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Home My WebLink About2 - Surface Use Agreement 01.15.2009• • SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is entered into and made effective this 15th day of January, 2009 ("Effective Date") by and between Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, whose address is 73 G Sipprelle Drive, Battlement Mesa Colorado 81635 hereinafter, collectively, called "Owner", Exxon Mobil Corporation hereinafter called "ExxonMobil", and Antero Resources Piceance Corporation, 1625 Seventeenth Street, Suite 300, Denver, Colorado 80202, hereinafter called "Operator." Owner and Operator may be referred to individually as a "Party" and collectively as the "Parties." WHEREAS, the Owner owns portions of the surface of a tract of land described in the attached Exhibit A located in Garfield County, Colorado, identified as a part of Battlement Mesa PUD, hereinafter referred to as the "Property" and currently is in the process of developing the same for residential and commercial uses; WHEREAS, the Property is subject to a surface use agreement with predecessor of ExxonMobil dated December 12, 1989 ("BMP-ExxonMobil SUA") which agreement reserved to ExxonMobil the right to use portions of the Property to develop its mineral interest underlying the Property; WHEREAS, Operator holds valid and subsisting oil and gas leasehold rights underlying portions of the Property from both ExxonMobil, Owner and other parties, and, as such has the right to reasonable use of the surface of the Property to explore for, develop, and produce certain of the oil, gas and other hydrocarbons ("Oil and Gas") that underlie the Property; and, WHEREAS, the Parties desire to enter into this Agreement to supersede in part the BMP-ExxonMobil SUA and to set forth their understanding of the rights and obligations of the Parties concerning operations on and development of the Property and to provide for - • the coexistence and joint development of the surface estate and the Oil and Gas estate and to delineate the process. through which the two estates will be developed; and WHEREAS, it is the intent of the Parties that all of the existing owners of the surface of the Property be included in this Agreement, and for that purpose and to the best of the Owners' knowledge, all of the entities related to Battlement Mesa Partners LLC that have an ownership interest in the surface estate in the Property are listed in the first attestation paragraph above. To the extent it is later determined that entities that have an ownership interest in the Property and that are related to Battlement Mesa Partners LLC are not parties to this agreement, Owner shall cause those omitted entities to ratify and endorse this Agreement when they are subsequently identified; NOW, THEREFORE, in consideration of the mutual promises contained herein, and ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Owner hereby grants to Operator a right-of-way and easement on, over, through, under and across the Property for the purpose of drilling, completing, operating and producing gas wells, conducting reservoir fracture stimulation operations, re -completing and monitoring wells therefore, together with the right-of-way and easement on, over, through and across the Property necessary to construct operate, maintain and repair (including but not limited to) access roads, fluid retention reservoirs, well sites, tank batteries, compressors, electrical lines, facilities, pipelines for handling both production produced from the Property, as well as that produced from other lands which Owner may not have an interest, which may be necessary for Operator to have a continuous and efficient pipeline system, pigging facilities, tanks, water discharge, and any other actions deemed necessary by Operator for its operations. Operator shall provide, within ninety (90) days of the execution of this Agreement, legal descriptions of the pipeline easements granted herein as well as envelopes for Wellsite Locations and their access roads. These legal descriptions are to be provided by Schmueser, Gordon, Meyer, or an engineering firm selected by the agreement of Owner and Operator. 2. Conformance with Exhibit B. Operator shall locate and stake the proposed placement of all Wellsite Locations, all access roads, and all gas -gathering lines, as depicted on Exhibit B for inspection by Owner at lease "'calendar days prior to any construction operations for such proposed surface activity. Owner may inspect the staked locations and their boundaries to determine whether they conform to the locations as depicted on Exhibit B. Within calendar days of having been notified of such staking, Owner may object to the staked locations and their boundaries on the grounds that they do not conform to the locations as depicted on Exhibit B. If Owner objects, Operator shall either re -stake the locations if it does not actually conform to the survey, or confirm that it does actually conform with to the locations as depicted on Exhibit B. If Owner does not object within' alendar days after having received the initial notice, then it will be deemed to have waived any objection to the staked locations. 3. Wellsite Locations. Exhibit B depicts locations of the planned well sites and central- -• water handling and treatment facilities ("Wellsite Locations") to be used by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations. to the easements for the Wellsite Locations shown on Exhibits B. "Oil and Gas Operations" are defined to include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning and the drilling of replacement wells and the location of associated Oil and Gas production equipment. Specific operational requirements applying to individual Wellsite Locations are shown in Exhibit C. Any material deviation from the planned location of the Wellsite Locations, as shown in Exhibits B will require Owner's prior written approval, which approval will not be unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Wellsite Locations identified on Exhibit B. a. Operator shall locate, build, repair, and maintain tanks, separators, treaters, dehydrators, and all other associated oil and gas drilling and production equipment and facilities, and wellhead compressors, only =Within the Wellsite Locations shown on Exhibit B. Operator shall have the right to install, replace, operate and maintain equipment on Wellsite Locations. Operator shall only be permitted to have a repair and maintenance facility at the central water handling and treatment facilities located at Wellsite Location F, with use of such facility limited to operations conducting under this Agreement and conditioned upon the requirements specified on Exhibit C. b. Without waiving its right to use the full dimensions of the Wellsite Location as described in Exhibit B, Operator shall use good faith efforts to construct the Wellsite Locations to be as small as reasonably feasible for drilling and completion activities and will attempt to reclaim the Wellsite Locations to an area no larger than is necessary to support production equipment and future workover and recompletion or re -drilling activity. c. Supporting facilities that may be located on Wellsite Locations include but are not limited to, closed mud systems, well head equipment, lines to carry condensate, gas and water, tanks, dehydrators, treaters, and any other facilities related to Oil and Gas Operations and deemed necessary by Operator. It is expressly understood that no centralized compressors will be located on the Property, except that wellhead compression will be permitted subject to the noise abatement requirements provided for hereinafter. d. Central water handling and treatment facilities are permitted to be located on the Property as identified on Exhibit B. Owner agrees to cooperate with Operator in obtaining necessary approvals for such facilities. e. Any valve sites, exposed pipeline structures, wellhead compressor housing, permanent tanks intended to contain hydrocarbon substances or produced water installed during Oil and Gas Operations on the Wellsite Location shall all be low profile when technically feasible and painted with color tones, matched to the surrounding landscape as per COGCC Series 804 rule orr - Visual Impact Mitigation. Owner reserves the right to select the hue and 3 • • • surface finish at the time of the initial installation of surface facilities. Owner and Operator shall jointly and in good faith cooperate to take mutually acceptable measures to protect the residential character of Property outside of the Wellsite Locations. f. All wellheads or production facilities shall be located pursuant to COGCC rules applicable at the time they are installed and as shown on Exhibit B. COGCC regulations shall specify the required setbacks from any designated boundary line in the Battlement Mesa PUD or a designated outside activity area. g. Operator, at its sole cost, risk and expense, will be responsible to obtain any governmental required approvals related to the Wellsite Locations. Owner agrees to cooperate with Operator to obtain any governmental required approvals. If