7 1111 WI•',.~Vo11oV~Ml!.HIUI.IIU.W.~r,FI\'I.)\ I.M.~·~ IIIII Reception~: 753473 09/04/2008 e1:54: 14 PM Jean Alberico 1 of 3 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO ADMINISTRATIVE PERMIT for EnCana Oil and Gas (USA) Inc. [Collbran Pipeline] In accordance with and pursuantto Section 9.07 of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2005-53 of the Board of County Commissioners of Garfield County, State of Colorado, the Director of the Building and Planning Department hereby authorizes, by Administrative Permit, the following activity: 3.61 miles of pipeline within Garfield County to transport natural gas from the Collbran/Plateau Valley area of western Colorado to the Meeker Gas Plant in Rio Blanco County. The proposed pipeline will be up to 20-inches diameter. The project also includes a staging area and contractor's office facility to be located on private property (Specialty & Stockton Restaurant) The Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Builcling Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO -<_ Director - 1111 M•i. ~L.:I~~Hil .r.lUI.lil .lo~Tr.flli:Mil:l"al\.l.+ll.~·li IIIII Receptionij: 753473 09/04/2009 01:54:14 PM Jean ~lberico 2 of 3 Reo Fee:$0.00 Doe Fee:O.OO GARFIELD COUNTY CO Exhibit A Page 1 of2 1) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas ConseNation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines; 2) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities shall be painted in a unifonn, non- contrasting, non-reflective color, to blend with the adjacent landscape. Right-of- way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts claarly dictate otherwise; 3) All access and oversize or overweight vehicle pennits shall be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified driveway accesses created as a result of the pipeline construction, intended to be pennanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences; 4) All vehicles working within Garfield County Right of Ways will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Department before a penni! will be issued; 5) The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a fonnat readable to the County Geographic Information System (GIS) analyst; 6) In no case shall an operator engage in activities which impact Federal or State threatened and endangered species; 7) Air contaminant emissions shall be in compliance with the applicable pennit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R. S; 8) All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards; 9) Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations; 10) Should any abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application; 11) The APPlicant shall provide revegetation security in the amount of $154,250 prior to the issuance of the Administrative Pipeline Pennit; 12) The Applicant shall provide a copy of the Stonnwater Management Plan for Garfield County Records; 13) Construction of Phase II (as represented in the application) shall not begin until a copy of the Bureau of Land Management Right-of-Way agreement is submitted to the Building and Planning Department for review; 14) The Applicant shall provide Garfield County Vegetation Management seed tags upon completion of the revegetation process; 15) The Applicant shall submit project-specific Biological Resources Protection Plan prior to construction of the project Phase II; 1111 Wl·i. ~rt.IVYI,MIU~l .H!l .~-tJI~IIII~riMr)l .1-k'L~·~ 1111 I Reception#: 753473 ~8104/2008 01:54:14 PM Je&n Alberico 3 of 3 Reo Fee:$0,00 Ooo Fee:O.OO GARFIELD COUNTY CO Exhibit A Page2of2 16) Once the construction contractor selection is finalized, EnCana shall provide a detailed, project-specific Emergency Response plan to the County and the construction contractor representatives will meet with representatives from the Sheriffs department and Grand Valley Fire District prior to any construction of the proposed pipeline; 17) The Applicant shall comply with the conditions of utility permit number is GBRB08-U-68 regarding crossing County Right-of-way (County Road 300) and any future conditions deemed necessary by Garfield County Road and Bridge Department regarding the health, safety and welfare of the citizens of Garfield County during construction wHhin County Right-of-way; 18) Signage shall be in place no less than five (5) days prior to the actual work being done to let users of Cr. 300 be aware of the road closure for the installation of the road crossing showing the detour route to Battlement Mesa via Cr. 300; 19) The proposed contractor's office and storage areas shall only be utilized in conjunction with the construction of the proposed Collbran pipeline. Immediately following the completion of the Collbran pipeline project the proposed storage area and office shall be reclaimed and reseeded; 2 EnCana Oil & Gas (USA) Inc. February 3 , 2009 Fred Jarman EnCana Oil & Gas (USA) Inc. 370 1 t h Street, Ste 1700 Denver, CO 80203 tel: 720.876.3989 fax : 720.876.4989 cell : 970.309.8106 brenda .linster@encana .com Director, Garfield County Building and Planning Department 109 81h Street, Suite 401 Glenwood Springs, CO 81601 Re : Collbran Pipeline Project Building Permit #11 ,153 Dear Mr. Jarman: On October 23, 2008 EnCana Oil & Gas (USA) Inc. (EnCana) received a Building Permit for an office trailer at the 7-acre Contractor Yard associated with the Collbran Pipeline Project. EnCana requests that the permit and any future correspondence be transferred/directed to Enterprise Gas Processing LLC effective February 15, 2009. ct me if you have any questions. renda R. Linster Regulatory & Land Advisor-Commercial Eng ineering Services As existing permittee, I hereby gree to the transfer of the above-referenced permit and certification and all responsibilities thereof. Date I hereby accept transfer of the above-referenced permit and have reviewed the terms and conditions of this permit and accept full responsibility , coverage, and liability. I request the transfer be effective on February 15, 2009 . .., ~ z-.5~G:?;:? Mike Todd Date Manager-Land West Region EPCO, Inc. 217 North 1st West Green River, WY 82935 Cell281-630-5219 ENCANA .. EnCana Oil & Gas (USA) Inc. February 3, 2009 Fred Jarman EnCana Oil & Gas (USA) Inc. 370 17th Street, Ste 1700 Denver, CO 80203 tel : 720.876.3989 fax: 720.876.4989 cell : 970.309.8106 brenda .linster@encana.com Director, Garfield County Building and Planning Department 109 81h Street, Suite 401 Glenwood Springs, CO 81601 Re : Collbran Pipeline Project Building Permit #11 ,153 Dear Mr. Jarman : Pf' ;/IS~ ) OW~.e'/S LjP £." <:..a '"' A_ fb CC"'-1~./,sc {Oc o) On October 23, 2008 EnCana Oil & Gas (USA) Inc. (EnCana) received a Building Permit for an office trailer at the 7-acre Contractor Yard associated with the Collbran Pipeline Project. EnCana requests that the permit and any future correspondence be transferred/directed to Enterprise Gas Processing LLC effective February 15, 2009 . ct me if you have any questions. renda R. Linster Regulatory & Land Advisor-Commercial Engineering Services As existing permittee, I hereby gree to the transfer of the above-referenced permit and certification and all responsibilities thereof. oz ·r1 ·o, Date I hereby accept transfer of the above-referenced permit and have reviewed the terms and conditions of this permit and accept full responsibility, coverage, and liability. I request the transfer be effective on February 15, 2009. / ~ ~ Z -.5~<.?)? Mike Todd Date Manager-Land West Region EPCO,Inc. 217 North 1st West Green River, WY 82935 Ceii281-B30-5219 DEPARTMENT OF TRANSPORTATION Reg ion 3 Traffic & Safety Utility Penn1t Section 222 South ff' Street, Room 1 00 Grand Junction , Colorado 81501 (970) 683-6271 FAX : (970 ) 683-6290 July 31, 2008 Encana Oil and Gas Mike Mohror 2717 CR 215 Parachute , CO 81635 Rc: Utility Permit# 14,078 Dear: Mike Mohror, STATE OF COLORI\00 Please find enclosed, Utility Pennit number 14,078 with the Standard and Special Provisions attached. You will find two (2) copies of the Permit. Please review the "Permittee" and "Activity Descr iption " sections of the Permit tor accuracy . Please note the changes/nddition s to the Standard & Special Provision s. Please rend carefully . The new provis ions arc in effect JmannH)' 1, 2008. PLEASE REVIEW & COMPLY WITH TilE ATTACI-IEil "LATE FALL, WINTER & SPRING SPECIAL I'ROVISIO~S FOR UTILITY IN STALLATIONS". If the infonnation is correct and you agree to th e attached Standard and Special Provisions , please s ign, attest and date both copies of the pennit. Retuna to me at the above addre ss, one copy of the penn it (without attachments) with the original signatures . Upon my receipt of the fully endorsed copy, the Permit shall become valid . Utility space in the ROW is becoming a concern . It may be necessary in the future to combine utility owner lines in a common trench in som e locations . I must bring to your attention, thnt abandoning utilities in The Right of Way (ROW) will no longer be allowed, unless at CDOT direction. I may be reached at the above number should you have questions or if I may be of further assistance . Sincerely, :J,L--· ·/L-~- Brian Killian Utility Coordinator/Inspector Xc: Pile Graham COLORADO DEPARTMENT OF TRANSPORTATION UTILITY PERMIT PERMITTEE DEPARTMENT USE ONLY Name Date issued 7/31108 1CANA OIL AND GAS (USA) Pcnnit # 14 ,078 . , dress SJI.# 006M \1.P. 70.5 2717 CR215 Region 03 PARACHUTE, CO 81635 Section 02 Telepho:1c: (970)948-6083 Representative: MIKE MOHROR Patrol 3209 NOTICE TO PERMriTEE: l'ursu ant to ?-l.~tOJ C .R.S. )'OU shall not make or begin ucawtion without fint notifying the Utility Notificat ion Center of Colorado (UNCC) and if nKnsary, then llOiif)'ing th tirr two mtn•bers having undt'lround facilit ies in the area or Juch uca.-ation. Norific11ti on shall also be ginn :Z days In advance of work to the COOT rtgion alllrrmlltlng oflict, or as othcrwiK directed b)' this l'm~~it's SP«ial rrovhlons locate COOT unlltfKroun4 raclliti£S. Notice of the commcnrcmcnt, c1tent and duration or the "'cnatioa work shall br giftn at tr;ISt two bu•lnrsslla)'s tlriorlhcrcto, not Incl ud ing the day oh<lual notlcr. Tbc UNCC may bualltd at t-800.922-t9117/CIIOT (970 ) 683-6271. ACTIVITY DESCRIPTION (Furnished by Pennittee} PURPOSE XX Installation 0 Adjustment 0 Removal 0 Maintcnll/lce o f existin g Faci lity FACILITY (Type , size, d n.