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Home My WebLink About20190532.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number*: Address of site: Multiple Parcels T3N, R67W - Sections 6, 8, 9, 10, 15 Legal Description: T4N, R67W - Sections 18, 19, 30, 31 Section: *A 12 digit number on Tax I.D. information, obtainable at www.weldgov.com). Township: N Range: fl! Zone District: ag Acreage: Floodplain: eological Hazard: YCV Airport Overlay: YON FEE OWNER(S) OF THE PROPERTY: N ame: Company: Phone ##: Street Address: City/State/Zip Code: N ame: Email: Company: Phone ##: Street Address: City/State/Zip Code: N ame: Email: Company: Phone #: Street Address: City/State/Zip Code: Email: APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accompany all applications signed by Authorized Agents) N ame: Nathan Keiser Company: Kerr McGee Gathering, LLC Phone ##: 720-929-6896 Street Address: 1099 18th St, Suite 1800 Email: nathan.keiser@anadarko.com City/State/Zip Code: Denver, CO 80202 PROPOSED USE: Proposed high-pressure natural gas pipeline connecting existing St. Vrain Compressor Station to proposed Johnstown Compressor Station I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. 9/12/2018 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Nathan Keiser Print Name Print Name Rev 4/2016 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17TH AVENUE GREELEY, Co 80631 AUTHORIZATION FORI1 FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, Lindsay .Jaffee, Land Director, for each of the entities identified in this sentence, give permission to Nathan Keiser, Sam Samet, Tracy Calm. , ha elyn I arshall, and �a rantha Petite, to apply for any Nanning, BuildThg, or Health Department permits or services on behalf of,and relating to, properties and projects owned or operated by Anadarko EiStID Onshore RC, Kerr McGee Gathering LLC, Anadarko Wattenberg Oil Complex LLC, Kerr McGee Oil & Gas Oil Onshore LP. Property Owners Information: Phone: Lindsay Jaffee - 720-929-3707 Email: tindsayjaffee@anadarkg.cer Applicant/Agent Contact Information: -Phone: Nathan Keiser (72o s 62 o E -Mail: nathartkeiser ;anaderko.com Phone: Sam Same! - (720) 929-3317 E -Mail: s,arn.sam_et@anadarko.cor Phone: Trao rL olling -_x 720) 929:6-160 E -Mail: Phone: hayelyn Marshall - (720 929-6907 E. -Mail: Phone: Samantha Petit - (720) 929-3167 E -Mail, Email correspondence to be sent to: Owner Addition Info: tracy.colling anadarko.corn Shavelvn.Marshallanadiarko.com SarnanthaPetite anadark.e.ccrn Applicant/Agent Both Owner Si nature' Date; 1 OwnerSignature: , Date: Application for Use by Special Review Proposed 24" High Pressure Oil Pipeline Johnstown to St. Vrain Township 3 North, Range 67 West, 6th P.M. Sections 6, 8, 9, 10, and 15 Township 4 North, Range 67 West, 6th P.M. Sections 18, 19, 30, and 31 Weld County, Colorado Applicant: Kerr-McGee Gathering An Anadarko Company 1099 18th Street Suite 1800 Denver, Colorado 80202 KerrAstGee September 2018 i TABLE OF CONTENTS 1. Use by Special Review Questionnaire 1 1.1 Description of Proposed Use 1.2 Consistency with the intent of the Comprehensive Plan 13 Consistency with the intent of the Zoning 1.4 Surrounding Uses 1.5 Details of Site 1.6 Proposed landscaping 1.7 Proposed reclamation 1.8 Storm Water drainage 1.9 Construction period 1.10 Storage of wastes 2. Weld County Access Permit 4 3. Weld County Water and Sewer Disposal 4. Emergency Response Information 5. Preliminary Drainage and Traffic N arrative 6. Waste Handling Plan 7. Dust Abatement Plan 8. Flood Hazard and Geologic Hazard Permit 9. Fire and Emergency Response 10. Required Permits 11. Notification Requirements Appendix F • AFFIDAVIT OF INTEREST SURFACE ESTATE • PROJECT MAPS/ U SR DRAWINGS • ACQUIRED RIGHT-OF-WAY DOCUMENTS • EMERGENCY ACTION PLAN (EAP) • LANDOWP ERS WITHIN 500 FEET OF PIPELINE • CULTURAL RESOURCE SURVEY 4 5 5 5 6 6 6 6 7 1. Use by Special Review Questionnaire 1.1 DESCRIPTION OF PROPOSED USE OF THE PROPERTY. This USR application is referred to as the Kerr-McGee Gathering, LLC (KMGG) 24" High -Pressure Natural Gas Pipeline. Kerr-McGee is a wholly owned subsidiary of Anadarko Petroleum Corporation. Kerr- McGee/Anadarko operate approximately 5000 wells within the Denver-Julesberg (DJ) Basin with the vast majority being located in Weld County, Colorado. All of these wells produce varying amounts of natural gas and oil that need to be routed through numerous miles of pipeline and through a number of compressor stations in Weld County. The oil and gas pipelines in Weld County move product from wells to compressor stations, and then to processing plans. This application specifically addresses the need for a new high pressure gas pipeline in Townships 3 and 4 North, and Range 67 West. It will connect the existing St. Vrain (1MU5R17-14-0013) and the proposed Johnstown Compressor Stations. The proposed pipeline will be a high pressure 24 -inch line and will start in the north half of Section 15, Township 3 North, Range 67 West, and moving north and west and ending in the Southwest corner of Section 18, Township 4 North, Range 67 West. The total length of the line is approximately seven and a half miles in Weld County. Kerr-McGee has submitted the preferred route for review and approval. Alternate routes were not an option for this project since Kerr-McGee had existing pipeline corridors provided for in negotiated and mutually acceptable agreements that allowed for multiple lines. '1.2 EXPLAIN HOW THIS PROPOSAL IS CONSISTENT WITH THE INTENT OF THE WELD COUNTY COMPREHENSIVE PLAN. The Weld County Comprehensive Plan addresses goals and policies for agriculturally zoned properties, oil and gas deposits, as wells as environmental pollutants that oil and gas operations may omit. The Oil and Gas Deposits Section of the Comprehensive Plan (Sec. 22-5-90) states, "The most efficient and environmentally friendly way to transport crude oil is by pipeline, rather than by truck." Transportation of product by pipeline also has less impact to County roads. The reduction of truck traffic also increases air quality in the area, another benefit derived from increased pipeline infrastructure. Furthermore, Oil and Gas Policy 2.8 states "Oil and gas activities should be planned to accommodate current and future subdivision activities to the extent such development can reasonable be anticipated." The proposed pipeline meets the above referenced goals and is consistent with policies of the Weld County Comprehensive Plan. '1.3 EXPLAIN HOW THIS PROPOSAL IS CONSISTENT WITH THE INTENT OF THE WELD COUNTY CODE, CHAPTER 23 (ZONING) AND THE ZONE DISTRICT IN WHICH IT IS LOCATED. Oil and gas facilities are allowed as a use by right in the A. (Agricultural) Zone District. All properties included in this proposed alignment are zoned Agriculture and such zoning allows oil and gas support and service operations such as pipelines. However, the code does require to be permitted as a Site Specific Development Plan and will require the approval of a U s e by Special Review permit. Any impacts to actively cultivated land by the project will be temporary, and agricultural operations can return once the pipelines are operational. 1 All standards outlined in Sec. 23-2-400 of the Weld County Code will also be met. The design and routing of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. This is the preferred route due to economic feasibility, constructability, environmental sensitivity, and landowner preferences including route access. Private easements have been negotiated with private land owners, whereas alternative alignments would require new easements to be negotiated and involve crossings that may result in greater environmental impacts in certain locations. Kerr-McGee has also strived to ensure that the route will not have an adverse effect on future development by working with the Engineering Division of Weld County Public Works. The Conditions of Approval and Development Standards will also ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be implemented (through the grading permit process) for all construction areas, including erosion control methods, dust suppression, KMGG has also proposed a number of measures to mitigate impacts from the pipeline including the boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; tracking pads will be utilized where heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be segregated from subsoil during grading activities. Once the pipeline is installed in the trench, subsoil will be backfilled into the trench. The segregated topsoil will be placed atop the subsoil, and the right-of- way will be graded to preconstruction contours. A Colorado Department of Public Health and Environmental (CDPHE) Construction Stormwater Permit will also be obtained. The permit requires the development of a SWMP. Kerr McGee has developed the Stormwater Management Plan [SWMP] to provide mitigation measures to be followed during construction and operation of the pipeline; and the impacted area will be stabilized by reseeding and if necessary, installing pe anent erosion controls as quickly as possible following final grading. 1.4 WHAT TYPES OF USES SURROUND THIS SITE? EXPLAIN HOW THE PROPOSED USE IS CONSISTENT AND COMPATIBLE WITH SURROUNDING LAND USES. The pipeline's route is located in unincorporated Weld County in an Agricultural Zone District containing rural residential development, production agriculture, and rangelands. The project is consistent with and compatible with the surrounding land uses as a use allowed by right under Weld County Code Section 23- -20 1.5 DESCRIBE, IN DETAIL, THE FOLLOWING: How many people will use this site? There will be no employees on site along the gas line corridor. The gas line route is visited by a Kerr- McGee employee on a regular basis. Given the very limited amount of employee time an employee is around the gas line it is suggested that there is no need for permanent water and sewer service needs. Personnel can utilize these services at their typical facilities and office locations. How many employees are proposed to be employed at this site? There are no full time employees to be located along the gas line route. The ROW may be periodically driven by one or two employees for regular inspection and/or maintenance. Pigging equipment at the ends of the lines maybe visited on a regular basis to launch and receive cleaners. This equipment will typically be located inside our facilities, however if outside, will be fenced for security. What are the hours of operation? The pipeline will carry gas 24 hours a day 7 days a week based on demand. Trucks usually will only travel along the route during the hours of 6am-5pm unless there is an emergency. 2 What type and how may structures will be erected (built) on this site? There will be no permanent structures built on site, unless pig launchers are required. What type and how many animals, if any, will be on site? There will not be any animals on site. What kind (type, size, weight) of vehicles will access this site and how often? A Kerr-McGec/Anadarko employee will visit the pipelines on a regular basis in a company pick-up truck. In emergency situations or pipeline maintenance, larger equipment may be utilized. Who will provide fire protection to this site? Platteville-Gilcrest Fire Protection District and/or Front Range Fire Rescue would be dispatched in the unlikely event of an incident along the pipeline route. The project will not have a water source; therefore, water or other fire retardants would be transported to the ROW if necessary. Kerr-McGee's emergency response team will be the first line of response for emergency situations and will coordinate with local responders as appropriate. What is the water source on the property (both domestic and irrigation)? There is no need for a water source along the pipeline route. Bottled water shall be utilized for drinking during the construction of the project. What is the sewage disposal system on the property (existing and proposed)? There will be no need for a permanent sewage disposal system. Employees will also have access to use a port -o -let that will be on -site during the construction period. If storage or warehousing is proposed, what type of items will be stored? This project will not require storage or warehousing. If laydown space is necessary the St.Vrain Co ipressor Station can be used. 1.6 EXPLAIN THE PROPOSED LANDSCAPING FOR THE SITE. THE LANDSCAPING SHALL BE SEPARATELY SUBMITTED AS A LANDSCAPE PLAN MAP AS PART OF THE APPLICATION SUBMITTAL There is no screening or additional landscaping proposed with this application. Per separate agreement the pipeline corridor is to be kept free of materials that may create an obstruction. The entire pipeline will be underground with the exception of valves locations. Pipeline routes will be returned to natural state when the project is complete. '1.7 EXPLAIN ANY PROPOSED RECLAMATION PROCEDURES WHEN TERMINATION OF THE USE BY SPECIAL REVIEW ACTIVITY OCCURS. Upon successful completion of construction, ction, disturbed areas may be crimped and seeded with native grasses to encourage vegetation growth, soil stabilization and prevent erosion. Provisions for crop damage on agricultural land and/or remedies for soil erosion problems have been or will be addressed with individual landowners. 3 1.8 EXPLAIN HOW THE STORM WATER DRAINAGE WILL BE HANDLED ON THE SITE. Kerr-McGee's construction activities arc covered by a Colorado Department of Public Health and Environment Stormwater Discharge Permit. Anadarko/KM.GG will adhere to all Colorado Dept. of Public Health and Environment's rules and regulations in regards to storm water discharge. The route is relatively flat. Negligible increase of storm water runoff will be associated with the proposed pipeline construction activities. However, storm water controls (BMPs) will be implemented along the entire project disturbance area to minimize erosion and water runoff. Anadarko utilizes a third -party consultant to conduct the permit -mandated BMP inspections. Historical surface flow patterns and amounts shall be maintained at each site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm water run-off. 1.9 EXPLAIN HOW LONG IT WILL TAKE TO CONSTRUCT THIS SITE AND WHEN CONSTRUCTION AND LANDSCAPING IS SCHEDULED TO BEGIN. It is anticipated that Kerr-McGee will have the pipeline completed by April 30, 2019. 1.10 WASTE There will be no waste stored associated with this project. 2. Weld County Access Permit Kerr-McGee is aware that there are Weld County requirements for access permits for county roads. Kerr- McGee andlor its contractor will obtain, if necessary, the appropriate access permits and will be submitted for review. 3. Weld County Water Supply and Sewer Disposal Due to the nature of this facility being one natural gas pipeline approximately 7.5 mile in length, there is no need for a source of water or a sewer system of any type. The portable toilets on site are provided by and service by Waste management. Waste Management 2400 West Union Ave Englewood, CO 80010 (303) 482-6406 4 4. Emergency Response Information Due to the nature of this facility being a gas pipeline for an approximate total of 7.5 mile stretch, any emergency along the line will necessitate Kerr-McGee personnel to respond to the line and resolve with our company standard protocol. Kerr-McGee has trained personnel available 24/7 to respond to incidents and engage local officials as appropriate. Kerr-McGee/Anadarko's Integrated Operations Center (IOO) provides 24/7 monitoring and emergency response that number is 1-866-504-8184. Please see included Emergency Action Plan (EAP) as part of this application for additional emergency response information. 5. Preliminary Drainage and Traffic Narrative Not applicable. This project does not warrant a need for either a drainage study or a traffic study. No drainage patterns will be altered and once construction of the pipeline is done there will be relatively few vehicles on the nearby roads. Any additional traffic resulting from construction of the pipeline will be minor and temporary. There will be 18 wheelers dropping pipe off as well as vehicles from workers. The pipe will be dropped off in segments and lowered by construction equipment. There will be roughly the same amount of traffic each day during construction and will be during normal business hours. Kerr-McGee will apply for all permits for roads crossed by the project. 6. Waste Handling Plan No wastes are expected to be generated on site. No chemicals will be stored on site. The project is for one subsurface pipeline. No vehicles or equipment will be washed along the route during or construction. During construction, if any liquid or solid wastes are needed, they will be stored or removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of waste shall be permitted. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. Regarding a motor vehicle oil leak (potentially during construction), Anadarko's standard operating procedures are to dig up the contaminated soil and ship it to the Ault Waste Management facility. Anadarko then tests and analyzes the remaining soil to be sure it is clear of all containments. Once that is completed, Anadarko back fills the previously contaminated area with clean fill. 7. Dust Abatement Plan During the construction phase of the pipeline project, Anadarko and its contractors utilize water trucks to maintain dust suppression and fugitive particulate emissions. Also, the Storm Water Management Plan will be followed to mitigate soil erosion during the construction phase. After construction is completed, each property will be stabilized using appropriate native vegetation, which will not be allowed to grow over 12" 5 high. Additionally, Anadarko will gravel any access drive affected with the same material in its existing condition. In addition, a water truck will be utilized to control dust after the construction, if required. 8. Flood Hazard and Geologic Hazard Permit A Geologic Hazard Develop lent Permit is not applicable with this project. Flood Hazard Permits will be applied for and in -place before commencement of construction activities. Additionally, please see Cultural Resource Survey included in this application sub • *teal. 9. Fire and Emergency Response There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the country. All roads will be designed and maintained to support fire apparatus. A turnaround may be constructed as necessary to accommodate fire apparatus. KMGG has support personnel in the field or on call at all times to provide technical assistance in fire prevention and elimination. Kerr McGee/Anadarko's Integrated Operations Center (IOC) monitors our pipelines the 24/7 telephone number is 1-866-504-8184. 10. Required Permits A Use by Special Review Permit is required to be approved by the Board of County Commissioners prior to construction of the facility. • Kerr-McGee/Anadarko will submit any additional permits necessary for county approval. • Weld County ROW Permits will be required for installation in Weld County ROW and will be applied for prior to construction in any Weld County ROW. This includes road crossings and borings. • Signing and Traffic Control arc required with construction of this pipeline. A Weld County Grading Permit is required not to be issued for this project prior to construction commencement. • If necessary, oversize load permits will be obtained prior to moving any new equipment onto the site. • The Site Plan and Special Review Use Application will be referred to and reviewed by the Platteville-Gilcrest Fire Protection District and Front Range Fire Rescue. 