Operator is precluded from obtaining required governmental approvals for any Wellsite Location, Owner agrees to work in -good faith with Operator to locate a suitable replacement location. - 4. Access Roads. Exhibit B depicts the approximate locations of the planned access roads ("Access Roads") to be used by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the easements for the Access Roads shown on Exhibits B. Any material deviation from the planned location of the Access Roads, as shown in Exhibits B will require Owner's prior written approval, which approval will not be unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Access Roads identified on Exhibit B. a. Access Roads constructed by Operator shall be no greater than 20 feet wide, gated and maintained in a good visual condition and in conformity with applicable state and local standards for oil and gas operations, including grading for proper drainage. Such road construction and maintenance shall be at the sole risk, cost and expense of Operator. Operator shall monitor the condition of the Access Roads and in those situations where warranted, apply dust suppressants such as water, soil tack, and/or magnesium chloride solution. Vehicle speed in excess of 20 miles per hour is prohibited. Operator will at least annually forward a "NOTICE TO ALL CONTRACTORS" regarding driving and traffic law adherence and a policy of discipline up to and including removal of the offending party from activities conducted under this Agreement for violators. b. If Operator or its vendors cause damage to a road that is jointly used by Operator, its vendors and the persons residing within the Battlement Mesa PUD, Operator, as its sole cost, shall promptly repair any damage which it causes which is a direct result of its use of the road. Operator agrees to bear all expenses to remove mud, gravel and sand in a manner that will cause such roads to be returned to the condition of such roads before being impacted by Operator's Oil and Gas Operations. c. The Parties agree to conduct their respective operations in a manner which minimizes interference with or delay of the ongoing operations of the other. 4 • • • d. No employee (acting in an official capacity for Operator and not as a public person), agent, vendor, vendor's employee, consultant or any other person authorized by Operator to be on the Property shall bring alcohol, drugs, firearms, or animals upon the Property at any time. All gates and Access Roads on and at the Wellsite Locations and such other facilities as agreed to by the Parties will be kept closed when not in use in by Operator and Operator shall take all reasonable steps to keep the area served by the roadway as secure as possible. e. Operator, at its sole cost, risk and expense, will be responsible to obtain any governmental required approvals related to the Access Roads. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Owner agrees to cooperate with Owner in securing any and all such required approvals. f. Authorized agents of Owner may utilize Access Roads, provided that such use does not interfere with Operator's ongoing activities on the Wellsite Locations. 5. Pipelines. Exhibit B depicts the locations of the planned gas gathering line ("Pipeline Easements") to be used only by the Operator to develop the Oil and Gas estate. Operator agrees to restrict its Oil and Gas Operations to the areas shown on Exhibits B. Any material deviation from the planned location of the Pipeline Easements, as shown in Exhibits B will require Owner's prior written approval, which approval will not be unreasonably withheld. "Material Deviation" is defined as any proposed surface use or occupancy by Operator outside the boundaries of the Pipeline Easements identified on Exhibit B. a. Pipeline Easements shall consist of a 25 -foot permanent easement and a temporary 50 -foot construction easement and be for the use of Operator for the installation, operation, maintenance and repair of wells, utility lines, flowlines, pipelines, and appurtenant equipment that will be used to produce, gather, measure, treat, transport or distribute oil, gas, liquid hydrocarbons, and water, whether treated or untreated. Operator, its successors, assigns, affiliated companies, parent companies, and subsidiaries, may use any of the flowlines and pipelines located in the easements to produce, gather, transport or distribute oil, gas, liquid hydrocarbons and water. b. Operator has the right to construct, use, repair, maintain and replace flowlines, pipelines and utility lines providing service to wells and facilities as shown on Exhibit B. c. Gas gathering lines shall be installed at depths not less than approximately 48 inches below the surface of the ground, except in those areas shown on Exhibit B where Owner and- Operator agree to install them at a greater or lesser depth to accommodate storm sewer lines, sewer lines, water lines or other similar gravity -dependent facilities ("Gravity Dependent Facilities_ _. Additionally, Operator shall bury its gas gathering lines at a greater or lesser depth at such points indicated on Exhibit B as necessary to provide Owner 5 • • • with access roads to its development property and avoid existing structures. Operator will consult with Owner prior to installing the gas gathering lines to agree upon a burial depth necessary to avoid Owner's existing and anticipated utilities, access to its property and structures. Owner and Operator shall each consult in good faith to reasonably and mutually accommodate each other's economic interests in the Property and the underlying oil and gas leases. d. In the event Owner desires to have existing gas gathering lines (or such other lines or utilities as Operator may have installed) redesigned or relocated due to Owner's development plans, Operator shall review Owner's detailed drawings and attempt to accommodate redesign or relocation of the gas gathering lines at Owner's expense. Locations of gas gathering line easements and depth of pipeline installation may be changed by mutual agreement of the Parties; provided, however, all costs and expenses of such relocations shall be borne by the Party requesting the relocation. In the event that the parties agree to the relocation of a pipeline or gathering line at the Owner's request, the Operator shall provide Owner with a written estimate of the relocation costs. Owner shall remit fifty percent (50%) of the amount of the estimate to the Operator 30 days prior to commencement of the relocation operations and the remaining 50% upon completion of the work and the submission of an itemized invoice as provided hereinafter. The final amount due shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Owner. e. Operator shall compact all trenches related to any phase of drilling and/or pipeline construction to no less than 95% SPD; provided that compaction shall be 100% SPD for all trenches which are in areas designated for public or private roads or paved trails. f. Owner may cross gas gathering line easements affirmed or granted herein to install, operate and maintain streets, curbs, gutters, sidewalks, utility service lines, cables or facilities, including those for water, gas, sewer, electricity, telephone, television, and fiber optics, provided that Owner shall use its best efforts to minimize interference with Operator's use of the easements affirmed or granted herein, and provided further that 1) any such crossing shall be at substantially right angles to the easements affirmed or granted herein, if reasonably possible; 2) if any such streets, curbs, gutters, sidewalks lines, cables or facilities are laid substantially parallel to gathering lines or pipelines, they shall be located at a minimum horizontal distance of five feet from any gathering line or pipeline; and, 3) any lines, cables or facilities that cross gathering lines or pipelines shall be separated vertically by a minimum distance of two (2) feet center -to -center. g. Owner, its agents, representatives, successors and assigns may use easements for other utilities, access and roadways as deemed necessary by the Owner; provided that utilities shall have a horizontal separation of at least five (5) feet (center to center) and a vertical separation of at least two- - (2) feet (center -to -center). • • • h. Within ninety (90) days following completion of construction of any working segment of pipeline or ancillary facilities, Operator shall, at its sole cost, provide Owner with as -built drawings of the completed pipeline segment or ancillary facilities. J• Operator, at its sole cost, risk and expense, will be responsible to obtain any governmental required approvals related to the Pipeline Easements. Owner agrees to cooperate with Operator to obtain any governmental required approvals. Pipelines serving each Wellsite Location shall be completed contemporaneously with the commencement of oil and gas operations at the respective Wellsite Locations A, B, C, D, E, L and M, on a location by location basis. k. In the event Operator desires to permit a third party to utilize -Operator's Pipeline Easements, which utilization is not in connection with Operator's Oil and Gas Operations, Operator shall obtain the permission of Owner to such use. Operator acknowledges that Owner may require compensation and other considerations for the grant of this permission. 1. Operator acknowledges this grant of pipeline easements is reflective of its agreement with Owner to greatly reduce or eliminate trucking at Battlement Mesa PUD by the transportation of oil, gas, liquid hydrocarbons and water by pipeline in its Oil and Gas Operations from the Wellsite Locations to the central water handling and treatment facility shown on Exhibit B. m. If Owner intends to construct any improvements in any of the pipeline or access easements described in this Agreement that would potentially interfere with Operator's access to or use of such easement, Owner shall provide at least 180 days' Notice to Operator (the "Notice Period") of such intended activity. Notice shall be given in writing and shall be specific enough to allow Operator to determine the extent to which such activity would potentially interfere with Operator's use of any easement. Operator may construct pipelines or other facilities as provided in the Agreement, in such easements during the Notice Period without interference from Owner's activities. If Operator has not constructed pipelines or facilities in such easement during the Notice Period, and Owner has subsequently built improvements in such easement after the end of the Notice Period, then Operator may construct pipelines or facilities in such easement, but Operator shall be required to pay for actual damages to the improvements constructed in such easement that are caused by Operator's subsequent construction of pipelines or facilities in such easement. If Owner gives Notice, but has not constructed any improvements in the easements for which it has given Notice under this Paragraph by the end of 365 days from the date of such Notice, then such Notice shall. be deemed to have lapsed, and the parties' relative rights in such easements shall return to the status quo that existed prior to the Owners' giving of Notice. • • n. In the event Operator's Oil and Gas Operations impact the Battlement Mesa Golf Cpurse, Operator agrees to restore that part of the golf course to its pre - impacted condition as soon as possible. In this restoration, Operator will work with the golf course superintendent to assume that all necessary steps are taken to return it to its pre -impacted condition. Operator agrees to utilize and pay for the golf course maintenance staff and/or its designated vendors as well as all materials required. Operator shall also pay for any revenue loss caused by its incursion into the golf course. I—'-"'� q r o. At such time as pipe is laid in the pipeline easements, it shall not be removed except for the purpose of repair. Upon the termination of Operator's Oil and Gas Operations, the pipelines shall be left in place and abandoned by Operator. 6. Power/Telephone/Transformers. Only power lines, transformers and data transmission lines necessary for the operation of wells drilled on the Wellsite Location, or production equipment ancillary thereto, may be installed on the Wellsite Location or in the easement of any Access Road or Pipeline Easement. No power line, data transmission line or transformers will be permitted outside of Wellsite Location, Access Road or Pipeline Easement shown Exhibit B. 7. Hours of Operation. There will be no time of day restrictions with regard to drilling, completing, re -completing, workover, reservoir fracture stimulation operations. With respect to other routine ongoing maintenance, development and production operations, Operator agrees to limit such activities (except in the case of emergency) to between the hours of 7:00 AM to 8:00 PM. 8. Noise Abatement. Stationary engines and their exhausts shall be located and oriented to direct noise away from the homes closest to Wellsite Locations as set forth by COGCC Series 802.e rule. Equipment initially installed on Wellsite Locations shall be modern and well maintained. Operator will evaluate noise generation from equipment and require contractors to refit mufflers etc. in situations where the volume of sound produced may exceed applicable standards. Operator shall at all times maintain compliance with applicable Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations pertaining to noise reduction standards in Residential/ Agricultural/Rural areas and employ best management practices as set out in the COGCC Series 802 Noise Abatement Rule. Neither Operator nor its vendors shall be permitted to utilize engine braking on the Property. 9. Lighting Abatement. If a drilling rig is within 1,000 feet of an occupied dwelling, Operator and its subcontractors will - align the drilling rig -lighting equipment to minimize the proportion of the lights that are directed toward the dwelling and will- - install lighting shield devices on all of the more conspicuous lights. Lighting shall • • be directed inward and downward except as deemed necessary by Operator to illuminate other areas for safety reasons. Operator shall use appropriate technology to minimize light pollution emanating from the Property including, but not limited to, utilization of low density sodium vapor lighting. 10. Air Emissions and Odor Abatement. Operator will utilize mats, soil tack and/or liquid dust suppressants as necessary to mitigate fugitive dust emissions from Wellsite Locations. Completion processes shall be designed to consolidate the number of hydraulic fracture stimulation flow -back events. No flaring of wells shall be permitted within 2,000 feet of an occupied dwelling, except in the event of emergency. Operator may flare a well within 2,000 feet of an occupied dwelling if such flaring is conducted utilizing flare suppression containment. Glycol dehydrators, tanks, treaters, and flares shall comply with applicable CDPHE and COGCC regulations governing VOC emissions. Operator's operations shall be in compliance with the applicable- Colorado Department of Public Health and Environment Air Quality Control Commission Regulations, including, but not limited to, the Regulation No. 2 requirement that no oil or gas operation may cause or allow the emission of odorous air from any single source that is detectible after the odorous air has been diluted with seven or more volumes of odor -free air. These measurements shall be made outside the property line of the property from which the emission originates. 11. Noxious Weed Management. Operator shall maintain a noxious weed management plan consistent with the requirements of Garfield County, Colorado and the COGCC Series 1003.f. and 1004.e. rules on noxious weed management. 12. Visual Impact Mitigation and Reclamation of Wellsite Locations. Operator agrees to construct each Wellsite Location to mitigate visual impacts, including specific Wellsite Location requirements described in Exhibit C. As soon as reasonably feasible (and consistent with best practices and growing seasons), Operator shall commence interim and final reclamation operations as per COGCC Series 1003 and 1004 rules. The timing to begin such reclamation operations will be determined in good faith negotiations between Operator and Owner, The reclamation standards are set forth in the attached Exhibit D, Reclamation Plan. 13. Environment and Safety. Operator will comply with all applicable COGCC, Colorado Department of Public Health and Environment (CDPHE), Environmental Protection Agency (EPA) spill control, cleanup, and reporting requirements, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA") the Oil Pollution Act ("OPA") and the Clean Water Act. a. Sanitary facilities will be on site at all times during drilling, testing and completion operations. Sewage will be placed in a portable chemical toilet. The toilet will be replaced periodically utilizing a licensed contractor. Toilet contents will be delivered to local wastewater treatment facilities in accordance with state and county regulations. Disposal will be in_. accordance with the State of Colorado and Garfield County rules and regulations regarding sewage treatment and disposal. 