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HomeMy WebLinkAboutApplication• • Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com Terra RU 31-17 TYPE OF GRADING 0 MAJOR 0 MINOR INVOLVED PARTIES Property Owner: Youberg Beaver Creek Ranch, LP Phone: ( 712 ) 662-3285 Mailing Address: 215 S. 10th Street Sac City, IA 50583 Contractor: TBD Phone: ( ) Mailing Address: Architect: N/A 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: Terra RU 31-17 Pipeline Describe Work: Grading of ROW for installation & burial of 12" natural gas pipeline. Proposed pipeline across fee is approximately 1327' in length and 75' in width; permanent easement will be 10', temp easement 65', which will be reclaimed to as near as pre -construction contours as possible. Job Address: Section 7 & 18, T7S, R93W Assessor's Parcel Number: 2403-073-00-001 Sub. N/A Lot N/A Block N/A Earthwork (square feet): 99'525 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. CERTIFICATION h , I herebycertifythat 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 provi• • e required information which is correct and accurate to the best of my knowledge. r Property Own • • rint and Sign 08/18/2016 Date OFFICIAL US Y Special Conditions: Permit Fee: �� Misc Fees: Total Fees: 9 `'fes Fees Paid: Li (1) Balance due: 17 Grading Permit: 6.1Z b— i Issue Date: Zonin 1 1312 cl ikiz BUILDING / PLANNING DIVISION 0� . \N,—� — L /1-2a! S'gned A proval Date our J4/075012f��� Project name/operator: Project general location: Pipeline Grading Permit Checklist eiN 3/ - /7 ?Ipg.).-it-4 Project acreage: 1327 7' Project length and pipe size: /�2'7 Bond Amount (must equal acreage x $2500): Weed management plan approved by Veg. Management: Property owners including federal lands with easements: 47)4-(41/41 `�aAk 014-44tL t� Engineered sealed plans: Plan set to county engineer consultant for review: State storm water permit: C - Cod D 3,V5 .3,o Any county road cut permits needed: Any land use permits needed based on size or flood plain: Any Corp of Eng. wetland issues: Original Bond and map to Treasurer's office: Copy of bond in file: r Map to GIS: Other: Pending items/date: k / BAUER YOUBE-RG 79 BERG @t OggIENGWYMI RU -17 PIPELINE 1,327' +/- ?YOUBERG BEAVER CREEK RANCH YOUBERr RU 31-17 PIPELINE 3,366' +/- BLM WOMAN - =W1,H. RU 23-17 PIPELINE 4,287' +/- BLM Legend ••• PROPOSED RU 23-17 (4,287' +/- BLM) •••E PROPOSED RU 31-17 (3,366' +/- BLM) ••• PROPOSED RU 31-17(1,327' +/- YBCR) — PROPOSED ROAD =PROPOSED PAD EXISTING IRON MESA8" PIPELINE EXISTING WELL PAD EXISTING ROAD Summit Midstream ATMII Wasatch Surveying Associates ATM 906 Main Street Evanston. Wyoming 82930 SURVEYING Phone N0(307)789-4545 Fax (307) 789-5722 PROPOSED RU 31-17 & RU 23-17 PIPELINES SECTIONS 7,17 & 18, T7S, R93W, 6th, P.M. GARFIELD COUNTY, COLORADO VICINITY MAP PROJECT 1110 0-12-02 8 03 DATE: 728'2018 SCALE. 1 inch = 500 feet REV September 12, 2016 Garfield County Vegetation Management Andy Schwaller Garfield County Community Development Department RE: Summit GRAD -4384 Terra RU 31-17 Pipeline Dear Andy, 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 $7 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). The security, if in the form of a bond, shall remain current until released by the Board of County Commissioners. Please let me know if you have any questions. Sincerely, Steve f%rt/raay Steve Anthony Garfield County Vegetation Manager 195 W. 14`" Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 • • • Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. X38-30-172, the undersigned executes this Statement of Authority on behalf of Red Rock Gathering Company, LLC 8 a Limited Liability Company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individuai, 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 of Delaware The mailing address for the Entity Is 2128 Railroad Ave., Ste 106 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 (if no limitations, insert "None"): Blgnpmmltopp@canons dad psrmus Isswd bY0sfietd 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 V V ` , 20 . Signature: Name (print Title (if any): The forgi ng In trJ}3 was acknowledged�, on me this ��[ �j , nn behalf of Uwe W° main 1' e `( STATE OF 1,X.tx }SS. COUNTY OF :70 ) Witness my hand and official e My commission expires: e XI JESSICA WilliiWIN hlotsryPublic, fTexttaMy Commission Explree04:May 01,2014 vow (Date) August 18, 2016 Attention: Andy Schwaller Garfield County Building & Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Re: Grading Permit Terra RU 31-17 Pipeline 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 08/17/2016 Youberg Beaver Creek Ranch 881182 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: • 4111 rime TragyJensen Permit Manager Liberty Mutual=. LICENSE & PERMIT BOND Bond Number: 022054064 KNOW ALL MEN BY THESE PRESENTS, that we Red Rock Gathering 6x4b 3,') c I2 2o /c 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 in the penal sum of Five Thousand, Seven Hundred & 00/100 , as obligee (the "Obligee"), Dollars ($ 5,700.00 ), 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 Terra 31-17 Pipeline AFE #2016-RRG-WPX-2317P/BON1 for the term beginning the 17th day of August , 20 16 , 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 20 16 WITNESS / ATTEST Red Rock Gath �Y6iP,P�ac� (Principal) By: 4727. (Seal) Title: e\/ r'kekv-Icictk offi LIBER Y,VIUTUAL tINSURANC COMPANY (Sure /% By:i ✓tf, 1 (Seal) Cara D. Hancock ttorneY n -Fact LMIC-6500 Rev. 03/04 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. 7218910 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company 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. Binggeli; 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 attorney-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 December 2015 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. COMMONWEALTH OF PENNSYLVANIA ss American Fire and Casualty Company The Ohio Casualty insurance Company Liberty Mutual Insurance Company West encan Insurance Company By: ^tih/ David M. Care ,Assistant Secretary 9P PAST, u o�Moew� of 16r This Power of Attomey is made and executed pursuant to and -by 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 attorneys -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 attomey-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 attomey, 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 attomey 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 20 16 Y`+'V Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member. Pennsylvania Association of Notaries frditt) Teresa Pastella, Notary Public �PyD C 1906 iyb \-• LMS 0 LMS i2873 122013 By: Gregory W. Davenport, Assistant Secretary 116 of 150 >, as N m c .N .a > co O vy 0''W d C L Q M O� Sea o E a(0 u) 0 L o — o0 w co g tr.M c 00 u0 O 1 t•-'- • DWG: F: \2016\2501-3000\016-2549\40-Design\AutoCAD\Final Pions \Sheets\LDVP\C_PROF_62549.dwg DATE: Aug 24, 2016 3:17pm XREFS: C_XBASE_62549 FROM WASATCH USER: olheritier • • m D m 0 O m G 33 P cn zR° $iR ;- g! 00 2 A 0 -13 v, z .yrV'6'1 r) '.o /8 pT.,t_ _. ;on /7 Rechis71 P::. r, zoo• o' x SCALE: 1" = 200' xoe Sl Wfl AVM-jO 1HOILI n0c mm x0 DW Z > n A M£6i1 SL1 'LL '00S M£621 SLL 'B '00S 0 J N m Z N m 1 V N N A N W 0 SHION31 AVM -JO -IRON W N v G 003 G b 00 W 09 2 b yU 5 V 6 F G i E 2 N F 2 f F 2 F 2 E N F 2 5 F 2 E O 2 F N a i 2 E ri i ONi F ti E 0?i i O E E N F E E N E n tl W U N A a N W 2 F O z w i 09 N yN P F 2 0 i 2 E F V i 2 b E 2 N+ F N E 2 '2 O E 2 N E 2 g. i 2 09 ONi F 2 m i zu W2 4 E z N E Am E f F F oU1i 43 i E 2 U O U F yz E 2 4 E 4 E N F F Ri zm O E 2 E Si m 00 b Or In tr fa uN S319V1 3N11 7 f0 0 m J 0i N A N N vm�am-40100 n> 'o zc� 0>0W �mm� °xr-r,°DOm Z y2ZC1AOno OD0mi20Zma Oz mem°IAmZZDAy(�Vls -`V��?.. • �„OND��OD;D oo_�mmUOIO CpppApppC D-°I~O�nAymDlmA>DO rO�V)Z <00f1 0p 910 0 �Am��2Hp 2 QyQ pyp0NN;ZO �'' ZO °U VIDVZAyA pOAyyxm Qr/ryym ZV10.Z1 `A __ a DT;L-2TmCDDmO�°D NS =N0 OD�Dti�D2D a � A �H$1:141 � ry.