~s oftransmittant, dl)sig~ ~rc ssure or etc. )INSTALl NEW 24" NATURAL GA S TRANSMISSION LINE UV DOIU NG. -- NATURE OF JNSTAI.I ,ATION D Longitudina l (Para llel) XX Transverse (Crossing) XX Uuried D Aerial/Ground-mounted O Attach. To Hwy . Str. No. __ LOCATION State Hwy. No. ~ County GARI<'Iio:UJ Cityfl'own PARACHUTE Milepoint(s) 1Qj Intersecting Pcaturc(s): __ ADDITIONAL REMARKS C IJitJ!ENT INSllltAN~E ~E IHJ F ICATE QN FII~E , PLEASF: Ht::VIEW & C:OMI•LY WITH TilE ATTACIIE J> "l.ATE FALL, WINTER & SI'IUNG SI'I<:C IAL I'ROVJSIONS 1•'01{ UTILITY INSTALLATJONS "SEE S I'EC IAL I'IWVJ SION 1122 & 30.: For underground facility localion infonnntion , contact : UNCC & CDOT Telephone {800}922-1987 & {970}683-6271 SPECIAL PROVISIONS (completed by the Department) The Special Provisions arc terms and conditions of this permit. Any work shoJI only be in accordance with the approved plans and special provisions as set forth in this permit and Its attachments. The CDOT inspector is RQDNF.Y !;!RAIIM1 Telephone (970) 683-6318 (970) 683-6340 Work is to be completed on or before: 11115108 or within _ Work tim e restrictions : Qa Yl .I{;,II·IT HQ!JitS Q~I.X, NO WEEJHlNOS OR HOLIDAYS . days, (n.o; applicable) Designated minimum cover is 4H " Designated overhead clearance is N/A (ALSO SEE AlTACHED STANDARD rROVISIONS , AND ADDITIONAL SP EC IAL PROVISIONS), (TRAFFI C CO~TROL MU ST CONFORM TO THE MUTCD) Other: FIELU INS PECTOR S IIALL BE NOTIFIJ.o:D 4H IIOUns PRIOR TO BE G INNI NG WOHJ< OR PERMIT IS VOlt>. Permittee is prohibited from commencing any wo r k within highway ROW prior to issuance of a rully endorsed and validated permit. Permit, Jllan exhibit, Insurance certificate(s), and traffic control1>lan must be available on site during work. High visibility vests are required at all times during working hours. Your reque st to ase and/or occupy state highway system rights of way a5 de suibcd abovt Is ~r11nted subject to the turns and condltlom of this 11trmit, Includ ing thl.' Standard and Speciall'rovlslons as shown on tilt permit aud allllll&chmen ts hereto . To the txtcnt authorl7.td hy law, Permittee hereby a ~sumes, rtltases and agn:es to indemniry, defend, prottct, and san! the State of Colorado harmles' from and ag ainst any less and/or damages to the prcperty of the State of Colorado, third parties or the Permittee's farilities, and all loss and/or dama~e oa account of injury to or death of any person whomsoever, arising at any time, caused by or groiYiog out of the occupation of Colo ratio Stole Highw ay rights u ll'IIY by Pennittec's facilities or ar1y pa rt th~reof, Including but not limited to installntlot, adjustment, rducation, mrllnlenanre or op~ra tlon , or removal of e~hlin~ facilities, unlus such loss and/or dHmngc arises from the sole nrgllgenrt or willful conduct of the St a le of Colorado or its employees or agents. 1-'allurc by the Permittee to comply with any of the Included terms or conditions may subject this penni I to suspens ion or cancellation, nt the discretion d the Department ofTronsportution . TillS PERMIT IS NOT VALlO UNTIL fULL\' t NDORStm BV Al.l , PARTIF:S, WITH PATE OF ISSU•: AFFIXI::O UY AN AUTIIOR17.Ef) REPRESENTATIVE OF TilE DEPARTMENT. A FULLY EXE<.lJ'rt-:J> COPY OJ.' HilS Pt:RIIHT l'llll~T HE ON FILE i\T TilE TRANSI'ORTATION ltF.GION OFF'ICt:. In accepting this permi t the undersigned, rcpresrntlng the Pcrmittct', \'crlflu that he or she has the authoril)' to sign for a nti bind lht' rcrnlittct', and that he or she has read, uudmtands and accrpts All the Included conditions . -~~·-~~~---···· ....................................... .l..~~~· .... ;~~fr~~~:C .................. ...l~/.:;oJ • Title : :::Nr FbR.. ~(k4-fA I ~cl G~ ( u&JI) ;?'"j~_ COLORADO DEPARTMENT OF TRANSPORTATION I By . ' I Date I Chief Engineer I WELDON ALLEN/BRIAN KILLIAN .. Drstnbutton: Drstncl Fft e (Ongrnal) I PermitteetAppllcant Inspector CDOT Fonn ff 0333 02106 Mtce Patrol Supvr. Mice Landscaping Supvr Previous versions are obsolete and should not be used. COOT UTILITY/RELOCATION/SPECIAL USE PEHMIT STANDARD PROVISIONS The following Standard Provistons nrc terms and conctitions of this permit: Effccrh·c i\JMth 1, 2006 ,tility work authorized Lnder this pennit shall comply with th~ requirements of the State Highway Utility Accommodation CodL:, and applicable federal, stne. lo~:al, nnd industry codes and regulmions. Consuuction of Jnyponion of the highway facility, includ:ng the pilvem~:ot strucrure, subsurface supporl, drainage, la:-.dscnping eh::ments and all appurter.nnt features, shail comply wilh !he provisions oftbc COOT Standord Specific.uions for Road and Bridge Construction, and with the Colorado Slandard Plans (M & S S:andards). I. COMMENCEMENT ANDCOMrtETION Work on highway Right of Way {ROW) shall no! commence prior to issuance of a fully endorsed and validated pennit. Pcnnittcc slHlll notify the COOT inspector a. At least 2 working days prior tc-commencing work, or resuming operations which have been su~ndcd for five or more consecutive working days b. When suspend:ng operations for 5 or more working da.ys c. Upon completion of work. tVork shalltiOt proceed beyond a completion dt~te specified in 1hc Special )revisions without wriuen approval oflhe Dcpt~rtmcnt. ' I'LANS, PLAN REVISIONS, ALTERED WORK 'Inns or work sketch (EXHIBIT A) are subject to COOT ap,roval. A copy o:· he approved plans or sketch must be ovai13ble on sice during work. Plan :visions or altered work differing in scope or n::uure from that aulborizcd nder thi~ pcm1il, arc subject to COOT prior approval. Penniuee shall romptly notify !he COOT inspector of cha.1gcd or unforeseen condi1ions, •hich may occur on the job. INSURANCE 1Surancc Requirements for Utility ::md Special-Usc Permits (Revised 1.05 per :ate Rcqt:irements) A. The Penni nee shall obtain, and maintain atalltin:es during the perfomtance of work authorized by this Permit, ir.suronce in the following kinds and amouniS. ne Pcnnittee shall require any Conlractor working for them within the State Hig.1way Right of Way 10 obtain li:re coverage. The Permittee sh;~ll also require any Contnctor or Consultant perfonr.ing work described in sub- pamgraph 4) bebw, to obtain Prc,fcssional Liabilily lnsura.nce. I) Workers' Compensation Insurance as required by state SlallJie, and Employer's Liability lnsuran~ covering all employees acting within lhe course Jnd scope of their cmp!oyrnem and work on. the activities ~uthoriz_e_4 by this Permi_t:. 2} Commercial General Liability Insurance written on JSO occurrence form CG 00 01 I 0193 or equivalent, covering premises operntions, fire damRge, independent Consultants, products a.nd completed operations, blanket cc-ntracrualliability, personal injury, and advertising liability with minimum limit~ as follows: a. S\,000,000 each occurrence; b. 52,000,000 general aggregate; c. $2,000,000 producls and completed operations a-ggregate: and d. $50,000 any one fire. e. For any pem1ancm Penniuee-owncd installation;: located within the Stat~ Highwt~y Right of Way, highway repairs, or sit:: restor::nion, Compl:!t:!::! Oper:uior.s ~cvcmge shnll b~ provided for a minimum period of one year following final ~cccptancc of work. If any aggregate limit is reduced below 1.000,000 because of clait1S m:~dc or paid, the Penni \lee, or as applicable· their Conuactor, sh311 immediately obtain addi1ional insurance to renore !he full aggr~gate lin1it and furnish to CDOT :1 cenificatc or other documem satisfaclory 10 COOT showing compliance with this provision. J) Automobile Liability Insurance covering any auto (including owned, hired and non·owned autos) wilh a minimum limit as follows: S I ,000,000 each accident combined single li.nit. 4) For any: a) engineering design; b) co1struction inspection; or, c) traffic conltol plans approved by a TraOic Conlrol Supervisor; done in assoeialion wilh the operations or installalioru authorized by r:,;s permit, Profe3sion:~l Liability lnsumnce with minimum limits of liability of not less !hanS l,GOO,OOO Ench Cldm and $1,000,000 Annual Aggregate. lfthepolicy is written on a Claims Made fom1, the Pennittee, or, as applicable -lheir Conmltnnt or Contrnclor, shall renew and maintain Professional Liability lnsurilnce for a minimum oflwo years folloning fin3l acceptance of the work, or provide a project specific Policy with a rwo year extended 1cpor1ing provision. 5) Pollution Legal Liability lnsurarn:e w.th minimum limits of liability ofS \,000,00) Each Claim an:J S 1,000,000 Annual Aggregate. COOT shall be named as an additional insured to the Pollution LegaJUability policy. Ifrl.: Policy is a component of the Professional Liability Policy, th~; Additional Insured rcqu:remenl is waived, and the Policy shall be written on a Claims Made fonn, with an extended .·eporting period of at least two year following final accept:mcc of the work. 6) Umbrella or Excess liabilhy lnsurane~ with minimum limits of S 1,000,000. This policy shall become primary {drop dJwn) in the event the primary Liability Policy :imits are impair:d or cxbausicd. 1lle Policy shall be wriucn on an Occurrence fom1 and shall be following fonn of the primnry. The following form Exce$5 Liabilicy shall include CDOT as an additional insured. I3. COOT sha.ll be named as additional insured on the CommcrciC\l General Liability and Automobile Liabili:y Insurance policies. Completed operations a<klitional insured coverage shall be on endorsements CG 2010 ll/85, CO 2037, .Jr equivalent. Coverage required by !he Permit will be primary ov:::r any insurance or' self· insumnce program corrid by the State of Colorado. C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to COOT by certified moil. D. The Permittee, or, as applicable-their Ccntroctor or Consultant, will require all insurance policies in any way related to the Pemtil and sccu~ed and maintained by the PermiUec, Contractor or Consultant, to include clauses stating that each carrie! will waive <~.II rights of recovery, under subrogation or otherwise, againS1 COOT, ils 3gencies, institutions, organizations, officers, agents, employees and volu.1tecrs. E. All policies evidencing the insurance coverages required h~reunder shall be issued by insurance companies satisfac1ory to CDOT. F. The Permittee, or as applicable ·their Contractor or Constdtant, shall provide ceniiic<~tcs ~howlng insurance coverage requ:rcd by this Pcnr.lt to CDOT prio~ to commencing work. No later than 15 days prior to the cxpiratioo date of any such coverage, the Pcnnitter, Contractor or Consuhant, shall deliver COOT ccniflcaces 02106 COOT Pennit Fonn 1283 and Standard Frovisions Page~ of 6 CDOT UTJLJTY/RELOCATJON/SPECJAL USE PERM IT STANDARD PROVISIONS of insurance :Yidcncing rcnenals thercor. t\t :my time during the term of this comroct., COOT mny request in wnting. and the Pcnmuee, ContraciOr or ConsJitant, sh:11lthereupon within iO l:ays supply to COOT. cYidence satisfacto!)' to COOT of compliance with the provisions of this section. G Notwithstanding subsection A of this section, iflhc Penniuee is a "public entity" "ithin the meaning of the Cololddo Govcmmcnnl Immunity Act CRS 24·10·101. ~··as amended ("Act'), the Permittee shall at all times during the u:rm of this pcnnit mnintain only such lit~bility insurnnce, by commercial policy or self· insur,1nce, as is necessary to meet its lillbilities llldcr the Ac1. u.,on request by CCOT. the Penni nee shall show proofofsuch insumncc satisf<~ctory to COOT. Public emity Pcrmiuecs are not required 10 name COOT as an Adtf1tionallnsured. H. J( the Permince engages;~ Comrocwr an<Vor Coosulttmt to act independently from the Pennin.:e on the permilted work, rhat Contractor andlorConsuliant shlll be required to provide an elldorsemcnt n3ming CDOT as an Addilional Insured on their Commercial G::nernl Liability, Auto Liability, Pollution legal Liobiliry and Cmbrella or Exce5s Liability polici:s. 4. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility wmk within municipal boundaries (puisuant to43-2-135 CRS), on certain public lands, or on private property, may require separate approval of the appropriate jurisdictioral agency or property own-.:r. 5. JNST ,\LLATIONS ON FilE ElVA YS coor may penni! utility oocommodations on freeways, including bul not limited to the Interstate System, only in nccordoncc with Utility Accommodation Code provisions. Special else exceptions as defined !herein may be penni ned only in accordance with FHWA~approvcd Jepanmentul policy. JOINT USE ALTERNATIVES t'IS dircc:cd or apprm·ed by CDOT, ifnecesSJry for the s..1fe :md efficient use of the ROW, Permittee shall u:ili1.e joint usc fac:ililies such as the placement of two or more separate litles i1 a common trench, or 3tlachmcnt to the same overhead support. The Pcm:itt~e will be responsible for proper coordination with other affected utilities. 7. ATTACHMENT TO HIGHWAY STRUCTURES Penni uec is responsible for designing structure anachments, subject to the approval of the COOT Staff Bridge Design Engineer. 8. DRAJ'IAGEIVAYSAND WATERCOURSES The Jlow of water shall not ever be impaired or interrupted. Where possible, crossings of di!c:hes, canals cr water-call}'ing structures shall be bored or jacked beneath. Irrigation direh oreana! cross'ngs require approval of the ditch :ompany or owner. Pennittee shall repairdarrage to any drainage. facility to the mtisfaction of the o\vner. · l. TRAFFIC CONTROl. PLAN a. Prior ta commencing work, the Pennit!c:e shall develop and submit to the Department for acceptance, a Traffic Control Plan (TCP) fot an]' accommodation work that will affect traffic mo.,.ement or stfety. The Pennittce shall implerr.ent the TCP and utilize naffic control devices as n.eceuary 10 ensure the safe and expeditious movement ofunfllc around and thrlugh the work si:e. b. The Penni !lee sho.il develop the TCP, and Methods o( Handling Traffic (MHT's) included therein, in conformance with the Manual 011 Uniform Tra(fic Comrol Devices (MUTCD), the Colorado Supplement thereto adopted by the Commission pursuant to sections 42-4·1 04 a11d 424·1 05 CRS, the Department's standard specifications for t.:mporary tra.ffic control and the Department's standard pl:ms for si~rning • Stand11rd Plans S 630-1 ;md S 630-2. The TCP shalt include! provisions forth: passage of emerl!encv vt:Oicks LhJUu~h lht: wl)lk .tvuc:, .:.uJ ~h.:.ll CiliifUmi tv iii,;~ · requiremeniS of the Americans with Disabilities Act. Tl1e TCP and MHT"; shoJI contain sufficitnt d~toil to dcmons1rme co1!0nnity with all applicable rcqdrements. c. The Pcrmiuee shall h;l.\e a competent person at the wort: sire at all times in responsible charge oftcmpor3r)' name control. In situations where the TCP goes beyond a1y Typical Applic:uion shown in the MUTCD, or particularly dangerous roadway or Ironic conditi::ms exist, the Department may require the Pem1i11cc to hnve a Traffic Comrol Supcr~isor (TCS) devdop or approve the TCP or to have a TCS on-site dJring work. The TCS shall be certified tlS n worksite traffic superv·tlOr by dd1cr du: '-mer'tc:m Traffic Safety Services Associalion (ATSSA) or the C<:·ll)rodo Contractors r\ssoci:nion (CCA), and shall have .1 current CDOT fhl~;gcrs· certificMi(JII card. The iCS shall be tL'Sf-Onsible for the planning, prcparacion, coordination, implementation, and inspectioo of the TCP. d. The Permittee shall not start the perrniucd work before t~c Department accepts the TCP. e. The Depanrnent may re,iew and order d.anges to the TCP and MHT's ~uring performance of the work, as required. f. l11e Permittee shall comply with the TCPat all times during pcrfomuncc of the work. g. The Pennittee shall keep a copy of the TCP at the work site at all times during performance of the work for inspection. h. The TCP shall ensure that closure ofintcr~ccting streets, rJad appronches and other acc:.ss poinlS is min'.mizccl. On heavily traveled highways, the Department will not permit opcratiuns :bar interfere with traftic during periods of peak traffic now. i. When Permittee operations coincide with highway construction or maintenan~ operations, L1e Pcnnittcc slmll develop and implement the TCP in cooperation ar.dcoordina.tion with !be highway agency and/or its contractors nnd as otherwise directed by the Department in the penni!. j. All tlaggers shall have a cJrrent COOT fla~ger ccnification card and shall be capable ofcomnmnicating with the traveling public and others at lhe work site. 10. NCHRP 350 CRASH WORTHINESS REQUIREMENTS FOR WORK ZONE TR,\FFIC CO~TROL DEVICES Work zone devices designated by FHWA as: Category I, including but not limited to single-pice! drums, rubes, cones and delineators; Category 11, inch:ding but not limited to barricades, venical panels with light, drum! or cones with light, poruble sign supports, intrusion dete,tors and type Ill barri::tdes; or as Category Ill, includir.g but not JimitcC to concrete barriers, fixed sign suppons, crash cushions, and other work :zore devices not meeting the definitions ofC:ucgory I or II; shaD meet NCliRP 350 crash test requirements. The Penniuee, or their contractor shall cbt.ain and make avDilable upon reques~ the manufacturer's wrinen NCHRP 350 certificttion, or as np;>licable, the FHWA Acceptance Letter, for each rypc of device. F~IWA Acce;Hance Letters fo~ Category II or Category Ill Work Zone Devices may be accessed through the FHWA website at hnp·lf1ilfe'Y !bwa do! go.,../roadwnv dqt/road hardwart/wz4,.lltm 1 J. WORKER SAFHY AND JJEALTJJ a. All workers within the Scate llighway right of way shall comply with their employer's safety and health policics/p;occdures and all applicable U.S. Occupational Safery and Hec:lth Administralion (OSHA) resulalions • inelu<ing, but not limi:ed to the a~plicoblc sections of29 CFR Part 1910 ·Occupational Safety and Health Standards and 29 CFR Part 1926 ·Safety and Health Regularions for Constru:tion. 02/06 CDOT Pem1i.t form 1283 1nd Standard Provisions Page 3 of6 CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS h Personal prctccdvc cquipme11 (PPE) (e.g. hc.td protection, ft'otwenr, high visibility apparel, ~afety g/.1%t'~. hearing rrntccrion, respirators, gloves, etc.) sha/~ be wom as appropriate for the "'ork being performed, and cs specified in regulaticn. At a rninimum, all workers in the SH ROW, except when in their vehicles, shall wear the following personal proteclive .:quipn1cnt: I) Head protection that co:nplies with the ANSI ZS9. Js1and.1rd; 2) AI all c:mstruction sites or whenever tln.-re is danger of injul)' to feet, workers shall comply with OSHA's PPI! requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear sh:~tl meet the requirements of ANSI Z41; 3) ~ligh visibility app;~rel. which shall, m a :ninimum comply with the Cl.ass 2 specificmions of the ANSIIISEA I 07stnndnrd. Class 3 app;~.rel shall be considered for u~e at night or in particularly h:nardous situations. 4) The mod receot version of the ANSI standards listed above shall apply. 12. ADA REQUIREMENTS nu-: Penr1itlee shall comply with the appli::able provisions of the Americans ~Vith Dis~bililies Act, with rc..o;pcct to both permanent f.1cilitie.s installations and emporary work zones. •J. CLEAR ROADSIDE CONSIDER~TIONS a. COOT is committed to provide a roadside area that is as free as pr::u::tical from nontraverseablc hnzards and fixed objects ("clear zone"). New above ground insullarions may be permitted within the clear zone only upon a showing that no fcnsiblcaltemate loc;Hio:u exist Pem1ittee must utilize appropriate countermeasures to minimize ha2ards. b. Pcrminee shall remove materials and equipment from the highw:.y ROW at the close of daily opt:rotions. The tr;~.fficeontrol plDn nJ'JSI include protective mensures where rn:uerials and equipment may be stored on ROW. Protection ofcpen trenches nnd otherexcuvationt~ within highway ROW shall be addressed in the Pennittee's traffic control plan. All excavations shlll be closed at t~e end of daily operations. and no open excavation will be allo\vtd in the cle..1120ne after dark. The Permittee agrees to promptly undertake mitigatin,; or corrective actions acceptable :o the DcpartmcAt upon notific:nion by CDOT that the installation pennilled herein hu resulted in a hazardous situation for higl1wayusers. GENERAL CONSTRUCf!ON REQUIREMENTS a. Work shall notl:c performed at right or on Sarurd'ays, Sundays, o.