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Home My WebLink About1.01 Supplemental Submittals & ConditionsPage 1 of 1 Richard Wheeler From: Steve Anthony Sent: Monday, November 28, 2005 11:34 AM To: Richard Wheeler Subject: Encana weed plans Hi Richard All the Encana Weed Plans you have sent me the last few weeks are fine. These are: Orchard Compressor Shale Material Pit Drill Cuttings Disposal Cell Thanks Steve 49 11/28/2005 • • • NOV 1 7 2005 Orchard Compressor Wildlife Assessment and Mitigation Plan Garfield County Special Use Permit Condition Prepared for: EnCana Oil & Gas (USA) Inc. Prepared by: WestWater Engineering (In coordination with Wagon Wheel Consulting) November 2005 Introduction The EnCana Oil & Gas (USA) Inc. (EnCana) Orchard Compressor is six acres located north of the Una Bridge and south of Interstate 70, US 6, and the Union Pacific Railroad in Garfield County, Colorado, SE ''/ SW '/4 Section 27, Township 7 South, Range 96 West of the 6th Principal Meridian (Figure 1). The landscape is dominated by the Bookcliff escarpments of the Roan Plateau, Interstate 70, and the Union Pacific Railroad. Photo 1. EnCana Orchard Compressor Site on 11/10/05. US HWY 6 and RR slightly above the project while 1-70 is closer to the base of the cliffs in the photo. Located on an alluvial terrace of the Colorado River, the soils are derived from deposition both by ancient flood sediment from the Colorado River and mass wasting of the Bookcliffs escarpments prior to settlement. Soils are poorly aggregated with a clayey pan on the surface resulting in poor surface water infiltration. TOPOi map printed on 11/15/05 from "Untided.tpo" 74,8000m E. 74900om E. 750000m E. 7510604m, E. -r z Z -' 40 Srra 4. Z • i to 2 5 sae • Figure 1. Orchard Compressor Location Map EnCana Oil & Gas (USA) Inc. Flag Marks Approximate Center of Site November 10, 2005 WestWater Engineering 7486UOm E. •TH 1 l54° 749060m E, 0 at0m I -El! 750o{19mE. 0 500 1ME moo Mf THIS Map created with TOPOte 02003 xatiaaa cec he (www.netio>yatevgapbic.eom/topo) WG584 Zone 125 752000r,.E, • • • Photo 2. Clayey Pan Soils and Water from 10-29-05 surface runoff on adjoining property east of EnCana Orchard Compressor. precipitation on October 29, 2005 in the area surveyed. Two plant communities are found adjacent to the site. One, greasewood- saltgrass is indicative of the poor infiltration capacity of the surface soil but high water retention capacity once saturated. The other, shadscale-mat saltbush is indicative of poorly aggregated, dry, sandy loam high in halides and alkaline. Neither plant community had any coarse or fine, vegetative litter on the soil surface. Surface soils around the site show recent sheet flow of surface run-off from Site Inspection and Survey A site inspection was conducted by WestWater Engineering (WAVE) on November 10, 2005. The perimeter and adjoining lands were closely observed for plant communities, listed noxious weeds, soils and wildlife. Additionally, Colorado Division of Wildlife personnel were contacted in regard to wildlife and this site. Potential Wildlife Occurrence Due to the physiographic juxtaposition of the Colorado River, north slopes of the Battlements, Wallace Creek and Alkali Creek and Bookcliffs in relation to the site, a high diversity of wildlife could be expected to be observed passing over, nearby, or through the site seasonally. The following table lists species which could reasonably be expected to be observed at some time during the year in the vicinity of the site. Very few of the listed species are expected to be observed year round. Most observation potential is expected to be seasonal. Table 1. Common Wildlife Species in Orchard Compressor Vicinity* *Not to be construed as having been found on site or having principle habitat on site **When found in Garfield County Common Name Scientific Name Occurrence Abundance** Fish Flannetmouth Sucker Catostomus latipinnis Known to occur Fairly Common Humpbacked Chub Gila cypha Historic range Not found Roundtail Chub Gila robusta Known to occur Historic range Fairly Common Not found Colorado Pikeminnow Ptychocheilus ducats Razorback Sucker Xyrauchen'exarms Historic range Not found Brown trout rSalmo trutta Known to occur fairly Common Amphibians Woodhouse's Toad Bufo woodhousii Known to occur Common Birds American Crow iCorvus brac yrhvnchos Known to occur Fairly Common American Dipper Cinclus mexicanus Known to occur Uncommon American Kestrel Falco spare erius ,Known to occur Fairly Common American Pere a ne Falcon Falco , • re • rims anatum Known to occur Rare American Robin. Turdus migratorius mown to occur _ Common Bald Eagle Haliiaeetus leucocephalus Known to occur Unknown Belted Kingfisher Ceryle alcyon Known to occur Fairly Common Bewick's Wren Thryomanes bewickii Known to occur Fairly Common Black -billed Magpie Pica pica `Known to occur Common Black -capped Chickadee Poecile atricapillus Known to occur Fairly Common Black -throated Gray Warbler Derulroica nigrescens Eu ha cyanocephalus )(flown to occur Known to occur Common Common Brewer's Blackbird Brewer's Sparrow breweri Known to occur Common Brown -headed Cowbird Molothrus ater Known to occur Common Bushtit fsaltriparus minimus Known to occur Uncommon Canada Goose Branta canadensis Known to occur Common Common Goideneye ,Bucephala clangula Known to occur Unknown Common Grackle Quiscalus quiscula Known to occur Uncommon Common Merganser merganser Known to occur Uncommon Common Nighthawk {Mergus Chordeiles minor Known to occur Common Common Raven Corvus corax Known to occur Common Common. Snipe Galliinago gallinago ,,Fairly Known to occur Uncommon Cooper's Hawk Accipiter cooperii _ Known to occur Uncommon Dark -eyed Junco Junco hyemalis _Known to occur Common European Starling Storms vulgaris Known to occur Abundant Field Sparrow Spizella pusilla Known to occur Unknown Golden Eagle Aquila chrysaelos Known to occur Uncommon Gray Flycatcher Emytridonax wrightii Known to occur Fairly Common Great Blue Heron ,trdea herodias Known to occur Common Horned Lark Eremophila alpestris Known to occur Fairly Common House Finch Carpodacus mexicanus Known to occur Common House Sparrow Passer domesticity Known to occur Common Killdeer Charadrius vociferus Known to occur Fairly Common Lesser Goldfinch Carduelis psaltria Known to occur Fairly Common MacGillivray's Warbler Oporornis tolmiei Known to occur Fairly Common Mallard rtnasplatyrhynchas Known to occur Common Merlin Falco columbarius Known to occur Unknown Mountain Chickadee Poecile gambeli Known to occur Common • Mourning Dove Zenaida macroura Known to occur ommon Red Crossbill Loxia irostra Known to occur ncommon Red-tailed Hawk Buteo jamaicensis Known to occur ncommon Red -winged Blackbird Agelaius phoeniceus Known to occur bundant Rock Dove Columba livia Known to occur ommon Ruby -crowned Kinglet Regulus calendula Known to occur ommon Greater Sage Grouse Centrocercus urophasiamrs Known to occur ncommon Sage Sparrow Amphispiza belli _ Known to occur ncommon Sage Thrasher Oreoscoptes montanus Known to occur ncommon Song Sparrow Melospiza melodia Known to occur R airly Common Spotted Towhee Pipilo maculatus Known to occur ommon Turkey Vulture Cathartes aura Known to occur airly Common Vesper Sparrow Pooeceies gramineus Known to occur ommon Violet -green Swallow Tachycineta thalassina Known to occur ommon Western Bluebird Sialia mexicana Known to occur Western Kingbird Tyrannis verticalis Known to occur f airly Common Western Meadowlark Sturnella neglecta Known to occur ommon Western Screech -Owl Otus kennicottli Known to occur nknown Mammals American Elk. Cervus elaphus Known to occur bundant Big Brown Bat Eptesicus fuscus Known to occur • bundant Bobcat Lvnx rufus Known to occur ommon Coyote Canis latrans Known to occur bundant Deer Mouse ,Peromyscus maniculatus Known to occur bundant Desert Cottontail Sylvilagus audubonii Known to occur ommon Gray Fox Urocyon cinereoargenteus Known to occur i airly Common House Mouse Mus musculus Known to occur bundant Mountain Lion Fells concolor Known to occur ommon Mule Deer Odocoileus hemionus Known to occur bundant Raccoon Procyon lotor Known to occur bundant Red Fox Vulpes vulpes _ Known to occur ncommon Striped Skunk Mephitis mephitis Known to occur bundant White-tailed Jackrabbit Lepus townsendii Known to occur ommon Reptiles Fence Lizard. Scelaporus undulatus Known to occur ommon Racer Coluber constrictor Known to occur ncommon Sagebrush Lizard Sceloporus graciosus Known to occur ommon Discussion The subject property and immediate vicinity is, in general, poor quality wildlife habitat. Evidence, including absence of vegetative litter, suggests a long history of sheep grazing. The site is in an open, shrubby area as can be seen in the photos. Interstate Highway 70 and the Bookcliffs dominate the landscape to the north while the Colorado River riparian forest and shrub lands and meadows and forests of the north slope of the Battlements dominate the landscape to the south of the site. Most wildlife observed from the site are expected to be moving or passing through. For example, American elk can sometimes be found milling in the open nearby during extreme winter weather conditions combined with harassment from humans or their dogs. While they may be observed nearby, this species, as with most mentioned, is not dependent on the EnCana site. Occasionally, American elk and mule deer wander onto or are startled onto nearby 1-70 where they are often killed by vehicles. Most birds listed in Table 1 are listed due to the nearby presence of the Colorado River and a gravel mine pond. Smaller species such as Brewer's sparrows and western bluebirds do depend on the adjoining shrublands for food, cover, and, in some cases, nesting. As the industrial capacity of the Una area increases to its full potential, these shrublands will further disappear and these species will be less likely to be found on or observed near the site. Habitat for these species is not likely critical in the Una industrial area. Fish listed with "Historic Range" were once present in the nearby river and may become so again due to fish ladders constructed and proposed around diversions in Debeque Canyon. Flannelmouth suckers and roundtail chubs were once plentiful as recently as the late 1970's but numbers have declined and those two species populations are thought to be in decline. Brown trout, though not always plentiful, can be found nearby. Wildlife Mitigation Little can be done by EnCana on the site for wildlife mitigation. Greater than 90% of the site is developed and it is a relatively small site compared to the surrounding landscape. The following measures are recommended to be implemented by EnCana to maximize wildlife protection. Re -seeding. Temporary disturbances on EnCana property have been recommended to be re- seeded with native grasses and shrubs as well as an introduced, short-lived but highly wildlife - desirable, non -bloating legume. In addition, listed noxious weeds of Garfield County have been identified and control measures recommended. These measures are described in the Integrated Vegetation and Noxious Weed Management Plan for the Orchard Corepressor. Fence Removal. The south and west property lines have wildlife un -friendly, five wire, and 42 - inch high barbed wire fences (Figure 2). It is recommended these fences be removed or re- constructed with 3 or 4 barbed wires spaced so smaller mammals can crawl under or larger mammals can leap over. The two top wires must be far enough apart they can't twist around the legs a leaping mammal thereby entrapping it. Fisheries Protection. Appropriate implementation of the Stromwater Management Plan required by Garfield County and revegetation recommended in the Orchard Compressor IVWMP are expected to protect fisheries resources. Ipnri 1:1 1 11 :4 Iilh"111Z :144 • 4C: .tttt RV CON PLIAMCIE AND COMPR'' SOUND LEVEL MEASUREMENT EnCana Orchard Compressor Station Parachute, Colorado • ^rwystwatimearilagiga IMMO -xivfm, rr- August 23, 2006 DRAFT PREPARED FOR: Enviro Noise Control PREPARED BY: ATCO • Enviro Noise Control — EnCana Orchard Compressor Station ATCO Noise Project 680500 M1 Maf � �m dd August 23, 2006 DRAFT TABLE OF CONTENTS EXECUTIVE SUMMARY TABLE OF CONTENTS ii List of Figures iii List of Tables 1.0 INTRODUCTION 4 1.1 Background 4 1.2 Site Description 5 1.3 Station Operations 5 1.4 Measurement Locations 5 2.0 NOISE CRITERIA 8 2.1 COGCC Aesthetic and Noise Control Regulations 8 3.0 MEASUREMENT PROCEDURES 10 3.1 Methodology 3.2 Instrumentation and Setup 3.3 Meteorological Conditions 10 11 11 4.0 MEASUREMENT RESULTS AND ANALYSIS 12 4.1 Compliance Sound Level Measurements 12 4.2 Residential Sound Level Measurements . 