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HomeMy WebLinkAboutApplication• West Pumba Ph 2 AUG 2 4 2016 I., TYPE OF GRADING YoN UNII r 0 MAJOR Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com • • 0 MINOR INVOLVED PARTIES Property Owner: SEE ATTACHED Phone: ( ) Mailing Address: Contractor: TBD Phone: ( ) Mailing Address: Architect: N/'4 Phone: ( ) N/A Mailing Address: N/A Engineer: Olsson & Associates Phone: ( 970 ) 263-7800 Mailing Address: 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 PROJECT NAME AND LOCATION Project Name: West Pumba Phase II Describe Work: Grading of ROW for installation & burial of 12" natural gas pipeline. Proposed pipeline across fee is approximately 5256' in length and 75' in width; permanent easement will be 40', temp easement 35', which will be reclaimed to as near as pre -construction contours as possible. Job Address: Section 8, T7S, R93W Assessor's Parcel Number: See Attached Sub. N/A Lot N/A Block N/A Earthwork (square feet): 394,200 Earthwork (Cubic Yards): N/A ALL UTILITIES MUST BE LOCATED PRIOR TO ANY GRADING • • • );_NOTICE Authority. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Division. Other Permits. Multiple separate permits may be required: (1) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discharge Permit. Void Permit. A Building Permit becomes null and void if the work authorized is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. ERTIFIIATION I hereby certify that I have read this Application and that the information contained above is true and correct. I understand that the Building Division accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Division. In consideration of the issuance of the Building Permit, I agree that I and my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Code, ISDS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. I hereby grant permission to the Building Division to enter the property, described above, to inspect the work. I further acknowledge that the issuance of the Building Permit does not prevent the Building Official from: (1) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Division do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limitation my architect designer, engineer and/ or builder. I hereby acknowledge that I have read and understand the Notice and Certification above as well as have provid • d the required information which is correct and accurate to the best of my knowledge. Property Ow edPrint and Sign 08/18/2016 Date OFFICIAL USE ONLY Special Conditions: Permit‘?'/60(05 Balance due: -yy(( Do BUILDING / PLANNING DIVISION : Misc Fees: Q0 GradinglPermit: Fees Paid: 4yM ©o Zoning: `IK 8.2-14e J alto L/. Project general location: Project acreage: Project length and pipe size: it-t4p- 43 Skiic SIAJ q- (e• - Pipeline Grading Permit Checklist C 0,"7- 9t- /L) Project name/operator:01_414 RAJ T /1 7.4 4c..k 0(....7)f- 04- R 41571- I / 5sZ' 1)' Q it' Bond Amount (must equal acreage x $2500) 2. 27 .ZS— Weed management plan approved by Veg. Management: (4;4 Property owners including federal lands with easements: 2uoLeri 4158 . S fT %q V-0-4, // 2'S- S FT Engineered sealed plans: Plan set to county engineer consultant for review: State storm water permit: Any county road cut permits needed: li ` k Any land use permits needed based on size or flood plain:fi Any Corp of Eng. wetland issues: Original Bond and map to Treasurer's office: Copy of bond in file: o' Map to GIS: Other: Pending items/date: Liberty Mutual,. LICENSE & PERMIT BOND Bond Number: 022054065 KNOW ALL MEN BY THESE PRESENTS, that we Red Rock Gathering Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Ph. (610) 832-8240 , as principal (the "Principal"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto Garfield County/Board of County Commissioners , as obligee (the "Obligee"), in the penal sum of Twenty Two Thousand, Six Hundred Twenty Five & 00/100 Dollars ($ 22,625.00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a license or permit for Grading Permit West Pumba Phase 2 AFE #2015-RRG-POR-WPUMB/BON1 for the term beginning the 17111 day of August ,2016 , and ending the 17th day of August 20 17 and this Bond is intended to cover the term of said License or Permit. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the license or permit is issued to the Principal, and if Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force. 2. This bond shall continue in force until (surety shall elect either option a or b) ❑ a. the day of , 20 , or until the expiration date of any Continuation Certificate executed by the Surety. ✓❑ b. the Surety notifies the Obligee in writing of its cancellation of the bond. The Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 3. Any claim under this bond must be presented in writing to the Surety to the attention of The Surety Law Department at the following address: Interchange Corporate Center, 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462-1644. Should the address of the Surety change, then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety. DATED as of this 17th day of August 2016 WITNESS / ATTEST Red Rock Gathe (Principal) (4:44 By: (Seal) Title:>✓VP, Uni of Racv41 at 0 -$item LIBER/IUTUAL INSURANCE PANY (Suret / By: l/ it' --de, — (Seal) Cara D. Hancock A orney-in-F ct LMIC-6500 Rev. 03/04 r! ! d 7 R 3 d 5 u> 12 3 2 uo 212 D D C 5i v 5 � L ' L THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company 7218909 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cara D. Hancock; Harold D. Binqqeli; Jennifer Winters; Ron W. Stroman all of the city of Lubbock state of TX each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December 2015 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 31st day of December2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestP,merican Insurance Company By: David M. Care , Assistant Secretary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries Lt& By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to anby authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the Secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. • Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17 th day of Augus t , 2016 PNC) Cgs,. �jY IN.SUo 1NSUg �N tNSU4 ay' ow'owuF 9! 1906 0 LMS_12873_122013 By: Gregory W. Davenport, Assistant Secretary 115 of 150 September 12, 2016 Garfield County Andy Schwaller Garfield County Community Development Department RE: GRAD -4379 West Pumba Phase II Dear Andy, Vegetation Mana;iement The Noxious Weed Inventory and Management plan and proposed seed mixes in the Revegetation Plan for this project are acceptable. Staff recommends a revegetation security of $22,625 ($2500 per acre x 9.05 acres of disturbance). The security, if in the form of a bond, shall remain current until released by the Board of County Commissioners. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. The Reclamation Standards at the date of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #16-12). Please let me know if you have any questions. Sincerely, Sreue "beam,/ Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 (West Pumba Phase 11) INVOLVED PARTIES Red Rock Gathering Company, LLC 2128 Railroad Avenue, Suite 106 Rifle. CO 81650 Phone: 970.440.1000 Fax: 970.440.1019 www.summitmidstream.com PROPERTY OWNER/ MAILING ADDRESS/PHONE NUMBERS/PARCEL NUMBERS 1. Rudolph Associates, LLC 3169 8th St. Boulder, CO 80304 2. Youberg Beaver Creek Ranch 215 South 10th Street Sac City, IA 50583 (712) 662-3285 3. BLM CRV Field Office 2300 River Frontage Road Silt, CO 81652 (970)876-9000 2403-082-00-030 2403-073-00-001 2403-171-00-952 • • • Garfield County STATEMENT OF AUTHORITY Pursuant to C,R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Red Rock Gathering Company, LLC , a Limited Liability Company (corporation, limited liability company, general partnership, registered Ilmited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an Individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity Is Red Rock Gathering Company, LLC and Is formed under the laws of the slate et Delaware The mailing address for the Entity Is 2128 Railroad Ave., sta tog The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity Is Michael W. Rose and Tracey Jensen The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (lino limitations, insert "None"): Sign writ epplattcns dnd permlte lured byOrrRald County. Other matters concerning the manner In which the Entity deals with any Interest In real property are (if no other matter, leave this section blank): EXECUTED this '' ' day of Signature: Name (print Title (if any): h` 11,04- ,2O 1 STATE OF e-xtx- ) )SS, COUNTY OF17'(iS ) The foregoing Instrument was acknowledged before me this day of IAA .it- , 20 t by 0166. 0n1F , on behalf of rde, ._0 ie Mita & ./ 1. '1:r Witness my hand and official .e My commission expires: JESSICA LYMIAt WtN (re Notary Public, Stb f T®xeA My Commission Expires may ol, sola (Date) • • • August 18, 2016 Attention: Andy Schwaller Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Grading Permit West Pumba Phase 2 Dear Mr. Schwaller: Red Rock Gathering Company, LLC 707 Wapiti Avenue, Suite 202 Rifle, CO 81650 Phone: 970.440.1000 Fax: 970.440.1312 In association with Red Rock Gathering Company's Grading Permit Application submission, this letter shall serve as notice that Red Rock Gathering Company, LLC will comply with all of the terms and conditions associated with rights to lay one or more pipelines as set forth in the below listed documents. Document Type Date Grantor Recording Data Right -of -Way Easement 08/12/2010 Rudolph Associates, LLC 789919 Right -of -Way Easement 07/20/2010 Youberg Beaver Creek Ranch 788807 BLM ROW Grant 03/10/2010 BLM COC -73824 Copies of the foregoing documents have been provided to Garfield County with the submittal of the Grading Permit Application. Sincerely, Red Rock Gathering Company, LLC By: Tracy Jensen Permit Manager LEVERI(,H 2: iiNE— m-6 6S; R93W'" �y eP 3 217S, R937.„..----10";"' DAVIDSON j �,-'7 r� Er1cn�`[A' CARLSON JJ soon / I� Fla 'ron ,iJ9es4 , FOB ` �'\--.,. 2" pELINg�/ x .t' PROPOSED WEST PUMBA `~~ ` f PHASE 2 PIPELINE (12,664.75' +/-) ---,".. j! 4j `_ RUDOLPH' ,\: S �. �� r {� / .a; 'WILSON'�C,� I %/ i -(tiNErfieE t ,.._1(f HUBA, BEI L ' YOUR RG BEAVER, �..,......J fir' R E✓"r". U 447 W YOUc3e.R BCR h.. ti -' i a 1 '` I10 618W Legend • Summit Midstream ■ mo WEST PUMBA PHASE 2 PIPELINE- NEW RIGHT OF WAY (4,288.90' BLM) moo WEST PUMBA PHASE 2 PIPELINE- EXISTING RIGHT OF WAY (3,091,92' BLM) TOTAL BLM- 7,380.82' son WEST PUMBA PHASE 2 PIPELINE (4,158.49' RUDOLPH) ■ iei WEST PUMBA PHASE 2 PIPELINE (1,125.44' YOUBERG) Wasatch Surveying Associates 906 Main Street Evanston, Wyoming 82930 Phone No. (307) 789-4545 Fax (307) 789-5722 PROPOSED WEST PUMBA PIPELINE PHASE 2 SECTIONS 7, 8 & 9, T7S, R93W, 6th, P.M. GARFIELD COUNTY, COLORADO VICINITY MAP PROJECT No. 16-12-04 DATE: 8/23/2016 SCALE: 1 inch = 2,000 feet REV 2 • DWG: F:\2016\2001-2500\016-2445\40-Design\AutoCAD\Final Plans \Sheets\LDW\C_PROF_62445.dwg USER: olheritier DATE: Aug 17, 2016 8:51am XREFS: West Pumba Phase 2 to Olsson • • 1 0 N D m N O O L7840 2 7860.0 Water!:Se %'rassiry 7805 5 7811.5 7.562.8 7882.6 7861.4 7846.3 7767.7 + + A m VOi Ox + 10 ISA N 49+30.32 50+03.43 0+00.00 13+22.32 0 3 t o L m 50+03.43 54+53.22 13+22.32 49+30.32 TO Q O 0 yam, O d O In EXTRA WORK SPACE LEFT .2 O N 0 0 0 PERMANENT ROW LEFT "' o 20' 20' 15' 20' PERMANENT ROW RIGHT eo 35' 25' Varies 35' EXTRA WORK SPACE RIGHT J J J J TOTAL 319V_L S11WI1 AVM -20-1.1-0E1 �o:trt.5 Z 1331-6 33S O m YOUBERG BEAVER CREEK RANCH RUDOLPH ASSOCIATES, LLC BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY LENGTHS PROPERTY OWNER SECTION I FEET I TOTAL Sec. 8, T7S R93W Sec. 8, T7S R93W Sec. 9, T7S R93W Sec. 8, T7S R93W Sec. 7, T7S R93W N cn -p.p G, o N tO O N O 0) co N O O 84 OW N C5 N O Co N cn A -n.O A O v W co 61 • • • • • • • • • v. • 6 tl n 3�9b1 QN9 3dld 4E m-wu.,G.v, om'7;aa.EZVEio a�i-o00.,.60 LINE TABLES 8'a' MM�IMMMMM " :ril aN888'^"-t. 8t88 kad8:4' MM�iMM RZ5s1 CS Mr4 U 5',"'2S m' 12Tr -:,_'it • m'n',.cm NSLLS 4.Nw 8:'"mi`'. M r. -'MM MM ,vg 8806080885088088008$58 k oLLtoo•oN.`-'8' eo 6"?m0,71E0eS x468688680 itia� v Sm'�1M w ,tM�• om'lgt: MNnm n N. n R5NN n'MM r., 668vv tL,'uu.,,1t MMg R58ttP 55'7.555 _N6:1-7-Nt-5t25ttt- 200' 0' SCALE: 1" = 200' 0 m —m GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 EROSION CONTROL AND RECLAMATION PLANS PIPELINE PLAN AND PROFILE REV. DATE NO. A A REVISIONS DESCRIPTION GARFIELD COUNTY, CO 2016 A REVISIONS O4\LOLSSON .: ASSOCIATES 760 Horizon Drive, Suite 102 Grana Junction, C081566 TEL 970.263.7800 www.oWunasaociates.com • DWG: F:\2016\2001-2500\016-2445\40—Design\AutoCAD\Finol Plons\Sheets\LDVP\C_PROF_62445.dwg USER: olheritier DATE: Aug 17, 2016 8:51am XREFS: West Pumba Phase 2 to Olsson • • .7.25.3 769,5. 7630,0 7673.2 760 78 7593. 7577.6 7558.3 ,521.3 7502.9 7400.1 6i Oj 7509,7 128.5 7e().2_8.......... 7374.8 7316 4 -. 7308 N 293.5 72764 _ 7767,4 748.6 7236 4 7220.5 7207.8 ----. 7185.47 i.. .. 7771.;2 7271 83+86 (72o1,ince (17.7712)5) .1». 371457 (6' F571702 i.r05$i»ul 3N.17 1l d; v),4 — 6 R€ G3 r m I» s I 74 75+ l)' ,,,4574775.7,67777 -1= ;j _ qi Ci -;t. 7-6 ,72773(2/6(77 60800 200' 0' 200' SCALE: 7" = 200' J to N m k 5124 Say 201 e$o F GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 EROSION CONTROL AND RECLAMATION PLNAS PIPELINE PLAN AND PROFILE DATE REVISIONS DESCRIPTION A GARFIELD COUNTY, CO 2016 REVISIONS O‘OLSSON 100 Horizon Drive, Guile 102 Grand June'on, CO 81506 ASSOCIATES TEL 970.263.7800 www.oksonassociates.cem DWG: F \2016\2001-2500\016-2445\40-Design\AutoCAD\Finol Plons\Sheets\LDVP\C_PRECON_62445.dwg USER, olheritier DATE: Aug 17 2016 B: 51am XREFS: West Pumba Phase 2 to Olsson • • • I I6 H w "0 r 0 M r6=1/_ -i 1---- M 7628 27640 2 _ . D Z m\ -0 }CG 7649 9 'moi ,/ rri O 7bb) O . ti ^w y r c. N (A 0 7834.6 ! , ^e . e o ,V _•w Quo o'�� "3oa,2e g-.1 E ° Ea 3 p z-2 + .__76957 8 II [ •? 3 i ° J f, a�os° 05.9 ?"n uo '� °__ ° e =40 t ?. C v °s°" 7717.6 ', --_- �TI Dc r Ill \ 88 ''! \ N 0 '-->7734.9 1 1 c III ZI• h CO O 0 D r 774T 3 7750n \ "767 6 P , ''' 0, WJRI,PACEj (TYPCa AL), SURVEY CENTERLINE, tc' LG/RSD o� I SEE SH m �° of 4 9793.7 O 765, 54+53.22 65+13.25 NO P N FROM RIGHT-OF-WAY LIMITS TABLE I I 7811.: 'ell Ot S + O W W N o O N " Q ' 78414 p0 D A N N W W m illN A O el S NW laD r O N W N N O 7831.3 7644,9 O N N O dg. 0 U, EXTRA WORK SPACE PERMANENT ROW LEFT LEFT 7854.1 '' U! O O Ln O _ . O RUDOLPH ASSOCIATES, LLC Sec. 8, T7S R9: YOUBERG BEAVER CREEK RANCH Sec. 8, T7S R9: RIGHT-OF-WAY LENG1 OWNER SECTION NOTTS: 1. PIPELINE INFORMATION AND SURVEY SURVEYING. BACKGROUND INFORMAT PREPARATION OF THIS PLAN WAS P SURVEYING. DRAINAGE CROSSINGS, DESIGN /BUILD NOTES: INSTALL COFFER DAM UPSTREAM OF CROSSING. DIVERSION METHOD SHALL BE SIZED APPROPRIATELY TO CONVEY THE FLOW OF THE DITCH. LEGEND/BMP'S - LG - LAND GRADING - RSD - ROADSIDE DITCHES & TURNOUTS - CIP - CULVERT INLET PROTECTION - COP - CULVERT OUTLET PROTECTION Y/. - WATTLE - DIRECTION OF FLOW 736'2.3 7BEFi.6 7862.8 N N N N 13' PERMANENT ROW RIGHT 7861.4 7846..9 UNi tll N u 40' 35' EXTRA WORK SPACE RIGHT 78/4.,5 '''. 