- holidays without prior authorization or unless otherwise specified in :his permit. CDOT may restrict work on ROW during adverse 'Neather conditioos or during periods or high traf& volume. b. TI1ose areas within ROW, which must be disturbed by permit operation~ • .shall be kept to a practical minimum. Penninee shall not spray, cui, or trim trees or other landscaping clements within highv~ay ROW, unless such work is otherwise specified in lhis pennit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move ovc· paved surf<tces without mats, or Jads on tracks. c. Material removed from any portion of the roadway prism must be r~placed in like kind with equal or better compacton. Segregation cfmaterial is not pennitted. The penni ned facility shall be of durable rn.atcrials in confonnity v.ith accepted pra~tice or industry standards, designed (or long service life, and rclalively free from routine servicing or maintenance. d. Construction oreomp1ction by me:~ns of jelling, p\1ddling, or water nooding is prohibited within all J1igh\\ay ROW. e. Thrust blocks are required on all vertic:JI and horizontal bends in pressure pipes. f. Metm: shall not be plaeed on highway ROW cxt't:pl within corporate limits where municipal regulations allow such use. 15. ,\LIGNM~NT, COVER, CLEr\RAJ\'CE a. Location and alignment of Pcrmine-c's facilities shall only be as spcci]t:d in this rx:rmit or as otherwise indicated in the ;~pprow:d plans or work sketcb (EXHIBIT A). b. P:Iraflel inst:Jllntions will not be permitted within roadways (including curbing antVor shoulders) or median arcns, except within corprute boundaries, subject to municipnl regulmions. c. Parallel installations stould be located u ne:~r as practicable to the ROW line. Crossings shall be :1s ncorl)' pcrpC1tdicular to the hlghv.ay as feasible. d, Whcrt no feasible altemate loc:J.tions exist, the Dep:utmettC may pennitparallel installalions along roads;de are:1s within IS feet from e:dge of shoulder or back of curb. In thc;:c cases, the facility must be so loccted :md safeguanlcd ns to avoid p>tcntia\ con nict with necess1ry highway appurtenances (signs, guard rail, dcli:leators, etc.). Specific safeguards such as increasing depth or cover to 60 inches, capping, or enc::scment, shall bespecHit!d in this pem1it's Special Provisions. c. f'arallcl insrallations shall follow a uniform alignment, wherever practfC-1). Due consideution must be giv:n to conserving space available for future utili!)' oceommodations. TI1e standard nllowable deviation from ll1c approved horizontal alignment is :1: 18 inches. f. Minimum cover shall ccnform to the Sptcial Provisions. Nom1al spccifitd cover will be 48 inches or grca1er; reduced cover n~ny be approved where site conditions warmnt, subject to other safeguards as maybe specified or approved in the pmnit. Minimum overhead clcarante shall confonn to the Special Provisions, con.~ist.znt with Utility Accommodation Godc criteria. 16. PAVEMENT CUTS AND REPAIRS Paved surfaces shail not be cut unlt.'SS otherwise specified in this pcmit. No more than one half the width or lhe roadbed may he opened at a time, when olhmvise permitted. P.avemcnl shall be sawed or wheel-cut to a neat line. Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall confom110 the Special Provisions or the approved plans. 17. SO RING, JACKING, E:-ICASEMENT Unless otherwise spe<:ified, buried crossings shall be bored or jacked ·Jeneath the rnodway, at least from toe ofs!OJ:e to toe of opposite slope. Portals for untrenched crQssings more than5 fett in depth shall be bulk headed in conformance with OSJ lA constructic.n and !>afcty star.dards. Portal limits of un<renched crossings shall be established safely beyond she highway surface anC clear zone and h no case shall the lateral disrance from the surfac~d area of the highway to the OOring or jacking pit be Jess than the venical difference ln elevation between such surface o.nd the bottom of the pit, Water je:ting or tunneling is not pemined. Water assisted boring may be pcmlitted as determined by the CDOT lnspecror. Boring hole shall be oversized to the minimum amount required to allow pt.dl~through of the conduit being :nstalled. Remltant .,.·oids shal. be grouted or otherwise backfilled, subject to COOT approval. Ends ofbcorcd sections shall nol be covered before being inspected. Enco.sement sh11ll be consistent with Utility Accommodation Code provisions. CD:JT may require prottcrive casing for shallow insraJialions or certain conduit materials. Fncascd crossings shall extend at least from toe of slope: to toe afs!ope, or the full width bctwcer. acc:!Ss-control Jines on freeways. including the lnterst2te System. 02/06 COOT Permit Fonn 1283 and Slandard rrovisions Page 4or 6 CDOT UTILITY/RELOCATION/SPF.CIAL USE PERMIT STANDARD PROVISIONS 18. INSPECTION AND ,\CCEPTANCE a, CUO r wtll dcterm~ne the exte:tt oiinspcction s~rviccs necL"ssary 10r a given instal::llion. Pcrrnillee shall attend final inspection os may be required. Jflhc initial perfocmar.ce ofpcnnincd work was un3cceptable, as detcnnined by the Department, the Pcmtiuee shall perform any ra:onstruction or improvement oftw work as ordered by the Depanment, in a timely manner and prior to nny fun her construction. lfpcnniucd operations arc not being carried out in compliance w:th the tenJJS and conditions ofthi~ penn it, the Depanmcnt may ofdt:r the Perroitte:! to perfOrm whatever corrective measures are necmary to a nail compli;~nce with the pcmtit. tr there is an immediate danger to the public's health, safety or welfare, the D:partment may order the Pem1ittee to cease all opeuuions :md ifnccess:uy, ro semove n.ll cquipmemaod facilities from the S/IROW. b. Fint~l accept:m;e does not relieve Pemtittl!'e of rnJintenance obligations toward those elemer.ts o(the highway facility constructed under this penni!. final acceptance begins the two-yc:~r warranty period (see requircmcrl under "Operation ilntJ Maintenance" below). 19. ENVJRONMENTAL CLEARANCES/PERMITS a, It is the rcsponsibili!y of the Permittee to determi:1c which environmental clearances and/or regulations appiJ to their activhies t~.nd to obtain any clearances !hat are required directly from 1he appropriotc regulatory ngency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clear.:~nce Information Summary" (ECIS) for details. The ECIS may be obwined from CDOT PennitringOrticcs or may l:>c occcssed via the COOT webpage :1.1 hltp://www.dotsmte co.u~Utjljry1'rogrom/Fonns.:rJ11. f'llilure to comply with regulatory requirements may result in sosp~nsion or revocation ofyc-ur COOT permit, or enforcement actions by other ngencics. b. The Special Pro·1isions of this permit shall list any specific environment11l deamnce.~ or permits that the Dcpnrtmcnt hns been notified by the Permittee or by the administering regulatory agency apply to the operotions authorizec. by this pennit. The Specinl Provisions shall require the Penniuee obtP.in the li~ted environmental cle.:lrances/pcnnhsprior to beginnirg work. c. The Permittee s/xlll comply with all requirements described in the COOT Environmental Cle:uanccs lnforrnntiou Summary, including those pertaining to: 1) Ecological Resources 2) Cultural Resources 3) DischargesofSiormwatcror Process Water 4) Ha7.ardous \iatcrinls 5) DisohargesofDrcdgedorfil M81erial 6) Erosion nnC Sediment Control 1) Disposal ofDrilling Fluids 8) Concrete Washout 9) Spill Reponing 10} Transponation of Hazardous Materials d. Disturbance of any wildlife shall b: avoided to the maximult'J eXtent practicable. If threatt:nc:d or endangered species or ucheological or historical artifac\s are encountered during the progress of a project, work in the subjecurea shalt be halted and the COOT regional pcnniuing office shall be comac1ed immediattly for direction as to how to proceed. c. All disch:1rgcs ofsronnw;uer or process water are subject to rhe l.lpplicable provisi·)nS of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulacions, f. There shall be no disposal ofhazardous materials in the stale highway right of way. Solid waste shall be removcc from the state highway right of way and disposed of at a permiued facility or designated collection point (st1ch as the Permittee: 's owr dumps1cr). Drilling fluids must be disposed (If as described in the ECIS. g. If pre-existing solid waste or hazardous materials contamination (inclucing oil or gasoline con !<Imina ted st'lil.nsbestos. chemicals. mine uilings, etc.) are encountered during the perfonnance of work, the Pennittee shall hall work in the affce~cd area ~md immediately cont:Jcl the CDOT regional pcnnitting o:licc ror directioo as (O how ro proceed, h. Spills shall be reported 1m mediately usir.g the COOT Illicit Discho:ge Hotline (303: 512-4446. Spill~ on the highway, into walerw;~ys, or rhat may :Jiherwise prcscul an immediate danger to the public, shall be reported by calling 91 I or tl1c Colorn:Jo State Patrol .:1 (303) 239-4501, :md the Colorajo Dep.'lnntcnt of Public H~:nl1h ond Environment at 1-(877) 518-5608. 20. RESTORATION OF R.JGIJT OF WAY Prior to linal nccepmncc, all disrurbcd portions of highway right of w.:~y shall be cleaned up and r:slored to t!M:ir originPI condition, subject to COOT approvaL Seeding, sodding, :md planting shall be as specified, or otherwise ::lpprovcd by COOT. Conslruction, Dlaintcnance and watering requiremems shall confonn to th.! COOT St::md::uJ Specifications. Where landscape reHoration must be delayed due to s~onal requirements, such work may be au:horized by separate permit. Permittee shall use only certified weed-free seed and mulch, Permiuec shall clenn equipment bcf::lre lransporting it into or ou: of the state to p;eventthe migration ofno;~~ious weeds. 21. OPERATION AND MAINTENANCE a, Permillo: agree:~ IQ own and maintain the installation penni ned herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause f1e lc:Jst interference with the nonra.l operation and maintenance of:hc highway. b. If any element of the lran)porr::ttion facility, constructed or replaced as a condition ofrhis pemil, fails within 24 months. due to improper construc!ion or matt.'lials, Pennittee shall make all repairs immedia:ely as notified ir writing by COOT. e. Routine, periodic maintenance and emergency repairs may be perfonnd under the gene;al terms and conditions of this permit. COOT shall be given proper advance notice whenever mahlenance work wi11 affect the movemenl or safety oftraffie. In an emergency, the COOT Region office ~nd the State Patrol shall immediately be notified of possible traftic hazards. Emergency procedures shall be coordinated beforehand, where possible. d. Maintena.1ce activities requiring new excavation or other disrurbanee wit!Un highway ROW may require separate permh. Where highway constructi:Jn or maintenance operations so require, Pennittcc will shut off lin~, remove all combustible materials from the highway right of way, or provide o(her temporary sareguards. 