���zm�mf�?>o a�o-in M ai m '2= Om Z= m O Z O O O 2 Z L ' 9 ° m (n IA JOC 0 0 : g AoQii ��v i�m=oo y P vaso ;idoi ND�NDFOD�1c1mA�n;OOOr m� m An 0 �DCA2�Op VOp yytm/1 a Q FA O 0, Z IAS�D�� z Zym rm•1N D _ZO r0 A D D U1�DD� O a 9D y m '' r.0, O rAlmnn� Or AFD rl 4 ni O C a< 2DOS2 mDA nr_ m i 01 O 9 31 ztn ZO r.t gym z DC Cm D m f3 c c o9911 of A r7.� z� czi ry. N 0 °N A ';,P<ig czi� '^ x r'l O mm y= p O2 v1 m 3 tis MD m egevWWW :lit55 aaa,t'a, ^'s575ra P'roZ tl ..a $ va$ Aaggsyi'' l 31131/10N38 3dId cn m — m 1 GRAND RIVER GATHERING, LLC TERRA RU 31-17 PIPELINE EROSION CONTROL AND RECLAMATION PLANS PIPELINE PLAN AND PROFILE REV. 00. A A A GARFIELD COUNTY, CO 2016 A A DATE REVISIONS DESCRIPTION REVISIONS O\OLSSON 760 Horizon Orive. Sudo 102 Grand Junction, C081506 ASSOCIATES TEL 970.263.7800 vww.olaaonneocialee.com • • DWG: F: \2016\2501-3000\016-2549\40—Design\AutoCAD\Final Pions \Sheets\LDVP\C_PRECON_62549.dwg USER: alheritier DATE: Aug 24, 2016 3:17pm XREFS: C_XBASE_62549 FROM WASATCH • 0 co 1J r m N 0 0 m m 7091.6 7868 P !0' 7• dr0 785 9.6 �� tv In X09 S11Wf1 AVM -d0 -1H0121 0 to c DA z D c C m0 3 z> zO H I2 A 93NMO AI93d02id M£62J SL1 'Ll 'aaS M£69 SLI 9 .oaS N 0 0 rn m 0 D SH10N31 AVM-A0-IH012i GRAND RIVER GATHERING, LLC TERRA RU 31-17 PIPELINE EROSION CONTROL AND RECLAMATION PLANS PRECONSTRUCTION STORMWATER SITE PLAN O m m .c./?/:////// 7,/1./70. /7 ti 00 ,a. of 1/+7 it 0 tii J GARFIELD COUNTY, CO 2016 REV. NO A n A A A n DATE REVISIONS DESCRIPTION REVISIONS woa7H .y �Rc 200' 0' 200 SCALE: 1" = 200' S.dW9laN3o31 O\LOLSSON® ASSOCIATES 760 Noon Drive, Suite 102 Grand Junction. CO 81506 TEL 970263.7800 www.olssonassociales.com in "0 • DWG: F:\2016\2501-3000\016-2549\40—Design\AutoCAD\Finol Plans \Sheets\LDVP\C_CON_62549.dwg USER: olheritier DATE: Aug 24, 2016 3:17pm XREFS: C_XBASE_62549 FROM WASATCH • • 0 cor m O O 0 m 1 0 r m m O PSI w 3c D rn z Dc c m O zD 0 DO Ac m 0° mm 7<A A O D m z 0 D =m 11 A 0 5 M£621 SLI M£621 SLI '8 'oaS ti N N m 0 in cn m A m 0 D SHIDN31 AVM-JO-1HOIN m a m S'9'C(/OYt SCCZ /07/ S,dW9/ON3031 NORM �i � n 200' 0' 200' SCALE: 1" = 200' D z truati d PY�g 4 6 GRAND RIVER GATHERING, LLC TERRA RU 31-17 PIPELINE EROSION CONTROL AND RECLAMATION PLANS CONSTRUCTION STORMWATER SITE PLANAA GARFIELD COUNTY, CO 2016 REV. NO. A A DATE REVISIONS DESCRIPTION REVISIONS O\LOLSSON® 160 H6,,wn Ddv., 960. 102 Or.02 Junction, CO 81506 ASSOCIATES TEL 970.263.7800 www.olasenassociates.com • • DWG: F: \2016\2501-3000\016-2549\40—Demgn\AutoCAD\Final Plons\Sheets\LDVP\C_RECL_62549.dwg USER: alheritier DATE: Aug 24, 2016 3:17pm XREFS: C_XBASE_62549 FROM WASATCH am m 0 r m m D 2 m no- O Q V m s,1.a,,r 7 wG'12a71 8 9NIO33S321 30d421f1S GRAND RIVER GATHERING, LLC TERRA RU 31-17 PIPELINE EROSION CONTROL AND RECLAMATION PLANS FINAL RECLAMATION STORMWATER SITE PLAN GARFIELD COUNTY, CO 2016 REV. NO. DATE REVISIONS DESCRIPTION REVISIONS S,d1A18/4N3031 200' SCALE: 1" = 200' O\LOLSSON® ASSOCIATES 760 Horizon DrNa. Suite 102 Grand Junction. C081506 TEL 970.163.7800 www.ohaonaesocialea.cam • • ilii FcrIVIKI; %WW1 pailfiC '* i 1111 CONFORMED 2 - COPY COPY Reception#: 881182 08/17/2016 11 ,05 • 18 AN Jean Alberico COUNTY CO 1 of 8 Ren Fee•$46 00 [Inc Fee 0.00 GARFIELD EASEMENT AGREEMENT This Easement Agreement (the "Agreement"), is dated August $ , 2016, by Beaver Creek Ranch, L.P. an Iowa Limited Partnership doing business in Colorado as Youberg Beaver Creek Ranch, L.P., ("Grantor", whether one or more), and Red Rock Gathering Company, LLC together with its successors and assigns, "Grantee"), whose address is 2100 McKinney Ave., Ste. 1250, Dallas, TX 75201. A. Grant of Easement. 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, Granter hereby grants, sells and conveys to Grantee, a permanent, nonexclusive, free and unobstructed easement (the "Easement"), together with a full right of ingress and egress thereto, over, across, under and through a ten foot (10') wide strip of property and a 50 foot by 50 foot valve site as depicted in Exhibit A, all located in Garfield County, more particularly described as: Township 7 South, Range 93 West, of the 6th P.M. Section 7: SE/4SE/4 Section 18: NE/4NE/4 As may be more fully described in Exhibit A attached hereto (the "Easement Property"). B. Purpose of Easement: The Easement shall be for the purposes of constructing, operating, maintaining, repairing, replacing, relocating, removing or abandoning in place, a pipeline or pipelines of any diameter for the transportation of water, oil, gas and other fluids or substances, or any of them, and the products thereof, together with above and below -ground appurtenances for the operation of the pipelines, and any other appurtenant facilities. The right to use this Easement shall belong to Grantee, and all those acting by or on behalf of it. C. Grant of Temporary Easement: Grantor hereby further grants to Grantee a temporary construction and maintenance easement (the "Temporary Easement"), together with full right of ingress and egress thereto, over property located approximately forty-five (45) feet in width adjoining the Easement Property, together with additional temporary areas as may be required at any road, creek, railroad crossings or areas of difficult topography ("Temporary Easement Areas"), to be used only for purposes of, and only during times of, construction, repair, maintenance • or removal operations for Grantee's improvements on the Easement Property . Itis further agreed: 1. Grantor acknowledges the consideration paid by Grantee in connection with this Agreement includes the market value of the Easement and Temporary Easement, and any and all damages to Grantor's remaining property. However, Grantee will pay Grantor (or, if leased, Grantor's tenant) for any damage caused to livestock and growing crops during the original construction of the pipeline. 2. Grantor reserves the right of ownership and use of the Easement Property and the Temporary Easement Areas insofar as said ownership, use and occupancy does not impair the rights granted to Grantee under this Agreement. Grantor shall be permitted, after review and approval by Grantee, to construct streets or roadways, water, sewer, or other utility lines which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities, across the Easement Property at no less than a forty five (45) degree angle to Grantee's pipelines, provided that all of Grantee's required and applicable spacing, including depth separation limits and other protective requirements are met by Grantor. Grantor agrees it shall not conduct any of the following activities on the Easement Property without the prior written permission of Grantee: (1) construct any temporary or permanent building or site improvements; (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. In the event the terms of this paragraph are violated, such violation shall immediately be eliminated by Grantor 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, and without any liability of Grantee to Grantor. Grantor shall promptly reimburse Grantee for any expense related thereto. 3. Nothing contained herein shall affect Grantor's interest in any the oil, gas, and other minerals in, on and under the Easement Property; provided , however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the Easement Property, but it will be permitted to extract the oil and other minerals from and under the Easement Property by directional drilling and other means, so long as such activities do not impair the rights granted to Grantee under this Agreement. 