6 11. Notification Requirements In accordance with Section 23-2-260 (B) (9) of the Weld County Code a list of the names and addresses of the owners of property within 500 feet of the subject property is included in this application. 11.1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE AND SURFACE OWNERS LIST A signed Affidavit of Interested Land Owners is also included in the Appendix of this application. Notice will be in the County Newspaper of Record and signs will be posted at each County road right-of-way. 7 APPENDIX • AFFIDAVIT OF INTEREST SURFACE ESTATE • PROJECT MARS/U S R DRAWINGS • ACQUIRED RIGHT-OF-WAY DOCUMENTS • EMERGENCY ACTION PLAN (EAP) • LANDOWNERS WITHIN 300 FEET OF PIPELINE • CULTURAL RESOURCE SURVEY 8 Johnstown to St. Vram 24" High -Pressure Natural Gas Pipeline Emergency Action Plan 9/11/2018 44,11 Kerr!vtGee Kerr-McGee Gathering An Anadarko Company 1099 18th Street Suite 1800 Denver, Colorado 80202 Johnstown to St. Vrain - Emergency Action Plan 24" HP Natural Gas Pipeline Weld County, Colorado 1. Name: Kerr-McGee Gathering, LLC, an Anadarko Company 2. Scope: Kerr-McGee Gathering (KMGG) has prepared this Emergency Action Plan. The plan has been put together to address potential emergency response issues associated with theconstruction and operation of a 24" natural gas pipeline. KMGG plans to construct this pipeline in February, 2019. 3. Location: Existing St. Vrain Compressor Station to proposed Johnstown Compressor Station - 24" HP Natural Gas Pipeline. The pipeline will be approximately seven and a half miles long and will run in the north/south direction and cross multiple sections including 6, 8, 9, 10 and 15 in Township 3 North, Range 67 West, and sections 18, 19, 30, and 31 in Township 4 North, Range 67 west. 4. Regulatory Requirements: The Plan has been prepared to comply with the land use regulations of Weld County. In addition, the pipet i e will be constructed and operate in accordance with. regulations developed by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Colorado Public Utilities Commission. 5. Emergency Contact List: KMGG invests significant time and capital constructing and maintaining the quality and integrity of our pipeline systems. We construct our pipelines to the highest federal standards, regardless of classification. We utilize cathodic protection to protect the pipelines from external corrosion, pressure relief devices to protect from over pressurization and pressure test each line prior to start-up to ensure the integrity of the pipe, welds, and appurtenances. Ongoing maintenance of our pipelines, such as patrolling, leak surveys, valves maintenance and checking of and maintenance of cathodic protection systems help maintain the integrity of our pipelines. However, in the event of fire, injury, spill or release of hazardous materials, or any other incident requiring and emergency response, the following contacts will be made: i incident Contact Phone Number Comments Fire, explosion, serious injury Mountain Protection View District(303) Fire911 or -oo Platteville Department Police 911 4 COGCC (303) 894-2100 Platteville-Gilcrest Fire District Protection 911 (970) or 785-2232 Reporting impacting reportable CERCLA p required g surfacewater quantity hazardous for spills substances. spills or for of Front Rescue Range Fire 911 (970) or 587-4464 impacting Reporting reportable CERCLA required surface quantity hazardous for spills water or spills of substances. for Colorado -m Deartmrient of Public (800)886-7689 i Reporting p actins required surface for spills mater or for Johnstown to St. Vrain - Emergency Action Plan 24" HP Natural Gas Pipeline Weld County, Colorado Health Environment and reportable CERCLA quantity hazardous spills substances. of US EPA (800) 227-8917 Reporting impacting reportable CERCLA required surface quantity hazardous for water spills substances. spills or of for National Center Clean Harbors Response (800) 424-8802 (406) 370-6595 Reporting impacting reportable CERCLA A commercial response required surface quantity hazardous spill contractor for water substances. clean-up spills spills or for of Due to the nature of this being a midstream facility, any emergency will necessitate Kerr-McGee personnel to respond to the issue and resolve with our standard company protocol. Kerr-McGee has trained personnel available 24/7 to respond to incidents and engage local officials as appropriate. Kerr- McGee/Anadarko's Integrated Operations Center provides 24/7 monitoring and emergency response and can be reached at 1-866-504-8184. In any case the following personnel at Anadarko can also be reached if necessary: Paul Schneider HSE Manager 1099 18th St, Suite 600 Denver, CO 80202 (720) 929-6726 office (303) 868-6665 mobile Jeff J ones — Sr Staff EHS Representative 501 N. Division Blvd Platteville, CO 80651 970-515-1421 office 307-262-2899 mobile 6. Emergency Response: Emergency response is taken very seriously. To prepare for the unlikely event of an emergency, K N4G G coordinates, communicates, and plans with local emergency responders. Upon the notification of an incident or leak, KMGG will immediately dispatch trained personnel to work with emergency responders. All KMGG vehicles are equipped with GPS tracking devices so the operators in the Integrated Operations Center can see at a glance which operator is closest to a potential problem area and dispatch them immediately. There are operators in the field around the clock so KMGG personnel are present and available to respond to emergencies at all times. Emergencies are rare, but should one occur, protection of the public is the KMGG's first priority. Operators are extensively trained to respond to an emergency appropriately to restore safe conditions for the public and to minimize any impacts to the environment. KMGG distributes pipeline information to everyone within 220 yards of our pipelines annually. This information helps the general public know about pipelines, know how to report a pipeline emergency and most importantly to know to call 811 prior to any digging in the area. Line strikes are the leading cause Johnstown to St. Vrain - Emergency Action Plan 24" HP Natural Gas Pipeline Weld County, Colorado of pipeline incidents. We invite all excavators in the counties in which we operate to an annual meeting to discuss the importance of getting locates on all below ground lines before any construction begins. We arc a member of Colorado 811, "One Call System" and proactively encourage its use at all times. Internally, we have a "Red Zone" checklist which requires both our construction supervisor and the contractor working for us to visually clear the area where excavation will be taking place. Where lines are found or suspected, hydrovac is used in these areas to expose underground utilities safely. This has dramatically reduced the number of line strikes in the County. Many of our pipelines fall under the regulatory jurisdiction of PI -IM and/or the Colorado Public Utilities Commission. We are inspected by these agencies regularly for compliance with their construction, maintenance, notification, and safety rules. During these inspections, we meet with the regulatory authorities and review all of our construction and maintenance records. We report information such as pipe diameter, installation year, leaks and integrity i i o ation on our regulated pipelines annually. Johnstown to St. Vrain - Emergency► Action Plan 24" HP Natural Gas Pipeline Weld County, Colorado Cultural Resource Inventory for the Johnstown to St. Vrain Pipeline Project, Weld County, Colorado September 2018 Prepared for: Anadarko Petroleum Corporation 1099 18th Street, Suite 1800 Denver, CO 80202 Prepared by: Tetra Tech, Inc. 350 Indiana Street, Suite 500 Golden, CO 80401 �aa Petroleum Corporation TETRA TECH Cultural Resource Inventory for the Johnstown to St. Vrain Pipeline Project Weld County, Colorado B Y: Stephen R. Anderson, RPA and Matthew Neff, RPA Prepared for: Anadarko Petroleum Corporation 1099 18th Street, Suite 1 800 Denver, CO 80202 Prepared by: Tetra Tech, Inc. 350 Indiana Street, Suite 500 Golden, CO 80401 Colorado State Archaeological Permit No. 73895 September 2018 FOR OFFICIAL USE ONLY: Disclosure of site locations prohibited (43 CFR 7.18) Information contained in this report is confidential and access to this information is restricted by the National Historic Preservation Act of 1966 (as amended), the Archaeological Resources Protection Act of 1979 (as amended), and Colorado Revised Statutes 24-72-203(1) and 24-80-405(2). Johnstown to St. Vrain Pipeline Project Weld County, Colorado Abstract This report is a summary of the cultural resource survey► conducted from September 1 through 3, 2018 by Tetra Tech, Inc. (Tetra Tech) in support of the Anadarko Johnstown to St. Vrain Pipeline Project (the Project). This report is based on the geographic information system data provided by Anadarko Petroleum Corporation on August 28, 2018. Tetra Tech conducted a cultural research desktop study on August 31, 2018 and an intensive -level cultural resource pedestrian survey of the Project corridor between September 1 through 3, 2018. The Project does not require federal or state funding or federal or state permitting, therefore the Project is not subject to the National Historic Preservation Act Section 106 process. However, the Project occurs within Weld County and requires a Use by Special Review Application and a cultural resource investigation is required under Colorado Revised Statues 24-80-401 through 411. An intensive -level pedestrian survey was conducted for the entire Project. The pedestrian survey included approximately 7.47 linear miles (272.5 acres) along a 150 -foot -wide corridor centered along the pipeline alignment in Weld County, Colorado. The survey was conducted on behalf of Anadarko Petroleum Corporation prior to Project construction. The surveyed areas consisted of privately - owned lands subject to Use by Special Review Application permit. The cultural resources research study included a site file search of the Colorado Office of Archaeology and Historic Preservation records, U.S. Bureau of Land Management General Land Office plats and historical maps, and a search of the National Register of Historic Places properties within 1 mile of the Project's pipeline alignment in Weld County. The pedestrian survey was conducted in portions of the following quadrangles: • Sections 18 19, 30, and 31, Township 4N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Johnstown (1988) quadrangle. • Sections 5, 6, 8-10, and 15, Township 3N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Johnstown (1988) and Gowanda (1979) quadrangles. Six new and one previously recorded cultural resources were identified and recorded as a result of the pedestrian survey. The six new cultural resources consist of a farmstead (5W L.8819), segment of the Union Pacific Railroad -Dent Branch (5WL.1317.26), a segment of the Farmers Extension Ditch (5WL.3148.4), two unnamed ditch segments (5WL.8817.1 and 5WL8820.1), and segment of the Erkenbeck Lateral Ditch (5WL.8818.1). The previously recorded cultural resource consists of a segment of the Great Western Railroad (5W L.841). Tables ES -1 and ES -2 below comprise the required survey and inventory forms that are required by the Colorado OAH P. Cultural Resource Inventory Johnstown to St. 'gain Pipeline Project Weld County, Colorado Table ES -I: Cultural Resource Survey Areas Colorado Office of Archaeology and Historic Preservation —Cultural Resource Survey Management Information Please complete this form and attach a copy behind the Table of Contents of each survey report. Acres of Potential Effect/Project: ~27.2.5 Acres Surveyed: ~272.5 Legal Location of Project (add additional pages if necessary) Principal Median: 6th Quad. map date(s): 1988 and 1979 Quad Map(s) Names: Johnstown and Gowanda quadrangles Township 3N Range: 67W Sec.: 5 114s W1 NW SW SW Township 3N Range: 67W Sec.: 5 1/4s W V2 SW SW SW Township 3N Range: 67W Sec.: 6 1/4s E% NE NE NE Township 3N Range: 67W Sec.: 6 1/4s E12 SE NE NE Township 3N Range: 67W Sec.: 6 1/4s EA NE SE NE Township 3N Range: 67W Sec.: 6 1/4s E% SE SE NE Township 3N Range: 67W Sec.: 6 114s EA NE NE SE Township 3N Range: 67W Sec.: 6 1/4s E12 SE NE SE Township 3N Range: 67W Sec.: 6 1/4s NE SE SE Township 3N Range: 67W Sec.: 6 114s N'/2 SE SE SE Township 3N Range: 67W Sec.: 8 1/4s NIA NW NW NW Township 3N Range: 67W Sec.: 8 1/4s NIA NE NW NW Township 3N Range: 67W Sec.: 8 1/4s NIA NW NE NW Township 3N Range: 67W Sec.: 8 114s NE NE NW Township 3N Range: 67W Sec.: 8 114s SW NW NW NE Township 3N Range: 67W Sec.: 8 1/4s NV2 SW NW NE Township 3N Range: 67W Sec.: 8 114s SE NW NE Township 3N Range: 67W Sec.: 8 114s WA NW SE NE Township 3N Range: 67W Sec.: 8 1/4s W'Y2 SW SE NE Township 3N Range: 67W Sec.: 8 1/4s WA NW NE SE Township 3N Range: 67W Sec.: 8 114s W �2 SW NE SE Township 3N Range: 67W Sec.: 8 1/4s WA NW SE SE Township 3N Range: 67W Sec...: 8 1/4s WA SW SE SE Township 3N Range: 67W Sec..: 8 1/4s Sl2 SW SE SE Township 3N Range: 167W Sec.: 8 114s Sz SE SE SE I Township 3N Range: 67W Sec.: 9 114s SY2 SW SW SW Township 3N Range: 67W Sec.: 9 1/4s S12 SE SW SW Township 3N Range: 67W Sec.: 9 114s S12 SW SE SW Township 3N Range: 67W Sec.: 9 114s 3/2 SE SE SW Township 3N Range: 67W Sec.: 9 1/4s SY2 SW SW SE Township 3N Range: 67W Sec.: 9 1/4s S�2 SE SW SE Township 3N Range: 67W Sec.: 9 114s S�2 SW SE SE Township 3N Range: 67W Sec.: 9 1/4s S12 SE SE SE Township 3N Range: 67W Sec.: 10 1/4s SW SW SW Township 4N Range: 67W Sec..: 18 1/4s SW SW NE SE ii Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado Table ES -I: Cultural Resource Survey Areas Colorado Office of Archaeology and Historic Preservation —Cultural Resource Survey Management Information Please complete this form and attach a copy behind the Table of Contents of each survey report. Acres of Potential Effect/Project: ~27.2.5 Acres Surveyed: ~272.5 Legal Location of Project (add additional pages if necessary) Principal Median: 6th Quad. map date(s): 1988 and 1979 Quad Map(s) Names: Johnstown and Gowanda quadrangles Township 4N Range: 67W Sec.: 18 1/4s W% NW SE SE Township 4N Range: 67W Sec.: 18 114s W/2 SW SE SE Township 4N Range: 67W Sec.: 19 114s N/ NW NE NE Township 4N Range: 67W Sec.: 30 1/4s W/2 NW SE NE Township 4N Range: 67W Sec.: 30 1/4s W1/2 SW SE NE Township 4N Range: 67W Sec.: 30 114s S/2 SE NW NE Township 4N Range: 67W Sec.: 30 114s 5% SW NW NE Township 4N Range: 67W Sec.: 30 1/4s E12 SE SW NE Township 4N Range: 67W Sec.: 30 114s E/2 NE SW NE Township 4N Range: 67W Sec.: 30 114s N1/2 NE SW NE Township 4N Range: 67W Sec.: 30 1/4s N'/2 NW SW NE Township 4N Range: 67W Sec.: 30 114s E/2 NW NE SE Township 4N Range: 67W Sec.: 30 1/4s E1/2 SW NE SE Township 4N Range: 67W Sec.: 30 114s E/2 NE NW SE Township 4N Range: 67W Sec.: 30 1/4s E/� SE NW SE Township 4N Range: 67W Sec.: 30 1/4s NE SE SE Township 4N Range: 67W Sec.: 30 114s E/2 SE SE SE Township 4N Range: 67W Sec.: 31 114s WA NE NE NE Township 4N Range: 67W Sec.: 31 1/4s N'/2 NW NE NE Township 4N Range: 67W Sec.: 31 1/4s NIA NE NW NE Township 4N Range: 67W Sec.: 31 114s N14 NW NW NE Township 4N Range: 67W Sec.: 31 1/4s W/2 NW NW NE Township 4N Range: 67W Sec...: 31 114s W!'2 SW NW NE Township 4N Range: 67W Sec..: 31 1/4s NW SW NE Township 4N Range: 67W Sec.: 31 114s SW SW NE Township 4N Range: 67W Sec.: 31 114s W1/2 NW NW SE Township 4N Range: 67W Sec.: 31 1/4s W/2 SW NW SE Township 4N Range: 67W Sec.: 31 114s W/2 NW SW SE Township 4N Range: 67W Sec.: 31 114s WA SW SW SE Township 4N Range: 67W Sec.: 31 1/4s SE SW SE Township 4N Range: 67W Sec.: 31 1/4s 5% SW SE SE Township 4N Range: 67W Sec.: 31 114s S/2 SE SE SE Cultural Resource Inventory iii Johnstown to St. 'rain Pipeline Project Weld County, Colorado Table ES -2: Newly Recorded Site Information Smithsonian Number Resource Type Eligibility Recommendation Prehistoric Multi component Not Eligible Need Data Contributes to National Reg ister District No Further Action Excavate cu a 2 a) w o O ..r .� ± c 1- W 5WL.841 X X X 5WL.1317.26 X X X 5WL.3148.4 X X X 5WL.8817.1 X X X 5WL.8818.1 X X X 5WL.8819 X X X 5WL.8820.1 X X X Total Sites: 0 7 0 0 2 3 2 0 3 4 0 0 0 The Project Area = 272.5 acres Areas surveyed = 272.5 acres Principal Meridian, Township, Range., Township 3N, Range 67W Quad. Name and date(s): Johnstown Sections (1988) - 6'h PM: Sections 18, and Gowanda (1979) quadrangles 19, 30, and 30, Township 4N, Range 67W; Sections 5, 6, 8-10, and 15-17, Principal Investigator Name: Stephen R. Anderson, RPA Principal Investigator's Signature: . 0 iv Cultural Resource Inventory Abstract 1. Introduction 2. Environmental Setting 2.1 Physiography and Hydrology 2.2 Climate 2.3 Geology and Geomorphology 2.4 Biotic Setting 2.4.1 Flora 2.4.2 Fauna 3. Cultural -Historical Context......... Johnstown to St. Vrain Pipeline Project Weld county. Colorado Contents Page ES-i 1-1 2-1 2-1 2-1 2-2 2-2 2-2 2-3 3-1 3.1 Prehistoric Narrative 3-1 3.1.1 Paleoindian Stage 3-1 31.2 Archaic Stage -2 3.1.3 Late Prehistoric Stage 3-4 3.1.4 Protohistoric Stage 3-4 3.2 Historic Narrative 3-5 3.2.1 Early Exploration and Conquest 3-5 3.2.2 Trails and Transportation 3-6 3.2.3 Homesteading and Agricultural Settlement 3-6 3.2.4 Irrigation Ditches along the Northern Front Range 3-7 4. Statement of objectives 4-1 4.1 Expected Results 4-1 5. Methodology 5-3 5.1 Desktop Research Methods 5-3 5.2 Field Methods 5-3 5.3 Site Evaluation Criteria 5-3 6. Results 6-1 6.1 Desktop Research 6.2 New Cultural Resources Recorded During the Pedestrian Survey 6.2.1 6.2.2 6.2.3 6.2.4 6.2.5 6.2.6 Site 5WL.1317.26 Union Pacific Railroad -Dent Branch Site 5WL.3148.4 Farmers Extension Ditch ... Site 5WL.8817.1 Site 5WL.8818.1 Site 51L.8819.. Site 5WL.8820.1 6-1 6-2 6-2 6-4 6-5 6-6 6-7 ...6-9 Cultural Resource Inventory v Johnstown to St. Vrain Pipeline Project Weld County, Colorado 6.3 Previously Recorded Cultural Resources Recorded During the Pedestrian Survey 6-10 6.3.1 Site 5WL.841 Great Western Railroad 6-10 7. Recommendations 7-1 8. References Cited 8-1 Tables Table ES -1: Cultural Resource Survey Areas ii Table ES -2: Newly Recorded Site Information iv Table 6-1: Previously Conducted Surveys within the Research Area 6-1 Table 6-2: Previously Recorded Cultural Resources within the Research Area. 6-2 Figures Figure 1-1: USGS Topographic Map of the APE 1-3 Figure 1-2: USGS Aerial Imagery Map of the APE 1-5 Figure 6-1. Overview of the Union Pacific Railroad -Dent Branch (5WL.1317.26). View looking south. 6-3 Figure 6-2. Overview of Feature 1 Trestle (5WL.1317.26). View looking northeast. 