22. MARKERS, LOCATION AIDS, LOCATION ASSISTANCE a. The utility shall take all practical measures to ensure that buried utility facilities are surface-detectable by standard geophysical methods. Where th~ utilit} facilities, by the nature ofthcir material properties. burial depth or other fpcto~. may by themselves not be surface-detectable, the utility shall, where feasible, incorporate detection wire or other detection aids in the installation of those facilhies. In instances where detection aids are not feasible or would be ineffective and Sl.rface-dctcctability cannot be ensured, surface markers shall be installed as directed by the Department and as·constru.;ted plans and showing the accurate horizontal and vertical location of the burhd facilities shall be provided 10 !he Department b. All plowed or trenched instlllations must in;ludr! color~codd (using the American Public Works Association color coding system) W£ming tape placed not less than 12 inches vertically above G2106 COOT Pmnit Fonn 1283 and Standard Provisions PRge S of6 CDOT UTILITY/RI£LOCATION/SI'f:CIAL USii: PERMIT STANDARD PROVISIONS thi! top at" the line. The warning tape sltaiJ be sur/Ucc-detcctablc: if needed to fxilit:ue detection of the line. c. The utility shall place n::~dily idcntiliablc mo·kers at the right of WilY line where il is crossed by pipelines CMTting mmsmiuan!S which arc: nr.mmablc:, corrosive, expam:;ive, c1crgized, or unsLJblc, particularly if carried at high pressun: or poh.!lti:JI, except wht!fC a vent will scn·e as a marker. d. lhe utility slall place markers for lon_gimdinal underground facilities vertically 11bove the facilities or at a {nown horiwntal offset, unlcss01herwise apprc.ved in writing by the Depanmcn:. Each marker shall provide a fore· and bncksight to succeeding ;md preceding markers. Markers fhall be instal ted at suitable intervals along tangent sections, at ang 1e points or points ofcurv>~turc ard at reasonable io:crv:~Js along curves. e. The utility shall mainwin any markers required by this Code for tht! life of the installntion. f. The Depanment may require the utility to suh11it "as-con~tructed'' plans. The Department may en1er iota an agreement with the t11ility whereby the Oepanment can rely on those plans for the cxnct loc:uion of the utility for any future excavntion3, and need not give notice to the utility under Article 1.5 of Title 9,C.R.S. g. Titc utility wil: comply whh the applicable requirements of Article 1.5 of Title 9 C.R.S., including nny rcquircmcn: to participtllc in the State's NotifiCJtion Association pursuant to 9-1.5-105 C.R.S .. All owners of underground utilities within the S!-IROW, with the exception of the Department itself, must bccom~ members of the UNCC Notific:uion Association. h. In addition to complying with the provisions or Aniclc I .S of Title 9 C.R.S (Onc·Call Stalllte) in ksponse to the Department's notilicntion of planned excavations, utility owmrs shall surface· mark !heir buried utility facilities that arc located within tln! SHROW in order to facilitale Departmental engineering and design activities, upon reasonable request from the Dep:mment, and at no cost to the Dcpanmcnt. The rcrrniucc shnll rc.s~ond 10 such rcqucs1 within a re.1son3ble timefrnme a.::ceptable to the Deportment, but no longer than 14 calendar days from tht: dale of request, and the accuracy of the ~urf.1ce marking shalf be wi1hin 18 inches of either side of the actual location ofthc buried facility. ADJUSTMENTS DUE TO HICHWAY CONS'fRLCTJON for any lransponation purpose it becomes necessary to remove, adjust, or ocate this facility, Permittee will do so promptly, at no costlo the COOT :cpl as provided by Jaw, upon written notice from COOT ~nd in accordance h the U!i'ity relocation pcrmir issued ro cover the ncccssal)' work. The lity shall perfom1 the relocation at or within a time convenient to and in •per coordination with the project or transportation-related activity, to timi7.e public inconvcnic:~cc ond cost, as directed by the Depanment in the mit authorizing the relociltion. The utility compony shall ;>ay for damages sed by t~.e company's delay in the perfonmmce of utility r.:location work or :rfcrcncewlth the performance oftranspo:tation project w:>rk done by :rs. Such d11magt:s: include, but arc not limited to, paymer.ts made by the 1artrnent to any 1hird pnrty based on a claim that perform:ncc of the sportatim project work \O'aS delayed or interfered with as a direct resull of utility company's f.1ilure :o timely perfonn 1he utility relocation work. :1agcs resulting from delays in the performance of the utility rc!ocotion k or interference with the transportation project work that are caused by liS beyor.d the utility company's ability to reasonably foresee or control (a e majeur:) shall not be charged to the utility company. ABANDONME~T, RETIREMENT, CHANGE IN OWNERSHIP a. T.1e Pcnniuee shall notify the Deparuncnt in writing of the planned rc:iremcnt or abandonment ofils f~cility or any ponion thereof. The Depanment \'fill notiry the Permittee in writing i( it determines tllll the facilities may be retired or abandoned in place, nlong with any speciol condil:ons that may np?ly. b. Retired facilities shall remain the Pcm1inee's sole responsibility, subject to all provisions of the Util:ty Accommo(fation Cod~ and nil of the terms and condilions of the pcrr.ait issued !Or th:Jt f:~cility, including maimenanc:! and relocation ·equirements. c. The Pmnittee shall promptly remove all abandoned fvcilitics from the SH ROW and promp1ly restore thcSH ROW 10 pre-cxis1ing or other conditions prescribed by the Dep:mmcnt unless the Departmem in writing expressly allows the facility to rem<\ in in place. Wriucn notice !'rom the Dcp::trtnent, allowing an abandoned tilcility to remain in pbce, may include spcdal conditicm. d. If utility facilities arc r:!lircd or abandonc..-d in place, th¢ utility sh,1ll comply with that decision ifdin:c!ed by the Dcpanmen:: I) cap, plug or Jill Jines, 2) furnish suit:~ble location records fl)ranysuch buritd facilities, 3) naint.1in its own records of such faciliries and respond 10 ocate notices/requests from the UNCC and/or excav;nors, In providing such Jo:;:ues, the utility will indicate to the requesting entity whether or not the subject facilities arc Jctired or abandoned. 4) pertOnn Any other actions as deemed nt.-ccssnry by the Dcp<lrtment 10 prctectthe transpollation fucility and/or the t:avcling public. c. If the ownership ofulili:y facilities is transferred, both the origin:~] Penniuee and the new owner shall notify the Oepartmen~ in writing prior to the change in ownership, and such n01ice shall s!3te the planned date of change in ownership. The notice from tt:e new owner ;holl include 3 wrillen statement accepting all terms and conditi.:ms of the existin& permit, effective upon the planned date of the change in ownership. f. Utility facilities containin,s asbestos may not be abandoned in-place. OrdinaJily, sueh f.1cilitic~ must be rcmov.~d from the Sl-IROW wl~en lake ou: of service. On a case-by-case basis, the Departn·cnl nmy allow such facilities 10 be retired in·plncc, with the owner retaining fullleg~J ownership and responsibility fo: the facilities. 25. SUSI'ENSION AND CANCELLATION .1. Tlte CD:lT inspector may suspend opcrat:on due to: I) Ncn compliance with the provisions of this penn it 2) Adverse weather or traffic conditions 3) Concurrcnltransponation construction or maintenance opmuions in conflict with the pcmtiued work. 4) Ally condition deemed unsafe for wurkers or for the general public. b. Work may reSttme when ,grounds for suspension no longerex.ist This pcnnit is subject to cancellation due to; I) Persistent noncompliance with pem1i1 provisions 1) Abandonment or trn11sfer of ownership 3) Superseded by new permit covering the Same insmlla.tion 4} Corflict with nccess.ary planned transportation constntction. c. PemtiHce must promptly tcrminat~;: occupancy upon notice of c;~ncellatbn of pemtit, unltss a new pennit is applied for ard granted. d. Wllere Permittee does not fulfill an obligation ;o repair or mninrain any ponicn of the highway facility, or control and safely m~inlllin the flow ofuaffic tltereon, COOT reserves the right, in lieu of canceling this peJmil, to ac:omplish tlte required work by any other appropria-.e means, and Permiuee shall be liable for !he acrual costs thereof. 02106 COOT Pennit Form 12.83 and Stond::trd Provisions Pnge 6 of 6 CC ENTERPRISES -TRAFFIC CONTROL SPECIALISTS, INC Contractor: MOUNTAIN FIELD SERVICES, INC. -ENCANA OIL & GAS Project: HIGHWAY 6 & 24 Method of Handling Traffic: SHOULDER CLOSED PREPARED BY: ~&I~ 07/03/08 ATSSA TCS NAME DATE PHONE: 970=242-0669 CERllFICATION # 00037043 ISSUE DATE: 05/30/2008 EXPIRATION DATE: 05/0812012 NOTES: IAS§D ON SPEED Of 6Q MPH; TAPER: 200' BUFFER: 1 40' END TAPER: 50' 500' HIGHWAY 6 & 24 1. CONTRACTOR W!ll NEED SHOULDER CLOSED DURING WORKING HOURS ONLY. 500' 2. AT NIGHT ALL HAZARDS WILL BE BAR~CADED WlTH VERTICAL PANELS AND FlASHING LIGHTS. 3. REFER TO MUTCD FIGURE 6H·3 FOR lYPICAL SHOULDER WORK SETUP. SIGNS & DEVICES: 1 • SHOULDER WORK CONES 2 · UTILilY WORK AHEAD 1 ·RIGHT SHOULDER CLOSED s o- I ii PJ;f!P.ertx_ Lin!!_ ___ • ,...----- EXHIBIT A SOUTH 1/4 CORNE:R SE:Cn0/1 27 1982 BLM ALUM. CAP H LEGAL D£SCRIPTION A pfpeBne tfrl/lk*wsy loceled In the NE!/4 SW!/4 of Section 27; 17S, R96W. 6U> P.M., GadiBid County, Co/otado,lhe canlerfne of seld tfghkJf-wBy belnflrr:tll8 parliculBtfydiJII<llibed"" lolhws: Cotnmenclng at lhB Soutl!west oomerol681d Section 27 and I1JIII'Ing thence N 8riJ8'30' E. 1628.711i!eta/Mg tho south 6ne thBIUaf; thenceN02'21'30"W.1431.04 feat maa or Sa. to the PQINTOFBEGINIIING, seld point lying on tho11011ho11Y tfght<JI.way ollhB Oenv« & Rio GtandO Western Rsllllllld; thence N 38'12'57" W. 114.80 ""'t to lhB Tie In Point on Gleat Divide P/peffne; lllonr» con~nulng N 36'12'67' W. 26.00 ru.ttolhB POJNTDF ENDING of thO ~y honoln ds8ctibBd, 118id point lying N 4JJ'48'06' E, 2120.981i!et fiT1m tho SoulhW8sl oomer olsalrt Secllon 27. Sllld cenlertlno being 139.80 fBot In length. The base betting for 11!