13 4.2.1 Residential Location R 1 13 4.2.2 Residential Location R ' 14 4.2.3 Residential Location R 3 15 4.2.4 Residential Location R 4 17 5.0 CONCLUSION 19 REFERENCES 20 APPENDIX A: Guide and Abbreviations Used 21 APPENDIX B: Meteorological Conditions During Measurement Periods 22 APPENDIX C: Measurement Results at Residential Locations ... )S it Enviro Noise Control — EnCana Orchard Compressor Station Project 680500 August 23, 2006 DRAFT ATCO Management 1.0 INTRODUCTION 1.1 Background ATCO Noise Management (ATCO) was retained by Enviro Noise Control (Enviro) to carry out a compliance and comprehensive sound level survey for the Orchard Compressor Station (Station) owned by EnCana Oil Gas US Inc. located near the Town of Parachute, Colorado. The station is currently comprised of three Caterpillar 3516 gas compressors with expansion to house more units planned. The survey scope and objectives are summarized as follows: • Visit the Compressor Station site and identify the noise sensitive areas (NSA) in the vicinity; • Conduct the compliance noise measurements at 350 ft from the compressors according to the COGCC noise criteria. ATCO is to record the existing noise levels during the day -time (7:00 AM to 7:00 PM) and nighttime (7:00 PM to 7:00 AM); • Conduct the comprehensive long-term noise measurements during the day -time and nighttime at the concerned residences. ATCO will record the noise levels in terms of Leg, Lot, L05, L10, L50, L90, L99, in the One -Third Octave Band Frequency range from 16 Hz to 12.5 kHz; • Compare the measured results of the compliance noise measurement results with the COGCC noise criteria; • Measure the real ambient sound levels at the residential locations during the station shutdown, to determine the noise impact from the station; and • Summarize the measurement results in a comprehensive sound level report suitable for submission to approval authorities. This report is to be used as supporting information or for use in any future assessments of noise at the station site. ATCO representatives visited the station and conducted sound level measurements from Wednesday, August 9th to Friday, August 11`h, 2006. ATCO conducted the long-term sound level measurements at four nearby residential locations and three far field compliance measurement locations located 350 feet from the compressor units, each in the direction of the residences. This report contains information related to noise, including statistical descriptors often used to describe and define the temporal characteristics of community noise: the equivalent sound level L„i, and percentile sound levels of L01, 145, L10, L. L90, and L99; and One -Third Octave Band Frequency levels of sound pressure level. A glossary of acoustical or sound level terminology is given in Appendix A. 4 Enviro Noise Control - EnCana Orchard Compressor Station ATCO Alaise Management Project 680500 August 23, 2006 DRAFT railway are located on the east and west side respectively. The acoustic environment at this location was dominated by heavy traffic noise from two highways and the railway. Residence 2 (R 2): Residence 2 is located on the north side of Parachute Una Rd. The sound level meter was situated outside the private property fence line and 3,656 feet south of the station. The GPS coordinates for the sound monitoring location are N 38° 23'38.7" W 108°05' 37.9". A drilling rig was located to the west of the residence about 430 ft from the monitoring location. Noise generated from the drilling rig operation and the vehicle traffic along the road dominated the acoustic environment. Residence 3 (R 3): Residence 3 is on the east bank of the Colorado River, northeast of R2, and 2912 ft from the compressors. The sound level meter was situated in the backyard of the residential property. The coordinates are N 39' 23' 51.5" W 108° 05' 32.0". The environment can be described as a relatively quiet, rural area especially at night when insect and natural noise dominates. Residence 4 (R 4): Residence 4 is situated 3,192 feet southwest from the station, and beside a bridge crossing the Colorado River on Parachute Una Rd. The sound level monitoring location was located outside the property fence line. The coordinates are N 39'23' 40.0" W 108'06' 09.3". The acoustic environment at this location was dominated by road traffic. Three far -field compliance sound level monitoring locations were selected, each at a distance of 350 ft from the compressors. The locations were at in direct line of sight with the residences and the noise propagation path from the noise sources. These locations are: Location 1: The sound level meter was situated 350 ft northeast of the compressors and oriented toward residential location R 1. GPS readings are N 39°24' 13,4" W 108°05' 56.0". Location 2: The sound level inc[er was situated at N 39°24' 05.8- W 108° 06' 01.8",: 350 ft southwest of the compressors and at the fence line of the station. Location 2 was oriented toward the residential location R 4. Location 3: The sound level meter was situated 350 ft southeast of the compressors and in direct line of sight of residential locations R 2 and R 3. GPS coordinates are at N 39°24' 08.8" W 108'05' 55.0". Figure 1 gives an aerial view of the station, the surrounding residences and compliance monitoring locations. 6 Enviro Noise Control — EnCana Orchard Compressor Station ATCO Noise Management Project 680500 ----- August 23, 2006 DRAFT 2.0 NOISE CRITERIA 2.1 COGCC Aesthetic and Noise Control Regulations The noise regulations that provide guidance on evaluating compliance for oil and gas operations are issued by the Colorado Oil and Gas Conservation Commission (COGCC). The following is a brief description of the regulation: 802. Noise Abatement B. Oil and gas operations at any well site, production facility or gas facility, shall comply with the following maximum permissible noise levels. Operations involving pipeline or gas facility installation or maintenance, the use of a drilling rig, completion rig, workover rig, or stimulation is subject to the maximum permissible noise levels for industrial zones. The type of land use of the surrounding area shall be determined by the Commission in consultation with the local governmental designee taking into consideration any applicable zoning or other local land use designation. C. In the hours between 7:00 C7.111. and the next 7.00 p.m. the noise levels permitted below may be increased ten (10) c1B(A) for a period not to exceed fifteen (15) minutes in any one (1) hour period The allowable noise level for periodic, impulsive or shrill noises is reduced by (5) dB(A) from the levels shown. ZONE 7:00 am to next 7:00 pm 7:00 pin to rzext 7:00 am Residential/Agricultural/Rt iicrl 55 d13(A) 50 dB(A) Construction commencing after January 1, 2007: 50(1B (A) 45 dB(A) Commercial 60 dB(A) 55 dB(A) Light industrial 70 dB(A) 65 dB(4) Industrial 80 c1B(A) 75 dB(4) In remote locations, there there is no reasonably proximate occupied structure or designated outside activity area. the light industrial standard !nay be applicable. Pursuant to Commission inspection or upon receiving a cornplcrint from a nearby property owner or local governmental designee regarding noise related to oil and gas operations, the Commission shall conduct an onsite investigation and take sound measurements as prescribed herein. The following provide guidarrcce for the measurement of sound levels and assignment of points of compliance for oil and gcis operations: (1) Sound levels shall be measured at a distance of three hundred and filly (550) .feetfrom the noise source. At the request of the complainant. the sound level Enviro Noise Control -- EnCana Orchard Compressor Station ATCO Noise Management Project 680500 ---....-- ------ August -----August 23, 2006 DRAFT 3.0 MEASUREMENT PROCEDURES 3.1 Methodology In accordance with the COGCC noise regulation, ATCO conducted the long-term sound level measurements at the identified measurement locations during the day and night. The measurements were also performed in accordance with ANSI standard S12.9 -R 1993, "Quantities and Procedures for Description and Measurement of Environmental Sound", ANSI S12.18 — 1994, "Procedures for Outdoor Measurement of Sound Pressure Level". and other appropriate standards. The sound level measurements were made with the sound level meters set on both the A - weighting and linear scales. These scales simulate the response of the human ear to noise and describe the content of environrnental sounds in the measurement samples. The meters were calibrated at the beginning and end of each measurement. A windscreen was placed on the microphones of each sound level meter to reduce the effects of wind - induced noise. The microphone heights were approximately 4 feet above ground level. Compliance Sound Level Measurements At the compliance sound level monitoring locations, which are at 350 ft from the noise source- compressors, sound levels were recorded over 6 hours at Location 1 and 3, and over 15 minutes at Location 2 during the daytime (7:00 AM to 7:00 PM) and nighttime (7:00 PM to 7:00 AM). Sound levels were recorded in terms of the equivalent sound level Leg; and also percentile sound levels, L9i, L05, L10, L50, L90 L99; and detailed One -Third Octave Band sound levels in the frequency range from 16 Hz to 12.5 kHz at each identified location in conformance to the COGCC section 802. The purpose of the measurements was to capture the noise generated by the compressor station; compare the noise level with the COGCC noise regulations; and then verify the compliance status of the station. Residential Sound Level Monitoring At residential locations R 1 and R 3, continuous long-term sound level monitoring was conducted for over 24 hours. At locations R 2 and R 4, measurements were taken for a minimum 15 minute sample interval period during the daytime and nighttime. ATCO set a 15 -minute measurement interval and recorded the noise levels in terms of the equivalent sound level L,11; percentile sound levels, L01. La;, L10, L50, L90. L99; and detailed One -Third Octave Band sound levels in the frequency range from 16 Hz to 12.5 kHz at each identified measurement location. Audio recordings were collected continuously at locations R 1 and R 3 throughout the survey period. These recordings were used to identify specific noise events. -ii l - '. ° axa� �_ ., :.;.,xi<iti m'se"� '; '"'? s:' g'o 7 i: '= '�... s;, .-�,. ..no- ••Jr 1,_ 10 Enviro Noise Control — EnCana Orchard Project 680500 August 23, 2006 Compressor Station ATCO Noise management DRAFT 4.0 MEASUREMENT RESULTS AND ANALYSIS 4.1 Compliance Sound Level Measurements Compliance sound leve] measurements were conducted at Locations 1, 2 and 3, which are to be 350 ft from the compressors, according to the COGCC noise regulations. Measurements were taken over 5 hours at Location 1, over 15 hours at Location 3, about 1 hour at Location 2. Sound levels in terms of the equivalent sound level Leq are averaged over the measurement periods during the daytime (7:00 AM to 7:00 PM) and nighttime (7:00 PM to 7:00 AM), respectively. Table 1 summaries the average sound levels and measurement periods at each location, and compares them with the COGCC noise regulation. Table 1: Averaged Sound Levels at 350 ft from Compressors, dB re 20 µPa Location v Measurement Period Sound Level Daytime dBA Sound Level Nighttime dBA COGCC Noise Limit Compliance Status Day/night dBA My/night Location 1 4:00 PM — 7:00 PM, Aug 10 59.2 - 55/50 No 7:00 PM -- 9:57 PM, Aug 10 60.1 55/50 No Location 2 5:48 PM — 6:06 PM, Aug 10 61.3 55/50 No 9:50 PM — 10:50 PM, Aug 10 64.7 55/50 No Location 3 11:06 AM -- 3:54 PM. Aug 10 7:00 AM — 9:00 AM, Aug 11 58.4 35!50 No 10:19 PM — 7:00 AM, Aug 10, 11 52.4 55/50 No Comparing the average sound levels with the COGCC noise regulations indicates that noise levels. at 350 ft from the Orchard Compressor Station exceed the allowable noise levels, which are 55 dBA daytime and 50 dBA nighttime. From the measurement data, it was found that sound levels measured in the nighttime periods were higher than those measured during the daytime. This finding is due to different air temperature gradients during the daytime and nighttime which occurs especially in this arid mountain area. During the nighttime, temperature frequently increases with altitude (temperature inversion) and this likely resulted in sound propagation being diffracted down towards the ground, causing an increase in the noise levels measured at ground level. Detailed measurement results at Location 1, 2 and 3 are attached in Appendix C. 12 Enviro Noise Control — EnCana Orchard Compressor Station AirCriNaise ‘140 Management Project 680500 August 23, 2006 DRAFT Sound Pressure Level (dBA) L., x.. ,la 0 01 0 0 Gl 0 0 0 0 .