6-3 Figure 6-3. Overview of Farmers Extension Ditch (5WL.3148.4). View looking west. 6-4 Figure 6-4. Overview of site 5WL.8817.1. View looking north. ..6-5 Figure 6-5. Overview of site 5WL.8818.1. View looking west. 6-6 Figure 6-6. Overview of Feature 1 at site 5WL.8819. View looking north. ..6-7 Figure 6-7. Overview of Feature 2 at site 5WL.8819. View looking northeast 6-8 Figure 6-8. Overview of Feature 3 at site 5WL.8819. View looking west. 6-8 Figure 6-9. Overview of site 5WL.8820.1. View looking east6-10 Figure 6-10. Overview of site 5WL.841. View looking northeast6-12 vi Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 1. Introduction This report is a summary of the cultural resource survey conducted from September 1 through 3, 2018 by Tetra Tech, Inc. (Tetra Tech) in support of the Anadarko Johnstown to St. Vrain Pipeline Project (the Project). This report is based on the geographic information system data provided by Anadarko Petroleum Corporation on August 28, 2018. Tetra Tech conducted a cultural research desktop study on August 31, 2018 and an intensive -level cultural resource pedestrian survey of the Project corridor between September 1 through 3, 2018. The Project does not require federal or state funding or federal or state permitting, therefore the Project is not subject to the National Historic Preservation Act Section 106 process. However, the Project occurs within Weld County and requires a Use by Special Review Application and a cultural resource investigation is required under Colorado Revised Statues 24-80-401 through 411. An intensive -level pedestrian survey was conducted for the entire Project. The pedestrian survey included approximately 7.47 linear miles (272.5 acres) along a 150 -foot -wide corridor centered along the pipeline alignment in Weld County, Colorado. The survey was conducted on behalf of Anadarko Petroleum Corporation prior to Project construction. The surveyed areas consisted of privately - owned lands subject to Use by Special Review Application permit. The cultural resources research study included a site file search of the Colorado Office of Archaeology and Historic Preservation (OAHP) records, U.S. Bureau of Land Management General Land Office (GLO) plats and historical maps, and a search of the National Register of Historic Places (NRHP) properties within 1 mile of the Project's pipeline alignment in Weld County. The pedestrian survey was conducted in portions of the following quadrangles: • Sections 18 19, 30, and 31, Township 4N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Johnstown (1988) quadrangle. • Sections 5, 6, 8-10, and 15, Township 3N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey 7.5' Johnstown (1988) and Gowanda (1979) quadrangles. Six new and one previously recorded cultural resources were identified and recorded as a result of the pedestrian survey. The six new cultural resources consist of a farmstead (5W L.8819), segment of the Union Pacific Railroad -Dent Branch (5WL.1317.26), a segment of the Farmers Extension Ditch (5WL.3148.4), two unnamed ditch segments (5WL.8817.1 and 5WL8820.1), and segment of the Erkenbeck Lateral Ditch (5WL.8818.1). The previously recorded cultural resource consists of a segment of the Great Western Railroad (5WL.841). Cultural Resource Inventory 1-1 Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 1-2 Cultural Resource Inventory Figure 1-1: USGS Topographic Map of the APE Johnstown to St. Vrain Pipeline Project Weld County, Colorado • - I �'. - S" j, r'- e�'I ', le ( ` • p . i • ... - - _ - I I .. a„'e•S c X!!! . — rS-}-] r, �' I I .. a vim, .: V --. � •M q1 v -.11'" _ !o C�•1 " Yjr. L._—_— Y ry _' - e} • - ' —_ a — _ iP' a die, .a I a-- {tl I • ..._' e 5ry.r,.. j• _ ° .... I re i 1 `/ 1/ • E sr-�'� ! ' • • I ' i _ .Y'1G i —1`.... 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Kilometers Q 0.5 1 M Iles ANADARKO JOHNSTOWN TO St VRA I Ill PIPELINE PROJECT Cultural Resource Inventory 1-3 Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 1-4 Cultural Resource Inventory ANADARKO JOHNSTOWN TO St VRAIN PIP'ELIN'E PROJECT Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 1-6 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 2. Environmental Setting 2.1 Physiography and Hydrology The Project is located east of the base of the foothills and west of the eastern plains of Colorado, within the Colorado Piedmont section of the Great Plains Physiographic Province (Osterkamp and Gustayson 1987). The Colorado Piedmont is an area adjacent to the Front Range of the Rocky Mountains, which extends 50 to 100 miles eastward from the foothills. The topography within this area is characterized by level plains and rolling hills incised by drainages. Major relief generally occurs at the edges of the drainages. The elevation along the Project ranges from 4,790 to 5,010 feet above mean sea level. The greatest changes in elevation within the Colorado Piedmont occur where the Platte River and its larger tributaries have cut through the deposits that form the Colorado Piedmont. The upper forks of the South Platte rise along the Continental Divide and in the mountains surrounding South Park in central Colorado. The forks flow generally to the northeast, converging in the foothills southwest of Denver to create the South Platte mainstream. The river descends the Front Range near Denver, flows through the city, and then follows a straight northerly course, traversing a lengthy segment of the Rocky Mountain Piedmont before heading east and exiting to the High Plains near Greeley. From Greeley, the river flows to the northeast, exiting Colorado in the northeastern corner of the state and converging with the North Platte River in west - central Nebraska. The Platte River continues on an easterly course across Nebraska, eventually joining the Missouri River near Omaha. The South Platte River in Colorado has an average daily flow of 1,000 cubic feet/second with occasional peak flows of 20,000 cubic feet/second (EPA 2001). The principal drainage within the Colorado Piedmont is the South Platte River which is located approximately 1.17 miles east of the southern extent of the Project. The other major drainage in proximity to the Project is the St. Vrain Creek with intersects the southeastern extent of the Project between County Road 17 and County Road 10%. 2.2 Climate The climate of the Project area, as is typical of Colorado's eastern plains, is relatively uniform with low humidity, infrequent precipitation, moderate to high winds, and large daily and seasonal temperature fluctuations. Summers are generally hot and winters cold. Precipitation is generally low; much of the area experiences frequent droughts. However, summer thunderstorms can be intense, with as much as 4 inches of rain occurring in just a few hours. The Project Area's distance from major moisture sources (the Pacific Ocean and Gulf of Mexico) leads to low precipitation totals throughout the year. The rain shadow of the Rocky Mountains to the west limits the moisture derived from the dominant westerly wind movements, while winds from the north likewise carry little moisture. Most precipitation occurs as a result of the movement of moisture -laden southerly winds from the Gulf of Mexico with accumulations generally concentrated in the mid/late spring and summer months (Doesken et al. 2003). At Longmont, Colorado, approximately 11.35 miles southwest of the western extent of the Project, an average of 13.3 inches of precipitation is received annually. Violent thunderstorms occur periodically throughout the warmer months of the year. The yearly precipitation is concentrated from April to October, with the minimum levels occurring in November through March (Weatherbase 2018). Cultural Resource Inventory 2-1 Johnstown to St. 'gain Pipeline Project Weld County, Colorado The main influence on temperature within the Project Area is the intensity of solar radiation, but periodic movements of warm and cold air masses are also important. As with precipitation the average daily temperature at the Project Area is relatively homogenous. At Longmont, the average annual temperature is 48 degrees Fahrenheit (° F) with an average high in July of 88° F and an average low in January of 11° F (Weatherbase 2018). 2.3 Geology and Geomorphology The major geologic features in the Project Area are the Front Range Uplift to the west and the Denver— Julesburg Basin to the east. The Denver—Julesburg Basin covers 60,000 square miles in northeastern Colorado, southeastern Wyoming, and western Nebraska (yolk 1972). This asymmetric basin contains 13,000 feet of sedimentary rocks along its axis, which trends from Denver to Torrington, Wyoming. The sedimentary deposits within the Denver-Julesburg Basin range in age from Paleozoic to recent. The Project overlies bedrock formations of Upper Cretaceous and Tertiary age, including the Pierre shale and Laramie formations. These formations consist of sedimentary rocks composed of sandstone, shale, and coal. The towns of Erie, Marshall, Dacono, and Superior, as well as the cities of Lafayette and Louisville, owe their origin to the mining of these formations coal deposits (Murphy 2007). 2.4 Biotic Setting 2.4.1 Flora Native vegetation communities in the Project Area include short- and mid -grass prairie as well as riparian/wetland zones. The short- and mid -grass prairies form the original vegetation communities throughout most of the Project Area. The dominant grass species in these areas generally consist of western wheatgrass (Pascopyrum smithii), crested wheatgrass (Agropyron cristatum), buffalograss (Bouteloua dactyloides), Kentucky bluegrass (Poa pratensis), blue grama grass (Bouteloua gracilis), switchgrass (Panicum virgatum), sixweeks fescue (Vulpia octoflora), needle -and -thread grass (Hesperostipa comata), squirreltail (Hordeum jubatum), and red three -awn (Aristida longiseta). Cheatgrass, (Bromus tectorum) a non-native species, is also common. The prevailing forbs are prairie clover (Dalea spp.) and salsify (Tragopogon spp). Other forbs in the surrounding areas include common sunflower (Helianthus annuus), purple spiderwort (Tradescantia roses), spotted bee balm (Monarda punctata), scarlet globemallow (Sphaeralcea coccinea), Indian blanket (Gaillardia pulchella), tansy mustard (Descurainia pinnata brachycarpa), wine cup (Callirhoe involucrata), greenthread (Thelesperma spp.), and western ragweed (Ambrosia psilostachya). Prickly pear (Opuntia spp.) and pincushion cactus (Mammillaria spp. or Coryphantha spp.), as well as yucca (Yucca spp.), are also present (Mute) and Emerick 1992). In the riparian areas associated with the South Platte River tributaries, the dominant species is the plains cottonwood (Populus deltoids occidentalis), with lesser occurrences of peach -leaved willow (Salix amygdaloides). In association with these trees are shrubs of hawthorn (Crataegus spp.), American plum (Prunus americana), currant (Ribes spp.), snowberry (Symphoricarpos spp.), wild rose (Rosa spp.), and willows (Salix spp.). Grass species include saltgrass (Distichlis spicata) and sand dropseed (Sporobolus cryptandrus). In some areas, riparian communities have expanded because of introduced species that now include box elder (Acer negundo), American elm (Ulmus americana), Russian olive (Elaeagnus 2-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado angustifolia), green ash (Fraxinus pennsylvanica), and Tamarisk or salt cedar (Tamarix spp.) (Mute) and Emerick 1992). 2.4.2 Fauna Wildlife species that may be present within the Project Area are typical of those found in the short- and mid - grass prairies and riparian zones of the Colorado plains. Big game species in this region include pronghorn antelope (Antilocapra americana), mule deer (Odocoileus hemionus), and white-tailed deer (Odocoileus virginianus). Pronghorn antelope inhabit grasslands and shrublands in flat to rolling topography, forage on shrubby► plants, and band together in large herds during the winter months (Wood 1967). Abundant mule deer are also found in this region, but tend to reside among the shrublands along rough, broken terrain where forage and protective cover are plentiful. White-tailed deer tend to occupy riparian zones and nearby croplands where they feed on forbs, grasses, and cultivated crops (Fitzgerald et al. 1994). Small mammal species include desert cottontail (Sylvilagus audubonii), black -tailed jack rabbit (Lepus californicus), white- tailed jack rabbit (Lepus townsendii), black -tailed prairie dog (Cynomys ludovicianus), thirteen -lined ground squirrel (Ictidomys tridecemlineatus), plains pocket gopher (Geomys bursarius), plains pocket mouse (Perognathus flavescens), Preble's meadow jumping mouse (Zapus hudsonius preblei), beaver (Castor spp.), spotted skunk (Spilogale putorius), striped skunk (Mephitis sp.), porcupine (Erethizontidae spp.), raccoon (Procyon lotor), badger (Arctonyx spp.), coyote (Canis latrans), red fox (Vulpes vulpes), swift fox (Vulpes velox), and black -footed ferret (Mustela nigripes) (Burt and Grossenheider 1976). Bison were once abundant in this region, but they were exterminated in the late 19th century (Gilbert 1980:150). Waterfowl species commonly inhabit and/or use the lakes, ponds, and creeks in this region. These waterfowl species consist of northern shoveler (Anas clypeata), northern pintail (Anas acuta), green -winged teal (Anas carolinensis), mallard (Anas platyrhynchos), and Canada goose (Branta canadensis). Potential migrants and winter residents include ruddy duck (Oxyura jamaicensis), American widgeon (Anas americana), bufflehead (Bucephala albeola), and gadwall (Anas strepera). Upland game birds include the lesser prairie chicken (Tympanuchus pallidicinctus), sharp -tailed grouse (Tympanuchus phasianellus), scaled quail (Callipepla squamata), mourning dove (Zenaida macroura), ring-necked pheasant (Phasianus colchicus), northern bobwhite (Colinus virginianus), and Rio Grande turkey (Meleagris gallopavo intermedia) (Peterson 1990). Non -game birds in the region include raptors, wading and shore birds, and passerines. Raptors potentially occurring in the Project Area consist of bald eagle (Haliaeetus leucocephalus), golden eagle (Aquila chrysaetos), red-tailed hawk (Buteo jamaicensis), Swainson's hawk (Buteo swainsoni), ferruginous hawk (Buteo regalis), American kestrel (Falco sparverius), prairie falcon (Falco mexicanus), northern harrier (Circus cyaneus), and turkey vulture (Cathartes aura). Several species of owl, including burrowing owl (Athene cunicularia), barn owl (Tyto alba), great -horned owl (Bubo virginianus), and short -eared owl (Asio flammeus) are also prevalent in the region (Peterson 1990). Wading and shore birds are present along the major drainages and water bodies and consist of black -crowned night heron (Nycticorax sp.), great blue heron (Arden herodias), killdeer (Charadrius vociferus), whooping crane (Grus americana), western snowy plover (Charadrius nivosus), piping plover (Charadrius melodus), mountain plover (Charadrius montanus), long -billed curlew (Numenius americanus), and least tern (Sternula antillarum). Significant passerine Cultural Resource Inventory 2-3 Johnstown to St. Vain Pipeline Project Weld County, Colorado species include horned lark (Eremophila alpestris), lark bunting (Calamospiza melanocorys), meadowlark (Sturnella sp.), and various sparrows (Passer spp.) (Andrews and Righter 1992; Brown 1989a). Common amphibian and reptile species in the region include tiger salamander (Ambystoma tigrinum), Woodhouse's toad (Bufo woodhousii), northern leopard frog (Rana pipiens), northern cricket frog (Acris crepitans), painted turtle (Chrysemys pieta), ornate box turtle (Terrapene ornata ornata), yellow mud turtle (Kinosternon flavescens), short -horned lizard (Phrynosoma hernandesi), prairie lizard (Sceloporus undulatus), bullsnake (Pituophis catenifer sayi), red racer (Coluber flagellum piceus), plains garter snake (Thamnophis radix), and western rattlesnake (Crotalus viridis) (Brown 1989b; Hammerson 1999; Shaw and Campbell 1974). 2-4 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 3. Cultural -Historical Context The following section is a brief introduction to the prehistory and history of the Project Area in context of the greater Platte River Basin (Region). The most recent and comprehensive prehistoric context for the Region that encompasses the Project Area is Colorado Prehistory: A Context for the Platte River Basin (Gilmore et al. 1999). 3.1 Prehistoric Narrative The Region, which includes more than 25 percent of the northeastern portion of the state of Colorado, is bordered by the Continental Divide to the west; the Colorado -Wyoming -Nebraska border to the north; the Colorado -Nebraska -Kansas border to the east; and the Palmer Divide, which separates the Platte River Basin from the Arkansas River Basin, to the south (Gilmore et al. 1999:1). Prehistoric cultures are known to have inhabited the Platte River Basin for as long as 13,000 years. The cultural periods have been divided into several temporal units based on variability in observed technological and subsistence attributes. These temporal units are described individually below. 3.1.1 Paleoindian Stage The Paleoindian Stage in Colorado dates from 12,000 to 7,500 before present (B.P.) and is typically associated with the hunting of megafauna that became extinct during the terminal phase of the late Pleistocene or in the early Holocene (Gilmore et al. 1999:3). These animals consisted of proboscideans (Mammuthus spp.), certain species of now extinct bison (Bison antiquus), and other large game species that included camel (Camelops spp.), horse (Equus spp.), mountain sheep (Ovis spp.), elk (Cervus spp.), and deer (Odocoileus spp.) (Gilmore et al. 1999:5). Paleoindian bands were highly mobile hunter and gatherers, and their food economy was based on the availability of big game that ranged across the landscape (Simms 2008:133). The archaeological evidence for the Paleoindian period is closely tied to the associated hunting tools utilized throughout the tradition, namely the distinctive fluted spear point variations. In Colorado, the Paleoindian Stage is subdivided based on changes in distinctive spear point technology and associated with direct or relative dating of sites. Much of the information about the Paleoindian Stage in the Region comes from data collected during excavation at kill sites and game processing sites. The Paleoindian Stage in the Region is divided into three traditions, or sub -periods: These sub -periods include the Clovis (12,000-11,000 B.P.), Folsom (11,000-10,000 B.P.), and the Plano (10,000-7500 B.P.) periods (Gilmore et al. 1999:51). 3.1.1.1 Clovis Sub -period The Clovis sub -period dates from 12,000 to 11,000 B.P., during which time the climate was wetter and cooler than it is today (Gilmore et al. 1999:51-57). Clovis inhabitants of the Region existed in small mobile bands and hunted mammoth, other now -extinct Pleistocene fauna, and many smaller species, utilizing riverine and lacustrine environments. The archaeological hallmark of the Clovis sub -period is the Clovis projectile point: a large, lanceolate, basally fluted projectile point (Justice 2002:67; Gilmore et al. 1999:51; Zier and Kalasz 1999:69). Clovis points vary from 3 to 6 inches in length, typically contain basal grinding, Cultural Resource Inventory 3-1 Johnstown to St. 'gain Pipeline Project Weld County, Colorado are basally concave, have parallel or slightly convex edges, are leaf shaped, and are partially fluted at the hafting element of the base (Gilmore et al. 1999:57). 