/s SUNOY belnfl N 87'38'30' E. 2695.72 foel between found monuments at the Soulhwl>st Coi1J8fand the &uth OmrOullllot Comotol 5ect1on 27; 17S, R96W. RIGHT-OF-WAY LIMITS BOX Reference Points FROM TO P.O. B. P.O.E. Work Space Left 25' RIGHT-OF-WAY LENGTHS PROPERTY OWNER SECTION HWY8&24 (STATE OF COLORADO) Sec. 27, T7S R96W EnCana Oil and Gas (USA) Inc. Work Space Right DRAWN BY: CJT BASIS OF BEARING Tile base bearing for this survey Is N 87'38'30" E, 2595.72 feet between found monuments at the Southwest CormJr tma th, South Ona--Quattar Comer of Seclfon 27, T7S, R98W. CERTIFICATE OF SURVEYOR /, Ted Taggart of Fruita, Colorado hereby certify thatthis map was made from notes taken during an actual su/Vey made by ma or undfJr my direction for EnCana on & Gas (USA) Inc. and that the l'flSU/ts of which are correclly shown hereon. EXHJBITA SHEET DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Penni! Section 222 South 6"' Street, Room 1 00 Grand Junction, Colorado 81501 (970) 683-6271 STATE OF COLORADO LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weather, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities must be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of backfill shall be repaired. The re-vegetation shall take place yet this fall or early next spring. DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety Utility Pemtlt Section 222 South 6' Street, Room I 00 Grand Junclion, Colorado 8150 I (970) 683-6288 FAX: (970) 683-6290 STATb Ut CULUKAUU -----"1..:;4""0-'-'78~----Permit No __:0::..::0~6!!.:M~-~--Highway No _7'-'0~.'"-5 _____ Mile Marker _3~2~0~9 _____ Patrol No SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS Ttl F. SPECIAL PROVSIONS AIU: TERMS AND CONPTIONS OF TillS PERMIT CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMITTEE OR CONTRACTORS TO CONTACT CDOT (970) 248-7230, FOR LOCATES IF ANY CDOT SIGNALS, FLASHING BEACONS, ELECTICAL SIGNS, LUMINARIES, AND WEATHER STATIONS ARE LOCATED WITHIN 3000 FEET OF CONSTRUCTION AREA TRAFFIC CONTROL I. The complete permit for this work, including approved Colorado Department ofTmnspm1ation (to be know as CDOT or the Department)l'crmit, construction and traffic control plans, will be kept at the work site at all times. The permillee is responsible for providing traffic comrol plans that conforms 10 ami meets the requirement.v of the Mumutl 011 U11iform Traffic Co11trol Devices (MUTCD! am/tile Co/oralio sl/oolemelll.<. 2. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field Inspector. 3. All CDOT employees shall be considered as inspectors when the safety of the traveling public, safety of contractors, employees, or integrily of the property of CDOT is at risk. 4. All work shall cease when weather creates a safety hazard for the traveling public amllor barrow ditch is wet enough to leave tire or cleat marks. 5. Any advance warning signs not in use for a particular activity shall be removed, placed outside ofthe clear zone, or laid flat at least 4' from the edge of tile shoulder and not on landscaped areas or sidewalks. This applies to both signs and structures. 6. All flagging personnel must be certified and have their certification cards available for inspection at any time. 7. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non-working hours. 8. Two-way trnffic shall be maintained at all times in the constmction area in accordance with the M.U.T.C.D. and Colorado Supplements. CONSTRUCTION 9. The pennittee must notify the CDOT inspector no less than two {2) days prior to any work on highway right-of-way. CDOT Inspector's name or altemate contact and phone number is on the permit. I 0. No work shall proceed beyond tlte expiration date specitied on the penni! without written approval ofthc Depm1ment. II. No work shall be pennitted at night or on Saturday, Sunday, or holidays without prior authorization or unless otherwise specified in this permit. CDOT obser·ved holidays remaining: Tuesday, January I, 2008 (New Year's Day observed), Monday, January 21, 2008 (Martin Luther King Day), Monday, February 18, 2008 (Presidents' Day), Monday, May 26, 2008 (Memorial Day),Friday, July 4, 2008 (Independence Day), Monday, September I, 2008 (Labor Day), Monday, October II, 2008 (Columbus Day), Tuesday, November II, 2008 {Veterans Day), Thursday, November 27, 2008 (Thanksgiving Day), Thursday, December 25, 2008 (Christmas). 12. On three {3) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the following Tuesday moming. CDOT Utility Specs-Revised !/04 Pagel 13. Work hours for this permit are from one hour aller sunrise to one hour before sunset, unless otherwise stated in the pe:mit. 14. Permittee is responsible for the safety ofthc traveling public at all times whe~ work is being done. 15. Forty-eight (48) hour notification must be given for the underground location of COOT owned facilities. Phone (970)683-6271. 16. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, bike paths, asphalt, signing, etc, shall be repaired and reported immed~1tely and notification must be given to the COOT lcspeetor or contact CSP Dispatch -970-824-650 I Craig & 970-249-4392 Molllrose. 17. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric stmctures, historic or prehistoric artif.1cts (bottle dumps, charcoal from subsurface hearths, pottery, potsherds, stone tools, arrowheads, etc.), the operation shall cease at once and the permittee shal: contact the COOT Environmental Oflice (970) 248-7223 for guidance. 18. Permittee assumes all responsibility for any and all land survey monuments within the pennitted area of the right-of-way. If disturbed or destroyed, the pcnnittec bears till! cost for replacement. Construction may need to be re-routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South 6'' Sl., Room 317, Grand Junction, CO 8150 I at 970-248-7232. 19. If petroleum or other potentially hazardous material is encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or excavated during the perfmmancc of utility construction shall be the sole responsibility of the Utility and shall be accomplished in ac.:cordancc with all applicable Federal, State and Local laws and regulations. Such clean up and disposal shall be at no cost to COOT. 20. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with flashing amber/yellow beacons, which arc visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is impm1ant to limit the number of extraneous vehicles at each work site. Staging areas shall be pre-approved. 21. Staging and material storage areas, within the right of way must be pre-approved and beyond the clear zone. Employee parking within the right of way shall be restricted and not shall not be allowed, except in pre-approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway clear zone are the construction vehicles necessary for the operation, such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder of the highway is not allowed. Contractor utilizing private property for material storage and staging areas shall furnish COOT with documentation that peomission has been obtained from the property owner. 22. Minimum cover depth for this installation will be 4S Inches or 60 Inches ifwithito 15 feet of roadway. 23. All utilities located at inlets or outlets of all major or minor structures and roadway drainage and itTigation ditches shall be encased or placed at a cover depth of forty-eight (48) inches or !ill inches if within t 5 feet of roadway below the finished ditch grade. 24. Parallel installations should be located as near as practicable to the right-of-way line. 25. Crossings shall be as near perpendicular to the highway as feasible. 26. All above ground structures, (poles, pedestals, anchors, guys, etc.) will be placed outside of, or within live (5) teet of the right ot:way line. 27. Valve •md manhole covers will be set Y. inch below finished grade. 28. No highway, roadway, or bike path (asphalt) or (concrete) will be cut unless specified on the permit. 29. All backfill is subject to AASHTO standard compaction T -99 or T -180 as appropriate. Compaction and materials testing may be required at the discretion of the Depmtment of Transportation. 30. Utilities that cross a state highway underground will be bored with the casing extending at least from outside the toe of slope to outside the toe of slope on opposite side. .ll. The installed line shall be encased in Jlipr. which shall he steel nt least y, inch wnll thiclmcss or compnrnhlc matcrinl. This cncmcmcnt for the highway cmssing shall be at a minimum dcrth of forty~cig,ht inches be.O\\' ditch surface. Encasc1ncnt may be required to go ti·om right-ol'· way (ROW) line to right-of~way line. 32. No bore pits allowed within .!£_of the roadway pavement or curb line. 33. Boring shall not exceed 5% oversize. Resultant voids shall be grouted or othen•ise back-filled, subject to COOT approval. Ends of bored sections shall not be covered before being inspected. 34. All County roads, asphalt driveways, bike path crossings COOT Utility Specs-Revised t/04 Page2 required because of this construction shall be bored. Graveled driveway crossings may be bored rather than cut. Immediate access shall be provided in the event of an emergency on all open cut road/driveway crossings. No open cut allowed inside the toe of fill slopes or barrow ditch line or within !5 feet of the paved shoulder or curb line, whichever is further from the centerline. 36. Material removed from any portion of the roadway must be replaced in like ~ind with equal or better compaction. No segregation of materials will be permitted. 37. All pavement markings removed or damaged during the utility installation will be replaced. 38. No open pits or trenches are allowed within thirty (30) feet of any traveled lane at night, weekends or holidays, unless protected by type seven (7) barriers, as required by M.U.T.C.D. and Colorado Supplements. 39. Safety devices as per the AASHTO and tho Colorado M & S Standards must protect all construction equipment that cannot be trunsr.m1cd from the work area, and is within the "Clear Zone". Protective guardrail/barrier devices shall meet the requirements of the State of Colorado M Standards, section 606·12. Clear Zone requirements are tound in AASHTO Road Side Design Guide, Section 3. Equipment that can be transported to a location that is not within the Clear Zone or otherwise protected by existing guardrail, shall be clearly delineated as pe' the MUTCD nwnunl. 40. Areas of roadway and right-of-way disturbed during this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed sholl be "certified weed free". Refer to Section212 & 213 of the "Colora,[o Departme111 ojTnmsportatlo11 Stamfanf Spec!flmtiolls for Road ({lUI Briflge Collstmct/on". Copies of weed free certification may be required by CDOT Region 3 permit section. 41. Permittee shall develop and implement a two-year noxious weed control plan for areas within the Highway right-of- way disturbed by this installation/construction. 42. No equipment cr materials will be allowed on the main lanes or the roadway during construction. 43. No cleated, tracked or equipment with outriggers may work or move over paved surfaces without nads. 44. The utility shall be marked a: the right-of-way line on both sides ofthe highway. 