55' 55' V J J TOTAL Total I'I THS FEET TOTAL N N ? -,N O 0O LD N O (NO (sNOWIN N 0 0 m 200' 0' 200' O ', 7759. .9 ''. '.NJ o N l a 4, .. t0 O W rn CP CO m ma m SCALE: 1" = 200' '',i' L '1.: o..' 7.J `l: i, 'wr^7i .r1 SHEET 3 -A f 2 E$ t ' ° s € e s 1 9 GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 REV. DATE REVISIONS DESCRIPTION 1 Know what's below. Call beton you dig. CALL 1111 SEVENTY-TWO HOURS PRIOR TO DIGGING. GRADING OR EXCAVATING FOR THE MARKING OF UNDERGROUND MEMBER UP L PEs OLSSON ASSOCIATES ASSUAffS NO RESPONSIBIL RV FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE AMENCEMENT OF ANY CONSTRUCTION ACTIVITIES ,• ...� 15-3-`,� 1s : `�= .;.r' ' ria .- """' O'\IOLSSON 6 ASSOCIATES 760 Horizon Drive. Suite 102 Grand Junction, CO 81506 TEL 970.263.7800 wvw.olesoneuociateccom n EROSION CONTROL AND RECLAMATION PLANS PRECONSTRUCTION STORMWATER SITE PLAN nit.....*,"� n7+, GARFIELD COUNTY, CO 2016 A REVISIONS • • • • DWG: F: \2016 \2001 -2500\016 -2445\40 -Design \AutoCADVinat Plans \Sheets VDVP \C_PRECON_62445.dwg USER, alheritier DATE: Aug 17, 2016 8:51am XREFS: West Pumba Phase 2 to Olsson • • __59,',__7 7±.944 76'65.5 7630. 9 761.3.2 7602.8 !„ 2598.8 .3) L i 7558..3 STA: 834-86 T'/, /556 (6' PJpeline Cros/569,1 7534.6 '7? 7521.3 3502 9 I ; 7499.1 • 7399 7467,9 7429 5 1.r. /'4028 7374.8 7,599 2 7316.4 7398.9 7293.5 • 4 75461 4 7248.6 7236 4 720? 8 7/94.9 1 4.1 • 7185.9 1 1 1 1 / { 7121 2 0) m //id, 1,/ - 41, GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 EROSION CONTROL AND RECLAMATION PLANS PRECONSTRUCTION STORMWATER SITE PLAN REV. No. A A /5. 333' 13, 1!",! / m - -o "1; 03 CI ! 55) 0) 8 5/ "t2 '2 1‘767-"7":3, !!,4555588 ,X\'545, 8. 5/55 5555 0 ▪ :,.. T , i 6 '1 i I/ 1.',1',..,,,,,-., orO 77100 Z 5)77 ,./T', /1.")„ 6 -' \ 1 1 '.i :1-2 ,i' F: a 4 ›K 1 !'! .4 c,.. ' l ! L„ / / DATE REVISIONS DESCRIPTION A A GARFIELD COUNTY, CO 2016 REVISIONS ,5'(/ 8/5557/ • P. A 6 0 o 557 2-'"g51 2 2.2g o 11. M 8 2 2 9 2 a S•dV19/0N3091 NORM G.,4141. 200' 0' 200' IT6T SCALE.. 1" = 200' -55 55'2 0 O‘OLSSON ASSOCIATES 760 Horizon Drive, SLOW 102 Grand Junctlon, 0067506 TEL 970263.7800 www.oissonassodateccom • DWG) F:\2016\2001-2500\016-2445\40-Design\AutoCAD\Final Plans\Sheets\LDVP\C_CON_62445.dwg USER: olheritier DATE: Aug 17 2016 8: 51am XREFS: West Pumba Phase 2 to Olsson • • e, T614.2 y fi (R „ \ n 'r'' 1a,e,;,., ,;77' 33 11 M <_4 m _ l6 62 7640.0 r 2 m \ iim} ` y / T y ,,,:, rril T \ _7649 9 7660 0 I y {may I `v .f : . \ 6289 ^,-e "6846 . _°��F.aaa§ 3n r �/ y - � 1 ' 7 h al �:➢J X 43� YZS sc pp n - El g?.. �1R I i ' g :' , n° a 0 705 ° ZI . A N ,v r° A e1"" 0 c 77/76 w� 9 4#_ y° e/a43577 ', • -1 , ell 6 1 ( ,J � � ', I r M '728 N -'TT 44 9 t o rn 1 CP603'' CO 0 \ 0 767 5 I� r,_- -- ._.. _.._. _._ _ _._._.._._ _ M a lw F 7789.8 (71 o 799 7 M• O ;., a -.1 V) V) xl /51 -4 N � , '. 9 -) C A rn , jn $, MIO Ir j"" -1 I `n,_ 1 ` > � Amp 7 `n` .44 .'v o ___181.1.f.5__..... __. 7611 )e 65+78.66 85+34.95 m Vw ti IL' u 1 49+30.32 50+03.43 N8 ' , FROM I I RIGHT-OF-WAY LIMITS TABLE i 76214 85+34.95 126+20.92 90 w millN w w w 13+22.32 49+30.32 TO CO ..7_881..7 70.14 9 5 ,OT IZ .0 EXTRA WORK SPACE PERMANENT ROW LEFT LEFT 7824.1 I _ - - 1 YOUBERG BEAVER CREEK RANCH RUDOLPH ASSOCIATES, LLC BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY LENGTH PROPERTY OWNER SECTION MOTS. 1. PIPELINE INFORMATION AND SURVE SURVEYING. BACKGROUND INFORM/ PREPARATION OF THIS PLAN WAS SURVEYING. DRAINAGE CROSSINGS DESIGN/BUII D NOTES: INSTALL COFFER DAM UPSTREA OF CROSSING, DIVERSION METH SHALL BE SIZED APPROPRIATEI TO CONVEY THE FLOW OF THE DITCH. LEGEND/BMP'S - LG - LAND GRADING - RSD - ROADSIDE DITCHES & TURNOUTS - CIP - CULVERT INLET PROTECTION - COP - CULVERT OUTLET PROTECTION 41(^41.- - WATTLE - DIRECTION OF FLOW NNNNMN+ - TYPICAL PLACEMENT. SEE DETAIL THIS SHEET SLASH TOPSOIL 01SUBSOIL , . V TRENCH TYPICAL PLACEMENT 7862.N 7866.6 . ul 0 0 0 o in PERMANENT ROW RIGHT o 7862.6 f 7861.4 C^ F+ n+ nr tl. o+ 40' 35' EXTRA WORK SPACE RIGHT 1 Sec. 8, T7S R93\ Sec. 8, T7S R93\ Sec. 9, T7S R93\ Sec. 8, T7S R93\ V) m 0 v V) 70 (0 (,.l 761 < _ 75' 75' J V TOTAL 2 2 2 2 IS FEET TOTAL 2 y d I, Y! A O 0 N lD O Ta Ta W N O • O >1NOF (d,' /N 100 0' 200' 7759 y I N nalm 2O '. 0,rn N O N (s ? A 0 tD O co SCALE' 1" = 200' W 0 77271 SHEET 5 drew„b+ABL checked by: WEP eperovedby WEP CAIOL by: WEP Prelecl ne.: 016-2MS drewkg,8.: C CON 02MS.dwg deb: 8117110 GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 REVNO. DATE REVISIONS DESCRIPTION noF OLSSON ASSOCIATES ASSUMES NO RESPONSIBILITY FOR EXISTING UTILITY LOCATIONS (HORIZONTAL OR VERTICAL)- THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS HOWEVER THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVRIES. �. _ 1 �g L 1- • 3: �.�; �.A a O+\LOLSSON ASSOCIATES 760 Norton Ddve, Suite 102 Grand Junclion, CO1506 TEL 970.263.7BW www °k°°^as°°"°'°s °°m EROSION CONTROL AND RECLAMATION PLANS CONSTRUCTION STORMWATER SITE PLAN n7 r m r �A4 1 • a cg „�a'1 GARFIELD COUNTY, CO 2016 A REVISIONS 7293.5 • DWG: F: \2016 \2001-2500\016-2445\40—Design\AutoCAD\Finol Plons\Sheets\LDVP\C_CON_62445.dwg USER: olheritier DATE: Aug 17. 2016 8.51om XREFS: West Pumbo Phase 2 to Olsson • 7727.1 8 7720.3 7695 7 76;3.2 7602.8 ; 7593 6 4,12 6 7.558.3 STA: 1/3/ 8,5 (Prr,Thor/e, Cr/45,,/,;) Crorrrrrinrg) 7534 6 k11.3 7502.9 7499,, 7/99 / 7467.8 7428.5 737463 7328.7 7316.4 h0,111. 0 72604 7230.4 cn m Tr;),,i, O'r iNIUM E,11--01 3i 1 2-° 14;WU GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 0 EROSION CONTROL AND RECLAMATION PLANS CONSTRUCTION STORMWATER SITE PLAN GARFIELD COUNTY, CO 2016 REV. NO. A A DATE REVISIONS DESCRIPTION REVISIONS OkoLSSON ASSOCIATES 760 Horizon Drive. Suite 102 Grand Jumbo, CO 61506 TEL 970.263.7800 www.oIssonassocuteccorn • DWG: F:\2016\2001-2500\016-2445\40—Design\AutoCAD\final Plons\Sheets\LDVP\C_RECL_62445.dwg USER: alheritier DATE: Aug 17, 2016 8:51am %REFS: West Pumba Phase 2 to Olsson • • _._7628.7 ci 7640. 2 mI 76490 cl it 7660.0 2.J 76'04.8 `h1_7695.7 1 0 com N OCI 00.4 77(76 7728.9 77340_ 77423 7750 3 7767.5 77804_ 0784.9 65+78.66 85+34.95 + + w w Vt N 49+30.32 50+03.43 N O O N Q O r✓ in A O t Sec. 7, T7S R93W A OVO ..1, W O N O N T to ni W N hWi G EXTRA WORK SPACE LEFT O e O to O 1 O U' U= 0 . o Uri PERMANENT ROW LEFT to `n-'^ o 20' 20' o ui PERMANENT ROW RIGHT G EXTRA WORK SPACE RIGHT u� Vt vi tu'n vi �. ur 8 N N 75' 75' TOTAL to V m DJ r 0 Z ,1, . m < _3 Cm 6 1,2 G !r 05 as C% GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 EROSION CONTROL AND RECLAMATION PLANS FINAL RECLAMATION STORMWATER SITE PLAN GARFIELD COUNTY, CO 2016 REV. NO.A A DATE O 0^t YOUBERG BEAVER CREEK RANCH RUDOLPH ASSOCIATES, LLC BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY LENGTHS PROPERTY OWNER SECTION I FEET I TOTAL Sec. 8, T7S R93W Sec. 8, T7S R93W EA n 10 v VI 70 LO09 Sec. 8, T7S R93W Sec. 7, T7S R93W N 21 A W O O N .c1 LO O N UD 03 CO IV O O LO crt 1V NW O O N U A + -I, O c0 O C,4 W O7 A CO REVISIONS DESCRIPTION S,dV99/ON3031 A A REVISIONS 0:1 V V 0 2104. l9 . 200' 0' 200' all SCALE: 1" = 200' O\OLSSON ASSOCIATES 760 Horizon Drive, Suite 102 Grand Junction, C081506 TEL 970.263.7800 ,nn.. oksonassocates cans • DWG: F: \2016\2001-2500\016-2445\40—Design \AutoCADVinal Plans\Sheets\LDVP\C_RECL_62445.dwg USER: alheritier DATE: Aug 17, 2016 8:51om XREFS: West Pumba Phase 2 to Olsson • • 7727.1 az: igk 77209 76957 767474 7665.2 7030.9 76092 7602.6 '5 7093.6 01726 7558 3 7334,6 7.621.3 2502.9 7499.1 7/ 7499.1 7467.9 7429 0 7,1009 7374.8 7829.7 7316 4 7808.9 72085 7261.4 72486 7236. 4 72265 720,-9 _ 7185 9 ; S(... 83+86 (0.r.inact. 1 .(616-68, '6 666.6656 ('0 "9.. z r z rn 01 4/44 9 '17 t. 6707/2 01':"///77 9 —4 0. S.dNIEI/ON3031 NO,P7 200' 0' 200' SCALE.- 1" = 200' 79 '..- K--/: -i-F' '/. ! .6.4,4•417/..gfalr.t.401_49:411/7.4011.40.114794941:24.44:tibr.t.7.4°.AZZa...71241,4t4le..44•:"..11:::40.."..z44.;,*,,,-,,,,,y47;t:yore_v,e4..A:c.9.9,414:476...-. L *9:7,,„ ' \ , :'1' : . T\ !- , 1 < '-' ,•,,, 1 'm .', :77-s,," , a, 8 , ,,„-> ,. I ,,c,.1 Q 1lq ...7 , 7 , ,2 2, 4 -,•'.' 7:, ' a ft i L ____ .1 1g 56. 70 GRAND RIVER GATHERING, LLC WEST PUMBA PHASE 2 REV. NO. DATE REVISIONS DESCRIPTION EROSION CONTROL AND RECLAMATION PLANS FINAL RECLAMATION STORMWATER SITE PLAN GARFIELD COUNTY, CO 2016 REVISIONS ONDLSSON 760 Horizon Drive. Suite 102 Grand Junction, 0081506 ASSOCIATES TEL 970.263.7800 www,olsconassociateccom • • • RN An ELION1NVII41,1 9.111,4 11111 Receptiontt: 789919 1 08/12/2010 2CC Pac Fe. 331 0 08 35 0nDoc'Fee 0b G0 GAPr1ELD COUNTY CO PROJECT: Spruce Creek to Mamm Creek Pipeline TRACT NUMBER: 2403 082 00 030 COUNTY: Garfield, CO PERMANENT EASEMENT AGREEMENT This Agreement, dated July .,)i ', 2010, is between Rudolph Associates, LLC, (hereinafter referred to as "Grantor", whether one or more), and ETC Canyon Pipeline, LLC, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND Notl00 Dollars ($10.00) and outer good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants. sells and conveys unto Grantee a nonexclusive forty foot (40') wide free and unobstructed 4,216.4 foot permanent easement in order to construct. operate and maintain a pipeline of any diameter and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor described in the attached Exhibit A ("the Permanent Easement Property"). No compressors will be allowed. Grantor hereby grants. sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit A in order to construct a pipeline of any diameter and any appurtenant facilities in, over, through, across, under, and along land that is also described in the attached Exhibit A owned by the Grantor. Grantee agrees to adhere to all stipulations on Exhibit B. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving. adding. altering, substituting, operating, maintaining, accessing. inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part. a pipeline, for the transportation of oil, gas and other fluids or substances, or any of them, and the products thereof, together with above and below -ground appurtenances as may be necessary or desirable for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Grantee shall have the right of ingress and egress over and across the Temporary Construction Easement Property to survey, conduct reasonable and necessary construction activities, to remove structures and objects located within the Temporary Construction Easement Property.. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing. then the Temporary Construction Easement shall immediately terminate. 2. Grantee shall have the right to select the exact location of the pipeline within the Permanent Easement Property. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to have a right of entry and access in. to, through, on, over, under, and across the Permanent Easement Property for all purposes necessary and at all limes convenient and necessary to exercise the rights granted to it by this Easement 3. The consideration paid by Grantee in this agreement includes the market value of the easements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. However, Grantee will pay Grantor (or if leased to Grantor's tenant) for any damages caused to livestock and growing crops during the periods of the original construction oldie pipeline. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the surface as nearly as reasonably possible as it was prior to the construction of the pipeline and will restore all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement or which provide access to Grantor's property. Grantee shall allow Grantor to install its own lock if Grantor so chooses, or Grantee may provide Grantor with a separate lock for any interior gate where Grantee has installed any locks. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty five (45) degrees to Grantee's pipelines, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not Tess than forty live (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. • • • 111 ni ffaVAI'I Bk, rs.,wil•melim{ 3i(1 i III Receptiontt: 789919 08r12l2C1C 09 08 '0 0r'. Jaen Rtberice 2 of 3 Roc Fee 636 00 0o: Fee 0 00 GP7FIEl=- COU CO 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written pennission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. In the event the terms of this paragraph are violated, such violation shall immediately be eliminated upon receipt of written notice from Grantee or Grantee shall have the immediate right to correct or eliminate such violation at the sole expense of Grantor. Grantor shall promptly reimburse Grantee for any expense related thereto. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. Any improvements, whether above or below ground, installed by Grantor subsequent to the date that Grantee acquires possession of the Permanent Easement Property, may be removed by Grantee without liability to Grantor for damages. After construction, Grantee shall provide Grantor not Tess than 3 days notice prior to Grantee removing any obstructions on this right-of-way. 7. Grantee has the right to trim or cut down or eliminate trees or shrubbery to the extent, in the sole judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipelines and to remove possible hazard thereto, and the right to remove or prevent the construction of, any and all buildings, structures, reservoirs or other obstructions on the Permanent Easement Property which, in the sole judgment of the Grantee, may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. After construction, Grantee shall provide Grantor not Tess than 3 days notice in writing with right to cure prior to Grantee removing any obstructions on this right-of-way. 8. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent casement is being sought by Grantee. 9. Upon completion of the project construction, permanent fencing destroyed or disturbed by project construction activities shall be installed by Grantee, at its sole expense, along the sante alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees agree to keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced pastures. 10. Grantee will maintain the pipeline, facilities or structures that it installs on the Permanent Easement Property. Grantor shall maintain the surface of the Permanent Easement Property only so that its condition does not interfere in any manner with the purposes for which the Easement is conveyed. I I. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property, it will restore the surface to the condition in which it was in prior to the use of this Easement except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by the Grantee in a reasonably similar manner to its condition immediately preceding Grantee's use of this Temporary Construction Easement to the extent that the surface is not permanently modified by the use of this easement. 12. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, agents or invitees, and the installation, use, maintenance, repair or removal of the pipelines by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are authorized to execute this agreement on behalf of the parties to this agreement. Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and forever defend all and singular the above described easements and rights, unto the said Grantee, and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. 