3.'1.1.2 Folsom Sub -period The Folsom sub -period dates from 11,000 to 10,000 B.P. when the climatic shifts that began in the Clovis sub -period continued, resulting in overall warming but also increased seasonality featuring warmer summers and, perhaps, colder winters (Gilmore et al. 1999:64). Conditions, in general, were cooler than those of the present day but began to approach modern levels by the end of the sub -period. A process of Pleistocene megafaunal extinction that began in Clovis times was largely complete by the end of the Folsom sub -period and, while overall mammal species diversity was reduced, the ranges of certain grassland - adapted species such as bison, elk, moose, deer, and antelope, increased significantly (Yohe and Woods 2002; Simms 2008; Zier and Kalasz 1999:87). Folsom -age demographics were like those of the Clovis period, with small bands of hunter -gatherers exploiting well -watered areas in an increasingly arid environment. Folsom sites are often associated with small-scale kills (up to 25 animals) of a now extinct form of bison, but an array of smaller mammal forms was exploited as well. Folsom projectile points are smaller than Clovis, but they exhibit fluting along nearly the entire length of the blade on both faces (Gilmore et al. 1999:51). Folsom toolkits are highly diverse and display a range of both formal and expedient forms and, like Clovis, show a preference for high -quality lithic materials from widely distributed sources. 3.'1.1.3 Plano Sub -period The Plano sub -period (10,000 to 7500 B.P.) is well represented on the Colorado portion of the High Plains in the form of surface and subsurface finds consisting of a variety of unfluted lanceolate projectile points (Zier and Kalasz 1999:94; Gilmore et al. 1999:69). During the Plano sub -period, the High Plains evolved into a land of semi -arid to arid short -grass prairie containing deciduous woodlands along principal streams. Bison continued to diminish in size but increased in absolute numbers and roamed an expanded range as grasslands proliferated. Human occupants of the region responded to Plano environmental conditions by becoming highly specialized bison hunters, developing communal hunting techniques that, at times, resulted in the killing of 200 or more animals in a single event (Zier and Kalasz 1999:94; Gilmore et al. 1999:69). The Plano sub -period is characterized by a series of temporally and geographically overlapping projectile point traditions and, while a good deal of morphological variability is apparent in Plano assemblages, points continue to be generally large and well made, often from high quality, non -local materials (Gilmore et al. 1999:51). Lithic assemblages generally appear as an outgrowth of Folsom industries, but with even greater morphological and perhaps functional variability. Bone tools figure prominently into Plano artifact assemblages but are largely expedient in nature (Zier and Kalasz 1999:94). Piano sub -period artifacts have been located throughout the Colorado portion of the High Plains and are typically associated with the hunting of extinct bison and modern bison (Bison bison) (Zier and Kalasz 1999:94). 3.12 Archaic Stage The Archaic Stage (approximately 7500 to 2000 B.P.) is broadly associated with the Altithermal climatic event (Bently 1983), an approximately 4,000 -year -long period of relatively hot and arid conditions over the Western United States that necessitated a change in hunting and gathering patterns (Gilmore et al. 1999:91). Subsistence practices shifted to foraging for plant resources and small game hunting (Gilmore et at 1999:5). 3-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado The Archaic Stage dates from 7500 to 2000 B.P. and is subdivided into the Early, Middle, and Late Archaic. It is differentiated from the Paleoindian in terms of technology and subsistence practices. Projectile point forms in the Archaic Stage changed substantially from the larger Paleoindian forms as flake tool technology began shifting towards stemmed and notched projectile point styles (Gilmore et al. 1999:94). 3.1.2.1 Early Archaic The Early Archaic dates from 7800 to 5000 B.P. and marks the transition from the Plano to Archaic technology, with substantial changes in subsistence and material culture (Gilmore et al. 1999). The climate during the Middle Holocene experienced more extreme variability between cooler and warmer periods than present day, as well as possible torrential storms during the summer months. The Early Archaic is characterized by the manufacturing of lanceolate and large, corner -notched projectile points developed for use with the atlatl (Gilmore et al. 1999:94). Gilmore et al. (1999:102-103) indicates that few known Early Archaic sites exist in the Region. Most sites have been found along hogbacks and foothills at higher elevations, suggesting a migration to cooler areas during the Altithermal climatic event. 3.1.2.2 Middle Archaic The Middle Archaic dates from 5000 to 3000 B.P., when climatic conditions during the early Neoglacial episode are believed to have been more mesic, with wetter and cooler conditions prevailing. Conditions were similar to those of the present day and modern flora and fauna were present in the area as evidenced by assemblages from archaeological sites. The climate does not appear to have been static, however. Geomorphic evidence indicates that episodes of sand dune activation and dormancy occurred throughout the Middle Archaic and well into the Late Archaic, suggesting that fluctuations in effective moisture occurred (Gilmore et al. 1999). The Middle Archaic is characterized by increased variability in projectile point styles that include lanceolate and stemmed -indented projectile points, as well as side- and corner -notched points most likely used for hunting bison and other ungulates (Gilmore et al. 1999:5; Zier and Kalasz 1999). In addition to varying projectile point types, Middle Archaic sites often contain groundstone implements, suggesting a reliance on more plant -based foods. The Middle Archaic is represented in the Region along the mountains, foothills, and plains landscapes, suggesting that groups traveled between the mountains and plains. Middle Archaic peoples appear to have hunted and foraged in the mountains during the summer and fall months, and returned to base camps in the hogbacks, foothills, and eastern plains during the winter months (Gilmore et al. 1999:118). Several Middle Archaic sites have been recorded on the plains, but site density appears lower in the mountainous regions (Gilmore et al. 1999:118 and 134). 3.1.2.3 Late Archaic The Late Archaic dates from 3000 to 1800 B.P. and is characterized by changes in material culture that include the introduction of the bow and arrow and ceramics. Late Archaic sites in the South Platte River drainage area are similar to those of the Middle Archaic but occur more frequently and are apparently more widely distributed based on both absolute dating and the presence of diagnostic artifacts (Gilmore et al. 1999:134). Cultural Resource Inventory 3-3 Johnstown to St. 'gain Pipeline Project Weld County, Colorado The climate during the latter half of the Neoglacial episode experienced a return to Pleistocene -like conditions except with modern flora and fauna. The winter months were wetter and the summers were cooler (Simms 2008). The presence of groundstone and a variety of stone tools persisted into the Late Archaic, while projectile point morphology tended towards large, side- and corner -notched points, many of which had serrated edges (Gilmore et al. 1999:95). Hunting was still the primary means of subsistence, but strategies changed to incorporate buffalo jumps, game drives, and a heavier reliance on smaller game and fish to support the needs of increasing populations. 3.12 Late Prehistoric Stage The Late Prehistoric Stage (1800 B.P. to Anno Domini [A.D.] 1540) is characterized by the increased production of bow and arrow type projectile points, bulk food procurement, expansive material trade, and continued ceramic development. The climate during the Medieval Warm Period consisted of a slow warming period until A.D. 900. This was followed by a rapid warming period with summer rainfall. By A.D. 1000 the climate experienced decades of severe drought followed by abundant precipitation (Simms 2008:77). Lithic technology progressed from the production of dart -style points made from quarried materials to arrow -style points and other flake tools made from locally available raw material. Plant processing became more abundant and spread across a wider area. The Late Prehistoric Stage in the Region is divided into two periods: the Early Ceramic period and the Middle Ceramic period (Gilmore et al. 1999:3). New technologies flourished in the Late Prehistoric, including the continuing development of pottery and the bow and arrow. Small side- and corner -notched points are used to differentiate the Late Prehistoric from other periods and are more common in artifact assemblages in the Region than are ceramics (Gilmore et al. 1999:175). The Early Ceramic period (A.D. 150 to 1150) features cord -marked pottery and corner -notched projectile points (Gilmore et al. 1999:5). Campsites were more common during the Early Ceramic period and, based on evidence found at sites, seem to have been occupied for longer amounts of time than in preceding periods. They may have been repeatedly occupied (Gilmore et al. 1999:179). There are considerably more Early Ceramic sites in the Region than sites of any previous period, with a large number of these sites having absolute dates (Gilmore et al. 1999:179). The Middle Ceramic period (A.D. 1150 to 1540) is characterized by smoothed, cord -marked pottery and triangular projectile points (Gilmore et al. 1999:5). Many Middle Ceramic sites also have Early Ceramic components (Gilmore et al. 1999:245). 3.1.4 Protohistoric Stage The Protohistoric period dates from approximately A.D. 1540 until Euro-American occupation and settlement in the area and subsequent relocation of Native Americans onto reservations in the late 1800s (Gilmore et al. 1999:5, 309). The Protohistoric period is characterized by a major shift in Native American technology and subsistence practices, as well as dramatic changes in demographics. The arrival of Europeans on the North American continent changed many aspects of Native American life. Subsistence technologies shifted as firearms became available and metal and glass implements were introduced for food gathering, storage, and cooking (West 1998). A shift in environmental conditions also occurred during this time. A long drought ended and climate conditions on the high plains became more hospitable and 3-4 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado similar to those of today (Gilmore et al. 1999:309). Perhaps the greatest changes observed in Native American populations during the Protohistoric period involved a dramatic reduction in their numbers caused by the introduction of European diseases and increased competition for resources between Native American groups and new Euro-American settlers (West 1998). Several tribes inhabited the Region during this time including the Cheyenne, Arapaho, Shoshoni, Comanche, Kiowas, Apache, and Ute (Gilmore et al. 1999:310). When the Platte River Basin context was described by Gilmore in 1999, more than 130 Protohistoric sites had been identified in the Region (Gilmore et al. 1999:310-311). Protohistoric sites are predominantly open camps and lithic scatters, but other site types include peeled trees, architectural sites, sheltered camps, sheltered lithic scatters, rock art, battle locations, and trails. Apache sites were common during the Protohistoric (especially on the eastern plains), and diagnostic features and artifacts include shallow pithouses, bison scapula hoes, snub-nosed end scrapers, and distinctive ceramics (Gilmore et al. 1999:311-313). In the mountains, the Ute were the predominant tribe. Ute sites are often identified by the presence of Uncompahgre Brown -ware ceramics, Cottonwood Triangular projectile points, Desert Side -notched points, and features like wickiups and peeled trees (Gilmore et al. 1999:323). During the Protohistoric period, the acquisition of the horse changed subsistence patterns from localized pedestrian hunting and gathering to long-distance hunting on horseback. Bison hunting and some horticulture were the primary means of subsistence (Gilmore et al. 1999:313; Zier and Kalasz 1999:257). 322 Historic Narrative 3.21 Early Exploration and Conquest The first non -Native visitors to the Region consisted of French and Spanish trappers and traders who arrived in the area as early as the late 17th century. Although the Spanish had made incursions into the Kansas plains as early as the 1540s, it was more than 150 years before the European presence on the plains became commonplace. The French began exploring North America's interior from both the north and south via the Mississippi and Missouri river drainages beginning in the early years of the 18th century (Creigh 1977:21). French influence began to decline after the signing of the Treaty of Paris in 1763 and the French, by the time of the Louisiana Purchase in 1803, had all but disappeared from the plains. The focus of western exploration and commerce during the early 1800s began with the Lewis and Clark Expedition of 1803-1806 as the explorers made their way west along the Missouri River. Soon after, French trappers arrived to trap beaver along the western rivers and tributaries. By the early 1820s, trappers working for the Rocky Mountain Fur Company traveled along the Sweetwater and Platte rivers in Wyoming and N ebraska along what was soon to become the Oregon Trail (Hafen and Young 1938:21). Shortly thereafter, a military expedition led by Major Stephen H. Long traversed the South Platte River to the Rocky Mountains (Gregg 1954). Trading posts and military outposts were established in the vicinity to facilitate the fur trade. These forts included Fort William in southeastern Wyoming, Fort Robinson and Fort Sidney in western N ebraska, and Fort Saint Vrain, Fort Vasquez, and Fort Sedgewick in northeastern Colorado. All of these frontier outposts were located along major drainages and established transportation routes. From 1820 until the early 1840s, the military conducted routine patrols in the area to manage ongoing encounters with N ative Americans tribes that were beginning to make a stand against the encroaching Euro-Americans. Cultural Resource Inventory 3-5 Johnstown to St. 'gain Pipeline Project Weld County, Colorado 3.2.2 Trails and Transportation By the late 1840s, Euro-American emigration began to increase throughout the Region and adjacent areas as thousands of settlers used wagons to traverse the Platte River valley as a means to reach Utah, California, and Oregon. Eventually more than 500,000 would-be settlers traveled over the Oregon, Overland, and Mormon trails to western states, accompanied by more than 1.5 million animals (Madsen 1980:27; Creigh 1977:33). A large group of these settlers came west to seek California gold during 1848 and 1849, religious freedom in Utah (which began in 1847), or permanent settlements in Oregon while electing to merely pass through the Plains and settle elsewhere. Denver was founded in 1858 and quickly became the regional economic hub. It was not until the 1860s and 1870s that the area encompassing the greater portion of the present Project Area was actively settled by Euro-Americans. Other significant historic routes in the Region include the course of the Spanish Villasur Expedition (ca. 1720); the route used by Long's 1820 exploration party; the Platte River Trail (ca. 1840s to 1900); and the Overland Trail and Stage Route, which was established in the 1850s (Mehls 1984). The Overland Stage Line Company established a series of stage stations or ranches bordering the south bank of the South Platte River between Old Julesburg and Denver (Scott and Shwayder 1993). The development of the Transcontinental Railroad across the Great Plains eventually superseded the need for the emigrant and freight trails. The transcontinental railroad crossed the Great Plains through Nebraska and Wyoming in 1868 and was completed the following year as the Central Pacific Railroad and Union Pacific Railroad companies met at Promontory Point, Utah, north of the Great Salt Lake (Ambrose 2000). Within a few years additional connecting lines were constructed to Denver and other communities in northeastern Colorado. 12.3 Homesteading and Agricultural Settlement By the early 1860s homesteading, farming, and ranching took over as the principal economic themes of the Region (Gregg 1954). Agricultural settlement in the Region began to escalate by the mid -to -late 1860s. Carrillo (1990; see also Carrillo et al. 1989) has identified three phases of historic agricultural settlement for the Region: the Early Settlement phase (1867-1890), the Middle Settlement phase (1891-1915), and the Late Settlement phase (1916-1930). Carrillo's phases coincide chronologically with the U.S. Homesteading Acts. Mehls (1984) and Mehls [n.d.]D, in specific reference to Weld County, Colorado, have also identified three homesteading periods with somewhat different dates: Frontier period (1870-1900), Land Boom period (1900-1920), and Depression period (1920-1939). However, Carrillo's phases will be used for this discussion. The Early Settlement phase (1867-1890) consists of a vast number of settlers moving into the area, generally in response to the Homestead Act of 1862, under which 160 -acre plots of land could be acquired and patented if specified improvements were made within an allotted time. Many of the settlers in the Region were Euro-Americans migrating from the eastern and southern states, as well as Europeans from various countries. During the 1880s and 1890s dryland farming techniques were implemented across the region to combat an extended drought. Large-scale cattle ranchers exploited the vast grasslands, running herds across the open plains prior to the end of the open range period around 1895 (Mehls 1984). 3-6 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado The Middle Settlement phase (1691-1915) witnessed the failure of many of the homesteads from the preceding phase and resulted in the consolidation and redistribution of land holdings. During this phase, the development of agricultural ditches and large irrigation canals in the South Platte River Valley was paramount to maintaining the land allotments. Changes in the beef and sheep industries occurred around 1900, resulting in the fencing of pasture land, development of feed lots, and an increase in rail transport. The Late Settlement phase (1916-1930) consists of an influx of settlers in response to the Enlarged Homestead Act of 1909 and the Stock Raising Homestead Act of 1916, both of which permitted claims on parcels of up to 640 acres. During the 1920s, the Late Settlement phase witnessed the devastating results of a massive drought and the effects of the Dust Bowl. The Great Depression followed the drought and Dust Bowl during the early 1930s, compounding the economic difficulties in the region. The vast majority of those who had homesteaded in the region during the Late Settlement phase failed sometime in the early 1930s as a result of these conditions. Many of the homesteaded parcels reverted to government ownership, while others were bought out by more successful neighbors. Agriculture continues to be the economic mainstay of the Region and includes rearing livestock and raising crops. Other economic development in the Region includes gas and oil exploration, grain storage and transport, meat processing, and fertilizer production and distribution. However, the Project Area includes both agricultural and developed urban areas that are highly influenced by other economic sectors. 