-4 0 1111. 1 ..o mpres sor station ...... II" 4 Illy ... ... . shutdown I 1. Ibp - Atubtont #4 ! it . _ < 0 0 ,.... < 0 . ,,,,, << 0 0 0 0 ,:.,.. a. < .0 C - — 0 r.-• O. . ru ° 4 2 2 2 7 7 7 0- 0- - -. r= ... ... 0- °. < . . .D00000,, . . . . ° 0 ? 0 0 n T 6, .. r- .. , - e-.. Time of Day 7 7 < < a a C. C. - 7 < a 0 2 < a . 7 < c. . 7 < -, . — Residence 1 LAeq —L90 —L10 Figure 2: Measured Sound Levels at R 1 Comparing the Leq sound level curve with the Lioand L90 sound level curves, one can see that the Len levels are very close to 1_10 levels, and there is a significant gap between L„1 levels and L,90 levels. This means that the measured level at R 1 is mainly dominated by traffic noise from Highway 6&50 and Interstate highway 170, and the noise contribution generated by the compressor station is much lower than the measured Leq level and within a 40 to 50 dBA range. 4.2.2 Residential Location R 2 R 2 is located besides Parachute Una Rd and an operating drilling rig. Table 3 summarizes the averaged sound levels over the measurement periods at R 2. 14 Enviro Noise Control — EnCana Orchard Compressor Station ATCO Norse Management Project 680500 August 23, 2006 DRAFT 4000 1-Iz. The audio recording also confirmed that insect noise dominated the sound files during the night. Table 4 shows that the ambient sound level at R 3 when the compressor station is shutdown is higher than the comprehensive sound level at nighttime. However, it can be seen from Figure 3 that this 1 -hour ambient sample was within a period of elevated sound levels (from about 9:00 PM to 1:00 AM). In contrast, the overall nighttime sound level indicated in Table 4 is averaged over 11 hours (except 1 hour while the station shutdown), which included extended periods with reduced sound levels compared to the ambient period. Therefore, the ambient sample level could be less if located during a different nighttime period. 65 – Cruising helicopter, people yardwork Flyover airplane & helicopter people activities Compressor station shutdown - Ambient 1 43 35 Cringing hrlteupter .Tram ho+n. FIvovcr aorplanc 2 2 2- 2 2 z 2 2 7 2 2 - 2 2 z 2 2 2 2 2 2 d < c. .. o. ., .. ¢ 4 d Q ¢ E C < C ,n +n ,r, n n r, n en v, u-, ,n ,F: v, ,n - , , . ,n n .n n w ry v, -.7 n mo a r- — ri r, -r ,n .0 N x Time of Day —Residence3LAeq —L90 Figure 3: Measured Sound Levels at R 3 16 Enviro Noise Control — EnCana Orchard Compressor Station,4T00 Noise Management Project 680500------,,. August 23, 2006 DRAFT Three short spot check measurements were conducted at R 4 during the day and night respectively. Table 5 shows that the measured nighttime Leis level at R 4 was almost the sante as the ambient sound level. This could be interpreted that the acoustic environment at R 4 is not influenced by the operation or shutdown of the compressor station. From the observation, the vehicle traffic along the road dominates the acoustic environment at R 4. 118 Enviro Noise Control — EnCana Orchard Compressor Station ATC0 t fa ce Management Project 680500 August 23, 2006 REFERENCES DRAFT ANSI SI.1 — 1960 (RI1976), Acoustical Terminology; ANSI 51.11- 1986 (R11993), Specification for Octave -Band and Fractional —Octave Band —Analog and Digital Filters: ANSI S1.4-1983 (81985), Specification for Sound Level Meters; ANSI 512.9-1988 Quantities and Procedures for Description and Measurement of Environmental Sound Parts 1, 2 and 3; ANSI SI.26-1978, Method for the Calculation of the Absorption of Sound by the Atmosphere; ANSI B133.8-1977, Gas Turbine Installation Sound Emissions; ANSI S12.8-1987, Methods for Determining of Insertion Loss of Outdoor Noise Barrier; ANSI 512.23-1989, Method for the Determination of Sound Power Emitted by Machinery and Equipment; ANSI 512.34-1988, Engineering Methods for the Determination of Sound Power Levels of Noise Sources for Essentially. Free -Field Conditions over a Reflecting Plane; ISO Standard 9613, Attenuation of sound during propagation outdoors -- Part 1: Calculation of the Absorption of Sound by the Atmosphere, Part 2: General method of calculation; ASTM E413-87 (Re -approved 1994) Classification for Rating Sound Insulation; ASTM C423 -90a Sound Absorption and Sound Absorption. Coefficients by the Reverberation Room Method AGA Catalog No. 520069, 1969, Noise Control Reciprocating and Turbine Engines Driven by Natural Gas and [.,iquici Fuel, American Gas Association, December 1969, Table 34; EPA Report No. 55019-74-004, 1974, Information on Levels of Environment Noise Requisite to Protect Health and Welfare with an Adequate Margin of Safety, U.S. Environment Protection Agency, Washington, D.C., pg D-17; 'ds��'MaJI.�_. ,4111 20 Enviro Noise Control — EnCana Orchard Compressor Station Project 680500 August 23, 2006 DRAFT ATCONoiSe management APPENDIX 8: Meteorological Conditions During Measurement Periods )? Enviro Noise Control Project 680500 August 23, 2006 — EnCana Orchard Compressor Station ATCO Noise management DRAFT Friday, August 11 Thue(MDT) Tem peril ture I-111midit4 Wind Direction Wind Speed Conditions 12:53 AM 71.1 F! 21.7 °C 41% Calm Calm Clear 1:53 AM '8'0 °F / 20.0 °C 47% Calm Calm Clear 2:53 AM 64.(1 °Fl 17.8°C 52% WSW 3.5 mph 1 5.6 km/h Clear 3:53 AM 6a.(} °F 1 17.2 °C 54% Calm Cahn Clear 4:53 AM 61.o'F 1 16.1 °C 58% Calm Calm Clear 5:53 AM 59,Q °F 15.0°C 62% Calm Calm Clear 6:53 AM 60.1 °F / 15.6 °C 60% SSE 3.5 mph / 5.6 km/h Scattered Clouds 7:53 AM 64'9 °F J 18.3 °C _ 52% Calm Calm Clear 8:53 AM 69. I °F / 20.6 °C 47% Calm Cahn Clear 9:53 AM 73.9°F1 23.3 °C 4i% Calm Calm Clear 24 Enviro Noise Control - EnCana Orchard Compressor Station ATC 0 IV ctise management Project 680500 ----_. August 23, 2006 DRAFT w,s,,,,Apd•a_:,,-,:,,,i,,,.,,••,::-,,?. ,..,,klitx,f:4,we ,vv.7:,,,,,!-,,,.--• •-i-T-ii:a1,..-.4*-a,,,,i,-,,,,,,,,,,,, TABLE Cl Measured Sound Level Data at Residence 1 Date Time Duration L,„ Li 1.5 L10 L59 L90 L99 10 -Aug -2006 6:33:00 00:12:00 62.1 71.3 68.3 67.4 55.7 517 49.8 10 -Aug -2006 6:45:00 00:15:00 61.2 71.2 68.8 65.6 54.5 49.7 47.7 10 -Aug -2006 7:00:00 00:15:00 55.5 68.0 62.2 57.5 45.9 42.0 40.1 10 -Aug -2006 7:15:00 00:15:00 58.9 71.0 66.1 61.9 49.4 44.2 42.2 10 -Aug -2006 7:30:00 00:15:00 58.3 71.3 65.4 60.1 42.8 38.7 36.6 10 -Aug -2006 7:45:00 00:15:00 58,2 71.0 65.6 61.3 45.1 41.1 39.5 10 -Aug -2006 8:00:00 00:15:00 57.2 69.7 63.8 59.4 44.1 40.2 38.3 10-Au8-2006 8:15:00 00:15:00 57.1 69.0 63.8 59.9 43.1 40.1 37,9 10-Aug72006 8:30:00 00:15:00 57,6 70.2 65.4 61.3 44.3 40.2 38.3 10 -Aug -2006 8:45:00 00:15:00 57.5 69.6 65.3 61.8 43.3 39.9 _ 38.0 10 -Aug -2006 9:00:00 00:15:00 58.9 70.7 66.7 63.2 44.9 40.8 39.4 10 -Aug -2006 9:15:00 00:15:00 58.0 69.7 66.3 62.5 42.6 39.7 38.5 10 -Aug -2006 9:30:00 00:15:00 58.9 71.8 65.7 61.8 43.6 41.1 40.2 10 -Aug -2006 9:45:00 00:15:00 57.2 69.4 65.3 60.7 43.0 40.0 38.7 10 -Aug -2006 10:00:00 00:15:00 56.9 69.0 65.0 60,8 42.4 39.5 37.5 10 -Aug -2006 10:15:00 00:15:00 58.6 71.0 66.6 62.1 41.6 39.5 38.3 10 -Aug -2006 10:30:00 00:15:00 57.1 70.5 64.6 58.0 41.5 38.8 37.7 10 -Aug -2006 10:45:00 00:15:00 57.9 71.2 65.2 60.1 41.5 38.7 37.4 10 -Aug -2006 1100:00 00:15:00 58.4 70.4 65.2 61.0 41.3 39.2 37.9 10 -Aug -2006 11:15:00 00:15:00 56.6 70.0 64.0 58.2 41.0 38.5 36.9 10 -Aug -2006 11:30:00 00:15:00 56.4 68.9 64.2 60.0 43.0 39A 38.5 10-Au2-2006 11:45:00 00:15:00 56.8 68.7 65.1 60.8 40.9 37.6 35.4 10 -Aug -2006 12:00:00 00:15:00 60.7 73.5 67.3 63.3 45.8 38.2 36.6 10 -Aug -2006 12:15:00 00:15:00 57.8 69.6 65.5 62.4 44.1 39.7 38.2 10 -Aug -2006 12:30:00 00:15:00 54.8 68.7 62.0 56.6 41.6 39.2 373 10 -Aug -2006 12:45:00 00:15:00 55.5 69.0 62.4 57.7 42.2 39.3 38.3 10 -Aug -2006 13:00:00 00:15:00 59.9 73.8 66.4 62.4 44.3 40.2 38.8 10 -Aug -2006 _13:15:00 00:15:00 58.3 69.6 65.5 63.1 45.8 40.1 38.3 10 -Aug -2006 13:30:00 00:15:00 54.4 66.8 62.0 57.8 43.1 39.6 37.6 10 -Aug -2006 13:45:00 00:15:00 552 68.3 61.7 57.8 43.2 40.5 39.4 10 -Aug -2006 14:00:00 00:15:00 54.3 67.1 61.5 55.8 42.8 39.4 37.7 10 -Aug -2006 14:15:00 00:15:00 55.4 68.8 62.6 58.1 42.3 38.4 37.4 10 -Aug -2006 14:30:00 00:15:00 53.8 66.5 59.6 53.0 42.6 39.5 37.8 10 -Aug -2006 14:45:00 00:15:00 56.0 69.4 62.4 57.8 ' 45.2 42.4 40.9 10 -Aug -2006 15:00:00 00:15:00 55.0 68.0 62.8 57.7 43.4 39.4 36.4 10 -Aug -2006 15:15:00 00:15:00 54.5 66.9 60.5 56.7 42.5 38.8 37.1 10 -Aug -2006 15:30:00 00:15:00 62.1 76.0 68.5 64.0 43.5 38.8 : 37.4 10 -Aug -2006 15:45:00 00:15:00 55.1 66.8 63.2 58.9 43.8 49.1 38.1 10 -Aug -2006 16:00:00 00:15:00 55.6 66.8 63.5 60.0 17.2 42.8 41.1 10 -Aug -2006 16:15:00 00:15:00 57.2 70.1 63.9 59.9 43,7 39.8 37.1 10 -Aug -2006 16:30:00 00:15:00 55.2 68.5 60.4 51.5 42.9 40.4 39.3 10 -Aug -2006 16:45:00 00:15:00 58.5 70.7 66.1 62.4 41.5 38.1 36.5 - 26 Envire Noise Control - EnCana Orchard Compressor Station ATCO Management Project 680500 23, 2006 \ FT :511,1-MlattS4111strall.WLItifrim.1-1- 11-Aug-2006 4:30:00 00:15:00 51.6 64.1 54.8 52.6 47.1 42.5 39.4 11 -Aug -2006 4:45:00 00:15:00 51.0 61.3 56.3 53.7 48.3 42.7 38.4 11 -Aug -2006 5:00:00 00:15:00 57.3 67.8 62.6 60.0 54.0 48.7 46.6 11 -Aug -2006 5:15:00 00:15:00 50.3 69.2 60.6 57.8 52.8 49.3 47.0 11 -Aug -2006 5:30:00 00:15:00 55.1 65.5 612 57.4 51.0 46.9 44.5 11 -Aug -2006 5:45:00 00:15:00 58.7 69.4 64.1 61.6 54.6 46.7 44.6 11 -Aug -2006 6:00:00 00:15:00 59.5 69.7 66A 63.1 55.2 51.5 49.4 11 -Aug -2006 6:15:00 00:15:00 59.8 70.3 66.9 63.8 54.0 50.7 49.4 11 -Aug -2006 6:30:00 00:15:00 59.3 68.9 64.4 62.3 56.4 53.2 51.1 11 -Aug -2006 6:45:00 00:15:00 61.4 71.8 67.7 64.9 57.4 53.9 51.1 11 -Aug -2006 7:00:00 00:15:00 58.0 67.9 63.6 60.2 55.4 51.4 49.0 11 -Aug -2006 7:15:00 00:15:00 58.9 69.5 63.9 59.7 52.8 49,8 48.2 11 -Aug -2006 7:30:00 00:15:00 57.1 68.2 64.3 60.8 50.5 47.5_ 46.3 11 -Aug -2006 7:45:00 00:15:00 55.3 67.8 63.1 57.9 46.0 43.2 41.2 11 -Aug -2006 8:00:00 00:15:00 59.2 71.4 65.7 63.8 45.6 42.6 41.2 11 -Aug -2006 8:15:00 00:15:00 _ 56.9 69.7 65.2 59.1 43.2 41.2 40.1 11 -Aug -2006 8:30:00 00:15:00 53.0 66.2 59.5 52.0 43.5 41.2 39.7 11 -Aug -2006 8:45:00 00:02:07 54.2 66.1 61.6 58.6 45.5 43.5 42.6 28 Enviro Noise Control Project 680500 August 23, 2006 - EnCana Orchard Compressor Station 4TCO NQrse management DRAFT TABLE C3 Measured Sound Level Data at Residence 3 Date Time Duration L." L, L5 L/0 L;a L90 LAY 10 -Aug -2006 9:15:26 00:14:34 50.0 54.5 49.9 48.1 45.2 44.2 ' 43.5 10 -Aug -2006 9:30:00 00:15:00 48.4 583 54.0 50.3 45.5 44.3 43.6 10 -Aug -2006 9.45:00 00:15:00 45.2 49.8 47.9 46.8 44,6 43.5 42.7 10 -Aug -2006 10:00:00 00:15:00 43.9 47.4 45.8 45.2 43.7 42.4 41.8 10 -Aug -2006 10:15:00 00:15:00 43.4 47.4 45.2 44.5 42.9 42.0 41.4 10 -Aug -2006 10:30:00 00:15:00 43.0 47.0 45.1 44.5 42.7 41.2 40.5 10-Aug_2006 10:45:00 00:15:00 42.9 49.7 44.5 43,6 42.3 41.2 40.4 10 -Au, -2006 11:00:00 00:15:00 43.4 46.2 44.5 44.0 43.1 41.9 41.1 10 -Aug -2006 11:15:00 00:15:00 43,0 47,7 45.1 44.0 42.5 41.7 41.2 10 -Aug -2006 11:30:00 00:15:00 43.7 50.5 46.7 45.3 42.8 41.7 41.I 10 -Aug -2006 11:45:00 00:15:00 43.6 53.0 44.5 43.6 42.4 41.6 41.1 10 -Aug -2006 12:00:00 00:15:00 49.5 57.3 51.1 48.7 44.0 42.3 41.8 10 -Aug -2006 12:15:00 00:15:00 43.8 47,5 46.0 45.3 43.3 42.4 41.8 10 -Aug -2006 12:30:00 00:15:00 45.1 55.2 48.4 45.7 43.2 42.2 41.6 10 -Aug -2006 12:45:00 00:15:00 43.7 47.1 45.9 45.3 43.3 42.2 41.4 10 -Aug -2006 13:00:00 00:15:00 51.7 63.8 55.1 50.8 46.0 44.4 43.4 10 -Aug -2006 13:15:00 00:15:00 5L2 62.2 53.6 50.4 44.9 43.4 42.5 10 -Aug -2006 13:30:00 00:15:00 46.9 53.5 50.3 49.0 45.7 44.2 43.2 10 -Aug -2006 13:45:00 00:15:00 49.2 58,0 50.6 48.1 45.5 44.1 43.1 10 -Aug -2006 14:00:00 00:15:00 45.3 48.6 47.5 46.9 45.0 43,7 42.7 10 -Aug -2006 14:15:00 00:15:00 45.1 48.1 46.9 46.3 44.9 43.6 42.9 10 -Aug -2006 14:30:00 00:15:00 45.1 48.6 47.3 46.7 44.7 43.3 42.2 10 -Aug -2006 14:45:00 00:15:00 46.4 50,0 48.4 47.7 46.1 44.4 43.1 10 -Aug -2006 15:00:00 00:15:00 _ 44.8 492 47.4 46.5 44.2 42.7 42.0 10 -Aug -2006 15:15:00 00:15:00 43.8 48.8 46.3 45.3 43.1 42.0 41_2 10-Au2-2006 15:30:00 00:15:00 47.0 57.6 50.0 48.3 43.6 42.2 41.6 10 -Aug -2006 15:45:00 00:15:00 43,7 47.5 45.5 44.8 43.4 42.3 41.6 10 -Aug -2006 _16:00:00 00:15:00 45,0 48.8 46.9 45.9 43.8 42.7 42.2 10 -Aug -2006 16:15:00 00:15:00 43.0 46.5 44.4 43.8 42.8 41.8 41.2 10 -Aug -2006 16:30:00 00:15:00 43.8 47,3 45.7 45.0 43.6 42.5 41.8 10 -Aug -2006 16:45:00 00:15:00 42.2 44.5 43.4 43.0 42.0 41.4 40.9 10 -Aug -2006 17:00:00 00:15:00 -17.8 56.7 49.E 47.9 43.5 41.9 41.2 10 -Aug -2006 17:15:00 00:15:00 46.9 56.2 51.3 49.0 44.4 42.7 41.9 10 -Aug -2006 17:30:00 00:15:00 49.9 60.3 54.2 50.9 46.2 44.7 43.8 10 -Aug -2006 17:45:00 00:15:00 46.2 49.8 48.1 47.5 45.8 44.4 43.6 10 -Aug -2006 18:00:00 00:15:00 46.9 51.5 48.5 48.1 46.2 44.9 44.2 10 -Aug -2006 18:15:00 00:15:00 46.7 51.9 49.0 48.0 46.2 44.9 44.0 10 -Aug -2006 18:30:00 00:15:00 46.3 51.0 48.2 47.4 45.8 44.7 43.9 10 -Aug -2006 18:45:00 00:15:00 46.3 50.2 48.5 47.8 45.8 44.7 44,0 10 -Aug -2006 19:00:00 00:15:00 46.7 49.7 48.6 48.0 46.4 45.2 44.3 10 -Aug -2006 19:15:00 00:15:00 46.4 49,2 48.1 47.6 46.1 45.0 44.1 10 -Aug -2006 19:30:00 00:15:00 46.5 48.7 47.8 47.4 46.3 45.3 44.7 T'uL,l;a. al�ud`lf 30 Enviro Noise Control - EnCana Orchard Compressor Station ATCONoise Management Project 680500 -- August 23. 