111111A#lMPOI I�i�t I#h�4 a��rFSr'I��f4 it i��l Er," Reception:i: 7e9919 OCl2i20a0 09 ?s '" :=r 1ez.4 01t;eri li 6 Sac F. 53. OG Doc FeO- 0 0_000P`'IELO f:01_41:,1 70 • EXECUTED this day of J , 2010. GRANTOR: Rudolph Associates, LLC By: Z�-- Erik Rudolph, Manager STATE OF COLORADO ) 't ) ss. �3 COUNTY OF 00 I �� 44— The foregoing instrument was acknowledged before me this 8 day of July 2010, by Erik Rudolph, as Manager of Rudolph Associates, LLC. My Commission expires: • 0/(77-012 N Lisa B. Forseen NOTARY PUBLIC STATE OF COLORADO My Commission Expires October 19, 2213 • TARY PUBLIC • • • Poeeptionq 783919 cet 2CV.7 CS CS A aE o ,>� rig aaE ry ENERGY TRANSFER TOPOGRAPHIC LAND SURVEYORS Receptlong. 789$13 08!1:2,20+S 06 'S .A" JCS, Ataer, Sof 6RIM Fe?. S15 '::0 .,r re, 0 r.: • PROPOSED PIPELINE ON RUDOLPH ASSOCIATES,LLC, PROPERTY: SECTION 8, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO • • • • • ®Illpi��P°��+ter'�,',ISI+�Itd�M1�t'►'�r��M+ll�'�,IN El ;I! Reception. 783913 Ce�7. '2.'4 L '7,9 35 ",1 P e E c $37 ` ,.l :,.?ca.? EXHIBIT "B" — LANDOWNER SPECIFIC STIPULATIONS GRANTEE agrees to the following stipulations: 1. Bury all pipe to a minimum of 36 -inches of cover, so as not to interfere with cultivation of soil. 2. Repair all fence crossings to as good or better than previous condition. 3. Cease construction operations in excessively muddy conditions. 4. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or placed in the ROW. 5. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of litter and debris caused as a direct result of GRANTEE'S activities. 6. Except for normal and routine maintenance and repair during constniction activities, no construction equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on the subject lands. 7. All gates shall be left as they are found. Construction operation access must be coordinated with tenants, if any. To this extent, GRANTOR shall notify any tenants having a written recorded lease of this ROW and shall provide GRANTEE with the contact information of such tenants so that GRANTEE can notify such tenants of GRANTEE's construction schedule. 8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time. 9. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by GRANTOR. 10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the term of this ROW. 11. Any large rocks (greater than 6" in diameter) excavated by GRANTEE, or Encana, shall be disposed of by GRANTEE as directed by GRANTOR. 12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no permanent mounds, ridges, sinks or trenches. 13. Fence construction shall be a wooden post every 30', 3 steel post spaced equally between the wooden posts and stays with a four strand barbed wire fence. 14. AH operations should be coordinated with tenants, if any, on a daily basis, or as near as possible. 15. Notice by either party hereto shall be promptly given orally, and if necessary or possible. confirmed in writing and mailed to: GRANTOR: Rudolph Associates, LLC. 3169 8'h Street Boulder. CO 80304 GRANTEE: ETC Canyon Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 (720) 225-4000 • • 1111FXIClfkM/NCIONNtCAtilfi4Mlti I HI Reception#: 788807 07/20/2010 12 15 01 P11 Joan Alberlco 1 or 9 Rec Fee S51 00 Doc Fee 0 00 GARFIELD COUNTY CO PROJECT: Spruce Creek to Mamm Creek rlpcu,1e TRACT NUMBER: 240307300001 COUNTY: Garfield PERMANENT EASEMENT AGREEMENT This Agreement, dated S /t� 2009, is between David R Youberg as General Partner for Beaver Creek Ranch, L.P., dba Youberg Beaver Creek Ranch, L.P., (hereinafter referred to as "Grantor", whether one or more), and ETC Canyon Pipeline, LLC, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For the consideration of TEN AND No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells and conveys unto Grantee a nonexclusive 4,662.8foot (25') wide free and unobstructed permanent easement in order to construct, operate and maintain a pipeline of any diameter and any appurtenant facilities in, over, through, across, under, and along land owned by the Grantor described in the attached Exhibit A ("the Permanent Easement Property"), Grantor hereby grants, sells and conveys unto Grantee a Temporary Construction Easement described in the attached Exhibit A in order to construct a pipeline of any diameter and any appurtenant facilities in, over, through, across, under, and along land that is also described in the attached Exhibit A owned by the Grantor. It is further agreed as follows: 1. The right to use this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, adding, altering, substituting, operating, maintaining, accessing, inspecting, patrolling, protecting, repairing, changing the size of, relocating and changing the route or routes of, abandoning in place and removing at will, in whole or in part, a pipeline, for the transportation of oil, gas and other fluids or substances, or any of them, and the products thereof, together with above and below -ground appurtenances as may be necessary or desirable for the operation of the pipeline, over, across, under and upon the Permanent Easement Property. Grantee shall have the right of ingress and egress over and across the Temporary Construction Easement Property to survey, conduct reasonable and necessary construction activities, to remove structures and objects located within the Temporary Construction Easement Property.. The term of this Temporary Construction Easement shall be for a period to extend eighteen (18) months from the date of construction commencement. However, if Grantee has completed its use of this Temporary Construction Easement prior to the eighteen (18) month period and so states in writing, then the Temporary Construction Easement shall immediately terminate. 2. Grantee shall have the right to select the exact location of the pipeline within the Permanent Easement Property. Further, Grantee shall have the right to construct, maintain and change slopes of cuts and fills to ensure proper lateral and subjacent support for and drainage for the pipeline and appurtenant facilities related to this pipeline project. Grantee shall also have the right to have a right of entry and access in, to, through, on, over, under, and across the Permanent Easement Property for all purposes necessary and at all times convenient and necessary to exercise the rights granted to it by this Easement 3. The consideration paid by Grantee in this agreement includes the market value of the casements, both permanent and temporary, conveyed by Grantor and any and all damages to the Grantor's remaining property. However, Grantee will pay Grantor (or if teased to Grantor's tenant) for any damages caused to livestock and growing crops during the periods of the original construction of the pipeline. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Permanent Easement Property and will construct and maintain soil conservation devices on the Permanent Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Grantee shall leave the surface as nearly as reasonably possible as it was prior to the construction of the pipeline and will restore all fences as nearly as possible to as good, or better, condition as they were prior to the construction of the pipeline. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall cross the easement or which provide access to Grantor's property. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 5. Grantor may use the Permanent Easement Property for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Permanent Easement Property for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty five (45) degrees to Grantee's pipelines, across the Permanent Easement Property which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Permanent Easement Property at any angle of not less than forty five (45) degrees to Grantee's pipeline, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Permanent Easement Property by Grantor shall be regulated by alt appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Permanent Easement Property. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. 111117.617rYANII4 1,F4dlg'fillr A;IMILIO IID Receptienh: 7&8807 0772072010 12 19 C, PM Jem, Rlbertcc, 2 of 9 Rec Fee 351 OG Loc lee a 01 CSRFSEIO :;OJfl 1 CO 6. Grantor may not use any part of the Permanent Easement Property if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Permanent Easement Property without the written permission of Grantee: (I) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope; (4) impound surface water; or (5) plant trees or landscaping. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Permanent Easement Property without the written permission of Grantee. In the event the terms of this paragraph are violated, such violation shall immediately be eliminated upon receipt of written notice from Grantee or Grantee shall hove the immediate right to correct or eliminate such violation at the sole expense of Grantor. Grantor shall promptly reimburse Grantee for any expense related thereto. Grantor further agrees that it will not interfere in any manner with the purposes for which the Easement is conveyed. Any improvements, whether above or below ground, installed by Grantor subsequent to the date that Grantee acquires possession of the Permanent Easement Property, may be removed by Grantee without liability to Grantor for damages. 7. Grantee has the right to trim or cut down or eliminate trees or shrubbery to the extent, in the sok judgment of Grantee, its successors and assigns, as may be necessary to prevent possible interference with the operation of the pipelines and to remove possible hazard thereto, and the right to remove or prevent the construction of, any and all buildings, structures, reservoirs or other obstructions on the Permanent Easement Property which, in the sole judgment of the Grantee, may endanger or interfere with the efficiency, safety, or convenient operation of the pipeline and appurtenant facilities. 8. Grantor shall retain all the oil, gas, and other minerals in, on and under the Permanent Easement Property; provided, however, that Grantor shall not be peumitted to drill or operate equipment for the production or development of minerals on the Permanent Easement Property, but it will be permitted to extract the oil and other minerals from and under the Permanent Easement Property by directional drilling and other means, so long as such activities do not damage, destroy, injure, and/or interfere with the Grantee's use of the Permanent Easement Property for the purposes for which the permanent easement is being sought by Grantee. • • 9. Upon completion of the project construction, permanent fencing destroyed or disturbed by project construction activities shall be installed by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee and its designated contractors, employees and invitees agree to keep all gates in fences closed at all times so that cattle, horses and/or other livestock located on the remainder portion of Grantor's property cannot stray from the fenced pastures. 10. Grantee will maintain the pipeline, facilities or structures that it installs on the Permanent Easement Property. Grantor shall maintain the surface of the Permanent Easement Property only so that its condition docs not interfere in any manner with the purposes for which the Easement is conveyed. 11. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the Permanent Easement Property, it will restore the surface to the condition in which it was in prior to the use of this Easement except as the surface may be permanently modified by the use of this Easement. Any surface area of the Temporary Construction Easement Property that is damaged or disturbed during the construction shall be restored by the Grantee in a reasonably similar manner to its condition immediately preceding Grantee's use of this Temporary Construction Easement to the extent that the surface is not permanently modified by the use of this easement. 12. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury, property damage resulting from or arising out of the use of the easement by Grantee, its servants, agents or invitees, and the installation, use, maintenance, repair or removal of the pipelines by Grantee and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Grantor, or its servants, agents or invitees. 13. Grantee shall have the right to assign this permanent easement, in whole or in part, to one or more assignees. The provisions of this Easement, including all benefits and burdens, shall run with the land. The undersigned warrant that they are authorized to execute this agreement on behalf of the parties to this agreement. Grantor hereby binds himself, his heirs, legal representatives and assigns to warrant and forever defend all and singular the above described easements and rights, unto the said Grantee, and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. EXECUTED this S day of /11 tc. , 2009. GRANTOR 13y: t f!!1i'a1'd1.il4+.P IK1PP5f7#/Via11)11iO4,1..N.Atilr R sept. on * 70007 5 -4 Jahn Nibe^zne Sof 5 Re°'=a S,' OC, Unr. e60 b3 fr;FtU i.71." STATE OF e6O COUNTY OF Q!