3.2.4 Irrigation Ditches along the Northern Front Range The information in this section was derived from the online website used with permission from Anne Dyni, author of "Pioneer Voices of Boulder County", published by the Boulder County Open Space Department (Dyni 2010). The means to irrigate farmland within the northern Front Range region was initiated as early as 1859 via a series of ditches. The diversion of water from local snowmelt-fed streams and rivers assured farmers of good crops. The meadows and lowlands were systematically irrigated first due to the relative ease of constructing a dam across a stream and diverting the water to adjacent lands, requiring little or no ditching. The implementation of the ditch systems allowed the farmers to utilize land further from the streams. The ditches were typically constructed by using teams of oxen or horses pulling plows or ditchers (V-shaped chisels that cut deep trenches in the soil) to the desired locations in need of irrigation. Many of the earliest ditches in the region, such as the Holland Ditch in Boulder County, were dug with a team of horses and walking plow. The ditches were designed to allow the water to flow evenly across the entire field without eroding the topsoil. The plow blades were set at different heights to allow the proper drainage pitch. The common drainage pitch consisted of 1 -inch elevation loss per 20 feet of ditch length. Cultural Resource Inventory 3-7 Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 3-8 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 4. Statement of Objectives The goals of this cultural resource study were to identify cultural resources likely to be present and possibly affected by the Project, evaluate the cultural resources for their NRHP status, and make management recommendations for those cultural resources in relation to the Project. To achieve these goals, seven tasks were undertaken, which are as follows: 1. Conduct a site file search of the OAH P database to determine whether previous inventories have been performed in or near the Project Research Area (the area within 1 mile of the area of potential effect [APE]}, and whether previously recorded cultural resources are present in the Research Area. Review historic maps and GLO records to look for possible historic features found in the Research Area. 2. Conduct a cultural resource inventory of the Project APE and identify sites. 3. Record all present cultural resources within the APE. Recordation to include global positioning system (G PS) coordinates, site sketch map, photographs, and site descriptions. 4. Complete OAHP site forms for all observed cultural resources within the APE. 5. Evaluate all recorded cultural resources within the APE. 6. Make appropriate management recommendations for all recorded cultural resources. 7. Prepare a report of the results of the inventory and submit to the lead agency with the understanding that the lead agency will submit to the OAHP. 4.1 Expected Results Expectations of site frequency and types within the APE estimated approximately one site per every 1 mile, with sites consisting of small prehistoric lithic scatters along the drainages and creeks, and historic irrigation, agricultural, transportation, or settlement structure sites. Much of the APE has been subjected to decades of agricultural practices and more recently by gas and oil development and has been greatly disturbed. Cultural Resource Inventory 4-1 Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 4-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 5. Methodology 5.1 Desktop Research Methods Tetra Tech conducted a site file search through OAHP Colorado Cultural Resource On-line Database (Compass) on August 31, 2018, for the Research Area (the area within 1 mile of the pipeline alignment). The Compass database includes records of all archaeological investigations that have been conducted and all cultural resources (prehistoric and historic archaeological sites) that have been previously recorded. Tetra Tech also reviewed the historic GLO records and the Glenn R. Scott trails maps to determine whether vestiges of trails, transportation routes, homesteads, or other resources may be present in the Research Area. 5.2 Field Methods The Survey Area consists of a contiguous 7.47 -mile -long by 150 -foot -wide corridor centered along the pipeline alignment as depicted in the GIS data provided by Anadarko. Three archaeologists conducted the survey by walking the length of the 150 -foot -wide APE in one transect, spaced approximately 15 meters apart. Ground visibility was approximately 40 to 70 percent throughout the majority of the APE. The locations of the cultural resources were recorded using a hand-held 2008 Series Trimble XT GPS unit. Universal Transverse Mercator coordinates are used to indicate site locations and are based on the 1983 North American Datum. A sketch map was digitized for the sites and G PS coordinates of the site boundaries were recorded. The resources were documented using the Colorado Historic Society/OAHP site forms. Digital color photographs were taken of the resources and are included in Chapter 6 and the OAHP site forms. No artifacts were collected. For the purposes of this survey, and in accordance with the Colorado Historic Society/OAHP guidelines (OAHP 2007), Tetra Tech used the following definitions for sites: (1) a concentration of prehistoric artifacts of five or more items, (2) a concentration of 50 or more items from the same historic artifact or event (e.g. a broken bottle), or (3) a feature with associated artifacts, regardless of number. All items outside these definitions would have been recorded as isolated finds. 5.3 Site Evaluation Criteria Sites investigated during this inventory were evaluated for eligibility for listing on the NRH P. Those eligibility significance criteria are codified in the Code of Federal Regulations (36 CFR 60.4) and are specified below. The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects that possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and: a. that are associated with events that have made a significant contribution to the broad patterns of our history; or b. that are associated with the lives of persons significant in the past; or Cultural Resource Inventory 5-3 Johnstown to St. 'gain Pipeline Project Weld County, Colorado c. that embody the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possess high artistic value, or that represent a significant or distinguishable entity whose components may lack individual distinction; or d. that have yielded, or are likely to yield, information important in prehistory or history. Ordinarily, cemeteries, birthplaces, or graves of historical figures; property owned by religious institutions or used for religious purposes; structures that have been removed from their original location; reconstructed historic buildings; properties that are primarily commemorative in nature; and properties that have achieved significance within the last 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria, or if they fall within the following categories: a. a religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. a building or structure removed from its original location, but which is significant primarily for its architecture, or which is the surviving structure most importantly associated with an historic person or event; or c. a birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or d. a cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no building or structure with the same association has survived; or f. a property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or g. a property achieving significance within the past 50 years if it is of exceptional importance. The cultural resources were evaluated based on the criteria listed above. Eligible sites are those that display one or more of the criteria for eligibility. In addition, sites evaluated as eligible must retain physical integrity►. Eroded or otherwise heavily disturbed sites are generally not considered eligible. Sites evaluated as needing data are those sites that may conform to the eligibility criteria but require further work to determine NRHP status. In most cases, these sites are prehistoric or historic sites with suspected buried materials or historic sites where additional research is necessary to determine historical importance. Sites that are evaluated as not eligible do not meet any of the eligibility criteria and/or have lost physical integrity. 5-4 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 6. Results 6.11 Desktop Research The desktop research revealed that 10 prior investigations have been undertaken within the Research Area (Table 6-1). The previous investigations primarily consist of intensive surveys for pipeline, road maintenance, transmission line, and private lands projects. Table 6-1: Previously Conducted Surveys within the Research Area. Date Report Number Author(s) Report Title 1998 MC.E.R28 Carl Spath K.N. Wattenberg Counties, Transmission, Colorado Cultural L.L.C. Front Resource Inventory Runner Pipeline, Report Adams and Weld #6 1988 WL.CH.R6 Daniel T. Baugh Jepson and Susan Archaeological Johnstown, Survey County Road 15 Along Weld County (BRO 0003(5)) the Little Thompson River South of 1989 WL.E.R1 Brian O'Neil Public Service Line Weld Company County, Colorado of Colorado Ault to Fort St. Vrain 230kV Transmission 1998 WL.ER10 Dulaney Barclay Michael D. Metcalf and Colorado Cultural Interstate Resources, Gas Company's Weld County, Front Colorado Range Pipeline Intensive Inventory for 2004 WL.E,R24 Jennie Borresen Lee A Fort Staging Class St. III Vrain Area Cultural Lateral and Resource Inventory Pipeline, Weld 12 Inch Launcher County, Sites for the Proposed Colorado Addendum El Paso Inventory 1 Corporation of Proposed CIG 2009 WL.SC.NR33 Don Grafts Weld County Mark Schell Limited Results Cultural (NRCS #748B050915X) Resources Survey Report of Private Lands - 2008 WL.SC.NR38 Don Grafts Weld Robert County Limited Schlagel (NRCS Results Cultural #748805081 Resources Survey Report UC) of Private Lands - 2008 WL.SC.NR39 Don Grafts Weld Phillip County Limited Camenisch (NRCS Results #748805081 Cultural Resources Survey Report R8) of Private Lands - 2008 WL.SC.NR40 Don Grafts Weld Berry County Limited Farms, LLC Results Cultural (NRCS #748805081 Resources Survey Report of Private RA) Lands - 2011 WL.SC.NR61 Thomas H. Ebert Weld Lands-Hergert County Limited Farms, Results LLC Cultural Resources Survey Report on Private The Compass database identified six cultural resources (structures, archaeological sites, and isolated finds) within the Research Area that have been previously recorded. Of the six previously recorded resources, five are historic sites and one is a prehistoric site. The site information is summarized in Table 6-2. The five historic sites consist of a railroad segment (5WL.841), two railroad sidings (5WL.860 and 5WL.861), a railroad bridge (5WL.1317.3), and a homestead (5WL.4806). The prehistoric site (5W L.1263) consists of an open camp. Of the five historic sites located within the Research Area, two sites (5WL.841 and 5WL.1317.3) are determined "Eligible -Officially", two sites (5WL.860 and 5WL.861) have not been evaluated for NRHP eligibility, and site 5WL.4806 has been determined "Not Eligible -Officially". The prehistoric site (5W L.1263) has been determined "Not Eligible -Officially". Cultural Resource Inventory 6-1 Johnstown to St. 'rain Pipeline Project Weld County, Colorado Table 6-2: Previously Recorded Cultural Resources within the Research Area. Site Number Time Period Site Type NRHP Eligibility 5WL.841 Historic Great Western Railroad Eligible -Officially 5WL.860 Historic Great Western Railroad-Bunyan Siding Unevaluated 5WL.861 Historic Great Western Railroad -Walker Siding Unevaluated 5WL.1263 Prehistoric Open Camp Not Eligible -Officially 5WL.1317.3 Historic Union Pacific Railroad Bridge 37,32 Eligible -Officially 5WL.4806 Historic Elisha Lines Homestead Not Eligible- Officially Tetra Tech also conducted a review of the GLO plat maps for Township 3 North, Range 67 West (1863); Township 4 North, Range 67 West (1863); Township 4 North, Range 68 West (1864); Township 3 North, Range 68 West (1864); the National Park Service's National Historic Trails Map; and the Glenn R. Scott and Carol Rein Shwayder Historic Trail Map of the Greeley 1° x 2° Quadrangle, Colorado and Wyoming (1993) maps of the Research Area. The results of the GLO plat search are listed in Table 6-3. Table 6-3: Potential Cultural Resources Depicted on GLO Plats within the Research Area Potential Resource Plat Date Township and Range Section Northeast to Southwest Trending Fence 1863 T3N, R67W 9 S'E%% and 10 NW% Northeast to Southwest Trending Road 1863 T3N, R67W 9 SE% and 10 NW% North to South Trending Road 1863 T3N, R67W 10 E% North to South Trending Road 1863 T3N, R67W 16 E'4 North to South Trending Road 1864 T4N, R68W 13 W% North to South Trending Road 1864 T4N, R68W 24 W% North to South Trending Road 1864 T4N, R68W 25 W% North to South Trending Road 1864 T4N, R68W 36 NW%/4 6.2 New Cultural Resources Recorded During the Pedestrian Survey The pedestrian survey of the APE consisted of a 7.47 -mile -long by 150 -feet -wide (272.5 acres) pipeline corridor located on privately owned lands in Weld County that are subject to a Use by Special Review Application permit. Six new cultural resources were identified and documented during the pedestrian survey. 6.2.1 Site 5WL.1317.26 Union Pacific Railroad-D►ent Branch Description: Site 5WL.1317.26 is located among an agricultural setting approximately 0.2 miles west of County Road 19 and approximately 0.45 miles east of St. Vrain Creek. The site consists of a segment of the Union Pacific Railroad -Dent Branch (Figure 6-1). Several segments of this railroad have been recorded over the years. This segment measures approximately 2.01 miles long by 26 feet wide. A wooden trestle (Feature 1) crosses over an unnamed ditch (5WL.8817.1) approximately 50 feet north of the APE (Figure 6-2). The trestle measures 40 feet long by 8 feet wide and is constructed of wood pylons and railroad ties. The rails are still intact along the segment, but the segment does not appear to be in use. 6-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado Figure 6-1. Overview of the Union Pacific Railroad -Dent Branch (5WL.1317.26). View looking south. Figure 6-2. Overview of Feature 1 Trestle (5WL.1317.26). View looking northeast. Cultural Resource Inventory 6-3 Johnstown to St. 'gain Pipeline Project Weld County, Colorado Evaluation and Management Recommendations: The Union Pacific Railroad -Dent Branch once served as the mainline to service coal mines, farms, and ranches in northern Colorado in addition to the industrial areas between Denver and Thornton. The railroad has been recorded several times over the years and many segments have been determined eligible for the NRH P. This segment, although abandoned, retains much of it physical integrity and still has the rails, ties, and grade intact. The railroad is associated with early transportation of goods to market and played a significant role in the agricultural and economic development of Weld County. This segment is recommended as eligible for the NRHP P under Criteria A, B, and C. Tetra Tech recommends that the site be avoided by the pipeline construction. If avoidance is not feasible at the final design stage of the Project, it is recommended that additional documentation, such as detailed Historic American Buildings Survey/Historic American Engineering Record and archival research of the Union Pacific Railroad -Dent Branch, be conducted in coordination with the landowners, the railway easement managers, and the OAHP. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under the segment. 6.2.2 Site 5WL.3148.4 Farmers Extension Ditch Description: Site 5WL.3148.4 is located among an agricultural setting spanning from Country Road 17 southwesterly to County Road 13 and consists of a segment of the Farmers Independent Ditch. This segment consists of a concrete lined ditch that measures approximately 2.17 miles long by 16 feet wide and varies between 2 to 3 feet deep to the water surface. One modern turnout was noted within the APE. Figure 6-3. Overview of Farmers Extension Ditch (5WL.8148A). View looking west. 6-4 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado Evaluation and Management Recommendations: The Farmers Extension Ditch dates to the mid-2Ot' Century (1948) and is not one of the early irrigation that gave a foothold to irrigation and the subsequent economic development of Weld County. The site was recorded by Mary Painter of Centennial Archaeology, Inc. in 2006 and determined not eligible by the OAHP in 2007. Below is Painter's 2006 NRHP assessment of the site. The lateral appears to be a relatively small ditch that serves a limited area of land. Given its size, the structure has played a very minor role in the development of agriculture in Weld County. In addition. the ditch has no known association with persons significant to history and does not possess unique design characteristics and/or engineering attributes. The Mead Lateral/Farmers Extension Ditch is one of many small irrigation ditches constructed in the region during the late 19th and early 20th centuries that exhibit unremarkable design and limited historical importance. Tetra Tech concurs with the previous recommendation and determination and agrees that the site is not clearly associated with an event (Criterion A) or person (Criterion B) significant to Weld County or our nation's history. It neither embodies the distinctive characteristics of an architectural style or architect nor exhibits high artistic value (Criterion C). The recordation of the site has likely exhausted the data potential of the site (Criterion D). Tetra Tech therefore recommends this site as not eligible for listing on the NRHP, and no further management consideration of the resource is necessary in relation to the Project. 6.2.3 Site 5 WL. 8817. 9 Description: Site 5W L.8817.1 is located among an agricultural setting approximately 0.2 miles northwest of the intersection of County Road 19 and County Road 34. The site consists of an unnamed earthen ditch segment that trends southwesterly between the Union Pacific Railroad -Dent Branch (5WL.1317.26) and St. Vrain Creek. The ditch segment measures approximately 1.53 miles long and is 10 feet wide. Figure 6-4. Overview of site 5WL.8817.1. View looking north. Cultural Resource Inventory 6-5 Johnstown to St. 'gain Pipeline Project Weld County, Colorado Evaluation and Management Recommendations: The site appears on the 1949 and 1950 Gowanda 7.5 -minute quadrangle, but no other information was found pertaining to the ditch. The site consists of a small earthen ditch segment that is not clearly associated with an event (Criterion A) or person (Criterion B) significant to Weld County or our nation's history. It neither embodies the distinctive characteristics of an architectural style or architect nor exhibits high artistic value (Criterion C). The recordation of the site has likely exhausted the data potential of the site (Criterion D). Tetra Tech therefore recommends this site as not eligible for listing on the NRHP, and no further management consideration of the resource is necessary in relation to the Project. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under the segment. 6.2.4 Site 5WL.8818.1 Description: Site 5WL.8818.1 is located among an agricultural setting approximately 75 feet west County Road 15. The site consists of a concrete lined segment of the Erkenbeck Ditch. The ditch segment trends northwesterly between agricultural fields towards the Great Western Railroad (5WL.814). The ditch segment measures approximately 0.72 miles long and is 10 feet wide. Figure 6-5. Overview of site 5WL.8818.1. View looking west. Evaluation and Management Recommendations: The site does not appear on the 1950, 1951, or even the 2016 Johnstown 7.5 -minute quadrangle, and no other information was found pertaining to the ditch. One neighbor estimated the ditch as being constructed between 1889 and 1902, but nothing supports that information. The site consists of a concrete lined ditch segment that is not clearly associated with a person (Criterion B) significant to Weld County or our nation's history. It neither embodies the distinctive characteristics of an architectural style or architect nor exhibits high artistic value (Criterion C). However, 6-6 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado the site may date back to the late 1800s and may have played a significant role in the agricultural and economic development of Weld County during the late 19t" and early 20th Centuries. The site needs additional research to determine whether the site may be eligible for the NRHP under Criterion A. Tetra Tech therefore recommends this site be avoided during the pipeline construction. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under the segment. 5.2.5 Site 5WL.8819 Description: Site 5WL.8819 is located among an agricultural setting approximately 300 feet northwest of the intersection of County Road 34 and the Union Pacific Railroad -Dent Branch and consists of a farmstead containing a barn (Feature 1), corral (Feature 2), and pump house (Feature 3). Feature 1 consists of a "L-shaped" barn constructed of log posts and 2 x 12 milled lumber covered with vertical 1 x 6 milled lumber and horizontal corrugated sheet metal. The barn measures approximately 45 feet long (northwest to southeast) by 35 feet (northeast to southwest) and is approximately 18 feet high to the apex of the gable. The roof consists of a cross gabled roof and is covered with sheet metal (Figure 6-6). Feature 2 consists of a wooden corral constructed of 2 x 12 lumber and 4 -inch round rails attached horizontally to 6 x 6 wood posts (Figure 6-7). The corral measures approximately 385 feet long (northeast to southwest) by 190 feet wide (northwest to southeast). Barbed wire fencing is attached in random places throughout the corral. The corral has one cattle loading chute near the barn. Feature 3 consists of a cinder block pumphouse that measures approximately 5 feet by 5 feet and is 8 feet tall (Figure 6-8). The pumphouse roof consists of a hip roof covered with asphalt shingles and metal flashing. A wooden door is located along the eastern side of the structure. Figure 6-6.Overview of Feature 1 at site 5WL.8819. View looking north. Cultural Resource Inventory 6-7 Johnstown to St. 'gain Pipeline Project Weld County, Colorado Figure 6-7. Overview of Feature 2 at site 5WL.8819. View looking northeast. Figure 6-8. Overview of Feature 3 at site 5WL.8819. View looking west. 6-8 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado Evaluation and Management Recommendations: The Eastern 1/2 of the Southeastern % of Section 9, Township 3 North, Range 67 West was patented to Eliza J. Elliott in 1899. The Western 1/2 of the Southeastern '/� of Section 9, Township 3 North, Range 67 West was patented to John Elliott in 1873. Eliza was born in 1831 and John in 1828, both in Kentucky. They moved to Colorado in 1859, following the gold rush. John started homesteading on the St. Vrain River in 1865 (Koob 1975). John had claimed to have rode with icons such as Kit Carson and Wyatt Earp (Greeley Tribune 2012). Their son Jack became a sheriff, as well as Colorado's first ranch detective and brand inspector (Greeley Tribune 2012; Peters 2013). Another son and a grandson became well known as rodeo cowboys (Greeley Tribune 2012). The homestead eventually went to Jack's son Verne. The property was sold to a cattle company at his death in 1962 (Koob 1975). The site consists of a small farmstead that may be associated with the homesteading event (Criterion A) or person(s) (Criterion B) significant to Weld County or our nation's history. The early homesteading date of 1865 (Criterion A) and the speculation that John rode with such famous frontiersmen (Criterion B) may meet the requirements of the NRHP criteria. However, the structures neither embody the distinctive characteristics of an architectural style or architect nor exhibit high artistic value (Criterion C) and are in a state of decay that suggests that the site lacks much of its aspects of physical integrity. The recordation of the site may likely have exhausted the data potential of the site (Criterion D). Tetra Tech recommends that the structures at this site be avoided pending additional research under Criteria A and B. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under the segment beginning along the eastern edge of site 5WL.1317.26 and extending west of the site. 6.2.6 Site 5WL.8820.1 Description: Site 5WL.8820.1 is located among an agricultural setting approximately 0.35 miles southwest of the intersection of County Road 15 and County Road 42. The site consists of an unnamed earthen ditch segment that trends south and intersects the Great Western Railroad (5W L.841) and the Farmers Extension Ditch (5WL.3148.4). The ditch segment measures approximately 0.78 miles long and is 10 feet wide. Evaluation and Management Recommendations: The ditch segment does not show up on the historic Johnstown 7.5 -minute quadrangle, and no other information was found pertaining to the ditch. The site consists of a small earthen ditch segment that is not clearly associated with an event (Criterion A) or person (Criterion B) significant to Weld County or our nation's history. It neither embodies the distinctive characteristics of an architectural style or architect nor exhibits high artistic value (Criterion C). The recordation of the site has likely exhausted the data potential of the site (Criterion D). Tetra Tech therefore recommends this site as not eligible for listing on the NRHP, and no further management consideration of the resource is necessary in relation to the Project. Cultural Resource Inventory 6-9 Johnstown to St. 'rain Pipeline Project Weld County, Colorado Figure 6-9. Overview of site 5WL.8820.1. View looking east. 6.3 Previously Recorded Cultural Resources Recorded During the Pedestrian Survey One previously recorded cultural resource was identified and re-recorded during the pedestrian survey. 6.3.1 Site 5WL.841 Great Western Railroad Description: The re-recorded segment of site 5WL.841 (Great Western Railroad) trends southwesterly from County Road 15 to just north of County Road 40. This segment measures 0.92 miles long by approximately 20 feet wide. The rails, ties, and grade remain intact, although some of the wooden ties need replacing. Evaluation and Management Recommendations: Thirteen segments of this railroad have been recorded over the years. Various segments of the site have been recommended (1997-1999, 2003, and 2012) as or determined (1989, 2000, 2006, and 2007) eligible for inclusion onto the NRHP. Below is a history of the railroad as written by Lisa Schoch of Colorado Department of Transportation (Site Form 5WL.841.8; 2003). The Great Western Railway was initially built in response to the growing sugar beet industry in northern Colorado. Experimentation with sugar beets in Colorado began as early as 1860, but the first sugar beet factory was not built until 1899 in Grand Junction, Colorado. The industry did not settle in northern Colorado until February 1901, when the Great Western Sugar Company was incorporated. Construction began on the first factory in Loveland that same month and by the fall was completed. Soon thereafter, plants were established in Eaton, Greely, Longmont, Fort Collins, Windsor, Sterling, Fort Morgan and Brush. And by 1905 all of these plants were consolidated under the ownership of the Great Western Sugar Company. As early as 6-10 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 1901, when the first harvest of beets was transported by horse-drawn wagons, the Great Western Sugar Company recognized the need for a railroad to haul sugar beets. The Great Western Railroad Company was incorporated in 1901 and by 1902 the first track was laid from the Loveland plant to then east. The original track was laid in a hook -shaped pattern, extending seven miles east from Loveland and then south and west with the eventual plan of reaching the town of Berthoud. By the end of 1902, 15.7 miles of track were built, and the line reached what was the John Parish's store (later known as Johnstown). This track extended west from Johnstown to a sugar beet collection area or "dump" known as Buda. In 1903, the line extended west to Welty, but the railroad never made it to its original destination of Berthoud. In 1904, a 2.6 -mile length of track was built from Johnstown east to what would become Milliken, and in 1905, a 12.6 -mile branch between Windsor and Eaton was completed. That same year, 12 miles toward Longmont was constructed and in 1906, the six miles to the site of the Great Western factory in Longmont was completed. In 1907, construction was completed between Eaton -Windsor branch and Officer Junction on the Loveland -Johnstown line. By this time, the railroad operated 60 miles of track between four major sugar beet factories in northern Colorado. Between 1909 and 1910, the railroad made connections to other larger railroad lines, including the Union Pacific and the Colorado and Southern. In 1917, the Great Western Railroad Company expanded its existing tracks with the acquisition of 28.2 miles of the bankrupt Denver, Laramie, and Northwestern Railroad that ran south from Milliken to Wattenburg and northeast from Milliken to Elm.; this acquisition expanded the Great Western Railroad's operations to over 86 miles of track. Over the years, several branches were abandoned, including the Boulder Valley to Wattenburg (1919), Maloy to Duke (1939), Wattenburg to Milliken (1947), and Milliken to Letford (1957). Starting in 1904, the Great Western Railroad Company purchased its first locomotive and expanded its services to include passengers. Passenger service peaked in 1919 but began to decline in the early 1920s as road paving and automobile use increased. By 1927, passenger service all but ceased. In the early 1980s, the railroad was still in use as a freight carrier and continued to haul beets for the Great Western Sugar Company. In 1978, the company was sold to Interail, which was a subsidiary of Mid Rail, Inc. a subsidiary of Midland Resources. Eventually, through a series of legal events, the railroad was returned to its original ownership. As of 1990, the rail was still functioning. Sources cited: Jessen (1982 and 1984) Shwayder (1987, 1990, and 1992) The site and associated segments have been previously recommended or determined eligible for the NRHP. Below are some of the previous recommendations. The Great Western Railway has been recommended to be eligible for the NRHP. with SHPO concurrence (1989), because of its role in the development of the region's agriculture during the sugar beet boom of the early 20th century. Because it retains its original agricultural setting and remains structurally in good condition, segment 5WL841.7 is recommended as a contributing portion of the GWR. Metcalf Archaeological Consultant, Inc. 2000 The Great Western Railway short line is an integral part of railroading history in Colorado and is specifically associated with the sugar beet industry in north -central Colorado. For this reason, the overall line is evaluated as eligible to the NRHP. This functioning segment of the historic line has undergone periodic repair and replacement and thus has lost integrity of materials and workmanship. However, the original railroad route has been preserved, and integrity of design, setting, and feeling is strong. Centennial Archaeology, Inc. assesses this segment of the railroad as contributing to the NRHP-Eligible site. Centennial Archaeology, Inc. 1999 This segment of the railroad is eligible to the National Register under Criterion A for its contribution to the development of the sugar beet industry in Northern Colorado in the early decades of the 20th Century. Although the segment in the project area has been altered physically by routine maintenance and the development of Cultural Resource Inventory 6-11 Johnstown to St. 'gain Pipeline Project Weld County, Colorado State Highway 257, it still follows what appears to the original alignment of the railroad in this area. CDOT 2003 The site consists of a 0.92 -mile long segment of the Great Western Railroad that is certainly associated with an event significant to Weld County or our nation's history as it played an integral part of the economic development of the sugar beet industry in northern Colorado (Criterion A). The rails, ties, and grade appear to maintain the sites physical integrity. Tetra Tech recommends that this segment of the site is a contributing aspect of the overall site and that it is eligible for the N RH P based on Criterion A. Tetra Tech recommends that the segment be avoided. According to the latest Project engineering design, the site will not be directly impacted by the Project because the pipeline would be bored under the segment. Figure 6-10. Overview of site 5WL.841. View looking northeast. 6-12 Cu aural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 7. Recommendations This cultural resource survey resulted in the identification of six new cultural resource (5WL.1317.26, 5WL.3148.4, 5W L.8817.1, 5WL.8818.1, 5WL.8819, and 5W L.8829.1) and the re-recording of one previously documented resource (5WL.841). Sites 5WL.1317.26 and 5WL.841 have been either recommended or determined eligible for listing into the NRHP and should be avoided by any ground disturbing activity. Sites 5WL.8818.1 and 5WL.8819 have been left as undetermined pending additional research to better assess their NRHP eligibility and should be treated as eligible site and avoided by any ground disturbing activity. Sites 5WL.3148.4, 5WL.8817.1, and 5W L.8820.1 have been recommended as not eligible for listing into the NRHP and no further management is necessary►. According to the latest Project engineering design, none of sites will be directly impacted by the Project and the pipeline will bore under each site to prevent any adverse impact. If construction staff or others observe previously unidentified archaeological resources during construction, work should be halted in the vicinity of the find(s) and the Project Archaeologist immediately notified so that the resource value may be assessed as soon as possible, and appropriate next steps determined in coordination with the landowner, OAHP, and/or lead agency. Such finds should be formally recorded and evaluated for NRHP eligibility, as appropriate. The resource should be protected from further disturbance or looting pending evaluation and agreement from SHPO regarding the resource's eligibility status. Should the unanticipated discovery be determined to be a historic property that is NRHP-eligible and cannot be avoided, Anadarko should provide justification why the resource cannot be avoided and recommend treatment options (e.g., data recovery) to the landowner and OAHP. If human remains are inadvertently discovered during construction activities, all work in the vicinity of the find should cease and the Weld County Coroner contacted immediately to determine the nature of the remains and if the remains are Native American. Cultural Resource Inventory 7-1 Johnstown to St. Vrain Pipeline Project Weld County, Colorado This page intentionally left blank. 7-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado 8. References Cited Ambrose, Stephen E. 2000 Nothing Like It in the World: The Men Who Built the Transcontinental Railroad 1863-1869. Simon and Shuster, New York. Andrews, R., and R. Righter 1992 Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History, Denver. Bently, E.B. 1983 Geomorphology and Human Land Use. Unpublished Manuscript on file, Bureau of Land Management, Boise. Brown, L. 1989a Grasslands. In The Audubon Society Nature Guides (2nd Printing). Alfred A. Knopf, Inc., Chanticleer Press, Inc., New York. 1989b Grasslands: A Comprehensive Field Guide, Fully Illustrated with Color Photographs, to Birds, Wildflowers, Trees, Grasses, Insects, and Other Natural Wonders of North America's Prairies, Fields, and Meadows. Alfred A. Knopf, Inc., New York. Burt, William H., and Richard P. Grossenheider 1976 A Field Guide to the Mammals of America North of Mexico. Houghton Mifflin Company, Boston. Carrillo, Richard F. 1990 Historical Archaeology Research Design. In An Introduction to the Archaeology of Pinon Canyon, Southeastern Colorado (6 volumes), edited by W. Andrefsky, Jr. Report submitted to National Park Service -Rocky Mountain Regional Office by Larson-Tibesar Associates, Inc., Laramie, Wyoming, and Centennial Archaeology, Inc., Fort Collins, Colorado. Carrillo, Richard F., Diane Adams, and Dorothy Larson 1989 Relative Dating of Historic Homesteads: A Test Employing Cartridges and Bottle Glass. In Temporal Assessment of Diagnostic Materials from the Pinon Canyon Maneuver Site: Towards the Development of a Cultural Chronology for Southeastern Colorado, edited by C. Lintz and J. L. Anderson. Memoirs of the Colorado Archaeological Society No. 4. Creigh, Dorothy Weyer 1977 Nebraska: A Bicentennial History. W. W. Norton and Company, Inc., New York. Denver Pacific Railway & Telegraph Company (1867-1880) 2018 History of the Union Pacific Railroad. http://utahrails.net/upidenver-pacific.php. Accessed August 18, 2Q18. Cultural Resource Inventory 8-1 Johnstown to St. Vrain Pipeline Project Weld County, Colorado Doesken, Nolan J., Roger A. Pielke, Sr., and Odilia A. P. Bliss 2003 Climate of Colorado: Climatography of the United States, No. 60. Colorado Climate Center, Colorado State University, Fort Collins. Dyni, Anne 2010 Pioneer Voices of Boulder County. Boulder County Open Space Department. http://bcn.boulder.co.us/basinihistoryiirrigation.html. EPA (U.S. Environmental Protection Agency) 2001 Middle South Platte —Cherry Creek Watershed. Electronic document, http://cfpub1.gov Isurflhuc.cfm?huc_code=101900003, accessed August 18, 2018. Fitzgerald, James P, Carron A. Meaney, and David M. Armstrong 1994 Mammals of Colorado. Denver Museum of Natural History and University Press of Colorado, Niwot. Gilbert, B. Miles 1980 Mammalian Osteology. Modern Printing Company, Laramie. Gilmore, Kevin. P., Marcia Tate, Mark L. Chenault, Bonnie Clark, Terri McBride, and Margaret Wood 1999 Colorado Prehistory: A Context for the Platte River Basin. Colorado Council of Professional Archaeologists, Denver. Greeley Tribune [Greeley, Colorado] 2012 "Family has a long history with Stampede". 