23, 2006 DRAFT 1 , A',,;: -.,;•-t ---1,&,,,,,211Wow4v7=!•:4, 11 -Aug -2006 ' 7:15:00 00:15:00 53.4 57.4 56.0 55.3 52.9 50.9 49.8 I 1 -Aug -2006 7:30:00 00:15:00 52.1 54.9 54.1 53.7 51.9 50.1 49.2 11 -Aug -2006 7:45:00 00:15:00 49.2 52.2 51.1 50.6 49.1 47.4 46.5 1 1 -Aug -2006 8:00:00 00:15:00 54.9 69.0 53,3 52.2 48.1 46.4 45.6 11 -Aug -2006 8:15:00 00:15:00 47.5 51.6 49.7 48.9 47.0 45.7 44.9 11 -Aug -2006 8:30:00 00:15:00 46.0 49.9 48.2 47.5 45.6 44.0 43.1 11 -Aug -2006 8:45:00 00:15:00 45.0 48.8 46.9 ' 46.2 44.7 43.5 42.6 11 -Aug -2006 9:00:00 00:15:00 46.5 50.2 46.8 45.7 43.6 42.3 41.7 11 -Aug -2006 9:15:00 00:00:45 46.5 52.4 49.3 48.0 45.6 44.1 43.4 Enviro Noise Control - EnCana Orchard Compressor Station ATCO management Project 680500 ----,p, ------- August 23, 2006 DRAFT i-,,,,utammi--.- , fik --,EirilIffa, -'-'‘.,DX.V'fridikts-glar 10 -Aug -2006 23:17:00 0:01:00 53.0 53.3 53.3 53.3 52.7 52.6 52.6 10 -Aug -2006 23:18:00 0:0 I :00 52.9 512 53.2 53.2 52.6 52.6 52.6 10 -Aug -2006 23:19:00 0:01:00 53.1 54.2 53.9 53.8 53.0 52.7 52.7 10 -Aug -2006 23:20:00 0:01700 53.8 54.7 54.7 54.6 53.7 53.2 53.2 10 -Aug -2006 23:21:00 0:01:00 53.5 54.5 54.0 53.9 53.5 53.1 53.0 0-Atig-2006 23:22:00 0:00:54 53.0 53.5 53.5 53.5 52.7 52.7 52.7 1 1 -Aug -2006 0:28:54 0:00:05 53.1 54.2 54.0 53.8 52.9 52.9 52.9 I1 -Aug -2006 0:29:00 0:01:00 53.0 54.0 53.9 53.8 52.8 52.3 52.3 11 -Aug -2006 0:30:00 0:01:00 52.9 54.5 53.9 53.6 52.6 52.3 52.1 11 -Aug -2006 0:31:00 0:01:00 53.4 56.6 54.7 54.0 53.2 52.3 52.3 1 I -Aug-2006 0:32:00 0:01:00 53.4 56.5 55.0 54.3 53.4 52.5 52 .5 1 I -Aug-2006 0:33:00 0:01:00 52.8 53.2 53.0 53.0 52.5 52.2 522 11 -Aug -2006 0:34:00 0:01:00 52.9 53.3 53.3 53.3 52.7 52.2 52.2 1 1 -Aug -2006 0:35:00 0:01:00 52.8 53.2 53.0 52.9 52.5 52.4 52.4 1 1 -Aug -2006 0:36:00 0:01:00 52.9 53.5 53.5 53.5 52.6 52.2 52.2 11 -Aug -2006 0:37:00 0:01:00 53.0 53.9 53.8 53.552.6 52.5 52.5 1 1 -Aug -2006 0:38:00 0:01:00 52.9 53.4 53.4 53.0 52.6 52.3 52.3 11 -Aug -2006 0:39:00 0:01:00 53.1 53.6 53.6 53.6 53.0 52.7 52.7 1 1 -Aug -2006 0:40:00 0:01:00 52.6 53.1 53.0 53.0 52.5 52.3 52.3 11 -Aug-2006 0:4 I :00 0:01:00 52.9 53.4 53.4 53.4 52.7 52.4 52.4 1 I -Aug-2006 0:42:00 0:01:00 53.0 54.3 53.9 53.8 52.9 52.2 52.1 1 1 -Au -2006 0:43:00 0:01:00 53.3 54,1 51.0 53.9 53.3 52-1 52.4 I 1-Au0-2006 0:44:00 0:01:00 53.5 54.5 54,5 54,3 53.5 52 8 52.8 1 I -Aua-2006 0:45:00 _0:00:12 54.0 55.8 :I..- 54.8 53.7 53.3 53.3 11-Aua-2006 0:28:54 0:00:05 53.1 54.2 54.0 53.8 52.9 52.9 ' 52.9 11 -Aug -2006 0:29:00 0:01:00 53.0 54.0 53.9 53.8 52.8 52.3 52.3 1 1 -Aug-2006 0:30:00 0:01:00 52.9 54.5 53.9 53.6 52.6 52.3 52.3 1 1 -Aug -2006 0:31:00 0:01:00 53.4 56.6 54.7 54.0 532 52.3 52.3 I 1 -Aug -2006 0:32:00 0:01:00 53.4 56.5 55.0 54.3 53.4 52.5 52.5 I I Aug 2006 033:00 0:01:00 52,8 53.2 53.0 53.0 57,5 52.2 57.7 ii -Aug -2006 0:34:00 0:01:00 52.9 53.3 53.3 53 3 57.7 52.2 52.2 I 1 -Aug -2006 0:35:00 0:01:00 52.8 53.2 53.0 52.9 52.5 52.4 52.1 11 -Aug -2006 0:36:00 0:0 I :DO 52.9 53.5 53.5 53.5 52,6 52.2 c- - _._ 11-A ug -2006 0:37:00 0:0 I :00 53.0 53.9 53.8 53.5 52.6 51.5 .s, c. _ _.. MIME 0:38:00 0:01:00 52.9 53.4 53.4 53.0 52.6 52.3 1 1 -Aug -2006 0:39:00 0:0 I :00 53.1 53.6 53.6 53.6 53.0 52.7 52.7 11 -Aug-2006 0:40:00 0:01:00 52.6 53.1 53.0 53.0 52.5 52.3 c2 I 1-Aua-2006 0:4 I :00 0:01:00 52.9 3.4 3.4 53.4 52.7 52.4 52 4 1 I -Au0-2006 0:42:00 0:01:00 53.0 54.3 53.9 53.8 51.9 52.2 52.1 1 1 -Aug -2006 0:43:00 0:0 I :00 53.3 54.1 54.0 53.9 53.3 52.4 524 11-Au2-2006 0:44:00 0:01:00 53.5 54.5 54.5 54.3 53.5 528 52.8 1 1 -Aug -2006 0:45:00 0:00:12 54.0 55.8 55.2 54.8 53." 53.3 53 - 34 Enviro Noise Control Project 680500 August 23,20U6 -EoCanaOrchard Compressor Station ATC 0 DRAFT Table C6 Measured Sound Level Data at Location 2 Date Time Duration Leg 10'Aug-2008 17:47:14 0:00:46 58.4 10'A ug_ -2080 17:48:00 0:01:00 58.2 10'Aug'2006 17:49:00 0:01:00 66.7 10'Aug-I008 17:50:00 007:00 67.7 l0'Aua' OD6 17:51:00 0:01:00 61.7 10'Aag'2006 17:52:00 0:01:00 59.8 10'&ug-2006 17:53:00 0:01:00 59.3 10 -Aug -2006 17:54:80 0:01:00 59.7 10 -Aug -2006 17:55:00 0:01:00 59.6 10 -\ug -2000 17:56:00 0:01:00 59.5 10/Aug-2006 17:57:00 0:01:00 58.7 10 -\ug -2006 17:58:00 0:01i0 59.2 k}+\u&�2006 17:59:00 D:Ol:OO 5Q9 10 -Aug -2006 18:00:00 0:01:00 58.9 10'Aug'2006 18]}1I0 0:01:00 59.9 10-Aug'2006 18:02:00 0:01:00 59.8 10'Aug-2005 18:03:00 0:01:00 60.2 10 -Aug -2006 18:04:00 0:01:08 60.1 10-A4g-2806 18:05:00 0:01:00 58.3 10-Au0-2008 18:06:00 0:01:00 58g 10-Aug'2006 18:87:00 0i0:20 58.7 10'Aug'I000 21:50:26 0:00:33 66.2 10+\ug-2006 21:5/:00 0:0I:00 65.8 10'Aug-2000 I1:52:80 0:01:00 082 1.0+\ug'2086 I1-53:00 0:01:00 65,5 10'/\ug'2006 21:54:00 0:01:00 64.2 10-Aug'2006 21:55:00 0:01:00 64.4 10 -Aug -2006 21:56:80 0:01:00 64.3 10'Aug'2006 I1:57:00 0:01j30 64.1 10-&u&'2006 21:58:00 0:01:00 64.4 10'Aog_2006 21:59:00 0:01:00 64.5 10'&ug-2008 22:00:00 0:01:00 64.1 l8-Aog-2006 22:01l0 0:01:00 64.6 10'&ua' O08 22:02:00 0:01:00 64.6 10'Aug-2006 22i3l0 0:01:00 65.2 10,\og-2006 22:04:00 0:0I0 65.7 10-A ug -2006 22:05:00 0:01:00 64.7 10'Aug'2006 22:06:00 0:01:00 64.9 10'Aog-2006 2I:07:00 0:01:00 65.0 10'Aog-2006 22:08:00 0:01:00 84'5 10'Aug-2006 22:09:00 8:01:00 64.9 18,A 22:10:00 0:0:00 64.8 36 EovboNoioeCoutrn|-EoCanaOccbozdCompreuxorStatjon �m�Noise Project 680500 - - -'----^--'_-- August 23, 2006 DRAFT Table C7 iVIeasured Sound Level Data at Locai ion 3 Date Time Duration Ie 10*\ug-2006 17/47:14 0:00:46 58.4 10~\og-2006 17:48:00 0:01:00 58.2 10-Aog'2005 17/49:00 0:01:00 66,7 1O'&o-z'20C0 17:50:00 0:01:00 67.7 10+\ng_I006 17:51:00 0:01l0 61J 10'Aug'2008 17:52:00 0:01:80 59.8 10*\u&'2006 17:53:00 0]01l0 59.3 10 -Aug -2006 17:54:00 0:01:00 � 59.7 I 17:5510 0:01l0 59.6 10-Au8'I806 17:56:00 0:01:00 59.5 10'Au&'2806 17:57:00 0:01:00 58.7 10-AuQ-2000 17:58:00 0:01:00 59.2 1 0 -Aug -2006 17:50:00 0:01:00 58.9 10-Aug'2006 18:0000 0:01/0 58.9 10_Auo'2006 18:01:00 0:01:00 59.9 10-Au�-2008 18:02:00 0:01:00 59.8 10'AuA-2008 18:03:00 0:01:00 60.2 10'Aug-2086 18:04:00 0101:00 60.1 10'Aug-2006 18:05:00 0:01:00 58.3 10+\ug'2006 18:06:00 0:01:00 58.9 10'Au8-2006 18:07:80 0:00:20 58.7 10'f\og'2806 21:50:20 0:80:33 66.2 10'Aug-2006 21:51:00 0:01:00 65.8 10-Aug'2008 21:5I:00 0:01:00 66.2 10 -&ug -2006 2153:00 0:01:80 65.5 10 -Aug -2006 21:54:00 0:81:00 0,1 2 10'Au2.'2006 21:55:00 0:01:00 64_4 10'Axg' 006 21:56:00 0:01:00 64-3 10 -Aug -2006 21:57:00 0:01:00 64_1 10'Aug'2006 21:58:00 0:81:00 64.4 1U -Aum' 006 21:59:08 0:01:00 64.5 10-Aue'2006 22:00:00 0:01:00 64.1 10-Aug'I008 22i01:00 0:0:00 64_6 10-\ug_2006 22:02:00 0:01:00 64.6 \O'AoD' 006 22i3:00 0:01:00 65.2 10-\ 22l4:00 0:01:00 65.7 10'Au4-2008 22:05i0 0:01:08 -647 10'Au8-2006 2I:06i0 0:01:00 64.9 18'Axg'2086 22:07:00 0:81:00 65.0 10'Aug-I006 22:08:00 0:01:00 64.5 10-\u&'2008 2I:00:08 0:01:00 64.9 10 -Aug -2006 22:10:00 0:01:00 64.8 38 ENCANAm Orchard Compressor Station Noise Mitigation. Plan August 2006 1.0 INTRODUCTION 1.1 Background EnCana Oil and Gas (USA) Inc. (EnCana) received approval in October 2005 from the Garfield County Board of Commissioners (BOCC) (Resolution 2005-75) for installation, operation, and maintenance of the Orchard Compressor Station. The Orchard Corepressor Station provides dehydration and compression for natural gas produced by EnCana. Natural gas is compressed and discharged into existing pipelines for transport to sales outlets. Resolution 2005-75 approved installation of three natural-gas driven engines. The BOCC stipulated that compressor units would be converted to electrical power as soon as electrical power was available. EnCana began preliminary plans to convert to electric in January 2006 and determined that the power distribution system was only capable of supporting the installation of two electric drive compressors (instead of three as originally planned). It was also determined that additional capacity was necessary to accommodate existing and forecasted volumes of natural gas produced by EnCana and other natural gas producers in Garfield County. EnCana submitted a Special Use Permit for expansion of the Orchard Compressor Station on June 21, 2006. Expansion of the Orchard Compressor Station would involve installation and operation of an additional five natural gas -driven compressors and two electric -driven compressors and related ancillary equipment. At completion, the Orchard Compressor Station would have eight natural gas -driven compressors and two electric - driven compressors and related ancillary equipment. Based on current projected volumes, EnCana anticipates installing five additional natural gas -driven compressors by the end of 2006, for a total of eight natural gas -driven compressors at the end of the year. EnCana's preliminary 2007 plans include installing the electric -driven compressor in early 2007. EnCana's preliminary 2008 plans include installing an additional electric -driven compressor in mid -2008. Please note that actual number of compressor engines installed for any given year is an estimate based on today's current and anticipated production volumes and is considered a forward-looking statement. Forward-looking statements involve numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that the predictions, forecasts, projections and other forward-looking statements would not occur, which may cause the company's actual performance and financial results in future periods to differ materially from any estimates or projections of future performance or results expressed or implied by such forward-looking statements. As described above, EnCana would install the compressors in phases over the next several years. A portion of the expansion would be completed in 2006, immediately upon approval by the BOCC, and the remainder of the expansion would be installed at a later date. Actual number of compressors and installation dates may be accelerated or delayed based on field development. 1.2 Purpose This noise mitigation plan is provided to present detailed information on planned noise mitigation measures. The plan includes a discussion on existing and planned compressors and provides examples of proposed mitigation measures. 