} C_ ss. s'te't tce foregoing instrument nswas acknowledged before me this)*h day of All- i 2009, by t tJ y nb.1Ingoyj t;,)i—tlerof LIo-t_bic tri VSLciLereve �x ILL t.cII - 11A.L.z r.: Ckt6 NOTARY PUBLIC LAURA J. RM to tNu�merQ P Cantu. Exp• Aug. 20.20 .. • • • • Recaptlor': 7E11807 07 2...0 .0'.111 - -r1 C3 C .. rtr. <e 0 O 0 7; 0-11" C4^ EXHIBIT "A" PROPOSED PIPELINE ON YOUBERG PROPERTY SEC 7, T. 7 S., R. 93 W., 6TH P.M. GARFIELD COUNTY, COLORADO 6 _L_---£ /�E/ ''' I / ,----- / E ""�� ONE S�CZ�ONj� ,N PROP 7 LEGEND TYPICAL DETAIL A NO SCALE v,lll11111 *01160 .rte TOPOGRAPHIC LAND SURVEYORS Bill1s'I' Recept1ora; 'Fra.. C:,ln 1r_' 12 . PROPOSED PIPELINE ON YOUBERG PROPERTY: SECTION 7, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO JEGAL DESCRIPTION• A proposed pipeline located in NW1/4 of Section 7, Township 7 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado, The centerline of sold pipeline being more porticulorfy described os follows. Beginning of a point in the North line of the NW1/4 of Section 7 l ram whence o G.L.D. cap found for the N1/4 corner of the NW1/4 bears N 6723' E. o distance of 987.0 feet; thence N 73'32' E o distance of 181.7 feel, thence N 38'25' E o distance of 40.1 feet to o point on the North line of said NW1/4 and the ENO OF THIS DESCRIPTION, from whence sold G L.O. cop bears N 6723' E, o distonce of 771.3 feet. • • vArr, 1 I*; Rect. t a 'tkt ? .2307 CIO 4ir: • 7 SECTION LINE EXHIBIT "K PROPOSED PIPELINE ON YOUBERG PROPERTY SEC 8, T. 7 S., R. 93 W.. 6TH P.M. GARFIELD COUNTY, COLORADO • • ett, •••• 8 i! Si/2 swi/4 SECTION LINE PROPERTY LINE 18 17 LEGEND TYPICAL DETAIL A NO SCALE -r %MOO *woo - ••,:i j:KL E1,1 TOPOGRAPHIC LAND SURVEYORS • Ree.?p! PROPOSED PIPELINE ON YOUBERG PROPERTY: SECTION 8, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFiELD COUNTY, COLORADO LEGAL DESCR/PT/ON; A proposed pipeline located in the 51/2 SW1/4 of Section 8, Township 7 South, Range 9J West of the Sixth Principal Meridian, Corfield County, Colorado The centerline of scud pipeline being more particularly described as follows Beginning at a point in the North line of the 51/2 SW1/4 of Section 8 from whence o Iran Rod with cop found for the NE corner o/ said S1/2 SWI/4 bears S 8831' E, a distance of 109.9 feet; thence S 0429' W a distance of 127.3 feet; thence 5 1'40' W o distance of 282.2 feet; thence 5 7177' E e distance o/ 340.1 feet, thence 5 0878' £ o distance of 101.0 feel, thence 5 178' E o distance of 440.8 feet, thence S 1826" E o distance of 327 feel to o pont in the South tine of the S1/2 SW1/4 and o/so being the South tine a/ Section 8 and the ENO OF TH/5 DESCRIPTION from whence a GL.O. cap found for the SE corner of said S1/2 SW1/4 the SE corner of the SW1/4 bears o distance of 53.6 feel • • • • • 1111 PI; ilir.IPP,P,Ii1W.Lre Reception: 783807 G712,1/2818 12 C P .1e,rt Ptoer,co of 9 F.c Fee Os: r -e f; 6118,-1EtD -11,'.Tv 88 EXHIBIT PROPOSED PIPELINE ON YOUBERG PROPERTY SEC 12. T. 7 S., R. 94 W.. 67H P.M. GARFIELD COUNTY, COLORADO TION LINE £ 40'' 40 40 40 _ LEGEND 12 TYPICAL DETAIL. A NO SCALE vi cr, z 0 u *woo *impio *1101, TOPOGRAPHIC LAND SURVEYORS ' • • 11l11 art's PJ}lit;,iM kip. i!' Kl+ s"Iktt°r tf! ITN Ind II' Recep t i on>: 7881107 07/20/2010 12 15 Dt of Jean 9 of 9 Rec Fre i`' 0C Drys r:,. _ G��-"c L :: ;.r,rr PROPOSED PIPELINE ON YOUBERG PROPERTY: SECTION 12, TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO LEGAL DESCRIPTION. A proposed pipeline locoled in NE1/4 of Section 12, Township 7 South, Range 94 West of the Sixth Principal Meridian, Garfield County, Colorado. The centerline of soid pipeline being more port cutarly described as follows: Beginning at o point in the North line of NE1/4 of Section 12 from whence the N1/4 corner of the NE1/4 bears N 88'58' W, a distance of 3151 feet, thence S 15'40' E o distance of 605 4 feet, thence S 08'40' E o distonce of 205.4 feet; thence S 15'40' E o distance of 441.8 feet; thence N 74'20' E a distonce of 698 7 feet; thence N 04'14' E o distance of 57,0 feet; thence N 26'50' E o distonce of 77.5 feet; thence N 12'42' E o distance of 322.8 feel; thence N 25'09' E o distance of 354 4 feet, thence N 43'42' E a distance of 60.2 feet; thence N 00'33' E a distance of 132.7 feet, thence N 48'53' E o distance of 87,8 feet to a point on the North tine of said NE1/4 and the END OF THIS DESCRIPTION, from whence the NE corner of said NEt/4 of Section 12 bears S 88'34' E. a distonce of 916.2 feet Form 2800-14 September 1997 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT Colorado River Valley Field Office (CRVFO), Interagency Energy Team Serial Number(s) COC73824 COC73824T 1. Right-of-way for the COC73824 natural gas pipeline and the COC73824T temporary use permit, are hereby granted pursuant to Section 28 of the Mineral Leasing Act (MLA) of 1920, as amended (30 U.S.C. 185). The MLA (Sec. 28 (a)) authorizes Federal agencies to grant rights-of-way for pipeline purposes for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced. The MLA (Sec. 28 (e)) further gives Federal agencies authority to allow temporary uses of Federal lands for construction, operation, and maintenance of pipelines. (Reference: Environmental Assessment #DOI- BLM-CO-N040-2009-0070, November 2009) The Bureau of Land Management (BLM) and USDA Forest Service (FS) implementing regulations for this portion of the MLA are found at 43 CFR 2800, 2880 and 36 CFR 251. 2. Nature of Interest: By this instrument, the holder: ETC Canyon Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 receives a right to construct, operate, maintain, and terminate a 24 -inch and a 12 -inch buried natural gas pipeline located on public land described as follows: SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO Township 7 South, Range 93 West: Bureau of Land Management - Section 6, SW' SW`',, SE'/SW'/, SW'/SE'/; 7, NE'' NE`/, NW'/NE'/; 8, NW'/NW'/, SW'/SE'/, SE'/SE`/; 9, SW'/SW'/; 16, NE'' NW'/, SE'/NW'/, SW'/NP/4, NW'/SE%, SW`/SE'/; 17, NE1/NW1/4, NW1/4NE'/4; White River National Forest - Section 21, NW'/NE'/, SW'/NE'/, NW'/SE'/, SE'/SW1/, SW%SW1/; 28, NW'/NW'/; 29, Lots 1, 5; ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040- 2009-0070 / COC73824, COC73824T / February 2010 1 Township 7 South, Range 94 West: Bureau of Land Management - Section 1, SE'/SW'/, SW'/SP/4; 9, Lot 7, NE'/SW'/, SE'/SW'/, NE'/SE'/, NW'/SE'/; 10, NW'/SE`/, NE'/SP/4, SE'/NP/4; Bureau of Land Management - Township 7 South, Range 94 West: Section 11, SW'/aNW'/a, NW'/4NW'/a, NE''%NW%, SE'/aNW'/a, SW'/NE'/a, SE%NE'/; 12, NW'/NW'/, NE'/NW'/; TOTAL PIPELINE ROW (Garfield County, Colorado) - 11.4 miles long: BLM = approximately 6.6 miles; USFS = approximately 1.9 miles; Acres Disturbance (Permanent ROW, 40 feet wide): BLM = approximately 32.00 acres, USFS = approximately 9.21 acres b. The permanent right-of-way area granted herein for the COC73824 natural gas pipeline is 40 feet wide, 44,880 feet long and contains 41.212 acres, more or less. (BLM = 34,848 feet in length = 32.00 acre, more or less. USFS = 10,032 feet in length = 9.212 acres, more or less.) The Temporary Use Permit granted herein is 35 ft wide and 44,880 ft long and contains 36.10 acres, more or less. (BLM lands = 34,848 ft in length = 28.00 ac., more or less; NFS lands = 10,032 ft in length = 8.1 ac., more of less.) In addition, a staging area to be located on NFS lands within a small parking area will require minor additional surface disturbance of approximately 0.07 acres, more or less for a total of 8.17 acres of disturbance on the NFS lands. The temporary workspace is for use and occupancy only during the construction and restoration of the disturbed lands. The Temporary Use Permit will expire 3 years from the effective date of this grant (March 2013). c. This instrument shall terminate 30 years from the date of the original right-of-wayg_rant (December 31, 2039), unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the BLM deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 2 successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the BLM unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the BLM, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2880. b. Upon grant termination, the holder shall submit to the BLM, a plan of abandonment describing in detail how the improvements shall be abandoned or removed from the Federal lands described in this right-of-way grant. The plan of abandonment shall be approved by the BLM prior to implementation. * Upon grant termination by the BLM, all improvements shall be removed from the public lands within 180 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the BLM. c. Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the BLM at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the BLM. d. The stipulations, plans, maps, or designs set forth in the Attachments A (Maps/Plats) and B (Stipulations) attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f. The holder shall perform all operations in a workmanlike manner so as to ensure protection of the environment and the health and safety of the public. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040- 2009-0070 / COC73824, COC73824T / February 2010 3 IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of- way grant or permit. S re of Holder -<frge'r •11/A&P au, Signature of Authorized Officer Supervisory Natural Resource Specialist Title Title Date ct Effective Date of Grant ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 4 ATTACHMENT A(1) City of Rifle Watershed Boundaries ETC Canyon Pipeline, LLC COC73824 COC73824T February 2010 Ph Irt9er loaf;I:r • •. '1/37er .e 6.:Lni r; r. V 1 1 rnei +,asba :: x we 1.:LUh II 5+44'S`ii: V ::ra Le 11:14 fan as- [hie. Yi4 4,4.1 :t gra, ETC Canyon Pipeline, LLC /DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T /Februauy 2010 5 ATTACHMENT A(2) Spruce Cr to Mamm Cr Pipeline Route 24 -inch Pipeline and 12 -inch Pipeline ETC Canyon Pipeline, LLC COC73824, COC73824T February 2010 ETC Canyon Pipeline, LLC /DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T /February 2010 6 ATTACHMENT A(3) USFS Portion of ETC Pipeline Route ETC Canyon Pipeline, LLC COC73824, COC73824T February. 2010 ETC Pipe{ ne Pr pop I Spruce Creek xi West Ms win Creak T 3 RS.3+.V t�' p`cs:Yw>7 olp!Sinr triamm PeAkiRA ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 7 Appendix B STIPULATIONS ENVIRONMENTAL ASSESSMENT DOI-BLM-CO-N040-2009-0070 ETC Canyon Pipeline, LLC COC73824, COC73824T Natural Gas Pipeline, Temporary Use Permit (Reference: Environmental Assessment #DOI-BLM-CO-N040-2009-0070, "Spruce Creek to Mamm Creek Natural Gas Pipeline Project, November 2009") (h ttp: //www. blm.gov/co/st/en/fo/gsfo/GSFOMasterPlanso fDevelopment. h tml) General Stipulations Applicable to All Activities within the Right -of -Way (ROW): (Refer to EA DOI- BLM-CO-N040-2009-0070 ("EA'), Appendix B, Surface Use Stipulations, pp B-1 through B-16) The following STANDARD STIPULATIONS are applicable to all parts of the ROW, unless otherwise specified. 1. Administrative Notification. The operator shall not initiate any construction or other surface disturbing activities on the ROW without prior written authorization of the BLM. Such authorization shall be a written Notice to Proceed (Form 2800-15). Any Notice to Proceed shall authorize construction or use any as therein expressly stated and only for the particular location or use therein described. 2. ROW Boundary. The operator shall conduct all activities associated with the construction, operation, and termination of the ROW within the authorized limits of the granted ROW. The exterior boundaries of the authorized ROW shall be clearly marked with staking and/or flagging before surface - disturbing activities occur. 3. Saturated Soils Conditions. When saturated soil conditions exist on or along the proposed ROW, construction shall be halted until soil material dries out or is frozen sufficiently for construction to proceed without undue damage and erosion to soils. 4. Dust Abatement. The operator shall implement dust abatement measures as needed or directed by the BLM. The level and type of treatment (watering or application of various dust agents, surfactants, and road surfacing material) may be changed in intensity and shall be approved by the BLM. 5. Stipulations to be Available Onsite. A copy of these stipulations, including exhibits and the Plan(s) of Development, if required, shall be kept on the project area and made available to persons directing equipment operation. 6. Waste Materials. Disposal of all liquid and solid wastes produced during construction or operation of the pipeline shall be in an approved manner so as to not adversely affect the air, soil, water, vegetation, or wildlife. Construction sites shall be maintained in a sanitary condition at all times; waste materials at those sites shall be disposed of promptly at an appropriate waste disposal site. "Waste" means all discarded matter including, but not limited to, human waste, trash, garbage, refuse, oil drums, petroleum products, ashes, and equipment. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 8 7. Pipeline Warning Signs. Warning signs shall be installed within 5 days of completion of construction and prior to use of the pipeline for transportation of product. Pipeline warning shall be installed at all road crossings and shall be visible from sign to sign along the ROW. For safety purposes, each sign shall be permanently marked with the operator's name and shall clearly identify the owner (emergency contact) and purpose (product) of the pipeline. 8. The operator agrees to indemnify the United States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601 et seq. or the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.) on the ROW (unless the release or threatened release is wholly unrelated to the operator's activity in the ROW). This agreement applies without regard to whether a release is caused by the operator, its agent, or unrelated third parties. 9. The operator shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the operator shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generated by, or stored on the ROW or on facilities authorized under this ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release of spill of any toxic substances shall be furnished to the Authorized Officer concurrent with the filing of the reports to the involved Federal agency or State government. 10. The operator shall schedule and conduct a preconstruction meeting with BLM prior to the operator's commencing construction and/or surface disturbing activities on the ROW. The operator, its agent, its contractor(s), and other parties involved with construction and/or any surface -disturbing activities associated with the ROW shall attend this meeting to review the stipulations of the ROW grant, including the POD as applicable. 11. The pipeline shall be buried to a minimum depth of 36 inches from the top of the pipe to the surface. 12. Pipeline Testing. The entire pipeline shall be tested in compliance with DOT regulations (49 CFR Part 192). Incremental segments of the pipeline shall be filled with compressed air to the desired maximum pressure and held for the duration of the test (8 hours minimum). (Ref. 49 CFR 192.503.c) The compressed air shall be discharged into the atmosphere following the completion of the test. Notification to all nearby residents as well as the Garfield County Dispatch Center shall be made no less than 24 hours prior to the pressure test and blow down. All necessary and reasonable precautions shall be taken to ensure the safety of the employees and the general public, the lands, domestic animals and wildlife, etc. This may include, but not be limited to, restriction of access to the pipe being tested, temporary warning signs installed in appropriate locations, effective communication. ETC Canyon Pipeline, LLC (Company) and its contractors (Contractor) shall ensure that pressure - testing operations are carried out in accordance with the following: • United States Department of Transportation Code of Federal Regulations (CFR), Title 49, Part 192, Subpart J, entitled "Test Requirements" ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 9 • Environmental Protection Agency Portable compressors for pressure testing shall not be stationed within 100 feet of any residence. All residents, including the Garfield County Dispatch Center, shall be notified at least 24 hours in advance of beginning the pipeline loading process. 13. Welding of Pipeline. A minimum of 10% of all welds shall be x-rayed. Visual inspections shall be performed on 100% of all pipeline welds. Any pipeline occurring within the Rifle Municipal Watershed Area and/or within 100 feet of any perennial or intermittent stream crossing, shall have all welds X-rayed. All bored areas shall have 100% X-rays of all pipeline welds. All welders shall be appropriately certified. 