4. Grantee will, insofar as practicable, restore the ground disturbed by the Grantee's use of the Easement Property and the Temporary Easement Areas and will construct and maintain soil conservation devices on the Easement Property as may be reasonably required to prevent damage to the property of Grantor from soil erosion resulting from operations of Grantee hereunder. Upon completion of any construction by Grantee, any permanent fencing damaged by construction activities shall be repaired or reinstalled by Grantee, at its sole expense, along the same alignment and approximate location of the Grantor's existing fences. Grantee shall have the right to install, maintain and use gates in all fences crossing the Easement Property or which provide access to the Easement Property, and to install its own locks. Grantee and its designated contractors, employees and invitees agree to keep all gates in fences closed at all times they are not in use. 5. Grantee shall maintain its pipelines, facilities or structures on the Easement Property and shall maintain the surface of the Easement Property so that its condition does not interfere in any manner with the purposes of the Easement. Grantee is hereby granted the right to trim, cut down or eliminate trees and shrubbery to the extent, in the sole judgment of Grantee, as may be necessary to prevent possible interference with Grantee's use of the Easement. 6. Grantee hereby agrees to indemnify and hold Grantor harmless from and against any claim or liability or loss from personal injury or property damage resulting from or arising out of the use of the easement by Grantee, its servants, agents or invitees, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Granter, or its servants, agents or invitees. 7. Notwithstanding anything to the contrary contained in this Agreement, Grantee shall have the absolute right, without obtaining the consent of Grantor, to transfer, lease, assign, collaterally assign, sell, convey, grant co -easements, license, mortgage or otherwise encumber all or any portion of its rights and interests under this Agreement, at any time and from time to time, in whole or in part, to one or more persons or entities. Grantor represents and warrants that it owns the Easement Property and the Temporary Easement Area in fee simple, free of liens or encumbrances, except for ad valorem taxes and instruments of record, and has the unrestricted right and authority to execute this Agreement and to grant to Grantee the rights granted hereunder. Each person signing this Agreement on behalf of Grantor is authorized to do so. 8. This Agreement and the Easement shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, agreements, covenants, provisions and conditions of this Agreement, including all benefits and burdens, shall run with the land and Grantor hereby binds itself, its heirs, executors, personal representatives and administrators, and its successors and assigns, to warrant and forever defend this easement unto Grantee, its successors and assigns, against every person whomever lawfully claiming or to claim the same or any part thereof. • • • • 9. This Agreement constitutes the entire understanding among the parties hereto with respect to its subject matter, superseding all negotiations, prior discussions and prior agreements and understandings relating to such subject matter. This Agreement can be amended only by written agreement signed by the parties. 10. If any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties that the remainder of the Agreement shall not be affected. 11. Any failure of a party to insist, or any election by a party not to insist upon strict performance by the other party of any of the terms, provisions, or conditions of this Agreement shall not be deemed to be a waiver of such term, provision, or condition or of any other term, provision, or condition of this Agreement, and such party shall have the right at any time or times thereafter to insist upon strict performance of all the terms, provisions and conditions of this Agreement. 12. This Agreement may be executed in counterparts, each of which when so executed and delivered will be an original, but which together will constitute but one instrument. In Witness WHEREOF, Grantor has executed this Easement Agreement this 8" day of August 2016. GRANTOR: Beaver Creek Ranch, L.P. an Iowa Limited Partnership DBA in Colorado as Youberg Beaver Creek Ranch, L.P. David R. Youberg Address: 215 South 10th Street, Sac City, IA 50583 • STATE OF 13-4`• COUNTY OF S¢ c ACKNOWLEDGMENT ) ss VISThis instrument was acknowledged before me thisdayof ��_,►i y David R. Youberg, as Owner & Partner of Beaver Creek Ran LP, an Iowa Partnership doing business in Colorado, and was duly authorized in his or her respective capacity to execute this instrument for and in the name and behalf of said corporation or entity, and further stated and acknowledged that he or she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. • SEAL Witness my hand and official seal. • NICOLE L. PAGE Commission Number 765959 MY COMMISSION EXPI DECEMBER 20, 20 Name: Notary Public, State of: Poej, My Commission expires: I c) 3 ) rJ • EXHIBIT "A" LEGEND PUBLIC LAND SURVEY CORNER ® ANGLE POINT P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING LOT 8 Section 7 T7S R.93, ooe,- ' �4 sectl q. , LOT 9 YOUBERG RU 7 PAD NE1/4 SE1/4 Owner: YOUBERG BEAVER CREEK RANCH Parcel No: 2403-073-00-001 P.O.E. 50'x50' Valve Yard See Sheet 3 L18 Survey Centerline c J 0 0 4) section Temporary Workspace N1/4 Corner (typical) Section 18 1948 GLO Brass Cap 00e Survey Cen terlin LI E1/4 Corner Section 7 1948 GLO Brass Cap Existing Road Iron Mesa 12" Pipeline 7 Temporary Workspace //;,L16 (typical) I/ L15 Planned L144?, Access Road L13 Nti►'ti (1)0, 0, SE1/4 SE1/4 4 w L5— <6 •t,4 r 0 U Q) 0 2 Section Corner 1948 GLO Brass Cap See Detail Detail —not to scale— Section Corner '� 1948 GLO Brass Cop P.O.B NE1/4 NE1/4 Section 18 77S R93W 00N 0 0 a) c J 0 U a) U) 4.E1/4 Corner Section 18 1948 GLO Brass Cap 0 O- 0 O REV. DATE: DESCRIPTION SURVEYED BY: WASATCH SURVEYING ASSOCIATES 906 MAIN STREET, EVANSTON, WY 82930 (307) 789-4545 SSATCH SURVEYING CLIENT: TITLE: TERRA RU 31-17 12IN GAS PIPELINE ACROSS YOUBERG BEAVER CREEK RANCH PROPERTY 10' WIDE PERMANENT EASEMENT LOCATED IN SECTIONS 7 & 18, T7S, R93W, 6th P.M. GARFIELD COUNTY, COLORADO DRAWN BY: SGT DATE: 8/02/16 CHECKED BY: TTT SCALE: AS NOTED PROJECT NO.: 16-12-02 DWG. NO. 1of3 REV • • • EXHIBIT "A" 10' WIDE PERMANENT EASEMENT A strip of land located in the SE1/4 SE1/4 of Section 7 and NE1/4 NE1/4 of Section 18, T7S, R93W, 6th P.M., Garfield County, Colorado, said strip being 10.00 feet wide, 5.00 feet on each side of the following described centerline: Commencing at the Northeast corner of said Section 18 and running thence S00°18'25"E, 103.67 feet along the East line thereof to the POINT OF BEGINNING; thence N26°38'03"W, 36.31 feet; thence N48°59'38"W, 39.25 feet; thence N71 °0326"W, 35.96 feet; thence N82°09'35"W, 4.34 feet to a point on the South line of said Section 7, lying S68°21'41 "W, 90.00 feet from the Southeast corner thereof; thence continuing N82°09'35"W, 132.37 feet; thence N59°20'24"W, 49.69 feet; thence N36°31'12"W, 232.51 feet; thence N57°02'45"W, 32.74 feet; thence N66°29'11 "W, 44.28 feet; thence N75°43'55"W, 39.77 feet; thence N84°36'16"W, 90.41 feet; thence N70°13'49"W, 98.57 feet; thence N60°17'19"W, 51.81 feet; thence N41 °18'14"W, 55.84 feet; thence N22°37'44"W, 50.36 feet; thence N13°02'59"W, 116.18 feet; thence N07°51'53"W, 129.98 feet; thence N19°39'13"W, 87.06 feet to the POINT OF ENDING, said point lying on the existing Iron Mesa 12" Pipeline, said