9 • b. All refuse, trash and other solid waste, (including cans, paper, cable, etc.) generated during drilling, testing and completion operations will be contained in enclosed receptacles, removed from the location promptly, and hauled to an authorized disposal site. c. Immediately after completion of construction, all debris and other waste materials will be cleaned up and removed from the location. d. All project -related activities involving hazardous materials use will be conducted in a manner that minimizes potential environmental impacts. Operator shall maintain a file of current Material Safety Data Sheets (MSDS) for all chemicals, compounds, and/or substances that are used in the course of site preparation, drilling operations, production operations and reclamation. Compliance with the foregoing will be governed by the rules and regulations of the Colorado Oil and Gas Conservation Commission. e. Any spills of oil, gas, or any other potentially hazardous substance shall be reported to (and within the timeframes specified by) local authorities, state authorities, federal authorities, and other responsible parties as required under EPA regulations — 40 CFR part 110, Discharge of Oil regulation, and 40 CFR part 112, Oil Pollution Prevention regulation, and COGCC and CDPHE spill reporting requirements. Such event shall be mitigated immediately, as appropriate, through cleanup or removal to an approved disposal site. f. Operator will implement a spill prevention, control and counter measure control plan (SPCC). No hazardous materials in toxic concentrations will be permanently stored on any Wellsite Location. Hazardous materials for use in the production of oil, gas or water will be allowed but will be stored and in use in reasonable quantities necessary for Operator's activities on such Wellsite Location. No bulk storage of hazardous materials is allowed. g. Operator shall ensure that all personnel and contractors employed in operations shall receive appropriate training in safety and environmental protection practices as required by state and federal laws and regulations. h. Operator shall not house employees on the Property on a temporary or permanent basis without the express written consent of Owner. Notwithstanding the foregoing, Operator is permitted to allow key personnel to reside temporarily on Wellsite Locations provided such personnel are, in Operator' s and Owner's jointly held opinion, necessary to maintain a safe operation. The Operator will conduct and maintain its operations in a safe manner and protect the public from any hazardous conditions. In the event of an emergency, Operator will take immediate appropriate action to safeguard life and prevent significant environmental degradation. 14. Emergency Communications. Operator will comply with all local, state and federal 411 reporting requirements in all emergency situations. Emergency contact information 10 • • • shall be posted in a conspicuous location on the Property. In the event of an emergency requiring communication with the community, Operator will coordinate with the Garfield County Emergency Communications Authority to immediately contact surface owners living within 1,000 feet of such emergency. Further, Operator shall immediately contact Owner's representative advising of that emergency situation 15. Operator's Sole Risk; Insurance. a. Operator shall conduct all operations on the Property at its sole risk, cost and expense. Operator assumes all risk and liability of any nature incident to, occasioned by or resulting in any manner, directly or indirectly, from Operator's operations hereunder. b. Operator shall carry no less tha4 !tin general liability limits for any one occurrence ander s in the aggregate, and shall name -the Owner as an additional insured with respect to the liabilities assumed hereunder. 16. Surface Damage Payments. Operator shall conduct berming and landscaping at the Wellsite Locations as described in Exhibit C. The referenced berming and landscaping is not intended to waive any right or remedies the Owner may have, including the right to damages, if it is determined that the conduct of Operator, or its agents, employees, successors or assigns exceeds the scope of the those rights granted herein or Operator is in breach of its duties under this Agreement. 17. Owners' Utilities. To the degree that Operator requires any utility lines (i.e. communication, electric, etc) to service any of the facilities depicted on Exhibit B, Operator agrees to locate such utility lines underground at Operator's cost. 18. Compliance with Colorado Oil and Gas Conservation Rules and Regulations. Operator agrees to comply with all of the applicable rules and regulations of the COGCC concerning the development of the Property for oil and gas exploration, drilling, production and the Property's reclamation. Provided, however, that Operator has complied with applicable requirements of the COGCC Regulations for well permitting, Owner agrees, for itself, its successors and assigns, that it shall execute written waivers to allow the COGCC to issue permits to drill wells in the Wellsite Locations shown on Exhibit B, including without limitation, waivers of any setback requirements imposed by the COGCC's High Density Development Area regulations. 19. Indemnification. All use and occupancy of the surface of the Property of Owner, its successors and assigns, by Operator, its agents, employees, contractors, subcontractors, representatives, agents or assigns, shall be at the sole risk of Operator. Operator hereby agrees to indemnify, defend and hold harmless Owner, its employees, customers, golfers, agents, guests, successors and assigns from and against any and all losses, costs, damages, claims awards, attorneys fees (including Owner's attorneys fees and litigation expense, provided such fees and expenses are reasonable), expenses, demands, judgments or liabilities -resulting from injuries or death of any person whomsoever, or losses, damages, destruction, pollution, hazardous material spills, discharges to any of Owner's or any third parties' 11 • • property whatsoever caused by Operator's oil and gas activities and operations at and below the surface of Battlement Mesa PUD, or by Operator's agents, representatives, contractors, and employees. Specifically excepted from Operator's foregoing indemnity in favor of the Owner shall be those losses suffered by Owner (or other third parties) that are caused by the negligence or fault of the Owner, or Owner's agents, contractors, subcontractors, representatives, or assigns. Operator further agrees to indemnify, hold harmless and defend Owner, its employees, agents, subcontractors, representatives, successors and assigns from any liability which may be asserted or determined by any individual, legal entity, county, state or federal agency based upon a violation of any of the provisions of CERCLA, RCRA, OPA, the Clean Water Act or common law resulting from the actions or inactions of the Operator on the Property. 20. No liens. Operator shall keep the Property free and clear of any and all liens for labor or work performed by it or its contractors and subcontractors upon the Property relating to its oil and gas exploration, development or -production operations or for materials furnished thereto. Notwithstanding the above, Operator may contest the validity of any alleged lien, including the enforcement thereof. Operator agrees to pay any and all property taxes, assessments, governmental charges imposed upon its interest in the Property and upon any building, structure or other improvements, equipment or personal property placed or erected upon the Property. 21. Term. This Agreement will remain in effect for as long as Operator, its successors, or assigns is utilizing the easements granted under this Agreement, with no inactivity of greater than 24 continuous months (excluding event of force majeure). 22. BMP-ExxonMobil SUA Superseded in Part. Operator and ExxonMobil acknowledge that Owner is in the process of developing the Battlement Mesa PUD. ExxonMobil, Operator and Owner agree: (i) that future Wellsite Locations, wells and/or production facilities shall be placed; and (ii) that the real estate situated in Battlement Mesa PUD shall be developed, in a manner consistent with this Agreement. To the extent this Agreement is in conflict with the BMP-ExxonMobil SUA, this Agreement will prevail as among the parties. It is expressly understood and agreed that ExxonMobil is joining in this agreement solely for the purpose of being bound by this paragraph, and, paragraphs 23 to 24 and paragraph 26 below, and that the other terms and conditions of this agreement shall be between Owner and Operator, and shall not be applicable to ExxonMobil. 23. Successors and Assigns. This Agreement is binding upon the successors, heirs and assigns of Owner, Operator and ExxonMobil. 24. Counterparts/Facsimile Signatures. The Parties may execute this Agreement in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute but one and the same instrument. The Parties agree that facsimile signatures are binding. 25. Breach. The Parties acknowledge that, in the event of a violation of this Agreement _ by either party, the breaching Party shall pay any actual damages found by the trier of fact to have been caused by such breach. In any litigation related to this 12 • Agreement, the prevailing party shall be awarded its costs and fees, including without limitation, reasonable expert fees and reasonable attorney fees. 26. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in the U. S. Mail, postage prepaid, or sent via expedited delivery service, with proof of delivery, or by facsimile transmission with proof of receipt by the notified party, addressed as follows: If to Operator: Antero Resources Piceance Corporation If to Owner: Battlement Mesa Partners, LLC If to ExxonMobil: Exxon Mobil Corporation r i1 35 27. Annual Consultation with Owner. Operator agrees to meet annually with Owner at a mutually agreeable time and place to discuss Operator's planned upcoming year's Oil and Gas Operations including, but not limited to, drilling activity. Ten days prior to this meeting, Operator shall provide to Owner in writing its planned scheduled activities. Operator agrees to provide Owner written notice, immediately, of any change to Operator's stated schedule at any time such change is made. Further, at this meeting, Operator and Owner shall address Owner's concerns about past, present and the proposed future Oil and Gas Operations at Battlement Mesa PUD. This Agreement may be amended only by means of a mutually executed written letter agreement. 