45. Highway right of way fences shall not be cut. 46. All work and materials to meet or exceed the most current issue of the "Colorado Department of1'r<msportatioll Slam/a"/ Spec!flca/iOIIS for Rom/ mul Bridge Constmct/oa" & "Colonulo Departme111 of Traasportatio11 Stmu/uf(/ Plmrs-M & S Stmulunls". 47. Permittee shall not spray, cut, or trim trees or other landscaping elements within the highway right·of-way unless such work is specified in this permit. 48. All woody material less than three inches in diameter shall be put trough a chipper or other means to reduce the material to chips and blown back along the area it came from. Stumps shall be cut as dose to ground level as is safe to do so. Material that cannot be chipped shall be removed from the site and shall be transported to a landfill or made available to the general public. 49. Structure attachments are subject to the approval of the CDOT Staff Bridge Design Engineer. Permittee is responsible for desigrting structnre attachments. 50. No utilities shall be attached to roadway structures. 51. Unacceptable work shall be promptly removed and replaced in an acceptable matmer. Final acceptance does not relieve permittee of maintenance obligations toward those clements of the highway facility constructed under this permit. 52. If proposed utility is not placed in area applied tor, the utility petmit is void, and the utility is deemed illegal. 53. All procedures and work arc subject to COOT approval. 54. All work to be as per penni! and submitted plans. MISCELLANEOUS 55. The pennittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado hannless from and against any loss of and/or damage to the propet1y of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the pennittee's facilities or any pat1thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 56. Permittee is prohibited from any illicit or non-stonnwater discharges that are prohibited by State Water Quality laws. If further infotmation is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Pennittee agrees tltat it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Army Corps ofEngineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land COOT Utility Specs-Revised t/04 Page3 Management, Colorado Department of Health & Environment, county health department, etc.) before commencing any work under this penn it. Without these clearances & permits. this permit shall be not in effect. Pennittee also agrees to assume all responsibility and liability in connection with potential env'ronmental hazards encountered in connection with its work under this permit. The permittee must show all environmental penn its and clearances to COOT (Utility Inspector or Environmental Officer) on request and prior to construction. 57. If any element of the highway facility, constructed or replaced as a condition of this penni! fails within two years due to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 58. In the event of extreme fire danger and/or fire bans in Colorado Cotmties, permittee shall develop a fire plan. Plan shall include fire protection/prevention equipment at the work site & the accountability of personnel. 59. The expiration date of this pcnnit is noted on the permit. Any request to extend the time frame of :his permit shall be 111ade in writing. Submittal of an additional permit application may be required. 60. No access to the work area will be pcnnitted from the main lanes or ramps of the Interstate Highway. No new access to or from the State Highway ROW will be allowed. You are required to obtain permission to usc any existing State Highway access. Access to the State Highway system requires a separate permit. (Contact Actess Coordinator at (970) 248-7230 for access applications) CDOT Utility Specs-Revised liM Page4 FINAL UTILITY PERMIT INSPECTION INSPECTION AND ACCEPTANCE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION REGION 3 TRAFFIC AND SAFETY 222 SOUTH 6TH STREET, ROOM 100 GRAND JUNCTION, COLORADO 81501 COOT will determine the extent of inspection services necessary for a given work on a Special Use Permit. Permittee shall attend final inspection as may be required. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year warranty period (see requirement under••operation and Maintenance" below). OPERATION AND MAINTENANCE Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operation and maintenance of the highway. If any element of the transportation facility, constructed or replaced as a condition of this permit, fails within 2 years due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by COOT. Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of this permit. COOT shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic. ln an emergency, the COOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, where possible. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate pennit. Where highway construction or maintenance operations so require, Permittee will shut off lines. remove all combustible materials fTom the highway right of way, or provide other temporary safeguards. Should any permitted facilities be abandoned, Permittee agrees to promptly notify the COOT region office and to remove any or all portions of such facilities, as may be directed by COOT. I, Rodnev Graham, have inspected the area regarding Utility Permit# 14.078 for the Colorado Department of Transportation. I find the area to be in satisfactory condition. CDOT INSPECTOR---------------DATE ______ __, PHONE (970)683-6318 PERM/TrEE-ENCANA OIL ANO GAS (USA) INC. PERMITTEE REPRESENTATIVE _____ MIKE MOHROR _________ _ fax (970)683-6340 RETURN THIS "FINAL SPECIAL USE PERMIT FlNAL lNSPECTION" TO THE ADDRESS LISTED ABOVE LETIER OF AUTHORIZATION We , Specialty Restaurants Corporation and Stockton Re staurant Corporation, whose addresses are 8191 E. Kaiser Blvd ., Anaheim , CA 92808, as surface owners of the lands described below, in accordance with a Property Lea se Agreement from Special ty Restaurants Corporation and Stockton Restaurant Corporation to EnCana Oi l & Gas (USA) Inc ., hereby authori ze EnCana Oi l & Gas (USA) In c. 370 I 7 Street, Suite 1700 Denver, Colorado 80202 to s ubmit an Application for Special Use Pe rmit to in sta ll , operate and maintain a Temporary Construction Staging Ar ea, Pipe Off-Loading Site and Pipeline and Equ ipm ent Storage Yard and related facilities on the following described land in Garfield County, Colorado: TOWNSHIP 7 South, Range 96 We s t, 61h P .M. Section 33: NE14NE/4 DATED: CJ5#'"# I ~aRi Spe cialty Restaurants Corporation 11153 No. -----------------------;;/ J-As~ssor'JJParcel No. 2409-324-00-138 ~ ~ Date ___ 1_0_12_3_12_0_0_8 ___ BUILDING PERMIT CARD Job Address _____ U_n_a_r_o_a_d.:...., _P_ar_a_c_h_u_te ____________________________________________________ _ Owner __________ S...:.p_e_c_ia_lt...=.y_& __ S_to_c_k_t_o_n_R_e_s_t. ____ Address 8191 E. Kaiser blvd, CA Phone# 714-279-6100 Contractor ModSpace Address 18151 E. 6th Ave, Aurora Phone #285-2757-Chris Setbacks: Front ______ Rear _________ RH _________ LH ______ Zoning _____ _ Collbran yard office trailer Soi Is Test ------------------------- Footing -------------------------- Foundation ______________________ _ Grout __________________________ __ Underground Plumbing ____________ _ Rough Plumbing ________ _ Framing ________________________ __ Insulation ------------------------- Roofing-------------------------- Drywall ------------------------- Gas Piping ______________________ __ INSPECTIONS Weatherproofing------------------------- Mechanical ___________________________ _ Electrical Rough (State) ......,,...--=-==--""::-r--=----- Eiectrical Final (~tate) 10--:28'-Df<i {!&.,_____ Final lo-"7-ff-fJFS /Checklist Completed?~ Certificate Occupancy # __________________ _ Date Septic System #~~~~~~~~~~~~~ Date~ Final ________________________ __ Other _______________________________ _ (continue on back) BUILDING PERMIT GARFIELD COUNTY, COLORADO INSPECTION WILL NOT BE MADE UNLESS TI-llS CARD IS POSTi:D ON IHE JOB Datelssued_-'--"'\~~~-0-~--PermitNo.____._l\~\50 ____ _ AGREEMENT In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structured for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building department and IMMEDIATELY BECOME NULL AND VOID. use CDII btztn___¥_ard efff CL 1lz:ti fe( Address or Legal Description una r'OO.d I t:iJ"vacb"--"'""'"--"""lk'-"':ft""""J'---------- O~n~~-4~1~ Contractor..L_"M,....,etfLJ,l,;~~O-."--- Bulldmg Perm•tType .e::b~--"1~,..._,..-~_..."-'aJ"_~------------------------ This Card Must Be Posted So It Is Plainly Visible From The Street Until Final Inspection INSPECTION RECORD Footing Driveway Foundation I Grouting Insulation Underground Plumbing Drywall Rough Plumbing Electric Final (by State Inspector) (Prior to Final) /O·Jff/05 Crt- Rough Mechanical Septic Final Gas Piping FINAL ; 0 -:lff-oc;s ihz,L Electric Rough (by State Inspector) (You i\'lust Call For Final Inspection) {Prior to Framing) N~~ Framing ~ (to include Roof in place &Windows & Doors installed & Firestopping In place) THIS PERMIT IS NOTTRANSFERABLE For Inspection Call970-384·5003 Office 970-945-8212 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 ~::.ROVED \~-~~08' DO:~iST~; j{a\Jllf___ -----------P-RO_T_E_C_T_PERMIT hletWEATHER DA,AGE (DO NOT LAMINATE) PROPERTY LEASE AGREEMENT This Property Lease Agreement ("Lease") is made a nd entered into thi s __ day of Apri l, 2008 (the "Executio n Date"), but effective as of May I , 2008 (the "Effective Date") by and be tween Specialty Restaurants Corpora tio n a nd Stockton Restaurant Corporation, whose addresses arc 8 19 1 E. Kaiser Blvd., Anaheim, CA 92808 he reinafter referred to as ("Lessor") and li:nCana Oil & Gas (USA) Inc., whose address is 370 17'h Street, S u ite 1700, Denver, Colorado 80202, it s successors and assigns hereinaner referred to as ("Lessee"). Whereas, EnCana Oi l & Gas (USA) Inc. d es ires to lease property in Garfield County , Colorado, for the purpose of maintaining a temporary construction trailer office and yard s ite . Lessee shall , under the terms of thi s Lease, have the exclu s ive rig ht of ingre ss and egress. a nd the ri ght to enjoy the exclu sive use and occupancy of the property described be low. Lessee ha s the ri ght to assign this Lease or the r ight to s ublease the above described property with Lessor 's approval, such approva l not to be unreasonab ly withheld, conditioned, or delayed , at a ny time for th e purpose stated here in. In accordance with the provisions set fort h below, this Lease is cnlllingent upon approval of a Special Ure Permit from Garfield County Building and Planning Department, wh ich the Lesso r cannot te rmin ate pri or to the termination of the Lease. Lessee wi ll apply for a Specia l Use Pe nni! w ith in45 days of the Execution Da te. If the Lessee does not app ly within 45 days of the Execution Date, this Lease s ha ll term inate upon expiration of th e 45-day period . Proof of appli cation s hall be forwarded t o Lessor before the expirati on of th e 45 day- period. Whereas, Lessor warrants that they ore the owner of certain real property loc ated in Ga rfield County ; and Whereas, Les sor desires to leas e property to EnCana O il & Gas (USA) In c . for the purpose described above; Therefore, in consideration of the pro mi ses and mutual covenants and condi tions set forth below, the pmties agree as follows: I. Purp ose. Lessor agrees to lease to Lessee a parcel o f land located in Townsh ip 7 South, Range 96 West, Section 33: NEI4NEJ4 as described on the attached Exhibit A, in Garfie ld County, Co lorado (the "Leased Property"), as a temporary cons truction trailer office a nd yard site, however there wi ll b\: no lmza rd o us materi a l storage . 