point also lying N49°58'17"W, 1122.90 feet from the Southeast corner of said Section 7. Said strip being 1327.43 feet, more or less, in length. The base bearing for this survey is assumed to be S00°18'25"E, 2622.55 feet between found monuments at the Northeast corner and the East One -Quarter Corner of Section 18, T7S, R93W, 6th P.M. RIGHT-OF-WAY LENGTHS PROPERTY OWNER YOUBERG BEAVER CREEK RANCH SECTION Sec. 7, T7S R93W Sec. 18, T7S R93W FEET 1211.57 115.86 Total TOTAL 1211.57 115.86 1327.43 LINE TABLE LINE DIRECTION LENGTH L1 N26 38'03"W 36.31 L2 N48'59'38"W 39.25 L3 N 71 '03'26 "W 35.96 L4 N82'09'35"W 4.34 L5 N82'09'35"W 132.37 L6 N59 20'24"W 49.69 L7 N3631'12"W 232.51 L8 N57'02'45 "W 32.74 L9 N66 29'11 "W 44.28 L10 N75"43'55"W 39.77 L11 N8436'16"W 90.41 L12 N70'13'49"W 98.57 L13 N60'17'19"W 51.81 L14 N41'18'14"W 55.84 L15 N22'37'44"W 50.36 L16 N13'02'59"W 116.18 L17 NOT51'53"W 129.98 L18 N1939'13"W 87.06 CERTIFICATE OF SURVEYOR 1, Ted Taggart of Fruita, Colorado hereby certify that this map was made from notes taken during an actual survey made by me or under my direction for Red Rock Gathering Company, LLC and that the results of which are correctly shown hereon. RIGHT-OF-WAY LIMITS BOX FROM P.O.B. TO P.O.E. Referenc Permanent Right -of -Way Left e Points Temporary Work Space Left 15' 5' Permanent Right -of -Way Right 5' Temporary Work Space Right 50' Total 75' CLIENT: REV. DATE: DESCRIPTION SURVEYED BY: WASATCH SURVEYING ASSOCIATES 906 MAIN STREET, EVANSTON, WY 82930 (307) 789-4545 ATCH SURVEYING TITLE: TERRA RU 31-17 12IN GAS PIPELINE ACROSS YOUBERG BEAVER CREEK RANCH PROPERTY 10' WIDE PERMANENT EASEMENT LOCATED IN SECTIONS 7 & 18, T7S, R93W, 6th P.M. GARFIELD COUNTY, COLORADO DRAWN BY: SGT DATE: 8/02/16 CHECKED BY: TTT SCALE: AS NOTED PROJECT NO.: 16-12-02 DWG. NO. 2of3 REV 0 • EXHIBIT "A" Owner: YOUBERG BEAVER CREEK RANCH Parcel No: 2403-073-00-001 SE1/4 SE1/4 Section 7 T7S R93IY 0 o_ 5 Proposed 10' Wide R/W Temporary Workspace (typica ) LEGEND 0 PUBLIC LAND SURVEY CORNER ® ANGLE POINT P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING LEGAL DESCRIPTION /A Section Line d- oi 4 T E1/4 Corner Section 7 1948 GLO Brass Cap N00'50'25"E, 2619.27' S.E. Corner Section 7 1948 GLO Brass Cap A tract of land located in the SE1/4 SE1/4 of Section 7, T7S, R93W, 6th P.M., Garfield County, Colorado, more particularly described as follows: Commencing at the Southeast corner of said Section 7 and running thence N0°50'25"E, 659.14 feet along the East line thereof; thence N89°09'35"W, 846.16 feet to the POINT OF BEGINNING; thence S70°2047"W, 50.00 feet; thence N19°39'13"W, 50.00 feet; thence N70°20'47"E, 50.00 feet; thence S19°39'13"E, 50.00 feet to the POINT OF BEGINNING. Said tract containing 0.057 acres, more or Tess. The base bearing for this survey is assumed to be N0'50'25"E, 2619.27 feet between found monuments at the Southeast corner and the East One -Quarter Corner of Section 7, T7S, R93W, 6th P.M. CLIENT: REV. DATE: DESCRIPTION SURVEYED BY: WASATCH SURVEYING ASSOCIATES 906 MAIN STREET, EVANSTON, WY 82930 (307) 789-4545 �ASATCH SURVEYING TITLE: TERRA RU 31-17 12IN GAS PIPELINE ACROSS YOUBERG BEAVER CREEK RANCH PROPERTY 50' x 50' BLOCK VALVE SITE LOCATED IN SECTION 7, T7S, R93W, 6th P.M. GARFIELD COUNTY, COLORADO DRAWN BY: SGT DATE: 8/02/16 CHECKED BY: TTT SCALE: AS NOTED PROJECT NO.: 16-12-02 DWG. NO. 3of3 REV 0 • • • WPX Energy Flatiron Section 17 RU 31-17 and RU 23-17 Well Pads, Associated Access Roads and Pipeline Alignments, and a Habitat Treatment Area Biological Survey Report Cover photograph: Looking southeast toward the proposed RU 23-17. Prepared for: WPX Energy Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 June 2016 • • INTRODUCTION WPX Energy Rocky Mountain LLC (WPX) requested WestWater Engineering (WestWater) to conduct biological surveys for two proposed well pads (RU 23-17 and RU 31-17), approximately 1.7 miles of associated access roads and pipelines, and a habitat treatment area. The proposed project would occur in Garfield County, Colorado in Sections 7, 17, and 18 of Township 7 South, Range 93 West (Figure 1) on both privately owned lands as well as lands administered by the Bureau of Land Management (BLM) Colorado River Valley Field Office (CRVFO). Prior to conducting field surveys, the BLM CRVFO was contacted regarding BLM recommendations for surveys to be completed for this project area. In response to the request, the BLM required surveys for noxious and invasive weed infestations, Harrington's beardtongue, raptor nests, and a description of habitat for Birds of Conservation Concern (BCC). Surveys were conducted by WestWater biologists from May 18-23, 2016. PROJECT AREA DESCRIPTION General Habitat Description and Vegetation The proposed project would be located on the slopes above Flatiron Mesa south of Rulison, Colorado at elevations ranging from approximately 7,800 feet to 8,400 feet. The terrain within the project area ranges from gently sloping, generally north to northeast facing hillsides to steep mountain slopes that drain into Beaver Creek to the west and Ramsey Gulch to the east. The project would be located on 3 soil types as described in Table 1 (NRCS 2016). Table 1. Soil types occurring in the project area. � � 16 1 ap Unit Name Description Cimarron loam, 2 to 12 percent slopes Occurs on drainageways and valleys. These soils formed from alluvium derived from basalt. 17 Cochetopa loam, 9 to 50 percent slopes Occurs on mountain slopes. These soils are colluvium derived from volcanic and sedimentary rock. 45 Morval-Tridell complex, 6 to 25 percent slopes Occurs on moderately sloping alluvial fans and sides of mesas. These soils formed in re -worked alluvium derived from basalt and sandstone. The dominant native vegetation in the project area consists of big sagebrush (Artemisia tridentata), Gambel oak (Quercus gambelii), serviceberry (Amalanchier alnifolia), Rocky Mountain maple (Acer glabrum), and quaking aspen (Populus tremuloides). Gambel oak stands and mountain shrub communities dominate the lower elevation areas, which give way to aspen stands at the higher elevations. Several habitat treatment areas occur throughout the survey area, where the mountain shrub vegetation has been cleared. Much of the region north of the project area has been developed for installation of natural gas well pads, pipelines, roads, and other associated oil & gas developments. A list of common plant species found in the project area is included in Table 2. WestWater Engineering Page 1 of 15 June 2016 • • Table 2. Common plant species found within the project area. Common Name Scientific Name Common Name Scientific Name Alpine leafybract aster Symphyotrichum foliaceum Northern bedstraw Galium boreale Arrowleaf balsamroot Balsamorhiza sagittata Oregon grape Mahonia repens Big sagebrush Artemisia tridentata Plantainleaf buttercup Ranunculus alismifolius Bluebells Mertensia brevistyla Porter's licorice -root Ligusticum porteri Bluegrass Poa sp. Pygmyflower rockjasmine Androsace septentrionalis Brittle pricklypear Opuntia fragilis Quaking aspen Populus tremuloides Bulbous woodland- star Lithophragma glabrum Richardson's geranium Geranium richardsonii Canadian white violet Viola canadensis Rocky Mountain iris Iris missouriensis Chokecherry Prunus virginiana Rocky Mountain maple Acer glabrum Claspleaf twistedstalk Streptopus amplexifolius Roughfruit fairybells Prosartes trachycarpa Common cowparsnip Heracleum maximum Roundleaf snowberry Symphoricarpos rotundifolius Common dandelion Taraxacum offcinale Sagebrush violet Viola vallicola Common plantain Plantago major Saskatoon serviceberry Amelanchier alnifolia Common yarrow Achillea millefolium Scarlet gilia Ipomopsis aggregata Curlycup