13 IN WITNESS WHEREOF, this instrument is executed as of the date first above written. OWNER: Battlement Mesa Partners, LLC OWNERS: Battlement Mesa Land. Investments, LLC Battlement Mesa Land Investments Parcel 1 LLC Battlement Mesa Land Investments Parcel 2 LLC Battlement Mesa Land Investments Parcel 3%•LC Battlement Mesa Land Investments Parcel 6 LLC Battlement Mesa Land Investments Parcel 7 LLC Battlement Mesa Land Investments Parcel OHS LLC Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC Battlement Mesa Land Investments Parcel Fairways LLC Green Head Investments 1 LLC Burning Rock B2L2 LLC MCV2 Church Site LLC Battlement Mesa Golf Course, LLC Saddleback Village Convenience Center, LLC Willow Park Apartments LLC Battlement Mesa Land Investments Parcel 1-A, LLC Paradise Valley Minerals LLC Battlement Mesa Land Investments Town Center 1 LLC Battlement Mesa Land Investments Town Center 2 LLC Battlement Mesa Land Investments Town Center 3 LLC Battlement Mesa Plaza Town Center, LLC Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC Battlement Mesa Land Investments OES LLC Battlement Mesa RV Park LLC Battlement Mesa RV Storage LLC Battlement Mesa Office I LLC Modular Homes LLC Tamarisk Village Pads, LLC Willow Ridge at Battlement Mesa LLC Battlement Mesa Parcel 5 LLC Battlement Mesa Lot Holdings LLC Battlement Mesa P Name: Eric Schm Title: Authori ent • s LLC 14 3-2-07 • OPERATOR: Antero Resources Piceance Corporation Name: Brian A. Kuhn Title: Vice President EXXON MOBIL CORPORATION: Name: ohn Rothwell Title: Age and Attorney -in -Fact 15 • • • ACKNOWLEDGMENTS STATE OF COLORADO § COUNTY OF DENVER § The foregoing instrument was acknowledged before me on this day of �nr , 2009, by Eric Schmela, Authorized Agent for Battlement Mesa Partners, LLC a Colorado limited liability company d/b/a Battlement Mesa Company, and Battlement Mesa Land Investments, LLC, Battlement Mesa Land Investments Parcel 1 LLC, Battlement Mesa Land Investments Parcel 2 LLC, Battlement Mesa Land Investments Parcel 3 LLC, Battlement Mesa Land Investments Parcel 6 LLC, Battlement Mesa Land Investments Parcel 7 LLC, Battlement Mesa Land Investments Parcel OHS LLC, Battlement Mesa Land Investments Parcel 5-1, TRK3 and 4 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 5 LLC, Battlement Mesa Land Investments Parcel 5-2, TRK 6 LLC, Battlement Mesa Land Investments Parcel Fairways LLC, Green Head Investments 1 LLC, Burning Rock B2L2 LLC, MCV2 Church Site LLC, Battlement Mesa Golf Course, LLC, Saddleback Village Convenience Center, LLC, Willow Park Apartments LLC, Battlement Mesa Land Investments Parcel 1-A, LLC, Paradise Valley Minerals LLC, Battlement Mesa Land Investments Town Center 1 LLC, Battlement Mesa Land Investments Town Center 2 LLC, Battlement Mesa Land Investments Town Center 3 LLC, Battlement Mesa Plaza Town Center, LLC, Battlement Mesa Land Investments Parcel 5-1, TRK 2 LLC, Battlement Mesa Land Investments OES LLC, Battlement Mesa RV Park LLC, Battlement Mesa RV Storage LLC, Battlement Mesa Office I LLC, Modular Homes LLC, Tamarisk Village Pads, LLC, Willow Ridge at Battlement Mesa LLC, , Battlement Mesa Parcel 5 LLC, Battlement Mesa Lot Holdings LLC, on behalf of said entities. My Commission Expires: My Commission Expires 0912112012 15-1 Notary Public, Sate of Colorado • STATE OF TEXAS COUNTY OF HARRIS § § AThe foregoing instrument was acknowledged before me on this / 7 day of �c. , 2009, by John C. Rothwell, Agent and Attorney-in-fact for EXXON MOBIL CO ORATION, a New Jersey corporation, on behalf of said corporation. M Commission Expires: 1AVERAJOHNSON Notary Public State of Texas Comm. Exp. t 0.06.201 0 STATE OF COLORADO § § COUNTY OF DENVER § tary Public, ate of Texas The foregoing instrument was acknowledged before me on this 14-ftL 14-ftday of 2009, by Brian A. Kuhn, Vice President, for ANTERO RESOURCES PIC ANCE CORPORATION, on behalf of said corporation. My Commission Expires: KELLY HUFFMAN NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 08/03/2011 15-2 Notary ub1i•A to of Colorado • • • Wellsite Location A Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • • Exhibit A Description of Battlement Mesa PUD • .0 [ _ .111t J_1 I, .., 1 1i _ I', rl'-j. 1,. L`J r•1C • .iLi T5 .. !' . ; t". , " 1 1 . , C_ t , . . . .; . d t.. . 1 .. I . I . ! ). • J r . 11_ 1 L..i - 1 `. !' t _. t. i , , ,7:F.: ),',.i • ,...'1 fib:. !... •l' 'f� .ds1 v ..•.,'1'f1..(. . _. • { .� ..1.1 .. I ,� (-1 iii-.... t.t .. t . J _ 4 I t', , i. �' 1 i�• �. . t iii . i..�i.I I . 't" .. 1!'5, E fie C r. 7 •, I r,1f.•,r: • • 1 ,.. 7-• 1 • ;44,4", ..r4, • F t r• •-; r ue- I s.„ .••,•yk• LIP •,, Le• • ;t,t7 u' 1 - 1 1..E ; ; 6 •, =, 41. 1 i t 1 / t. te,t's :jyr,r. r,..:1E 5 t r f ri-ri: 11,• t ht t", -, r !t:ti 1;.1: ) If,1 = 2 E .j ' (11 ; '4 1 r• 1 1 1; u ,4 4 . ; t f L-• t H. 1, t .44 , ' .• 1 tt.L 1_,!;(4- L, 1-1 s;.; r; ( i.' 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'4 y .s .1 1 1 • r .., 7..144:r rl - 1 ' r • J ._ 1(3 r_; • s.',1 ; 4 .'.li� c1 C . •.} r r • r:1 • • • rt/ 21 ' :t • ; t . • • • Wel!site Location B Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • • Exhibit B Map Depicting General Location of Wellsite Locations, Access Roads and Pipeline Easements (Plat follows) 22 • • • Exhibit C Specific Operational Requirements For Wellsite Locations, Access Roads and Pipeline Easements 23 • • Wellsite Location A Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer datedl/20/09, including berming the access road into the Wellsite Location. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in a southwesterly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the southwest, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, Soiltac or its equivalent and/or liquid dust suppressants. 4. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 5. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 6. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 24 • • Wellsite Location B Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer datedl/20/09, including berming the access road into the Wellsite Location. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in a northerly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the north, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding -landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soiltac and/or liquid dust suppressants. 4. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. . Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 6. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 25 • • • Wellsite Location C Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted Wellsite Location C Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09 and the Schematic, Light Exposure and Planting plans dated 1/19/09 prepared by Design Workshop for this pad, including berming the access road into the Wellsite Location. Operator reserves the right to make minor adjustments to number, size and variety of plants, subject to Operator's obtaining Owner's written consent to same, which consent shall not be unreasonably withheld. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in a westerly direction as set forth in the above referenced Light Exposure plan. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the west, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Landscaping Plan. Operator agrees to landscape the Wellsite Location pursuant to the above referenced Planting Plan. Operator agrees to commence with such landscaping work as soon as initial dirt work at the site commences and complete the same prior to commencement of drilling activity at the Wellsite Location, taking into consideration the growing season. Operator will be responsible for maintaining such landscaping, including but not limited to installing irrigation. 4. Power at Site. Provided electrical power can be accessed under commercially reasonable terms from the local power distribution company servicing the area of the Wellsite Location, Operator shall only use electricity to power its drilling rigs at the site. To the extent third -party contractor equipment has the provisions to utilize electrical power, Operator shall require such third -party contractors to only use electricity to power its equipment at the site In emergency situations, Operator shall be permitted to utilize non -electric generators until such time as electrical power can be restored. Provided, however, these emergency generators shall be positioned in such a manner as to minimize noise impacts on the adjacent residences. 5. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soiltac and/or liquid dust suppressants. 26 • 6. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 7. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 8. Irrigation Water. If Operator chooses to purchase water from the Consolidated Metro District to provide its irrigation water, the cost of any tap will be at Operator's sole expense. 9. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 27 Area of enlargement • County Road 307 +/- 20' high berm Well Pad C' elevation 5202 +/- 20' high berm di • • • /000, of , "'! ire • `` :sf 4/' `We\ wer0 r .fr'a.• �'j-...gibr...... =• .toms` 'FD 'Exact arganiMim and Iryeut of pad to be determined Drawing for illustr tive purposes only subject to dram, BATTLEMENT MESA PARACHUTE, COLORADO Deciduous Trees Evergreen Trees 1 Shrub Massing: nico Sc.. 01/19/09 SCHEMATIC DESIGN: PAD C ANTERO RESOURCES DESIGN\( RI..SIIOP • • • BATTLEMENT MESA PARACHUTE. COLORADO Not to Scale 311111 o1i19io, LIGHT EXPOSURE: PAD C ANTERO RESOURCES DESIGN\ t M IKSI I()1' • PLANT TYPE QUANTITY TREES COLORADO SPRUCE WESTERN COTTONWOOD 514RURS ROCKY MOUNTAIN JUNIPER MOUNTAIN SAGE RABEITERUSH GROUNDCOVERS SEEDMIX 44 19 157 313 157 93,254 SF "Note: Al Colorado Splice Toves shall haven mini,n.n nflola«on height of Ig'. Cotton- wood frees shod have a n *n rn ieh Iolion CON., of 3" and d 'Nubs shot be a nwimen astdohor, sae of l gdon. BATTLEMENT MESA PARACHUTE, COLORADO • • T ,,....�s Deciduous Tree• Everveen Trees „f Shrub MenMp Not to State WIN Imenne o1/19/09 PLANTING PLAN: PAD C ANTERO RESOURCES DESIGN\ UHK"I Il N' • • • Wellsite Location D Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • Wellsite Location D Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09 and the Schematic, Light Exposure and Planting plans dated 1/19/09 by Design Workshop for this pad, including berming the access road into the Wellsite Location. Operator reserve the right to make minor adjustments to number size and variety of plants, subject to Operator's obtaining Owner's written consent to same, which consent shall not be unreasonably withheld. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in a northwesterly direction as set forth in the above referenced Light Exposure plan. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the northwest, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting, where feasible. 3. Landscaping Plan. Operator agrees to landscape the Wellsite Location pursuant to the above referenced Planting Plan. Operator agrees to commence with such landscaping work as soon as initial dirt work at the site commences and complete the same prior to commencement of drilling activity at the Wellsite Location, taking into consideration the growing season. Operator will be responsible for maintaining such landscaping, including but not limited to installing irrigation. 4. Power at Site. Provided electrical power can be accessed under commercially reasonable terms from the local power distribution company servicing the area of the Wellsite Location, Operator shall only use electricity to power its drilling rigs at the site. To the extent third -party contractor equipment has the provisions to utilize electrical power, Operator shall require such third -party contractors to only use electricity to power its equipment at the site In emergency situations, Operator shall be permitted to utilize non -electric generators until such time as electrical power can be restored. Provided, however, these emergency generators shall be positioned in such a manner as to minimize noise impacts on the adjacent residences. 5. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soiltac and/or liquid dust suppressants. 28 6. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 7. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 8. Irrigation Water. If Operator chooses to purchase water from the Consolidated Metro District to provide its irrigation water, the cost of any tap will be at Operator's expense. 9. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. • • • ..52o0 • • BATTLEMENT MESA PARACHUTE, COLORADO ANTERO RESOURCES Area of enlargement Drawing ler itluwtr.ti.e purpe.ea only - abject to dune •End ewganinuen and Iyeut aped to be determined rr +/ 20' high berm Well Pad D. elevation 5253 +/- 30' high berm Deciduous Trees Evergreen Trees Shrub Massings footio Scale 21 113 11 It 01/19/09 SCHEMATIC DESIGN: PAD D DESIGNII(II KS1RN' • • • BATTLEMENT MESA PARACHUTE, COLORADO ANTERO RESOURCES Not to Scale 01/19/09 LIGHT EXPOSURE: PAD D DESIGN\\ ( )1t1:: -.I I( )1, • • • \'\ ' eY \ 4 \ PLANT TYPE QUANTITY 'Rus COLORADO SPRUCE 35 WESTERN COTTONWOOD 20 SORURS ROCKY MOUNTAIN JUNIPER 198 MOUNTAIN SAGE 395 RABBIT/RUSH 198 GROVNDCOVIRS SEEDMIX 82.935 ST 'Note: Al Colorado Space Trees shall have a minimum Installer an height of 10', Cottonwood flees shoe hose a mnirnnn ielalot,on Caliber 013" and al enabs shall be a minimum installation site of 1 goon. \ BATTLEMENT MESA PARACHUTE, COLORADO ANTERO RESOURCES o\ Q eleel.eeee w... bwRwew Www i"'ys S6wi Morins Not w SC . oi/19/09 PLANTING PLAN: PAD D DESIGN\I t )I ilei N)1, • • s Wel!site Location E Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • • Wellsite Location E Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09, including berming the access road into the Wellsite Location. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will most likely be oriented in a westerly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If this light orientation becomes a nuisance to the residences in the vicinity of Wellsite Location E, Operator and Owner will cooperate to reasonably mitigate the effects related to lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 4. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 5. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 6. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 30 • • • Wellsite Location F Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted Wellsite Location F Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09, including berming the access road into the Wellsite Location. Operator agrees to utilize this Wellsite Location as a centralized fluid gathering site, Operator agrees to use all best visual resource management practices when implementing odor control and spill prevention measures and will do so in accordance with all COGCC regulations and/or guidelines. 2. Lighting. If Operator utilizes this Wellsite Location as a drilling location, all lights on the Wellsite Location above the top level of the berm will most likely be oriented in a southerly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the south, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the site, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 4. Storage and Parking. Operator agrees this site may be used for storage or parking of any property required by Operator for its drilling, development and production activities conducted pursuant to this Agreement. 5. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 31 Wellsite Location G Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • • • • • Wellsite Location G Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09 including berming the access road into the Wellsite Location. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will most likely be oriented in a westerly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If this light orientation becomes a nuisance to the residences in the vicinity of Wellsite Location G, Operator and Owner will cooperate to reasonably mitigate the effects related to lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 4. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 5. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 6. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 32 • • • Wellsite Location K Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted Wellsite Location K Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09, including berming the access road into the Wellsite Location. If Operator utilizes this Wellsite Location as a drilling location, Operator agrees to build and maintain the Wellsite Location in accordance to Operator's highest standards during the drilling and completion phase, during the production phase (interim reclamation), and during the final reclamation phase. These standards are to meet or exceed all COGCC well -site regulations and/or guidelines. If Operator utilizes this Wellsite Location as a centralized fluid gathering site, Operator agrees to use all best management practices when implementing odor control and spill prevention measures and will do so in accordance with all COGCC regulations and/or guidelines. If Operator fails to utilize this site within three (3) years from the date of the Effective Date, Operator agrees to release this site from the potential of its development as a Wellsite Location. 2. Lighting. If Operator utilizes this Wellsite Location as a drilling location, all lights on the Wellsite Location above the top level of the berm will most likely be oriented in an easterly direction. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the east, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting. 3. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 4. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 5. Storage and Parking. Operator agrees this site may be used for storage or parking of any property required by Operator for its drilling, development and production activities conducted pursuant to this Agreement. 6. Surface Use Agreement. These provisions incorporate arid, at the same time, shah - • be considered a part of the SUA and all of its various exhibits. To the extent a 33 conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. • • • 34 • • • Wellsite Location L Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted Wellsite Location L Specific Operational Requirements 1. Visual Impact Mitigation. At Operator' s sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09and the Schematic, Light Exposure and Planting plans dated 1/19/09 prepared by Design Workshop, including berming the access road into the Wellsite Location, screening the valve sites and mitigating the impact of the Access Road entry way. Operator reserves the right to make minor adjustments to number, size and variety of plants, subject to Operator's obtaining Owner's written consent to same, which consent shall not—be unreasonably withheld. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in a southerly direction as set forth in the above referenced Light Exposure plan. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the south, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding the color of the surrounding landscape on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting, where feasible. 3. Landscaping Plan. Operator agrees to landscape the Wellsite Location pursuant to the above referenced Planting Plan. Operator agrees to commence with such landscaping work as soon as initial dirt work at the site commences and complete the same prior to commencement of drilling activity at the Wellsite Location, taking into consideration the growing season. Operator will be responsible for maintaining such landscaping, including but not limited to installing irrigation. 4. Power at Site. Provided electrical power can be accessed under commercially reasonable terms from the local power distribution company servicing the area of the Wellsite Location, Operator shall only use electricity to power its drilling rigs at the site. To the extent third -party contractor equipment has the provisions to utilize electrical power, Operator shall require such third -party contractors to only use electricity to power its equipment at the site In emergency situations, Operator shall be permitted to utilize non -electric generators until such time as electrical power can be restored. Provided, however, these emergency generators shall be positioned in such a manner as to minimize noise impacts on the adjacent residences. 35 • 5. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 6. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 7. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 8. Irrigation Water. Owner shall provide Operator with access to the golf course irrigation system as well as a water supply to facilitate the irrigation and maintenance of the landscaping to be performed by Operator pursuant to paragraph five (5) above. Operator agrees to provide metering of the water utilized if requested in writing by Owner. 9. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 10. Consultation with Owner and Golf Course Operator. Operator agrees to consult with the Owner and the Golf Course Operator regarding mitigation of Oil and Gas Operations on the use and enjoyment of the golf course. 36 MIN 0 0 OC 0 0 0 IL 0 U a W F` z 2 W 03 ANTERO RESOURCES • BATTLEMENT MESA PARACRUTE, COLORADO i Not to Scale 01/19/09 LIGHT EXPOSURE: PAD L ANTERO RESOURCES DESIGNW(111K II(11' • • • Wellsite Location M Schematic prepared by Schmueser Gordon Meyer dated 1/20/09 is redacted • Wellsite Location M Specific Operational Requirements 1. Visual Impact Mitigation. At Operator's sole expense, the Wellsite Location will be constructed to the ground level as depicted on the attached schematics created by Schmueser Gordon Meyer dated 1/20/09 and the Schematic, Light Exposure and Planting plans dated 1/19/09 prepared by Design Workshop, including berming the access road into the Wellsite Location. Operator reserves the right to make minor adjustments to number, size and variety of plants, subject to Operator's obtaining Owner's written consent to same, which consent shall not be unreasonably withheld. 2. Lighting. All lights on the Wellsite Location above the top level of the berm will be oriented in an easterly direction as set forth in the above referenced Light Exposure plan. Focus of lighting will be downward and directed, where applicable, away from residences. If for safety reasons, Operator deems it unreasonable to orient the lighting to the east, Owner will be notified and both will cooperate to reasonably mitigate the effects related to such reorientation of the lighting, including utilizing shrouding on three sides of the drilling rig on site as a mitigation measure, and the utilization of low density sodium vapor lighting, where feasible. 3. Bike Path Relocation. At Operator's sole expense, the current bike path will be relocated and reconnected with the existing bike path as shown on the attached plat in consultation with the Battlement Mesa Homeowners Association. The relocated bike path will be similar in width and constructed with similar materials as the existing bike path. 4. Golf Cart Path Relocation. At Operator's sole expense, the existing golf cart path located on the northeast side of the Wellsite Location will be relocated in consultation with the current owner of golf course. The relocated golf cart path will be similar in width and constructed with similar materials as the existing golf course path. If requested by the owner of the golf course, a safety fence will be installed on the edge of the golf cart path along areas of steep slope. This fencing shall consist of a split rail or other appropriate form of fencing (of similar expense) sufficient to protect persons in the area while not unnecessarily detracting from the natural setting of the golf course. 5. Landscaping Plan. Operator agrees to landscape the Wellsite Location pursuant to the attached schematic created by Schmueser Gordon Meyer dated 10/27/08 and the above referenced Planting Plan created by Design Workshop. Operator agrees to commence with such landscaping work as soon as initial dirt work at the site commences and complete the same prior to commencement of drilling activity at the Wellsite Location, taking into consideration the growing season. Operator will be responsible for maintaining such landscaping, including but not limited to installing irrigation. Operator also agrees to utilize such materials in the ditch 37 • • • constituting a part of this Wellsite Location as to cause it be natural in appearance and in harmony with its surroundings. 6. Power at Site. Provided electrical power can be accessed under commercially reasonable terms from the local power distribution company servicing the area of the Wellsite Location, Operator shall only use electricity to power its drilling rigs at the site. To the extent third -party contractor equipment has the provisions to utilize electrical power, Operator shall require such third -party contractors to only use electricity to power its equipment at the site In emergency situations, Operator shall be permitted to utilize non -electric generators until such time as electrical power can be restored. Provided, however, these emergency generators shall be positioned in such a manner as to mininnizenoise _impacts on_ta adiacQnt residences. 7. Dust Suppression. Operator shall utilize its best efforts at all times to suppress all dust emissions from the Wellsite Location, These efforts shall include, but not be limited to, the use as options of mats, soil tack and/or liquid dust suppressants. 8. Wellhead Compression Housing. To the extent in Operator's opinion wellhead compression is necessary, Operator shall house all noise -related compression equipment in a structure that provides a high level of noise suppression available through the utilization of best management practices. 9. Storage and Parking. Operator agrees this site will not be used for storage or parking of any property other than that immediately required by Operator for its drilling, development and production activities. 10. Irrigation Water. Owner shall provide Operator with access to the golf course irrigation system as well as a water supply to facilitate the irrigation and maintenance of the landscaping to be performed by Operator pursuant to paragraph five (5) above. 11. Surface Use Agreement. These provisions incorporate and, at the same time, shall be considered a part of the SUA and all of its various exhibits. To the extent a conflict in the terms of this document and the SUA occurs, those terms more protective of the environmental and community interests of Owner and Battlement Mesa PUD shall control. 12. Consultation with Owner and Golf Course Operator. Operator agrees to consult with the Owner and Golf Course Operator regarding mitigation of Oil and Gas Operations on the use and enjoyment of the golf course. 