14. Visual Resources. Above -ground facilities not subject to safety criteria shall be painted a natural color selected to minimize contrast with adjacent vegetation or rock outcrops. The color shall be specified by the BLM Authorized Officer. To the extent practicable, existing vegetation shall be preserved when clearing and grading for the temporary working area and the permanent ROW.. The BLM may direct that cleared trees and rocks be salvaged and redistributed over reshaped cut -and -fill slopes or along linear features. 15. Fire Suppression. Welding or other use of acetylene or other torch with open flame shall be operated in an area barren or cleared of all flammable materials at least 10 feet on all sides of equipment. Internal combustion engines shall be equipped with approved spark arrestors which meet either (a) the USDA Forest Service Standard 5100-1a or (b) Society of Automotive Engineers (SAE) recommended practices J335(b) and J350(a). 16. Private Landowners and Existing Rights -of -Way. The operator shall obtain agreements allowing construction with all existing authorized surface users of Federal pad locations prior to surface disturbance or construction of the location, staging areas, or access across or adjacent to any existing well pad locations. In the case of privately owned surface, the operator shall certify to BLM that a Surface Use Agreement has been reached with the authorized surface user, prior to commencing construction. 17. Drainage Crossings and Culverts. Construction activities at perennial, intermittent, and ephemeral drainage crossings (e.g. burying pipelines, installing culverts) shall be timed to avoid high flow conditions and shall consist of either a piped stream diversion or the use of a coffer dam and pump to divert flow around the disturbed area. Culverts at drainage crossings shall be designed and installed to pass a 25 -year or greater storm event. On perennial and intermittent streams, culverts shall be designed to allow for passage of aquatic biota. The minimum culvert diameter in any installation for a drainage crossing or road drainage shall be 18 inches. Crossings of drainages deemed to be jurisdictional waters of the U.S. pursuant to Section 404 of the Clean Water Act may require additional culvert design capacity. Due to the flashy nature of area drainages and anticipated culvert maintenance, the U.S. Army Corps of Engineers recommends designing drainage crossings for the 100 -year event. Pipelines installed beneath stream crossings shall be buried at a minimum depth of 4 feet below the channel substrate to avoid exposure by channel scour and degradation. Following burial, the channel grade and substrate composition shall be returned to pre -construction conditions. Existing culverts throughout the pipeline corridor shall be replaced if they must be removed for installation of the pipeline. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 10 18. Jurisdictional Waters of the U.S. The operator shall obtain appropriate permits from the U.S. Army Corps of Engineers (USACE) prior to discharging fill material into waters of the U.S. in accordance with Section 404 of the Clean Water Act. Waters of the U.S. are defined in 33 CFR Section 328.3 and may include wetlands as well as perennial, intermittent, and ephemeral streams. Permanent impacts to waters of the U.S. may require mitigation. Contact: Sue Nall, USACE Regulatory Specialist, Colorado/Gunnison Basin Regulatory Office, at 970 243-1199 x16 or susan.nall@usace.army.mil. usace.army.mil. For all crossings of jurisdictional streams, written documentation to the BLM shall be required within 30 days of construction to indicate that the USACE was notified prior to construction and/or that 404 Permits have been obtained if it is determined they are required. Documentation may be a copy of the pre -construction notification form or an official letter from the USACE. 19. Wetlands and Riparian Zones. The operator shall restore temporarily disturbed wetlands or riparian areas. The operator shall consult with the BLM to determine appropriate mitigation, including verification of native plant species to be used in restoration. a. The Operator shall implement a Stormwater Management Plan, as per requirements of Garfield County, the Colorado Department of Public Health and Environment (CDPHE), or the Colorado Oil and Gas Conservation Commission (COGCC). b. Mechanical Integrity Tests (MIT) shall be performed per COGCC and U.S. Environmental Protection Agency (EPA) permitting requirements. c. Pipeline integrity shall be air -tested, as opposed to hydro -tested, to reduce water usage and the need for water discharge. d. To the extent possible, riparian vegetation removed during trenching operations across streams shall be saved and replanted along the stream bank once construction is completed. e. Crossings of all flowing streams and irrigation ditches that are not directionally bored shall be flumed to prevent any disruption in water flow. The trench shall be cut beneath the flume and a dry trench shall be maintained. f. All pipeline welds shall be x-rayed within the Rifle Municipal Watershed and within 100 feet of any perennial or intermittent stream crossing. g. All available topsoil shall be salvaged and respread onsite during ROW reclamation, with a minimum stripping depth of 6 inches. h. Boulders left on the ROW surface during reclamation shall be placed on the landscape in a generally random arrangement, with occasional short alignments of boulders to act as water bars or to block vehicle access. i. All silt fences left onsite during reclamation shall be removed by the end of the first growing season following ROW reclamation. 20. Reclamation. The goals, objectives, timelines, measures, and monitoring methods for final reclamation of oil and gas disturbances are described in Appendix I (Surface Reclamation) of the 1998 Draft Supplemental EIS (DSEIS). Specific measures to follow during interim and temporary (pre - interim) reclamation are described below. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 11 a. Deadline for Reclamation. All temporarily disturbed areas resulting from pipeline construction slopes shall be reseeded within 30 days of completion of the pipeline construction to stabilize the soil and minimize weed infestations. This deadline is subject to being extended upon approval of the BLM based on season, timing limitations, or other constraints on a case-by-case basis. b. Topsoil Stripping, Storage, and Replacement. All topsoil shall be stripped following removal of vegetation during construction of the pipeline, temporary roads, staging areas, or other areas of surface disturbance. This shall include, at a minimum, the upper 6 inches of soil. Any additional topsoil present at a site, such as indicated by color or texture, shall also be stripped. The BLM may specify a stripping depth during the onsite visit. The stripped topsoil shall be stored separately from subsoil or other excavated material and replaced prior to fmal seedbed preparation. c. Seedbed Preparation. For cut -and -fill slopes, initial seedbed preparation shall consist of backfilling and recontouring to achieve the configuration specified in the reclamation plan. For compacted areas, initial seedbed preparation shall include ripping to a minimum depth of 18 inches, with a maximum furrow spacing of 2 feet. Where practicable, ripping shall be conducted in two passes at perpendicular directions. Following final contouring, the backfilled or ripped surfaces shall be covered evenly with topsoil. Final seedbed preparation shall consist of scarifying (raking or harrowing) the spread topsoil prior to seeding. Requests for use of soil amendments, including basic product information, shall be submitted to the BLM/USFS for approval. d. Seed Mixes. A seed mix consistent with BLM standards in terms of species and seeding rate for the specific habitat type shall be used on all BLM lands affected by the project. (See "Site - Specific Stipulations" for the seed mix and seeding rate.) For private surfaces, the BLM menu -based seed mixes are recommended, but the surface landowner has ultimate authority over the seed mix to be used in reclamation. The seed shall contain no noxious, prohibited, or restricted weed seeds and shall contain no more than 0.5% by weight of other weed seeds. Seed may contain up to 2.0% of "other crop" seed by weight, including the seed of other agronomic crops and native plants; however, a lower percentage of other crop seed is recommended. Seed tags or other official documentation shall be supplied to the BLM at least 14 days before the date of proposed seeding for acceptance. Seed that does not meet the above criteria shall not be applied to public lands. e. Seeding Procedures. Seeding shall be conducted no more than 24 hours following completion of fmal seedbed preparation. Where practicable, seed shall be installed by drill -seeding to a depth of 0.25 to 0.5 inch. Where drill -seeding is impracticable, seed may be installed by broadcast -seeding at twice the drill -seeding rate, followed by raking or harrowing to provide 0.25 to 0.5 inch of soil cover. Hydroseeding and hydromulching may be used in temporary seeding or in areas where drill -seeding or broadcast- seeding/raking are impracticable. Hydroseeding and hydromulching shall be conducted in two separate applications to ensure adequate contact of seeds with the soil. If interim revegetation is unsuccessful, the operator shall implement subsequent reseedings until interim reclamation standards are met. Requirements for reseeding of unsuccessful temporary seeding shall be considered on a case-by-case basis. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 12 f. Mulch. Mulch shall be applied within 24 hours following completion of seeding. In areas of interim reclamation that used drill -seeding or broadcast-seeding/raking, mulch shall consist of crimping certified weed -free straw or certified weed -free native grass hay into the soil. Hydromulching shall be used in areas of interim reclamation where crimping is impracticable, in areas of interim reclamation that were hydroseeded, and in areas of temporary seeding regardless of seeding method. NOTE: Mulch is not required in areas where erosion potential mandates use of a biodegradable erosion -control blanket (straw matting). g. Erosion Control. Cut -and -fill slopes shall be protected against erosion with the use of water bars, lateral furrows, or other measures approved by the BLM. Biodegradable straw matting, bales or wattles of weed -free straw or weed -free native grass hay, or well -anchored fabric silt fence shall be used on cut -and -fill slopes and along drainages to protect against soil erosion. Additional BMPs shall be employed as necessary to reduce erosion and offsite transport of sediment. h. Site Protection. The seeded species shall be considered firmly established when at least 50 percent of the new plants are producing seed. If fencing is required, the BLM shall approve the type of fencing to be used. i Monitoring. The operator shall conduct annual monitoring surveys of reclaimed areas and shall submit an annual monitoring report to the BLM by December 31 of each year. The monitoring program shall use the four Reclamation Categories defined in Appendix I of the 1998 DSEIS to assess progress toward reclamation objectives. The annual report shall document whether attainment of reclamation objectives appears likely. If one or more objectives appear unlikely to be achieved, the report shall identify appropriate corrective actions. Upon review and approval of the report by the BLM, the operator shall be responsible for implementing the corrective actions or other measures specified by the BLM. 21. Weed Control. The operator shall regularly monitor and promptly control noxious weeds or other undesirable plant species as set forth in the BLM Glenwood Springs Field Office Noxious and Invasive Weed Management Plan for Oil and Gas Operators, dated March 2007. A Pesticide Use Proposal (PUP) shall be approved by the BLM prior to the use of herbicides. Annual weed monitoring reports shall be submitted by December 31. a. The operator shall disinfect heavy equipment, hand tools, boots, and any other equipment used previously in a river, lake, pond, or wetland by routinely cleaning equipment using 130°F water and high-pressure sprayers to remove dirt, weed seeds, or foreign debris. This shall also be performed by contractors before equipment is brought onsite, regardless of where the equipment was used previously. b. The operator shall clean trucks and equipment at wash stations in Rifle. c. Monitoring and control of noxious weeds or other invasive non-native species attempting to establish within the project boundaries throughout the construction and production phases shall be performed in coordination with routine maintenance activities. 22. Big Game Winter Range. In conformance with the current land use plan that governs ROW actions, all activities related to pipeline construction on the Federal portion of the pipeline route are prohibited from December 1 to April 30. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 13 a. The operator shall report spills that might affect wildlife (especially spills that impact surface waters) to the local CDOW District Wildlife Manager within 24 hours of detection. b. Wildlife crossovers (trench plugs) with ramps shall be installed on each side of trenches at maximum 0.25 -mile intervals and at well-defined game trails to facilitate passage of big game across the open trench and to allow trapped wildlife to escape. 23. Trout. To protect water quality and reduce sedimentation, standard erosion control techniques shall be applied as outlined in POD, located in the Administrative Record at Colorado River Valley Field Office for this project. Implementation of the POD is intended to mitigate potential impacts to stream health by dispersing concentrated flows. Such practices shall include: a. Develop stormwater drainage systems that direct intercepted rainfall or snowmelt away from the stream. b. Collect concentrated flows from any drainage in rock -armored depressions and convey the flows away from the stream channel in a rock -lined ditch. c. Discharge the diverted flows into vegetated areas where sufficient plant material is available to trap sediments and enhance infiltration of the water. 24. Raptor Nesting. Raptor nest surveys in the project vicinity resulted in the location of one or more raptor nest structures within 0.125 mile of the pipeline route. To protect nesting raptors, a 60 -day Timing Limitation (TL) shall be applied to the initiation of construction, drilling, or completion activities within the buffer width specified above. This TL shall apply during the period March 15 to May 15 annually until project completion. An exception to this TL may be granted for any year in which a subsequent survey determines one of the following: (a) the nest is in a severely dilapidated condition or has been destroyed due to natural causes, (b) the nest is not occupied during the normal nesting period, (c) the nest was occupied but subsequently failed due to natural causes, or (d) the nest was occupied but the nestlings have fledged and dispersed from the nest. In the case of a dilapidated nest or one that was destroyed due to natural causes, the TL shall apply to any alternate or replacement nest within the buffer widths specified above, unless an exception is granted for the alternate or replacement nest for one of the reasons listed. 