15 June. Greeley, Colorado. Gregg, Josiah 1954 Commerce of the Prairies, edited by M. L. Moorhead. University of Oklahoma Press, Norman. Hafen, LeRoy R., and Francis Marion Young 1938 Fort Laramie and the Pageant of the West, 1834-1890. A. H. Clark, Glendale. Hammerson, Geoffrey A. 1999 Amphibians and Reptiles in Colorado. University Press of Colorado and Colorado Division of Wildlife, Denver. Jessen, Kenneth 1982 Railroads of Northern Colorado, Pruett Publishing Company, Boulder, Colorado. 1984 Built to Haul Sugar Beets: The Great Western Railroad Company, IV Publications, Loveland, Colorado. Justice, Noel D. 2002 Stone Age Spear and Arrow Points of California and the Great Basin. Indiana University Press, Bloomington. 8-2 Cultural Resource Inventory Johnstown to St. Vrain Pipeline Project Weld County, Colorado Koob, Rose Mary 1975 Gold rush brought first Elliott to Colorado from Illinois in 1859. Greeley Daily Tribune 16 June. Greeley Colorado. Madsen, David.B. 1980 Fremont/Sevier Subsistence. In Fremont Perspective, edited by David B. Madsen, pp. 25-34. Antiquities Section Selected Papers No. 16. Utah State Historical Society, Salt Lake City. Mehls, Steven F. 1984 Colorado Plains Historic Context. Office of Archaeology and Historic Preservation, Colorado Historical Society, Denver. Mehls, Steven F. and Carol Drake Mehls n.d. Weld County Colorado Historic Agricultural Context. Office of Archaeology and Historic Preservation, Colorado Historical Society, Denver. Murphy, Sheila 2007 Mineral Resources in the Boulder Area. Excerpted from Boulder, A Sight to Behold: Guidebook, Runnells, Donald D. 1976. Electronic document, http://bcn.boulder.co.uslbasin/watershed/geology/minerals.html, accessed January 8, 2018. Mutel, Cornelia F., and John C. Emerick 1992 From Grassland to Glacier: The Natural History of Colorado and the Surrounding Region (Second Edition). Johnson Books, Boulder. OAHP (Office of Archaeology and Historic Preservation) 2007 Colorado Cultural Resource Survey Manual. Colorado Historical Society, Office of Archaeology and Historic Preservation, Denver. Osterkamp, Waite. R. and Thomas C. Gustayson 1987 Chapter 6, Great Plains: Introduction. In Geomorphic Systems of North America, edited by W. L. Graf. Centennial Special Volume, No. 2. Geological Society of America, Boulder. Peters, Mike 2013 "10►0► Years Ago: Millions of bugs descend on Greeley; parents fail to control children". Greeley Tribune 13 June. Greeley, Colorado. Peterson, Roger Tory 1990 Field Guide to Western Birds. Houghton Mifflin Company, New York. Scott, Glen R. and Carol Rein Shwayder 1993 Historic Trail Map of the Greeley 10 x 2° Quadrangle, Colorado and Wyoming. Geological Survey, Department of the Interior, Geologic Investigations Series 1-2626, Denver. Shwayder, Carol Rein 1987 Weld County Old and New Volume XI; The Sugar Beet Story, The Sugar Beet Industry of Weld County, Colorado 1901-1987. Unicorn Ventures, Greeley, Colorado. Cultural Resource Inventory 8-3 Johnstown to St. Vrain Pipeline Project Weld County, Colorado 1990 Weld County Old and New Volume XIII, Gazetteer of Railroads, Weld County Colorado, 1869- 1990: Chronology of Construction and Abandonments, Railroad Stations, Sidings, Beet Dumps, and Coal Mines. Unicorn Ventures, Greeley, Colorado. 1992 Weld County Old and New, People and Places, Volume XV. Historical Gazetteer, Dictionary of Place Names, Weld County, Colorado, Pre -historic Indians to 1992. Unicorn Ventures, Greeley, Colorado. Shaw, Charles E., and Sheldon Campbell 1974 Snakes of the American West. Alfred A. Knopf, New York. Simms, Steven R. 2008 Ancient Peoples of the Great Basin and Colorado Plateau. Left Coast Press, Walnut Creek. Volk, R. W. 1972 The Denver Basin and Las Animas Arch. In Geologic Atlas of the Rocky Mountain Region, United States of America, edited by W. W. Mallory. Rocky Mountain Association of Geologists, Denver. Weatherbase 2018 https://www.weatherbase.com/weather/weather.php3?s=41 S57&cityname=Longmont- Colorado-United-States-of-America, accessed August 16, 2018. West, E. 1998 The Contested Plains: Indians, Goldseekers, and the Rush to Colorado. University of Kansas Press, Lawrence. Wood, John J. 1967 Archaeological Investigation in Northeastern Colorado Parts 1 and 2. Doctoral Dissertation, University of Colorado -Boulder. Yohe, R.M., II, and J.C. Woods 2002 The First Idahoans: A Paleoindian Context for Idaho. Idaho State Historical Society, Boise. Zier, Christian J. and Stephen M. Kalasz 1999 Colorado Prehistory: A Context for the Arkansas River Basin (with contributions by Mary W. Painter, Mark Mitchell, Amy Holmes, and Michael McFaul). Colorado Council of Professional Archaeologists, Denver. 8-4 Cultural Resource Inventory 4053323 10/13/2014 09:45 AM Total Pages: 3 Rec Fee: $.1.00 Steve Moreno - Clerk and Recorder, Weld County, CO FIGHT -OF- AY GRANT THIS RIGHT-OF-WAY GRANT ("Grant") is made this , dayof 211 from Berry Farms, LLC, a Colorado limited liability company, whose address is eX95 Chantala Avenue, Pueblo, Colorado 81006 l`GrantoC whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 16th Street, Suite 1800, Denver, Colorado 80202 ("KIVI G")_ The parties agree as follows,: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged Grantor hereby grants, conveys and warrants unto "K lGC'. its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark. monitor, abandon or remove and release, at KMGG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic. fluid, solid or gaseous, and any products, derivatives. combinations or mixtures of any of the foregoing, in, on, over; under, or through the lands situated in Weld County, Mate of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 67 WEST, Gm PM SECTION 8: NORTH HALF The general route and course of the right-of-way and easement: convoyed hereby ("Right - of -Way Lands") are more particularly described on Exhibit UAK attached hereto and made a part hereof. The Right -of -Way Lands shall also include the Production Facility as more particularly described on Exhibit W. The parties have agreed that the width of the Right -of -Way Lands up to the Production f=acility is one hundred feet (100') during construction, and subsequent to construction the width of the Right -of -Way Lands up to the Production Facility shall be seventy-five feet (75!)• It is agreed that the pipeline(s) and any associated appurtenances may be constructed anywhere within the Production Facility. After the initial construction of the pipeline(s) KMGG may, require, from time to time, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipelines) together with all appurtenances_ Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents and warrants to KiGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands, subject to the burden of the Right -of -Way and has full right, power and authority to enter into this Grant. The pipe constructed hereunder shall be placed at a depth of not less than 36 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Ways Lands removed or severed by KMGG in the course of theoperations provided for in this Grant to the condition such fence was in prior to the removal by KMGG If necessary to prevent the escape of Granter's livestock, KMGG shall construct temporary gates or fences in those areas affected by KiVIGG's operations as provided for in this Grant. KMGG shall level and restore any lands affected by KMGG's operations that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction to the condition that existed at the timeimmediately prior to the placement of KMMM G's pipeline(s), to the extent reasonably practicable. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, or or across the Right -of -Way Lands without the prior written consent of KIVI G_ KMGG shall have all rights, privileges and benefits necessary or convenient for the full( use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands, lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KMGG's rights hereunder. Grantor hereby agrees that Grantee may, at its option, pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way, If Grantee exercises such option, Grantee shall be subrogated to the rights of the part ► to whom: payment is made, and in addition to 4053323 10/13/2014 09:45 AM Page 2'of3 its other rights, may reimburse its -elf out of any rentals,. royalties, .shut-in royalties., ar any other amounts otherwise payable to Grantor hereunder,: MSS shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from M".s activities and operations on the Right--of-'''ay Lands, except for an,' damage to structures or improvements, placed in the Right -of -Way Lands contrary to the terms contained herein; and, Grantor shall pay for, reimburse, indemnify and hold KIVIGG harmless fort any and all claims or damacgiea resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted,. This Grant cannot be modified, except by an instrument in wiling signed by Grantor and an authorized representative of KIVIGG. The rights granted herein may be assigned in whale or in part, and the terms, conditions, and provisions of this. Grant are a covenant wining with the land and shell extend to and be binding upon the successors, and assigns of Grantor and KG: KMGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Richt-of-Way Grant, KIVIGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WIT]1ESS WHEREOF, OF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written. GRANTOR(S): BERRY FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY e BY: CHARLENE -pGARRETT AS: 1�. A N G Ep�^� 1 h - STATE OF COLORADO COUNTY OF .mot p (7 t"J f'c Jamiaktistiaisiiister Aral lotas'set:— •rte rde ies- al t ear 1 CORPORATE ACKNOWLEDGEMENT s.s , stre The foregoing instrument was acknowledged before me thrs a day of ..-Ta 2x14, by Charlene Garrett, manager of Berry Farms, LLC, a Coloradolimite l liability compahy. Witness my hand and official Seal. My Commission Expires.. ra—rtew_ti—�. a.�llm'w! + L011 J. icIN T Y E . _ NOTARY PUI9LIC Notary R STATE OF4 LOR'� L �r ��s Lisell�ir+�os war �u,o dai L fr 4-1 Iii 4..1 0 2 44-6 C13 -CI II� 1_L C C E t ci E o i O 59 15- ri IC acti Los en co w CO m cm O C Z a IT it - 46 -4 ca C) '1 • IS it :LW L 15'x rate is PASTY 1300 S f �.' I /4 ca''sik lrfEr: Jiff: 4 1! T P+ 'V- a to („w i :rt 11r ri-j-+. Niel Ibr i r '' Fe; Cin ;a.; ;9 111. ISAII it dlp -1 Iii. 9r +re;P h i .r 4 taliI _I OIl n 'r.p. IinF� r rnfl iF.e.. J Al di' •k.11 ,+ 11 Ir,�eH.I I.: Ib"&f 14144 Iiy11i '1ty h It . 'ak;IF' icily', Ih' tisk 4 'v'rt httliiiilic 14: c1:I trill: "Yip fM �.. -sri • s .it 'Y1iI tb Isis tiro 14 a$ its IJ-tt1 I el '4R. in I_.:2.I rt . Vitar r.'. III 1 1. ji 4.: tgnay4u 'y!a vet car N=Il1,'4r `> ,r: Tdl• • rrn?aII *I ,!iyl' '' I'ai.* iii!" r.'1 h1 k r II:t% tut Ia "4i t* 7,a i tm l' •irei0 il,p. � I ,i'riir! Ptli.4Vt r rig lr I .i r. Lij.d irr (Fri d°• -t' L r Or; I M •, ,.P lu Il a ` le..n r'i1' t jSI slit! ewa.-F f' F h d:s'_t i ' ap il'r• p _ r- I tr . I ' Ii lilt I .' ll ) era', IT, 41'' II .' 441e1 I*:l; ' I Cal tit i .111:1, n I t tl i! nr, rl'j 114+1 Li 4ttxl1i M i'-'�•. J 11 AI r I1.4a1 AO? 34 e l TR _r- ri I::W JRFI'MT IMF' JAI V' _ti CE PRY rAIR S tiCi 11,,11r/I'F� `ICc, Tit lit i. l: ' �� "•''_� I I I Ii-; f',U trEArTaLPE Whir aF WAY - i i7 1 i h.;'1 fJ p i 14'14 t eft •Plane r•i *me. *Alit hai:lar I Lahti; Pr s'I t. =sCPSY Iee W' J 1w .I r 1'IteJr4r` ?.dt ('-I( •P it riI 1': I" I .4 1I -I' I'r 11 r [ythl.kre.* n' ■iet 14,r I 'I ii r#k; .ts,rir f'l. I.ri e. L 1144 i. — — 1 I rd R 'Ct? AlSEC d Cypnit rt ' t71 -,7 r'rwi'Err ?M • r, I I 1 c r/4 L Rri`.174 'yCt •r'" 1 , r mist; or $�S i :rE & J 1 foStL1). r r 5i1 � ' dej" 'I' 45 F be X' t iocr PAW rtoN Mum �y �qr 80,.000 so Ira 1 LAIN: ire.tria Br`ERR IJ' FARA45 [(C. Vi f0MI/4 ji..CrP•kV') L �Jig✓'yT�rl'i�'1 a�lt'i tat I se — se FFik-W1!C/ lla°# it:Jffray rJ, rrr Iar u rftrll a Ir*FM:in OM .r •liliit trry ICI .14 r! kit .1 LbIrur-r In; 14z Ifl `3'r, - tr I=';.1. --I virf44;4 tr Ac kir'], Inc. 951'- 101 411; :y` :•, iI t3 P.: r•' t i14I. Col": J'? t I feilie . Ir- `I�it WEI Roil Of PY Dart TM =41 /Cru I -J;/ --`•5t,' L r.r1. R{y' Ligh 'I t' •"•f.I•. 4r r 4#110 cmr3Vs(," ;.,111,0.41P1 r 1 =1 WOOF' P1 leyyy��'I( ;.,. L irk ;,?')$'j1' 4 . ) :A; t rt r� F• l' `� " 'AI- 2-4' r bl_ t'2`r.;1Y ,' 5 0t; " :Sarre i efts; _ %C ThL Ca/TERME IBC* 5744148 FT PfitnicroN FACiACS_ $7, &COO CO ` I I !h!5,flov Jfn r7ry -+u iiG?'c.utzsI s..%•aft';;' ail ri[ �s lip --ar ..s MEM ERRS- McGEE GAT.FHREINGLL EYHIBII rr ie �rIG !1 OF IA LAI`'`IDS m/2 SECTIWI a T M; aniol 6111 PM, WELD c ut4ff. COLORADO Ott},r 1".UE Z2!*) I lW ' -1 Erna 'I:.• 1leo., &'4 -MOE 4th. 1 tli-t tr Part: iF! chic 4119292 06126/20151020 AM Total Pages. 4 Rec Fee: $26.00 Gaily Kbppes - Clerk and Recorder, 'Weld County, CO RIGHT-OF-WAY GRANT THIS RI HT0 F- " ? GRANT ("Gruff') €s made this 22nd day of April, nu, from JAY D. -BRAG/Meet AND MARSHA A. BR1CHACEks whose address is 19015 County Road 1.61 johnsto n, Colorado 80534 (h r,antar whether one :, more), to KERR-MCGEE GATHERING LLC a Colorado tutted liability company. ritame address is 1 Dna 18th Street, Suite 1500, Derwer, Corrado 80202 (EGG"): The parties agree as toilows: For and in con Iteration of Ten Dollar ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys unto r%MG _jr', its successors and assigns, a perpetual right-of-way and ea errnert provided' however that above ground appurtenances shall be pent r only veil Grantors prior written approval which approval shall be at the sole suljectWWe discretion of Grantor. KIVIGG has the rights to survey, construct, maintain; incpoct, operate, r.wpaw, replace. modify, chan a the size o#; reconstruct. mark, monitor. ab ndor or rGmovc and release, at .G's election. one or more pipelineselectric power lines. data transmission lines and equipment, andall appurtenances, below '.ground, necessary or almafient for tike transportation or transmission of oil, gas, petrdleurri products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid., solid or gaseous, and any products_ derivatives, OornbinatiOns or mixtures of any of the foregoing, , On; over, under. or through the lands situated in Weld County. State of Colorado, being described as fellows: TO'WNSHIP 4 NORTH RANGE 67 WEST 6TH PM SECTION 30: Lot A of Amended Recorded exemption Nu. 1059-30-4 ArnRE-2841 Lot A and ES, E-2841; recorded January 23. 20G3 as Reception No. 3026 X49, Weld County, State of Colorado, TS general route and course of the {ht -of -way and easement conveyed hereby (T`Ri hty of -Way Lands1 are more particularly described on EXhib 'X' attached herein and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is one hundred feet (100r) d gyring construction, and subsequent to construction the wider of the Ig a -of- ay Lands shalt be seven' --five feet (.7151). After the initial constructor' of the pi flne(s) KivlOG may reqpire, !Torn time to time. temporary additional work space parallel and adjacent to the Right of,- ay Lands to survey, construct, rrialritatn, ipspeut, operate, repair, alter, re�prtace, modify, change the size cf, reeanstn , mark, monitor-, abandon or remove the pipetine(s} together ',Mtn a0 appurtenances. Grantor agrees to negotiate in good faith for additional consideration with OAGG to allow KMGC3 the use of this temporary additional work space. The pipe constructed hereunder shall be placed ata depth € t not less than 46 inches betow the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without 's prior written perrnins€on, IckliGG shall repair and/or restarts ny fence on oradjacent to the Right -eft -Way Lands removed or severed by KIVIGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by . 11 necessary it prevent the escape of Grantor's livestock. MACS shall construct ct temporary gates Or fences in Ilion areas affected by rs operations as provided for in this Grant. K.1' 'G z. -ball level and restore any lands a.l cPP d by KIVIG 's operations that tray have excessive settling 'asufficiently compact the sci{ within a reasonab s period ;1 time after completion: of construction to the condition that existed at the time inir- a iat&y nrio; to the placement of KDAGGs pipelirne(s), to ter+ extent reasonably pra ticable. Grantor agrees not to build, create,. construct or pull to be Sit, created cr constnitted, any obstruction, building, fence, reservoir, engineering works or other structures or improvements river,under„ on or across the Right -o 41Vay Lands without the prior written consent of KDAGG. KIOGG shall have all rights, privileges and Genefits necessary or converdert for the Fuk3 Lis and enjoyment of this Grant, including the rigM of ingress and egress to the Right -of -Way Lands for any and ell purposes necessary and incidental to exercising KMG °% rights hereunder by way of the access as depicted on htrt , Grantor hereby agrees that Grantee may. at its option, pay and discharge any taxes, mortgages or liens existing; levee or assessed on or against the lands burdened by the Right -of -Way.. If Grantee exercises such option, Grantee shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rightst may reirmburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor hereunder 4119292 06/26/2015 10.30 AM Page 2of4 'WOO shall be obligated to pay for, repair, replace or otherwise compensate Granter -for any damages resulting from KNAGG's act Mitaes and operations on the ig*** -Way Lands, except 'for any damage tQ structures or improvements placed in the Right -of -Way Lands contrary to the terms contained her&lnt and, Grantor shall pay for, rein burse, indemnify anti hold KIVIGS hx mless from any and aii claims or damages resulting from 1 anLor5 . ctivities of 1 t . Right -of -Way Lands, Granter- shall have the right to use and enjoy the Lands, subject tc the rights herein granted. KitAGG she l indemnify and hold Grantor harmless from and against any claim or demand related to activities on and use or the Right -of -Way Lands, including but not limited to construction, maintenance, use or repair of the pipelines or from environmental ental damage due to ieakage from and contamination as a resuft of its construction oi use. Thrs Grant cannot be modified., except by an instru authorixAd representative of OffiGG., ant in writing signed by Grantor and an The rights granted herein rney be assigned in whole or in part, and the terms. conditionsb and provisions of this Grant area covenant running with the land and shall extend to and be binding upon the successors: and assigns Of Grantor and KLIGG. KIVIGG Shall record an original of this Right -of -Way Grant in the records of the Countyen which the Right-of-aRight-of-Wai Lands are located, By recording th.m Right -of -Way Grant. aroGG shall be deemed to have accepted all of the terms and conditions hereof Notwithstanding anything contained herein to the contrary. Grantor rizseskies the right to u$e and occupy the Right -of -Way Lands for any 1a: l purpose, including withlaut limitation; the right to grant easements and rights of way upon, over and across the surface of the Rightsef-Way. Lands. Grantor reserves the right to alter, construct or replace any fence on the Right -of -Way Lands: to use the Right -of -Way Lands for open space areas, with or without, landscaping; to use the Right -of - Way Lands for gravel surfaced or unsurfacert parking areas, sidewalks, driveways, roadways or recreation areas such as trails and bike paths, to use the RightraftaWay Lands for terivorary covers or enclosures not tequiring the construction of a foundation and not to he used for long-term storage: to use the Right -of -Way Lands 'br unity Fines crossing at right angles. Grantors use of the Right -of -Way Lands shall not unreasonably hinder, conflict, or interfere with G's rights in the sight Way Lands herein granted. KtifiGG shall not cause rc' permit to be caused by any of at contractors, agents, consultants, representatives or employees, ployees, any hazardous substandeas its defined by the Qcmprehensive Env ronrnentai Response. Compensation and l bility Act of 1980 (110ERCLAny pollutants or contaminants. orb defined by GERCLA, or hazardous warts , as defined by the Resource Conservation and Recovery Act CRCRAl ), or any pollutant& or toxic pollutants as defined by the dean Water Act, and any amendments to such acts, to he dumped-. $pile ., released, p nvanently stored, or deposited' on, over or beneath the R ; acf-Way Lands .or any a4acent properly owned by the Grantor. Any hazardous, toxic or flammable substances used by KVIGG or its agents, representaiives, -trldepenfient contractors shall be utilized lin a lawful manner and in compliance with 2 h fede r*14 state and local requirements relating to protection of `health or the envLronrneritt, ra.ntor`'s access to pi -Nate toads, driveways, and field approaches located on the contiguous property owned by the Grantor shall be mairta ned during activities performed by the. Grantee pursuant to this Grant except for short periods of time f temporary relocation of existing roadways, driveways, and field approaches is necessary. Construction and r aintenan 'vehicles shall not have access to Grantor's property except within the ea e ent defined as tithe Right --0f#. Way. Lands or the specific area of ingress and egress as shown on E xh1bit A_ This Grant may be executed €n counterparts, Lech of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor and KIVIGG have executed and delivered this Right -4-6 Way Grant as the date first above written_ SEE FOLLOWING PAGE FOR SIGNATURES. 