gumweed Grindelia squarrosa Scrambled eggs Corydalis aurea Drummond's rockcress Arabis drummondii Sharpleaf valerian Valeriana acutiloba Eastwood's sandwort Eremogone eastwoodiae Silvery lupine Lupinus argenteus Fendler's meadow- rue Thalictrum fendleri Small -leaf pussytoes Antennaria parvifolia Fendler's pennycress Noccaea fendleri Stinging nettle Urtica dioica Gambel oak Quercus gambelii Sweetcicily Osmorhiza berteroi Hookedspur violet Viola adunca Tall blacktip ragwort Senecio atratus Ives' fournerved daisy Tetraneuris ivesiana Twolobe larkspur Delphinium nuttallianum Lobeleaf groundsel Packera multilobata Western wheatgrass Pascopyrum smithii Longflower rabbitbrush Chrysothamnus depressus White sagebrush Artemisia ludoviciana Maiden blue eyed Mary Collinsia parviflora Wild mint Mentha arvensis Manyflower stickseed Hackelia floribunda Woods' rose Rosa woodsii Meadow deathcamas Zigadenus venenosus Yellow rabbitbrush Chrysothamnus viscidiflorus Nineleaf biscuitroot Lomatium triternatum Yellow salsify Tragopogon dubius WestWater Engineering Page 2 of 15 June 2016 • BIOLOGICAL SURVEY METHODS, RESULTS, AND RECOMMENDATIONS • • Special Status Species of Plants (SSS) & Noxious Weeds Survey Methods All survey tracks and field data were recorded using handheld Global Positioning System (GPS) receivers and locations were recorded as Universal Transverse Mercator (UTM) coordinates (Datum: NAD 83, Zone: 13). Photographs were taken of the habitat, terrain, and biological features found during the survey. Surveys were conducted according to BLM — CRVFO plant inventory standards for noxious weeds and SSS plants (BLM 2013) within 30 meters of the proposed project features. Vegetation types were determined through field identification of plants, aerial photography, and on -the - ground assessment of plant abundance visible during the survey. Identification of plant species was aided by using pertinent published field guides (Kershaw et al. 1998, Whitson et al. 2006, CWMA 2009, Weber and Wittman 2012) and descriptions of habitat provided by the CNHP (Spackman et al. 1997). Observations SSS Plants Harrington's beardtongue is known to occur in the Flatiron Mesa area (Table 3). The habitat description is based on WestWater's knowledge of the area, documented occurrences by the Colorado Natural Heritage Program (CNHP) (Spackman et. al. 1997) and CRVFO plant protocol (BLM 2013). Table 3. BLM sensitive plants with the potential to occur within the project area. �i �.� T ,,`;', Habitat T �e Recorded Locations Harrington's beardtongue Penstemon harringtonii Open sagebrush or, less commonly, P/J habitats. Soils are rocky loams and rocky clay loams. Elev. 6800-9200ft. Occurs in Garfield county. S *S = BLM Sensitive Species Habitat for Harrington's beardtongue in the project area is limited to scattered patches of open sagebrush shrublands along the proposed access road to the RU 31-17, although none were observed during the surveys. Vegetation communities throughout the majority of the project area consisted of dense mountain shrub, Gambel oak, or aspen stands, and is therefore not suitable habitat for SSS plants. The closest Harrington's beardtongue location known to WestWater is approximately 345 meters north (and downslope) from the access road to the RU 31-17. Noxious Weeds — Four Colorado State listed noxious weed species were observed within the project area. Houndstongue was scattered almost continuously throughout the entire survey area, while plumeless thistle and common mullein were observed in lower densities (Figure 2). Canada thistle was found in one isolated location near the proposed RU 31-17 pad. Noxious weeds observed in the project area are described in Table 4 and are shown on Figure 2. Table 4. Noxious weed observations. Common Name USDA Plant Code Scientific Name State Listing Status Recorded Locations Canada thistle CIAR Cirsium arvense State B List Found in one isolated location near the proposed RU 31-17 pad. WestWater Engineering Page 3 of 15 June 2016 • • • Table 4. Noxious weed observations. Common Name USDA Plant Code Scientific Name State Listing Status Recorded Locations Common mullein VETH Verbascum thapsus State C List Scattered in three locations throughout project area in low densities. Found on the access road, and near both the RU 31-17 and RU 23-17 pads. Houndstongue CYOF Cynoglossum officinale State B List Scattered almost continuously throughout the entire survey area. Plumeless thistle CAAC Carduus acanthoides State B List Found in scattered patches along the access roads to both the RU 31-17 and RU 23-17 pads. Recommendations Soil disturbance associated with construction in the project area may promote conditions that facilitate the spread of noxious weeds. The application of an appropriate weed management plan for the project site is recommended to: 1) prevent the invasion and expanded range of noxious weeds and 2) promote the establishment of desirable plant life upon rehabilitation of unused portions of the project area (State of Colorado 2005). WestWater recommends that WPX coordinate with the BLM and the private land owners to develop site-specific seed mixes appropriate for this project. Raptors Survey Methods Raptor surveys were designed to find both occupied and unoccupied nest sites (BLM 2010) occurring within the survey area. The surveys focused on mature Gambel oak and aspen stands. Data locations were recorded using handheld Global Positioning System (GPS) units (Datum: NAD83, Zone 13) and photographs were taken of the habitat, terrain, and biological features found during the survey. Aerial photographs were consulted to determine likely raptor nesting habitat within a 0.25 -mile radius of the proposed pads and a 0.125 -mile radius of the proposed pipelines and access roads. WestWater biologists conducted pedestrian surveys per BLM protocols (BLM 2010). Likely nesting habitat was surveyed at approximately 50 meter intervals while visually inspecting trees for nests. Biologists selected routes that would ensure adequate coverage of all suitable raptor nest trees and would provide a clear view of all potential cliff nest sites. Nest searches and bird identification were aided with the use of binoculars. Call playback methodology was employed in woodland raptor nesting habitats (Kennedy and Stahlecker 1993; Reynolds et. al. 1992) using electronic digital game calls. Observations The raptor nesting season in the project area is generally considered to occur between mid-February and mid-August. WestWater conducted raptor surveys on May 18-23, 2016. In WestWater's experience, owls and eagles are the first raptors to begin the annual nesting cycle, followed by the falcons and hawks. By mid-August, most young birds have fledged and left the nest. Several raptor species are expected to nest, reside, forage, or pass through the general project area (Table 5). Four of these species are included on the Federal Birds of Conservation Concern list for Bird Conservation Region 16 — Southern Rockies/Colorado Plateau (USFWS 2008a). WestWater Engineering Page 4 of 15 June 2016 • • Table 5. Raptor species that may be present in the nroiect area. Common Name ;. Scientific Name BCC Habitat Preferences American Kestrel Falco sparverius N Coniferous and deciduous forests and open terrain with suitable perches. Nests in cavities in trees, cliffs and buildings. Cooper's Hawk Accipiter cooperii N Cottonwood riparian to spruce -fir forests, including pinyon - juniper woodlands. Nests most frequently in pines and aspen. Golden Eagle Aquila chrysaetos Y Grasslands, shrublands, agricultural areas, pinyon juniper woodlands, and ponderosa forests. Prefers nest sites on cliffs and sometimes in trees in rugged