25. Birds of Conservation Concern. Pursuant to BLM Instruction Memorandum 2008-050, all vegetation removal is prohibited from May 15 to July 15 to reduce impacts to Birds of Conservation Concern (BCC). An exception to this COA shall be granted if nesting surveys conducted no more than one week prior to vegetation removal activities indicate that no BCC species are nesting or otherwise present within 10 meters of the area to be disturbed. Nesting surveys shall include an audial survey for diagnostic vocalizations in conjunction with a visual survey for adults and nests. Surveys shall be conducted by a qualified breeding bird surveyor between sunrise and 10:00 AM under favorable conditions for detecting and identifying a BCC species. 26. Range Management. Range improvements (fences, gates, reservoirs, pipelines, etc) shall be avoided during development of natural gas resources to the maximum extent possible. If range improvements are damaged during exploration and development, the operator shall be responsible for repairing or replacing the damaged range improvement at least to its former state. If a new or improved access road or pipeline bisects an existing livestock fence, steel frame gate(s) or a cattleguard with associated bypass gate shall be installed across the roadway to control grazing livestock. The operator shall contact the owner of improvements prior to disturbing them. When necessary to pass through a fence ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 14 line, the fence shall be H -braced on both sides of the passageway prior to cutting the fence. Function use of these improvements shall be maintained at all times. 27. Ips Beetle. To avoid mortality of pinyon pines due to infestations of the Ips beetle, any pinyon trees damaged during road, pad, or pipeline construction shall be chipped after being severed from the stump or grubbed from the ground, buried in the toe of fill slopes (if feasible), or cut and removed from the site within 24 hours to a location approved by the Colorado State Forest Service. 28. Paleontological Resources. All persons associated with operations under this authorization shall be informed that any objects or sites of paleontological or scientific value, such as vertebrate or scientifically important invertebrate fossils, shall not be damaged, destroyed, removed, moved, or disturbed. If in connection with operations under this authorization any of the above resources are encountered the operator shall immediately suspend all activities in the immediate vicinity of the discovery that might further disturb such materials and notify the BLM of the findings. The discovery shall be protected until notified to proceed by the BLM. Where feasible, the operator shall suspend ground -disturbing activities at the discovery site and immediately notify the BLM of any finds. The BLM shall, as soon as feasible, have a BLM-permitted paleontologist check out the find and record and collect it if warranted. If ground -disturbing activities cannot be immediately suspended, the operator shall work around or set the discovery aside in a safe place to be accessed by the BLM-permitted paleontologist. 29. Recreation. Signs shall be posted on public access roads during the fall big game hunting seasons to alert hunters that heavy equipment is using the roads should construction activities overlap into the big game hunting seasons. Once construction is complete, the ROW shall be closed to motorized use. This can be accomplished by placing large boulders across any potential access routes. 30. Cultural Resources. (Disclosure of site location(s) information is prohibited under 43 CFR7.18.) a. Education/Discovery. All persons in the area who are associated with this project shall be informed that if anyone is found disturbing historic, archaeological, or scientific resources, including collecting artifacts, the person or persons shall be subject to prosecution. Pursuant to 43 CFR10.4(g), the BLM shall be notified, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR10.4 (c) and (d), activities shall stop in the vicinity of the discovery and the discovery shall be protected for 30 days or until notified to proceed by the BLM. If in connection with operations under this contract the project proponent, his contractors, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural or paleontological value or scientific interest such as historic or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent shall immediately suspend all operations in the vicinity of the cultural or paleontological resource and shall notify the BLM of the findings (16 U.S.C. 470h-3, 36 CFR800.112). Operations may resume at the discovery site upon receipt of written instructions and authorization by the BLM. Approval to proceed shall be based upon evaluation of the resource. Evaluation shall be by a qualified professional selected by the BLM from a Federal agency insofar as practicable. When not practicable, the operator shall bear the cost of the services of a non -Federal professional. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 15 Within five working days the BLM will inform the operator as to: • whether the materials appear eligible for the National Register of Historic Places • the mitigation measures the operator is likely to have to undertake before the site can be used (assuming in situ preservation is not necessary • a timeframe for the BLM to complete an expedited review under 36 CFR 800.11, or any agreements in lieu thereof, to confirm through the State Historic Preservation Officer that the findings of the BLM are correct and the mitigation is appropriate. The proponent may relocate activities to avoid the expense of mitigation and/or the delays associated with this process, as long as the new area has been appropriately cleared of resources and the exposed materials are recorded and stabilized. Otherwise, the proponent shall be responsible for mitigation costs. The BLM shall provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the BLM that the required mitigation has been completed, the proponent shall be allowed to resume construction. Antiquities, historic, prehistoric ruins, or objects of scientific interest that are outside of the authorization boundaries but directly associated with the impacted resource shall also be included in this evaluation and/or mitigation. Antiquities, historic, prehistoric ruins, or objects of scientific interest, identified or unidentified, that are outside of the authorization and not associated with the resource within the authorization shall also be protected. Impacts that occur to such resources, which are related to the authorizations activities, shall be mitigated at the proponent's cost including Native American consultation cost. Colorado State Statutes CRS 24-80-1301 for Historic, Prehistoric, and Archaeological Resources, and for Unmarked Human Graves. PART 13 -UNMARKED HUMAN GRAVES OFFICE OF ARCHAEOLOGY & HISTORIC PRESERVATION 24-80-1301. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Commission" means the commission of Indian affairs; (2) "Disturb" means to move, open, expose, dig up, disinter, excavate, remove, carry away, damage, injure, deface, desecrate loot, vandalize, mutilate, or destroy; (3) "Human remains" means any part of the body of a deceased human being in any stage of decomposition; (4) "Land" means all lands, including submerged lands, located within the state of Colorado which are owned by the state or its political subdivisions, agencies, or instrumentality's or by any private person. (5) "Person" means an individual, limited liability company, corporation, unincorporated association, partnership, proprietorship, or governmental entity. ETC Canyon Pipeline, LLC / DO1-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 16 (6) "Unmarked human burial" means any interment of human remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased. 24-80-1302. Discovery of human remains. (1) Except as provided in section 24-80-1303 with regard to anthropological investigations, any person who discovers on any land suspected human skeletal remains or who knowingly disturbs such remains shall immediately notify the coroner of the county wherein the remains are located and the sheriff, police chief, or land managing agency official. (2) The coroner shall conduct an onsite inquiry within 24 hours of notification to attempt to determine whether such skeletal remains are human remains and to determine their forensic value. If the coroner is unable to make such determinations, the police chief, the sheriff, the coroner, or the land managing agency official shall request the forensic anthropologist of the Colorado bureau of investigation to assist in making such determinations. If it is confirmed that the remains are human remains but of no forensic value, the coroner shall notify the state archaeologist of the discovery. The state archaeologist shall recommend security measures for the site. (3) Prior to further disturbance, the state archaeologist shall cause the human remains to be examined by a qualified archaeologist to determine whether the remains are more than one hundred years old and to evaluate the integrity of their archaeological context. Complete documentation of the archaeological context of the human remains shall be accomplished in a timely manner. 411 (4)(a) If the on-site inquiry discloses that the human remains are Native American, the state archaeologist shall notify the commission. (b) The remains shall be disinterred unless the landowner, the state archaeologist, and the chairperson of the commission or his/her designee unanimously agree to leave the remains in situ. (c) Disinterment shall be conducted carefully, respectfully, and in accordance with proper archaeological methods and by an archaeologist who holds a permit issued under sections 24-80- 405 and 24-80-406. In the event the remains are left in situ, they shall be covered over. (d) Without the landowner's express consent for an extension of time, disinterment shall be accomplished no later than ten consecutive days after the state archaeologist has received notification from the coroner pursuant to subsection (2) of this section. (e) The archaeologist who conducts the disinterment shall assume temporary custody of the human remains, for a period not to exceed one year from the date of disinterment, for the purpose of study and analysis. In the event that a period in excess of one year is required to complete such study and analysis, the commission shall hold a hearing and may, based upon its findings, grant an extension. During the period that the human remains are in the temporary custody of the archaeologist who conducted the disinterment, an archaeological analysis and report shall be prepared. At the same time, a physical anthropological study shall be conducted to include, but not be limited to, osteometric measurement, pathological analysis, and age, sex, and cause of death determinations. The cost of the ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 17 disinterment, archaeological analysis, and physical anthropological study shall be borne by the state archaeologist except when the human remains are recovered from private lands. In the latter case, if no party can be identified who will bear the cost of such scientific study; the state archaeologist shall bear such costs. (f) Upon completion of the studies pursuant to paragraph (e) of this subsection (4), the state archaeologist shall consult with the commission regarding reinternment. (5) Those remains which are verifiably nonnative American and are otherwise unclaimed shall be delivered to the county coroner for further conveyance to the Colorado state anatomical board. 24-80-1303. Discovery of human remains during an anthropological investigation. (1) Prior to the commencement of an anthropological investigation in which it is probable that skeletal remains will be discovered, the anthropologists conducting such an investigation shall apply to the state archaeologist for an excavation permit issued under the authority of section 24-80-405 (1)(g). Upon receipt of said permit by a qualified applicant, he shall notify the coroner and sheriff of the county in which the investigation shall be conducted. (2) When skeletal remains are discovered during such an investigation, the anthropologists shall determine whether such skeletal remains are human remains, and, if such remains are determined to be human remains, the anthropologists shall determine, whenever possible, the age and cultural affiliation of the individual. Based on such determinations, the anthropologists shall proceed as follows: (3) If it is determined that the human remains are of an individual who has been dead less than one hundred years, the anthropologists shall notify the coroner of the discovery and shall offer an opinion as to the forensic significance of the human remains. The coroner will respond to such notification within 24 hours, during which time all activity that could disturb such human remains shall cease. If, on the basis of the anthropologist's opinion or on an independent onsite inquiry, the coroner determines that the human remains are of no forensic significance, the anthropologists shall notify either the state archaeologist, if the human remains are those of a native American, or the Colorado state anatomical board, if the human remains are those of a human being who was not a native American. (4) If it is determined that the skeletal remains are human remains but of an individual who has been dead for more than 100 years, notwithstanding the provisions of section 30-10-606 (1.2), C.R.S., the anthropologists need not notify the coroner but shall notify either the state archaeologist, if the human remains are those of a Native American, or the Colorado state anatomical board, if the remains are of a nonnative American. (5) Upon notification by the anthropologists of the discovery of the human remains of a native American, the state archaeologist shall notify the commission and shall thereafter proceed in accordance with the provisions of section 24-80-1302 (4). 24-80-1305. Violation and penalty (1) Any person who knowingly disturbs an unmarked human burial in violation of this part 13 commits a class 1 misdemeanor and shall be punished as provided in section 18-1-106 C.R.S. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 18 (2) Any person who has knowledge that an unmarked human burial is being unlawfully disturbed and fails to notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located commits a class 2 misdemeanor and shall be punished as provided in section 18-1-106,C.R.S. b. Mitigation. (Disclosure of site location information is prohibited under 43 CFR7.18). An archaeological monitor conducted by a archaeological firm qualified and permitted to do this type of archaeological work within the Colorado River Valley Field Office area is required during all phases of construction of the pipeline in the NENW Section 11, T7S, R94W; the SW and SE of Section 21, the NWNW of Section 28, and the NENE of Section 29, T7S, R93W. Maps with the exact location of sections of pipeline to be monitored shall be provided to the excavation firm by the archaeological contractor. No ground -disturbing construction activities (topsoiling, ditching, etc.) shall begin prior to the archaeologist's arrival. ETC Canyon Pipeline is responsible for notifying the archaeological firm at least 72 hours in advance of any proposed ground disturbance in the specified areas. ETC Canyon Pipeline is responsible for any and all construction delays and/or damage to cultural manifestations due to insufficient notification of the archaeological contractor, and or noncompliance with the procedures. Archaeological monitoring shall involve on -the -ground visual inspection of all construction for the road/pipeline within the areas specified above. The archaeologists shall follow all the ground - disturbing equipment at a cautionary distance, allowing time for the construction dust to settle and for visible detection of buried cultural features to occur. If cultural resources are discovered, all ground -disturbing activities in the vicinity of identified feature(s) shall be halted and a buffer area at least 100 feet from the identified feature(s) shall be protected from any additional disturbance until which time as the feature(s) is mitigated via data recovery. Appropriate samples for analysis to determine cultural/temporal affiliation, and subsistence shall be collected and analyzed as appropriate. At least one stratigraphic profile shall be made for each feature identified, and samples for paleoenvironmental reconstructions shall be taken as appropriate. Periodic reporting to the BLM archaeologist of progress and findings shall be completed on a weekly or more frequent schedule as deemed necessary by the BLM. Temporary work fencing shall be installed along both edges/sides of the ROW where it crosses through cultural sites in Sections 10 and 22. The fencing width shall extend 100 feet beyond the site boundaries in both directions. Fencing is not required for the portions of the pipeline to be monitored in Sections 21, 28, 29, T7S, R93W. Maps with exact location of sections of pipeline to be monitored shall be provided to the excavation firm by the archaeological contractor. The extension of Federal protection to cultural resources on affected portions of private land is specified in BLM Manual 8100.07 (Responsibility for Non -Federal Cultural Resources). c. Native American Religious Concerns. The Native American Graves Protection and Repatriation Act (NAGPRA), requires that if inadvertent discovery of Native American Remains or Objects occurs, activity shall cease in the area of discovery, a reasonable effort shall be made to protect the item(s) discovered, and immediate notice shall be made to the BLM, as well as the appropriate Native American group(s) (IV.C.2). Notice may be followed by a 30 -day delay (NAGPRA Section 3(d)). ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 19 BLM SITE-SPECIFIC STIPULATIONS (Ref. EA, Appendix B, p. B-12) • 1. Stream Crossings. Along steep slopes and/or riparian areas, the width of disturbance shall be reduced to the maximum degree possible. The pullback section of pipe at Beaver Creek shall be staged within the approved workspace, which shall be appropriately marked before any disturbance occurs. At Porcupine Creek, the operator shall remove the visible portion of an existing, defunct 3 -inch diameter natural gas pipeline currently exposed within the creek adjacent to the stream crossing location. The operator shall perform no activities that impinge upon or otherwise impact the jurisdictional "Cabin Wetlands" adjacent to the homestead near the western end of the pipeline route, as described in the Wetland Delineation Report (RMES 2009). 2. Staging Area. The operator shall construct a truck turn -around and pipe unloading area on EnCana's J16W pad (NWSE, Section 16, T7S, R93W) per specifications shown on the approved submitted plat. The operator shall be responsible for reclamation of disturbed surfaces on J16W and the nearby stock pond. Pipe shall not be stored on the well pad. All EnCana safety procedures shall be followed when personnel is on the location (Personal Protective Equipment, Flame Resistant Clothing, etc). 3. Seed Mixes. For all BLM lands disturbed by the proposed project, ETC shall use a seed mix consistent with BLM standards in terms of species and seeding rate for the Pinyon -Juniper Woodland habitat type. The approved seed mix is on file with the Colorado River Valley Field Office. (Ref EA, Appendix B, Table on p. B-13) 4. Sensitive Plant Species. To protect Harrington's penstemon (a BLM sensitive plant species), the following will be met: a. A pre -construction onsite meeting with the BLM ecologist shall be held to determine which locations along the ROW will be narrowed to minimize impacts to Harrington's penstemon. b. The areas to be narrowed shall be flagged prior to or during the pre -construction meeting by ETC and will meet the approval of the BLM ecologist. WRNF SITE-SPECIFIC STIPULATIONS (Ref. EA, Appendix B, p. B-14) 1. Facilities. All above -ground facilities at the current tie-in location of Laramie II to EnCana pipeline facilities (SESE Section 29, T7S, R93W) shall be removed prior to operation of the ETC pipeline. The only above -ground facility at the tie-in location shall be an ETC "pig launcher" and associated metering facility and valve set. The existing gravel at the tie-in location shall be removed to the road, nearby well pad, or other graveled driving surface. Following removal of the existing facilities and gravel, the site shall be revegetated with an approved seed mix. 2. Surface Improvements. The pipeline construction corridor includes a Forest Service trailhead adjacent to FSR 818 (the staging area on NFS lands) consisting of information sign boards, rock barriers and a graveled parking area. After pipeline installation has been completed this trailhead shall be restored to its existing condition or better by ETC, and as directed by the Forest Service. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 20 • 3. Drainage Crossings and Culverts. On USFS land, the minimum diameter of culverts in roads shall be 18 inches for ditch relief and 24 inches for side drainage relief. Culvert inlets and outlets shall be armored; outlets in cross drainages shall be armored a distance of 10 feet along the drainage. 4. Range Management. A stock pond (NW Section 21, T7S, R93W) shall have maintenance performed while appropriate equipment used for pipeline construction is in the vicinity. The maintenance performed will be to clean this stock pond as directed by the BLM/USFS representative. This site was visited by ETC and BLM/USFS representatives while reviewing the proposed pipeline route and included discussions on cleaning procedures. 5. Seed Mixes. For all WRNF lands disturbed by the proposed project, ETC shall use a seed mix consistent with BLM standards in terms of species and seeding rate for the Mixed Mountain Shrub habitat type and add 0.1 PLS lbs/acre of mountain big sagebrush to the seed mix. The Mixed Mountain Shrub seed mix and its seeding rates are on file with the BLM Colorado River Valley Field Office. (Ref. EA, Appendix B, Table on B-14). 6. Visual Resources. Slash should be lopped and randomly scattered over disturbed areas to mimic the adjacent environment. Lop and scatter slash consisting of trees, shrubs, and limbs to no higher than 18 inches in height. Excess slash shall be buried, burned, or used for firewood gathering. Forest Plan guidance regarding coarse woody debris shall be met. a. Stumps should be cut as low as possible to the ground to minimize visual impact. Stumps adjacent to the West Mamm Creek Road (NSFR 818) and within 100 feet shall be 8 inches or less. Beyond 100 feet and all other areas shall be 12 inches or less. b. Root wads created by any tree clearing activities that are visible in the foreground of open system • roads shall be buried or otherwise removed from sight. c. All equipment and construction debris (human -caused debris and trash, including old culverts) caused by pipeline construction operations shall be removed from the site at project completion. d. All facilities including the metering facility, launcher/receiver, and associated valve set at a given site shall be painted the same color, as follows: Federal Standard colors 34095 for aspen/oak/sagebrush sites and 34083 for spruce/fir sites in a "flat" finish that is non -reflective. Any existing above -ground facilities that do not match standard colors should be repainted. If possible, the metering facility shall be located to utilize vegetation for screening off the road. e. To assist with revegetation, root systems shall be left in place where feasible and only removed in the trench construction. The herbaceous vegetative crown shall be maintained to the extent possible where blading of the ROW and extra workspaces are not necessary. 7. Road Use Permit. Prior to use of the West Mamm Creek Road (NFSR 818), a Road Use Permit shall be obtained from the Forest Service. a. Components of the permit include the following: • A structural analysis of NFSR 818 based on estimated traffic loads. The structural analysis shall be prepared and signed by a Professional Civil Engineer licensed in the State of Colorado. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T/February 2010 21 • An operating plan and a traffic control plan prepared and signed by a Professional Civil Engineer licensed in the State of Colorado shall be submitted and approved by the Forest Service designated representative. • Proof of liability insurance and a performance bond or other surety shall be submitted prior to approval of the Road Use Permit. b. ETC shall be responsible for any structural reinforcement of the travel way, surface rock replacement and road maintenance at intervals as determined by the Forest Service designated representative. c. If road damage occurs and is not repaired by ETC in a timely manner as required by the designated BLM or the WRNF representative, the performance bond shall be used. d. No spoils from pipeline construction shall be allowed to be placed on the travel way. e. No loaded pipe trucks shall be allowed past the truck turnaround point located along the ROW (approximately 1.5 miles from the beginning of the Forest Service easement across private lands) without prior approval. f. Light pickup traffic and trucks mobilizing construction equipment shall be allowed to travel to the staging area located at the end of the 12 -inch section of pipeline. ETC Canyon Pipeline, LLC / DOI-BLM-CO-N040-2009-0070 / COC73824, COC73824T / February 2010 22 OLSSON ASSOCIATES 0)irnba Phase 2 Pipeline Summit Midstream Red Rock Gathering Company LLC •We..tPLtrT. ba l„.otKo rue • e'arfiteld County, Colorado Prepared by: Er:e Petterson, Techn,on L.oade Qnson Associatnn 760 Horizon Drive Suite 102 Grand Junction CO 81506 TEL 970.309.5190 epetterson@olssonassociates.com www.oissonassociates.com • West Pumba Phase 2 Pipeline Red Rock Gathering Noxious Weed Report & Management Plan Noxious Weed Inventory & Management Pian West Pumba Phase 2 Pipeline Summit Midstream Partners 1 Red Rock Gathering Company LLC Garfield County, Colorado Prepared for: Garfield County Vegetation Management 0375 County Road 352, Bldg. 2060 Rifle, CO 81650 Prepared by: Eric Petterson, Senior Biologist Olsson Associates 760 Horizon Drive Suite 102 Grand Junction CO 81506 TEL 970.309.5190 1 FAX 970.263.7456 epetterson@olssonassociates.com www.olssonassociates.com Tracey Jensen, Permit Manager - Rockies Summit Midstream Partners 707 Wapiti Ave, Suite 202 Rifle, CO 81650 tjensen@summitmidstream.com 970-440-1006 Olsson Project 016-2476 Olsson Associates • • • West Pumba Phase 2 Pipeline Red Rock Gathering Noxious Weed Report & Management Plan Table of Contents 1. PROJECT DESCRIPTION 1 1.1. Description of Analysis Area 1 1.2. Photos of Dominant Vegetation Community Types 2 2. RESULTS OF SURVEY EFFORTS 3 2.1. Figure 1: Noxious Weeds Map — West End 4 Figure 2: Noxious Weed Map — East End 5 3. NOXIOUS WEED MANAGEMENT PLAN 6 4. SEED MIX RECOMMENDATION 7 APPENDIX A- COLORADO LISTED NOXIOUS WEEDS 8 APPENDIX B- GARFIELD COUNTY NOXIOUS WEED LIST 11 Olsson Associates ii Red Rock Gathering • 1. PROJECT DESCRIPTION This noxious weed inventory and management plan was prepared at the request of Red Rock Gathering Company for the proposed West Pumba Phase 2 Pipeline. Red Rock Gathering Company, LLC (RRG), a subsidiary of Summit Midstream Partners, is proposing to construct approximately 2.39 miles of 12 -inch diameter buried steel natural gas pipeline and related aboveground facilities. The proposed West Pumba Phase 2 Pipeline project is located in Garfield County, Colorado in Sections 7, 8, and 9, Township 7 South, Range 93 West (6th Principal Meridian). The proposed pipeline corridor follows existing pipelines, which were constructed by Encana Oil and Gas (USA) Inc., and Red Rock Gathering in the past five years. Both Garfield County's noxious weed list' and the State of Colorado's noxious weed list2 were utilized for Olsson's survey efforts (see Appendix A and B). To summarize, our surveys found the following State listed noxious weeds: West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan • • 2 List B Species o Houndstongue (Cynog/ossum officinale) o Plumeless thistle (Carduus acanthoides) G • 1 List C Species o Cheatgrass (downy brome) (Anisantha tectorum) G= also a Garfield County noxious weed 1.1. Description of Analysis Area The proposed ROW passes through natural vegetation communities of mixed grasslands likely caused by the removal of sagebrush steppe, sagebrush steppe, pinyon -juniper woodlands, and mixed mountain shrubland. The natural vegetation is dominated by pinyon -juniper woodlands (Pinus edulis and Sabina osteosperma respectively) big sagebrush (Artemisia tridentata) with a scattered presence of Utah serviceberry (Amelanchier utahensis), snowberry (Symphorocarpos rotundifolia), and oakbrush (Quercus gambelii). The understory was diverse, and was dominated by American vetch (Viscia americana), lupine (Lupinus spp.), Sandberg bluegrass (Poa secunda), paintbrush (Castilleja spp.), scorpion weed (Phacelia heterophylla), sulfur flower (Eriogonum Umbellatum), June grass (Koelaria macarantha), yarrow (Achillea millefolium), Rocky Mountain penstemon (Penstemon strictus), bluebunch wheatgrass (Pseudoroegneria spicata), green needlegrass (Nassella viridula) and needle -and -thread grass (Hesperostipa comata). Additional species occurred in lesser coverage and amounts. Garfield County Noxious Weed list: http://www.garfield-county.com/vegetation-management/noxious-weed- list.aspx 2 Colorado Noxious Weed list: http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheadernamel=ContentDisposition&blobheadername 2=ContentType&blobheadervaluel =inline%3B+filename%3D%22Noxious+Weed+List.pdf%22&blobheadervalu