2. Term. The term of this Lease s hall be for a 12 month pe riod, beginn ing May I, 2008 continuing through Apri l JO. 2 009 . 3. Cons ideration . The considemtion for the 12 month lease is $35,000 .00, paid at t he time of ap prova l of the S pecial Use Permit and w ith the Lessor to receive a copy of the Special Us c Permit. No work s hall be pe rformed such a s fencing, gravel, or insta ll ation o f roadways, and no occupancy of the yMd shall occur, until the Special Usc Permit is approved. The Lessee w ill provide the Lessor a copy of a Liability Policy (Binder) for th e yard and be named as addit iona l in sured. 4. Fence. Lessee is granted the option to construct a four wire barbed fence amund the perimeter of the Leased Property at or before such time as the activity at such property requires that gates be left open. Upon completion of the term of the Lease, Lessee shall have the option to leave the fence in place and said fence shall become the property of Lessor. Lessee is granted the option to add or widen approaches or gates as lessee deems necessary. 5. Restoration of Pro~. Lessee agrees that upon completion of its construction activities, the portion of the property disturbed from Lessee's activities and covered with gravel, will not be reclaimed and reseeded with native gra sses in accordance with Federal Energy Regulatory Commission regulations and local Soil Conservation Service recommendations, per Lessor's request. Lessee may have the option to gravel all or part of the property. Upon completion and termination of the Lease, gravel will not be removed, per Lessor 's request, and that portion of the property, then will not be reclaimed. 6. Indemnification . Lessee agrees to indemnify and hold Lessor harmless against any and all claims, damages, and costs, including any Hazardous spills or claims against Lessor for hazardous or containment spills incurred as a result of Lessee's use, of the property for the purposes described herein except in so far as the claims, damages and costs are caused or contributed to by Lessor's negligence or wrongful conduct or omissions. 7. Termination. Lessee may terminate this Lease at its option by the removal of said structures, equipment, appliances, and appurtenances . Lessor will be notified in writing of termination, and Lessee will vacate the property by April 30,2009. 8. This Lease shall be governed by the laws of the State of Colorado. Lessor and Lessee hereby agree that the terms of this Lease shall be kept confidential; provided, however, Lessor and Lessee agree that a Memorandum of this Lease shall be executed contemporaneously with the execution and delivery hereof, which Memorandum shall be recorded in the Public Records of Garfield County, Colorado to evidence this Lease. 9. Notice. Any notice or written demand to be given to Lessor or Lessee may be delivered in person, by fax or certified or registered mail, postage prepaid , addressed to the party for whom intended as follows: EnCana Oil & Gas (USA) Inc. Attn: S. Piceance Land Negotiator 370 17'11 Street, Suite 1700 Denver, CO 80202 (303) 623-2300 (303) 623-2400 (fax) 2 Specialty Restaurants Corporation and Stockton Restaurant Corporation Attn: Mr. Toby Guccini 820 Castle Valley Boulevard New Castle, CO 8164 7 (970) 984-3720 (970) 984-3721 (fax) IN In\ C.llf'IJ :::Jb : -st'u•A'--1!1 ~S'Olll.cAIIfi'J CoAPtt~Ano--J 819 I t: · kAi\'€~ iJL\11) • A.t.1At4.E""" I c 1 'f'l-806 At"rllol •. C .... A.~MA,) Nl~) <;'18~'f~I(FA~ ln Witness Whereof, the parties have executed this Lease on the day and year first written and effective as of the Effective Date. LESSOR Title: CITY AND COUNTY OF DENVER) LESSEE EnCana Oil & Gas (USA) Inc. By~--~~~~--------­Ricardo D.Gallegos Title: Attorney in Fact This instrument was acknowledged before me on this ___ day of __ _ __ , 2008, by Ricardo D. Gall egos as Attorney in Fact of EnCana Oil & Gas (USA) Inc ., on b ehalf of said corporation. Notary Public in and for said State and County Residing at: ----------- MY COMMISSION EXPIRES: 3 STATEOF cJf~ ) )ss: COUNTYOF ~~ ) This instrument was acknowledged before me on this L~ day of Wlt.U.v __ 2008, by 'U!?Ffi{) G . G-lf u. -;..~r ~ MY COMMISSION EXPIRES : J 'd-1-t O 4 lYNEffi M . KElLUM comm~lon #1653359 Nolal)l 1'\JbUC • California ~ orange county MyComm. Exp~esMor21. 2010 EXHIBIT"A" This Exhibit "A" is attached to and made a pa rt of th at certain Property Lea se Agreement by and between Specialty Re s taurant s Co rpora tion and Stockton Restaurant Corporation, as Lessor and EnCana Oil & Gas (USA) Inc., as Lessee. Township 7 South. Range 96 West of the 61h P.M. Section 33 : NE/4NE/4 EnCana OIL & GAS (USA) INC . LOCATI ON LAYOUT FOR 7 ACRE OFFICE & YARD SI TE SE CTION 33, T7S, R96W, 6th P:M. NE 1/4 NE 1/4 Existing Fenceline 265' F-0..3' £1. 5o0a8'~ NOTES: /FIGURE #tj EIBv. Ungraded Ground At Southeast Corner .. 5000. 3 ' FINISH EO GRAO£ CL£V. AT SauthtJa$/ Cornt!r -5000. 5 ' .sJL 1 t:.12fL £xistinq Access Rood (Go/e) ,/,/ !":/ F:xisli'ng 2-frock·--/// / / /,/ Parcel Detail Garfield County Assessor IT reasurer Parcel Detail Information Page I of 4 Asse_S~IlrLTJ'easuS_eiPLogertySel!reh I AsSBSsor Subset Uuer~ I Assessor Sales Search Gl~rk ~Recocder_R§cegtiQILS!larch B_asic auilding Chanu::te['i~ttc~ I Taxlnf_qrm_atio_n Parcel Detail I Value Detail I Sales Detail I Residentiai/Commerciallmgrovement Detail land Detail I Photognmhs I Mill levy Rmnues Detail IT ax Area II Account Number II Parcel Number 112007 Mill levy I I 046 II R460075 II 240832400138 II 37.836 I Dwner Name and Mailing Address !SPECIALTY RESTAURANTS CORP 80 PCT !STOCKTON RESTAURANT CORP 20 PCT 18181 EAST KAISER Vl VD !ANAHEIM. CA 82808-2214 Assessor's Parcel Description (Not to be used as a legal description) ISECT.TWN.RNG:32-7-86 DESC: A TR IN ITHE El/2 SEC 32 H THE Wl/2 H NWNE ISEC 33. PRE:R260384 BK:0852 PG:0221 IBK:0836 PG:0727 BK:0602 PG:0864 IBK:0580 PG:0857 BK:0580 PG:0643 IBK:0487 PG:0558 BK:0487 PG:0528 IRECPT:753583 RECPT:727025 BK:I226 http:! I www.garcoact.coml assessor I parcel.asp? Parcel Number= 2 4093 2 400138 I I I I \ 913012008 Parcel Detail Page 2 of 4 IPG:687 RECPT:S74814 BK:I226 PG:677 IRECPT:S74813 BK:I226 PG:676 IRECPT:S74812 BK:II34 PG:688-701 IRECPT:S47162 BK:088S PG:OOSI location I Physical Address: jjPARACHUTE I I Subdivision: I Land Acres: jj378.14 I Land Sq Ft: I 0 Section II Town ship II Range I 32 II 7 II 86 I 2DDB Property Tax Valuation Information II Actual Value II Assessed Value I I Land: 13.s3oll 4.0401 I Improvements: ojj ol I Total: 13.s3oll 4,0401 Additional Value Detail Most Recent Sale Sale Date: jjl/1012001 Sale Price: 112.232.000 Additional Sales Detail Basic Building Characteristics II Number of Residential! II http:/ I www.garcoact.com/ assessor I parce I. asp? P a reel Number= 2 40 S 32 400 I 38 S/30/2008 Parcel Detail Buildings: liD Number of Comm/lnd ID Buildings: Tax Year 2D07 2D07 2D06 2D06 II 2D05 I 2D05 2D04 2D04 2D03 2D03 2D02 I 2D02 20DI 2DDI 2DDD 2DDD 1988 1989 No Building Records Found Tax Information Transaction Type Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount Tax Payment: Whole Tax Amount MH11e.vvHevenues Detail Amount I ($153.28)1 $153.281 ($152.68)1 $152.681 ($152.88)1 $152.881 ($161.10)1 $161.101 ($172.20)1 $172.2DI ($164.08)1 $164.D8I II ($174.40)1 II $174.4DI II ($188.68)1 II $198.681 II ($155.6Dll II $155.601 --------------------------------- http:! I www.garcoaci.GOml assessor I parcel.asp?Parcel Number= 2 40932 40013 8 Page 3 of 4 9130/2008 Mod Space ~ee- APPROVED UAit !o6itZZi Sl SlJB.JECT TON HITCH END EXCEPTIONS & JNSP GARFIELD CO OPEN OFFICE HVAC BUILDING DEP ~w~ By \ FIELD COP NO iNSPECTION WITBOUT ~ THESE PUNS ON .SITE ,age of (Floor plans may vary) Unit #677769 shown with two 12' walls added to make offices Mo aSpacs Uni l : 7224461 10' ~J I I 1-bL ~- --f-- \ ~~ ,.J .J --~ 1 Ox44 w/Ciose1 44' ~~ (Floor pla ns may vary) M-odS13aGe- lftlit~'*-t'4 10' 1-- I,IJ I--- ~--~ w'\ /-- ~t :J JL ~ ~~. 44' ~ (Floor plans may vary) Washington Group Page 2 of 8 6/4/08 Initial ·-- ) ----------------PROPOSED ACCESS ROAD -------EXlSTING ROAD mg 8!'> South 200 Ensl ''ea'll n l . U t n h 840 78 (4.,!'>) 789 -1017 "'FAX (43!'>) 789 -181 3 N j· T7S, R96W _. ca : · / ,. ... :.~ Vicinity Map Scale: 1" = 2000' 906"Ms111Streo/ EVIII\SOO, Wyoming 82930 Ph""" No. (307) 789-4545 \ "'" -· CFRDf!CATf Of SJIR\,!fYOR I. TF;D fAGGM?T OF fRUITA. COlORADO ~fRfSY CfRnf"Y !HAT THIS MAP WAS J.IAO~ fROM NOf£5 TAJ<!';N DURING AI< ACTUAL Sl.IRV<Y ~ADE BY Mf OR ~~~Of~~\S~Rti:Jr'R[f~lfr~~%~ ~R~AS (USA) CORRfCllY SHOI\N HfR~ON Map Showing EnCana Oil & Gas (USA) Inc. Seven Acre Yard Site Plan located In lhe NE114 NE114 of Seclion 33 T7S, R96W, 61h P.M. GARFIELD COUNTY, COLORADO Site Plan 0741-24 9129/08 scare: 1" =50' 9126108 SHEET 1 OF1 W-9010£'6 £'661 '.A.HVONvr , -,I = .B/ I '.3J.VO !;Ol[R OliVO! "3$108 • 009 31111$ 'OI:IVfOIIO 'S II II UIR"C-~r{got) <@llii> 'ONI 'ONUUBNlONi 8001UB " . J)l .t ,t/1 6-.1 l/1 (-.9 :~~: ~::: .1/l hi .l/1 ~-.~ ~---5i ~Oc M !"-r-- I 'i I ~ . < . 1--' ~-f ~ ! ~ ti ~ ~~-L~ ~ i ~ ' g ~ ~ I' + ' • ~ -~ ' ' r--!jl $ ~[ ' ' ~~ ~ ~ --_, ·-~--.. I I =nvos NOID3~ NH31.S3M 30V'dS ~VInao~ IV'.lld'VO 3D S.L!NO ,QJ '( ,g SNOJJ.VaNOOI! DNIG1!08 1f1i'IOaOI'! •• ¥:&"' l ~ .... p- ~ ~ ..