38 • • Proposed break in median to allow access Access road to pad M +/ 20' high berm Golf cart path Willow Creek Village Trail realignment +/- 30' high berm Future access road to the Fairways f O JJJ s `- t The Fairways Phases 2,3+4 •`l 1 \ v / Well pa elevatir (10' lows. -in Battlement Mesa Parkway and 41' lower than the green on hole 6) �' Tee boxes for SSU Feet BATTLEMENT MESA PARACHUTE. COLORADO ANTERO RESOURCES t T� V f Drawing for nw,t,an.e perpo... only - ,vbien to change 'Exact organization and layout of pad to b. determined Area of enlargement Hole 6 Deciduous Trees Evergreen Trees d_at,.e{ Shrub Mass'ngs Notm seers ottPlo 01/19/09 SCHEMATIC DESIGN: PAD M DESIGN\\( ) },ARV • • BATTLEMENT MESA PARACHUTE, COLORADO ANTERO RESOURCES 01/19/09 LIGHT EXPOSURE: PAD M DESIGNW Olt h:-,1 • PLANT TYPE QUANTITY TREES COLORADO SPRUCE WESTERN COTTONWOOD SHIMS ROCKY MOUNTAIN JUNIPER MOUNTAIN SAGE 12ABBITBRUSH GROUN9COVERS SEEDMIX 58 75 775 1,549 775 129,566 SF 'Note: Al Cobrado Spruce bees shall have 0 rrwYrstum Fr51a191ion height of 10'. Cottonwood trees -shall have o mYhrnim Ire.Potion caliber o13" one of shrubs 0.1 be a ...Atm keMkslion she of 1 goon. BATTLEMENT; MESA PARACHUTE. COLORADO • Not/03c.. 01/19/09 PLANTING PLAN: PAD M ANTERO RESOURCES I DESIGMVTHih511OP Exhibit D Reclamation Plan AFFECTED COMMUNITIES/HABITATS The affected community and habitats of each Wellsite Location and the Pipeline Easements will be established. Site vegetation may consist of sagebrush and grasses. PRE -DISTURBANCE INVENTORY AND SITE PLANNING • Location plats for each Wellsite Location, Access Roads and Pipeline Easements will be created along with a legal description The vegetation reference area will be identified for each will be documented by photographs. Site planning and proposed fencing of disturbed areas will be documented. TOPSOIL AND SUBSOIL DETERMINATION AND SALVAGE An inspection of the soils at the proposed Wellsite Location, Access Roads and Pipeline Easements will be conducted. Immediately after soil samples are collected they will be placed in a cooler to preserve nitrate/nitrogen levels. Soil samples will be submitted to a lab for analysis of the following parameters: • soil texture • pH • sodium absorption ratio • electrical conductivity • saturation percentage • selenium • nitrogen content • phosphorus content • potassium content • cation exchange capacity • organic matter content The soil series and soil horizons will be identified for each well pad. GUIDELINES FOR TOPSOIL AND SUBSOIL STRIPPING The soil color differences and a slight texture difference will be identified for each soil series. The A horizon should be stripped to a depth as per the COGCC Series 1003 rule and stockpiled as topsoil separately. Soil salvaged in this manner will help assure a substantial volume of favorable growth media. 39 • SOIL STOCKPILING The stockpiled soil material not utilized in berming, wellpad construction and Access Roads for and to the various Wellsites shall be located on Wellsite F as indicated on the Schmueser Gordon Meyer schematics dated 1/20/09 and, where applicable, Design Workshop. TEMPORARY REVEGETATION EFFORTS The soil stockpile, as well as cut and fill slopes, will be seeded immediately after the well pad disturbance. The seed mixture will consist of grass species which appear on the BLM list of recommended seed mixes. The seed mixture may be hand broadcast and drag harrowed and/or hand raked to get good soil contact. SOIL AMENDMENTS AND FERTILIZERS The results of the soil inspection will be used to determine the appropriate soil amendments and fertilizers and the depth of their application. STABILIZATION AND INTERIM RECLAMATION Interim reclamation will be performed in accordance with COGCC Series 1003 rules. The objectives of stabilization and interim reclamation will be as follows: 1. Stabilization of the disturbed areas will be conducted by providing wind and water erosion control to reduce soil loss. 2. Utilize the prescribed seed mixture and additional vegetation practices as described below to establish a self-sustaining vegetative rangeland cover. Operator shall utilize irrigation as necessary during the course of interim reclamation measures to assist in the establishment of plant life at the site consistent with good reclamation practice. All interim reclamation shall be consistent with Exhibit C Wellsite requirements. BACKFILLING, GRADING, AND RE -CONTOURING Reclaimed areas will be sloped to 3:1 or less. A flat area will be maintained for well servicing and potential future additional drilling efforts. Further drill pad reduction may be possible based on landowner requirements and/or site conditions. TOPSOIL REPLACEMENT Soil salvaged when the wells are drilled will be redistributed over the soil surface after subsoil has been replaced and additional backfilling,_grading, and_re-contouring steps have been completed as described below. Soil will be replaced by using front-end loaders, 40 trackhoes, and dozers. Soil will not be replaced when it is excessively wet and frozen so as to jeopardize soil structure. • SEEDBED PREPARATION/SOIL TILLAGE Seedbed preparation and soil tillage will be completed after the application of subsoil, topsoil, and any soil amendments. Soil tillage will be to a minimum depth of 4" utilizing a disk, chisel plow, or harrow. Seedbed preparation will also include removal of coarse fragments (rock material) that exceed 35% to 40% of the soil surface as well as rocks 8" in diameter that occupy more than 10% of the soil surface. SEEDING METHODS AND TIMES • • If interim seeding is performed in the spring, it will be accomplished by May 15; if fall seeding is performed, it will be completed after August 30 and before the soil freezes. Both temporary and interim vegetation efforts will consist of drill seeding with a rangeland drill to a planting depth of 1/4" to l/" on slopes 3:1 or flatter. Broadcast seeding, followed by harrowing or hand raking to lightly cover the seed with soil, will be used on slopes steeper than 3:1 or areas inaccessible for drill seeding equipment. All well sites, access roads, and flow line and gathering line right-of-ways will be mulched immediately after seeding and no later than 24 hours after seeding with a weed -free straw or grass hay material. Grass hay mulch will be applied at 1 1/2 tons per acre, or straw mulch will be applied at 2 tons per acre. Mulch material will be crimped into the soil surface with a commercial mulch crimper, a straight disc, or bulldozer tracks if too steep to otherwise crimp mulch in place. SEED MIXTURES The seed mixtures will be those as recommended by the BLM for the appropriate habitat or affected community and or as requested by the landowner. EROSION CONTROL BLANKETS AND OTHER SPECIAL PROVISIONS FOR EROSION CONTROL Erosion control procedures will be specified by the site specific Storm Water Management Plan (SWMP) as required by the Colorado Department of Public Health and Environment, Water Quality Control Division. The SWMP will include, among other things, detailed descriptions of erosion control best management practices (BMPs). The location of each site specific BMP will be identified on a plat. NOXIOUS WEED CONTROL PLAN The location will be inspected three times per year by a qualified person. Based on this inspection, methods, materials, and timing of weed control measures will be specified. Weed control inspections and response measures will be documented. A table of the noxious weeds of concern to Garfield County is presented below. _ Table 1: Garfield County Noxious Weed List 41 Scientific Name/Common Name Cirsium arvense Canada thistle Cichorium intybus Chicory Arctium minus Common burdock Linaria dalmatica Dalmatian toadflax Centaurea diffusa Diffuse knapweed Cardaria draba Hoary cress Cynoglossum officinale Houndstongue Aegilops cylindrica Jointed goatgrass Euphorbia esula Leafy spurge Carduus spp. Musk thistle Crysanthemum leucanthemum Oxeye daisy Carduus acanthoides Plumeless thistle Lythrum salicaria Purple loosestrife Centaurea repens Russian knapweed Elaeagnus angustifolia Russian olive Tamarix parviflora, Salt Cedar Tamarix ramosissima, Salt Cedar Onopordum acanthium Scotch thistle Centaurea maculosa Spotted knapweed Centaurea solstitialis Yellow starthistle Linaria vulgaris Yellow toadflax Source: Garfield County - Noxious Weed List, 2007. FINAL RECLAMATION Successful final reclamation of the Property shall consist of compliance with the provisions of this Exhibit D and full compliance with the then -applicable provisions of COGCC Rule 1004.e or such comparable provision as is in effect at the time of such final reclamation. Prior to final reclamation of Wellsites L and M, Operator and Owner agree to confer and determine between themselves what form the final reclamation of these Wellsites shall take. The agreement reached between these parties shall be reduced to writing and executed by both for submission to the COGCC, In the event no agreement can be reached, Operator shall reclaim these Wellsites as set forth above. 42