areas. Great Horned Owl Bubo virginianus N Occupies diverse habitats including riparian, deciduous and coniferous forests with adjacent open terrain for hunting. Flammulated Owl Otus flameolus Y Dry, montane evergreen forests with available nesting cavities. Elevations 6,000 to 10,000 ft. Long-eared Owl Asio otus N Occupies mixed shrublands. Nests and roost in sites in dense cottonwoods, willows, scrub oak, junipers and dense forest of mixed conifers and aspens. Northern Harrier Circus cyaneus N Grassland, shrubland, agricultural areas, and marshes. Nests in areas with abundant cover (e.g., tall reeds, cattails, grasses) in grasslands and marshes. Also known to nest in high - elevation sagebrush. Northern Pygmy Owl Glaucidium gnoma N Nests in tree cavities in open coniferous woodlands in a broad elevation range. Requires open areas for hunting and does not occupy large expanses of continuous woodlands. Northern Saw- whet Owl Aegolius acadicus N Nests in tree cavities in all types of forests, including pinyon - juniper woodlands. May also utilize man-made nest boxes. Peregrine Falcon Falco peregrines Y Nests on ledges of high cliffs primarily near pinyon juniper woodlands and ponderosa pine forests, at elevations ranging from 4,500 to over 9,000 feet. Prairie Falcon Falco mexicanus I, Grasslands, shrublands, and alpine tundra. Nests on cliffs or bluffs in open areas. Red-tailed Hawk Buteo jamaicensis N Diverse habitats including grasslands, pinyon juniper woodlands and deciduous, coniferous and riparian forests. Nests in mature trees (especially cottonwood, aspen, and pines) and on cliffs and utility poles. Sharp -shinned Hawk Accipiter striatus N High density young, or even -aged, stands of coniferous forest and deciduous forests of aspen or oak brush with small stands of conifers. Swainson's Hawk Buteo swainsoni N Arid grassland, desert, and agricultural areas with scattered trees and shrubs. Two occupied Cooper's Hawk nests, four occupied Long-eared Owl nests, one unoccupied Cooper's Hawk nest, and one unoccupied Red-tailed Hawk nest were documented during surveys (Table 6; Figure 3; Appendix A). Of these, one occupied Long-eared Owl nest (LEOW-4) is within the proposed disturbance area for the RU 31-17, and an occupied Cooper's Hawk nest (COHA-3) was found approximately 28 meters from the edge of the proposed RU 31-17. WestWater Engineering Page 5 of 15 June 2016 • • • Raptor nesting habitat in the project area consists primarily of mature Gambel oak and aspen stands. Approximately 415 acres of raptor nesting habitat was surveyed (Figure 3). Approximately 3.2 acres of suitable raptor nesting habitat at the outside edge of the 0.125 mile buffer were not surveyed due to a minor road reroute that was made after surveys were completed (Figure 3). Several other nests had been recorded as occupied during previous surveys in the area, but were unoccupied during the 2016 surveys. These nests were likely built by American Crows and are therefore not displayed on Figure 3. One previously recorded nest (UNKN-1) was found to have fallen from the nest tree and has been classified as "destroyed" (Figure 3). Table 6. Raptor nests locations (Zone 13). Label UTM Eastin UTM Northing Comments COHA-1 259543.9 4369476 Unoccupied Unoccupied COHA nest in a dead aspen. Nest likely hasn't been occupied since the tree died COHA-2 259100.3 4370791 Occupied Occupied COHA. Flushed an adult from the nest. COHA-3 259448 4370307 Occupied COHA occupied nest in oak. Defensive adult present. LEOW-1 258995.2 4370888 Occupied Occupied LEOW nest. Observed adult flush from nest LEOW-2 259382.9 4370705 Occupied Occupied LEOW nest. One adult observed sitting on the nest. LEOW-3 259605.1 4370661 Occupied Occupied LEOW nest. Flushed one adult and observed second adult sitting on nest. LEOW-4 259448.8 4370335 Occupied Occupied LEOW nest. One adult observed sitting on the nest. RTHA-1 259103.3 4369494 Unoccupied Stable unoccupied RTHA nest in aspen. UNKN-1 259335.3 4370695 Destroyed Nest fell out of nest tree. Recommendations One occupied nest is located within the disturbance area for the proposed RU 31-17; this nest would be directly affected by construction. Indirect effects to other occupied nests within the survey area may include disruption of brood rearing activities by significant human presence and operation of construction equipment. WestWater recommends that project construction is delayed until after the chicks at all occupied nests depicted on Figure 3 have fledged and left the nest. If project construction is delayed to the following nesting season, WestWater recommends resurveying the project area during the active nesting period by qualified biologists. Threatened, Endangered, and Candidate species, Birds of Conservation Concern, Migratory Birds, and BLM Sensitive Wildlife Species Special status wildlife species include USFWS threatened, endangered, and candidate species, BLM Sensitive Species (BLM 2009) and Birds of Conservation Concern (USFWS 2008a). Prior to conducting the survey, WestWater biologists conducted literature reviews to determine the species that might occur in the project area and to help evaluate potential effects from the project. Habitat suitability for these species was based on survey observations, habitat preferences, and nesting records as described in the Colorado Breeding Bird Atlas (Kingery 1998, and references therein), Colorado Birds (Andrews and Righter 1992), Birds of North America (Online) (Poole 2016), Mammals of Colorado (Fitzgerald et al. 2011), and Amphibians and Reptiles in Colorado (Hammerson 1999). WestWater Engineering Page 6 of 15 June 2016 • Special status wildlife species surveys and habitat assessments were conducted in conjunction with raptor surveys. Species that may occur in the project area are summarized in Table 7. Table 7. Special status wildlife species that may occur in the project area. Common Mame / Scientiljc Name Status* Habitat Description Potential to Occur MAMMALS Townsend's Big -eared bat Corynorhinus townsendii pallescens BLMS Caves or crevices in rock faces near semi -desert shrublands, pinyon juniper woodlands, and open montane forests below 9,500 ft. May forage and roost within the project area. BIRDS Brewer's Sparrow Spizella breweri BCC BLMS Inhabits sagebrush dominated shrublands. Likely to occur in project area. Cassin's Finch Carpodacus cassinii BCC Nests in conifer forests and occasionally pinyon juniper woodlands. Likely to occur in project area. Lewis' Woodpecker Melanerpes lewis BCC Prefers open forests, including riparian areas, primarily nesting in cottonwoods. May occur in project area. FISH Bonytail Gila elegans E Designated "Critical Habitat" exists downstream below Black Rocks. Occurs downstream in the Colorado River. Colorado pikeminnow Ptychocheilus Lucius E Designated "Critical Habitat extends from the Utah border to Rifle, CO. Occurs downstream in the Colorado River. Humpback chub Gila cypha E Designated "Critical Habitat" exists downstream below Black Rocks. Occurs downstream in the Colorado River. Razorback sucker Xyrauchen texanus E Designated "Critical Habitat extends from the Utah border to Rifle, CO. Occurs downstream in the Colorado River. Bluehead (Colorado) sucker Catostomus discobolus BLMS Colorado River and tributaries of nearly all sizes. Occurs downstream in the Colorado River. Flannelmouth sucker Catostomas latipinnis BLMS Colorado River and major tributaries. Occurs downstream in the Colorado River. Roundtail chub Gila robusta BLMS Colorado River and major tributaries. Occurs downstream in the Colorado River. AMPHIBIANS Northern leopard frog Rana pipiens BLMS Perennial waters including streams, ponds, and wet meadows up to 10,500 -feet. Potential to occur downstream in Beaver Creek, but not likely in the project area due to lack of perennial waters. WestWater Engineering Page 7 of 15 June 2016 Table 7. Special status wildlife species that may occur in the project area. Common Name Seientific Name Statu Habitat Description Potential to Occur REPTILES Midget faded rattlesnake Crotalus viridis concolor BLMS Pinyon juniper woodlands, sagebrush steppe, rocky canyons and outcrops May occur in the project area. *BLMS= BLM Sensitive Species, BCC= Bird of Conservation Concern Mammals — Townsend's Big -eared bat may roost and forage in the oakbrush and sagebrush shrublands, present surrounding the project area (Fitzgerald et al. 2011). It is unlikely that they would breed within the project boundaries due to lack of suitable habitat (i.e., mines, caves, rocky outcrops). No potential roosts would be directly affected. No bats were observed, but no bat specific surveys were conducted. Birds — The sagebrush -mountain shrublands, oakbrush within the project area provide nesting and foraging habitats for migratory and resident bird species at various times of the year. Brewer's Sparrow, Cassin's Finch, and Lewis's Woodpecker may forage and nest in suitable habitat surrounding the project area, although none were observed. Fish — There are no perennial streams within the project area to support special status fish species. However, the Colorado River is located downstream of the project area which provides suitable habitat for several sensitive and T&E fish species. Water depletions, if any occur, and stormwater run-off may affect special status fish species downstream. Amphibians — Northern leopard frogs likely occur downstream from the project area in perennial waters. Several wet meadows and drainages were observed along the proposed access road for the RU 31-17, although it is likely that these waters are intermittent and unable to support amphibians throughout the year. Reptiles — The midget faded rattlesnake is listed by the BLM CRVFO as a sensitive species, and is known to occur in western Colorado (Hammerson 1999). Midget faded rattlesnakes may den communally or individually in a variety of habitat features that offer insulation and security, including deep crevices in rocky outcroppings and rodent dens. This species was not observed during surveys and suitable denning habitat is not present within the proposed project disturbance areas. Recommendations Mammals: It is unlikely that project development would impact populations of BLM sensitive species of bats due to the availability of foraging and roosting habitat in the surrounding area. Birds: To reduce potential impacts on nesting birds, vegetation should be cleared outside of the nesting season. In WestWater's experience, nesting season for most migratory birds in this area generally occurs between May 1 and July 31, with a peak period of incubation and brood rearing occurring from May 15 to July 15. After mid-to-late July, most fledging has occurred and brush/tree clearing impacts would be minimized. The BLM-CRVFO wildlife biologist may recommend alternate dates for vegetation clearing. Fish: Water depletions, if any occur, and stormwater run-off may affect special status aquatic species downstream. Appropriate mitigation for depletions includes measures outlined in the Programmatic Biological Opinion issued by the USFWS for minor water depletions related to the BLM's fluid minerals program (USFWS 2008b). Stormwater management plans and spill prevention and counter control measures should be implemented as appropriate for projects of this nature. Amphibians: In order to protect suitable breeding habitats (i.e. temporary water sources) it is recommended that appropriate stormwater BMPs be installed to protect sediment from reaching intermittent and ephemeral drainages present in the project area. WestWater Engineering Page 8 of 15 June 2016 • Reptiles: Construction personnel should be educated on snake identification and conflict avoidance in an effort to prevent injury to personnel and mortality to snakes that may be encountered during construction of the project. Due to the nature and extent of existing disturbances in the project area no adverse impacts to other species are expected. Wetlands and Waters of the U.S. Waters of the U.S. (WoUS) include wetlands and drainages under the jurisdiction of the U.S. Army Corps of Engineers (COE). Perennial, intermittent, and ephemeral streams and drainages, as indicated on U.S. Geological Survey mapping, are considered WoUS if they exhibit evidence of flow (i.e. ordinary high water mark (OHWM)) and are hydrologically connected to a perennial stream. In addition to hydrology, a jurisdictional wetland will also demonstrate the unique soil and vegetation characteristics that result from inundation or saturation. WestWater biologists surveyed the area for aquatic resources including wetlands and WoUS crossings that would fall under the jurisdiction of the COE in conjunction with other surveys that were conducted for this report. Approximate width and depth of the OHWM was recorded for each channel crossing encountered. Wetland evaluations, based on evidence of saturation and vegetation species present, were conducted within project features. Data locations were recorded using handheld Global Positioning System (GPS) units (Datum: NAD83, Zone 13). Wetland delineations have not been conducted for this project at this time. Observations Two potential WOUS drainages may be affected by the project (Figure 4; Table 8). WOUS crossings 1 and 2 are located along the access road to the proposed RU 31-17. Six potentially jurisdictional wetlands were also documented along the access road to the proposed RU 31-17, some of which were wet meadows not associated with a defined channel (Figure 4; Table 8; Appendix A). One spring was recorded south and upslope from the disturbance area for the proposed RU 23-17, and is also displayed on Figure 4. Table 8. Potentially jurisdictional Waters of the U.S. WestWater Engineering Page 9 of 15 June 2016 Easti g Nortlhing Comments WOUS-1 258291 4370889 Wet. OHWM is 3 feet wide x 10 inches deep. Water flowing. WOUS-2 258931 4370697 Drainage - wet, but no OHWM or wetland veg present, possible snow melt. Spring -1 258981 4369528 Spring, flowing in a defined channel. Wet -1 258650 4370742 Wet meadow, potential wetland with juncus, carex, and standing water. Wet -2 258744 4370725 Wet meadow, potential wetland with carex and standing water. Wet -3 258909 4370662 Potential wetland with carex, j uncus, and standing water. Approximately 20m x 20m, and associated with the WOUS drainage crossing downstream. Wet -4 258970 4370666 Wet meadow, potential wetland with juncus, carex, and standing water. Approximately 50m x 50m. Wet -5 259299 4370483 Potential wetland. Water present, wetland veg present. Wet -6 259433 4370459 Potential wetland with carex, juncus, and standing/flowing water. Approximately 30m x 25m meters upstream on the pad, and tapers to a fringe wetland on a defined channel as you move downstream. WestWater Engineering Page 9 of 15 June 2016 • Recommendations If any construction occurs within a wetland or any channel demonstrating an ordinary high water mark, wetland delineations and consultation with the ACOE would be appropriate to determine jurisdictional status and permitting requirements. Only the ACOE can confirm jurisdictional wetland areas and boundary lines based on a complete wetland delineation and submittal of a request for Jurisdictional Determination to the ACOE by the project proponent. REFERENCES Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History, Colorado. BLM. 2009. BLM Colorado State Director's Sensitive Species List. November 20, 2009 Update. BLM. 2010. BLM Colorado River Valley Field Office, raptor survey and report protocols. U.S. Bureau of Land Management, Colorado River Valley Field Office. Silt, CO. BLM. 2013. BLM Colorado River Valley Field Office (CRVFO) Standards for Contractor Inventories for Special Status Plants, Significant Plant Communities, and Noxious Weeds. U.S. Bureau of Land Management, Colorado River Valley Field Office. Silt, CO. CWMA. 2009. A. Doran, S. Anthony, and. C. Shelton. Noxious Weeds of Colorado, Tenth Edition. Colorado Weed Management Association, Centennial. Fitzgerald, J.P., C.A. Meaney and D.M. Armstrong. 