e2=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251965326013&ssbinary=true Olsson Associates 1 • • • Red Rock Gathering West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan 1.2. Photos of Dominant Vegetation Community Types Mixed Mountain Shrubland Seeded grasses along existing pipeline ROWs Sagebrush Shrubland Olsson Associates 2 • • Red Rock Gathering 2. RESULTS OF SURVEY EFFORTS Plumeless thistle and houndstongue were found within the project area, but only in very small amounts. West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan At the northern end of the proposed route, plumeless thistle was extremely sparse (two individual plants observed), and both were near the existing K8W pad. Where the previously West Pumba Loop pipeline was constructed last year, noxious weeds were more common, but appeared to have been recently sprayed; this pipeline was not part of the survey area, as it occurs on BLM managed lands. Houndstongue infestations was generally limited to individual plants around previously disturbed areas near the K8W, and near the previously constructed West Pumba Loop pipeline (near the BLM boundary). Houndstongue had low density but is widely scattered and should be treated to prevent further infestation. Olsson Associates 3 • • • Red Rock Gathering 2.1. Figure 1: Noxious Weeds Map — West End West Pemba Phase 2 Pipeline Noxious Weed Report & Management Plan 11e00LR1 0119E. BEAVEA H0,V2 SCALE 2- 200 VERr SCALE; t'- 50 012 Olsson Assoc'etes 4 • • • Red Rock Gathering Figure 2: Noxious Weed Map — East End Wast Pemba Phase 2 Pipeline Noxious Weed Report & Management Plan Olsson Associates . Red Rock Gathering 3. NOXIOUS WEED MANAGEMENT PLAN • • West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan As mandated by the Colorado Noxious Weed Act and the Colorado Oil and Gas Conservation Act (and in conformance with Bureau of Land Management (BLM) and U.S. Forest Service (USFS) National Invasive Weed Strategies), an operator shall control noxious weeds on lands they disturb during oil and gas exploration and development, including well pads, facilities, pipelines, roads and any other disturbed areas on private property (and on BLM and USFS lands). To meet the requirements of the Colorado Noxious Weed Act, the operator shall conduct prescribed management techniques for noxious weeds included on one of three State weed lists: List A — designated for statewide eradication; List B — managed to prevent further spread and, for selected species, designated for eradication in large areas; and List C — of more localized concern, but for which the State will provide education, research, and biological control assistance to jurisdictions that choose to manage the species. The current State list is available in Appendix A. If populations of List A species are present in the project area, every population shall be eradicated prior to seed development. To stop the spread of List B species, populations of every species designated for eradication in a particular county shall be eliminated prior to seed development. Additionally, to meet reclamation objectives, the operator should eliminate or minimize those noxious and invasive weeds designated as "undesirable species". Undesirable species include redstem filaree and quackgrass, all List C species (e.g., halogeton [Halogeton glomeratus] and cheatgrass [Anisantha tectorum]), and invasive species that commonly colonize disturbed or reclaimed land and impede or prevent establishment of desirable species (e.g. kochia [Kochia sieversiana, K. iranica, K. scoparia] and Russian thistle [Salsola australis, S. iberica, S. kali]). Control of invasive species is a difficult task and requires on-going control measures. Care must be taken to avoid negatively impacting desirable plant communities and inviting infestation by other pioneer invaders. Weed management is best achieved by employing aggressive control early on, and persistent control efforts over several growing seasons, including direct treatments, prevention through best management practices, monitoring of treatment efficacy, and subsequent detection efforts. Weed management is often limited to controlling existing infestations and prevention of further infestations, rather than eradication, but through effective weed management practices eradication can be possible in small to medium sized weed populations. Olsson Associates 6 • Red Rock Gathering 4. SEED MIX RECOMMENDATION RRG would utilize the following seed mix for reclamation (pending landowner and BLM approval). Seeding in the late fall (e.g., mid-October) is best to provide for the most optimal reclamation success and seed establishment. This mix is consistent with the current BLM seed mix guidance document (Perkins 2014). West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan Common Name Scientific Name Variety PLS lbs/acre Bottlebrush Squirreltail Elymus elymoides VNS 2.7 Bluebunch wheatgrass Pseudoroegneria spicata Secar 3.7 Slender wheatgrass Elymus trachycaulus San Luis 2.5 Western wheatgrass Pascopyrum smithii Arriba 3.6 Canby bluegrass Poa canbyi, P. secunda Canbar 0.3 Letterman needlegrass Achnatherum lettermanii VNS 1.7 Junegrass Koeleria macrantha VNS 0.1 Utah serviceberry Amelanchier utahensis VNS 0.5 Yarrow Achillea millefolium VNS 0.05 These rates are based on drill seeding (i.e., 60 PLS per square foot), but if the site is to be broadcast seeded, and then double the seeding rate (120 PLS per square foot or lbs/acre). If noxious weeds appear to be an issue, then withholding seeding -in the Utah serviceberry and yarrow for one year to allow for more effective weed management (spraying) would be recommended. Seeding with natives should occur in the fall (mid-October). Olsson Associates 7 • • Red Rock Gathering APPENDIX A- COLORADO LISTED Noxious WEEDS Colorado Noxious Weeds (including Watch List) List A Species (22) Common Scientific West Pumba Phase 2 Pipeline Noxious Weed Report & Management Plan African rue Camelthorn Common crupina Cypress spurge Dyer's woad Elongated mustard Giant reed Giant salvinia Hydrilla Japanese knotweed Giant knotweed Bohemian knotweed Meadow knapweed Mediterranean sage Medusahead Myrtle spurge Orange hawkweed Purple loosestrife Rush skeletonweed Squarrose knapweed Tansy ragwort Yellow starthistle List B Species (37) Common (Peganum harmala) (Alhagi pseudalhagi) (Crupina vulgaris) (Euphorbia cyparissias) (lsatis tinctoria) (Brassica elongata) (Arundo donax) (Salvinia molesta) (Hydrilla verticillata) (Polygonum cuspidatum) (Polygonum sachalinense) (Polygonum x bohemicum) (Centaurea pratensis) (Salvia aethiopis) (Taeniatherum caput -medusae) (Euphorbia myrsinites) (Hieracium aurantiacum) (Lythrum salicaria) (Chondrilla juncea) (Centaurea virgata) (Senecio jacobaea) (Centaurea solstitialis) Scientific Absinth wormwood Black henbane Bouncingbet Bull thistle Canada thistle Chinese clematis Common tansy Common teasel Corn chamomile Cutleaf teasel (Artemisia absinthium) (Hyoscyamus niger) (Saponaria officinalis) (Cirsium vulgare) (Cirsium arvense) (Clematis orientalis) (Tanacetum vulgare) (Dipsacus fullonum) (Anthemis arvensis) (Dipsacus laciniatus) Dalmatian toadflax, broad-leaved (Linaria dalmatica) Dalmatian toadflax, narrow -leaved (Linaria genistifolia) Dame's rocket Diffuse knapweed Eurasian watermilfoil Hoary cress Houndstongue (Hesperis matronalis) (Centaurea diffusa) (Myriophyllum spicatum) (Cardaria draba) (Cynoglossum officinale) Olsson Associates 8 • • • West Pumba Phase 2 Pipeline Red Rock Gathering Noxious Weed Report & Management Plan Jointed goatgrass Leafy spurge Mayweed chamomile Moth mullein Musk thistle Oxeye daisy Perennial pepperweed Plumeless thistle Quackgrass Russian knapweed Russian -olive Salt cedar Scentless chamomile Scotch thistle Spotted knapweed Spurred anoda Sulfur cinquefoil Venice mallow Wild caraway Yellow nutsedge Yellow toadflax List C Species (15) Common (Aegilops cylindrica) (Euphorbia esula) (Anthemis cotula) (Verbascum blattaria) (Carduus nutans) (Chrysanthemum leucanthemum) (Lepidium latifolium) (Carduus acanthoides) (Elytrigia repens) (Acroptilon repens) (Elaeagnus angustifolia) (Tamarix chinensis, T. parviflora, and T. ramosissima) (Matricaria perforate) (Onopordum tauricum) (Centaurea maculosa) (Anoda cristata) (Potentilla recta) (Hibiscus trionum) (Carum carve) (Cyperus esculentus) (Linaria vulgaris) Scientific Bulbous bluegrass Chicory Common burdock Common mullein Common St. Johnswort Downy brome Field bindweed Halogeton Johnsongrass Perennial sowthistle Poison hemlock Puncturevine Redstem filaree Velvetleaf Wild proso millet (Poa bulbosa) (Cichorium intybus) (Arctium minus) (Verbascum thapsus) (Hypericum perforatum) (Bromus tectorum) (Convolvulus arvensis) (Halogeton glomeratus) (Sorghum halepense) (Sonchus arvensis) (Conium maculatum) (Tribulus terrestris) (Erodium cicutarium) (Abutilon theophrasti) (Panicum miliaceum) Olsson Associates 9 West Pumba Phase 2 Pipeline Red Rock Gathering Noxious Weed Report & Management Plan Watch List Species (26) Common Scientific Asian mustard Baby's breath Bathurst burr, Spiney cocklebur Brazilian elodea Common bugloss Common reed Flowering rush Garlic mustard Hairy willow -herb Himalayan blackberry (Brassica tournefortii) (Gypsophila paniculata) (Xanthium spinosum) (Egeria densa) (Anchusa officinalis) (Phragmites australis) (Butomus umbellatus) (Alliaria petiolata) (Epilobium hirsutum) (Rubus armeniacus) Japanese blood grass/cogongrass (Imperata cylindrica) Meadow hawkweed (Hieracium caespitosum) Onionweed Pampas grass Parrotfeather Scotch broom Sericea Iespedeza Swainsonpea Syrian beancaper Water hyacinth Water lettuce White bryony Woolly distaff thistle Yellow flag iris Yellow floatingheart Yellowtuft (Asphodelus fistulosus) (Cortideria jubata) (Myriophyllum aquaticum) (Cytisus scoparius) (Lespedeza cuneata) (Sphaerophysa salsula) (Zygophyllum fabago) (Eichhornia crassipes) (Pistia stratiotes) (Bryonia alba) (Carthamus lanatus) (Iris pseudacorus) (Nymphoides peltata) (Alyssum murale, A. corsicum) Olsson Associates 10 • • • West Pumba Phase 2 Pipeline Red Rock Gathering Noxious Weed Report & Management Plan APPENDIX B- GARFIELD COUNTY Noxious WEED LIST Common name Scientific name Leafy Spurge Euphorbia esula Russian Knapweed Acroptilon repens Yellow Starthistle Centaurea solstitalis Plumeless Thistle Carduus acanthoides Houndstongue Cynoglossum officinale Common Burdock Arctium minus Scotch Thistle Onopordum acanthium Canada Thistle Cirsium arvense Spotted Knapweed Centaurea maculosa Diffuse Knapweed Centaurea diffusa Dalmatian Toadflax Linaria dalmatica Yellow Toadflax Linaria vulgaris Hoary Cress Cardaria draba Salt Cedar Tamarix parviflora, Tamarix ramosissima Oxeye Daisy Chrysanthemum leucantheum Jointed Goatgrass Aegilops cylindrica Chicory Cichorium intybus Musk Thistle Carduus nutans Purple Loosestrife Lythrum salicaria Russian Olive Elaeagnus angustifolia Olsson Associates 11 COLORADO Department of Public Health & Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -0300000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR03N530 This Certification to Discharge specifically authorizes: Red Rock Gathering Co LLC to discharge stormwater from the facility identified as Rifle Field To the waters of the State of Colorado, including, but not limited to: Spruce Creek, Porcupine Creek, Beaver Creek, Ramsey Gulch, Helmer Gulch- Colorado River Facility Industrial Activity : Facility Located at: Specific Information (if applicable): Oil and gas production 170 and Cedar Springs Rd Rifle CO 81650 Garfield County Latitude 39.463325 Longitude -107.81858 Certification is effective: 3/25/2015 Expiration Date: 6/30/2012 *ADMINISTRATIVELY CONTINUED This certification under the permit requires that specific actions be performed at designated times. The certification holder is Legally obligated to comply with all terms and conditions of the permit. This certification was approved by: Lillian Gonzalez, Unit Manager Permits Section Water Quality Control Division *explanation of Admin Continued in cover letter COLORADO Department of Public Health Er Environment Dedicated to protecting and improving the health and environment of the people of Colorado Megan Davis, Reg and Sr Counsel VP Red Rock Gathering Co LLC 5910 N Central Expressway Ste 350 Dallas, TX 75206 DATE: 3/25/2015 MEMO RE: Certification, Colorado Discharge Permit System Permit No., COR030000, Certification Number: COR03N530 DIVISION CONTACTS: Lillian Gonzalez, Environmental Protection Specialist, at 303-692-3655, or Karen Harford, Admin, at 303-691-4019 ATTACHMENTS: Certification C0R03N530, General Permit, Highlight Sheet, Inactivation form The Water Quality Control Division (the Division) has reviewed the application submitted for the Rifle Field facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges Associated with Construction Activities (the permit). Enclosed please find a copy of the permit certification, which was issued under the Colorado Water Quality Control Act. FEE INFORMATION: The Annual Fee for this certification is $245.00 [category 7, subcat 9 - Stormwater Construction per CRS 25-8-502] is invoiced every July. Do Not Pay This Now. The initial prorated invoice will be sent to the legal contact shortly. CERTIFICATION RECORDS INFORMATION: The following information is what the Division records show for this certification. For any changes to Contacts - Legal, Facility, or Bitting - a "Notice of Change of Contacts form" must be submitted to the Division. This form is also available on our web site and must be signed by the legal contact. Facility: Rifle Field GarfietdCounty Construction Activities Oil and gas production Legal Contact (receives all legal documentation pertaining to the permit certification): Megan Davis, Reg and Sr Counsel VP Phone number: 214-462-7704 Red Rock Gathering Co LLC Email: mdavis@summitmidstream.com 5910 N Central Expressway Ste 350 Dallas, TX 75206 Facility Contact (contacted for general inquiries regarding the facility): Andrew Parisi,Env Dir Phone number: 303-626-8269 Red Rock Gathering Co LLC Email: aparisi®summitmidstream.com 999 18 St Ste 3400S Denver, CO 80202 • Billing Contact (receives the invoice pertaining to the permit certification) : Andrew Parisi, Env Dir Phone number: 303-626-8269 Red Rock Gathering Co LLC Email: aparisi@summitmidstream.com 999 18 St Ste 3400S Denver, CO 80202 ADMINISTRATIVE CONTINUATION EXPLANATION: The Division is currently developing a renewal permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. The Construction Stormwater General Permit, which expired June 30, 2012, is administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. 1973, 24-4-101, et seq (1982 rept. vol. 10) until a renewal permit/certification is issued and effective. The renewal for this facility will be based on the application that was received 3/19/2015 The expiration date identified on the enclosed certification (6/30/2012) is correct; all effluent limits, terms and conditions of the administratively continued permit are in effect until the renewal is complete. 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor 1 Larry Wolk, MD, MSPI I, Executive Director and Chief Medical Officer