2.0 NOISE MITIGATION 2.1 Existing Compressors EnCana has three natural gas -driven compressors operating at the Orchard Compressor Station. EnCana conducted a Compliance and Comprehensive Sound Level Measurement Study August 9t) through 11 ii' (report attached as Attachment 1). Draft results provided on August 23rd indicated that noise levels exceeded Colorado Oil and Gas Conservation Commission (COGCC) noise requirements. EnCana will design and install noise mitigation equipment for the three existing natural gas -driven compressors. Noise mitigation equipment will require the installation of buildings and cooler silencers in order to meet and/or exceed the COGCC noise requirements. EnCana will submit building permits to Garfield County as soon as engineered drawings are available. EnCana will begin design, construct foundations, and prefabricate the structures required for the noise mitigation of the compressors. Upon approval of the building permits, EnCana will mobilize equipment and crews to begin construction of buildings and cooler silencers. EnCana will install the noise mitigation measures no later than February 1, 2007. Upon completion of construction, EnCana will conduct a noise survey to ensure noise Ievels meet and/or exceed COGCC's requirements. 2.2 Noise Mitigation - Future Natural Gas -Driven Compressors EnCana will install all necessary noise mitigation equipment on future compressors to meet and/or exceed COGCC requirements. All noise mitigation equipment shall be installed prior to operation of added compression. Once installed, subsequent noise surveys will be conducted to ensure compliance. The noise mitigation equipment for natural gas driven compressors will consist of a building over the engine and compressor portion of the skid(s) and cooler silencers will be installed over the inlet and discharge portion of the coolers. This equipment will include special materials specifically designed to absorb and contain noise from the equipment. The special materials are comprised of perforated interior sheet metal covering a layer of mineral wool insulation. Each machine is specifically designed for its' location. The results from the comprehensive sound study conducted in August will be used to determine the amount and types of materials necessary to mitigate the noise. The photos included at the end of this plan are examples of typical noise mitigation equipment for natural gas driven compressors. 2.3 Electric -driven Compressors EnCana has placed an order for one- 7500 horsepower (hp) electric drive compressor. EnCana plans to install all electric equipment and compression equipment necessary to operate two electric drive compressors at the Orchard Compressor Station. The first electric machine is planned to be installed by May 2007 and the second electric machine is scheduled to be installed and operational by January 2008. EnCana will design an acoustic building to contain the electric machines. This building will appear as a typical corrugated metal structure, but will contain special noise reduction materials. The special noise reduction materials will consist of perforated metal interior sheeting and dense mineral wool insulation to contain/absorb the compression/equipment noise. Additionally, EnCana will provide the necessary acoustic equipment on the coolers. The building and cooler silencers will meet and/or exceed the COGCC's noise requirements. Additionally, a subsequent noise survey will be conducted to ensure compliance with COGCC regulations. Examples of Noise Mitigation Equipment to be Installed: Typical natural gas driven compressor noise mitigation equipment: Attachment 3 Orchard Compressor Wildlife Assessment and Mitigation Plan Garfield County Special Use Permit Condition Prepared for: EnCana Oil & Gas (USA) Inc. Prepared by: WestWater Engineering (In coordination with Wagon Wheel Consulting) November 2005 Introduction The EnCana Oil & Gas (USA) Inc. (EnCana) Orchard Compressor is six acres located north of the Una Bridge and south of Interstate 70, US 6, and the Union Pacific Railroad in Garfield County, Colorado, SE' /4 SW 1/4 Section 27, Township 7 South, Range 96 West of the 6`11 Principal Meridian (Figure 1). The landscape is dominated by the Bookcliff escarpments of the Roan Plateau, Interstate 70, and the Union Pacific Railroad. Photo 1. EnCana Orchard Compressor Site on 11/10/05. US HWY 6 and RR slightly above the project while 1-70 is closer to the base of the cliffs in the photo. Located on an alluvial terrace of the Colorado River,. the soils are derived from deposition both by ancient food sediment from the Colorado River and mass wasting of the Bookcliffs escarpments prior to settlement. Soils are poorly aggregated with a clayey pan on the surface resulting in poor surface water infiltration. .13 6RDOI]m N. 43 67ozoy. 43 65300: n N . 2: TOPO! map printed on 11/15105 from ^Untltled.tpo" 49O01amE 7SO0OJmE. 751ou0m t L Jr " �1 Figure 1. Orchard Compressor Location Map EnCana Oil & Gas (USA) Inc. Flag Marks Approximate Center of Site November I0, 2005 WestWater Engineering 743DOOR, E. 74900GmE. 75000OmE. a 1 "vt_ .71 i(co al U f'tl 7! 1Fct3 c:utt-.f with 'TOR?* 02C103 UttrA,at Gee h.; (w., .r natrr a:setrzrap.ix.cc, n 'v4G5J84 Zone 1?: 75207JrnE tO 43 43 55OOrn N. 43A4OOOrn N. z Photo 2. Clayey Pan Soils and Water from 10-29-05 surface runoff on adjoining property east of EnCana orchard Compressor. precipitation on October 29. 2005 in the area surveyed. Two plant communities are Found adjacent to the site. One, grcasewood- saltgrass is indicative of the poor infiltration capacity of the surface soil but high water retention capacity once saturated. The other, shadscalc-mat saltbush is indicative of poorly aggregated, dry, sandy loam high in halides and alkaline. Neither plant community had any coarse or fine, vegetative litter on the soil surface_ Surface soils around the site show recent sheet flow of surface run-off from Site Inspection and Survey A site inspection was conducted by WestWater Engineering (WWE) on November 10, 2005. The perimeter and adjoining lands were closely observed for plant communities, listed noxious weeds, soils and wildlife. Additionally, Colorado Division of Wildlife personnel were contacted in regard to wildlife and this site. Potential Wildlife Occurrence Due to the physiographic juxtaposition of the Colorado liver, north slopes of the Battlements. Wallace Creek and Alkali Creek and Bookcliffs in relation to the site, a high diversity of wildlife could be expected to be observed passing over, nearby, or through the site seasonally. The Ibllowing table lists species which could reasonably be expected m be observed at some time during the year in the vicinity of the site_ Very few ofthc listed species are expected to be observed year round. Most observation potential is expected to be seasonal_ Table 1_ Common Wildlife Species in Orchard Compressor Vicinity* *Not to he construed as having been found on site or having principle habitat an site **When found in Garfield County, Common Faroe (Fish IFlanneiniuuth Sticker Sriendflc Nnnre ulostoe77us ilypi niS Occurrence Abundance*" Known to occur airly Common Humphacked Ch ib Gilgit cyl,hrt Gila rofnaxta Historic range Known to occur Not found Fairly Coni 1 n Roundtail Chub Colorado Fikeminnow Pty'chocheilus lttcius -Iisttoric range Not found Ra orback Sucker Xvrauchen texanus Historic range of found Brown trout Salmo mato Known to occur I airly Common Amphibians Woodhouse's Toad Bufo woodhousii Known to occur ornmon Birds American Crow Corvus brachvrfn'nchos Known to occur aid), Common American Dipper Cinchts mcsicututs Known to occur ncommon American Kestrel Falco sparverius Known to occur airly Common American Peregrine Falcon Folcojreregrinus anaturn .Known to occur I' • e American Robin Tirrdus ntigratorius Known to occur ommon Bald Eagle Haliaeetus leucocephalus Known to occur nknown Belted Kingfisher Cervle alcyon Known to occur Fairly Compton Bewick's Wren Thrvomanes bewickii Known to occur I airly Common Black-billed Magpie Pica pica Known to occur ommon Black-capped Chickadee Poecile atricapillus Known to occur airly Common Black-throated Gray Warbler Dendroica nigrescerrs Known to occur ommon Brewer's Blackbird Euphagus cvanacephulus Known to occur ommon Brewer's Sparrow Spizella hrex'eri Known to occur ommon Brown-headed Cowbird Molothrus ater Known to occur .ornmon Bushtii Psaltriparus minims IBrantu cunadensis Known to occur Uncommon Known to occur ommon Canada Goose C:ornmon Goldeneye 4Bucephala clangula Quiscalacs yuiscula Known to occur + nknown Known to occur ncommon Common Grackle Common Merganser Mergus merganser Known to occur ncommon Common Nighthawk Chordeilcs minor Known to occur ommon Common Raven Corvus corax Known to occur Fairly Common Common Snipe Gatlinago gallinago Known to occur inconunon Cooper's Hawk Accipiter cooperii Junco hyenralis Starnes vulgaris ,Spizellapw illy Aguila chryscwios Known to occur Known to occur Known to occur Known to occur Known to occur ncommon ommon Abundant Unknown Uncommon Dark-eyed Junco European Starling Field Sparrow Golden Eagle Gray Flycatcher Empidonxr wrighrii Ardea herodias Known to occur Known to occur fairly Common Common Great Blue Heron Horned Lark Eremophila allies-Os Known to occur Fairly Common House Finch Carpoducus mexicanus Known to occur Common House Sparrow Fusser c omesticus - _Known to oceur Known to occur Known to occur Known to occur Known to occur Known to occur Common Fairly Common Fairly Common Fairly Common Common Unknown J Killdeer _ _ Charadrius vociferus Curduelis psaltria Gporornis rolmiei Lesser Goldfinch MacGillivray's Warbler Mallard _ Inas platyrlrynchos Talc a columharius Merlin Mountain C:hickadcc 1'oecile gambeli Known to occur !C'ornmon Mourning Dove Zerraida macroura Known to occur Common Red Crossbill l,nxiu cur'irostra Krtown to occur Uncommon Red-tailed Hawk Buteo jatnaicensis Known to occur Uncommon Red -winged Blackbird Rgelaiusphocniceus Known to occur Abundant Rock Dove rColumba Livia Known to occur Common Ruby -crowned Kinglet Regulus calendula own to occur Common Greater Sage Grouse vCentrocercus urophasianus Known to occur Uncommon Sage Sparrow 'Rmphispira belli nown to occur Uncommon Sage Thrasher C)reoscoptcs nrontanus Known to occur ncommon Song Sparrow Melospi,a melodic Known to occur airly Common Spotted Towhee Pipilo maculates Known to occur ommon i urkey Vulture Catharses aura Known to occur airly Common Vesper Sparrow J'ooecetes gramineus Tachyc•ineta thalassina Known to occur Known to occur 'ommon ommon Violet -green Swallow Western Bluebird Sialia mexicana Known to occur Rare Western Kingbird _ Tyrannus verticalis Sturnella neglecta Known to occur Known tooccur airly Common ommon Western Meadowlark Western Screech -Owl !Otos kennicottii Known to occur nknown Mammals American Elk Cereus elaphus ,Known to occur !bundant Big Brown Bat Elrtesicus fuscus Lynx runts Known to occur Known to occur bundant ommon Bobcat Coyote Canis latrans Known to occur • bundant Deer Mouse Peromyscus maniculatus Sylvilagus audubonii Known to occur Known to occur bundant ommon Desert Cottontail Gray Fox Urocyon cinereaargetnteuc Known to occur airly Common House Mouse ,Mus inusculus Known to Occur bundant Mountain Lion Fells concolor Known to occur _ ommon Mule Deer Odocoileus henuamts Known to occur bundant Raccoon Procyon !afar Vulpes vulpes Known to occur Known to occur bundant neommon Red Fox Striped Skunk Mephitis mephitis Leptis townsendii Known to occur Known to occur bundant amnion White-tailed Jackrabbit Reptiles Fence Lizard Scelopvrus urnlulate+r.s Known to occur ommon Racer Coluber constrictor Known to occur ncommon Sagebrush Lizard tScelopurur graciusus Known to occur ommon Discussion The subject property and immediate vicinity is, in general, poor quality wildlife habitat. Evidence, including absence of vegetative litter, suggests a long history of sheep graving. The site is in an open, shrubby area as can be seen in the photos. Interstate Highway 70 and the l3ookcliffs dominate the landscape to the north while the Colorado River riparian Forest and shrub lands and meadows and forests of the north slope or the Battlements dominate the landscape to the small of ihe site. Most wildlife observed from the site are expected to be moving or passing through. For example, American elk can sometimes be found milling in the open nearby during extreme winter weather conditions combined with harassment from humans or their dogs. While they may be observed nearby, this species, as with most mentioned, is not dependent on the EnCana site. Occasionally, American elk and mule deer wander onto or are startled onto nearby 1-70 where they are often killed by vehicles. Most birds listed in Table 1 are listed due to the nearby presence