2011. Mammals of Colorado, Denver Museum of Natural History and University Press, Denver, CO. Hammerson, Geoffrey A. 1999. Amphibians and Reptiles in Colorado. University Press of Colorado and Colorado Division of Wildlife. University Press of Colorado, Niwot, CO. Kennedy, P. L., and D. W. Stahlecker. 1993. Responsiveness of nesting northern goshawks to taped broadcasts of 3 conspecific calls. Journal of Wildlife Management, 57:249-257. Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. Kingery, H. E. (editor). 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership and Colorado Division of Wildlife, Denver. NRCS. 2016. Natural Resources Conservation Service Web Soil Survey. Available online: http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm Poole, A. (editor). 2016. The Birds of North America Online: http://bna.birds.cornell.edu/BNA/. Cornell Laboratory of Ornithology, Ithaca, New York. Reynolds, R. T., R. T. Graham, M. H. Reiser, R. L. Bassett, P. L. Kennedy, D. A. Boyce Jr., G. Goodwin, R. Smith and E. L Fisher.1992. Management recommendations for the northern goshawk in the southwestern United States. General Technical Report RM -GTR -217, U.S. Department of Agriculture, U.S. Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort Collins, Colorado. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Valley Audubon Society, Grand Junction, Colorado. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the U.S. Bureau of Land Management, the U.S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. WestWater Engineering Page 10 of 15 June 2016 • • State of Colorado. 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. USFWS. 2008a. Birds of Conservation Concern 2008. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Arlington, Virginia. USFWS. 2008b. Programmatic Biological Opinion (PBO) (ES/GJ-6-CO-08-F0006) Re: BLM Colorado River Fluid Minerals Program Water Depletions. USFWS, Ecological Services. Grand Junction, Colorado. Weber, W. A. and R.C. Wittmann. 2012. Colorado Flora — Western Slope; a field guide to the vascular plants. 4th Ed. University Press of Colorado. Boulder. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee, and Robert Parker. 2006. Weeds of the West, Ninth Edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming. Laramie. WestWater Engineering Page 11 of 15 June 2016 • Legend Q90 Meter SSS Plants Survey area Q Raptor Survey Area Access Road Q Pad DietuNera - Proposed treatment Area Roa0 Ornturbance ,......_; Pipeline ROW - County Road -+�^- Streams Figure 1 WPX Energy Flatiron Section 17 RU 31-17, RU 23-17 Pads Biological Survey Location West&ater Engineering 747 Consulting Fn9Nun a Sawmsn • • IP,o;ect Lrsa,�o f� Legend • Canada Mee Common mullein • ',timeless thistle !. rwdndstongue Q 30 Meter SSS Plants Survey area .Access Road Q Pad DlsDxuance - Proposed Treatment Area Road Disturbance I Plpegx ROW ----- County Road k— Steams BLM • Figure 2 WPX Energy Flatiron Section 17 RU 31-17, RU 23-17 Pads Biological Survey SSS Plants and Noxious Weeds WestWaterr Engineering trginagns...nttsts June 2016 • • • Seed Mix Recommendation RRG would like to utilize the following seed mix for reclamation (pending landowner approval). 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 ProjeCA Locale, Legend * Oocuped Raptor Nest • lhnccupted Raptor Nest • Neel Destroyed Le?, Raptor Observation. Raptor Cao Stations C3 Raptor Stab Rabaet Raptor Surrey Area Era Rapist Butter Not Surveyed -T� Access Road Pad ONouttence - Proposed Treatment Area Road Disturbance .... Plpedne ROW • Figure 3 WPX Energy Flatiron Section 17 RU 31-17, RU 23-17 Pads Biological Survey Raptors TOVJestWater Engineering <onwamg Engine.! Soar.. June2018 • Legend ♦ Senna Potential Waters of the US .Y Potential Wetlands ® Potential Wetland Q 90 Meter SSS Plante Survey eras nnern^ Access Road Pad Disturbance - Proposed Treatment Area Q Road Disturbance ,____ Pipeline ROW - county Road Stream. Bt5 Figure 4 WPX Energy Flatiron Section 17 RU 31-17, RU 23-17 Pads Biological Survey Potential Waters of the US WestWater Engineering dotAdung rng.e Yauanmt•oo 0 100 June 2016 • • • APPENDIX A - PHOTOS OF RAPTOR NESTS AND WATERS OF THE U.S. Photo Al. CORA-I Unoccupied nest. Photo A2. COHA-2 Occupied nest. Photo A3. COHA-3 Occupied nest. Photo A4. LEOW-I Occupied nest. WestWater Engineering Photo A5. LEOW-2 Occupied nest. Appendix A Photo A6. LEOW-3 Occupied nest. June 2016 • • • APPENDIX A - PHOTOS OF RAPTOR NESTS AND WATERS OF THE U.S. Photo A7 I-EOW-4 Occupied nest. Photo 1R RTF A-1 C noccupied nest. Photo A9. WOUS-1. WestWater Engineering Photo A10. WOUS-2. Photo A11. Spring -1. Appendix A Photo Al2. Wet -I. June 2016 APPENDIX A - PHOTOS OF RAPTOR NESTS AND WATERS OF THE U.S. Photo A13. Wet -2. Photo \ 14. Wei -i Photo A15. Wet -4. WestWater Engineering • Photo A16. Wet -5. Photo A17. Wet -6. Appendix A Photo Al 8. View of habitat near the proposed RU 23-17 well pad. June 2016 \NestWater Engineering Consulting Engineers & Scientists • • 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 -- FAX (970) 241-7097 August 1, 2016 Mr. Mike Gardner via e-mail: mgardner@terraep.com Terra Energy Partners RE: RU 31-17 and RU 23-17 Aquatic Resource Delineation Mr. Gardner, As requested, WestWater Engineering (WestWater) performed an aquatic resources delineation in accordance with the U.S. Army Corps of Engineers (ACOE) standards included in the "Corps of Engineers Wetland Delineation Manual, January 1987" and Regional Supplement to the ACOE Wetland Delineation Manual: Arid West Region (Version 2.0, September 2008) for the RU 31-17 and RU 23-17 well pads, pipeline, and road project. Based on vegetation, soils, and hydrologic characteristics, WestWater did not encounter wetlands, nor were there any perennial streams present in the project area. Meadows identified during earlier surveys as potential wetlands did contain some hydrophytic vegetation mixed with upland species; however, there were no hydric soils or evidence of prolonged saturated soils present. It is believed these areas are only saturated during spring runoff for a short period of time. These potential wetland areas are situated topographically to collect runoff, therefore supporting vegetation adapted to periods of moist conditions. No physical surface connectivity to drainages in the area was linked to these meadows. Please feel free to contact our office at 970-241-7076 with any questions or if we can be of help in any way. Sincerely, Y1 Melani Jensen Environmental Scientist/ Wetland Biologist 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 1 70 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 & 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 Billing - 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; ail effluent limits, terms and conditions of the administratively continued permit are in effect until the renewal is complete. 4300 Cherry Creek Drive 5., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickenlooper, Governor I Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer