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HomeMy WebLinkAbout1.0 Application, Staff Report & CorrespondenceKathy A. Eastley From: Burns, Bryan 0. [bob@bry.com] Sent: Tuesday, August 03, 2010 9:27 AM To: Kathy A. Eastley Subject: Re: Berry CDP#2 Kathy, Thanks for the update! After speaking with our engineers, our estimated throughput for the relatively small tank to be located on-site will not require a state air permit or any other permits at this juncture. With that said, am I understanding correctly that we will need to hold off commencing construction until the 9th? Thanks again for everything! Best, Bryan From: Kathy A. Eastley <keastley@garheld-county.com> To: Burns, Bryan 0. Sent: Tue Aug 03 08:03:46 2010 Subject: RE: Berry CDP#2 The only condition that requires action prior to issuance of the land use change permit is #2 which states that all required permits must be submitted. Please let me know what permits are required, which have been obtained, and provide a copy of those permits for the file. In particular, any air emission permits that may be required, if none are required please provide a statement to that effect. I have written the resolution, so it will be signed by the BOCC on the 9th — I'd like to get their signature on the Land Use Change Permit on the same day — but I need the info on the permits. Activity can commence once the permit is issued — so you'll have to wait just a little longer! Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com ,_111[1;1 ,I,,... ir.;i From: Burns, Bryan 0. [mailto:bob@bry.com] Sent: Monday, August 02, 2010 4:38 PM To: Kathy A. Eastley Subject: RE: Berry CDP#2 Kathy, Thank you! Will the resolution include the Conditions of Approval? Also, per our conversation, may we begin construction on this location this week? Best, Bryan Burns From: Kathy A. Eastley [mailto:keastley@garfield-county.com] Sent: Monday, August 02, 2010 2:38 PM To: Burns, Bryan O. Subject: Berry CDP#2 Bryan, As you are aware, the BOCC considered the Limited Impact Review for Material Handling to allow for the Central Delivery Point #2 project on Chevron land. The Board conditionally approved the use, incorporating staff conditions. A resolution will be written to memorialize the action, I will forward you a copy when it is available. Please let me know if you have any questions. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-8212 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com APlcase consider the environment before Printing this e-mail. 2 Board of County Commissioners — Public Hearing Exhibits Berry Petroleum Company — CDP #2 (8/2/10) Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Unified Land Use Resolution of 2008, as amended D Garfield County Comprehensive Plan of 2000, as amended E Application F Staff Report G Staff Presentation H Email dated July 1, 2010 from Judy Jordan, Oil & Gas Liaison I Email dated July 12, 2010 from Jim Rada, Environmental Health Manager J Letter dated July 14, 2010 from Chris Hale, PE — Mountain Cross Engineering — on behalf of Garfield County K Memo dated July 27, 2010 from Steve Anthony, Vegetation Manager L M N '&.jam tURNS -TO-. 3-0 beb Jar, Mitrtct n cerajtiltS latoI �o� RA AAA' CDP#2 - Material Handling BOCC 8/2/10 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST Land Use Change Permit -"Material Handling" to allow for a Central Delivery Point (CDP) for Natural Gas PROPERTY OWNER OPERATOR/REPRESENTATIVE LOCATION ACCESS EXISTING ZONING RECOMMENDATION Chevron USA, Inc. Bryan Brown — Berry Petroleum Garden Gulch, SWNW % Section 6, 6 South, Range 96W County Road 215 Resource Lands - Plateau Approval with conditions GENERAL PROJECT DESCRIPTION A request for Material Handling has been submitted to allow approximately 15,000 square feet of disturbance on a 5,507 acre site. The facility would be used as the central delivery point where natural gas from individual pads would be transported into a main sales line. The facility itself would consist of 1 CDP#2 - Material Handling BOCC 8/2/10 KE piping, control valves, meters, and in-line separator, and a 100bbI blow -down tank to store small amount of petroleum by-products resulting from pipeline maintenance or 'pigging' operations. This is a critical component to Berry's operations as it enables produced natural gas to be brought to market. 11. LOCATION, ZONING AND ADJACENT USES 1. Road and Bridge: No comment received The site is located 9 miles northwest of the Town of Parachute. The Garden Gulch area has significant oil & gas activity as seen in the map, above right, which contains well pads and pipelines in the vicinity of the site. The zoning of the area is predominantly Resource, with public lands as indicated on the map, left. III. REFERRAL AGENCIES Comments have been requested from the following agencies and comments received and are integrated throughout this memorandum as applicable. 2 CDP#2 - Material Handling BOCC 8/2/10 KE 2. Vegetation Management: EXHIBIT K 3. Environmental Health: EXHIBIT I 4. Oil & Gas Liaison: EXHIBIT H 5. CDPHE: No comment received 6. Town of Parachute: No comment received 7. Colorado Division of Wildlife: No comment received 8. Grand Valley Fire Protection District: No comment received 9. Mountain Cross Engineering (on behalf of the County): EXHIBIT IV. REVIEW CRITERIA & STANDARDS Limited Impact Reviews are required to adequately address topics in Section 4-502(D) Land Suitability Analysis, Section 4-502(E) Impact Analysis, the general development standards found in Article VII with specific attention to Section 7-810 (additional standards applicable to Industrial Uses) as codified in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR). The following section provides the review criteria and standards in bold italics below followed by a Staff Response. A. Section 4-502(E) Land Suitability Analysis 1. Public Access to Site. Show historic public access to or through the site. Staff Response: CR 215 provides access to existing private roads to the site. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. Staff Response: Garden Gulch intersects CR 215 approximately 6.5 mile north of Parachute. The traffic study provided notes that the average trips per day in April of 2007 were 4,258, of which 73% were heavy vehicles. The operation of the facility will have a .04% increase on daily traffic. It does not appear that there are intersection constraints at Garden Gulch and CR 215 and the increase in traffic volume does not warrant auxiliary turn lanes. 3. Easements. Show all easements defining, limiting or allowing use types and access. Staff Response: Berry Petroleum Company provided a copy of the lease from Chevron (USA), Inc. permitting Berry use of this site. 4. Topography and Slope. Topography and slope determination. Staff Response: The site is located on the plateau. Grading of a pad will be necessary for placement of the facilities. 5. Natural Features. Significant natural features on-site and off-site. 3 CDP#2 - Material Handling BOCC 8/2/10 KE Staff Response: Slopes are a significant natural feature both on and off-site. The plat indicates that there will be approximately twenty (20) feet of relief between the top of the cut slope with a stormwater detention pond located below the fill slope. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: No known drainages are in close proximity to the site. Run-on will be minimal due to the location of the site atop a hillside, all water will be diverted to a ditch that will release water based upon historic and natural drainage patterns. 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. Staff Response: Limited grazing does occur on the site in the summer months and water is provided with specific ponds fed by natural drainages. The proposed facility will not affect the ponds and water usage at the facility is not necessary or proposed. 8. Floodplain. Flood plain and flood fringe delineations. Staff Response: The site is not located within a known floodplain or flood fringe. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Response: Deep, well -drained loamy soils with moderate permeability and low water holding capacity exist on the site. The soils type is predominantly Parachute -Rhone Complex. Slopes range for 5-30%. 10. Hazards. Geologic hazards on-site, and adjacent to site. Staff Response: No geologic hazards exist on or adjacent to the site. 11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes. Staff Comments: Native vegetation includes Elk Sedge, Bromes, Indian Rice Grass, Wheatgrass, Junegrass, Serviceberry, Bitterbrush, Sagebrush, Shadescale, Saltbrush, Greasewood and Yucca. The limited area proposed for the facility will minimize the disturbance of the site. 12. Resource Areas. Protected or Registered Archaeological, cultural, palentological and historic resource areas. Staff Comments: A Class I Cultural Resources File Search and Paleontological Assessment was provided, neither of which found resources in the vicinity of the site. Section 4-502(E) Impact Analysis. The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the Applicant will ensure that impacts will 4 CDP#2 - Material Handling BOCC 8/2/10 KE be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Staff Comments: The applicant did provide the required information regarding adjacent property owners. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comments: The land use in the vicinity consists of Oil & Gas related activity as well as grazing. There are no occupied residents in close proximity. 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comments: Other than topography, existing drainages, and vegetation there are no significant natural features in the vicinity of the proposal. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. Staff Comments: Soils will be compacted to meet engineering specifications and best management practices will be used for site stability. 5 CDP#2 - Material Handling BOCC 8/2/10 KE 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Comments: The site is located on a stable craton and no geologic hazards have been identified. Man-made hazards include vehicle collision, tank release or accidents. All employees have been trained in safety best management practices. These hazards have been mitigated with safety features and a Spill Prevention Plan. 6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. Staff Comments: This facility does not propose to provide a water supply as there are no permanent on-site employees. The liquids stored will be protected from spill by a containment structure adequately sized to protect the pad and surrounding area. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Staff Comments: There will be no effect on the water table or surface drainages in the area. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. b. Determination of the effect on significant archaeological, cultural, palentological, historic resources. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. e. Spill Prevention Control and Counter Measures plan, if applicable. 6 CDP#2 - Material Handling BOCC 8/2/10 KE Staff Comments: The site will be reclaimed with little impact to existing flora and fauna. No historic resources have been identified on-site or in the vicinity of the site. The area is contained within Elk and Sage Grouse habitat and therefore construction of the facilities will not occur during sensitive time designations for the species. A Spill Prevention Plan has been submitted, however comments from Judy Jordan (Exhibit H) included concerns regarding the remediation of in case of spill to being limited to soils with greater than 1% of total petroleum hydrocarbons (TPH). 1% would be 20 times more than the COGCC would allow. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(1). Staff Comments: A Basic Traffic Analysis has been provided. 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: Emission of Volatile Organic Compounds (VOCs) will result from the pigging — related condensate storage tank, however this would be permit exempt as uncontrolled VOC emissions are less 5 tons per year. The road will be watered seasonally as necessary to mitigate dust and the tank will be painted to eliminate glare. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212. Staff Comments: Steve Anthony, Garfield County Vegetation Manage has responded (Exhibit K) that the amount of site disturbance falls below the threshold of % acre, therefore security for reclamation is not necessary. B. Section 7-100 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-101 Compliance with Zone District Use Restrictions Staff Comments: This use is permitted in Resource Lands by Limited Impact Review. 2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comments: The Comprehensive Plan contains Goals, Objectives and Policies related to industrial development. This proposal is in substantial compliance with the Plan. 7 CDP142 - Material Handling BOCC 8/2/10 KE 3. Section 7-103 Compatibility Staff Comment: As previously stated, the area has significant Oil & Gas activity. 4. Section 7-104 Sufficient Legal and Physical Source of Water Staff Comments: Not Applicable 5. Section 7-105 Adequate Water Supply Staff Comments: Not Applicable 6. Section 7-106 Adequate Water Distribution and Wastewater Systems Staff Comments: Not Applicable 7. Section 7-107 Adequate Public Utilities Staff Comments: Not Applicable 8. Section 7-108 Access and Roadways Staff Comments: The access and existing road system is sufficient for the minimal traffic that will result from this proposal. 9. Section 7-109 No Significant Risk from Natural Hazards Staff Comments: There have been no identified natural hazards in the vicinity. C. Section 7-200 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-201 Protection of Agricultural Lands Staff Comment: There is limited grazing that occurs on the site, however the area is not considered prime agricultural lands. 2. Section 7-202 Protection of Wildlife Habitat Areas Staff Comment: The site is located outside of the buffer for the Sage Grouse Lek, and the operation of the facility should not impact other habitat areas. 3. Section 7-203 Protection of Wetlands and Waterbodies 8 CDP#2 - Material Handling BOCC 8/2/10 KE Staff Comment: 4. Section 7-204 Protection of Water Quality from Pollutants Staff Comment: A Spill Prevention Plan has been submitted, however comments have been received regarding the high concentration of total petroleum hydrocarbons that could potentially be left in the soil in the event of a spill. 5. Section 7-205 Erosion and Sedimentation Lotw.or ra.' Pitt) PROFILE En5--_...9rc-- :Fag w•-- G".c\ s . e'es t1 tP�HFV. ?VI; i FNIS1' i i Nal ti'Y Staff Comment: Use of sediment basins, a detention pond and slope stabilization will be adequate to control erosion and sedimentation. 6. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off Staff Comments: As stated above, the use of sediment basins and a detention pond will be adequate to control the drainage and stormwater run-off. 7. Section 7-208 Air Quality Staff Comments: No emission permits are required. 9 CDP#2 - Material Handling BOCC 8/2/10 KE 8. Section 7-209 Areas Subject to Wildfire Hazards Staff Comments: This site is located in a remote area however the proposal would not increase the potential hazard. 9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Staff Comments: The site is located on the plateau however there are no significant natural or geologic hazards identified. 10. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Staff Comments: No identified resources were found in the vicinity. 11. Section 7-212 Reclamation Staff Comments: Reclamation of the site will occur with contouring of the site to conform to the surrounding terrain, replacing the stockpiled soil, seeding of disturbed soil areas and construction of permanent erosion and sediment control structures, as needed. D. Additional Standards Applicable to Industrial Use Industrial standards applicable to the current applications include noise; vibration; heat, glare, radiation and fumes. The Applicant has demonstrated the ability to comply with these standards and ongoing compliance is recommended as a condition of approval. V. STAFF DISCUSSION The facility will consist of a graded pad to contain metering, control valves, a separator, and a storage tank on approximately 1/3 of an acre. The minimal disturbance at the un -manned facility will exist for a limited period of time with adequate reclamation planned at the end of the use. The sole concern identified by the referral agencies was related to the remediation of soil in the event of a spill. Staff is recommending a condition of approval that would alleviate this concern. 10 CDP#2 - Material Handling BOCC 8/2/10 KE VI. SUGGESTED FINDINGS Should the BOCC decide to approve the request for Material Handling for the Central Delivery Point #2 through this Limited Impact Review, Staff suggests the BOCC make the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for a Central Delivery Point is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 11 CDP#2 - Material Handling BOCC 8/2/10 KE VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Land Use Change Permit for Material Handling to allow for the Central Delivery Point #2 Project on property owned by Chevron (USA) Inc. and operated by Berry Petroleum Company, with the following conditions: 1. That all representations made by the Applicant in the application and at the public hearing before the Board of County Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. Prior to issuance of the Land Use Change Permit the Applicant shall obtain all required federal, state and local permits including, but not limited to, any required COGCC permit and any air emission permits that may be required from CDPHE. 3. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 4. Industrial activities shall be required to comply with the following standards: (1) The volume of the sound generated shall be so operated that the volume of sound inherently and recurrently generated does not exceed the COGCC requirements; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. 5. The Applicant shall comply with COGCC rules regarding the concentration of Total Petroleum Hydrocarbons (TPH) as they relate to the remediation of soil in the event of a spill. 12 Kathy A. Eastley From: Judith Jordan Sent: Thursday, July 01, 2010 3:53 PM To: Kathy A. Eastley Subject: Chevron/Berry Metering Station Hi Kathy, The only comment I have on the Chevron/Berry application is that they state on page 2-11 of the SPCC plan that in the event of a spill they will only remediate soil that that contains more than 1% of total petroleum hydrocarbons (TPH). One percent is a very high concentration to be left in soil and would be 20 times more than COGCC would allow in Table 910-1 by my calculation. B&P may wish to consider asking Chevron/Berry to reconsider the threshold for TPH in their plan and to propose a more appropriate remediation tactic than just piling contaminated soil on Visqueen. Thanks for the opportunity to R&C. Judy Judy Jordan Oil & Gas Liaison Garfield County 0375 County Rd 352 Building 2060 Rifle, CO 81650 (970)625-5905 (p) (970)625-5939 (f) jjordan@Barfield-county.com 1 Kathy A. Eastley From: Jim Rada Sent: Monday, July 12, 2010 1:36 PM To: Kathy A. Eastley Subject: LIPA 6400 - Berry Central Deliver Point #2 Attachments: Jim Rada (jrada@garfield-county.com)_vcf Hi Kathy, I have no comments on this application. Jim Rada, RLhs Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jradaRgarfield-county.com Web www.garfield-county.com 1 5 EXHIBIT -r July 14, 2010 Ms. Kathy Eastley Garfield County Planning 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Berry Central Deliver Point #2: LIPA 6400 Dear Kathy: MOUNT/il ENGINEER EXHIBIT , CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE JUL t 9 2110 GARHELD COUNT': BUILDING. K PLAN1t NC; This office has performed a review of the documents provided for the Berry Central Deliver Point #2 application. The submittal was found to be thorough and well organized. The following comment was generated: • A revegetation security was not provided. The County Vegetation Manager should determine if security will need to be provided, per Section 9-104.K.3. Feel free to call for any reason. Sincerely, Mount.; Cross Engin g ring, Inc. Chris Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com EXHIBIT tic MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: LIPA 6400 Berry Central Deliver Point Date: July 27, 2010 The weed management plan and reclamation plan are acceptable. The size of the disturbance (1/3 acre) is below the county's 1/2 acre threshold for requiring a revegetation security. June 4, 2010 Bryan Burns Berry Petroleum Company 1999 Broadway St., Suite 3700 Denver, CO 81202 bob(a)bry.coni , Garfield County BUILDING & PLANNING DEPARTMENT Reference: Berry Central Deliver Point #2 Garfield County File No. LIPA6400 Dear Bryan; The Building and Planning Department has reviewed the additional submittal material provide for the above referenced application and determined that the documentation is sufficient to determine technical completeness for a Limited Impact Review. As a matter of process, the Board of County Commissioners shall hold an advertised public hearing on the proposed action at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by Publication. At least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioner hearing, and at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioners, the applicant shall have published a notice of public hearing in a newspaper (Rifle Citizen Telegram is the only newspaper that meets this criteria) of general circulation in the area that the proposed land use change is located. Publication of said notice shall follow a form prescribed by the County. 2. Notice to Adjacent Property Owners. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing, the applicant shall send by certified mail or by a nationally recognized overnight courier, return receipt requested, a written notice of the public hearing to the owners of record, as shown in the office of the County Clerk and Recorder or Assessor at least 30 days prior to sending notice, of all adjacent property within a 200' radius. Within the same time period written notice shall be provided to 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 owners of mineral in interests in the property (other than construction materials as defined in Section 34-32.5-10 CRS, as amended) in accordance with Section 24-65.5-101, et seq., CRS, as amended. (Reso 2009 - 53) 3. Posting of Notice. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing the applicant shall post a notice of the public hearing on the property. Such notice shall consist of at least one sign facing each adjacent road right-of-way, and located so as to be fully visible from the road right-of-way generally used by the public. Such signs shall be provided to the applicant by the Planning Department. (Reso 2009 - 53) I have enclosed the suggested public notice in Word format so you can add necessary information, such as the legal description of the subject site (the 5,507 -acre parcel). A poster will be necessary to meet the requirement for posting of the property, please let me know when you are able to come to our office to pick that up or if I should mail it to you. These posting and public notice documents for the Planning Commission public hearing are provided as a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application as referral agencies, as well as the Board of County Commissioners. We will require eighteen (18) copies of the completed application and all supplemental materials (9 paper copies and 9 CD's) no later than June 15, 2010 (but ASAP if possible). If the copies have not been submitted by this date, your public hearing may be jeopardized. Feel free to contact me with any questions. Sincerely, 1 Kathy ' as4 ° ICP Attachments CC: File , Garfield County BUILDING & PLANNING DEPARTMENT May 20, 2010 Bryan Burns Berry Petroleum Company 1999 Broadway St., Suite 3700 Denver, CO 81202 (:)b:O!,)1v ofl Reference: Limited Impact Application — Central Deliver Point #2 Project Garfield County File Number LIPA-6400 Dear Mr. Burns; The Department of Building and Planning received your application on April 27, 2010 for review for technical completeness. It appears that there are some requirements of the Garfield County Land Use Resolution of 2008, as amended that have not been satisfied in the original submittal: Please respond to the following items: 1. The Statement of Authority is required to be recorded; 2. The adjacent property owner requirement is 200' from the subject parcel boundary — the subject parcel in this instance is 5,507 -acres. It appears that you have provided only those owners within 200' feet of the CDP area. Please verify or provide additional documentation. 3. §4-502C. stipulates requirements for maps and site plans. Please provide the following on the site plan: a. Legal description of the site (the area of disturbance) — this includes the dimensions of the area requested for the CDP including survey data; b. Scale (one is provided for the vicinity map, but not for the pad itself); c. Dimension of the proposed access; d. Zone district; e. Elevation drawings showing existing grade, finished grade and height of proposed facilities. 4. A site-specific stormwater management plan should be provided including details (narrative and graphic) of the detention pond. Section 4-502C.4.b. requires submittal of the preliminary engineering design and construction features for drainage structures. 5. Land Suitability Analysis and Impact Analysis issues: a. A statement is made regarding the soils on-site but no supporting documentation was provided to substantiate this fact. This could be done by indicating the site location on the NRCS maps; 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 , Garfield County BUILDING & PLANNING DEPARTMENT May 20, 2010 Bryan Burns Berry Petroleum Company 1999 Broadway St., Suite 3700 Denver, CO 81202 bob(f7)h1 V.COf it Reference: Limited Impact Application — Central Deliver Point #2 Project Garfield County File Number LIPA-6400 Dear Mr. Burns; The Department of Building and Planning received your application on April 27, 2010 for review for technical completeness. It appears that there are some requirements of the Garfield County Land Use Resolution of 2008, as amended that have not been satisfied in the original submittal: Please respond to the following items: 1. The Statement of Authority is required to be recorded; 2. The adjacent property owner requirement is 200' from the subject parcel boundary — the subject parcel in this instance is 5,507 -acres. It appears that you have provided only those owners within 200' feet of the CDP area. Please verify or provide additional documentation. 3. §4-502C. stipulates requirements for maps and site plans. Please provide the following on the site plan: a. Legal description of the site (the area of disturbance) — this includes the dimensions of the area requested for the CDP including survey data; b. Scale (one is provided for the vicinity map, but not for the pad itself); c. Dimension of the proposed access; d. Zone district; e. Elevation drawings showing existing grade, finished grade and height of proposed facilities. 4. A site-specific stormwater management plan should be provided including details (narrative and graphic) of the detention pond. Section 4-502C.4.b. requires submittal of the preliminary engineering design and construction features for drainage structures. 5. Land Suitability Analysis and Impact Analysis issues: a. A statement is made regarding the soils on-site but no supporting documentation was provided to substantiate this fact. This could be done by indicating the site location on the NRCS maps; 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 b. A statement is made regarding the vegetation on-site however no vegetation map is provided to support this statement. In general it appears that the application was well put together and clearly explains the proposed use, however the above items are required by the code and will provide additional information necessary for a comprehensive review of the proposal. The Code requires that an application provide the necessary information in order to be determined complete within 60 days of the date of the 'technically incomplete' letter. I would not anticipate that this would be an issue but I did want to let you know. Please feel free to contact me with any questions regarding the submittal requirements. Sincerely, Kathy Eastle r, AICP Cc: File REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212IFax: (970) 384-3470 Date Sent: Return Requested: File Number/Name(s) Project Name(s) Type of Application(s) LIPA6400 Berry Central Deliver Point #2 Limited Impact Staff Planner: Kathy Eastley (:castle\ ru Lta a rfield-co u nty.com) Phone: 970-945-8212 Applicant: Chevron USA Inc. as owner and Berry Petroleum as lessee Phone: Contact Person: Bryan Burns Phone: 303-825-3344 Location: approximately 9 miles northwest of the Town of Parachute — CR 215 to Garden Gulch Summary of Request: Facility would provide metering and distribution of natural gas from nearby wells. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by day AND date. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge Paper Engineering (Mountain Cross) Paper and CD Vegetation Manager CD Oil and Gas Liaison CD Environmental Health CD Board of County Commissioners 5 paper PLANNER PAPER AND CD Public paper COLORADO STATE LOCAL/FED GOVT ENTITIES Health Denartment AOC) - CDOHF. CD Wildlife Division (GJ Office) CD Bureau of Land Management CD DISTRICTS/SERVICES Fire District — Grand Valley FPD CD PUBLIC NOTICE TAKE NOTICE that Chevron (U.S.A.), Inc as property owner, and Berry Petroleum Company as lessee, have applied to the Board of County Commissioners, Garfield County, State of' Colorado, to request approval for a Limited Impact Review to allow for a Central Delivery Point #2 Project on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: (PLEASE INSERT LEGAL DESCRIPTION) Practical Description: (PLEASE INSERT PRACTICAL DESCRIPTION) The application requests a Land Use Change Permit to allow for a facility that will received natural gas from adjacent wells, meter it and deliver it to a pipeline for transport to processing and sales. All persons affected by the proposed Preliminary Plan are invited to appear and state their views, protest or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, August 2, 2010 at 1:15 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Page 1 of 1 Burns, Bryan 0. From: Tom Veljic [tveljic@garfield-county.com] Sent: Wednesday, April 21, 2010 10:38 AM To: Burns, Bryan O. Subject: RE: Adjacent Landowners Question From the site. Tom Veljic From: Burns, Bryan O. [mailto:bob@bry.com] Sent: Wednesday, April 21, 2010 10:34 AM To: Tom Veljic Subject: Adjacent Landowners Question Tom, A quick question regarding Adjacent Landowners requirements in the Limited Impact Review process: Is the applicant required to list all adjacent landowners within 200ft. of the SITE itself, or all adjacent landowners within 200ft. of the PARCEL encompassing the site location? Thank you! Bryan Burns Environmental Specialist Berry Petroleum Company 1999 Broadway, Suite 3700 Denver, CO 80202 Direct: (303) 999-4245 Cell: (303) 726-8040 6/2/2010 ;"..' 'g= 'il:,0 i[--,.7(---x. it no AII1IaLd (3-.4, ° -'� woa� 3NI 3dld B 0�J,J��ff '• n ENSR New York State Department of Environmental Conservation, New York Guidelines for Urban Erosion and Sediment Control. New York. Fourth Edition, 1997. <http://www.dec.state.ny.us/website/downoolbox/escstandards> United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Field Office Technical Guide. 2002. <www. nres. u sda.gov/technical/efotg> Small Depres&on la Capture Runoff Mom Benn of Diversion Figure D-1 Temporary Diversion Installation FLOW Figure D-2 Permanent Diversion Installation Ins: 1) ave%ion shaft elope between 0.5% end S% to a zedoutlet. 2) iversIlocated aboveabove or below well pads shall have a vegetated buffer between the diversion and the pad, fl possible. 10' Settlement Stabllize with vegetation send Mulch or Erosion Control Blanket — Design Depth 1 Mex 2 NOT TO SCALE M:1Berry1Ganlee Gulch SWMP\Nppendix 6 - BMPs.doc D-4 Small Depression to Capture Runoff love Berm of Diversion February 2006 ENSR Environmental Protection Agency (EPA), National Pollutant Discharge Elimination System (NPDES). Construction Site Storm Water Runoff Control. Washington, D.C., February, 2001 <http://cfpu b. epa.gov/nudes/stormwater/menu ofbmps/con_site.cfm> Horizon Environmental Services, Inc, Guidance Document Reasonable and Prudent Practices for Stabilization (RAPPS) of Oil and Gas Construction Sites. April 2004. Figure ST -1 Sediment Trap Installation Cut or nn Embankment —� - Ripran (R) or / Erosion ControlBlanket(ECS) • floe Construct spillway of rlprap. straw bales, wattles and/or sill fence (see delays) Adequate volume to contain design Bows Stake (Installed bat least 16' belowgrede) "\ lw Mtn, 12' Ripap Of -used) Vales Silt fence inalelletkir (optional) Stake (Installed to at least 12' below grade) Shaw bales or wattles Rip rap at erosion i Control blanket Small Rime tit t yT Cl RI mbankment .. Vis._..,.,.. Mdnr trench'.., Riprap a grave (optional) Length of crest= .5' x drainage area (ac) �Welr Crass Gooiest*, M:1Beny\Granlee Gulch SW MP1Appendix B - BMPs.doc ST -3 Mat, ponded depth - February 2008 ENSR Sediment Trap (ST) Description Sediment traps are small ponding areas that allow sediment to settle out of runoff water. They are usually installed in a drainage way or other point of discharge from a disturbed area. Sediment traps are formed by excavating below grade and/or by constructing an earthen embankment with a lined spillway to slow the release of runoff. Applicability Sediment traps are generally temporary control measures used at the outlets of storm water diversion structures, channels, slope drains, construction site entrance wash racks, or any other runoff conveyance that discharges waters containing erosion sediment and debris. Sediment traps should be used for drainage areas less than five acres. The effective life span of these temporary structures is usually limited to 24 months. Traps may be located in series to allow for backup control in case one trap fails. Limitations • Regular maintenance is needed to remove sediment. Traps should be located near roads or where accessible to remove sediment. • Although sediment traps allow for settling of eroded soils, because of their short detention periods for storm water they typically do not remove fine particles such as silts and clays. • Water may remain in trap for extended periods causing an ideal spot for mosquitoes and other insects to gather. Locate the trap in a sunny spot if possible. • Never construct a sediment trap on a live flowing stream or in wetlands. Design criteria Location Traps should be located at points of discharge from disturbed areas. The location will be determined by the natural terrain, drainage pattern of the runoff, and the accessibility for maintenance. Sediment traps should not be located in areas where their failure due to storm water runoff excess can lead to further erosive damage of the landscape. Alternative diversion pathways should be designed to accommodate these potential overflows. Sediment trap locations should also allow for east maintenance access for the periodic removal of accumulated sediment. Storage capacity A sediment trap should be designed to maximize surface area for infiltration and sediment settling. This will increase the effectiveness of the trap and decrease the likelihood of backup during and after periods of high runoff intensity. The approximate storage capacity of each trap should be 3,600 ft3 per acre of contributing M:\Berry\Grantee Gulch SWMP\Appendix B- BMPsdoc ST -1 February 2008 ENSR drainage area. Half of this volume may be in the form of wet storage (a permanent pool) and the other half may be in the form of dry storage. When possible, the wet storage volume should be contained within the excavated portion of the trap. The volume of a natural sedimentation trap can be approximated by the following equation: Volume (ft3) = 0.4 x surface area (ft2) x maximum pool depth (ft) Construction Specifications See Figure ST -1 for installation details. 1. If possible, sediment traps, along with other perimeter controls, shall be installed before any land disturbance takes place in the drainage area. 2. Traps should be located above the floodplain, where possible. If there are space constraints, several small sediment traps may be constructed in series. 3. Area under embankment shall be cleared, grubbed, and stripped of any vegetation and root mat. The pool area shall be cleared. 4. The fill material for the embankment shall be free of roots and other woody vegetation as well as over- sized stones, rocks, organic material or other objectionable material. The embankment shall be compacted by traversing with equipment while it is being constructed. Seeding of the embankment should be performed as soon as possible after construction of the sediment trap. Erosion control blanketing may also be used to cover the embankment in combination with seeding or during time periods when seeding is ineffective. 5. The spillway may consist of a stone section in the embankment formed by a combination coarse aggregate/riprap to provide for filtering/detention capability. Riprap shall be 4- to 8 -inch rock, while the coarse aggregate shall be 1/2 to 3/4 inches. A geotextile may be placed at the stone -soil interface to act as a separator. 6. Another option for the spillway is to use straw bales or wattles at the overflow point in the trap and line the rest of the spillway with an erosion control blanket (see applicable BMP). Maintenance considerations The frequency of inspections should be in accordance with the Storm Water Management Plan (SWMP). The primary maintenance consideration for temporary sediment traps is the removal of accumulated sediment from the basin to ensure the continued effectiveness of the sediment trap. Sediments should be removed when the basin reaches approximately 50 percent sediment capacity. Inspectors should also ensure that the trap is draining properly and check the structure for damage from erosion. The depth of the spillway should be checked and maintained at a minimum of 1.5 feet below the low point of the trap embankment. Removal The structure shall be removed and the area stabilized when the drainage area has been properly stabilized. References Colorado Department of Transportation (CDOT), Erosion Control and Stormwater Quality Guide. 2002. <http://www.dot.state.co. us/environmental/envWaterQual/wgms4.asp> M:1BenyGranlee Gulch SWMPWppendix B - BMPs.doc ST -2 February 2008 Cc - 0, 009Z9E6 00LZBE6 009t9E6 009 net, O06Z9E6 OOEZBE6 1 1 1 1 1 00zz9Ct 001 i9E6 000ZRE6 OOLZOE6 009 Z9 E6 005 ZBE6 00620E6 00MICP 00ZZQE6 0011BE6 Map Scale: 1:5,710 if printed on A size (8.5' 0 0 0 0 0 O r) 0 o Nr N m m N m a 0) z 1Y0 0) a) Cn 0 CO =0=m 0 4 .0 0 0 do c 0 Z CO z co o ct MAP INFORMATION MAP LEGEND Map Scale: 1:5,700 if printed on A size (8.5" x 11") sheet. Very Stony Spot The soil surveys that comprise your A01 were mapped at 1:24,000. co ± ){:){ { § -o 0 0 )\ t § 00 E } 2t° 0 ^ z C< J 0 ; 3;/ / -7 # r e2 ©oma o §i® )./ - - o 23 K{ y : 55 tu { -0ca \\\ \ \\\0 /) ƒf {»§ /)-{7aj )\\Ho.o 2 \)\\ CO )) Yi TO al a. V2 r: Rm.;•,<Jaa®-i-1 a*ma Political Features 0 oo C en Streams and Canals o ce3 [2 tl 0 Cal ( r CO cn 2) o \\ Sail Map -Rifle Area, Colorado, Parts of Garfield and Mesa Counties NRCS Map: CDP #2 Soils On & Around Site Map Unit Legend Rifle Area, Colorado, Parts of Garfield and Mesa Counties (CO683) Map Unit Symbol Map Unit Name Acres in AOI Percent of AGI 36 52 Irigul channery loam, 9 to 50 percent slopes Parachute loam, 25 to 65 percent slopes 12.7 53 Parachute -Rhone loams, 5 to 30 percent slopes 61 Rhone loam, 30 to 70 percent slopes Totals for Area of Interest 72.2 43.3 32.0 160.2 7.9% 45.1% 27.0% 20.0% 100.0% USDA Natural Resources Web Soil Survey 5/21/2010 Conservation Service National Cooperative Soil Survey Page 3 of 3 1111 rd.1 L;dh!I,h li [iIltc+l,li14414414YNlf ll#JJN^l 111! Receptionq: 779331 12/18/2009 10.20 22 AM Jean Alberaco 1 of 1 Rec Fee SE, DO Doc Fee.0 DO GARFIELD COUNTY CO STATEMENT OF AUTHORITY Chris Freeman as Regional Manager, Environmental and Government Affairs for Berry Petroleum Company, a Delaware corporation, is authorized to act on behalf of, and represent Berry Petroleum Company in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Berry Petroleum Company files of record statement that Chris Freeman no longer has said authority. Berry Petroleum Company acknowledges that when any such permits are issued by Garfield County, the County may choose to place them of record and such permits may contain covenants that run with the particular lands identified in such permits. Berry Petroleum Corporation By: Name: Dan Anderson Title: Vice President, Production STATE OF COLORADO, COUNTY OF DENVER This instrument was acknowledged before me on this 11 day of December, 2009, by Dan Anderson, Vice President of Production, Berry Petroleum Company, a Delaware corporation. Notary Public, State of Colorado APPLICATION FOR LIMITED IMPACT REVIEW BUILDING AND PLANNING DEPARTMENT GARFIELD COUNTY, COLORADO CENTRAL DELIVERY POINT #2 PROJECT SUBMITTED BY BERRY PETROLEUM COMPANY April 2010 Chevron USA Jenlral D,strici of Point Ha 2 Limited Impact Rev.. ..... LIPA-4-1D-6400 Berry Petroleum Company Tom Veljic, Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 1999 Broadway St., Suite 3700 Denver, CO 80202 Ph: (303) 825-3344 Fax: (303) 825-3350 www.bry.coni April 21, 2010 Subject: Limited Impact Review Application- Materials Handling Berry Petroleum Company Central Delivery Point (CDP) #2 Project Dear Mr. Veljic: Enclosed for your review and processing are three copies of Berry Petroleum Company's Application for a Limited Impact Review- Materials Handling. The Application requests approval from Garfield County to install a Central Delivery Point with a single 100 bbl. tank on-site in the SWNW of Section 6, T6S-R96W. The enclosed Application includes a check for $400 to cover the county's base fee, a signed Limited Impact Review Application Form, and the Application materials themselves with all required information, maps, and details. If you have any questions or comments, please contact me at your earliest convenience at 303-999-4245 or via email at bob@bry.com. Sincerely, Bryan Bums Environmental Specialist Berry Petroleum Company LIMITED IMPACT REVIEW APPLICATION TABLE OF CONTENTS: A. $400 Check, Base Fee B. Pre -Application Conference Form C. Application (4-502(B)) D. Project Narrative, including: Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 APPLICATION: Land Suitability Analysis (4-502(D)) i) Public Access to Site ii) Access to Adjoining Roadways iii) Easements iv) Topography and Slope v) Natural Features vi) Drainage Features vii) Water viii) Floodplain ix) Soils x) Hazards xi) Natural Habitat xii) Resource Areas Impact Analysis (4-502(E)) i) Adjacent Property ii) Adjacent Land Use iii) Site Features iv) Soil Characteristics v) Geology and Hazard vi) Effect on Existing Water Supply and Adequacy of Supply vii) Effect on Groundwater and Aquifer Recharge Areas viii) Environmental Effects ix) Traffic x) Nuisance xi) Reclamation Plan FIGURES: Regional Location Map Vicinity Map Site Plan (4-502(C)(2-3) Stormwater & Reclamation Plan Related Future Pipeline Infrastructure Identified Adjacent Wildlife Habitat ATTACHMENTS: Adjacent Property Owners Information, Parcel Maps Road Easements and Land Documentation Spill Prevention Control and Countermeasures (SPCC) Plan Cultural Resources & Paleontological Assessment Basic Traffic Analysis GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com LIPA-4-10-6400 PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Tom Veljic PROJECT: Central Distribution Point No.2 COMPREHENSIVE PLAN: Study Area V OWNER: Chevron USA Inc. PreApp DATE: January 28, 2010 PARCEL: 2171-182-00-008 ZONING: Resource Land/GS REPRESENTATIVE: Berry Petroleum/Bryan Burns PRACTICAL LOCATION: Eight miles Northwest of Parachute west of CR 215 TYPE OF APPLICATION: Limited Impact Review/Material Handling (Industrial Standards) GENERAL PROJECT DESCRIPTION — The site is located northwest of Parachute with access off of County Road 215. The intended use of the site is a Gas Distribution Station with some accessory storage of petroleum byproducts remaining from the "pigging" of pipelines. The site will contain exposed pipelines and electrical equipment used for the transfer of gas from different lines in the system. The proposed site is currently located adjacent to existing pipelines and future pipelines will be directed to this site from nearby well pads. The parcel is 5,507 acres in area and owned by Chevron USA, Inc. The site would be unmanned and only require occasional maintenance traffic and monthly tanker trucks for the retrieval of petroleum byproducts in the single storage tank. No water or ISDS is proposed for the site since it is unmanned. Access would be via private internal roadway intersecting County Road 215. The basic traffic analysis for this proposal should identify the roads used by the maintenance and tanker truck trips and the impacts to CR 215 and state highways. Your application should provide an accurate assessment of traffic volumes to and from the site including the time of day, number of trips, proposed routes, and impacted intersection(s). This traffic analysis should be performed and sealed by a professional that is qualified to prepare this document. Standards for Industrial Uses in the RL zoning district (Section 7-810) will apply to development of this site. The operation is considered a Material Handling facility with accessory uses that may include processing and temporary storage. All on-site uses should be identified in the application narrative. I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: (IT IS HIGHLY RECOMMENDED YOU BECOME FAMILIAR WITH THE PLANS AND REGULATIONS NOTED BELOW) • Garfield County Comprehensive Plan of 2000 as amended • Garfield County Unified Land Use Resolution of 2008 as amended o Article III, Zoning o Resource Land -Gentle Slopes o Article IV, Application and Review Procedures (Section 4-103) o Section 4-105, Limited Impact Review o Section 4-501 E, Application Materials o Section 4-502, Description of Submittal Requirements o Article VII, Standards o Divisions 1 - 3 • Section 7-212 (B) Reclamation of Disturbed Areas o Sections 7-810, Industrial Uses o Article XVI, Definitions II. PROCESS In summary, the process will be the following: 1. Pre -application Meeting (held 1/28/2010) 2. Submittal of complete Limited Impact Review Application a. Which includes Land Suitability Analysis and Impact Analysis 3. Review by staff for Technically Complete (TC) Status 4. Notice of TC to applicant with schedule; Applicant submits copies for referral to reviewing agencies 5. Applicant prepares public notice for advertising, mailing, and posting of site a. Public notice will be from entire ownership not the gas distribution station site 6. Hearing scheduled for Board of County Commissioners and copies sent to referring agencies and departments 7. Staff report preparation and Board of County Commissioners hearing and Decision. III. APPLICATION REVIEW a. Review by: b. Public Hearing: Staff for completeness recommendation and referral agencies for additional technical review Planning Commission X Board of County Commissioners Board of Adjustment c. Referral Agencies: Garfield County Road and Bridge Garfield County Attorney Garfield County Public Health Garfield County Vegetation Management School District Fire District Town of Parachute Colorado Department of Transportation IV. APPLICATION REVIEW FEES a. Planning Review Fees:$ 400.00 b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $ 400.00 (additional hours are billed hourly) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: Thomas Veljic, AICP Senior Planner Attachments: No Attachments /(o`. % L -oto Date A digital version of the Limited Impact Review Application is available on-line at; http://www.cia rfield-county.com/Index.aspx? page= 1113 Please refer to the sections of the Unified Land Use Resolution of 2008 noted above which is located at; http://www.Barfield-countv.com/lndex.aspx?page=578 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945,8212 Facsiml'Ar a71-1 nR4-3470 vwvw.garfield-county.com LIPA-4-10-6400 E] LIMITED IMPACT REVIEW ❑ LIMITED IMPACT REVIEW [AMENDMENT] ❑ CUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amended] GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: Chevron (U.S.A.), Inc., Attn. Walter Jones > Mailing Address: P.O. Box 2100 Telephone: (_713—) 372-3463 > City: Houston State: `Ix Zip Code: _77252_ Cell: (_,—) _--_—_ ➢ E-mail address: wjbj@chevron.com FAX: 866 452-5759 > Name of Owner's Representative. if any. (Attorney. Planner. Consultant. etc): > Berry Petroleum Corrparry, Attn. Bryan Burns > Mailing Address: 1999 Broadway, Suite 3700 > City: Denver Telephone: (303_) 999-4245 State: co Zip Code: _80202_ Cell: ( 303 726=8040 > E-mail address: bob@bry.com > Requested Use from Table 3-501 or 3-502: M inor M aterials Handling. FAX: 303 999-4345 • Street Address I General Location of Property: --_,—_ Located atop the mesa West of County Road 215, just North of Garden Gulch A Legal Description: Lot 14- SWNJV Section 6, 6S -96W, 6th Principal Meridian, Garfield County, CO ' Assessor's Parcel Number: 2 1 7 1. 1 8 2_ 0 0_ 0 0 8 > Existing Use: 1: MANUFCTNG/PROCESNG_2: IRRIGATED LAND-AGRICLTRL, 3: GRAZING LAND > Property Size (in acres) Approx. 1!3 acre Zone District: Resource Lands- (R/L) Plateau s7 Last Revises! 10/06109 I. GENERAL SUBMITTAL REQUIREMENTS [The following general application materials are required for all Limited Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Community Facility, Parking Lot, Library, etc,) are detailed in Sections 3-301 of Article III and Article VII of the Unified Land Use Resolution (ULUR) of 2008.] A. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles III and VII of the Unified Land Use Resolution of 2008. C. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). E. Vicinity map: An 8 '/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. F. A copy of the Pre -Application Conference form from the original Pre - Application Conference. G. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. I. Limited Impact Review Process The following section outlines and describes the Limited Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified;. Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Limited Impact Review as defined in Table 3-501 or 3-502 in Article III.] A. Outline of Process. The Limited Impact Review process shall consist of the following procedures: 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Land Suitability Analysis (4-502(D)) 4. Impact Analysis (4-502(E)) II. Limited Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Limited Impact Review permit shall require application to the Director for Amendment of a Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Limited Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Limited Impact Review shall consist of the following procedures. 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review Amendment application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result in a substantial change defined here: Substantial Change. A change to and existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c. Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Sig 4/14/2010 Owner) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination Planning Staff Hourly Rate ■ Planning Director • Senior Planner ■ Planning Technician ■ Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 NO FEE $50.50 $40.50 $33.75 $30.00 Determined by Surveyor$ $11 — 1St page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Berry Petroleum Company Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Limited Impact Review- Materials Handling Facility (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Bryan Burns Print Name Mailing Address: 1999 Broadway, Ste. 3700 4/14/2010 Date Denver, CO 80202 Page 4 STATEMENT OF AUTHORITY Pursuant to C.R.S. X38-30-172, the undersigned executes this Statement of Authority on behalf of BEIZIVIPETLEuM cor.QAN4' , a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is BiER•ww1e esT .01,60m 6o. and is formed under the laws of PE i kfE The mailing address for the Entity is 1144 gp.oi{•CiZq,ye ) StE `3 OV NV Ert i j 8Dzos" The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is 311-.Y4a gurz0 , ENV Vi2ONMEMTft L- S aie-r -LsCr1 PEtrtoLEuM Com plo p The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: NONE (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this Zi.B day of A.Pt S L 2010. Signature: Name (typed or printed: (CS rre-t9 444 ✓� Title (if any) : Re rbna / lan 9 (('i �na;con,4/ V J STATE OF Co iUr�x.�It; COUNTY OF :6 e fly e, - )SS. The foregoing instrument was acknowledged before me this .1,21;,_ day of /-r,O, 20,•i> by ':h ta. rS r,vmer-, , on behalf of -Ki-i*r 9,1,U1,.,,,r„.. co �'p%, a (L1n p{14, Wit „es\s 3.rip iiiir yy�jt,�ii4441� and official seal. \-\‘''............ 0 $Omi pr a res: .j0',O,(1-t6,,_. P i-a -) "� ,,,.,...,o - (No ary Public) s PUe, \Co S � s... • � *Zi,?,:1 m fl Ei' 05/09 D. APPLICATION NARRATIVE Introduction This Application for a Limited Impact Review is being submitted by Berry Petroleum Company (Berry) in support of its Piceance Basin natural gas operations, located northwest of Parachute, CO, near upper Parachute Canyon. In brief, Berry Petroleum proposes to construct a 1/3 acre site to be used as a central delivery point where natural gas from individual pads would be transported into a main sales line. The site will be unmanned and will require only occasional maintenance traffic. As shown on the site layout under the Figures tab, the location will contain piping, control valves, meters, an in-line separator, and a 100bbl. blow -down tank to store small amounts of petroleum byproducts resulting from pipeline maintenance or "pigging" operations. The Central Delivery Point #2 should be classified as a minor Material Handling facility. This project is integral to Berry's operations because it enables natural gas produced from adjacent pads to be brought to market. The proposed Central Delivery Point will be located in a remote rural portion of Garfield County used for livestock grazing & natural gas production, and will be accessed via private roads. There are no occupied residences or sensitive land uses, such as schools, in close proximity to Berry's operations. Project Location Berry is operating natural gas wells on the plateaus and in the valleys on the west side of Parachute Canyon in Townships 5 & 6 South, Ranges 95, 96, 97 West of the 6th Principal Meridian in Garfield County, Colorado. Berry's leased acreage block on the west side of Parachute Canyon is on lands primarily owned by Chevron USA, Inc. (Chevron) and comprises 5,507 acres. The site will be located in Lot 14- SWNW 1/4 of Section 6, T6S- R96W, 6th Principal Meridian, Garfield County, CO. Please see attached Figures tab for a visual representation of the project area. Land Suitability Analysis (4-502(D)) i) Public Access to Site From Parachute, head North on County Road 215. Turn West on the Garden Gulch Access Road and travel 9.25 miles to the project site. All unauthorized public and private traffic is prohibited on this road. ii) Access to Adjoining Roadways The only significant adjoining roadway to the Garden Gulch Access Road is County Road 215. Please see Attachment 5: Basic Traffic Analysis for further traffic and roadway information. 15 J c Orte i r iii) Easements Please see Attachment 2 for all easements, leases, and related documentation. The final page under Attachment 2 is a letter from the landowner, Chevron, authorizing Berry to go out to permit specifically for this site. iv) Topography and Slope Please see site plan and vicinity map under the Figures tab. v) Natural Features The proposed Central Delivery Point is located atop a ridge. According to the plat, there will be approximately 20 feet of relief between the top of the cut slope and the stormwater runoff detention pond below the fill slope. No other significant natural features exist on-site or in general proximity to the site. vi) Drainage Features There are no known drainages in close -proximity to the site. The disturbed area will be atop a hillside, so run-on from above the disturbance should be minimal. All run-on and melt water will be channeled into a diversion ditch along the perimeter of the pad, where it will eventually reach a detention pond to facilitate sediment drop-out. Clean water is then released from the pond into a naturally vegetated buffer below the site. vii) Water Farming and irrigation are not allowed on the subject property, but limited grazing does occur during the warmer months of the year. Cattle have specific ponds where they drink, most of which are fed by natural drainages. This site would not impact any existing drainages or ponds and will not affect the existing water supply. While the existing pad itself diverts run-on water in a ditch, that water eventually is released according to natural drainage patterns. This pad will not be located in or around any riparian areas. viii) Floodplain The subject property is located on a ridgetop on a vast plateau. It is not located near any known floodplain or flood fringe. ix) Soils The major soil types in the site vicinity are deep, well -drained loamy soils with moderate permeability and low water holding capacity. The soil series of this area is predominately made up of the Parachute -Rhone loam complex. Slopes range from 5- 30%. Native vegetation land cover types include Elk Sedge, Bromes, Indian Rice Grass, Wheatgrass, Junegrass, Serviceberry, Bitterbrush, Sagebrush, Shadescale, Saltbrush, Greasewood, and Yucca. x) Hazards The subject area is a stable Craton and no geologic hazards exist adjacent to or on-site. xi) Natural Habitat The soil series of this area is made up of the following complexes: Nihill channery loam, Irigul-Starman channery loam, Northwater-Adel complex, Parachute-Irigul complex, Parachute-Irigul-Rhone association, and Parachute -Rhone loams. Native vegetation land cover types include Gambel Oak, Elk Sedge, Aspen, Bromes, Pinyon, Juniper, Indian Rice Grass, Wheatgrass, Junegrass, Serviceberry, Bitterbrush, Sagebrush, Shadescale, Saltbrush, Greasewood, and Yucca. No wetlands have been identified near the site. Wildlife habitat in the area includes Elk and Sage Grouse. There are no known migration routes through or in close proximity to the site. There are no sensitive breeding areas or leks within a half -mile radius of the site. Please see Figure 6 for details on identified adjacent wildlife habitat. xii) Resource Areas The subject property is located within the Resource Lands- Plateau designation. For an assessment of archaeological, cultural, paleontological, and historic resources, please see Attachment 4. Impact Analysis (4-502(E)) i) Adjacent Property Please see Attachment 1 for adjacent surface and mineral owners list and map. ii) Adjacent Land Use In general, the siting of the proposed Central Delivery Point carefully considers adjacent landowners and other land uses. The proposed Central Delivery Point would be located in a remote portion of Garfield County, in a rural area used for limited livestock grazing and natural gas production. There are no occupied residences or sensitive land uses, such as schools, in close proximity to Berry's operations. The proposed Central Delivery Point would be installed on a large tract of private land owned by Chevron (USA), Inc., and leased to Berry Petroleum Company. Additional measures that would be taken to reduce impacts to adjacent landowners include: • No alcohol or illegal drugs would be tolerated at any time at this facility; • Guns and other weapons are prohibited; • Open fires and smoking outside of designated areas are prohibited to minimize the risk of wildfires; • Compliance with all posted speed limits on access roads is required or speed limited to 25 mph on roads not posted; • No pets are allowed on-site; and • Good housekeeping practices would be implemented to prevent animal nuisance issues. iii) Site Features The proposed Central Delivery Point is located near the top of a ridgeline away from drainages and steep slopes. As shown on the plat, there is roughly 20 feet of relief between the top of the cut slope and the stormwater runoff detention pond below the fill slope. There are no known drainages in close -proximity to the site. Run-on from above the disturbance should be minimal. All run-on is channeled into a diversion ditch along the perimeter of the pad, where it eventually reaches a detention pond where sediment settles out of solution. Clean water is then released from the pond into a naturally vegetated buffer below the site. Native vegetation land cover types include Elk Sedge, Bromes, Indian Rice Grass, Wheatgrass, Junegrass, Serviceberry, Bitterbrush, Sagebrush, Shadescale, Saltbrush, Greasewood, and Yucca. Pre -disturbance ground cover varies from 70-98%. No wetlands have been identified near the site. iv) Soil Characteristics Soils composing the proposed location will be compacted and verified to meet engineering specifications and best management practices for site stability. The major soil types in vicinity of the site are deep well -drained loamy soils with moderate permeability and low water holding capacity. The soil series of this area is made up of the following complexes, Nihill channery loam, Irigul-Starman channery loam, Northwater-Adel complex, Parachute-Irigul complex, Parachute-Irigul-Rhone association, and Parachute -Rhone loams. v) Geology and Hazard The subject area is a stable craton and no geologic hazards exist adjacent to or on-site. Possible man-made hazards include vehicle collisions, tank release, and accidental harm like burns or fall -related injuries. All employees on-site are to have been trained in appropriate safety best management practices to minimize the risk of work-related injury and vehicle collisions. Employees are specifically trained to be mindful of their duties to avoid accidental releases of liquids. In the event of a release, all tank perimeter containment structures to be installed are sized to contain the capacity of the largest tank. The pad and BMPs have been designed to maintain fluids on-site and Berry's attached Spill Prevention and Control Countermeasures (SPCC) Plan ensures that the site will be inspected frequently to maintain compliance. vi) Effect on Existing Water Supply and Adequacy of Supply Farming and irrigation are not allowed on the subject property, but limited grazing does occur during the warmer months of the year. Cattle have specific ponds where they drink, most of which are fed by natural drainages and are distant from the proposed location. This site would not impact any existing drainages or ponds, and should not affect the existing water supply. The proposed pad will divert any run-on/storm water around the perimeter in a ditch, before it eventually is released along natural drainage patterns. The liquid stored in the tank should never migrate off the pad or into stormwater ditches, as a containment structure around the tank has been sized to adequately protect the pad and surrounding areas. The pad itself has also been designed to contain any fluid releases from leaving the pad. vii) Effect on Groundwater and Aquifer Recharge Areas This facility should have no impact on the water table or surface drainages. As shown in site and vicinity maps, there are no nearby drainages, and there will be no sub -surface drilling on-site that could impact aquifers or groundwater. viii) Environmental Effects a. The proposed 1/3 acre Central Delivery Point is to be constructed in flat to gently sloping terrain. Construction will limit the total disturbed area necessary for eventual site operation to reduce environmental impacts. After construction activities, the site cut and fill slopes will be stabilized and seeded to achieve interim reclamation. In the longer term, when the site is no longer in use, the pad will be reclaimed to the land's original contours and reseeded to encourage full native plant revegetation. b. Please see Attachment 4- Cultural Resources and Paleontological Assessment. c. While the site is located in previously identified Elk and Sage Grouse habitat, no construction of the facilities will occur during sensitive time designations for these species (May 15 -June 15 and March 1 -June 30). Please see Figure 6. Alteration of existing vegetation will be minimal and adequate habitat currently surrounds the site. There are no known migration routes through or in close proximity to the site. No hazardous attractions will be installed on-site, and containment structures will separate wildlife from on-site facilities. d. No radiation hazards exist. e. Please see SPCC Plan, located under Attachment 3 tab. ix) Traffic 3. a. -d. Please see Attachment 5- Basic Traffic Analysis e. County or state permits required include: - Garfield County Grading Permit for pad site construction. x) Nuisance Minimal amounts of VOCs will be emitted from the pigging -related condensate storage tank. The tank on-site will be closed -top and will include vent lines with vacuum and pressure -sealed hatches. Calculations of potential throughput for this site have determined that uncontrolled actual emssions of VOCs would be less than two tons per year. This site is therefore permit exempt as uncontrolled VOC emissions are less than 5 tons per year. Limited emissions will occur from fire tubes on the tank heater as well. None of these vapors or emissions are expected to migrate far off-site where they could be a nuisance to other property owners. Given the remoteness of the site, noise is also not projected to impact adjacent landowners or wildlife. Water dispersion trucks travel roads frequently during the dry season to mitigate dust generation, and the single tank will be painted to avoid glare and match the surrounding vegetation and environment. xi) Reclamation Plan Upon cessation of activity, the Central Delivery Point pad area will be reclaimed by contouring disturbed soils to conform to the surrounding terrain, replacing the stockpiled top soil, seeding of disturbed soil areas in order to reestablish cover vegetation, and construction of permanent erosion and sediment control structures as needed. Stabilization is achieved once uniform vegetative cover is established with a density of at least 70 percent of pre -disturbance levels. The tank will be removed and stored elsewhere or disposed of at an approved facility when no longer needed for operations. WEED MANAGEMENT & RECLAMATION PLAN SECTION 1- SOIL HANDLING i) 14,520 square feet, 5,378 cubic yards disturbed. ii) On-site topsoil will be managed carefully to limit erosion potential. Every effort will be made to avoid the surrounding topsoil and limit disturbance to better accommodate future revegetation. All stockpiles will be contained within earthen, filter, or hay bale berms to limit off-site sediment transport. iii) Exposed topsoil/aggregate piles will be eliminated as soon as practical, not to exceed 90 days after initial excavation. iv) Exposed disturbances or stockpiles will be reclaimed as soon as practical, not to exceed 90 days after initial excavation. v), Please see related erosion and stormwater control measures in the attached Erosion/Stormwater Management Figure 4. Dust mitigation will be provided by water trucks utilizing rear sprinkler dispersion mechanisms, and will be used as necessary to control fugitive dust. vi) The maximum depth of cut or fill will not exceed 20ft. or slopes 25%. SECTION 2- WEED MANAGEMENT PLAN i) County & Colorado Listed A&B Noxious Weed Inventory: Common Mullein - Verbascum thapsus Houndstongue - Cynoglossum officinale Musk Thistle - Carduus nutans Bull Thistle - Cirsium vulgare Canada Thistle - Cirsium arvense These are the most commonly found weeds in the area. Currently, terrain is partially under snow cover and not suitable for a weed survey. ii) After construction work has ceased, spraying will occur three times annually field -wide, to minimize the spread of noxious weeds. During reclamation & revegetation, only landowner approved, weed -free seed mixes will be utilized to ensure weed species are not introduced in the project area. Spraying for weeds is conducted by Julius Ag Co. (970-379-2817). Weed species that are present elsewhere in the area are identified and sprayed by this company. Berry has and will continue to depend upon their expertise in tailoring spray treatments to the noxious weeds that are present on the Central Delivery Point location and on all Berry disturbances. Treatment records of the project area will be available upon request. SECTION 3- SITE REVEGETATION AND RECLAMATION i) Plant material list: Please see approved seed mix to be used during revegetation and reclamation (attached). ii) Planting will occur immediately upon completion of construction activities in the project area. Hydro -mulch will be applied where needed. Broadcast seeding techniques will be utilized, with a seed density of 50 lbs./acre. iii) Please see site map, located under the FIGURES tab, which shows the associated area of disturbance. SECTION 4- COST ESTIMATE / FINANCIAL SECURITY The total disturbed area of Berry's Central Delivery Point #2 project will incorporate 1/3 acre. If a surety bond is required for reclamation, one will be prepared for an amount determined by the County. Please e-mail Bryan Burns at bob@bry.com with instruction, if that is deemed necessary. 93039994345 5 ••1 1. h. IC ry7 vi mW °G r N » I rt „ 0 t: Pro Y.J C >> ! ,°3�i33ao3a3� 0 •0 F00004M000 0'0O t e a z _ z 0 E 0 z 0; J ! o ! M o 0I 410$000t940‘ 0r00r01 7°Odr.0$'" 6 rrrr�r • • • I 0 a: d 7c H • YJn` °zoo g ZUN JZI •¢00 •.(l1FJ 000°oZO'4 ALM 4+01 }taltj'. ACOMOO ounaiwa Owe >$°aflHa(a z° oJouu Fa<i4Ok. k€ X 20rz ntzJ ZZG°FUOF 0 0 11 t 0 .0 0 0 to V a W 3) W W.; J 0 Landowner Approved Seed Mb :,,,\•` :. )) r r \s.,,--. rf.i/ i \1/fir}'� gt 7-1 r i Proposed CDP site #2 Piceance Basin Garfield County, Colorado )ate: 03/09/2010 Viciusrf Map 'FiciuRE 2. ABERRY PETROLEUM CO. 1999 Broadway, Suite 3700 nil. Denver, Colorado 80202 ,is - ell 0 z t Ji 1- 4mA.- uacoin 2 ° Fel* 6 0 J 000dd)d j SHEET 1 OF 1 CHECKED BY: BW DWG: COPPSITE.DWG DRAFTED BY: BW DATE: 10/01/2009 1 1 � o � ` I- !I ` ' 1� ; o III .w- ' 17. I /-''--''''-1 i I I �II a •I` h 1 — _ -11y.,f_b _ 1 J 1 I 1 }1:- i = r 1113I3' J 9- Ik102IJ3N11$. Id ❑3SG\dOdd.. ss m dJ = J‘,. A„ s `�^ OHO '� a o • vsr I i ,e io n w \ 1 x oI\IZj`J I P to 9Z4 1 ��s `-- IK� \ I Od027d I \, �. _`� 1 �LA _ \ \` \h -zap A f Jqi 11 r.7 (T3 ! "' %� I !� 103v6.3 /► 1 1 , \ —/"—/— —-- NE EDGE. /OF PERM/AN' T ROW / ! R PIPELINE FROM 0-6 TO F-6 FACILITY PIPELINE FROM C-6 TO F-6 FACILITY — — — J „ Note: Pad will be gravelled Legend mpg Pad perimeter containment ditch . Hydroseed & slope stabilization OArmored sediment basin 4 11100 Berry Petroleum Company Preliminary Pad CDP 2 Stormwater & Reclamation Plan •17ELATED PzPE1,4774E XNF1iASTRLVTU(tE. 1 i r� 'rte r PROPOSED F-6 PRODUCTION AREA AND LAUNCHER , c - 1 p FELINE EDGE OF I ,' // // PERMANtNi ROW1 Ali 6%ivr6Iv tits ova. r11/2. Ger*. on' be pernC 4eci wttl• C4.r�sld Coun before bewentn, aniSitti+a __ EXISTING F-6 PAD EX1STINP WATER IN GASLINE pIPELINEWORKSPACE ROW � NI I lit ill_ OM NMI Mr/ ' --vow-", 'w r - -EXISTING MAIN�\ ACCESS \ EXISTING 0-6 PAD SCALE 1" = 400' CHEVRON LEASE AREA #1 3265' PROPOSED GASLINE FROM 0-6 PAD TO F-6 PAD 3265' PROPOSED WATERLINE FROM 0-6 PAD TO F-6 PAD 652' PROPOSED GASLINE FROM F-6 PAD TO CDP #2 162' PROPOSED SALES GASLINE FROM CDP #2 TO EXISTING MIMI 12' GASLINE. PROPOSED PIPELINE FOR THE 0-6 PAD SITUATED IN LOTS 11,14,15, & NWSE, SECTION 6 T6S R96W GARFIELD COUNTY, COLORADO Berry Petroleum Company PREFDAF?EO FOR BERIZr PEETROLEL4"1 CONSTRUCTION SUR1PI'Ya, NC. 0012 eUNRT eM BLVD. cO 81652 DATE: 11/19/08 DRAW BY: BW (S70)816 -"i53 SCALE: 1" =400' BERRY\0-6--696 LEGEND O Elk production area O Sage Grouse production area 11110 Sage Grouse LEK .5 mile buffer zone • Mule Deer winter range • Prairie Falcon buffer zone fl BRY Acreage LIST OF ADJACENT LANDOWNERS WITHIN 200 FEET OF PROPOSED CENTRAL DELIVERY POINT LOCATION Adjacent Surface and Mineral Property Owner: PID#: 216901100027 BERRY PETROLEUM COMPANY 1999 Broadway, Suite 3700 DENVER, CO 80202 Specific Site Parcel & Adjacent Property Surface and Mineral Owner: PID#s: 217118200008 & 216912200012 CHEVRON USA, INC P O BOX 285 HOUSTON, TX 77001 31 r Berry Petroleum Company CDP #2 Location Adjacent Landowners Map 20 F----- ID 11 Berry Petroleum 006 Weil Pad a A V• d,-----4--.--,--. ---v="7- 42i) ;• C9D 14 .41.13 Ai I 1 0 4 1 r' 15 10 • • .1i -n.= • • IT-77-r.771An • t J. -33 r 240242240.0 48P - 21:5473.00.ots 13 2.7 tit V; ., • _ • . 10-31 16-01.1) fA ,/ 11 — 6-t0 I j 25 -v / Garfield County, Colorado Assessor's Office 'op ph SI reel, Suite .1w, Gleetemed *ins, CO 1,60e 91.941ern.1 irld-v mat .p Legend Ex.nro aLM VS roses( Segvice SulAvision TIM D0Irk0 Illnuridary ./Se.." Stec, Fatima! I IlighwaY ./Nif Immolate 7o AiCounty ii.c.41 Privarn Rom', Mail OILM CiCD13 3A11. MA. 401,0 ce ti=35 Pt, ty. ‘1.14IC..%ylT C•34.-1• n... 41} 0.4,0 PARCLI. MM SOURCC, I 0,1.4. Off 1.4 Fa. 4 1,10 Al. CI3 on44•414.•1-onto 1 • .141 •opnol....,.1.{-14 CAD • r,n4,.1 JAIL. J1,4 4o IT 13.p....n..8 0.• rn, Township Locator Map "4..' t'J'•4- ......1....., en of.l. ..1... ( • 1.'ll '''' ''''"' _ !!..)..,,; ......t.........,, .4.. ... ...” ..., ., ..,i- ';' 2:...',,..",_*•.,!!` ,^4 .417.,..;24r-.11. - .. ... tnt T”.".., -.!-:72"-.!n .ri.!11.r..7r ".. .-"-I!'-j-"1"•'. 2171 Township 6 South Runge 96 West 0 projectiorlfrAf Zop.13 NAM, re0 e h,.!. eiguala 1.54) feet 7,7 IL A,C715 ak. 343.3 At Garfield County ,Doverm.om Sell..•1%.0. off op.,.....nolnys Pas pct Eloldmemrtaaroe104,csi2 444006 .j.:1111111111111111111111111111111 P 1111'.11111111111 623086 03/18/2003 01 45P 014L 2573 RLSDORF 1 of 6 R 37.00 D 0.00 GRRFIELD COUNT CO 6/441 Pn THIS AGREEMENT, made and between Chevron U.S.A. Inc., address is 11111 S. Wilcrest Ii Petroleum Development Corpora Bridgeport, West Virginia 26330, OIL AND GAS LEASE (LEASE #I) entered into as of the 15th day of ovember, 2002, by and rccessor in interest to Chevron Sha Oil Company, whose r., Houston, Texas 77099 herein er called "Lessor," and Son, whose address is 103 East M 'n Street, P.O. Box 26, tereinafter called "Lessee." C 0 D11 -ODI -DDD WITNESSETH: 1. Lessor, for and in c nsideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid, of the royalties h in provided and of the agreements of Lessee herein con fined, hereby grants, demises, leases d lets exclusively unto Lessee all of Lessor's right, title acid interest in the land hereinafter des ribed, for the purpose of investigating, exploring, drilling +r, producing, saving, taking, o handling and treating oil and :�:, herein called leased substances, Together with portinall rights, privileges and easements useful f. Lessee's operations hereunder on sail land; including but not limited to the following rights: lay pipelines; to build roads; to co-vstruct tanks, pump and power stations, and power and co munication lines; and to redrill, deepen, maintain, rework and operate any well so drilled, subject n all cases to the provisions of paraaphs 15 and 16. The land included in this lease is situated in the County of Garfield, State of Colorado, and is described on the attached Exhibit including all of Lessor's right, title and interest in all leased substances udderlying lakes, streams, roads, streets, alleys, easements aid rights-of-way which traverse said land; and including all lands owned or claimed by Lessor as a part of any tract above described; and containing 3441.46 acres of land more or less. This 1 ase shall cover all of Lessor's right, J tle and interest in said land now owned by or hereafter v sted in Lessor. For the purpose of c culating any payments based on acreage, the land shall be eemed to contain the acreage above s ated. 2. Subject to the other for a period of three (3) years from so long as leased substances or an any operation permitted hereunder Is being conducted on said land or force by reason of any of the other rJrovisions hereof. provisions herein contained, this le..e shall remain in force the date hereof, herein called "prim Ty term," and thereafter one or more of them are being pro ced from said land or is lease is continued in 3. Royalties on leased three quarters percent (18.75%) of well or to the credit of Lessor into from time to time purchase any ro produced on the day it is run to th gas, produced from said land and s eighteen and three quarters percent t at the well the royalty shall be ei: realized from such sale. If Lessee with any of said land, Lessee may Lessee's election, pay as royalty (h dollar per acre on the acreage then for all purposes of this lease that a 1 for a period of one year; such year t such payment. Provided, however, payments for no more than two preceding Lessee's payment. Any elsewhere in this lease for payment actual production. Lessee may us operations conducted upon the leas ubstances to be paid by Lessee are: at produced and saved from said Ian e pipeline to which the wells may be ty oil, paying therefor the market pipeline or storage tanks; (b) on g Id or used off the premises, the mar 18.75%) of the gas so sold or used, p teen and three quarters percent (1 ;11 discover gas hereunder on said 1 t any time or times during or after rein called shut-in gas well payme eld by Lessee hereunder, whereupo ased substance is being produced h . commence on the anniversary of that this lease may be extended by nsecutive years from the anniv ch payment may be made in the hereunder but shall not be in lieu o , free of royalty, leased substances lands or lands unitized with any of a) on oil, eighteen and , to be delivered at the connected; Lessee may alue in the field where , including casinghead et value at the well of vided that on gas sold .75%) of the amount d or on land unitized e primary term and at t) a sum equal to one it shall be considered under from said land s lease next preceding tender of shut-in well ry of this lease next e manner as provided any royalty based on om said land for all id land. 4. This is a Paid -Up le: 'e and Lessee shall not be obligated d 'ng the primary term to make any further payments or to onunence or continue any operation hereunder in order to PDC Lease - New Lease #1 doe -1- 2/18/2003 qt; 1 IIIIIi 11111 111111 1111 111111 111r 111 III 11111 1111 IIII 823086 03/18/2003 01 45P 83447 P574 11 ALSDORF 2 of 6 R 37.00 D 0.00 GARFIELD COU Y CO maintain this lease in force. An mailed or delivered to Lessor. any portion of said land by mail releases, and be relieved of all o same shall not relieve Lessee of 5. If any operations o activities shall occur hereunder (60) days before expiration of money payable hereunder may be Paid in cash or by check, der this lease as to all or for record a release or see may at any time or times surr g or tendering to Lessor or by fir - igations thereafter accruing as to theacreage surrendered, but y obligation existing as of the date of such release. production of a leased substance or any combination of such if at any time or times after the prithary term or within sixty p un. t, such operations or such or combination of such activities shad cease fo any cause so that none of Such activiti sroductron continany s, such cessation shall not cause this ease to terminate and this lease shall iremain in force if and so long as (a) shut-in gas well pa ents are made under paragraph 3 (f applicable) or (b) any operation or production of a lease • substance is commenced or resumed hereunder within sixty (60) days after cessation of the last of the operations or production that had occurred hereunder or (c) the cause of cessation is cov d by paragraph 8 hereof. Wherever Used in this or wherever else used in this lease ess the context requires otherwise, the meaning of the paragraph d "operations" shall without limitati n include: drilling, digging and bort g operations, producing operations, the drilling of a dry h. le or successive holes before or after production is obtained, plugging back, reworking o. tions, deepening operations and emedial operations in connection with drilling or produci g operations. 6. Lessee shall pay for all damages caused by Lessee's ope tions, including but not limited to damages to growing cro . s, buildings, irrigation ditches, livest ck, feed lots and fences. Lessee will bury pipelines below •dinary plow depth at the time of in lation when crossing cultivated land owned or operate • by Lessor or its surface lessees. I o well shall be drilled within two hundred (200) feet . f any residence or other improvement now or hereafter constructed on said land without consent of the owner thereof. Lessee shall have the right at any time within ninety (90) days a er expiration or surrender of the lease or any part hereof to remove all of Lessee's property an fixtures, including the right to dra and remove all casing. Lessee shall restore the surface as early as practicable to its original cdndition upon expiration or surrender of the lease. 7. Lessee shall have ne ther the right nor the power to assign this lease, in whole or in part, to another party without .e prior written consent of Lessor. Lessor may withhold its consent to any such proposed or att mpted assignment for any reason or for no reason in its sole discretion. Any attempted assi_ ent made in contravention of thiA provision will be, in Lessor's sole discretion (and in ad • ition to any other remedy available to Lessor at law or in equity), voidable and of no force. e granting of Lessor's consent to any assignment will be effective only as to the specific as ignment then the express subject of such consent, and any subsequent assignment which may • e proposed or attempted will be ineffective without Lessor's prior written consent. Provided, ho ver, this provision shall not apply tp assignments that may be made to limited partners that ssee may be required to make under limited partnerships Lessee may form to conduct opera .ns under this lease. Also, this prov4sion shall not apply to transfers of interest that result fro mergers, acquisitions or sales of all of Lessee's assets and assignments to Lessee's corporate : � dHates. 8. Whenever as a resul of any cause beyond Lessee's reasdnable control (such as fire, flood, storm, or other act of G d, governmental law, order, or reguldtion, labor disputes or war) Lessee is prevented or hindere from exercising any of its rights hereunder, complying with any of the terms hereof or carrying ut any of its obligations hereunder, and such prevention or hindrance occurs during the term reof, either primary or extended, as the case may be, the obligations of Lessee hereunder ( eluding only its obligation to pay royalties on actual production, and other monetary pa ents required or permitted by the terms of this lease), shall be suspended during the period o such prevention or hindrance and for ninety (90) days thereafter. If such hindrance occur during the primary term hereof, the primary term shall be extended for a period of time equal t the period of such suspension and this lease shall remain in full force and effect during such period of suspension and during any such extension of the primary term, 9. In connection with opt Lessee may at any time or times pod PDC Lease - New Lease #1.doc ations for the production of oil and! gas or either of them, or unitize this lease insofar as it covers the lands covered -2- 2/18/2003 11111111111111111 1111 111111 111111 ,i1 III 1 623088 03/18/2003 01:45P 01447 P575 3 of 6 R 37.00 D 0.00 GARFIELD CO hereby, in whole or in part, as to area or field so as to constitute advisable to comply with a law, jurisdiction, to reduce or prevent; encourage or accomplish the c. applicable county records an ins such unit, Lessor shall be entitled part of unit production allocated upon any such unit or production all purposes of this lease except p lease. X111ALSDORF111111111 11 '1 Co any stratum or strata, with other lands and leases in the same unit or units whenever, in Lessee's judgment, necessary or rule, order or regulation of a goverunental authority having economic waste, to protect correlatikve rights, or to promote, servation of natural resources, by filing for record in the ment so declaring. Upon producnn',bn from any part of any o the royalties provided for in this lease on only that fractional • that portion of this lease included in such unit. Operations �m any part of such unit shall be treated and considered for yment of royalties, as operations upon or production from this 10. The royalties here' bove provided are determined with respect to the entire estate in leased substances and if Lessor owns a lesser interest therein or if t 's lease covers less than the entire estate in leased sub :,ces, the royalties to Lessor shall be reduced proportionally. Lessor makes no warranties of tit1: to the leased premises, whether exp ss or implied. Lessee at its option may purchase or disch. ; e in whole or in part any tax, mortgage or other lien upon said land, may redeem the same fro„ any purchaser at any tax sale or adjudication, and may reimburse itself from any royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same. 11. Lessee agrees to de end, indemnify and hold harmless I any employee, agent, contractor or other representative of Lessor and its all claims, demands, suits, losses, fines, penalties, damages, liabilities every character whatsoever (includ ng but not limited to court costs an out of or in connection with Lessee . operations on the leased lands. 12. If this lease has no expiration of the primary term this equivalent of the deepest depth dril a spacing unit producing or capabl area in which a well is drilled and regulations, then the lease shall be acre parcel surrounding and incl appropriate release within thirty (30 13. At all times during t leased lands or on lands pooled th employees and agents of Lessor an floor and all facilities relating to th to such operations including but no obtained in connection with such drilling the well(s). Notices of inte to the following: ssor, its affiliates, and affiliates, from any and costs and expenses of attorneys' fees) arising sooner terminated, then effective ah of five (5) years after lease shall terminate as to all depths below the stratigraphic ed on the leased lands and as to all l ds not included within of producing oil or gas in paying qutities. In the event the completed is not spaced as per applicable state oil and gas eemed to cover an approximate three hundred twenty (320) ding the well location. Lessee shall file of record an days after the effective date of the teimination. e drilling, testing and completing of any well drilled on the rewith, Lessee shall cause Lessor and its affiliates and the its affiliates, to have access at their sole risk to the derrick drilling of the well(s) and to receive ,all information relating limited to daily drilling reports and logs, cores and samples ations the same as though Lessoi and its affiliates were t to spud, log and plug and abandon wells shall be furnished ChevronTexa o Shale Oil Company Attn: J.T. Sc id, Jr., Manager 11111 S. Wil est Dr. Houston, TX 7099 Upon written request, Lessee shall fdknish all well information, including a 11 reports, logs and samples to: ChevronTexaclb Shale Oil Company Attn: Greg B se 11111 S. Wile st Dr. Houston, TX /7099 14. This lease is made wi out warranty of title, express or implied, and is expressly subject to any exceptions and reserve ons and other matters affecting title Of record PDC Lease - New Lease 81.doc -3- 2/18/2003 1111111 11111 111111 1111 111111 11111 P..:41111 1 623086 03/18/2003 01 45P 81447 P576 4 of 6 R 37.00 D 0,00 GARFIELD COUNTI 15. Lessee shall obtain that Lessee proposes to make und surface reclamation plans. 16. Notwithstanding paragraph 15 to make various use subordinate to Lessor's right to cox future. If Lessor determines in it with Lessor's shale oil operation order to eliminate the interferen the relocation of Lessee's wells eliminate an interference shall be facilities results in permanent loss then fair market value of the leas agrees to change, cease or relocate i interference and Lessor shall ha resulting from such elimination of II 11111111 RLSDORF Co prior written approval from Lessor for each use of the surface r this lease, including but not limited to drill sites, access and at Lessee may have obtained Lessor's approval under of the surface of the leased lands, Lessee's operations shall be duct shale oil operations on the leased lands at any time in the reasonable discretion that Lessee's operations will interfere Lessee agrees to change, cease or felocate its operations in Costs incurred prior to January 1, 2018 in connection with gathering systems and other related facilities in order to ,- y Lessor. If any such change, Cessation or relocation of of production, Lessor will compensate Lessee for same at the substance. Effective January 1, 2018 and thereafter, Lessee is operations at its sole risk and cost in order to eliminate an e no obligation to compensate Lessee for lost production interference. IN WITNESS WHEREOF, this ins TAX I.D. 25-0527925 Social Security or Tax Number STATE OF TEXAS COUNTY OF HARRIS ent is executed as of the date firs above written. LESSOR CHEVRON U.S.A. INC. Attomey-in-Fact By: Its: LESSEE PETROLEUM DEVELOPMENT CORPORATION By: Its: The foregoing instrument was ackn wledged before me this /'-day o{' 01 Q.YG>'t, , 2003 by O. F. Baldwin II as Attorney -in -F: ct for Chevron U.S.A. Inc. My Conunission Expires: ./4).....A ;! • , U STATE OF wr'sr VIRGINIA ) COUNTY OF HARRIXt1 ) The foregoing instrument was ackn by Petroleum Development Corporation a >• A. Clark PDC Lease - New Lease #1.doc =mission Expires: June 2 • Notary Public ELAINE .1. GRADER Crory Pubsc. Stets of Tess My Commission Expires September 30, 2004 ledged before me this 21St day of February , 2003 as VP Marketing of 2009 O 1gC�IApL SEAL Notary Pu A A. C of fret Virginia' Petroleum A tCLARCoorpomtion 109 i MCn,ON asset a bon My commissionosa sapless June Notary Public - . __--espinah"e 2, zoos -4- 2/18/2003 1111111111111111111111111111IIIA�sui III 623088 03/18/2003 01 45P 81447 P57 5 of 8 R 37.00 D 0.00 GARFIELD CO Between Chevron U. /830000 — C. H. DRAGERT FE T6S, R96W, 6 P.M. J. B. No. 1 Placer Mining Claim, omprising Lots 3 and 4 and being the northerly tier of 40 -acre Lots of the NW/4 of Section 5; J. B. No. 2 Placer Claim, compri ing Lots 5 and 6 and being the middle tier of 40 -acre Lots of the NW/4 of Section 5; and J. 13. No. 3 Placer Claim, compris ng Lots 11 and 12 and being the southerly tier of 40 -acre Lots of the N W/4 of Section 5; IIII IIII IIII 11 RLSDORF Y CO EXHIBIT A OIL AND GAS LEASE (LEASE #1) .A. Inc. and Petroleum Development Corporation Dated November 15, 2002 containing 320 acres, more or leis. 830080 — D. D. POTTER NO. 1 T7S, R96W, 6 P.M. Grand View No. 4 Placer Mining 1 Grand View No. 7 Placer Mining Section 5; and Grand View No. 8 Placer Mining NE/4 of Section 5; FEE laim, comprising the SW/4 of Section 5; laim, comprising the Lots 3 and 4 and the S/2 of the NW/4 of Claim, comprising the Lots 1, 2 and 5 and the SW/4 of the containing 455.95 acres, more or ess. 830140 — MORRIS RANCH FEFJ T6S, R96W, 6th P.M. Section 17: S/2 SE/4 SW/4 containing 20 acres, more or less. 830150 — EATON BASIC AGMT T6S, R96W, 6th P.M. Midland #1 Section 17: Lots 4,1 idland #2 Section 18: Lots 1 Midland #3 Midland #4 /Midland #5 Section 18: Lots 3 Section 18: SW/4; Section 18: NW/4; NO. 10&11FEE ,11,14,15&17; d 2; W/2 NE/4; d 4; W/2 SE/4; d I �p ,00 containing 770.66 acres, more ort ss. 0180 — EATON BASIC AGMT 0.4 FEE T6S, R96W, 6 P.M. Section 17: Lot 2; containing 40.87 acres, more or les 830190 — HAYWARD-SCOTT 1 CH FEE T6S, R96W, 6 P.M. The South half of that certain tract o land described as follows, to wit: The S/2 NE/4, the SE/4 NW/4 and the North three-fourths of the SE/4,i, and the E/2 SW/4 of Section 17, less and except those tra r and lands in the SW/4 of Section 17; containing 99 acres, more or less. PDC Leese - New Lease # t.doc -5- 2/18/2003 1111!!1 11111 111!!111!! 1111 $23086 03/18/7003 01:45P1111111 III 11111!111111111 6 of 6 R 37.00 D 0.00 GARF2ELD447 8 y ALSDORF CdY CO 830200 — GONZALES RANCH FEE T6S R96W 6 P.M. The SE/4 NW/4 and the North 10 acres of the NE/4 SW/4 in Section 17; containing 50 acres, more or les. 830210 — EATON BASIC AGM T6S, R96W, 6 P.M. G.J.N. #1 Section 5: Lots 14 G.J.N. #2 Section 5: Lots 19 containing 142 acres, more or le NO. 9 FEE and 21; and and 23; 910390 — EATON BASIC AGMT NO 7 FEE T6S, R96W of the 6th P.M. The Grand Valley No. 7 Placer Claim, being the SW/4 of Section 7; and the Grand Valley No. 8 Placer Claim, being the W/2 SE/4, and Lots 3 and 4 in Section 7; containing a total of 310 acres, ore or fess. 910400 — R. L. EATON AGMT O 3 FEE /T6S, R96W, 6th P.M. Grand Valley #1 Placer Mining C aim, embracing Lots 3 and 4, Section 6 and Grand V Placer Mining Claim, embracing L'bts 1 and 2, Section 6: alley #2 I• containing 75.42 acres, more or less. 910630 — UNOCAL TRADE FEI T6S, R96W of the 6th P.M. I Consolidated No. 3 Claim, compris`fng the S/2 NW/4, the SW/4 NE/4, and Lot 2 of Section 7; Consolidated No. 4 Claim, compri ng the N/2 NW/4, the NW/4 NE/4 and Lot 1 of Section 7; v/Consolidated No. 5 Claim, compris�1ng the S/2 SW/4, the SW/4 SE/4 and Lot 18 of Section 6; "Consolidated No. 6 Claim, compris g the N/2 SW/4, NW/4 SE/4, and Lot 17 of Section 6; ✓Consolidated No. 7 Claim, comprising Lots 13, 14, 15 and 16 of Section I/Consolidated No. 8 Claim, com risin Lots 9,10, 6; ,/ P g11 and 12 of Section 6; and Consolidated No. 9 Claim, comprising Lots 5, 6, 7 and 8 of Section 6; containing 1157.56 acres, more or less. END OF EXHIBIT A PDC Lease - New Lease #1.doc -6- 2/18/2003 l11111111111111111111111111111!!r"'11111 111111111111 668278 02/07/2005 03 17P 8' _._ P166 M RLSDORF 1 of 10 R 51.00 D 0.00 GARFIELD COU TY CO CORRECTIVE ASSIGNMENT OF OIL AND GAS LEASES THIS CORRECTIVE ASSIGI Assignment"), dated effective January Time"), is from Petroleum Developm Street, Bridgeport, West Virginia 26: Colorado limited liability company, ("Assignee"). VMENT OF OIL AND GAS LEASES (the "Corrective 24, 2005 at 7:00 a.m., Mountain Time (the "Effective ent Corporation, a Nevada corporation, 103 East Main 30 ("Assignor") to Piceance Gas Resources, LLC, a 730 17th Street, Suite 410, Denver, Colorado 80202 RECITALS A. This Corrective Assignment is executed by Assignor and Assignee to correct the Effective Time as stated in Assignment of Oil and Gas Leases dated effective November 1, 2004 at 7:00 a.m., Mountain Standard Time, recorded in book ((, fl , page \ (the "Original Assignment"). B. This Corrective Assign at 7:00 a.m., Mountain Time. ent states the correct effective date of January 24, 2005 C. This Corrective Assignment assigns the same interests, and not any additional interests, as assigned in the Original As3ignment. All other terms and provisions of the Original Assignment remain as stated therein. I -ASSIGNMENT For $100.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee all of Assignor's right, title and interest in and to the oil and gas leases described on Exhibit A (the "Leases")I insofar and only insofar as the Leases cover the lands described on Exhibit A (the "Lands"), Ibcated in Garfield County, Colorado. TO HAVE AND TO HOLD the Leases as to the Lands with all and singular the rights, privileges, and appurtenances thereto belonging or in anywise appertaining unto Assignee, its successors and assigns, forever. This Assignment is made and accepted expressly subject to the following terms and conditions: 1. This Assignment is subject to a Purchase and Sale Agreement dated December 8, 2004, as amended by Amendment to Purchase and Sale Agreement dated February 3 , 2005, between Assignor and Assignee (the "Purchase Agreement"), including certain drilling obligations which must be satisfied inOrder for Assignee to retain all or portions of the Leases and Lands assigned hereunder, togethe with reassignment obligations which arise in the event that the drilling obligations set forth in the Purchase Agreement are not satisfied. All reassignments of the Leases by Assignee to Assignor shall be free and clear of all liens and encumbrances and any burdens on production other than the lessor's royalty provided for in the 4619788.1 02/02/05 5:50 PM !'R0Y--f/J :1111111111111111111111111111 III111�!'I'1111111111111 66827o 02/07/2005 03 17P 816ALSDORF 2 of 10 R 51.00 D 0.00 GARFIELD COUNT CO Leases and other burdens on production existing of record as of the Effective Time. In addition, the Purchase Agreement contains certain consent to assign provisions. 2. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND EXPRESS, IMPLIED OR STATUTORY, EXCEPT THAT ASSIGNOR WARRANTS TITLE TO THE LEASES AS TO THE LANDS FROM AND AGAINST ALL PERSONS CLAIMING BY, THROUGH AND UNDER ASSIGNOR, BUT NOT OTHERWISE. 3. To the extent permitted y law, Assignee shall be subrogated to Assignor's rights in and to representations, warranties and covenants given with respect to the Leases. Assignor hereby grants and transfers to Assignee, its successors and assigns, to the extent so transferable and permitted by law, the benefit of aid the right to enforce the covenants, representations and warranties, if any, which Assignor is entitled to enforce with respect to the Leases, but only to the extent not enforced by Assignor. 4. Assignee assumes and agrees to pay, perform, fulfill and discharge all claims, costs, expenses, liabilities and obligations accruing or relating to the owning, developing, exploring, operating or maintaining of the Leases as to the Lands or the producing, transporting and marketing of oil, gas and other hydrocarbons from the Lands, relating to periods after the Effective Time, including, without limitation, the obligation to plug and abandon all wells and reclaim all well sites (unless previously reassigned to Assignor in accordance with the Purchase Agreement), and all obligations arising the Lands, all as more particularly set between the terms of this Assignment under agreements covering or relating to the Leases as to forth in the Purchase Agreement. If there is a conflict and the Purchase Agreement, the teens of the Purchase Agreement shall control and not be deemed to have merged into the terms of this Assignment. 5. The references herein to, liens, encumbrances, burdens, defects and other matters shall not be deemed to ratify or create any rights in third parties or merge with, modify or limit the rights of Assignor or Assignee, las between themselves, as set forth in the Purchase Agreement or other documents executeii in connection therewith. 6. Unless provided otherwise, all recording references in the Exhibits hereto are to the official real property records of the Garfield County, Colorado, Clerk and Recorder. 7. Assignor shall execute; acknowledge and deliver or cause to be executed, acknowledged and delivered such instruments and take such other action as may be reasonably necessary or advisable to carry out the purposes and intents of this assignment. 8. This Assignment binds and inures to the benefit of Assignor and Assignee and their respective successors and assigns.; -2- tIIJ1I.IIJII 1111111 10111111 111111 1 III i 11111111 666278 02/07/2005 03 17P B1661 ri68 M LSDORF 3 of 10 R 51.00 D 0.00 GARFIELD COUNTY CO EXECUTED on the dates cont ined in the acicnowledgments of this instrument, to be for all purposes as of the Effective Time. STATE OF COLORADO CITY and COUNTY OF DENVER ASSIGNOR: PETROLEUM DEVELOfl 1NT CORPORATION Eric R. Stearns, Executive Vice President, Exploration and Development PICEANCE GAS RESOURCES, LLC % \... c_ Gregory R. Vigil, Manager ACKNOWLEDGEMENTS ) The foregoing instrument was acknowledged before me this.:irr day of February, 2005, by Eric R. Stearns, as Executive Vice President, Exploration and Development, of Petroleum Development Corporation, a Nevada corporation. Witness my hand and official seal. My commission expires: %%not A /N /too Zen ii‘oiarr a c2:;,eofCoWAO • A e Put**�• ao `moo i // /1 i/hi MI 1 Notary Public -3- 111101 1110 111101 11110111 1111110111 III 1111111111111 '668278 02/07/2005 03 17P B1 169 M RLSDORF 4 of 10 R 51.00 D 0.00 GARFIELD COUN STATE OF COLORADO CITY and COUNTY OF DENVER Y CO The foregoing instrument was acknowledged before me this YL• `day of February, 2005, by Gregory R. Vigil, as Manager of Piceance Gas Resources, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: /1/ 7/0'7 onstifffil `\\,.,Otett.. rotary r _ ®®® 'ierece pubHG . o c � .• •'f oaof C JJJJ foto . orn Notary lint iic -4- 611111111111111111 WHIN i 1111 ilii 5 of 10 R 51.00 D 0.00 GRRFIELD COUNCO Exhibit A To Assignknent of Oil and Gas Leases Dated Effetive January 24, 2005 From Petroleum Development Corporation, Assignor to Piceance Gis Resources, LLC, Assignee Oil and Gas Lease Dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 585, Reception No. 623088 at the records of' Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: 910390 - EATON BASIC AGMT NO 7 FEE Bosnian and only insofar as it covers the following lands): T6S. R97W of the 6th P.M. The Gem No. 7 Placer Claim, being Lots 9, 10, 15 and 16 in Section 1; The Gem No. 9 Placer Claim, containing two 40 acre tracts being now re -platted and numbered as Lois 21 and 22 in Section 1; 910400 - R. L. EATON AGMT NO 3 FEE T6S R97W, 6"' P.M. Champion No. 5 Placer Mining Claim. embracing Lots 119 and 20 in Section 1 containing a total of 276.04 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (insofar: and only insofar as it covers the following lands): T6S R97W of the 68i P.M. The Gem No. 1 Placer Claim, being the SE/4 of Section 1 containing a total of 160.00 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (insofar, and only insofar as it covers the following lands): T6S. R97W of the 6°' P.M. The Gem No. 5 Placer Claim, being Lots 9, 10, 15 and 16, Section 2; The Gem No. 10 Placer Claim, containing two 40 acre bracts being now re -platted and numbered as Lots 21 and 22 in Section 2 containing a total of 240.00 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (insofar, and only insofar as it covers the following lands): T6S, R97W of the 6'h P.M. The Gem No. 3 Placer Claim, being the SE/4 of Sec. 2 containing a total of 160.00 acres, more or less. 116700 - EATON BASIC AGMT NO.8 (PRATT 11 k 12) FEE (insofar and only insofar as it covers the following lands): The Pratt No. 1 I Placer Mining Claim comprising the NW/4, in Section 11, T6S, R97W of the 6'" P.M. containing 160.00 acres, more or less. 910370 - EATON BASIC AGMT NO. 8 (PRATT 7 Sr 8) FEE (insofar and only insofar as it covers the following lands): T6S. R97W, 6°i P.M. Pratt No. 7 Claim, embracing Section 1 1: SE/4 containing 160.00 acres, more or less. 830150 - EATON BASIC AGMT NO. 10 & 11 FEE insofar and only insofar as It covers the following lands): T6S. R97W. 6th P.M. Midland #7 Section 13: SE/4 containing 160.00 acres, more or less. 1 of 6 Exhibit A (continued) 830150 - EATON BASIC ACMT NO. 10.4• 11 FEE 1(1nsofur: ,id only insofar ns it covers the foilnwint) lands): TOS. R97W. 6h P.M. ty Midland #9 Section 13: NW/4 0 rontainfng 160.00 acres, more or less. I, ®JU ®a 8311320- C. 11. DARROW FEE (insofar and only ini1ofu• as it covens the following lands): mon = I-- T68. 1197W. 6th P.M. Ill ® s,,, Z Eureka Placer Mining Claim No. 21-2 Section 21: N W)4 =r0 '" o containing 160.110 acres, more or less. Nina Kt. ma 0 W 8311320- C. 11. DARROW FEE (insofar and only insofar as it covers the following lands): ®� LL T6S, R97W. 6th P.M. ® p2 W Naomi Placer Mining Claim No. 5 Section 21: SE/4 mini a s H containing 160.00 acres, more or less. M - 830320 - C. 11. DARROW FEE (Insofar and only Mnsi,fa). as It covers die follnwine hods): ® 0 0 T6S, 1297W, 6'h P.M. ® 0 00 Eureka Placer Mining Claim No. 22-4 Section 22: SE/4 —00 ®N 0 containing 160.00 acres, more or less.' ® ▪ 0 ID 8311320 - C. H. DARROW FEE (insofar and only insofar as it covers the following lords): N ¢ T6S. R97W. 6th P.M. ® 0 0 Naomi Placer Mining Claim No. 2 Section 28: NE/4NW/4, S/2NW/4; ® CO .-s M'''' r N •.. 830290- D.D. POTTER #5 FEE we=0 T6S R97W. 6th P.M. _ t0 t0 NW/4NW/4 of Section 28 containing 160.00 acres, more or less. 830300 - D.D. POTTER #7 FEE (insofar and only insofar as it covers the follnwine lands): T6S. R97W, 6th P.M. Denver No. 111 Placer Mining Claim, being SE/4 of Section 28 containing 160.00 acres, more or less. 830310 - D.D. POTTER #11 FEE (insofar and only insofar as it covers the following lands): T6S R97W 6th P M. Lots 3 and 4 in Section 33 containing 109.74 acres, more or less. 830310 - D.D. POTTER #11 FEE (insofar and only insofar as it covers the follnwine lands): T6S. R97W. 6th P.M. Lots 3 and 4 in Section 34 containing 109.78 acres, more or less. Oil and Gas Lease Dated May 12, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1405, Page 498, Reception No. 614407 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease cover § the following described lands located in Garfield County, Colorado: Township 6 South Ranee 97 West 6th P.M. NW/4 of Section 12 containing 160.00 acres, mare or less. 2 of 6 Exhibit A (continued) Oil and Gas Lease Dated October 24, 2001, between Chevron U.S.A. Inc., successor in interest to MEN Li. Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded la= o in Book 1380, Page 273, Reception No. 669481 at the records of Garfield County, Colorado, insofar and t.1 0 o only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: tttttttt n mom z N Township 6 South, Range 97 West, 6"' P.M. *+ V SE/4 of Section 14 ttttttttttt�t - ttttttt� o containing 1611.011 acres, more or less. tD W MEN m1>C mow cc a. Oil and Gas Lease Dated August 26, 2001 between Chevron U.S.A. Inc., successor in interest to Chevron M m Shale OiI Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book i 0 1380, Page 278, Reception No. 609482 at the records of Garfield County, Colorado, insofar and only —'m insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, NMI N o Colorado: rtttttnti r- 0tn —_ NtV tY Township 6 South, Range 97 West, 6"' P.M. IIMEN m NW/4 of Section 22 00 •fft = m p containing 160.00 acres, more or less. t0 W Oil and Gas Lease Dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale OiI Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 573, Reception No. 623086 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: 830000 - C. H. DRAGERT FEE T6S, R96W, 6"' P.M. J. B. No. I Placer Mining Claim, comprising Lots 3 and 4 and being the northerly tier of 40 -acre Lots of the NW/4 of Section 5; J. B. No. 2 Placer Claim, comprising Lots 5 and 6 and being the middle tier of 40 -acre Lots of the NW/4 of Section 5; and J. B. No. 3 Placer Claim, comprising Lots 11 and 12 and being the southerly tier of 40 -acre Lots of the NW/4 of Section 5 containing 237.49 acres, more or less. 910400 - R. L. EATON AGMT NO 3 FEE (insofar and only insofar ns it covers the following lands): T6S, R96W, 6'h P.M. Grand Valley #1 Placer Mining Claim, embracing Lots 3 and 4, Section 6; 910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands): T6S, R96W of the 6th P.M. Consolidated No. 7 Claim, containing Lots 13 and11400f Section 6; Consolidated No. 8 Claim, containing Lots 11 and 12 of Section 6; Consolidated No. 9 Claim, containing Lots 5 and 6 of Stction 6 containing 276.90 acres, more or less. 910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the followine lands): T6S. R96W of the 611' P.M. Consolidated No. 5 Claim, containing the SW/4SE/4 and Lot 18 of Section 6; Consolidated No. 6 Claim, containing the NW/4SE/4, and Lot 17 of Section 6 containing 167.77 acres, more or less. 3 of 6 ® LL ® 0� -o D ®ao J U CC au — z r O — ▪ U ®a0 —(0 • Ili 4O m� a0 ®P .-+m _M • o IMMO 0 0 — In 0 N9 ® N ®011) =N Cr ® 0 0o =Ns.- ®1c3i O CO t0 Exhibit A (continued) 8301511- EATON BASIC ACM'(' NO. 10 & II FEE (insofar and only Insofar as 11 coviws the following lands): T68. R96W, 6"' P.M. Midland #3 Section 18: Lots 3 and 4; W/2SE/4 containing 141.01 acres, more or less. 830150 - EATON BASIC AGMT NO. 10 & 11 FEE (insofar and only insofar as it covers the following lands!: T6S. R96W, 6"' P.M. Midland #5 Section 18: NW/4 containing 160.00 acres, mure or less. Oil and Gas Lease Dated July 31, 2001, between Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1312, Page 166, Reception No. 593765 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: Township 6 South. Ranee 96 West. 6"' P.M. W/2SE/4 Section 5 (comprising tots 15 and 18) containing 87.26 acres, more or less. Oil and Gas Lease Dated November 15,]2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company ("Lessor"), Ind Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 579, Reception No. 623087 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: 830170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only insofar as it covers the followine lands): T5S. R96W, 6"' P.M. French # 12 Section 19: Lot 1 containing 51.29 acres, more or less. 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands): T5S. R96W. 6"' P.M. French No. 9 Sec. 19: S/2SF/4; French No. 10 Sec. 19: N/2SE/4 containing 160.00 acres, more or less. 330170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only insofar as it covers the followine lands): TSS. R96W. 6th P.M. French #25 Section 20: NW/4 containing 160.00 acres, more or less. 830170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only insofar as it covers the following lands): T5S R96W B" P.M Federal #27 Section 20: SE/4 containing 160.00 acres, more or Tess. I 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as It covers the following lands): T55. R96W. 6" P.M. French No. 26 Sec. 29: W/2NW/4; French No. 27 Sec. 29: E/2NW/4 containing 160.00 acres, more or less. 4 of 6 — LL MOO K O 1 o = a ism Z ANO -' 0 ®a _ v4_1 la ® T. Li- mns 0 0 loam ca. 5 — 1- .-s 0 0 Irl - -00 EMI men 0 0 0 containing 160.00 acres, more or less. ®O ® N .-r ®001 CNK Exhibit A (continued) 910380- EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar T5S, R96W, 6"' P.M. French No. 28 Sec. 29: N/28514; French No. 29 Sec. 29: S/285/4 it covers the fallowing hands): containing 160.011 acres, more or less. 910380 - EATON BASIC AGMT NO.5 & 6 PEE (insofar and only insofar as it rovers the following lands): T58. R96W, 6" P.M. French No. 7 Sce. 30: Lot 2; French No. 8 Sec. 30: Lot 1 containing 100.911 acres, more or less., 9111380- EATON BASIC AGMT N0. 5 & 6 FEE (Insofar and only insofar as It covers the Billowing lands): T58. R96W, 6" P.M. French No. 5 Sec. 30: 52SE/4; French No, 6 Sec. 30: N/255/4 COSo 0 fel 0 containing 100.11 acres, more or Tess. iimas ®CO 0 —100) 910380 - EATON BASIC AGMT NO.5 & 6 FEE (insofar and only Insofar as it covers the following lauds): T5S, R96W, 6'" P.M. French No. 3 Sec. 31: Lot 2; French No. 4 Sec. 31: Lot 1 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the following lands): T58. R96W. 6'" P.M. French No. 1 Sec. 31: S/2SE/4; French No. 2 Sec. 31: N/285/4 containing 160.00 acres, more or less. 910380 - EATON BASIC AGMT NO.5 & 6 FEE (in'sofar and only insofar as it covers the following lands): TSS, R96W, 6'" P,M. French No, 3D Sec. 32: N/2NW/4; '.. French No, 31 Sec. 32: S/2NW/4 containing 160.00 acres, more or less. 910410 - R. L EATON AGMT NO 1 FEE (insofar and only insofar as it covers the following lands): TSS. R96W 6" P,M. The Virginia No. I Placer Mining Claim containing the]S/25E/4 of Section 32; The Virginia No. 2 Placer Mining Claim containing the]N/2SE/4 of Section 32 containing 160.00 acres, more or less. 910630 - UNOCAL TRADE FEE (insofar and only insofar as it covers the following lands): T5S. R96W of the 6" P.M. The North 198 feet of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the S/2NW/4 of Section 33, containing 12 acres, more or Tess; and The West 32 rods of Federal No. 36 Placer Mining Clain, being the West 32 rods of the NW/4NW/4 of Section 33, containing 16 acres, more or less; 910410 - R. L. EATON AGMT NO 1 FEE (insofar and only insofar as it covers the following lands): T5S. R96W. 6" P.M. The Virginia No. 5 Placer Mining Claim containing the S/2NW/4 of Section 33; Less and except the North 198 feet of the Virginia No. 5 Planer Mining Claim, being the North 198 feet of the S/2NW/4 of Section 33, TSS, R96W, 6'" P.M., containing 12 acres, more or less containing 96.00 acres, more or less. 910410 - R. L. EATON AGMT NO 1 FEE (insofar arid only insofar ns it covers the following lands): T5S, R96W. 6" P,M. LL The Virginia No. 3 Placer Mining Claim containing the /2SE/4 of Section 33; The Virginia No. 4 Placer Mining Claim containing the /2SE/4 of Section 33 containing 160.00 acres, more or less. 5 of 6 Exhibit A (continued) RIM LL11- UNOCAL TRADE FEE (insofar and only insofar as it covers the I'ollowine lands): — T5S. T55. R96W aline 61 P,M. ttttttr 00 Consolidated No. 12 Placer Mining Claim, containing' the S/2SW/4 of Section 35; �- j Consolidated No. 13 Placer Mining Claim, conlainin6 the N/2SW/4 of Section 35 — 2 containing 160.00 acres, more or less, -NO =1 U ti 4.p — e+ wow -. LL ®ma ®W r®rm o r t • containing 160.00 acres, more or less. ®0 _ s 0 0 in 0 Neo ®mN t®mo tt® co %-1 N ra 910630 - UNOCAL TRADE FEE (insofar :111(1 onlylinsofar as it covers the followine lands): T5$. R96W of the 610 P.M. Bituminite No. 15 Placer Mining Claim, containing the N/2SW/4 of Section 36; 830000 -C. H. DRAGERT FEE (insofar and only insofar as it covers the (ohm nit lands): T5S. R96W. 6°' P.M. J. B. No. 4 Placer Clain, containing the S/2SW/4 of Section 36 NN 0 ®too Covering a total of 6314.29 gross and net acres, more or less. 6 of 6 1111111 11111 1111111 111 11111 111111111111111 1111111111111 693384 03/03/2006 02:05P B1776 P861 M ALSDORF 1 of 4 R 21.001D 0.00 GARFIELD COUNTY CO ASSIGNMENT AND BILL OF SALE STATE OF COLORADO § § ss COUNTY OF GARFIELD § KNOW ALL MEN BY THESE PRESENTS THAT: Orion Energy Partners L.P., a Delaware limited partnership ("Assignor"), for and in consideration of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby assign, transfer, grant and convey unto Piceance Operating Company, LLC, a Colorado limited liability company ("Assignee"), all of Assignor's right, title, and interest in and to the Right -of -Way Agreements described on Exhibit "A". This Assignment and Bill of Sale shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. This Assignment and Bill of Sale is made subject to the terms and conditions and reservations through which Assignor derived title to Rights -of -Way Agreements. THIS ASSIGNMENT AND BILL OF SALE IS EXECUTED, DELIVERED, AND ACCEPTED WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY. #700754.1 1 111111 11111 1111111 111 11111 11111 1111111 III 11111 1111 1111 693384 03/03/2006 02 05P 61776 P662 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, this instrument is executed the 7 day of February, 2006. ASSIGNOR Orion Energy Partners L.P. By Orion Energy Partners, Inc., its General Partner By: Name: hut 4j G. ', .t Title: Ejcae Vic; Frei %e! eat ASSIGNEE Piceance Operating Company, LLC By Orion Energy Partners, Inc., its Manager By: 'r� Name: Z4644pi!Q. A/d.aaL-Lr■.0 Title: cyte Vizi /res(deat 111111111111111111111111111111111111111111111111111 u i i 693384 03/03/2006 02 05P B1776 P863 M ALSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO § COUNTY OF DENVER § BEFORE ME, the undersigned authority, on this day personally appeared 1}owc/ G. lihwele.,4 , Int ✓tcs PirudtJ of Orion Energy Partners, Inc., the General Partner of Orion Energy Partners L.P., a Delaware limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this ATP:. day offebruary, 2006. sti�� c STATE' OF COLORADO § COUNTY OF DENVER§ Nary P r lic in andlift the STATE of COLORADO i p4.es; /44pZOo9 BEFORE ME, the undersigned authority, on this day personally appeared 0;41 a, t1 ei4.,x oda sec it'r1r of Orion Energy Partners, Inc., the Manager of Piceance Operating Company, LLC a Colorado limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this 470- day of February, 2006. Not'�v Pu11i3c in and for t elt-, STATE of COLORADO emasa,.L4+-.a:- t -1c fr tte. • Jf fl% .dna. t z -3- 1111111111111111111 III 110101111111111 III 101111111111 693384 03/03/2006 02 05P 81776 P864 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" Attached to and made part of Assignment and Bill of Sale dated theta th day of February, 2006, between Orion Energy Partners L.P., as Assignor, and Piceance Operating Company, LLC, as Assignee GARDEN GULCH PROSPECT GARFIELD COUNTY, COLORADO LEASE LEASE AGREEMENT NO. TYPE LESSOR LESSEE DATE RIGHT OF 10199.00 WAY EXXON MOBIL . ORION ENERGY 7/25/2005 ROAD ACCESS CORPORATION PARTNERS L.P. RIGHT OF PUCKETT 10808.01 WAY LAND ORION ENERGY 9/16/2005 COMPANY PARTNERS L.P. RIGHT OF PUCKETT 10808.02 WAY LAND ORION ENERGY 6/3/2005 COMPANY PARTNERS L.P. -4- 11111111111111 111111 111 11111 1111 1111111111 11111111111 693385 03/03/2006 02 07P 81776 P865 M RLSDORF 1 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO GARFIELD COUNTY. COLORADO ASSIGNMENT, BILL OF SALE AND CONVEYANCE PICEANCE GAS RESOURCES, LLC TO PICEANCE OPERATING COMPANY, LLC TETON PICEANCE LLC, PGR PARTNERS, LLC This Assignment, Bill of Sale and Conveyance ("Assignment"), dated effective February -2i, 2006 at 12:00 a.m. Mountain Time (the "Effective Time"), is from Piceance Gas Resources, LLC, 1675 Broadway, Suite 2000, Denver, CO 80202 ("PGR" or "Assignor") to the following parties (collectively, "Assignees") in the following undivided percentages: Piceance Operating Company, LLC 50% 5201 Truxtun Ave., Suite 300 Bakersfield, CA 93309-0640 Teton Piceance LLC 410 17th St., Suite 1850 Denver, CO 80202 • 25% PGR Partners, LLC 25% 370 17th St., Suite 4300 Denver, CO 80202 For $100.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains and conveys to Assignees in the undivided percentages set forth above, all of Assignor's right, title and interest in and to the following real and personal property interests (collectively, the "Assets"): a. The oil and gas leases described in Exhibit "A" (the "Leases"), insofar as said Leases cover the land described in Exhibit "A" (the "Land" or "Lands"), together with all the property and rights incident thereto and the contracts and agreements relating to the Leases and Lands, all operating agreements, balancing agreements, exploration agreements, farmout agreements, service agreements, segregation agreements, surface use agreements, leases, permits, rights-of-way, easements, licenses, declarations, orders, contracts, and instruments in any way relating to the Leases; b. The oil and gas wells located on the Lands, including the wells specifically described on Exhibit "B" ( collectively, the "Wells"), together with all injection and disposal wells on the Leases or Lands or on lands pooled or unitized therewith, and all personal property, equipment, fixtures, improvements used in connection with the Wells and the production, gathering, treatment, processing, storing, sale or disposal of hydrocarbons or water produced from the properties and interests described in subsection a.; c. The pooling and communitization agreements, declarations and orders, and all other such agreements relating to the properties and interestsdescribed in subsections a. and b. and to the production of hydrocarbons, if any, attributable to said properties and interests; mYc 1370 (00 ,n 1 111111 11111 1111111 111 11111 11111 1111111 111 11111 1111 1111 693385 03/03/2006 02:07P B1776 P866 M ALSDORF 2 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO d. All existing and effective sales, purchase, exchange, gathering, transportation and processing contracts, and other contracts, agreements and instruments insofar as they relate to the properties and interests described in subsections a. through c.; and e. The oil, gas and water gathering, pipeline and transportation systems and all personal property, equipment, fixtures, improvements, permits, rights-of-way, surface leases and easements used in connection therewith and all contracts and agreements relating thereto. TO HAVE AND TO HOLD the Assets unto Assignees and their successors and assigns forever. This Assignment is made subject to the following terms and conditions: 1. This Assignment is being made in redemption of membership interest in Piceance Gas Resources, LLC pursuant the agreement of the members of Piceance Gas Resources, LLC as set forth in the LLC Operating Agreement dated February 14, 2005 (the "Agreement"). If there is a conflict between the terms of this Assignment and the terms of the Agreement, the terms of the Agreement shall control to the extent of the conflict. Assignor and Assignees intend that the terms of Agreement remain separate and distinct from and not merge into the terms of this Assignment. 2. ASSIGNOR WARRANTS TITLE TO THE ASSETS FROM AND AGAINST ALL PERSONS CLAIMING BY, THROUGH AND UNDER ASSIGNOR, BUT NOT OTHERWISE, AND EXCEPT FOR THAT WARRANTY, THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. 3. ASSIGNOR EXPRESSLY DISCLAIMS AND NEGATES ANY WARRANTY AS TO THE CONDITION OF ANY PERSONAL PROPERTY, EQUIPMENT, FIXTURES AND ITEMS OF MOVABLE PROPERTY COMPRISING ANY PART OF THE ASSETS, INCLUDING (i) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, (iv) ANY RIGHTS OF ASSIGNEES UNDER APPLICABLE STATUTES TO CLAIM DIMINUTION OF CONSIDERATION, AND (v) ANY CLAIM BY ASSIGNEES FOR DAMAGES BECAUSE OF DEFECTS, WHETHER KNOWN OR UNKNOWN, IT BEING EXPRESSLY UNDERSTOOD BY ASSIGNEES THAT SAID PERSONAL PROPERTY, FIXTURES, EQUIPMENT AND ITEMS ARE BEING CONVEYED TO ASSIGNEES "AS IS, WHERE IS," WITH ALL FAULTS AND IN THEIR PRESENT CONDITION AND STATE OF REPAIR. 4. To the extent permitted by law, Assignees shall be subrogated to Assignor's rights in and to representations, warranties and covenants given with respect to the Assets. Assignor hereby grants and transfers to Assignees, their successors and assigns, to the extent so transferable and permitted by law, the benefit of and the right to enforce the covenants, representations and warranties, if any, which Assignor is entitled to enforce with respect to the Assets, but only to the extent not enforced by Assignor. 5. Assignees assume and agree to pay, perform, fulfill and discharge their respective proportionate shares of all claims, costs, expenses, liabilities and obligations accruing or relating to 2 1111111 1111 1111111 111 11111 11111 1111111III 11111 11111111 693385 03/03/2006 02 07P 61776 P867 M ALSDORF 3 of 12 R 74.75 D 0.00 GRRFIELD COUNTY CO the owning, developing, exploring, operating or maintaining of the Assets, and all obligations arising under agreements covering or relating to the Assets. 6. The references herein to liens, encumbrances, burdens, defects and other matters shall not be deemed to ratify or create any rights in third parties or merge with, modify or limit the rights of Assignor or Assignees, as between themselves, as set forth in the Agreement or other documents executed in connection therewith. 7. This Assignment binds and inures to the benefit of Assignor and Assignees and their respective successors and assigns. 8. This Assignrnent may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall constitute but one and the same instrument. EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective for all purposes as of the Effective Time. ASSIGNOR: PICEANCE GAS RESO ES, LLC lanchard, Manager ASSIGNEES: PICEANCE OPERATING COMPANY, LLC By: etzIna acade 34414S,Zt. � a4A1 Name: 'tanjrr t z,�;. G• Title: Ssxceerii,e.'JCAA. 416.4= 6rae!'ai. ' TETON PICEANCE LLC BY ITS MANAQER, TETON ENERGY CORPORATION Name: Y�Mt T. fileLETN By: Title: fi s. °1-' C-40 PGR PARTNE By: Name: ' "/ /X 644964-¢C' . Title: /fridM t66Z_ 1111111111111111111111111111111111111111111111111111111 693385 03/03/2006 02 07P 61776 P868 M ALSDORF 4 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO ACKNOWLEDGEMENTS STATE OF COLORADO ) CITY AND ) .ss COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 21114day of February, 2006, by Daniel G. Blanchard as Manager of Piceance Gas Resources, LLC, a Colorado limited liability company, on behalf of such. company. Witness my hand and official seal. My Commission Expires: I-31- Zoog [seal] NOTARY PUBLIO STATE OF COL My Commission Expires lISIMS STATE OF COLORADO ) CITY AND ) .ss COUNTY OF DENVER ) Sor,.aL j. LCaJt Notary Public' Name: SAeaa S M`C"8E Address: The foregoing instrument was acknowledged before me this 2 iWday of February, 2006, by knm, p Atm , as Peat of Teton Energy Corporation, manager of Teton Piceance LLC, a Colorado limited liability company, on behalf of such company. Witness my hand and official seal. My Commission Expires: 1.31-33009 [seal] SARAN J. MCCABE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 1131109 STATE OF COLORADO ) CITY AND ) .ss COUNTY OF DENVER ) catnip rat Notary Public Name: Sg2AH OE *Oar Address: The foregoing instrument was acknowledged before me this 24day of February, 2006, by DAwa . G. [3LANCRt11EA, as Exec VP of Piceance Operating Company, LLC, a Colorado limited liability company, on behalf of such company. Witness my hand and official seal. My Commission Expires: 1-31.2604 [seal] SARAN J. MCCABK NOTARY PUBLIC STATE OF COLORADO My Commission Expires 113t109 .��M'O Notary Public Name: SARAH J. MCenar Address: 4 1111111 11111 1111111 111 11111 11111 1111111111 11111 11111111 693385 03/03/2006 02 07P 61776 P869 M ALSDORF 5 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) .ss c fqregoing instrume t was acknowledged before me this day of February, 2006, by JQNu ulMUw , as opt &wiz PGR Partners, LLC, a Colorado limited liability company, on behalf of such company. Witness my hand and official seal. My Commission Expires: RUTH L. ELDER NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/07/2009 i Notaijy PPublid Name: ` VOW L- EuE? Address: 350111 9n , f `1)0,tuet, Go so) -0i 5 HUM 11111 1111111 111 11111 11111 1111111111 11111 11111111 693385 03/03/2006 02 07P 61776 P870 M ALSDORF 6 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO Exhibit "A" Attached to and made a part of Assignment, BIII of Sale and Conveyance dated effective February 28 , 2006, between Plceance Gas Resources, LLC, as Assignor, and Plceance Operating Company, LLC, Teton Piceance LLC and PGR Partners, LLC, as Assignees. 011 and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor In Interest to Chevron Shale 011 Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 585, Reception No. 623088 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located In Garfield County, Colorado: 910390 - EATON BASK AGMT NO 7 FEE (insofar and only Insofar as It covers the following lands): TSS, R97W of the 6m P.M. The Gem No. 7 Placer Claim, being Lots 9, 10, 15 and 16 in Section 1; The Gem No. 9 Placer Claim, containing two 40 acre tracts being now re -platted and numbered as Lots 21 and 22 In Section 1; 910400 - R. L. EATON AGMT NO 3 FEE T6S, R97W. 6°i P.M Champion No. 5 Placer Mining Claim; embracing Lots 19 and 20 In Section 1 containing a total of 276.04 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (insofar and only Insofar as It covers the following lands): T6S. R97W of the 6th P.M. The Gem No. 1 Placer Claim, being the SE/4 of Section 1 containing a total of 160.00 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (Insofar and only insofar as It covers the following lands): T6$. R97W of thee P.M. The Gem No. 5 Placer Claim, being Lots 9, 10, 15 and 16, Section 2; The Gem No. 10 Placer Claim, containing two 40 acre tracts being now re -platted and numbered as Lots 21 and 221n Section 2 containing a total of 240,00 acres, more or less. 910390 - EATON BASIC AGMT NO 7 FEE (insofar and only Insofar as it covers the following lands)' T6S, R97W of the 6w P.M. The Gem No. 3 Placer Claim, being the SE/4 of Sec. 2 containing a total of 160.00 acres, more or less. 116700 - EATON BASIC AGMT NO. &(PRATT 11 & 12) FEE (Insofar and only Insofar as It covers the following lands): The Pratt No. 11 Placer Mining Claim comprising the NW/4. In Section 11, T6S, R97W of the 60 P.M. containing 160.00 acres, more or less. 910370 - EAT?N BASIC AGMT NO.8 (PRALT 7 & 8) FEE (insofar and only Insofar as it covers the following lands): T6S R97W.6 P.M. Pratt No. 7 Claim, embracing Section 11: SE/4 containing 160.00 acres, more or less. 830150 - EATON BASIC AGMT NO.10 & 11 FEE (insofar and oniv insofar as it covers the following lands): T6S. R97W. 6th P.M. Midland #7 Section 13: SE/4 containing 160.00 acres, more or less. 830150 — EATON BASIC AGMT. No.10 & 11 FEE (Insofar and only insofar as It covers the following lands): T6S, R97W. 6a P.M. Midland #9 Section 13: NW/4 containing 160.00 acres, more or lass. 1 of 7 1111111 11111 1111111 BEM 11111 MINIIII 1111111111111 693385 03/03/2006 02 07P B1776 P871 M ALSDORF 7 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO' Exhibit"A"(continued) 830320—C. H DARROW FEE (insofar and only Insofar as 11 covers the following lands): TBS. R97W, 611' P.M. Eureka Placer Mining Claim No. 21-2 Section 21: NW/4 containing 180.00 acres, more or less. 830320 —C. H. DARROW FEE (Insofar and only insofar as It covers the following lands): TES. R97W. 6th P.M, Naomi Placer Mining Claim No. 5 Section 21: SE/4 containing 160.00 acres, more or less. 830320 — C. H. DARROW FEE (Insofar and only Insofar as it covers the following lands): TBS. R97W. 6th P.M. Eureka Placer Mining Claim No. 22-4 Section 22: SE/4 containing 160.00 acres, more or less. 830320 --C. Hl DARROW FEE (Insofar and only insofar as It covers the following lands): T6S. R97W. 6 P.M. Naomi Placer Mining Claim No. 2 Section 28: NE/4NW/4, S/2NW/4; 830290 — D.D. POTTER #5 Fee TES. R97W, 6th P.M. NW/4NW/4 of Section 28 • containing 160.00 acres, more or less. 830300 — D.D. POTTER #7 Fee (insofar and only insofar as It covers the following lands): T6S. R97W. 6r' P.M Denver No. 111 Placer Mining Claim being SE/4 of Section 28 containing 160.00 acres, more or less. 830310 - D.D. • OTTER #11 FEE (Insofar and only insofar as It covers the following lands)• T6S. R97W. 6t P M. Lots 3 and 4 in Section 33 containing 109.74 acres,. more or less. 830310 - D.D POTTER #11 FEE (insofar and only insofar as It covers the following lands): TES. R97W 6 P.M. Lots 3 and 4 in Section 34 containing 109.78 acres, more or less. Oil and Gas Lease dated May 12, 2002, between Chevron U.S.A. Inc., successor in Interest to Chevron Shale Oil Company ook 5, e tion No. 614407 at the ("Lessor"), of Garfieldand roleum County, Colorado, Development Insofar rration and only ("Lessee"), sofarasesaid 011 arded in nd Gas 40ea eecco ea8. rs the follow ng described lands located in Garfield County, Colorado: Township 6 South. Range 97 West. 6th P.M NW/4 of Section 12 containing 160.00 acres, more or less. 2 of 7 1 111111 11111 1111111111 11111 11111 1111111 111 11111 1111 1111 693385 03/03/2006 02 07P B1776 P872 M ALSDORF 8 of 12 R 74.75 0 0.00 GARFIELD COUNTY CO Exhibit "A" (continued) 011 and Gas Lease dated October 24, 2001, between Chevron U.S.A. Inc., successor In interest to Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded In Book 1380, Page 273, Reception No. 609481 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located In Garfield County, Colorado: Township 6. South. Rance 97 West. 6th P.M SE/4 of Section 14 containing 160.00 acres more or less. (bland Gas Lease dated August 26, 2001, between Chevron U.S.A. Inc., successor in interest to Chevron Shale 011 Company ("Lessor), and Petroleum Development Corporation ("Lessee"), recorded in Book 1380, Page 278, Reception No. 609482 at the records of Garfield County, Colorado, Insofar and only Insofar as said Oland Gas Lease covers the following described lands located In Garfield County, Colorado: Township 6 South. Rance 97 West 6th P,M NW/4 of Section 22 containing 160.00 acres, more or less. 011 and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale 011 Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1447, Page 573, Reception No. 623086 at the records of Garfield County, Colorado, Insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: 630000 - C. H. DRAGERT FEE T6S. R96W. 6'" P.M J. B. No. 1 Placer Mining Claim, comprising Lots 3 and 4 and being the northerly tier of 40 -acre Lots of the NW/4 of Section 5; J. B. No. 2 Placer Claim, comprising Lots 5 and 6 and being the middle tier of 40 -acre Lots of the NW/4 of Section 5; and J. B. No. 3 Placer Claim, comprising Lots 11 and 12 and being the southerly tier of 40 -acre Lots of the NW/4 of Section 5 containing 237.49 acres, more or less. 910400 — R. L. EATON AGMT NO 3 FEE (Insofar and only Insofar as it covers the following lands): T6S. R96W, 6th P.M. Grand Valley # 1 Placer Mining Claim, embracing Lots 3 and 4, Section 6; 910630 - UNOCAL TRADE FEE (insofar and only Insofar as It covers the following lands): T6S, R96W of the 6th P.M. Consolidated No. 7 Claim, containing Lots 13 and 14 of Section 6; Consolidated No. 8 Claim, containing Lots 11 and 12 of Section 6; Consolidated No. 9 Claim, containing Lots 5 and 6 of Section 6 containing 276.90 acres, more or Tess. 910630 - UNOCAL TRADE FEE (insofar and only Insofar as It covers the following lands): T6S R96W of the 6th P.M. Consolidated No. 5 Claim, containing the SW/4SE/4 and Lot 18 of Section 6; Consolidated No. 6 Claim, containing the NW/4SE14 and Lot 17 of Section 6 containing 167.77 acres, more or Tess. 830150 - EAT2N BASIC AGMT NO. 10 811 FEE (Insofar and only insofar as it covers the following lands): T6S. R96W. 6 P.M. Midland #3 Section 18: Lots 3 and 4, W/2SE/4 containing 141.01 acres, more or less. 3 of 7 1111111111111111111111111111111111111111111111111111111 693385 03/03/2006 02 07P B1776 P873 M ALSDORF 9 of 12 R 74.75 D 0.00 GARFIELD COUNTY CO Exhibit "A" (continued) 830150 - EATON BASIC AGMT N0.10 & 11 FEE (insofar and only insofar as It covers the following lands): TES. R96W; 6s' P.M. Midland #5 Section 18: NW/4 containing 100.00 acres, more or lass. Oil and Gas Lease dated July 31, 2001, between Chevron Shale Oil Company ("Lessor"), and Petroleum Development Corporation ("Lessee"), recorded in Book 1312, Page 166, Reception No. 593765, at the records of Garfield County, Colorado, insofar and only insofar as sold Oil and Gas Lease covers the following described lands located In Garfield County, Colorado: Township 6 South. Range 96 West. 8* P.M. W/2SE14 - Section 5 (comprising Lots 15 and 18) containing 87.26 acres, more or less. 011 and Gas Lease dated November 15, 2002, between Chevron U.S.A. Inc., successor in interest to Chevron Shale Oil Company ("Lessor'), and Petroleum Development Corporation ("Lessee"), recorded In Book 1447, Page 579, Reception No. 6223087 at the records of Garfield County, Colorado, insofar and only insofar as said Oil and Gas Lease covers the following described lands located in Garfield County, Colorado: 830170 - EATON BASIC AGMT NO. 1 & 2 FEE lInsofar and only insofar as It covers the following lands): T5S. R96W. 6* P.M. French #12 Section 19: Lot 1 containing 51.29 acres, more or less. 910380 - EATGN BASIC AGMT N0. 5 & 6 FEE (Insofar and only Insofar as it covers the following lands) T5$. R96W. en P.M. French No. 9 Sec. 19: S/2SE/4; French No. 10 Sec. 19: N/2SE14 containing 160.00 acres, more or less. 830170 - EATON BASIC AGMT NO. 1 & 2 FEE (Insofar and only insofar as It covers the following lands): TSS. R96W. 61h P.M. French #25 Section 20: NW/4 containing 160.00 acres, more or less. 830170 - EATON BASIC AGMT NO. 1 & 2 FEE (insofar and only Insofar as It covers the following lands): TSS. R96W. 6* P.M. Federal #27 Section 20: SE/4 containing 160.00 acres, more or less. 910380 - EATON BASIC AGMT NO.5 & 6 FEE (Insofar and only Insofar as it covers the following lands): T55. R96W. e P.M. French No. 28 Sec. 29: W/2NW/4; French No. 27 Sec. 29: E/2NW/4. containing 160.00 acres, more or less. 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only Insofar as It covers the following lands): T5S R96W. 6th P.M. French No. 28 Sec. 29: N/2SE/4; French No. 29 Sec. 29: SI2SE14 containing 160.00 acres, more or less. 4 of 7 1111111 11111 1111111 111 11111 11111 1111111III 111111 III 1111 693385 03/03/2006 02 07P 61776 P874 11 ALSDORF 10 of 12 R 74.75 D 0 00 GARFIELD COUNTY CO Exhibit "A" (continued) 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and oniv Insofar as it covers the following lands): T5S, R96W. 6th P.M. French No. 7 Sec. 30: Lot 2; French No. 8 Sec. 30: Lot 1 containing 100.90 acres, more or less. 910380 - EATON BASIC AGMT P10. 5 & 6 FEE (Insofar and only insofar as it covers the followina lands): T5S. R96W. 6"' P:M: French No. 5 Sec. 30: S/2SE/4; French No. 6 Sec. 30: N/2SE/4 containing 160.00 acres, more or less. 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as it covers the followina lands): T5S. R96W 6t P M. French No. 3 Sec. 31: Lot 2; French No. 4 Sec. 31: Lot 1 containing 100.11 acres, more or less. 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (insofar and only insofar as It covers the followina lands): T5S. R96W. 6th P.M. French No. 1 Sec. 31: S/2SE/4; French No. 2 Sec. 31: NI2SE/4 containing 160.00 acres, more or less. 910380 - EATON BASIC AGMT NO. 5 & 6 FEE (Insofar and only insofar as It covers the followina lands): T5S. R96W. 6th P.M French No. 30 Sec. 32: NI2NW/4; French No. 31 Sec. 32: S/2NW/4 containing 160.00 acres, more or less. 910410 • R. L. EATON AGMT NO. 1 FEE (Insofar and only insofar as it covers the following lands(: T5S, R96W 6th P M. The Virginia No; 1 Placer Mining Claim containing the S/2SE/4 of Section 32; The Virginia No. 2 Placer Mining Claim containing the N/2SE/4 of Section 32 containing 160.00 acres, more or less. 910630 - UNOCAL TRADE FEE (insofar and only insofar as i1 covers the followina lands): T5S. R96W of the 6th P.M The North 198 feat of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the S/2NW/4 of Section 33, containing 12 acres, more or less; and The West 32 rods of Federal No. 36 Placer Mining Claim, being the West 32 rods of the NW/4NW/4 of Section 33, containing 16 acres, more or less; 910410 - R. L. EATON AGMT NO 1 FEE (Insofar and only Insofar as It covers the following lands): T5S. R96W. 6'" P.M The Virginia No. 5 Placer Mining Claim containing the S/2NW/4 of Section 33; Less and except the North 198 feet of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the S/2NW/4 of Section 33, T5S, R96W, 6t° P.M., containing 12 acres, more or less containing 96.00 acres, more or less. 910410 - R. L. EATON AGMT NO 1 FEE (Insofar and only insofar as it covers the following lands): T5S. R96W. 6'^ P.M. The Virginia No. 3 Placer Mining Claim containing the S/2SE/4 of Section 33; The Virginia No. 4 Placer Mining Claim containing the N/2SE14 of Section 33 containing 160.00 acres, more or less. 5 of 7 1111111111111111111111111111111111111111111111111111111 693385 03/03/2006 02 07P 61776 P875 M ALSDORF 11 of 12 R 74.75 D 0 00 GARFIELD COUNTY CO Exhibit "A" (continued) 010630 - UNOCAL TRADE FEE (Insofar and only Insofar as It covers the following landsl: T58. R96W of the 6t' P.M. Consolidated No. 12 Placer Mining Claim, containing the S/2SW/4 of Section 35; Consolidated No. 13 Placer Mining Claim, containing the N/2SW/4 of Section 35 containing 160.00 acres, more or less. 910630 • UNOCAL TRADE FEE (Insofar and only Insofar as It covers the followlna lands): T5S. R96W of the 6th P.M. Bituminite No. 15 Placer Mining Claim, containing the N/2SW/4 of Section 36; 830000 - C. H. DRAGERT FEE (insofar and only Insofar as It covers the following lands): T5S. R96W, 6th P.M. J. B. No. 4 Placer Claim, containing the S/2SW/4 of Section 36 containing 160.00 acres, more or less. Covering a total of 6314.29 gross and net acres more or less. 6 of 7 111E1110 110111 1111101111111111111011111111111111 693385.03/03/2006 02 07P 81776 P876 M ALSDORF 12 of 12 R 74.75 D 0 00 GARFIELD COUNTY CO Exhibit "6" Attached to and made a part of Assignment, Bill of Sale and Conveyance dated effective February L5 , 2000, between Plceance Gas Resources, LIC, as Assignor, and Plceance Operating Company, LLC, Teton Plceance LLC and PGR Partners, LLC, as Assignees. WELLS(BHLZ Chevron 6-430 SW/4SE/4, Sec. 6, T6S-R96W Chevron 6-44D SE/4SE/4, Sec. 6, T6S-R96W Chevron 6-4440 SE/4SE/4, Sec. 6, T6S-R96W Chevron 6-442D SE/4SE/4, Sec. 6, T6S-R96W Chevron 18-434D SW/4SE/4, Sec. 18, T6S-R96W Chevron 18-444D SE/4SE/4, Sec. 18, T6S-R96W Chevron 18-441D SE/4SE/4, Sec. 18, T6S-R96W Chevron 18-344D SE/4SE/4, Sec. 18, T6S-R96W Chevron 36-42D SE/4SW/4, Sec. 36, T5S-R96W Chevron 36-32D NE/4SW/4, Sec. 36, T5S-R96W Chevron 34B-13 SW/4SE/4, Sec. 13, T6S-R97W Chevron 13-213 SW/4NW/4, Sec. 13, T6S-R97W 7 of 7 'RCM CORPORATION TRUST WI LM, TEAM I2 (THU) 6.22' 06 13:37/ST. 13:33/N0. 4863796199 P 2 STATE OF DELAWARE CERTIFICATE OF MERGER OF DOMESTIC CORPORATION AND FOREIGN LIMITED LIABILITY COMPANY Paracme to Title 8, Section 264(o) of The Delaware General Corporation Law, the nndeteigned corporation executed the following Certificate *Merger: FIRST: The namn of the surviving corporation is eery Petrolewn Company • a Delaware Corporation, and the Dame of ihe limited liability company being merged tntothis surviving corporation is HQUe0e Opuntia? Comport', LLC a (1In jartsdIctior) Cnromdo limited liability company. SECOND: The Agreement of Merger has boon approved, adopted, certified, executed and acirnowledged by tho surviving corporation and the merging limited liability company. THIRD: The name of the surviving corporation ie BanyP troleum company FOURTH: The merger is to become eireetivo on ,lime 22, 2006 FIFTH: The Agreement of Merger is on meat 5201'hmctnnAmmo, suite 300, Bakers064, COMM* 93309 Olt place of business of the surviving carpo ration. SIXTH: A copy of the Agreement of Merger will be flunished by the corporation on request, without cost, to any stockholder of any constituent corporation Or partner of any constituent limited liability company, IN WITNESS WHEREOF. said Corporation has caused this certificate to be signed by an authorized officer, the Zed day or Yo. „,,A D 2006 Ey: Id flan CL Animas Authorized Officer Nato: Dm G. Wagon Print or Type Stara of nrreware Searatary of State Division oil Corporations sl/7:Zi02:36 06/22026 096 vn 02:3RV ( 702106 - 2072.291 snr TiUO: AWIu"izedOffcor 1 Delaware ie First State PAGE 1 . I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "PICEANCE OPERATING COMPANY, LLC", A COLORADO LIMITED LIABILITY COMPANY, WITH AND INTO "BERRY PETROLEUM COMPANY" UNDER THE NAME OF "BERRY PETROLEUM COMPANY", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY—SECOND DAY OF JUNE, A.D. 2006, AT 2:30 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE BAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 2072291 0100M 060602106 Harder Smith Wlndaor, Secretary of State AUTHENTICATION: 4848425 DATE: 06-22-06 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Ginette Dennis, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, BERRY PETROLEUM COMPANY is an entity formed or registered under the law of Delaware has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20031069947 This certificate reflects facts established or disclosed by documents delivered to this office on paper through 06/23/2006 that have been posted, and by documents delivered to this office electronically through 06/28/2006 @ 10:37:04 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 06/28/2006 @ 10:37:04 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6525780 . Atte__ ikniz/0 Secretary of State of the State of Colorado **$*****************4*4*4u*44**4**rut*44**4End of Certificate*44444*****e*******4*4***4******4*44***4444* Notice: il certificate issued electronically from the Colorado Secretary of State's Web site Is Ally and immediately valid and effective. However, as an option, the Issuance and validly of a certificate obtained electronically maybe established by visitMg the Certificate Confirmation Page of the Secretary of State's Web site, hula://www.sos,state,co,tu/M✓CertifcateSem'chCriterM,do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Conlirmina the issuance of a certificate Is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web 311:, http://www.sos.state.co.as/click Business Center and select "Frequently Asked Questions." CERT_GS_F Revised 09/22/2005 1111111 11111 111 111111111111111 1111111111111 693384 03/03/2006 02 05P B1776 P861 M ALSDORF 1 of 4 R 21.00JD 0.00 GARFIELD COUNTY CO ASSIGNMENT AND BILL OF SALE STATE OF COLORADO § § ss COUNTY OF GARFIELD § KNOW ALL MEN BY THESE PRESENTS THAT: Orion Energy Partners L.P., a Delaware limited partnership ("Assignor"), for and in consideration of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, receipt of which is hereby, acknowledged, does hereby assign, transfer, grant and convey unto Piceance Operating Company, LLC, a Colorado limited liability company ("Assignee"), all of Assignor's right, title, and interest in and to the Right -of -Way Agreements described on Exhibit "A". This Assignment and Bill of Sale shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. This Assignment and Bill of Sale is made subject to the terms and conditions and reservations through which Assignor derived title to Rights -of -Way Agreements. THIS ASSIGNMENT AND BILL OF SALE IS EXECUTED, DELIVERED, AND ACCEPTED WITHOUT ANY REPRESENTATION, WARRANTY OR COVENANT OF TITLE OF ANY KIND OR NATURE, EITHER EXPRESS, IMPLIED OR STATUTORY. #700754.1 I 111111 111111111111111 1111111111 1111111 11111111 0111111 693384 03/03/2006 02 05P 61776 P862 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO IN WITNESS, WHEREOF, this instrument is executed the 79 day of February, 2006. ASSIGNOR Orion Energy Partners L.P. By Orion Energy Partners, Inc., its General Partner By: Name: Divot ell G. ei t,t c.LnL Title: Aced. l/se a IOrei ;c4 ea t ASSIGNEE Piceance Operating Company, LLC By Orion Energy Partners, Inc., its Manager By: Name: D44tt a a • I&a46.44,-.et. Title: taa Vee'Oer'dcat -2- 110111 1111111111 111111111111111 11111 0111111 693384 03/03/2006 02 05P 61776 P863 M ALSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO § COUNTY OF DENVER § BEFORE ME, the undersigned authority, on this day personally appeared lsuia/ 4 &satins! , !shit Vita Prri2s..i of Orion Energy Partners, Inc., the General Partner of Orion Energy Partners L.P., a Delaware limited partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this A7S day ofFebruary, 2006. s E9 114 ,, ti t STATE OF COLORADO § COUNTY OF DENVER§ N eesit tart' P .lic in and fhrthe STATE of COLORADO S ehfiage:daka- 44424244: irsin acGGe. /4 ,,t Do i BEFORE ME, the undersigned authority, on this day personally appeared 4004 a. Iglep`1g..G aces Jee Attrckal of Orion Energy Partners, Inc., the Manager of Piceance Operating Company, LLC a Colorado limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said limited partnership. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on this 4796• day of February, 2006. le e�C No Pu c in and for STATE of COLORADO kr Gam e-iCj1e4s4: • Y7n ca,.bc.r. /)', 2.i -3- 1111111 11111 Ell 111 11111 111111111111III 11111 11111111 683384 03/03/2006 02 05P 61776 P864 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" Attached to and made part of Assignment and Bill of Sale dated the 2ts th day of February, 2006, between Orion Energy Partners L.P., as Assignor, and Piceance Operating Company, LLC, as Assignee GARDEN GULCH PROSPECT GARFIELD COUNTY, COLORADO LEASE AGREEMENT NO. TYPE LESSOR LESSEE LEASE DATE RIGHT OF 10199.00 WAY ROAD ACCESS RIGHT OF 10808.01 WAY RIGHT OF 10808.02 WAY EXXON MOBIL CORPORATION PUCKETT LAND COMPANY PUCKETT LAND COMPANY -4- ORION ENERGY 7/25/2005 PARTNERS L.P. ORION ENERGY 9/16/2005 PARTNERS L.P. ORION ENERGY 6/3/2005 PARTNERS L.P. Chevron °WO %NO April 11, 2010 Jerry L. Gonzalez Senior Landman -Rocky Mountain Area Berry Petroleum Company 1999 Broadway, Suite 3700 Denver, CO 80202 RE: CDP #2, Lot 14 -Section 6, 6 South, 96 West Garfield County, Colorado Walter Jones MidContinent/Alaska Business Unit Landman Chevron U.S.A. Inc. Piceance Basin P.O. Box 2100, Houston, TX 77252- 2100 1400 Smith St, Houston, TX 77002 Tel 713-372-3463 Fax 866-452-5759 wjbj@chevron.com Berry Petroleum Company ("Berry") is planning to construct a 1/3 acre meter station (CDP #2) on Chevron U.S.A. Inc ("Surface Owner") surface lands to establish a central sales point ("CDP #2") with Berry's third -party gas gatherer. Berry has requested permission from Surface Owner to pursue a Limited Impact Review Permit with Garfield County. Surface Owner is currently in negotiations with Berry, but does not have a surface use agreement or any other agreement in place with Berry for the construction of CDP #2. However, Surface Owner supports Berry's pursuit of the Limited Impact Review permit. Berry Petroleum is aware the design, location, or other information submitted in their Limited Impact Review Application may change based upon final consultation with Surface Owner. Further, Berry is aware that no construction activities of any kind may occur on Surface Owner's lands until a Surface Use Agreement and any other necessary agreements have been executed by Surface Owner and Berry. If you have any questions, please do not hesitate to contact me at the address and telephone number above. Regards, {- Walter M cones Land Representative BERRY PETROLEUM COMPANY AGREES TO PURSUE A PERMIT FOR LIMITED IMPACT REVIEW OF THE CAPTIONED LANDS SUBJECT TO THE CONDITIONS AND LIMITATIONS DESCRIBED ABOVE. BY: *1)1)14� � V TITLE: Sal i w i'� Z 41.+1/46 Wi A N NAME: .� ZI' _ Cz'Q:lf A' k- DATE:2Lit 2 HO Page 1 of 1 qj Cv cc NI COco n ry W �v / r / 1 r�-�— I /--1 / �-- NE- E - ,EDG�%0FERM'AN' T ROW � i / / ! / / o 1 1 , 1 PIPELINE \ ; ;/ FROM 0-6 I // TO F-6 f1 ; P / FACILITY -''1l'1--";� // PIPELINE ///, FROM C-6 1 '// TO F-6 jrl I' l� / FACILITY i it i I i /J / ; /gym %;, \` 11 i / I/ , IC/ / / //y / ,/ /T / // / Tin , // / f /// / / 11 , l/ // 1'/ / VVI iC-:iso ACE ROW / 4/J ii, 1: �/ / / ; .4.,�,_, Note: Pad will be gravelled I 411 ■ 0 Legend Earthen Berm Pad perimeter containment ditch Hydroseed & slope stabilization Armored sediment basin Lined & fenced dirt berm containment structure •—♦ LookD -wT P0TNT Berry Petroleum Company Pad Specific SPCC Plan CDP # 2 ari-A.DTNG t Dr:.htNAc t PLAN Secondary Containment Capacity Calculation (Square) Facility Name: CDP #2 Tank Battery 100 -year 24-hour precipitation event: 2.8 inches Tank Information (1) Larged Tadc(bbls) Tank Diameter pt) Tank Deduction Obis) 100 4 7.6 Tank A2 (Ws) Tank Diameter ell) Tank Dedstion(bbls) 0.0 Tank A9 p>asp Tank Diameter pt) Tank Deluelion(OWs) 0.0 Tank #4 pUs) Tank Diameter pt) Tank Dedalion (hills) 0.0 Tad A6 Obis) Tank Diameter pt) Tank Deketion (bills) 0.0 Tank Ai Obis) Tank Diameter et) Tank Deduction (bills) 0.0 Tank A7 Ohio) Tank D!smear pt) Tank Dedclion Obis) 0.0 Tank A11 Obis) Tank Diameter pt) Tank De1ztion (Ws) 0.0 Total Tank Deduction (bbls) 7.6 Length Width Containment Dimensions Length (ft) 8 Width (It) 5 Containment Height (ft) 2.5 Effective Containment Height (R) peas Ise-yr241ir Storm) 2.3 Containment Capacity Gross Containment Capacity (bbis) 101 Net Containment Capacity (bbls) 93 Is Secondary Containment Adequate for the Largest Vessel YES SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN January 2009 Prepared for: Berry Petroleum Company Berry Petroleum Company Piceance Basin Field, Colorado Prepared by: Buys & Associates, Inc. 300 E. Mineral Ave., Suite 10 Littleton, Colorado 80122 (303) 781-8211 www.Buysandassociates.com TABLE OF CONTENTS LIST OF APPENDICES 111 REGULATORY CROSS-REFERENCE IV 1.0 GENERAL INFORMATION 1-1 1.1 Facility and Operator General Information 1-1 1.2 Designated Person Accountable for Oil Spill Prevention (40 CFR 112.7 (f) (2)) 1-1 1.3 Management Approval (40 CFR 112.7) 1-1 1.4 Plan Implementation (40 CFR 112.7) 1-3 1.5 Professional Engineer Certification (40 CFR 112.3 (d)) 1-3 1.6 Plan History 1-5 1.7 Plan Review and Amendments (40 CFR 112.5) 1-5 1.7.1 Review Summary 1-7 1.7.2 Amendment Summary 1-7 1.7.3 Amendment Certification (40 CFR 112.5 (c)) 1-9 2.0 SPILL PREVENTION AND CONTROL 2-1 2.1 Facility Conformance (40 CFR 112.7(a)(1) and (2)) 2-1 2.2 Facility Physical Layout (40 CFR 112.7 (a)(3)) 2-3 2.3 Drainage Pathways and Distances to Navigable Waters 2-3 2.4 Applicable Industry Standards (40 CFR 112.3) 2-4 2.5 Contact List and Phone Numbers (1 12.7 (a)(3-5)) 2-6 2.6 Spill Prediction and Control (40 CFR 112.7 (a) and (b)) 2-7 2.7 Impracticable Containment or Diversion Measures (40 CPR 112.7 (d)) 2-9 2.8 Oil Spill Contingency Plan and Commitment of Manpower (4OCFR112.7 (d)(I) & (2)) 2-10 2.9 Discharge Countermeasures and Methods of Disposal (40 CFR 112.7 (a)(3)(iv)&(v)) 2-10 2.10 Regulatory Conformance 2-12 2.11 Regulatory Exclusions 2-12 3.0 INSPECTIONS, TESTING AND TRAINING 3-1 3.1 Inspections and Testing (40 CFR 112.7 (e)) 3-1 3.1.1 Scheduled Examinations 3-1 3,1.2 Inspections 3-4 3.1.3 Integrity Testing Procedures (40 CFR 112.7 (d)) 3-4 3.1.4 Brittle Fracture Evaluation (40 CFR 112.7(0) 3-5 3.2 Personnel Training and Discharge Prevention Procedures (40 CFR 112.7 (t)) 3-5 4.0 DRILLING AND WORKOVER OPERATIONS (40 CFR 112.10) 4-1 Piceance Basin Field ii SPCC Plan Berry Petroleum Company April 23, 2007 REGULATORY CROSS-REFERENCE Regulatory Citation f)es elptof R.egtiiatory Regnirenfent 9t ctiun Nurnber`I §112.3 (d)(3) Professional Engineer Certification 1.5 §112.3 Applicable Industry Standards 2.4 §112.5 (a),(c) Plan Amendments and Certification 1.7, 1.7.2, 1.7.3 § 112.5(b) Plan Review 1.7, 1,7.1 §112.7 General Requirements - Management Approval 1,3 §112,7 General Requirements - Sequence or Cross -Reference Cross -Reference §I12.7 General Requirements - Discussion of Facilities Not Yet Fully Operational 1.4 §112.7(a)(2) Deviation from Requirements: Reasons, Methods, and Equivalent Protection 2.1 §112.7(a)(3) Physical Layout and Facility Diagram 2.2, Appendix F § 112.7(a)(3)(i) Container Capacity and Type of Oil Appendix F §112.7(a)(3)(ii) Discharge Prevention Measures 2.6 § 112.7(a)(3)(iii) Discharge or Drainage Controls 2.6 §112.7(a)(3)(iv) Countermeasures: Discover, Response, and Cleanup 2.9 §112.7(a)(3)(v) Disposal: Legal Requirements 2.9 § 112.7(a)(3)(vi) Notification Phone Lists 2.5, Appendix A §I12.7(a)(4) Discharge Notification Form 2.5, Appendix A §l l2.7(a)(5) Discharge Procedures Organized 2.5, Appendix A §112.7(b) Fault Analysis 2.6 §112.7(c) Adequate Secondary Containment Appendix F §I12.7(d)(I) Contingency Planning 2.8 § I 12.7(d)(2) Commitment of Resources 2.8 §112.7(e) Inspections, Tests, and Records - Written Procedures 3.1.1, 3.1.2 §112.7(c) Inspections, Tests, and Records - Records of Inspections & Tests; Signatures Appendix B §112.7(e) - Inspections, Tests, and Records - Records Maintenance Appendix B §112.7(0(1) Personnel Training 3.2 §112.7(1)(2) Designated Person Accountable for Spill Prevention 1.2, 3.2 §I 12.7(1)(3) Spill Prevention Briefings 3.2 §I12.7(g)(1) Security 2.11 §112.7(g)(2) How and Drain Valves Secured 2.11 §112.7(g)(3) Pump Controls Locked Off; Facility Access Secured 2.11 § 112.7(g)(4) Loading/Unloading Connections Sealed 2.11 §112.7(g)(5) Lighting Appropriate for Facility 2.11 §112.7(h) Tank Truck Loading/Unloading Area 2.6 §112.70) Brittle Fracture Evaluation 3.1.3 §112.7(j) Conformance with State Requirements 2,10 §I 12.8 SPCC Plan Requirements: Onshore Facilities Excluding_Production Facilities 2.11 §112.9(6) Oil production facility drainage 3.1, Appendix C §112.9(c) oil production facility bulk storage containers 3.1, Appendix F §I 12.9(d) Facility transfer operations, oil production facility 3.1, Appendix C §112.10(b) Mobile facilities 4.0 §112.10(e) Secondary containment - catchment basins or diversion structures 4.0 §112.10(d) Blowout prevention (BOP) 4.0 §112.11 Plan Requirements for offshore oil drilling, production, or workover Facilities 2.11 §112.12 SPCC plan requirements for onshore facilities (excluding production) 2.11 §112.]3 SPCC plan requirements for onshore oil production facilities 2.11 §112.14 SPCC plan requirements for onshore oil drillingfacilities 2.11 §112.15 SPCC plan requirements for offshore oil drilling facilities 2.11 § 112.20 Facility Response Plans / Certification of Applicability of Substantial Harm Criteria 2.11, Appendix E Piceance Basin Field Berry Petroleum Company iv SPCC Plan April 23, 2007 1.0 GENERAL INFORMATION 1.1 Facility and Operator General Information 1. Name of Facility: Piceance Basin Field 2. Type of Facility: Onshore Production Facility 3. Facility Location: A list of the individual facilities subject to this plan is located in Appendix F. 4. Name and Address of Owner or Operator Name: Berry Petroleum Company Address: 950 17th Street, Suite 2400 Denver, CO 80202 1.2 Designated Person Accountable for Oil Spill Prevention (40 CFR 112.7 (0 (2)) The following person reports to management and is accountable for discharge prevention at the subject facilities. Name: Kenneth Kuhn Title: Production Superintendent 1.3 Management Approval (40 CFR 112.7) Berry Petroleum Company is committed to the prevention of discharges of oil to the environment, including navigable waters, and maintains the highest standards for spill prevention control through regular review, updating and implementation of this SPCC plan. With the signature below, I certify that this Spill Prevention, Control and Countermeasures plan will be implemented as herein described. Signature: Date: Name: James T. Albi Title: Asset Manager, Piceance Basin Piceance Basin Field 1.1 Berry Petroleum Company SPCC Plan April 23, 2007 1.4 Plan Implementation (40 CFR 112.7) Any additional facilities, procedures, methods, or equipment not yet fully operational are discussed below with the details of installation and start-up. Inspection and testing procedures specified in Section 3.0 are to be implemented as soon aspractical but no later than six months following the date of this plan. Secondary containment structures for containers and process equipment are to be constructed and maintained as indicated on the facility diagram in accordance with API Standard 2610 - Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities. The containment structures are to be constructed or improved as soon as practical, but no later than six months following the date of this plan. 1.5 Professional Engineer Certification (40 CFR 112.3 (d)) By means of this Professional Engineer Certification, I hereby attest that: 1) I am familiar with the provisions of 40 CFR Part 112; 2) i, or my agent, have visited and examined the facilities; 3) This SPCC Plan has been prepared in accordance with good engineering practice, including consideration of applicable industry standards, and with the requirements of 40 CFR 112; 4) Procedures for required inspections and testing have been established, and 5) This plan is adequate for the subject facilities. Date: 2131. 7 �rnns �G� Douglas Ne$ndbFWlG,`n Printed N Itagekisled; ;,e;1-1 zo �a are Alk 1:1'1.4M . - MoeI,ln ..c ssional Engineer r�- • • . •, 3fl"' State: Colorado ssional Engineer Piceance Basin Field Beny Petroleum Company 1-3 SPCC Plan April 23, 2007 1.73 Amendment Certification (40 C1?R 112.5 (c)) First Technical Amendment l hereby attest that 6) I am familiar with the provisions of 40 CPR Part 112; 7) I, or my agent, have visited and examined the facilities; 8) This SPCC Plan has been amended in accordancewith good engineering practice, including consideration of applicable industry standards, and with the requirements of 40 CPR 112; 9) Procedures for required inspections and testing have been established, and 10) This plan is adequate for the subject facilities. Date:_ inf,,, Printed Second Technical Amendment 1 hereby attest that: 1) 1 am familiar with the provisions of40CFR Part 112; 2) I, or my agent, have visited and examined the facilities; 3) This SPCC Plan has been amended in accordance with good engineering practice, including consideration of applicable industry standards, and with the requirements of 40 CPR 112; 4) Procedures for required inspections and testing have been established, and 5) This plan is adequate for the subject facilities. Date: At 15 ZOO9 Piceance Basin Field Berry Petroleum Company 1-9 SPCC Plan April 23, 2007 1.6 Plan History This plan supersedes all plans listed in the following table: Plan Name Date C-reated'' 1. None 2. 3. 4. 5. 6. 7. 8. 1.7 Plan Review and Amendments (40 CFR 112.5) In accordance with 40 CFR 1 12.5(b), a review and evaluation of this SPCC plan is conducted at least once every five years. As a result of this review and evaluation, Berry Petroleum Company will amend the plan to include more effective spill prevention and control technology if: 1) Such technology wilt significantly reduce the likelihood of a spill event from the facilities, and 2) If such technology has been field -proven at the time of the review. Technical amendments to this SPCC plan shall be certified by a Registered Professional Engineer within six months if modifications to the facility materially affect the potential for discharges of oil into or upon navigable waters. Modifications which may require plan amendments and certification include: 1) Commissioning or decommissioning of containers; 2) Replacement, reconstruction, or movement of containers; 3) Reconstruction, replacement or installation of piping systems; 4) Construction or demolition actions that may alter secondary containment structures; 5) Changes in products or type of equipment service; or 6) Changes in operating and maintenance procedures. Administrative or non-technical amendments do not require the certification of a Registered Professional Engineer. Examples of administrative changes include, but are not limited to, phone numbers, name changes, or any non-technical text revisions. Piceance Basin Field 1-5 SPCC Plan Berry Petroleum Company April 23, 2007 1.7.1 Review Summary Original Date of Plan: April 23, 2007 By my signature below, I attest that I have completed a review and evaluation of this SPCC plan for the Piceance Basin Field. Revie�iv Signature, 1. Plan ;. Amended " I (Yes/No)" 2. 3. 4. 5. 1.7.2 Amendment Summary Amendments to this plan are required whenever there is a change in facility design, construction, operation or maintenance which materially affects the facility's potential for the discharge of oil into or upon navigable waters of the United States. Such amendments shall be implemented as soon as possible, but no later than six months after such changes occur. This SPCC plan for the Piceance Basin Field has been amended as follows. Amendment Date Purpose.add;'. Dcscription'of Amendment Amendment 'Ao (Administrative or I ecliiiigal): Amendment Certified by P.E. ()(esINo) 1. 3/10/2008 Inclusion of new facilities and contact list update Technical and Administrative Yes 2. 1/9/09 Inclusion of new facilities and contact list update Technical and Administrative Yes 3. 4. Note: P. E. certification is not required for administrative amendments. Piceance Basin Field Berry Petroleum Company I-7 SPCC Plan April 23, 2007 2.0 SPILL PREVENTION AND CONTROL 2.1 Facility Conformance (40 CFR 112.7(a)(1) and (2)) The subject facilities are in conformance with 40 CFR 112 as amended on July 17, 2002 with the following exceptions noted below. The reason for any nonconformance and the provided equivalent environmental protection measures are also noted. Conformance Deviation - ` Reason` for' Nonttonfo rmance s w Equivalent Environmental Proteetnin Me,4$ures; Piping is not provided with a means of secondary containment as specified by 112.9 Construction techniques utilized for these facilities make secondary containment for piping impracticable. The operator has implemented an oil spill contingency plan and a written commitment of manpower. The facility is visited on a frequent basis and any spills or accidental releases of oil are promptly cleaned up by the operator. Separation equipment are not provided with a means of secondary containment as specified by 112.9. Secondary containment for separation equipment is not practicable as dikes or trenches can trap explosive and toxic gases creating a safety hazard and would also interfere with access required for normal operations. The operator has implemented an oil spill contingency plan and a written commitment of manpower. The facility is visited on a frequent basis and any spills or accidental releases of oil are promptly cleaned up by the operator. Drainage from undiked areas is not confined in a catchment basin or holding pond as specified by 112.9. Secondary containment for undiked areas is not practicable. The collection of stormwater would create unsafe conditions. The operator has implemented an oil spill contingency plan and a written commitment of manpower. The facility is visited on a frequent basis and any spills or accidental releases of oil are promptly cleaned up by the operator. Truck loading and unloading areas are not provided with a catchment basin or other means of secondary containment as specified by 112.7(h) Secondary containment for loading and unloading areas is not practicable. Containment structures would interfere with normal operations and the collection of stormwater would create unsafe conditions All loading and unloading operations are attended by the driver and conducted in accordance with DOT regulations. In addition, the operator has implemented an oil spill contingency plan and a written commitment of manpower. In addition, for truck loading where the loading occurs outside of containment, absorbents are readily available for use in the case of a release. Piceance Basin Field Berry Petroleum Company 2-1 SPCC Plan April 23, 2007 2.2 Facility Physical Layout (40 CFR 112.7 (a)(3)) The subject properties are typical onshore crude oil and/or natural gas production facilities consisting of wellheads, separation equipment and bulk storage containers. A diagram of each subject facility is located in Appendix F. The following details and location information, as applicable, is included on the diagram: 1) Containers and their contents; 2) Completely buried and/or bunkered tanks including underground storage tanks subject to 40 CFR Part 280 or 281; and 3) Drum and portable container storage areas. 2.3 Drainage Pathways and Distances to Navigable Waters Drainage pathways proximate to the subject facilities and USGS topographic maps for the area are contained in Appendix F. Piceance Basin Field 2-3 Berry Petroleum Company SPCC Plan April 23, 2007 • FacilityConrponcat ApplicablelndirstrySfiindards Inspection and Testing of Piping and Valves API Standard 570 - Piping Inspection Code. API Recommended Practice 574 - Inspection Practices for Piping System Components. ASME B31.3 - Process Piping ASME 31.4 - Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols. Secondary Containment for Drilling and Workover Operations API Recommended Practice 52 - Land Drilling Practices for Protection of the Environment. NEPA 30 - Flammable and Combustible Liquids Code BOCA - National Fire Prevention Code Integrity Testing API Standard 653 - Tank Inspection, Repair, Alteration, and Reconstruction. API Recommended Practice 575 - Inspection of Atmospheric and Low -Pressure Tanks. API Standard 570 - Piping Inspection Code ASME 1131.3 - Process Piping ASME 31.4 - Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols. STI Standard SP001-00 - Standard for Inspection of In -Service Shop Fabricated Aboveground Tanks for Storage of Combustible and Flammable Liquids UL Standard 142 - Steel Aboveground Tanks for Flammable and Combustible Liquids. Brittle Fracture Evaluation API Standard 653 - Tank Inspection, Repair , Alteration, and Reconstruction. API Recommended Practice 920 - Prevention of Brittle Fracture of Pressure Vessels. Note: API - American Petroleum Institute ASME - American Society of Mechanical Engineers BOCA - Building Officials and Code Administrators International NACE - National Association of Corrosion Engineers NFPA - National Fire Protection Association PEI - Petroleum Equipment Institute STI - Steel Tank Institute UL - Underwriters Laboratories Piceance Basin Field 2-4 SPCC Plan Berry Petroleum Company April 23, 2007 2.5 Contact List and Phone Numbers (112.7 (a)(3-5)) Lists of contact names and phone numbers for Berry Petroleum Company personnel, company approved cleanup contractors, and federal and state agencies are contained in Appendix A. Also included in Appendix A are forms to be used for organizing release notification information and the submission of required information to the EPA Regional Administrator for qualified discharges. A qualified discharge is any oil spill that contacts surface water, whether flowing or not, or an a intermittent drainage and results in a "visible sheen" on the water. Piceance Basin Field 2-6 Berry Petroleum Company SPCC Plan April 23, 2007 2.6 Spill Prediction and Control (40 CFR 112.7 (a) and (b)) Equipment located at the subject facilities with the potential to accidentally release oil are specifically addressed by location in Appendix F. The reasonably expected modes of major failure or accident for which oil could be released from the facilities are as follows: A. Bulk Storage Tank Leak or Failure I. Failure Modes: Corrosion, vandalism, lightening strikes, valve or piping failure, overfilling. II. Rate of Flow: Variable, depending upon the type, size and location of the tank failure. The ambient temperature al the time of the release may affect the viscosity of the oil and thereby impact the rate of flow. Flow rates for corrosion failure are typically low, ranging from less than a gallon per day to a gallon per hour. Flows resulting from valve and piping failures or vandalism typically range from a gallon per hour to 400 bbls per hour. Lightning strikes may result in a release that is essentially instantaneous. III. Discharge Quantity: Variable depending upon the type and location of the failure. The total quantity discharged would not exceed the working capacity of the largest tank. IV. Preventative Measures: Personnel routinely perform visual inspections of storage tanks. Storage tanks are constructed in accordance with API industry standards. Materials used in constructing the tanks are compatible with the substances stored. Where practicable, earthen berms or other diversionary structures are utilized to control any released fluids. Tanks are appropriately sized to minimize the risk of overfilling. B. Tanker Truck Loading and Unloading Operations I. Failure Modes: Piping or valve failure, tank failure, overflow, and human error, 11. Rate of Flow: Variable depending upon the type, size and exact location of the failure, and the amount of oil in the tanker truck and storage tank. The ambient temperature at the time of the release may affect the viscosity of the oil and thereby impact the rate of flow. Flow rates resulting from piping and valve failures can range from 1 gallon per hour up to 400 bbls per hour. The flow rate for tank truck overflows typically will not exceed 5 to 10 bbls per minute. Tank failures may result in releases that are essentially instantaneous. Piceance Basin Field 2-7 SPCC Plan Berry Petroleum Company April 23, 2007 III. Discharge Quantity: Variable depending upon the type and location of the failure. The total quantity discharged would not exceed the working capacity of the largest tank. IV. Preventative Measures: Tanker truck loading and unloading operations are conducted in accordance with United States Department of Transportation regulations (49 CFR 177). All loading operations are attended by the truck driver. No smoking or open flames are allowed in the vicinity of the storage tanks and loading area. Wheel chocks are placed at the wheel nearest the truck loading connection to reduce the risk of the truck movement during loading operations. Following the completion of loading operations, the transfer line is disconnected and all valves and outlets on the tanker truck and the storage tank are visually inspected for leakage prior to vehicle departure. C. Process Unit Failure (Separator/Heater Treater/Gun Barrel) I. Failure Modes: Process vessels may potentially rupture, or associated lines, valves and gauges may fail or leak. II. Rate of Flow: Variable, depending upon the mode and extent of the failure. The maximum expected rate of flow from a process unit failure is the oil process rate of the equipment plus any additional fluid volume contained in the vessel above the elevation of the rupture. The oil process rates for the subject equipment are contained in Appendix F. III. Discharge Quantity: Variable, depending on the type of failure and the length of time that the failure went undetected. VI. Preventative Measures: Personnel routinely perform visual inspections of process units. Process units are constructed in accordance with API and ASME industry standards. Where practicable, earthen berms or other diversionary structures are utilized to control any released fluids. D. Piping Failure I. Failure Modes: Both aboveground and buried pipelines may rupture or corrode and leak. Associated flanges, screwed connections, valves and gauges are also subject to corrosion and may fail or leak. f1. Rate of Flow: Variable, depending on the size and location of the piping related failure. The maximum potential rate of flow is not expected to exceed the oil process rates as listed in Appendix F. III. Discharge Quantity: Variable depending upon the type and extent of the failure and the length of time that the failure went undetected. Piceanee Basin Field 2-8 SPCC Plan Berry Petroleum Company April 23, 2007 IV. Prevention Measures: Personnel routinely perform visual inspections of aboveground piping and buried flowline right-of-ways to detect failures. As warranted by soil conditions, corrosion protection is provided for buried pipelines. 2.7 Impracticable Containment or Diversion Measures (40 CFR 112.7 (d)) In some instances, containment, diversionary structures, or equipment to prevent oil from reaching navigable waters may not be practicable. Secondary containment is provided for equipment located at the subject facilities as indicated in Appendix F. Secondary containment or diversionary structures may be impracticable for some equipment at these facilities for the following reasons: Extensive diking and/or drainage trenches would interfere with site access for normal operations and also with current surface land use. An effective dike system would be difficult to design and to construct. Damage to vegetation and potential erosion due to construction of dikes would probably be worse than the risk adjusted environmental impact of a spill. It would also be difficult to maintain dike integrity and to drain off rain water. Flowlines operate at pressures far below the rated working pressure and therefore have a minimal risk of rupture. Berms, trenches and other means of containment can trap explosive gases such as methane and hazardous vapors such as hydrogen sulfide leading to potential safety and exposure problems. The berms or diversions would trap stormwater and cause muddy conditions which in turn can create slippery unsafe working conditions. Trapped water may also increase the rate of corrosion. Other: Piceance Basin Field 2-9 SPCC Plan Berry Petroleum Company April 23, 2007 2.8 Oil Spill Contingency Plan and Commitment of Manpower (40CFR112.7 (d)(1) & (2)) Berry Petroleum Company maintains a strong contingency plan for oil spills and a written commitment of manpower follows. Berry Petroleum Company is committed to a strong antipollution and spill prevention program. We are committed to designing and operating our facilities in a manner that will minimize the size and occurrence of spills. We are committed to a strong, pro -active training and inspection program that will insure that our facilities are operated and maintained in a manner that will prevent or minimize the occurrence of spills. In the event of a spill, Berry Petroleum Company will commit the manpower, equipment and materials necessary to ensure that the clean up occurs in the shortest practical time while minimizing environmental damage and maximizing product recovery. 2.9 Discharge Countermeasures and Methods of Disposal (40 CFR 112.7 (a)(3)(iv)&(v)) In the event of an accidental release, Berry Petroleum Company personnel will promptly initiate recovery actions as appropriate. Levels of Response Major Releases: Major releases are defined as: 1) Spills of crude oil, condensate, or saltwater greater than 10 bbls, or 2) Spills of refined crude oil products, including but not limited to, gasoline, diesel fuel, aviation fuel, asphalt, road oil, kerosene, fuel oil, and derivative of mineral , animal or vegetable oils, or 3) Any volume of oil which results in a fire, will reach a water course, or may with reasonable probability endanger public health or result in substantial damage to property or the environment. Major releases will be handled under the direction of Berry Petroleum Company personnel. Response contractors listed in Appendix A will be utilized as necessary to complete the clean up. If oil should threaten surface waters, the company contingency plan will be implemented. Containment structures would be constructed and booms would be deployed as needed to protect waterways. Minor Releases: Releases not classified as major shall be reported internally to the appropriate supervisor on an incident report. Piceance Basin Field 2-10 SPCC Plan Berry Petroleum Company April 23, 2007 Product Recovery and Handling Spills onto Soil Mobile oil spills should be contained as soon as possible by the construction of earthen dams or by the placement of mechanical barriers. Free oil may be removed from the ground by the use of a vacuum truck. Sumps or trenches may be dug to intercept or drain free oil. Remaining free oil may be removed from the ground by the use of oil -absorbent materials. When all free oil has been removed, the affected soil containing over 1.0% total petroleum hydrocarbon (TPFI) by weight should be delineated, both vertically and horizontally. All soil containing over 1.0% TPH should then be excavated by backhoe or similar appropriate equipment for remediation or disposal. To prevent stormwater contamination, all impacted soils containing in excess of 1.0% TPH should placed in an approved disposal site or in a secure interim storage location for future remediation or disposal, unless more immediate on-site techniques and be implemented. Placing the impacted soil on a sheet of visquenc and providing appropriate cover, diking, or stormwater diversions, is acceptable. A final cleanup level of 1.0% TPH should be achieved as soon as practicable. Several methods are acceptable for the cleanup of oil contaminated soil; regulatory agencies may specify which methods are appropriate. Spills onto Water Oil spills onto surface waters must be cleanse up to the satisfaction of the landowners and regulatory agencies. The spill should be contained as soon as possible by the use of floating booms or other mechanical barriers. Free oil may be removed from the water by the use of a vacuum truck or by oil -skimming equipment. Remaining free oil may be removed from the water by the use of oil -absorbent materials such as spray -sorb. Oil -absorbent materials may also be used to remove oil that has accumulated on shoreline soils, rocks and vegetation. Oil contaminated shoreline materials may require removal to a suitable treatment site for cleanup as described above. Piceance Basin Field 2-1 1 SPCC Plan Berry Petroleum Company April 23, 2007 230 Regulatory Conformance The subject properties are not subject to any state regulated discharge prevention and containment requirements beyond those specified by federal regulation. 2.11 Regulatory Exclusions The subject properties are classified as onshore non -production facilities which store only petroleum based oils. Furthermore, the properties are not expected to cause substantial harm to the environment as demonstrated by the completed Certification of Substantial Harm Determination form contained in Appendix E. As such, the subject properties are excluded from the following regulations: Subpart A — General Requirements 40 CFR 112.7(g) Security Subpart B - Requirements for Petroleum Oils and Non -Petroleum Oils except Animal Fats 40 CFR 112.8 SPCC plan requirements for onshore facilities (excluding production) 40 CFR 112.11 SPCC plan requirements for offshore oil facilities Subpart C - Requirements for Animal Fats and Oils, Greases, Fish and Marine Oils 40 CFR 112.12 SPCC plan requirements for onshore facilities (excluding production) 40 CFR 112.13 SPCC plan requirements for onshore oil production facilities 40 CFR 112.14 SPCC plan requirements for onshore oil drilling facilities 40 CFR 112.15 SPCC plan requirements for offshore oil drilling facilities Subpart D - Response Requirements 40 CFR 112.20 Facility response plans 40 CFR 112.21 Facility response training and drills/exercises Piceance Basin Field 2-12 Berry Petroleum Company SPCC Plan April 23, 2007 3.0 INSPECTIONS, TESTING AND TRAINING 3.1 Inspections and Testing (40 CFR 112.7 (e)) Written proccdures are outlined in Section 3.1.1 and utilized when performing prescribed inspection and testing of equipment. Records of inspections and tests are to be signed by the appropriate supervisor/inspector and maintained at the local office. The following items are inspected to minimize oil discharges from occurring; tanks for leaks and corrosion, process units for leaks and corrosion, sight glasses for leaks, pumps for leakage around packing glands, lines for leaks around fittings, flowlines for leaks, wellheads and metering stations for leakage. If problems are identified, prompt action is taken for repairs. A record of inspection is to be kept with the SPCC Plan for at least 3 years. A copy of the inspection form is included in Appendix B. 3.1.1 Scheduled Examinations The lease operator, in the course of their normal routine, is responsible for examining the facilities covered by this SPCC Plan. This periodical review is to insure that the facilities are operating properly and that no problems exist. In addition to periodical observations made by lease personnel in their routine activities, a formal documented inspection of the facilities will be conducted on an annual basis to insure that the facilities are in compliance with the SPCC Plan. Following are general procedures for conducting the formal examinations. There may be specific items covered in the SPCC Plan that are specific to a facility and may not be covered by these general guidelines. Conversely, certain items covered by these procedures may not apply to every facility. The Facility Examination Form contained in Appendix B is to be used to document the periodic examinations. The examinations are to be conducted and documented on an annual basis at a minimum. THE FOLLOWING ITEMS (if present) MUST BE INSPECTED: Ditches and Waterways Drainage ditches in and around the facility and within the field, roadside ditches, water courses, ponds, etc. will be inspected for oil accumulations and/or evidence of saltwater spills. Above Ground Piping Flowlines, injection lines, gathering lines, gas lift lines, and other piping in and around batteries, separation facilities, saltwater handling facilities, etc. will be inspected for leaks, evidence of leaks, and evidence of potential leaks. Lines along roads will be inspected while driving through the field. Other above ground lines will be walked periodically. Piceance Basin Field 3-1 SPCC Plan Berry Petroleum Company April 23, 2007 Tanks Berms All liquid storage tanks, except fresh water tanks, (including crude oil, saltwater, fuel, treatment chemicals containing oils, lube oil, etc.) and associated piping will be visually inspected for leaks, overflows, and signs of potential problems. Special emphasis will be placed on the inspection of foundations, bottom seams, patches, flanges, piping connections, sight -glasses, and other openings. Valves should be in their proper position and locked or sealed, if required. Earthen berms will be inspected for adequate capacity, erosion and leaks. Cement firewalls will be inspected for leaks, cracks, or other signs of failure. Accumulations of liquid will be removed from the firewall. If the liquid is from one of the tanks, the source will be found and repaired. Rainwater will be removed as soon as feasible after rain. If a firewall is equipped with a drain, the drain MUST be closed, sealed and locked when not in use. The drain must be manned whenever it is in use. Each drainage event must be recorded. The Drainage Log contained in Appendix C will be used for this record. Line Heaters, Separators, Heater Treaters and Glycol Units These pieces of equipment should be visually inspected for leaks, especially around valves, fittings, inspection plates and sight glasses. Vents on glycol units should be inspected for excessive liquid carryover. Glycol still vents must discharge into an appropriate container if liquids are generated. Chemical Storage Tanks, Pumps and Piping Chemical injection systems should be inspected for leaks, especially around storage tanks, pumps and fittings on tubing or piping. Lube Oil Systems Lube oil storage tanks and the piping systems should be inspected, especially around tanks, pumps and fittings on the piping or tubing. Flare System Any liquid handling system associated with a flare system, liquid knock -outs, etc., should be inspected. The flare ignition system should be checked periodically. Any evidence of liquid carryover should be reported and corrective action to prevent reoccurrence implemented. If liquid carryovers are frequent, containment should be constructed to contain the carryover. Drain Pans or Drip Pans The liquid level in drip or drain pans should be checked and emptied as necessary. Pressure Relief Valves Pressure relief valves should be checked for leaks, evidence of leaks and signs of failure. Piceance Basin Field 3-2 Berry Petroleum Company SPCC Plan April 23, 2007 Plant Process Heaters Plant process heaters should be checked for leaks, evidence of leaks and signs of failure. The stack should be checked for visible smoke emissions. Alarm Systems All alarm and shut down systems should be tested periodically for proper function. Rainwater Removed from Berms All discharges of rainwater from berms to drainage MUST BE RECORDED. The date of discharge must be noted on the Drainage Log contained in Appendix C. Prior to discharge, the water must be visually inspected for the presence of oil and tested for the presence of saltwater. If either is present, the water cannot be discharged and must be disposed of in a permitted disposal system or other acceptable manner. Piceance Basin Field 3-3 SPCC Plan Berry Petroleum Company April 23, 2007 3.1.2 inspections Comprehensive inspections of oil containing equipment may be performed as opportunities allow or when indicated during the completion of a scheduled examination. These inspections should be conducted by a competent person or a qualified inspector in accordance with the standards listed below. The inspections are to be documented using the checklists contained in Appendix B and the records maintained at the appropriate field office. If problems are identified, appropriate corrective actions are to be implemented and noted on the inspection form. Equipment Inspection Standard Bulk Storage Tanks API RP 12R1 - Recommended Practice for Setting, Maintenance, Inspection, Operation, and Repair of Tanks In Production Service Pressure/Process Vessels API RP 510 - Alternative Rules for Exploration and Production Pressure Vessels Piping API 574 - Inspection Practices for Piping System Components 3.1.3 Integrity Testing Procedures (40 CFR 112.7 (d)) When conditions make it impracticable to provide secondary containment, periodic integrity testing will be conducted for affected storage containers and separation equipment. The following industrial standards for conducting integrity tests will be utilized as appropriate. Industrial Testing Standard Title API Standard 653 Tank Inspection, Repair, Alteration, and Reconstruction API Recommended Practice 575 Inspection of Atmospheric and Low -Pressure Tanks API RP 510 Production Pressure Vessels ASME 3I.4 Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols Steel Tank Institute Standard SP001-00 Standard for Inspection of In -Service Shop Fabricated Aboveground Tanks for Storage of Combustible and Flammable Liquids UL Standard 142 Steel Aboveground Tanks for Flammable and Combustible Liquids Piceance Basin Field Berry Petroleum Company 3-4 SPCC Plan April 23, 2007 3.1.4 Brittle Fracture Evaluation (40 CFR 112.7(i)) All field constructed aboveground tanks and process equipment are to be evaluated for the risk of failure due to brittle fracture whenever: I) The equipment undergoes repair, alteration, reconstruction, or a change in service that may affect the risk of a discharge or failure due to brittle fracture, or 2) The equipment has discharged oil or failed due to brittle fracture failure or other catastrophe. The brittle fracture risk evaluation is to be conducted in accordance with the following industrial standards as appropriate. 1) API Standard 653 - Tank Inspection, Repair, Alteration, and Reconstruction. 2) API Recommended Practice 920 - Prevention of Brittle Fracture of Pressure Vessels. 3.2 Personnel Training and Discharge Prevention Procedures (40 CFR 112.7 (f)) 1) Personnel are properly instructed in the following: a. Proper operation and maintenance of equipment to prevent oil discharges, b. Discharge procedure protocols, c. Applicable oil spill prevention laws, rules and regulations, d. General facility operations, and e. The contents of facility SPCC plans and applicable pollution control laws, rules, and regulations. Company and contract personnel attend in-house compliance awareness programs on a periodic basis. Compliance awareness briefings are conducted at least once per year to assure continued understanding of the applicable SPCC plans. In addition, spill related topics are discussed at safety meetings. Safety meeting topics include: spill control equipment, equipment operation and maintenance; inspection of containment structures, vessels, tanks and piping; spill response, containment and clean up; company policies on reporting and responding to spills; and specific SPCC Plans. 2) For the subject facilities, the designated person accountable for oil discharge prevention is: Name: Kenneth Kuhn Title: Production Superintendent Piceance Basin Field 3-5 SPCC Plan Berry Petroleum Company April 23, 2007 Scheduled prevention briefings for the operating personnel are conducted on a periodic basis to assure adequate understanding of the SPCC Plan. The briefing program is as follows: A SPCC compliance awareness program is presented on an annual basis. The program includes a review of specific SPCC Plans, updates on state and federal regulations, company policy and procedures, and spill reporting. Additional short briefing sessions are held as needed before and during certain jobs to review spill potential, necessary precautions and appropriate responses. Also, included in the briefing is a review of known spill events or failures, malfunctioning components and recently developed precautionary measures. A copy of the Training Record Form is attached in Appendix D. 4) Contractors working at the facilities are instructed as follows: 1) Pollution control will be maintained at all times in connection with all operations by the contractor. Berry Petroleum Company personnel will be notified immediately of any emitting, spilling, venting, discharging, disposal or loss of any hazardous or harmful substances, air contaminants and/or pollutants of any nature (referred to as discharges). 2) If any discharges occur as a result of the performance of work by the contractor, its agents, employees and subcontractors, or other persons for whom the contractor is responsible, the contractor will immediately proceed to stop or abate such discharges. 3) The contractor will comply with any and all local, state and federal laws, regulations, standards and orders applicable to the controlling and prevention of discharges. 4) Contractors will install and maintain adequate discharge control equipment on or about their plant, rig or other equipment to prevent discharges, in violation of any local, state and federal laws, regulations, standards and orders. Piceance Basin Field 3-6 Berry Petroleum Company SPCC Plan April 23, 2007 4.0 DRILLING AND WORKOVER OPERATIONS (40 CFR 112.10) Berry Petroleum Company is committed to the preventing releases during drilling and workover operations. All drilling and workover contractors operating on company leases must have a written SPCC plan for their operations as required by 40 CFR 112.3(c). The contractor's plans must be implemented before operations are initiated. At a minimum the SPCC plans must comply with the general requirements of 40 CFR 112.7 and specifically address the following: I) Drilling and workover equipment is to be positioned or located so as to prevent spilled oil, fuel, or oily drilling fluids from reaching navigable waters whenever possible. If necessary the use of catchment basins or diversion structures will be implemented 2) A blowout preventer (BOP) assembly and well control system is to be installed before drilling below any casting string and as required during workovcr operations. 3) The BOP assembly will be capable of controlling any expected wellhead pressure. 4) Casing and BOP installations will conform to industry standards and state regulations. Piceance Basin Field 4-1 SPCC Plan Berry Petroleum Company April 23, 2007 APPENDIX A CONTACT LISTS AND PHONE NUMBERS RELEASE NOTIFICATION FORM QUALIFIED DISCHARGE REPORT FORM SPCC NOTIFICATION LIST Berry Petroleum Company Call List Kenneth Kuhn — Project Superintendent Office: 970-285-2200 Cell: 970-930-0128 Sonny Busch — Production Foreman Office: 970-285-2200 Cell: 970-948-6840 Bob Hannessan — Lease Operator Office: 970-285-2200 Cell: 970-274-9790 Brent White — Lease Operator Office: 970-285-2200 Cell: 970-948-2177 Emergency Response Contractors Doug Teter & Sons — 970-986-1860 Roustabout Services Roustabout Specialties, Inc. — 970-241-9696 Roustabout Services Stateline Trucking — 970-270-5388 Water Hauling SPCC NOTIFICATION LIST FEDERAL, STATE AND LOCAL AGENCY CALL LIST If any oil contacts surface water, whether flowing or not, or an intermittent drainage, and results in a "visible sheen" on the water, the following phone contacts must be made as soon as possible following the discovery of the spill. The contacts must be made irregardless of the quantity discharged. 1) National Response Center (The NRC should automatically contact the EPA) 2) The Regional office of the EPA 3) State Water Quality Control Division 4) State Oil and Gas Regulatory Agency 5) Any other state agencies with responsibility for oil pollution control 6) Affected land owners FOLLOW COMPANY REPORTING PROCEDURES SHOULD IT BECOME NECESSARY TO CONTACT ANY OF THE ABOVE AGENCIES. USE THE RELEASE NOTIFICATION FORM ON THE FOLLOWING PAGE TO ORGANIZE AND COMMUNICATE INFORMATION CONCERNING THE SPILL. FEDERAL AGENCIES National Response Center: htto://www.nre.usce.mil/index.htrol 1-800-424-8802 (24 Hour) Always call the NRC first. The NRC will contact the Coast Guard and other appropriate federal agencies. EPA Region VIII: http://www.epa.gov/region8/ 303-312-6312 303-293-1788 (Spill Line) 1-800-227-8914(24 Hour) NOTE: It is only necessary to contact the EPA if you cannot contact the NRC. BLM White River Office (Meeker, CO) http://www.61 m.F;ov/co/st/en.hmrl BLM Grand Junction Field Office http://vvww.blin.gov/co/stkn/fo/gifoRtml BLM Glenwood Springs Field Office http://www. b l m.aov/co/st/e n/fo/gsfo. htmt STATE AGENCIES Oil and Gas Conservation Commission: http://oil-gas.state.co.us/ Colorado Department of Public Health and Environment (CDPHE): Into://www.cdphe.state,co.us/ (970) 878-3800 (970)-244-3000 (970)-947-2800 303-894-2100 1-888-235-1101 (Spill Line) 1-877-518-5608 (24 Hour) Division of Oil & Public Safety: 303-318-8547 h l tp://oil.cdle.state.co.us/ LOCAL AGENCIES Garfield County Sheriffs Office (Local Emergency Planning Commission) Jim Sears, Emergency Ops Commander 107 8th Street Glenwood Springs, CO 81601 970-945-0453 Class I Cultural Resources File Search and Paleontological Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Prepared for Berry Petroleum Company Prepared by SWCA Environmental Consultants March 2010 Class I Cultural Resources File Search and Paleontological Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Submitted to: Berry Petroleum Company 1999 Broadway, Suite 3700 Denver, Colorado 80202 (303) 825-3344 Prepared by: Lori Browne, Jason Burkard, and Michael J. Retter SWCA Environmental Consultants 295 Interlocken Boulevard, Suite 300 Broomfield, Colorado 80021 (303) 487-1183 www.swca.com Michael J. Retter, Principal Investigator, Cultural Resources Paul Murphey, Ph.D., Principal Investigator, Paleontological Resources SWCA Project No. 16297 SWCA Cultural Resource Report 2010-97 March 2010 Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado TABLE OF CONTENTS Page Introduction 1 Class I Cultural Resources File Search 1 File Search Methods and Information Sources 1 Culture History 3 Prehistoric Overview 3 Historic Overview 4 Expectations 5 Paleontological Assessment 6 Resource Assessment 6 Uinta Formation 6 Previously Documented Localities 7 Recommendations 7 Summary and Conclusions 8 Cultural Resources 8 Paleontologial Resources 8 References Cited 9 LIST OF FIGURES Figure Page 1. Location of Berry Petroleum Well Pad CDP #2 2 LIST OF TABLES Table Page 1. Land Patents Granted in the Project Location. 3 2. Summarized Paleontological Sensitivity of Geologic Unit within the Project APE 6 ii SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado INTRODUCTION At the request of Berry Petroleum Company, SWCA Environmental Consultants (SWCA) conducted a Class I cultural resources file search and paleontological assessment for Central Distribution Point (CDP) #2 in Section 6, Township (T) 6 South (S), Range (R) 96 West (W) in Garfield County, Colorado (Figure 1). The purpose of this study was to determine if 1) cultural resources and 2) fossil localities have been documented from within the project area in order to avoid or mitigate negative impacts on these sites that could result from the proposed CDP #2 pad construction. The cultural resources file search consisted of a review of information stored at the Colorado Office of Archaeology and Historic Preservation (OAHP) within the COMPASS database, and the Government Land Office (GLO) records website (www.glorecords.blm.gov). The paleontological assessment consisted of 1) a geologic map review, 2) a paleontological literature review to determine the paleontological sensitivity of the project area, and 3) museum and agency paleontological locality record searches to determine if any previously recorded fossil localities are known from within the project area or nearby within the same geologic unit. These record searches were conducted at the Museum of Western Colorado and the Denver Museum of Nature and Science. The project area of potential effect (APE) includes 10 acres located northwest of Garfield County Road 215 and west of Parachute Creek on an unnamed two -track road. The project APE is approximately 15 miles northwest of the town of DeBeque, Colorado. CLASS I CULTURAL RESOURCES FILE SEARCH FILE SEARCH METHODS AND INFORMATION SOURCES A literature review and computer file search was performed on February 18, 2010, for the affected area through the OAHP COMPASS database, and GLO records website. The file search was conducted for public land survey system (PLSS) sections within 1 mile of the project area including Sections 6 and 7, T6S, R96W; Section 1 and 12, T6S, R97W; and Section 34 and 35, T5S, R96W. The OAHP and SHPO reviews indicated that no previous cultural resources inventory work has been conducted in the project boundary and no cultural resources have been recorded in the project area. GLO patent records indicate that the property was originally held by Renwick P Ralston (Error! Reference source not found.), who purchased a placer mining claim on the property in 1922. Specifically, the project area is located on the Consolidated No. 3 claim, which comprises the south half of the northwest quarter of Section 6. Ralston also acquired most of the land adjacent to the project area in the early 1920s. The exploitation of oil shale (as well as other minerals) in the area gained popularity at this time, and this is most likely what prospectors like Ralston were pursuing. SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Legend I0 -acre Survey Area Township/Range Tgl. Green River Fonnalfon. Lower part Tgp. Green River Formation, Parachute Creek Member Tu. Uinta Formation Two, Wasatch Fonnaton and Oho Creek Formation 0 05 05 - 1 Kilometers Scale: 1:24,000 Base Map: USGS 7.S Topographic Map ESRI Online Service (612005 National Geographic Society) Quadrangle: Circle Dot Gulch CO (1571) Garfield County, Colorado UTM Zone 12, NAM, Meters March 16. 2010 SWCA urv.oaMIaTM mrrmvarI3 205 Intarlocken Blvd., Sire 300 Broomfield, CO 80021 Phone: 303.487.1183 Fax: 303.407.1245 sw .saca.corn Figure 1. Location of Berry Petroleum Well Pad CDP #2. 2 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Table 1. Land Patents Granted in the Project Location. Land Patent Grantee Land Patent Date Location T/R/S (, Quarter) Renwick P. Ralston 1922 T6S/R96W/S6, S 1/2 NW1/4 T/R/S = Township/Range/Section. CULTURE HISTORY The project area is located in the Northern Colorado River Basin as defined in Colorado Prehistory: A Context for the Northern Colorado River Basin (Reed and Metcalf 1999). This cultural context provides a summary of our knowledge of prehistoric and early historic developments of the region and a list of research domains for future research, including space/time systematics, technology, settlement and subsistence strategies, and origins and transitions. The historic archaeological context document for Colorado, Colorado History: A Context for Historical Archaeology (Church et al. 2007), addresses themes pertinent to historic archaeological site type delineation and assessment across the state. Also, general history and chronologies for the region are still available from earlier context documents, including An Isolated Empire: A History of Northwestern Colorado (Athearn 1982) and Colorado Plateau Country Historic Context (Husband 1984), which were used for this report. Prehistoric Overview The Northern Colorado River Basin was used by a variety of Native American groups throughout all of prehistory, beginning with Clovis hunters at the end of the Pleistocene and continuing through to the onset of the European occupation of the region (Reed and Metcalf 1999). As early as 13,500 to 13,400 years before present (B.P.), Paleoindian populations occupied the Northern Colorado River Basin, representing the early human migrations to the New World during the environmental changes of the Pleistocene. Only four sites within the Northern Colorado River Basin have provided radiocarbon dates and diagnostic artifacts, including bone beds associated with Paleoindian projectile points, indicating temporary human occupation prior to 11,500 years B.P. (Reed and Metcalf 1999). Projectile points found along rivers and microenvironments well suited for megafauna indicate an emphasis on big - game hunting by the highly mobile peoples of the Paleoindian era. These people also hunted small game and gathered roots, nuts, and berries. Sites have been found at a range of elevations throughout the Northern Colorado River Basin, most likely due to the migration of big -game animals seeking wetter habitats as a result of the climatic changes of the Pleistocene. Regional similarities in the large flaked stone tool types necessitated by a highly mobile, big -game hunting lifestyle characterize Paleoindian technology. The Archaic era, dating from 8,400 to 2,000 years B.P., is distinguished as a more stable period of hunting and gathering. The way of life became less mobile and more concentrated on local, seasonal resources. Data from Northern Colorado River Basin sites suggest that some housing types became more permanent during the era. Pit and basin structures 3 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado characterize some regional Archaic sites. Additionally, projectile point types became more diverse, most notably with the widespread transition from large, lanceolate Clovis, Folsom, and Goshen projectile points of the Paleoindian era to the stemmed and notched projectile points of the Archaic era. The Late Archaic period is marked by a technological shift from McKean style,lanceolate projectile points to small, primarily corner -notched varieties, signaling the adoption of the bow and arrow (Reed and Metcalf 1999). Ceramics were introduced to the Northern Plains during the Late Prehistoric period. Economically, the period was represented by a continuation of Archaic hunter -gatherer subsistence strategies, punctuated by more complex, communal hunting systems suggesting a greater degree of cooperation among culture groups. The occupation of the region by the Utes was well established by A.D. 1700 (250 years B.P.). The Utes had practiced a hunting -gathering lifestyle with continuity back to the beginning of the Archaic period. However, the tribe became entangled in the workings of the Spanish Empire, and some Ute members were enslaved. When the Spanish retreated south after the Pueblo Revolt of A.D. 1680, the Utes headed north, returning to their homeland with a large number of the Spanish horses. The Utes were vital in the spread of horses through the Rocky Mountain region. Supplying horses to the Comanche, who lived farther north, the Utes were able to join them in driving out the Apache, who occupied the Plains of Colorado until about A.D. 1700. By A.D. 1750, most of the Apache had moved south (Cassells 1997). In 1881, the Utes were expelled to reservations. Historic Overview The first recorded Euro -Americans to enter the general project region were Friars Escalante and Dominguez in A.D. 1776, who crossed the Colorado River to the south of the project area and continued farther northward (Gulliford 1983). The friars were later followed by fur trappers, then by prospectors following the 1859 Pike's Peak gold rush, and, later, silver discoveries at Leadville. Although a few individuals had settled the area prior to that time, settlement south of the current project area began in earnest in 1882, when the federal government officially opened 11 million acres of vacated Ute land for homesteading (Rifle Reading Club 1973). Previously, the presence of the Ute had created a pocket of isolated and unsettled land surrounded by more settled land. Removing the Ute created a void filled by settlers coming from all directions. By 1890, most of the prime farmland along the major streams in the area had already been homesteaded (Rifle Reading Club 1973). This region remained geographically remote, however, even after Euro -American settlement began. In 1884, the portion of the Government Road between Fort Steele and the Colorado River at Rifle was completed, following State Route 13 east of the project area, and provided improved regional access between the Colorado River and the White River. Around 1884, a stage route was also opened along the back side of the Grand Hogback from New Castle up Elk Creek, across to Rifle Creek, then up West Rifle Creek to Flag Creek and ultimately to Meeker. This stage route reportedly followed "a well worn Ute Indian trail" (Rifle Reading Club 1973:8). That stage route was replaced by another stage line on the Government Road, 4 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP 112 Pad, Garfield County, Colorado which was easier to keep open during the winter; the old stage route stayed in use as a major cattle trail. The region was opened westward from Rifle to present-day Grand Junction with construction of a toll road in 1885 and the opening of a mail line in that direction. In 1889, the region was fully opened along the Colorado River when the Denver and Rio Grande Railroad line was completed westward from Denver to Grand Junction and connecting into Utah. Rifle came into existence informally as a hub for supplying the local ranching and farming population of the area. The town was well situated for the purpose, being located at the confluence of Rifle Creek and the Colorado River in the Grand Valley outside the Grand Hogback, connecting the east -west routes along the Grand Valley with the north -south Government Road route. Although ranching constituted the predominant economic activities of the region, various other economic pursuits have also figured prominently, especially mining and recreation. The earliest mining in the area focused on the coal seams of the Grand Hogback within and near Rifle Gap in 1887, with the boom dissipating by 1890 (Rifle Reading Club 1973). The Colorado Plateau, which abuts and extends slightly into the Naval Oil Shale Reserve, has also witnessed several episodes of attempted development of the vast oil shale reserves in the adjacent area. The largest of those booms occurred in the 1970s, only to collapse quickly in 1982 (Martin and Sawyer 2002). EXPECTATIONS Although no prehistoric sites have been previously documented within the PLSS sections around the project APE, the Class 1 Cultural Resource Overview of the Roan Plateau Management Area, Garfield County, Colorado (Hoefer et al. 2002) provides an analysis of the cultural resources on the Roan Plateau that can inform the nature of the cultural resources that may be located within the project APE. Previous investigations on the Roan Plateau suggest that the upland area of the current project APE is likely to contain a low to moderate density of prehistoric sites. Hoefer et al. (2002) indicate that prehistoric sites most likely encountered in the upland areas of the Roan Plateau, in which the project area is located, would be large open lithic scatters or open camps with more variability in the types and quantities of artifacts, including ground stone tools and projectile points. A summer settlement pattern may be indicated by the presence of ground stone at many upland sites (Hoefer et al. 2002). Similarly, the project area is judged to have low potential to contain historic sites, but potential historic sites would most likely relate to ranching activities. The majority of ranching -related sites would date broadly from 1889 to the present. 5 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado PALEONTOLOGICAL ASSESSMENT RESOURCE ASSESSMENT The project APE is underlain by the middle Eocene Uinta Formation. The geology and paleontology of this unit are described below in the Uinta Formation section, and the sensitivity of this unit is summarized in Table 2 according to the Bureau of Land Management (BLM) Potential Fossil Yield Classification (PFYC) system (BLM 2007). The PFYC system is a commonly accepted resource management tool and therefore has been applied to private lands for this project. Table 2. Summarized Paleontological Sensitivity of Geologic Unit within the Project APE Geologic Unit Abbreap viation* Age Typical Fossils PFYC Uinta Formation Tu Middle Eocene Locally abundant plants (leaves, seeds, wood), invertebrates (insects, mollusks), vertebrates (reptiles, mammals) Class 5 *Map abbreviation is from Stoeser et al. (2005). Uinta Formation In the Piceance Creek Basin of Colorado, the Uinta Formation has been subdivided into groups of tongues (Groups A—G), or Units 1 through 6 in different quadrangles dependent upon which tongues are present, and appears to be older than the type Uintan North American Land Mammal Age (NALMA) in the Uinta Basin based on Bridgerian-age fossils and superpositional relationships (Duncan 1976; Hail and Smith 1994, 1997). Strata of the Uinta Formation in the Piceance Creek Basin consist largely of distributary channel sandstone complexes with interbedded overbank deposits. In the northern Piceance Creek Basin, the distributary channels appear to have been draining into the eastern portion of Lake Uinta during Eocene time, and they interfinger extensively with the Green River Formation. Approximately 31 percent of modern mammalian families appear in the fossil record of North America during the Uintan NALMA (Black and Dawson 1966). Many of the new taxa are thought to have either originated in North America or emigrated from Asia (Beard 1998; Black and Dawson 1966; Stucky 1992). See Rasmussen et al. (1999), Townsend (2004), and Walsh (1996) for further discussions of the mammalian faunas and biostratigraphy of the Uinta Formation. Based on paleomagnetic studies, Prothero (1996) concluded that the Uintan NALMA could be divided into five intervals based on magnetostratigraphy and biostratigraphy. These intervals include faunas from Uintan-aged localities across North America. The intervals are the earliest Uintan, Uinta B1, Uinta B2, Uinta C, and the Randlett horizon, and they span 4.5 million years from about 46.5 to 42.0 million years ago. The most recent stratigraphic and paleontologic work in the Uinta Formation has included important efforts to better characterize and document the lithostratigraphy, biostratigraphy, paleoecology, and paleoenvironments of the Uinta Formation and time -equivalent strata (see Rasmussen et al. 1999; Townsend 2004; Walsh 1996). 6 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Plant fossils have been discovered in all Uinta Formation stratigraphic units in the Piceance Creek Basin and are considered scientifically significant because plants are relatively uncommon in the Uinta Formation in the Uinta Basin (although they are locally abundant in parts of the Green River Formation). Fossil insects are also known from the upper portion of the Uinta Formation Group C (Hail and Smith 1994, 1997; Robinson 1978). Vertebrate fossils are not as common in the Uinta Formation in the Piceance Creek Basin as in parts of the Uinta Formation in the Uinta Basin; although, this is at least in part reflective of the fact that it is more vegetated, difficult to access, and has not been as heavily prospected. Recent paleontological surveys associated with oil and gas development add significantly to the known fossil flora and fauna of this unit. The University of Colorado Museum (UCM) has six recorded fossil localities from the Uinta Formation in Rio Blanco County, including a jaw of a miacid carnivore, a tooth of the condylarthran mammal Hyopsodus, and four specimens of uintathere, including both Uintatherium and Tetheopsis (UCM 2001). These fossils suggest a late Bridgerian rather than Uintan age. Because of the abundant fossil material known from the Uinta Formation, this formation is designated as PFYC Class 5 by the BLM. Previously Documented Localities Record searches were conducted to 1) determine whether any previously recorded fossil localities occur within the project APE, 2) assess the potential for disturbance of these localities during construction, and 3) evaluate the overall paleontological sensitivity of the APE. Records maintained by the Denver Museum of Nature and Science, and the Museum of Western Colorado were included. No localities are known from within the project APE or in the immediate vicinity. RECOMMENDATIONS Due to the high paleontological sensitivity of the Uinta Formation (PFYC Class 5), and at the discretion of the landowner because this is not a legal requirement, SWCA recommends that a paleontologist monitor construction excavations in order to salvage any unearthed fossil remains. If any subsurface bones or other potential fossils are unearthed during construction and a paleontological monitor is not present, the landowner should be notified immediately. 7 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado SUMMARY AND CONCLUSIONS CULTURAL RESOURCES The Class I file search did not reveal any cultural resources or inventories in the project APE. It is important to note that because the project is not implicated with a federal or State of Colorado action (involving federal or state money/land) the developer is under no legal obligation to mitigate any adverse effects to a cultural resource (prehistoric or historic). If a buried site is discovered during development, the developer could choose to mitigate any potential adverse effects by conducting an archaeological excavation. It is possible to defer the costs of the excavation as a tax benefit in consideration for public outreach in conjunction with local universities. The developer may choose to hire a qualified archaeologist to monitor any ground -disturbing activity or, at the very least, notify a qualified archaeologist if a buried archaeological deposit is discovered. PALEONTOLOGIAL RESOURCES No fossil localities have previously been recorded within the project APE or in the immediate vicinity. Therefore, no known fossil localities will be adversely impacted by the proposed CDP #2 pad construction. However, there is a high potential for uncovering subsurface fossils during construction due to the high paleontological sensitivity of the Uinta Formation (PFYC Class 5). At the discretion of the landowner, because this is not a legal requirement, SWCA recommends that a paleontologist monitor construction excavations in order to salvage any unearthed fossil remains. If any subsurface bones or other potential fossils are unearthed during construction and a paleontological monitor is not present, the landowner should be notified immediately. 8 SWCA Class 1 Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado REFERENCES CITED Athearn, F. J. 1982 An Isolated Empire: A History of Northwestern Colorado. Bureau of Land Management, Colorado State Office. Cultural Resource Series No. 2. Beard, K. C., 1998 East of Eden: Asia as An Important Center of Taxonomic Origination in Mammalian Evolution: In Dawn of the Age of Mammals in Asia, edited by K. C. Beard and M. R. Dawson, p. 5-39. Bulletin of Carnegie Museum of Natural History No. 34. Black, C. C., and M. R. Dawson 1966 A Review of Late Eocene Mammalian Faunas from North America. American Journal of Science 264:321-349. Bureau of Land Management (BLM) 2007 Potential Fossil Yield Classification (PFYC) System for Paleontological Resources on Public Lands: Instruction Memorandum No. 2008-009. Cassells, E. S. 1997 The Archaeology of Colorado, 2nd Edition. Johnson Books, Boulder, Colorado. Church, M. C., S. G. Baker, B. J. Clark, R. F. Carrillo, J. C. Horn, C. D. Spath, D. R. Guilfoyle, E. S. Cassells, K. Corbett, D. A. Smith, M. Sullenberger-Fry, and B. Neely 2007 Colorado History: A Context for Historical Archaeology. Colorado Council of Professional Archaeologists, Denver, Colorado. Duncan, D. C. 1976 Preliminary Geologic Map of the Greasewood Gulch Quadrangle, Rio Blanco County, Colorado: U.S. Geological Survey Misc. Field Studies Map MF -755 (1:24,000). Gulliford, A. 1983 Garfield County, Colorado: The First Hundred Years 1883-1983. Grand River Museum Alliance and Gran Farnum Printing, Glenwood Springs, Colorado. Hail, W. J., Jr., and M. C. Smith, 1994 Geologic Map of the Northern Part of the Piceance Creek Basin, Northwestern Colorado. U.S. Geological Survey Map I-2400. 1997 Geologic Map of the Northern Part of the Piceance Creek Basin, Northwestern Colorado. U.S. Geological Survey Map I-2529. 9 SWCA Class I Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado Hoefer, Ted, Marilyn A. Martorano, and Wade Broadhead 2002 Class 1 Cultural Resource Overview of the Roan Plateau Management Area, Garfield County, Colorado. Prepared for and Submitted to Bureau of Land Management Glenwood Springs Field Office. Prepared by RMC Consultants, Inc., Lakewood, Colorado. Husband, M. R. 1984 Colorado Plateau Country Historic Context. Colorado Historical Society, Denver. Martin, W., and A. Sawyer 2002 Piceance Basin Pipeline Class III Cultural Resources Inventory, Garfield and Mesa Counties, Colorado. Prepared for Project Development Ind., LLC and PBS&J. Submitted to BLM Grand Junction Field Office. Prepared by SWCA Environmental Consultants, Denver, Colorado. Prothero, D. R. 1996 Magnetic Stratigraphy and Biostratigraphy of the Middle Eocene Uinta Formation, Uinta Basin, Utah: In The Terrestrial Eocene -Oligocene Transition in North America, edited by D. R. Prothero and R. J. Emry, pp. 75-119. Cambridge University Press, Cambridge. Rasmussen, D. T., G. C. Conroy, A. R. Friscia, K. E. Townsend, and M. D. Kinkel 1999 Mammals of the Middle Eocene Uinta Formation. In Vertebrate Paleontology in Utah, edited by D. E. Gillette, pp. 401-420. Utah Geological Survey Miscellaneous Publication 99-1. Reed, A. D., and M. D. Metcalf 1999 Colorado Prehistory: A Context for the Northern Colorado River Basin. Colorado Council of Professional Archaeologists, Denver. Rifle Reading Club 1973 Rifle Shots: The Story of Rifle, Colorado. Compiled and published by the Rifle Reading Club, Rifle, Colorado. Robinson, P. 1978 Paleontological Resources Inventory and Evaluation, Bureau of Mines Experimental Oil Shale Mine, Rio Blanco County, Colorado. Prepared for VTN Colorado, Inc. Stoeser, D.B., G.N. Green, L.C. Morath, W.D. Heran, A.B. Wilson, D.W. Moore, and B.S Van Gosen 2005 Preliminary Integrated Geologic Map Databases for the United States Central States: Montana, Wyoming, Colorado, New Mexico, Kansas, Oklahoma, Texas, Missouri, Arkansas, and Louisiana. United States Geologic Survey Open File Report 2005-1351. Stucky, R. K. 1992 Mammalian Faunas in North America of Bridgerian to Arikareean "Ages" (Eocene and Oligocene): In Eocene -Oligocene Climatic and Biotic Evolution, edited by D. 10 SWCA Class / Cultural Resources File Search and Paleontology Assessment for the Proposed Berry Petroleum CDP #2 Pad, Garfield County, Colorado R. Prothero and W. A. Berggren, pp. 463-493. Princeton, New Jersey, Princeton University Press. Townsend, K. E. 2004 Stratigraphy, Paleoecology, and Habitat Change in the Middle Eocene of North America. Unpublished dissertation, Washington University. University of Colorado Museum (UCM) 2001 Unpublished paleontological locality data. Walsh, S. L. 1996 Middle Eocene Mammalian Faunas of San Diego County, California. In The Terrestrial Eocene -Oligocene Transition in North America, edited by D. R. Prothero and R. J. Emry, pp. 75-119. Cambridge, Cambridge University Press. 11 SWCA BASIC TRAFFIC ANALYSIS BERRY PETROLEUM CENTRAL DISTRIBUTION POINT #2 FACILITY GARFIELD COUNTY, COLORADO OLSSON ASSOCIATES OA Project No. 010-0453 March 2010 826 21 '/3 Road 1 Grand Junction, CO 81505 1 970.263.7800 [ Fax 970.263. INTRODUCTION & OBJECTIVE This Basic Traffic Analysis summarizes findings of a traffic impact analysis performed for Berry Petroleum's proposed central distribution point #2 facility located on approximately 0.33 acres of land lying in the SW/4 of the NW/4 of Section 6, Township 6 South, Range 96 West, 6th Principal Meridian, Garfield County, Colorado. The site is approximately 17 miles northwest of Parachute, CO. See the Figure 1, 2 & 3 in Appendix A. The central distribution point facility will be constructed, operated, and reclaimed in three phases. These phases include: • Facility Construction (14 days) • Operation (20 years) • Reclamation (14 days) It is expected that the lifespan of the site will be approximately 20 years. EXISTING NETWORK This central distribution point facility will be accessed from CR 215 to Garden Gulch Road and via a series of private roadways. According to the Garfield County Road Inventory Report, CR 215 is classified as Local and is categorized as Rural Highway (R -B) according to the State of Colorado State Highway Access Category Assignment Schedule. CR 215 is a two lane asphalt roadway with gravel shoulders. The road has a posted speed limit of 30 mph. During April of 2007, Garfield County Road & Bridge conducted a traffic study for CR 215. The study concluded that the average trips per day at that time was 4,258 vehicles; 73.8% of the vehicles were Class 3 and above (Heavy Vehicles) and 26.2% were Class 2 and below (Light Vehicles). Based on the County's traffic study, Berry's traffic activity (including Light and Heavy vehicles) will have a 0.23% increase on daily traffic activity during construction of the facility and will have a 0.04% increase on daily traffic activity during operation of the facility. Berry Central Distribution Point #2 Facility 1 March 16, 2010 Basic Traffic Analysis TRAFFIC PROJECTIONS Given the lack of data regarding traffic growth for this area, a conservative growth rate of 3% was assumed. This rate was applied to the existing counts to obtain background traffic for the forecast years of 2010 and 2030, respectively. These planning horizon years were chosen as they correspond with opening day of construction and reclamation, respectively. This results in an expected ADT of 4,792 vpd in 2010 and 8,656 vpd in 2030. TRIP GENERATION/DISTRIBUTION Trip generation is generally determined using rates found in the ITE Trip Generation manual. Rates from this publication are applied to values related to the size of the proposed site to estimate the trips expected to enter and exit the site. In this case, no rates are provided for facilities similar to these. To estimate trips expected for this site, information was gathered regarding the expected traffic based on previous projects similar to this one. The following table summarizes the expected average and maximum trips for each phase discussed previously. Table 1: Trip Generation — Central Distribution Point #2 Facility Phase Average Trips/Day Maximum Trips/Day Percent Large Trucks Total Trips/Phase Phase Duration Construction 7 10 44% 100 14 days Operation <1 2 42% 3640 20 years Reclamation 7 14 41% 96 14 days Note that the estimated lifespan of the site is expected to be approximately 20 years. Appendix B contains current ADT's and expected trip generation (see Figure 4) along with ADT data gathered in April 2007. Detailed tables showing daily trips for each phase along with 20 year traffic projections are provided in Appendix C. CONSTRUCTION PHASE Staging areas and temporary access points will not be required during construction for this project. The access into this facility from CR 215 will be via Garden Gulch road and a series of privately maintained roadways. As a result, no additional permits are required. There will be no road closures or traffic interruptions during construction, operation or reclamation. During the estimated 14 day construction phase, it is expected that the site traffic will be comprised of 44% or less heavy truck traffic. This traffic will be associated with delivering and retrieving equipment Berry Central Distribution Point #2 Facility 2 March 16, 2010 Basic Traffic Analysis on two 22 -wheel low boy trucks and delivery of surface construction materials (gravel) by 18 - wheel belly dump trucks. AUXILIARY LANE ANALYSIS As defined in the Garfield County Road Inventory Report, CR 215's Functional Classification is Local, set by Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FHWA). Given the current traffic volumes on CR 215, the addition of the small amount of traffic generated by the central distribution point facility does not bring turning volumes to the required amount for auxiliary lanes. EXISTING PARCELS Current land use on the parcel is primarily natural gas development with limited rural residential and agricultural use. The majority of existing traffic is related to natural gas development activities. One access road to the site exists and is permitted by Garfield County. No access to state highways or railroad crossings will be required. RECOMMENDATIONS Based on the expected trip generation rates discussed above, the increase in average daily traffic is not expected to be significant. The worst-case scenario during operation of the facility is that there would be a minimal increase in truck traffic, Based on the results of the analysis, no mitigation is recommended for the central distribution point facility. As mentioned in the Auxiliary Lane Analysis, the addition of traffic by the site does not increase low existing volumes to levels required for auxiliary lanes. Prepared Under the Supervision of: ✓ `/ Dion Plsek, PE Berry Central Distribution Point #2 Facility 3 March 16, 2010 Basic Traffic Analysis APPENDIX A •. • •••I APPROXIMATE DISTANCE FROM CDP 2 TO TOWN OF PARACHUTE - 18 MILES TO SOUTH Proposed Site - CDP #2 n Parcels Existing Private Roads Garden Gulch Road County Roads Parachute, CO I' 217118200008 (Area: 5,507 acres) 0.5 1 2 3 1 inch equals 1 mile Miles (OJECT NO: 010-0453 DRAWN BY: Leslie Booth GIS Analyst DATE: 03/18/2010 ACTIVITY MAP PROPOSED CDP #2 SITE BERRY PETROLEUM CO GARFIELD COUNTY, COLORADO OkOLSSON ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970.263.7800 FAX 970.263.7456 FIGURE 1 o, % ( !, • ,:�•� /7 Proposed CDP site #2 Piceance Basin Garfield County, Colorado Date: 03/09/2010 I 1 f� BERRY PETROLEUM CO. 1999 Broadway, Suite 3700 Denver, Colorado 80202 0 0 0 I I ti U I� u z g� 6�(incri W th 0 32 to 63 000. m m 0 N a 0 U 0co 0 0 0 0 0 UD W.01 Ic.O CO co dmu_ z0,01— dOw-lid.-��--/- a�Q� 4 7 r A1111�a� 9— W021ANIF34Id. a3s9\oad\ PA 1`Iz seta N —zeta- Lo vi 6 APPENDIX B CDP 2 CONSTRUCTION - 7 VPD OPERATION - <1 VPD RECLAMATION - 7 VPD Site Location - CDP 82 - Exisling Privale Roads - Garden Gulch Road - County Roads Ili Parachute, CO I' '1 217118200008 (Area: 5,507 acres) 1 inch equals 1 mile Miles ."ROJECT NO: 0100453 DRAWN BY: Leslie Booth GIS Analyst DATE: 03/182010 AVERAGE DAILY TRAFFIC COUNT PROPOSED CDP #2 SITE BERRY PETROLEUM CO GARFIELD COUNTY, COLORADO O‘OLSSON ASSOCIATES 826 21-1/2 ROAD GRAND JUNCTION, CO 81505 TEL 970.263.7800 FAX 970.263.7456 FIGURE 4 MetroCount Traffic Executive Daily Classes DailyClass-100 -- Ennlish (ENU) Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: [CR 215] MC6xxx Factory Setup 6 - South bound A>B, North bound B>A„ Lane: 0 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 M:ldata1CR 21509Apr2007.ECO (Regular) R5245060 MC56-L5 [MC55) (c)Microcom 19Oct04 Factory default Axle sensors - Paired (Class, Speed, Count) 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 5-100 mph. North, East, South, West (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F2) Non metric (ft, mi, ills, mph, Ib, ton) Vehicles = 29795 / 30165 (98.77%) Daily Classes DallyClass-100 Site: CR 215.0NS Description: MC5xxx Factory Setup Filter time: 13:53 Monday, Apr1102, 2007 => 13:47 Monday, April 09, 2007 Scheme: Vehicle classification (Scheme F2) Filter: Cls(1 2 3 4 5 8 7 8 9 10 11 12 13) Dir(NESW) Sp(5,100) Sep(>0) Monday, April 02, 200'1 1 2 3 9 5 6 7 0 9 10 11 12 13 Total Mon* 9 500 563 17 407 127 5 34 55 9 0 0 6 1740 (%) 0,5 29.2 32.4 1.0 23.4 7.3 0.3 2.0 3.2 0.5 0,0 0.0 0.3 Tuo 13 1348 1694 59 1551 443 12 117 224 36 0 0 17 5514 (%) 0.2 24.4 30.7 1.1 28.1 8.0 0.2 2.1 4.1 0.7 0.0 0.0 0.3 Wed 17 1357 1920 45 1403 460 11 130 199 28 0 3 10 5503 (%) 0.3 24,3 34.4 0.8 25.1 8.2 0.2 2.3 3.6 0.5 0,0 0.1 0.2 Thu 27 1495 1815 56 1398 415 8 106 216 28 0 0 26 5590 (%) 0.5 26.7 32.5 1.0 25.0 7.4 0,1 1.9 3.9 0.5 0.0 0.0 0.5 Fri 16 1362 1719 37 1149 406 19 94 247 33 2 1 14 5099 (%) 0.3 26.7 33.7 0.7 22,5 8.0 0.4 1.8 4,8 0.6 0.0 0.0 0.3 sat 8 631 653 22 518 256 6 30 99 21 0 0 12 2256 (%) 0.4 20,0 28.9 1.0 23.0 11.3 0.3 1.3 4.4 0.9 0.0 0,0 0.5 Sun 6 432 475 12 309 149 9 11 04 15 0 0 9 1511 (%) 0,4 20.6 31.4 0.8 2.0.5 9.9 0.6 0,7 5.6 1.0 0.0 0.0 0,6 Average daily volume Entire week 14 1.103 1379 38 1054 354 10 80 177 26 0 0 14 4250 (%) 0.3 25.9 32.,4 0.9 24,0 8.3 0.2 1.9 4.2 0.6 0.0 0.0 0.3 Weekday° 17 1390 1706 49 1374 430 12 111 221 30 0 0 16 5446 (%) 0.3 25.5 32.8 0.9 25,2 7,9 0,2 2.0 4.1 0.6 0.0 0.0 0.3 Weekend 1083 (9) 6 531 563 1'1 413 202 7 20 91 18 0 0 10 0.3 28.2 29.9 0.9 21.9 10.7 0.4 1.1 4,8 1.0 0,0 0,0 0.5 * - Incomplete Daily Classes DailyClass-100 Site: CR 215.0NS Description: MC5xxx Factory Setup Filter time: 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 Scheme: Vehicle classification (Scheme F2) Filter: CIs(1 2 3 4 5 6 7 8 9 10 11 12 13) Dlr(NESW) Sp(5,100) Sep(>0) Monday, April 09, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 Total Mon* 10 688 683 20 747 188 5 67 78 9 0 0 7 2502 (%) 0,4 27.5 27.3 0.8 29.9 7.5 0.2 2.7 3.1 0.4 0.0 0.0 0.3 true* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (8) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 Wed* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (%) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Thu* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (S) 0.0 0,0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Fri* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (%) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 Sat* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (8) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Sun* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (8) 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0,0 Average daily volume Entire week No complete days. Weekdays No complete days. Weekend No complete days. * - Incomplete MetroCount Traffic Executive Vehicle Counts VehicleCount-99 -- English (END} Datasets: Site: Direction: Survey Duration: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: (CR 215] MCSxxx Factory Setup 6 - South bound A>B, North bound B>A., Lane: 0 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 M:\data\CR 21509Apr2007.ECO (Regular) R5246060 MC56-L5 [MC55) (c)Microcom 190ct04 Factory default Axle sensors - Paired (Class, Speed, Count) 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 1,2,3,4,5,6,7,8,9,10,11,12,13 5 - 100 mph. North, East, South, West (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F2) Non rnetric (fl, mi, ft/s, mph, Ib, ton) Vehicles = 29795130165 (98.77%) " Monday, April 02, 2007 -Total=1740 (Incomplete), 16 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0000 0900 1000 1100 1200 1300 1400 1500 1600 1100 1800 1900 2000 2100 2200 2300 30 316 495 407 199 105 74 49 3d 23 0 6 2 10 7 5 11 2 1 5 8 2 O 81 115 1.16 64 39 17 14 0 84 120 121 58 25 18 13 O 68 127 92 34 20 10 16 0 38 83 125 70 43 21 21 6 4 Tuesday April 03, 2007 • Total=5514,15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0000 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 10 0 19 26 65 205 567 503 369 367 311 355 381 314 322 303 420 994 296 116 04 37 33 31 2 0 6 5 7 35 87 139 91 93 01 75 88 89 80 64 110 141 68 35 29 11 9 8 5 5 2 2 6 22 35 117 115 101 104 70 03 87 99 65 73 09 120 72 29 14 18 11 7 3 1 6 8 10 15 52 172 137 09 94 76 95 109 69 86 82 119 13 49 29 25 2 5 12 6 2 0 3 5 21 03 191 112 00 76 76 102 97 77 91 84 120 60 47 23 16 6 8 4 5 AM Peak 0015 .0715 (619), AM PHP=0.81 PM Poak 4830.1730 (500), PM PHF=0.80 • Wednosday, April 04, 2007 - Total=5563, 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1000 1900 2000 21.00 2200 2300 19 17 17 24 52 170 545 483 374 397 364 371 396 340 345 303 432 436 191 103 74 41 55 26 5 3 6 2 11 25 83 146 87 68 95 80 111 100 94 66 107 135 60 37 24 10 16 9 3 3 5 1 6 6 38 116 134 79 127 08 97 86 91 75 78 94 111 55 32 26 9 20 6 5 6 1 6 7 16 49 161 106 119 107 91 103 93 04 88 79 107 109 37 23 16 12 10 5 1 5 0 4 9 19 58 105 97 09 75 90 91 100 73 00 00 124 81 39 11 8 10 9 6 25 AM Poak0630- 0730(626), AM PHF=0.86 PM Peak 1646.1746(479), PM PHF=0.89 ' Thursday, April 05, 2007 - Total=5590, 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0000 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 34 15 11 20 55 155 571 403 391 366 350 350 420 380 297 330 397 407 228 119 76 56 32 21 3 2 3 6 11 20 90 144 99 80 101 101 90 105 69 94 93 116 65 39 26 11 5 4 12 5 5 2 10 7 32 124 134 113 80 96 00 101 06 74 77 80 118 GI 24 23 23 11 8 2 1 4 5 2 13 47 150 116 90 119 19 84 110 92 75 77 106 103 61 29 0 0 10 1 9 25 4 1 2 24 56 207 99 09 87 82 93 105 97 79 02 116 70 41 27 19 14 6 8 7 AM Peak 0630.0730 (635), AM PHF=0.77 P0A Peak 1630.1730 (460), PM PHP.0.97 " Friday, April 06, 2007 - Total=5099, 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000 2100 2200 2300 30 14 13 10 43 152 517 455 359 313 345 331 375 290 327 369 380 316 191 112 63 45 15 18 12 4 1 11 5 16 79 125 08 86 02 00 115 73 70 102 85 116 46 33 19 13 1 12 3 2 7 1 2 6 36 106 123 01 89 07 79 92 82 92 87 81 72 56 24 15 17 2 3 4 9 2. 5 1 16 37 184 104 97 GO 99 17 09 79 00 96 102 69 50 34 19 9 7 3 0 7 1 6 4 16 63 148 103 96 70 77 95 79 64 77 84 112 59 39 21 10 6 5 0 2 AM Peak0830- 0730(680) AIA PHF=0.79 PM Poak1616- 1716(411), PMPHF=0.89 ' Saturday, April 07, 2007 -Total=2266,16 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1100 1400 1500 1600 1700 1000 1900 2000 2100 2200 2300 17 21 7 13 33 95 209 207 154 145 133 144 132 114 123 107 124 146 112 93 35 06 3 3 3 2 9 17 41 46 39 56 30 35 33 31 28 30 32 34 27 26 4 16 16 39 3 11 1 4 8 3 5 3 29 48 62 39 35 33 39 30 33 32 19 34 38 27 26 4 10 8 10 1 8 8 1 5 3 16 52 45 43 30 31 37 30 33 31 31 28 41 33 19 16 12 2 6 0 2 2 0 1 18 33 60 52 33 24 39 33 31 17 32 27 30 33 25 22 11 0 3 3 4 AM Peok 0630 -0730 (230), AM PHF=0.06 PM Peak 7700.1800 (146), PM PHP=0.89 * Sunday, AprII 08, 2007-Totald1511,15 minute drops 0000 01.00 0200 0300 0400 0500 0600 0700 0800 0900 1000 1100 1200 1300 1400 1500 1600 1100 1800 1900 2000 2100 2200 2300 6 4 10 15 26 76 153 99 93 8 91 96 01 71 06 03 69 75 103 57 39 30 11 21 11 1 0 2 0 5 14 33 31 34 16 28 28 14 16 33 21 22 20 37 17 7 5 3 0 1 0 3 2 0 20 19 20 25 24 22 19 27 18 20 19 20 22 24 13 8 8 3 3 2 0 1 2 0 11 14 70 22 23 15 22 30 16 17 13 20 25 21 28 12 14 9 1 13 3 4 3 3 5 10 28 31 26 II 33 10 19 24 20 20 23 22 12 14 15 10 10 2 2 2 AM Poak 0600 •0700 (163), AM PHF=0.66 PM Peak 1800 -1900 (103), PM PHF=0.70 • Monday, April 08, 2007-TotalA2502 (Incomplete), 15 minute drops 0000 0100 0200 0300 0400 0500 0600 0700 0000 0900 1000 1100 1200 1300 1400 1500 1600 110D 1000 1900 2000 2100 2200 2300 7 13 15 11 40 170 579 530 396 325 349 61 0 0 4 3 2 5 32 97 157 11.4 100 78 61 0 0 2 - 4 - 4 6 4 29 109 138 111 88 03 0 0 0 3 3 4 0 11 40 166 119 79 69 80 0 0 0 2 2 4 9 20 69 207 116 92 78 108 0 0 AM Poak 0890 -0730 (608), AM PHF40.81 MetroCount Traffic Executive Weekly Vehicle Counts WeeklyVehicle-95 -- English (ENO' Datasets: Site; Direction: Survey Duration: Filo: Identifier: Algorithm: Data typo: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: (CR 215] MC5xxx Factory Setup 5 - South bound A>B, North bound B>A., Lane: 0 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 M:\data\CR 21509Apr2007.ECO (Regular) R5245Q60 MC56-L5 [MC55] (c)Microcom 19Oc104 Factory default Axle sensors - Paired (Class, Speed, Count) 13:53 Monday, April 02, 2007 => 13:47 Monday, Aprli 09, 2007 1, 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13 5-100 mph. North, East, South, West (bound) All - (Headway) Factory default profile Vehicle classification (Scheme F2) Non metric (ft, mi, ft/s, mph, Ib, ton) Vehicles = 29795 / 30165 (98.77%) Weekly Vehicle Counts WeeklyVehicle•95 Site: CR 215.0NS Description: MC5xxx Factory Setup Filter time: 13:53 Monday, April 02, 2007 => 13:47 Monday, April 09, 2007 Scheme: Vehicle classification (Scheme F2) Filter: Cls(1 2 3 4 5 6 7 8 9 10 11 12 13) DIr(NESV1) Sp(6,100) Sep(>0) Mon Tue Wed Thu Fri Sat Sun Averages 02 Apr 03 Apr 04 Apr 05 Apr 06 Apr 07 Apr 00 Apr 1 - 5 1 - 7 Hour 1 0000-0100 * 10 19 34 30 17 6 1 23.3 19.3 0100-0200 * 8 11 15 14 21 4 1 13.5 13.2 0200-0300 * 19 17 11 13 7 10 1 15.0 12.8 0300-0400 * 26 24 20 10 13 15 1 22.0 19,3 0400-0500 * 65 S2 55 43 33 26 1 53.0 45.7 0500-0600 * 205 170 155 152 95 76 1 110.5 142.2 0600-0700 567< 545< 571< 517< 209< 153<1 550.0< 427.0< 0700-0800 * 503 403 493 455 207 99 403.5 373.3 0800-0900 " 369 314 391 359 154 93 373.3 290.0 0900-1000 * 367 397 366 313 145 88 360.8 279.3 1000-1100 * 311 364 350 345 133 91 344,5 267.0 1100-1200 * 355 371 358 331 144 96 353.8 275.8 1200-1300 * 381 396 420< 375 132 01 393.0 297.5 1300-1400 0 334 340 300 298 114 71 1 272.0 220.7 1400-1500 38 322 345 297 327 123 86 1 265.8 219.7 1500-1600 316 303 303 330 369 107 03 I 324.2 258.7 1600-1700 495 438< 432 397 380< 124 89 I 428.4< 336.4< 1700-1800 407 394 436< 407 31G 146C 15 1 392.0 311.6 1800-1900 199 236 191 220 19] 112 103<1 209.0 100.0 1900-2000 105 116 103 119 112 93 57 ( 111,0 100,7 2000-2100 74 04 74 76 63 35 39 I 74.2 63.6 2100-2200 49 37 41 56 45 46 38 1 45.6 44.6 2200-2300 34 33 55 32 15 16 11 i 33.8 28.0 2300-2400 23 31 26 21 18 30 21 23.0 24.3 Totals 0700-1900 * 4313 4440 4425 4059 1641 1055 3310.1 0600-2200 * 5117 5203 5247 4796 2024 1342 3946,0 0600-0000 * 5181 5204 5300 4829 2070 1374 3990.3 0000-0000 * 551.4 5583 5590 5099 2256 1511 4250.0 AM Peak PM Peak * - No data. 0600 0600 0600 0600 0600 0600 567 545 571 517 209 153 1600 1700 1200 1600 1700 1800 430 436 420 380 1A6 103 4200,1 4900.9 5038.6 5336.6 APPENDIX C BERRY CENTRAL DISTRIBUTION FACILITY Projected Average Daily Traffic County Road 215 Base Year 2007 Base Count 4258 Annual Growth Rate 3% Year Projected ADT 2007 4386 2008 4517 2009 4653 2010 4792 2011 4936 2012 5084 2013 5237 2014 5394 2015 5556 2016 5722 2017 5894 2018 6071 2019 6253 2020 6441 2021 6634 2022 6833 2023 7038 2024 7249 2025 7466 2026 7690 2027 7921 2028 8159 2029 8404 2030 8656 CONSTRUCTION OF BERRY CENTRAL DISTRIBUTION POINT #2 FACILITY Total (Construction of Pad 1 fl 'i fl fl N N N N N N N N 0- V N LO vl 0 0 N N 0 1-1 Trips/Truck 'i fi 'i N c1 N rl N N fi fi 'i V V x-4 0- Total Trips (One Way) Average Trips/Day Maximum Trips/Day Truck Trips e4 N ei '-1 '1 N N fi N 'i 'i 'i ei - N Equipment Wt. 850001 350001 500001 o o o o I(1 o o O ul O] O O O in CO 250001 1 Equipment m ❑ W a racri1O In Soils/Gravel/Equip Soils/Gravel/Equip 1 0 W a V a) N Y II: 0 z N NH N N N N N N N N N N N N Weights 170000 GCW 85000 GCW 1120000 GCW ''..85000 GCW ''..80000 GCW 130000 GCW 80000 GCW 30000 GCW 85000 GVW 170000 GCW > o o o v+ m 120000 GCW 60000 GCW 35000 GCW > 0 0 o 0 m Trucks 122 Wheel low -boy 1122 Wheel low -boy 122 Wheel low -boy 122 Wheel low -boy `o `o a > a > T) n Tu CD L 3 W N 18 -wheel belly dump or trailer `o `o a > v > = v a TY II L 3 W 10 18 -wheel belly dump or trailer '..22 Wheel low -boy 22 Wheel low -boy 22 Wheel low -boy 1 22 Wheel low -boy w C c 0 c 2 u 0 u - Fuel/Maintenance Pickup or other light vehicle > m 0 N N N N VI VI Ol O+ a N a N a N a N a 'i N a N 41 a f'1 > a" 1 Every Day of Construction) 00 a 0 z OPERATION OF BERRY CENTRAL DISTRIBUTION POINT #2 FACILITY m 0 r Operation of Facility V O O W0 O 00 r r m v col Trips/Truck o a O o a O 7801 780 (Total Trips (One Way) ''.Average Trips/Day Maximum Trips/Day Truck Trips N N N N Equipment Wt. 35000 For life of facility - assumed 20 years c w E n 5 c w y 3 No. Trucks N N N N Weights MAD 0008, 0 0 0 OO O O 00 ti - O o O O 0 25000 GCW I Trucks Pickup or other light vehicle Pickup or other light vehicle 110 Wheel Water Truck 110 Wheel Water Truck N 0 t a n for 8 months N 4 d 4.1 a `o v v CO L W N E O 2 co 2 c m CU COc w E > `o 3 y it 3 o w w a s a w E ti O Z Q 11 _ _. _ _ _ _ RECLAMATION OF BERRY CENTRAL DISTRIBUTION POINT #2 FACILITY Total 11Regrading and Final Contour N N N N N N N N N N a< LO m I. N Trips/Truck N N N N N N N N N N, N N V N Total Trips (One Way) Average Trips/Day Maximum Trips/Day Truck Trips N N N N N N N N N N N N N Equipment Wt. 35000 00058 O O O O u1 O O O vl co 35000 2500!0 Equipment Grader m 0 Equipment removal) m 0 W a E 1 — = u' No. Trucks N N N N N N N N N N N N N Weights 120000 GCW V u LP o O O co co 170000 GCW 85000 GCW 30000 GCW '..80000 GCW 85000 GVW 170000 GCW > o O o o 00 00 120000 GCW 160000 GCW 35000 GCW 8000 GVW Trucks 22 Wheel low -boy 22 Wheel low -boy 22 Wheel low -boy 22 Wheel low -boy 18 -wheel belly dump or trailer 18 -wheel belly dump or trailer 22 Wheel low -boy 22 Wheel low -boy 22 Wheel low -boy 22 Wheel low -boy Fuel/Maintenance Fuel/Maintenance Pickup or other light vehicle T CO 0 N N N N 0 Oti N ti ti N N T t Q Every Day of Construction NOTE: All trips are one-way. Section 2- How Classifiers Work 3 Austroads94 Vehicle Classification Scheme The "Austroads94" Vehicle Classification Scheme replaced NAASRA in Australia in 1994. It i an improved scheme using Information from the spacings of the first three axles, the total number of axles and the number of axle groups. There are 13 classes, Level 1 Leval 2 Lovol 3 Austroads Classification Length Axles and Groups Vehicle Type Type Axles Groups Description Class Parameters Dominant Vehicle Short UA 1s 6.6in Light Vehicles 2 1 or2 Short SV 1 dlt) e• 3T43end Sot ss 2 'o t 3,4 or 5 3 Shod - Towing SVT 2 groups • 3, d(t).. 2,1m, ow.=3.245 6t2) .. 2.tm and axles - 3,4,6 r, � * „7 Medium 5.5m to 14.5m Heavy Vehicles 2 2 Two Axle Truck or Bus T62 3 dap>a]m and arias m2 41 j:"..• 3 2 Three Axle Truck or Bus T83 4 solo. 3andeeoups a2 r4l _ • >3 2 Pour Aide Truck T4 6 oda.>3 and grasps m2 Blit "��"90������`VOOV` '� ..± Long 11,6mlo loan 3 3 Three Axis Articulated Theeeses2auted wNde Of alpVvaNdeandYearFourftede ART3 6 c). Um, ed++•3 endpmup, t LL' Eon _ • •. 4 >2 iculated Four axe a,Yaeledvehlde« nlgtd Wide and bitty ART4 7 d(2)eord(I)>A2m 2.Im 54.004 sad coups, 2 21,171 flial !Ma • -5 r 6 >2 Five Axis Articulated rta ase articulated weldsor rapdrMWe end treat ART5 $ dd)c2emo, e, <2dnr «d(4)>a1m a$a 0654 aoupe>2 ��I l siRY:: —rip >zg >2 Six /We Articulated Sir (or moral rah ad&Jeledvdie 01 Rigid solid. .rad eater ART° 9 piles =6 end aoupt>2a+ ado >0 and pawn .2 Medium Comb' 17.651536.6m >6 - 4 Bboubie 8rsuba B ay/ lank Caller en 10 croups and odes>o >8 5or6 DoubleRoad oad VM«la Say tmrk and trio haler. ' DRT 11 gawps =6 eraggiSfii end axis... 6 Lang Comb' Or«a3.Om >6 >6 Triple Road Train T5214 rod sna . HeivdYudc%Ndi Uva. tuba TRT 12 vroupt> c and ries•. Ungrouped Classes UnclassifiableVehicle 13 Unclassifiable Axle Event Q Group: Axle group, where adjacent axles are less than 2.1 m apart Groups:Nun ber of axio groups Axles: Number of axles (maximum axle spacing of 10.0m) d(1): Distance between first and second axle d(2): Distance between second and third axle MTE CertificationTraining Handbook, Feb '05