of the Colorado River and a gravel mine pond. Smaller species such as Brewer's sparrows and western bluebirds do depend on the adjoining shrublands for food, cover, and, in some cases, nesting. As the industrial capacity of the Una area increases to its full potential, these shrublands will further disappear and these species wil! be less likely to be found on or observed near the site. Habitat for these species is not likely critical in the Una industrial area. Fish listed with "Historic Range" were once present in the nearby river and may become so again due to fish ladders constructed and proposed around diversions in Debeque Canyon. Flannelmouth suckers and roundtail chubs were once plentiful as recently as the late 1970's but numbers have declined and those two species populations are thought to be in decline. Brown trout_ though not always plentiful, can be found nearby. Wildlife Mitigation Little can be done by EnCana on the site for wildlife mitigation. Greater than 90% of the site is developed and it is a relatively small site compared to the surrounding landscape. The following measures arc recommended to be implemented by EnCana to maximize wildlife protection. Re -seeding. Temporary disturbances on EnCana property have been recommended to be re- seeded with native grasses and shrubs as well as an introduced, short-lived but highly wildlife - desirable, non -bloating legume. In addition, listed noxious weeds of Garfield County have been identified and control measures recommended. These measures are described in the Integrated Vegetation and Noxious Weed Management Plan for the Orchard Compressor. Fence Removal. The south and west property lines have wildlife un -friendly, five wire, and 42 - inch high barbed wire fences (Figure 2). It is recommended these fences be removed or re- constructed with 3 or 4 barbed wires spaced so smaller mammals can crawl under or larger mammals can leap over. The two top wires must be far enough apart they can't twist around the legs a leaping mamma! thereby entrapping it. Fisheries Protection. Appropriate implementation of the Stromwater Management Plan required by Garfield County and revegetation recommended in the Orchard Compressor IVWM1' are expected to protect fisheries resources. g / // / / _ a / 1 PIS TO, 71,7,7 WLIM 117 Ws— gZo 11:1ti 11'1: til 10' 1(F 1l:.11:;1ti1'_1•_)11• "ti 1iIV\1111!1\'\('11 11:1` 11 1‘, f I lti St. hl :1t I 1 ll -.l i.:' 1 .a :. t�r•:ti.il�li. iriadeS''•. .ind hetv.'een is%X11 tth anti Sherri L. Kcitiath. "LS [li}: c` ...ittt,:ss i. Parachute. Colorado :' 1 o3.3. 1::'l'_ _after referred to :1s "Surface t)'tiltier- and I i1L :Uia 1.111 t\ t t.:• t i * 11. . whose iiddrss is 950-: 1 Street. Suite 761)O. Denver. Colorado O2[12. hereinafter referred :1' Whereas. I'his All.reerllei14 is intended to cover Operator's ope utnors on the lands identified on 1. `-1 1i:i11 "':.:1. as tilt: Kctnath Property (hereinafter called the -Property"): Whereas. Surface Owner and Operator wish to memorialize their agreement concerning surf:!' e LISC and the 1}aynie11t for damages to the Property in connection tvi the drllling. construct ton. completion, !"eet?l11p1ei111!1. reworking, re-entry. productton, maintenance and operation of the well(s), access ruo:ois, and all pipel1I1 (s)- t:lnk butteries- and other Facilities on the Property by Operator. its alliltatcs . successors or assi'_'ns Therefore, for and in consideration of the covenants and agreements contained hcret11 and for other good and valuable consideration, the receipt and sltflleicney 4:11 which are here!)'' acl;no v[cdi.cd. Surface Owner 311d Operator agree 3s follows: Article 1: Welts and Wellpads A. `Air'tace ( )0.1 ter and Operator -hall nlu[ua11and reasonably ,elect the locations (if .I il"u.1\ni1111i1+5[ eighteell ( 1 t) centralized ivclll)at s on tilt Propel _ I here' wafter called "We I11%111..1 E11 attio'lla!1ce Article VI ollhl- :1'_'rl•elvn mvIVitllutlt the 110!:!1 number tit' i1�C111i:ic1:�, it Is,ir?rl,:cti 111.1!! no moil ihati olic: !':ell pad row, be physically located 111 .t aoverlliilcotal quarter iCGttlrt1. t_lperaior '.till use 1ci '.5ial7lt: L1 forts to Inilit its til,aeriticans on the Property to fifteen (15) Wellp L15 Ito-wet-cr. the nc cc <.`:i1v lo: dl!:stni>uut het.!' la'c)m the: location oft ;iieh:1:1cliltt>11:ti Well :ids:will he at tl1t:sole li :eltir iuOrl the t )p,..l:+ltn 1lie :'_it 1:li..tl 01 the slit: [01 I each 1j. c'11t11111 ;h;111 'consoler tL11711!�'ri',11111V, `,II1tGll'�' use. It't. 4:i!�nlol 1171!. L'.�lstn16_' roads. 1'�I pipe] pads ;16111 rc<Iscur,rhle 1Li!cctiontil tlrrlllm12 plans. Except ty its the plan written permission of the Surtice ( )vt'tle:r. t 1) Opel:!tor:icrecs to dri 11 ad till And ;_!I;. lioec!tc•li atttl tlthc;i' wells 011 tit:: Property lrulll >u 11 V. clipad,. and (2i )i ciator il,g'!cuti such 11 ellpads. .tn :end :111 L'{.)lllliics.,.o15 i;nLl1Ur other 1,11 !111u pltie d li tlic Propel a" citk_cptinkt. pipelines and 11);6ds 'I his ago:en-I:int 111111 c'1t:P11re-sta.. on die !1rupcIt'. l`:Itc 1 :r::`1lIIt. t' I,1 iL: !id I ;_,_: 1101 .i111.holl.: t11 tS! _. 1'.:111 .11 :111:.. _ . 11:,:!f:, 'I! , .111.1:: .! ;Is" ;l i ....... �- �i:l�.i.:I Li' I_li.I I.,.. 9 1L 1(LI11' • than . ,<;i four r. ai�4> i- i .1 ti .,!11 L' ti�o .1�! ...,�1 ,.. .� 3 •�: ate. .l1 il�_...1�1.c.,._,i L'- 1. t-,.� u�., �t i?�.!�� loc,iti0J11 �r:ll t11 b\ Surfa,:e ' er oii tl'a 1'i •i1C9 D. l-ach reserve pit Lind bloke." fait shall be fenced by the Operator_ Operator ..hall install fernc i .iround t Lluipia:ent that requires the installation Or construction Ot containment structures or bei -ms to comply. `., !i: Latcty reutllations. Fenein,ut shall he installed in such is mangler to prevent domestic I1"+estuck from tntt:3'in such fenced u9'c:i E. Unless It is not possible to J1' so. Operator will centralize pi-U.:A ction egtnpment at One 1Ocation On each ellpaL1. Operator will use reasonable efforts to locate production and gathering facilities toi,tether with related pipelines and valves at the production ettlipmem site and will install remote monuorini, until control equipment in order to reduce vehicle traffic on Wel ipads located in Sections 4 and ;, TSS. [ 96W which are located on the Property. Moreover. Operator will install i'cnlote nionitorinita and control equipment on other Wellpads once has commenced operations on more than eight (ti) Wellpads located on the Property. Operator shall provide SL9rCact: Owner a c.opv of the "'LIS l,tlilt" ctltlfi11 and sturvCy plat for each \t'ellp ac! tali yvhich one or more wells are drilled, which shall be recorded in Uartield or (Mesa County. Colorado, at the Surface. l )w -nen -'s option. :\rlic'le 11: `ti<'v>! Road Access f't1 i trlirti1i is t)peliliV9' .+:,Cee j 10 ala: 1'9-opel'tV till;lfl Int tliF,;l.:t! t1) the lour f 4j Lalli'\ points illustrated 011 h:ittibli"A-al eine9 laerelu and i ni-po!'alcd by reference Of any such Substitute plant; as Mutually n*!reLLl on ilb' the llarlie`.. S11C11 aCC��'•'�ts are !del -trifle.' +J'1 E'Cliih9t b.rory i'[1I11N, =i liill)L1o1-1 A. All equipment. vel- eles and personnel related to operations on the 1trui}tarty ll'1S0iili as 1i I1x:-91.1:' the a?i .l:ll�l'1 �i t11L' i�V- E ;9rtil a edc al !_:+.1?Ioratoly Unit shall access such l.lnt.ls Punt 1 Z cr any j-)omts ailiccd upon by the tdattic . i:tll.!pi1-,C119 O5iif ss 'and rz::-•od ,iel l iilied to ()perator s op t h l''1) :t ;. 4141taC.9i.�, on i i la+�; a 71 4)f !t iA 'okt!'...,trv'. ..fy,piciratore nit and in S,:_tions . :[/ •;'l ion.n. f7-;. i ' .1doshill acctsi)1...;pe'i from t:i1` `. Point =l;_ lJ ! - +p. `_ill it 1 .i :4"ll�_ii'i.' Pl.i_11 .,v 11,4.- !i'. ... F' t 1 • • • .1116.1 :L . not !: !_ .. �..., �.... i '` -1 '11 ;x ... .1'.. _ 'i. I 1 .5,.. +-.'1 __.. t ,7 'l1, a. 'traffic . 1ivad access which l.i not Identified ('ill Exluhit ...A- shall be m tttl3,llx::!i'.d 1'e asunLn ]\ l' .r and Operator m accordance x.'* ith Article VI based on ii'r`' il?h . dst" l:, sLll"Iact. ii ..._.l ::,;din's access to i \diads and opc]'itting t�Ei:,lltl�s. Jr. ()peri-tk`: shall maintain roads utilized by it on the Property. tvith an 'adequate crown and in good and pasalile condition. Operator shall post thirty-Ilre (35) milts per hour speed limit dulls on cx!stin'g private roads. and twenty-five (15) miles per hour speed limit signs on individual Wcllpad roads, at sites mutually agreeable to Surface Owner and Operator. Within areas accessed by the Entty Point r? or 13, Operator shall post t\v my (20) miles per hour speed limit signs on all loads and shall apply ma[mesiun1 chloride to all roads requested by the Surface Owner to limit dust (Operator shall not be required to apply magnesium chloride to any road more than three times per annum). (I. Operator agrees that provided it is able to gam access throLhh Entry Points -3 and it shall not utilize the iolluwtnu. existing roads on the Property. without prior written approval From the Surface ()wrier: (1) CA 33() insofar as it is located on the Property ("KeinLith's l-)rivewax,'") and (.?) the Alkali Creek Road. and 3) any road located in the N, 2N1F.'4 or :'?51. 1i [:-I of Section S. I'S S. R96 \V insolhr as such roads a1 +_`t ,.11;11ltclied 11 1 x1ubit "A". Operator also oai.trees that the only toad access to that portion of the prcrpetty lucat+.;d on top ot Samson and Creek Mesas .hall he bv the dcsiignated existing roads (Exhibit 1lniry Point 1 for Samson '1'lesa and 1 rtev P01111 := t k..:re i.. Mesa), :\ddntonal lir cel ndl roads may be connected im tli \-lcsa tops to the eici.sting access toad:: ii,,erator agrees not to construct or utilize any road access for axil) to the top of Samson or Creek Mesa ,I ill Entre' Points `i and .-`i. Operator 1 trey'' Ib. t '.l N ill I1+ _ { tt:,,:; li.elt'.L1'.h - I•.krlh'CV :I`. with r. as field accutis toad or ir:l'.%.10.1041(! 1 lE`_ the prior written . €it:ki(}Vat +1t tact. 11. In ,E•: '(1tlallea 4t 1th elle terms of :his .�1aaiL L 'iLift:.IC_' I_'s , t +'k_c1uci1 Surface :!Eii. F . '2,t)11%-,:".: and confirm unto Operator, a Ft+t-x.'xllti:iih'_' ,.,,,(;i;lulit :,..:$ i !!4l1l-oi-hx.i'," a+;ix.lss the c'ikaClll4 roads identified d oil Exhibit ". as .1Lceiscd from the idcnti[led 1:.nti y Points. In addition. Surface t..1",':leer doi4s hercb Giant, 4?Lir! '!ln. runyei, and ,t7nt",rm 0010 Operator. .. utr'-+'t:� ' I i, _ -111 lxi" 4 `^Elle alt and I'a,t-or-way.L,s IIE?.11 L! herein. ;,; _ era i_ :1'atiltaltl, and ri;rno°•'e.!i1road tkir In re' - and i_ >. _..._ elle I'ropeity ihe purpose Sl' __rE.11li'_ ( :9ti"c wers 1?n lea ,,,_holt, ii....:1 C. { )j �,,.. ;li :..lt: ).i."_:it t" 'li 111 1L:p 01 El k !+ _'1: 1, E iI' is k 'i' ::1] 4 1'.klil".il+ I. 1'.:tai q 11 arc !.._,•: pr.011:17rd'i 011 LT1/4`:1 1-',J ,,, .................. or mole Ti:as 1-i-ovided at Article VI. -as '.‘ate;. in a ttencit Heated ...vith,:n . or a ddm. :Artie VII.B 3. Inup o •tko Rs -of Way. Uperatc,r may ir,stall 1.) inch gus pipcltric arki. kMIC 2 inch s pipeline) tr,..,,,,:ther itn one 4 inell the same nn ie in a s1n,71c trench: such pipelmes 1ifl N.: located in the. nt antler : 'hi S arell!:.al, 11 . B. Pipeline routes shall be mutually and reu,sonably selected l7)\•. Surface Owner and Operator based on topography, surt'ace use. rechimation, distance and configurations o1 the pipeline routes. Access across the Prtlperty to compre...ssor 1 ties and wilier disposal facilities located off the Propert, shall be selected by said Surluce Owner and Opeiator in accordance with Article VI. Operator will endeavor to accommodate any reasonable concerns or issues that Suriace Owner may have with the placement of and/or operation 0 fany pipelines, however, Surface Owner's consent to any pipeline route shall not be unreasonably withheld. Operator shall be authorized to transport gas and \voter produced ft -on -loftier land through the pipelines loeated on the Property. To the maximum extent possible each pipeline shall be located adjacent to a road in accordance with subparagraph D below. (2. Operator shall be permitted to lay one temporary gas pipeline and one temporary water pipeline from each centralized Wellpad on thc surface of the ground at locations in the bar ditch of a road and selected in accordance with Article VI for a period of time not to exceed eighteen ( I 8) months frorn the date 4) the installation D. In accordance with the terms and limitations of thp, Nlaster Surface lJc Alreernent and followailLt the surlacc consultation procesi-, set lOrth ill Aft:Cit.! VI. Sul -lace 0.1/4vricr does hereby rant. bargain. convcy and C1111 [trill 1 Hilo (..)pera[rii a non-cxciusi and to lay. colistilict,1 iniuin,operate. repan. rept...ice. and ECillOVC pipei ines. iiP!.,:.[1,721 wail all necessary valves, connections. and fittiitn, flir the transportation of oil. 1.:1.as. and produced water. and to erect. maintain and reino,, cathodic pi, aection L:Litiwinerit ovei. .:! 1 • 1111•- •••: i•1 •: • i'•• .• yad 11 ) :13111 i construction ii.\\ib one side of the right-of-way lying along the centerline. of the adjacent ;tad) 11 pipcline_.., shall he buried at least 46 mchcs bdow the surraLe l.lf th..: ciound unkss the pipehn, pci ilitted in Ai tick . ka• -at! H.:: :4 i•Jal ••• . !•• : • Liectik • ,• - 1 ;.ie Pc ••••• • ,-1-eritions %. rtick s.r: Gravel. Stone :intl \Vater: Cnis reivo--. 2 surtlice water tiorfl 1,3-1117,_: pi.. ',..H•It...o1• ',art.:lee Consultation: anal shall be ctett within 1250 :_,•• Thne, structiii•e Property, and all _ •-• ..nd facilities shall be loeated outside the Sui !lice distance shooting ran ize 1cat.cd S. ROW. No part o la Wellpad shall be located in the portion of Alkali ('rek Drainaize (below the ci.;2:ir. Of Creek and Samson Mesas nor below the cresfthe boundinc: ride to the north or these Nlesas) as depleted on Exhibit -A-. To the maximum extent possible. special consideration shall be uiven to concealing lyVellpads and facilities located on the Property from sbliht of existin2 structures and to roLILtrl.i gus licid traffic away from residences and livestock use areas. Within thiny (30) days of Surthcc Owners receipt of written notice of Operator's intention to locate a Wellpad. access road; pipeline(s) or electric power linc an the Property, Surface Owner shall consult with Operator as to the location of the said facility or t'acilities. Operator will accommodate reasonable concerns or issues that Surface Owner may have with the placement of each facility, and Surface C..)wner agrees that consent to any lac ilitv placement shall not he unreasonably \vithheld. Within CI fteen (15) days of the initial consultation, Surface Owner shall either 1) ,deliver to Operator written consent for the proposed fac ility or faci ites, or ii 1 propose_ a reasonable alternative location tor such facility or thci] ities for Operator's consideration. Surface Owner's failure to respond or propose an alternative within the time period(s) herein set forth shall be deemed aS Surface Owner's consent to Operator's proposed location for such (acility or aol 1 tics. Operator shall record a survey plat of pipelines and private roads ut:lized or constructed by Operator to notify third parties of the permitted use of the Property. ILhe consultation described in this Artielc VI shall replace and supersede the 01 hall requIrements set forth ti Rule :4,115 and 306 of the Rules and 1ei2ulations of the Colorado Oil and (las Conservation Commtssion (-00(30 Article VII: Payments: A. All iiiayments due hereunder shall be delivered to Stu face Owner at the address set forth in the leettal above. In the eVL:nt d a chariuL of ownership r 1ti ttIle he Property or th,.. recei c any payment( s) hereunder. Uperator shall not be bound same until IL is Lurnished 1 0.,--;.disizictory ri2corcieti evidence of said chane of ownership. Further. Surface Owner and Operator aeknowlede and accept that the provisions or this Agreement. includina the ri.,11-its to those pavrinents contemplated hereunder, ale covenants kvhieh tot:ch and ,..:imicern the Property ;Ind t(ore run the Property. anl thi 1 .11,2 -tyhti.i be n %At-, ilk. tut hw 1 he t'rij"crl 11 I• )pert:Hr k-• • : • • • thousand dollars (S10.000.00) for each such Well drilled on a Wellpad. The payments provided for in this provision are hereafter referred to as "Pad Compensation"). 2) Access Roads: Prior to commencement of the construction, improvement or use ofany road on the Property for oil and gas operations; Operator shall compensate Surface Owner for each such Road at the rate of Twenty Dollars (S20.00) per linear rod of Road used. 3) Pipelines: Prior to commencement of construction of any buried gas or water pipelines on the Property. Operator shall compensate Surface Owner Twenty Dollars (S20.00) per linear rod of Right -of -Way which may contain a maximum of one 4 inch water pipeline, one 10 inch gas pipeline (and, in up to two Rights -of -Way, Operator may install one additional 12 inch gas pipeline as described in Article III A.2) above) all located within the same Right -of -Way and all constructed and installed at the same time (less any amounts previously paid for the same Pipeline to Surface Owner for Temporary Pipelines under Article III.0 or under a preexisting agreement for Pipelines constructed or agreed to prior to the date of this Agreement. In the event all pipelines are not simultaneously installed in the same Right -of -Way, such compensation shall be paid each time a separate pipeline excavation and installation occurs. Prior to commencement of construction of any launcher or receiver on the Property. Operator shall compensate Surface Owner S500.00 per launcher or receiver. Operator shall compensate the Surface Owner for each Temporary Pipeline constructed under Article 1I1.C. at the rate of Fifteen Dollars per rod. 4) Power Lines: Prior to commencement of construction of any Electric Power Line on the Property, Operator shall compensate. Surface Owner at the rate ofTen Dollars ($10) per linear rod of electric power line. C. The payments described in this Article VII shall constitute payment in full by Operator and its affiliates far all normal damages, including, but not limited to, damages to growing crops, associated with the .drilling, construction, completion, recompletion. reworking, re-entry, production, operation and maintenance of the wells on the Weilpad. Normal damages include, but are not limited to, reasonable and customary ingress, eatress, rights-of-way, construction of access roads, preparation and use of the Wellpad, preparation and use of reserve pits, and construction, installation arid maintenance of production equipment and facilities such as flowlines, gas pipelines, separators, tank batteries and other equipment or facilities necessary or convenient for the production. transportation and sale of oil and/or gas therefrom, to the extent such construction and use complies with the terms of this Niaster Surface Use Agreement. . D. The foregoing payments shall be adjusted on January 1. 2009 and on January 1 of each fifth year of this AaTeernent thereafter. On each such date, the compensation amounts to be paid thereafter to Surface Owner shall be adjusted by the percentage increase, if any, in the final "Constuner Price hidex for All Urban Consumers — All Items" without seasonal adjustment (CPI -U for the West Region, 1982-4 = 100) ("CPI") as measured by the United States Department of La.bor Statistics. If the CPI is discontinued, another mutually agreed upon cost adjustment index shall be used. Such adjusted amounts for shall remain in effect until a subsequent five (5) year adjustment occurs. Article VIII: Noise: After initial conatauction of :a \veil or facility. Operator's operations on the Property shall not exceed 50 dB(.A Leg ineasia-e ia a distance of 300 fee: in any direction from each Wellpaci, facility or equipment. Except as. modified ha. a.;y. Operator w:11 comply wtth all applicable noise re!lulations as :-,ecit.Ered under he rules and re nlattons set forth by the COGCC or the t Land Manatiement or other appixabie re.2,ulat1:1ry botiy. • :LII' ...+i :,+ . P:10: 11 ‘''t :i,. l a iTe:1 i1 +.J.� +_ ,,,ip ra:.h: j. Operator Or. I V.;:1;li 11iit.i'.:_ i`'•2(.'.i�+':.;'I nC. Il,.. Pi ii' i:. firs' et eciii:l"I: Proper :iil' _,..ill Co.triipeI1s'..[,2 Surface Ovi.:.:r 1 V; 1�1!'lit t+t which I11L!y contain a maximum of one 1 till' p111 1111c t:':.:, in up to tWo Rights -of -Way, ay, }I ertltOr may pipeline as t: scribed in _Article 111 i\.2) above) all located wt constructed and installed at the same time (less any amounts pi to Surface Owner for Temporary Pipelines under :'article L 11.0 Pipelines constluctctl ur ag ced to prior to the date lrf tliis not simultaneously installed 1n the same Right -or -Way. such c• a separate pipeline excavati0n and installation occurs. Prior t( any launcher or receiver on the Property. Operator shall comp launcher or recer'ver. Operator shall compensate the Surface C constructed under Article l].1.C. at the rate of Fifteen Dollars 4) Power Lines: Prior to commencement of construction of any 1 Operator shall compensate Surface Owner at tic i -ate of Fen I) power line. NAVE "-200(1 r obruary 2a• 3 NAPE-On-!ine_ www.eiaperriiiue.com For information. c311 AAPL (617) 847-7790 C. 1'he payments described in this Article 'v' it shall constitute payment in lull by Operator and its affiliates for all normal daniuiles, lncludinci, but not limited da11laLtes to urowir1i! crops, associated with the drilling. construction, completion, reeompletiun. Ieworktni , re-entry, production, operation and maintenance nance U1 the wells on the Wellpad. Nsirrnal eialnages include, but :rte not limited to, reasonable and customary ingress, rights -o1 -w1 cons€rue; ion Cil acceti row t �� b y. 5 rt t�,, l'1.:C'arlVllCill:le use eil�tlic l+v'lllh ll.. preparation Ind use 1)1- c ;t: pits. and consintetion, 1n,taflLt Lion and maintenance mice H production equipment irr'td 1t1t:lltECs siteh lti 11uwllnes. gas pipelines, separators, tank batteries and other u;fuipmenl (]r lLicillties necessary or convenient for the production, transportation and . a1 " 01 oil ,i 1d or Wei . rrom. to 11i.: e:.tent such constr,rettlin and use i or ipnes with the lei iris (ithis f',lui.t'c: 11 111+e fore;. mg payments shall be adjusted on .1Ltlll:ai ur L-irie.'tt tl ie; :it:.,. Kaci: .'LIC i1 Ll.i'.__ tiJ� !I ::I. '�!:.'-•+ I`:' I*e:'l ?: ]: l' '1' 1: _lis ..�� ll.il:+ 1^. IIIII)Lll elf'al ,Iif H.iytl+ it 1..t)ty() and on Januar 1 of each filth year of this amounts 0) be paui thcicaiicr il'+ Sitilace ()wine; -Con,iiiiner Pi ice 1Ei.1ox Liir ;\11 rt -bar, '1'1-r. Li; 0i: a, -_.t Re:4ton. 1 y; ; . 1tN'�i! I "i PI 1 Su:1.qm Exclusion:in : _ear. For :- 1:: 1 I •• !V [:-1,.1'1! .`•;;_":111. V'rt t Pro-.eit) proai.,non ri id • •C:.1,0,11 IlECY101.11-dy plated 011 i1 lOpCrt:,. {ttlCialill,/ an), ,-. proak:tion J. o the maximum :easonably possible. Operator -Si permitted and the 1ILInt1iV ilic2 Property to othcr lands. shall he conduc.e,i i....ztv,een1 .1.N1 and 3 P.Nl. each day in t manner iLlesi mar to minimize adverse impacts on big gall -0i:: located on the Property. For each other activity (Le.. road or pipeline construction, access 1C adjacent property, routine maintenance. drilling. completion, recompletion, \vorkover or other rif,2 activity on the Property) conducted during the litinting Season (with the exception of production or actual emergency repairs). Operator shall compensate Owner S1000iday ler each such operation. During the Winter Range Period, to the extent permitted by law and/or regulation. Operator may conduct all of its normal operations. however, if Operator conducts drilling, completion. recompletion or other ru. activity on the Property during the Winter Ranee Period, Operator shall compensate Surtace Owner S1,000.00 per day for each such operation and S1.000 per clay for access through the Property to other lands to conduct such dri i ng or other rig activity on other lands_ Article X: Reclamation: A. flic i1 lw in c in-cas shall be exeinp ted from the interim reclan Li -ikon requirements (except lot Vv'eo.1 control) et forth herein: i) the driving surface and bar ditches of wads. and ii) the production area not to exceed approximately 0.5 acre for sinde Wel pad or 2 acres for a multi -well pad) at each Wellpad. Each acre of surface disturbance which is not included in the exempted areaS ;int; IS 0.0 longer necessary for drillim opcirions shall be restiared as near io us original condition as feasible hy the i.t.perator in the following fnal111cf: 1. die disturbed area shall be ripped and recontouNd 10 conform with exLi-nrig i:_irade and no recontourcd slope shall exceed a iirad.: niIe ILiur lcet IC, one 1c.i 10 devAl Ion 2. co..1 nee topsoil shall "OL: Iccd on ibe LILO L1Lbed acLI to.)u ua1 i JLld depth ‘‘111C11111,::el its 011.12.111.Z.il condition. as near us practicifole-, (lie disturbed iirea shall Li. \ ; .\rticle Xi: Final Reclamation: ..s e ilt ::t :. :o :la 0, itin'2 t' Sttra, : 1._llt, s_,: ,i ;i:a li pi be g t f4`eC. alilta l?..iidlll:il Ope:'f at;li lil �4cordan.. e L ith the applicable law upon permanent ceasation of production. Weather petit-aunt:2. within thirty ( 0) days s foll{?wE'ilii the plugging and abandonment of each wet!, all sur toce equipment and surtale appu ienances shall be removed by Operator from the Property and all 1.inreClaim.d and'or L:llFe\ egetated areas I7:'e''1ously disturbed by Operators operations shall be rcelaimcd by Operator 111 L;c,:orlf:Ince l','lth the standards set out in the lnterirn Reclamation :article above. 13. At least 0 days prior to reclamation ttf any roadway, Operattyr shall pro'e-lde Surface Owner wNritteen notice of such roadway reclamation, which shall include a plat of the portion of roadway to be reclaimed. num g the period prior to reclamation. Surface Owner may elect to retain any such roadway for ranch use by giving) written notice to {operator. Upon receipt of Surtace Owner's election to retain such roadway. Operator shall blade the road'.'av into 1eood and passable condition. and shall thereafter he relieved elf its obligation to maintain and; of reclaim such roadway, ;Article X11: Use :And 1 njnvnlcnt: Operators surface use pLtr ttant 10 this Agreement shall be Isiah -exclusive. Suri teo {owner shall have to right to use the surface of the Property 10 any manner ,.vhich clues not Lmrea.sonably interfere with Operator's operations. includinu without limitation, construction, installation and use u( mads, utilUes. ditches, swells. irriLtration and water impoundment structures, trails. fencers and buildings. l'itrther. Surface Owner retains the exclusive right to grant rights -o -'.vay, easements. rights to surface use to parties other than the Op Surface Owner retains the 4 xclusive right to or:alit hunting and fishing right';, and Surf:ece a.)w,4 ncr agrees not to construct w;lter impoundments or Strilt'lfl-es wh11eh would innerfc;•e ,i.Itl. `-,tpef:at,.,l aetii al urf:tee use Operator ackrtl}W1e.dges Mat a longdistance < at hooting nlaa n, Locatedn'l Section.: and agrees to lc,watc roads-:. and faci idles 01 and near .tich (`alike 10 L1 safe manner v,ri-nch \yell 1101 impede the else of tht 111,:0t11iet Article X111: [.;ates and Fences: A. in the event uarlles ;other than {..)perator anal`SL1r treet �:. ner Iia": e tweess ";aver a11'ti private 1,lael located t!!i ills 1', porn: Operator agrees to construc and ittail-n:1m. l•1?aaC[iYl ]Bl, l)L'sIllial 5i'� 1t1 e r' ,2,,1!1,: of the 1'.i: ..:LO11 0.1 1 y.1(lt= i,l ill A c !.1. !f, . ,?{ t C 11 �5c 1rt.... 1L'i )❑t tiii 4R ti 11 ;1.�1,'�5S Ioiu_ I're�1)er,, _ • 1.1 V.T%-.1.:: ft': • I " at ea,:it point vs, Ccr,...as cross :( • _ - ) ; tOr ;:ondif ion and fliai .11! ner from time to .tirpe. be r 'Ln hn equipment_ vehicles. personnel gi.iiAr,1 is posircui. F. Under no circumstance will Operator be required to block public aceess or lock gatc:sun anv public access road that crosses the Property. In the event such public accessIs nconsistent \vith the requirements of this ,Arucle Xill. Operator and Surlace Owner agree to utilize itll reasonable means to brine public access into ,:ompliance wIth the tet-rns and conditions set out in Article XIII, Article XIV: Prohibited Non Oil and Gas Activities: 00erator shall not permit its agents, employees. Contractors, subcontractors, or Service company personnel to carry firearms, archery equipment, wildlife calls, weapons, spotting, optical or night vision equipment (other than as required for oil and gas operations), or to bring dogs or other animals on the Property_ Nor shall Operator permit such persons to bring friends Or family onto the Property nor to picnic. barbecue. transport firewood, cut Christmas irees,i-ain[ or injure wildlife. nor remove pme nuts_ artifacts or other non -oil and gas materials froin the Property. I It:L.F. _XV: i‘lonitoring of Operator Operations: Ali exterior gates on the Property shall be kept locked. Owner ina:, utilize a seoarate lock or its locks to each Fn Point and pi:es on the Property, however, neither party shall h)cl, i:ach other out of the Property Operator w11 quaricrly provide the Still/Wt..' Owner with an updaial lt caeli j ndi idital and entity in pc,isession illsuch access key [1 combination. Operator will pro ide Sp: face 0.,%nei :1 twenty-four houri'severi eck CLI ierget Ley contaet number. Further, )piatni uree il iopermi noi authorize entry onto the any person who is not requirQd to conduct as oil and Q.b, operaii0m., .an tlic Prrl)L1-ty. An or Opera tor or its contractor's authorized vehicIC:; ';11.i111 bcar ah identifying mart,: or iii::: hang tail with urcI;nor s iirame to identification hv .LI;e ()1i 1 )unnt! an: ocitod wtia drilling. dir\0I urt coustrUCLiUti Cin is 01-Air:Mill!, on the l'ociperty. Operator al.ttees to utioi LLCgturd dt each Entry Point tor uRci irdtive point hw ecd bv thc pLirm-L-s) nllized throwilioat huois for thc '; Lit1d[ni2 LitidAnh,d IG ••111.1•!.. orkL( Pruperl, 1.4, \. I: l_i‘er,roels:: • • ti .-\RIICLE\ti11i: E +i:' 11 , .l ita i: :C l l.atw� a::L: i t. i1Ci'UCUt1 1: 1)::-,-":".0.:',-)1 11,:!.'''.,:.'',ST. 11+T�1,":::. .. I:1 ._ .;Illi 11_, ..'1:1:I11u+l`'cl 1:?ii._} ;i l 't .11,1. ....16 .. `i '': ..: 1.!..'..::::-..' .21.:1 U.. `;'_'hi!,._..,.. . ... 1'n:1 . 1:. _.._ .. 1:,.1 ( )1,.....:„.17, Surf !zt:'. h.\t; tt <'.' _ <Ccp ..tie: pl':,;}r \written conen! of 111e SL!: rr,_tf CPA :I . 1: '0:.'.:I1C:I l i',IS A_I !..:111C:': Snail "D.J.' tODl:StrLied ll. l:Lcc da!?ce and subject to the lawws OfStauL' of (. 0[01-.1(10 and b ct to the] urisdietion Of Cat' t. olorado (Jotlrts. A1.i)CI.E XIX: Confidentiality: ;Memorandum 0f:1<,reelltent: Except for those parties to wham disciosure is authorized sized 1n advance. in writinl delivered to the other party. the terms and conditions set forth herein related to the consideration paid to Surface Owner under Article VII shall be maintained in strict confidence for a period of seven (7) years from the Effective Date of this Agreement. Disclosure to successors in interest to the parties and as required to obtain legal, tax 'and management advice or to enforce the terms of this a2rcement is authorized, alter notice to the other party. All successors to the parties. shall relllain subject to the confidentially provisions hereof. Surface Owner and Operator will jointly execute a Memorandum of this Aiteement in a form similar to Exhibit •`l3'• tat:a:heti hereto for the purpose of placing third parties on notice of this Agreement. ARTIC XX: Integration: The matters sct forth herein comprise the complete a`!reenient between the patties. All verbal discussions and prior writtnus between the parties related to the nergotiatioll of this Master Surface tie Agreement shall he niert'cd ossein. All prior executed agreements between the parties. ii1C l adimi the I ci [1pera1 v Easements" or Temporary k12ht-of-Way" Q:reements shall be merged into thisAgreement. ARTICLE \\I: Dispute Resolution: A. Arbitrtitl';II .-uo.' :l;ilnl !W iilspLltt of any nature I1,;\\een 11i. iliiTl:>, k!+_'Ct i+ is ill +.tll'•:_tl' 1U11'C tl`• frclli'iahC !'iii".t!t3iltihii'+ ereatcc by this .A xeclilcnt rlall Oc esol ,+_C'hiti'itlOfl. in .LCCOrtial:CC with the applicable rules of the Anleric:in Arbitration Ass ciatwri. The toes of the arHitrttor and other coSt.`s incurred parit::s in connection with such arbitration shall be paid l)v the party which Is unsuccessful ill SLI•: UCiitlatlen. folh,w.in,' written nonce trcn either il:!:t` ' 1 lis t.7 ;(:.u111 ;:\ 1.1311. •• .• .i ; it il.i I l .I lt!l 1_ _ in tl'.0 c tl,.,. i '.I . i !` •-:! 111 4iL l;l•i .. 1 Hri.t;l: L!!!(!n I-t.I ..._ .. .. l'.. _. .. . 13% NF -\(E OVER or • -1 LI. •,,./ • r?. SL:Ty L 1‹...zirlarli OPER.1TOR EN( "ANA 011, & GAS (USA) INC. Bv: Jpe) S. 1 -ox -l$41J-h2:,4,-084 1 i 2 1 'MN PNI ACr,".."..\.k.)%`• The foregoinLI instrument wus neknowleheci before me on this =,.:7-:;-;'1Uav or Sic\ Nl} Commission Expires: OCH1,-/'-'15 STATE OF COLORADO COUNTY OF L. Notaril Public I'hfore.:4oiii,, instrument was 'acknowledged before me ori this 1-liv l. , Sherry L. Keinuth. Conuni:i;sion Expires: iAlE Di'COLOR\DO • alft-Cot-° Notary 151ib1ic 0011:1717 1L1 L. c • 17°. • rat. jiy AND col ;N 1 y ) ••,,'V- • - • • • • • • --",-cr• Jr: cco,..,-•-• ,•••-eg, bc•fk,o-kf: 111(1 on this - 1; C;11 AS(LSA) ‘1-1 5c:11111i. • • • • \ii1131 i B )3.: l_ 1:1:1.{ 1: L:S1:.\(;R1:1::M11 1 St:lt Coloradu ( Ilona Garfield Surface O‘+, nevi Steven W. Keinath ,111[ Sherry L. Nein.ith 0864 County Road 339 Parachute, CO 81635 Lessee: Enc'nna Oil Sz Gas (USA) Inc. 950 1711t Street, Shite 2600 Denver, CO 80202 Effective Date: September 1, 2004 For adequate consideration and as of the effective date stated above, the Surface Owner and Lessee named above, have executed and exchanged that certain Master Surface Use Agreement (the "AV�i-eemcnt") which governs the Lessct 's oil and vas operations on the surface of the folios inv. Lands: Township 7 South. Rluliie 96 \Vest. 6th P.M. Section: 33 'Township $ South. Rani.le 96 West. 6th P.M. Sections 4. 5, 7. 8. 9. 16. 1 7 and 18 Garfield and Mesa Counties. Colorado �lcilioi iindum is i'li a.:k1 i;l l'tcvltl 161' Ibe J!ir os of lj l" e ii (iit::1�icnicnt :! 1 1 1, E (,' i1n4 notice ii li i i Ill ltca of thin,_ said `'t recni cit iii lull for record in the etttt:lal records of {;ll-tic1t1 and ountic`. l'i±lur:ulo I:\icL i :1 l' C' C1` ll1+W .-\mcciro.:nC ;1l'� S1;aarll,lf3lC+! in Surf c. U`. ner and Lessee. i 1 !f, , 1r ]lE? tC10EC1il� S `sl 'il b\ SLL1 i;!c { :x+1IC and as est th date tii-a c ,ito,A.1,2&,i 11Cllt rl,�lT;A s t. 9 ill 11 l - -' t l Ill .. _ :s. _ � i' 11c �,! LL'I V l fL_ _ t 3L,1i«.,r_.• a., � ,!' 1.1:! .t,_il AI v . • • • Me'_ 1OF AN1)tOF S RF.lt 1' 1. S1`_ .-' (_ll:l'_l'_'wll� •l, State: Colorado t,'l,unt'. (;arlield tiurlil�� Miler: l.r: Steven Sherr\ L. s '.in:till 0864 County Road 339 Parachute, CO 81635 1 essce: EnCana nil t Gas l USA) inc. 950 171" Street, Suite 2600 Denti er. C'0 3021)2 Eftectit ee Date: September 1. 2004 For adequate consideration and '.is of the effective date stated above, the Surface Owner ani[ Lessee Maned above, have executed and excharuzed that certain Master Surface Use ALreemcnt (the `'Atreement") which , ovcrns the Lessee's oil and gas operations on the surface oldie follow int!. Lands: Township 7 South, Raan<ue 96 West. 6th PA. Section: 33 "I wnshin S South. Ran 96 `Vcst. 61"I' P.M. Sections 4, 5. 7. '8. 9. 16. 17 and 15 (..)arlie!d Intl Mesa (_'ouniies. C1 Ooraid.) Ibis NleliloraludLui1 is record leer the purpose o1'.ln lii:ilice of EL giveii in lieu of thing said .:��re'elllent in 'full for record in the official rieolds ¼1F(3: i!1!;[ :'.nd Nfesd Counties. Colorado. Exl:ei.te 1 , i� ()Idle Al:a .e: _'l. ti".I'•_;t-!ll_:It a"i!a!a91.a1,1cd 11] tll, ;J� h�lti: ;l .Jl ti)l 1''iitt1 tl,- Sall'latce Ov riot and Lessee. This M.-2rnor.suiduir, is `+t!_"1" 1 1?`++' Surface Owncr and Lessee H o1 [he date o1 1':no'.` F I.E."l,, i. o their sI�'91zIt'.'cs. l,t .. �Hccily ,1i1 purposes as o1 the 1.t1ecii'- sl: • S A LT CF CLOP\DO c-c)L.TY OF ENT The fOret_tiointzi instrunient s acknowled,otil Ile fore me on this / !_11)•, Steven W. Kainath. vI y Commission Expires: C3L I L. STATE OF COLORADO COUNTY OF (UL iptary' Publ ic The foretzoing instrument %vas acknowledged before me on this :(Cipi Sherry L. Kcinath. r I ' COMIlliS.S1011 EXpiiVs• STAT.r2 OF COLORADO CI Pt' AND COUN.FY OF DENVER) • • • `1. ' t ,„_IC:1‘0> Notary ubl ie 0.0.044?.4 40 UN, . ,.''. NI k rP', L. r,".-=,...- .? - - 3,\ • - . • -- • ---- - i .... .:1-.• .•• ' ! 7: J1., '4' • ; ....,. : :- . : -iv • 44 4 L )`-' .. 0 ..;:- 4.**6;•--..••••,„,- '7,.„, .4- cirLy -,, . - • .1010-'' The foreLioin,2; instrument was ackyR-i:wletht,cd before me on this _ ,,,, 01 ,.--' :,.....,'„!-2.11,;(:.)4 h'...' ./()L'i S. trox_ 2-titorney-in-F.)ict 17..iir ENC\N-\ OF & GiAS LSA ) Inc.. a Delity.-)ir: ,_•:-.1.1-io;-;_tti,.n ,,i) •.-.,ait.iCi.,i'pk--.1c;1[1(11-1. • • • • I '