4119292 06/26/20151 0:30 AM Page 3 of 4 GRANTOR(S); . F Arj. BIHAE. 1,1 d 4 y M jjet 4 / jY /'rya it jesttiau BY: AR$HA • BRJCH EK KERR-MCGEE GATH RING LLC, a Colorado liabili company e&r I '1'fsFnerwxanRdr,r.'Mrrw'rs�r±=`^a B?: RONALDH.OL E , AS AGENT AND ATTORNEY -IN -FACT STATE OF COLORADO )ss. COUNTY F WELD I- The foregoing instrument .was acknowledged before me this Ze t day of Atikni!% , 0 14, by Jay 0. 61th3cek acid Marsha 1 ha+cek. Witness my hand and of is ai .Seal. My Co m ssion Expires - (SEAL) ..ry Lai r ke' _ rfi.{ 7-i �-4 r r •.° I . „�1Z r ,91 ! Fr1 '. 3� rfi J AR i • st _ M' t NAf1Q� .Yr'f 1 PUS Vie." Mtr' r, r.,. STATE OF COLORADO COUNTY OF DENVER C r rl+ MT+.y,e /- Nets Prb tic r`r The foregoing instrument was acknowledged before me this day o 2014, by Ronald f Olsen, as rent and A or y.4n-Fact for Kern -McGee Gathering LLD; a Colorado limited liability company. (SEAL) Witness my hand and officio; Seal, My Ccinireassion Expires: r PATRICK 1 BILLADEM€! OTARY PUBLIC STATE OF COLORADO P O TARY ED 2014400 0675 COMS!ON EXPIRCS JAN, ,ie ,r'uIlc' 4119292 06/26/2015 1020 AM Page 4 of 4 +��tdt.y .'tittrf6-rr r�� 0 azPit r -t 5111 PM 3 JAY n & MARSHA A aRrCHAcf //r� LOT .de Ati}a RE -2841 Kaltif, l it ` I LOT ifit PiWINE z r EaSI PI G P P�JMIE � 20G' S 0-1•09v35° W . 00 + 400' WITERLAVES T .Ar ti5 7 • 1 25' 1110PORARY NORKSPACC TYPICAL RIGHT OF WAY DETAIL t`-100 ROB, It VCR Ma (T ) -j. n. •, 41 -FP elm PSI .-f: T 1 L1 L1 ...p.ly. ,1 10/V{f IPt I waif f .�!ft arury 114 CORNER SEC 5e. /SEC 29 2.5 ALUMCAP W24b C5OWVEY TIE W S Ori714,1". 4 ". W 26 19261 C' 1022 1132 125• itVW t Pa 7247 carmineIti TO P.O.B. 1>1 .85''47'24' N 34655") WCff 4 ' s -1 Pie MICR 4C I fITE SECT I ON.hitE in=20001 TOTAL CENTERLINE imam woo FT 1.) Locotter of urlililiem end tart* pipelines *ems determined Isom visible strMee evidence_ These Iru1ion'i ti *horn may not be r}1xulote O Y cornplets Other uiJ'iles nn1i e.ki: exid we In tie field located by uthwe prior S eaearatkeL. 2.1 This document kt no! a land survey plat or bripmvement survey plat. It is not to be retied upon for the establishment e1 any faad boundary, easement. lento, betding. or diner future improvement lines, All direction; dr,tonce3 dirn^n,iorer ehori hereon are baevil on ceorichnalte Iran the talorotlo road-cle !totem 4a 19S$ march 3on,- (Article 52 Di itlr 36 C.R Si) rtribileherl wing R,TK, CAPS 'techniques and/or Ike. Cream Po&lQnin4 User 5e vire altered by the N.,G.Si carntlned RIVOf (CF7a0!'9'M2 l91t; I/CFt1, 2f746u' 4.) hk7T1a; & t -ding to ° do bay you must commerce any legal potion bit upon any donee& of this survey elfin three. ram ants yet, feat discover defect. In no eitnt may any oction besind upon ony Mort In this -Rune, It menrotriced More thon kr,n years from the date of the ceritilootion show hne c n.. S."i Thee Una woe prepared by Wart A Hall, &S 36073. for and an berg 11 at AnId am, Inc , 195 Telluride S' , _+cite 7. 0r;un tan, CO E0601. Ack/ain, Inc 195 Tellusride St. Suite 7 atbrila CO. 89601 KERR-McGEE c EE GATHERING LW EXHIBIT "A" UHT OF WAY LANDS SEI /4 SECTION 30 T4N ROW 6TH PM, WELD COUNTY, COLORADO SCAB. 1 's2OC` DATE: 04/18/14 J4T3N04, i LIDO :S?, at 10 4268062 01/09/2017 09:43 AM Total Pages: 3 Rec Fee: $.23.00 Carly Koppel - Clerk and Recorder, VVeld County, CO RI HT -OF- AY GRANT THIS RIGHT-OF-WAY GRANT ("'Grant') is made this ay of '1�r '- , 2016, to be effective March 3. 2014, from FRANK BROTHERS LAND, LLP, a Colorado limited liability partnership, whose address is P.O. Box A, Milliken, Colorado 80543 ("Grantor whether one or more),. to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 ( 1 K M G'1). The parties agree as follows: For and in consideration of lien Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged! Grantor hereby grants, conveys and warrants unto 'KMGG", its successors and assigns, a perpetual right-of-way and easement, provided however that above ground appurtenances shall be permitted only with Grantor's prior written approval, which approval shall not be unreasonably withheld, at a mutually agreeable location, KMGG has the rights to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, rnoonatoor, abandon or remove and release, at KMG 's election,one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil, gas. petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado,, being described as follows: TOWNSHIP 4 NORTH, RANGE 67 WEST, 6'" PM SECTION 31: Parr of Lot D of Recorded Exemption No. 1059-3'i-3 REC 13-3058_. recorded January 30, 2014 at Reception No. 3993084, being a part of the Southwest Quarter (SW/4), the West Half of the Southeast Quarter ' E4) and the Southwest Quarter of th.e Northeast Quarter (SW/4NE/4) And also part of Lot B of Recorded Exemption No. 1059-31-4 RE -1788 recorded October 31, -1995 at Reception No_ 2461726, being a part of the East Half of the Southeast Quarter (E/2 E 4) and the Southeast Quarter of the Northeast Quarter (SEJ4NE/4) E/4) The general roule and course of the rightsofeway and easement conveyed hereby ("Right -of - Way Lands") are more particularly described on Exhibit dAU attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is one hundred feet (100') during construction, and subsequent to construction the width of the Right -of -Way Lands shall beseventy- five feet (75'). After the initial construction of the pipelines) KMGG may require, from time to time, temporary additional work space parallel and: adjacent to the Right -of -ay Lands to survey, construct, maintain, inspect, operate, repair„ alter, replace, modify, change the size of, reconstruct, mark monitor, abandon or remove the pipelines) together with all appurtenances. Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right-af-Way Lands, subject to the burden of the Right -oaf- ay and has full right, power and authority to enter into this Grant. The pipe constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantor agree not to increase or decrease the surface elevation on the Right -of -Way Lands without MGG's prior written permission_ KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMG•G. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG s operations as provided for in this Grant. KMGG shall level and restore any lands affected by KMGG's operations that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction to the condition that existed at the time immediately prior to the placement of 's pipeline(s), to the extent reasonably practicable. Grantor agrees not to build, create, construct or permit, to be built, created or construocted, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under., on or across the R ghtaof-Way Lands without the prior written consent of KMGG. 4268082 01/09/2017 09;43 AM Page. 2 of 3 KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KMGG's rights hereunder, Grantor hereby agrees that Grantee may, at its option, pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way. If Grantee exercises such option, Grantee shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor hereunder. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from K(GG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein; and, Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted„ This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shaft extend to and be binding upon the successors, and assigns of Grantor and KMGG. KIVIGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant, KIVIGG shall be deemed to have accepted all of the terms and conditions hereof This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written. GRANTOR(S): FRANK BROTHERS LANDS L,LP'9 a Colorado limited liability partnership fr.:,rece BY: ROGER FRANK, partner STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this/ 714<day of ovolip 2016, by Roger Frank partner of Frank Brothers Land, LLP, a Colorado limited liability partnership. Witness my hand and official Seal_ My Commission Expires: (SEAL) FNEY ALLEN lERGRflN NOTARY IO - STATE Of COLORADO W!obry Identification 110154017265 M# Commission Wiles 413012019 4268062 01/09/2017 09 43 AM Page 3 of 3 I, 24897 7 ' TYP'CAL RIGHT OF WAY DETAIL 1 "= 1 000 '. Ls r �M PAT L14 go IOC Tr Cr 375. 1,51 25' wietner itowsPACti antic PPELEI.+ _L 12 it/4 CORNER ft, 8911''0r vt CEO Si it • tu PLY 7242 .APPRCt tOCATION OF USTM0C DOS LINE Throd LiI NEY4 SECTION 31 T4N `-�� 6TH PM FRANK BROTHERS ILA'ND, LLP LOT U RECX I S- 0058 S 1/4 & 1/2 SEW': SECTION 31 T4N IRGIW 6TH PM CENTEPLOVE Rion UP WAY LtG rte 1/4 Cam' rt t it IM SEC J1/WS .325. Ai+M CAP PLS 7242 Li7 1-L6 5C0' - L5 N :551°11''60 ° W 60 R.O.W. l OC C1' pia tX 2579.18' ---- CEIVERLINE MKT OF WAY [AWE TABLE L)=W 0017'27" H' [paW 89'25'37" W Li=N 00'01 '5,3" E t4 -=--N1 80'21 15?" I L5-�N 4425'31" f &.s=N 8975137' w 56e00'35S H' L8=N 4t0Y39 It L9 1' 47"01'2'5" W 1.10= -Al .36'0g"2r* W Li Pall O7J2802" W E:!2=N 2747'58" IE L TJ=S ?720'32' E Li 4=N 21412584 0.352 98.04' 540.35' 292.46' 262,31" 761.35' 177.48' 7&168' 277.62. 1601,T62 321.8.5' 197.0r 518.55' VCR 40 TOTAL CENTERLINE LENGT1ii 5.50 ,97 Fr FRANK BROTHERS SAND, Lt_P LOT B R£-1788 Er1zsF1ra SECTION 31 T4N R67W 6TH PM /-E4 fX S?Wc PAneflitif-1 £2 IrtR 33 tiP.4.8 NEW SECTION 6 TRN RG714/ 6TH PM 31t l ::_aa---'_.._—.nu 5dAlr. WCR 38 I SECTION. MAP 1 20 00' Sift j t,EC J2 325' Auk cAP PLS 2 'StrvE'pTIE TOP.O.L N i'.37.0 '° w 2027.0.3'J allig 515 .150" ALIlbt PLS 7242 (SURVEY N 1.) LQc-ubc i J atiiities and foreign pipefinn RM determined from inside surface tividencs,.. Then 401671 V shorwn moX S be mange Dr „pltrtatrr duet may rap ore la big road frattittd t clthEm pmt to etaithafito. 7,) Thy daerrereret S nleli a lend surrey pie( or irricea rnen1 surrey tie- It le nut le be rued ow, fd" ?e SobiliVbrnent, of any lurid boundoric, eo5err+dnl, terra baihtzq. br ethe [Ault octave:mot Foes. 5 it Ali 4ruectks, id ":vas and ifisnesitsfure thorn ham* 4tit kid on coordinqIrs from Pig t# c4 ard'nu'te welter' of 1983 nrdh h3rie Wilde N of flak 39 CRS.) estebteshed inky tdIK. C.P.S. techniques and/or the entire Positiamng lutes Strike Morel by the risla5. Comaincd Fodor (01.4)19 971907g ; iltra ;,00076ogis 4.0 mane Aosefin9 to Conk ISMytiu nhu#1 corilreftC* arty1491t5ct boftd trpo11 arty dkted k this bunny viighvb Ihrte xdoni ofttf you t Ssc>n' sue' defect. rn ma event nay on". mbar based upon any deM i to trk survey ha earrhintnted met 'fin Inn "tors from IM 1ctr of Ire corhiriegion skin hereon. 5) Ws €Vhbt w, preporel by klerk A 3O -13t Inr Ma re he III nv tor; Irie, 1l3 heftier :CI; Sit 7, Brighten, CIS 80601- ro PAIL I►v .32499, flISTACAPPELIE • (s _°""' - 360Th a (L . Rte' r/2212015 r ask/am Inc 195 feral≥ St. &tie 7 Bnghdcn CO. 60601 KERB- cGEE GATHERING LLC EXHIBIT PC RIGHT Cc" WAY LANDS NU/4, SE1/4 /4 c: SW1/4 SECTION 31 T l R67W 5TH PIS, WELD COUNT ', COLORADO SCALE- r' AFL° 04/(2/14 a MU.1 „LS Art J.: ncesparet 4232988 09/01/2016 08:47 AM Total Pages: 5 Rec Fee: $31.00 Carly Koppes - Clerk and Recorder. Weld County, O RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ({"Grant') is made this day of 2016, to be effective February 27, 2014 from KROES FAMILY REVOCABLE TRUST s SEPTEMBER 17, 2004, whose address is 8509 Avenue 152, Tipton, California 93272 (°Grantor„ whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company,, whose address is 1099 18,th Street Suite 1800, Denver; Colorado 80202 (1TKI I "). The parties agree as follows: For and in consideration of Ten Dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto l'IPCMGG'1, its successors and assigns, a perpetual right-of-way and easement, provided however that above ground appurtenances shall be permitted only with Grantor's prior written approval, which approval shall not be unreasonably withheld, at a mutually agreeable location. KMGG has the rights to survey, construct, maintain, inspect, operate, repair, replace, modify,. change the size of, reconstruct, mark, monitor, abandon or remove: and release, at KMGG's election, one or more pipelines, electric power lines, data transmission lines and equipment, and all appurtenans below and/or above ground, necessary or convenient for the transportation or transmiIssion of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any, other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands Situated in Wetd County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 67 WEST, 6TH P'IM SECTION 5: Lot A of Amended Recorded Exemption 1209-5-3 AMRE-873 recorded October 16, 2002 at Reception No. 2996632 formerly known as Lot A of Recorded Exemption No. 1209M5.3 RE -873 recorded August 6, 1986 at Reception No 02063874 of the records of the Clerk and Recorder for Weld County Colorado, being a part of the Southwest Quarter ( /4). Lot B of Recorded Exemption No. 1200-5-3 RE -3374 recorded October 23, 2002 at Reception No. 2998380 of the records of the Clerk .and Recorder for Weld County, Colorado, being a part of the Southwest Quarter (SWI4) SECTION 6: Lot B of Recorded Exemption No4 1209-06-i RE -3506 recorded August 5, 2003 at Reception No. 3091698 of the records of the Clerk and Recorder for Weld County, Colorado. being a part of the Northeast Quarter (NE/4) The general route and course of the right-of-way and easement conveyed hereby ("Right -of - Way Lands") are more particularly described on Exhibit °AN attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is one hundred feet (1001 during construction, and subsequent to construction the width of the Right -of -Way Lands shall be severity - five feet (75'). After the initial construction of the pipeline(s) KIVIGG may require, from time to time, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect, operate, repair, alter, repiace, modify, change the size of, reconstruct, mark,monitor, abandon or remove the pipeline(s) together with all appurtenances. Grantor agrees to negotiatein good faith with klki1GG, to allow KIV1GG the use of this temporary additional work space. Grantor represents and warrants to KIV1GG that Grantor is the sole owner in fee simple of the Right -of -Way Lands, subject to the burden of the Right -of -Way and has Ill righ€, power and authority to enter into this Grant. The pipe constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without K "s prior written permission. KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by KMGG in the course of he operations provided for In this Grant to the condition such fence was in prior to the removal by KMGG. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KM "s operations as provided for in this Grant. KMGG shall level and restore any lands affected by GG's operations that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction to the condition that existed at the time immediately prior to the placement of K G "s pipeline(s), to the extent reasonably practicable. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under,. on or across the Right -of -Way Lands without the prior written consent of KIVIGG. 4232988 09/01/2016 08:47 AM Page 2 of 5 KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary' and incidental to exercising GG's rights hereunder. Grantor hereby agrees that Grantee may, at its option pay and discharge any taxes, mortgages or hens existing, levied o.r assessed on or against the lands burdened by the Right -of -Way. if Grantee exercises such option, Grantee shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor hereunder. KMGG shall be obligated to pay for, repair, replace or other ►ise compensate Grantor for any damages resulting from KI! GG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -off ay Lands contrary to the terms contained herein: and, Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend, to and be binding upon the successors, and assigns of Grantor and KMGG. KMGG shall record an original of this Right -of -Way Grant In the records of the County in which the Right -of -Way Lands are located, By recording this Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof, This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has executed and d delivered this Right -of -Way Grant as of the date first above written. GRANTOR(S): KROES FAMILY REVOCABLE. TRUST OF SEPTEMBER 17, 2004 BY: TOM L,1 KROES, AS TRUSTEE riiihugaig BY: GESIENA G. KROES, AS TRUSTEE 4232988 09/01/2016 08.4 r' AM Page 3of5 STATE OF CALIFORNIA } )ss.. COUNTY OF TUILARE ) The foregoing instrument @s acknowledged before me this. _1 _ day of . 2.016, by Torn L. Kroes and Gesiena G. Kroes, trustees of the Kro•es Family Revocabl rust of September 17, 2004. Witness my hand and official Seal. y Commission Expires: Sill a° I IA DENA LtI$H1RO Notary Public: r z, � `_!_ commission • 2114526 (SG�AL) •1.1 ' •'' I Notary Public Y California E Tulare county F My Comm, limo 4m 8.2919 4232988 0M-112016 08:47 AM Page 4 of 5 - 60' RAW SEIM SECTION 6 T3NROW 6TH PM Mite SWAIN( MCI 7A2.5s ALUM. CAP PLS 2357'9 (SURVEY Tr TO P C, r., N 00°45r25- W 712.3f i Dor va50, Ert I�r —are ni 0 SPTE I I I I 1- _ WAR' 36 SECTION ALAP nn r l-2000 S - AOyOITZ$'Q1 L 151150° 4�i� rC1Y!.rORA i WORKSPACE (0,25 50. Fri) ' rC4460WiP ill"SPACE CatirEMEIIGHTOFW4YL TA9LE Li 4I 074.5.25 1' W L2=-5 8 16'35' W 7T 5_.x'6' 168.34 FO1AL CENTERLINE LENGTH; 8,x..3. X70' FT KROES FAMILY REVOCABLE TRUST LOT .9 RE —.3374 SWIM SECTION 5 T R67W 6TH PM COMM WIT or WAY y) �.y�y`' p�7p�ry ��.(- 60' P,. W, IE m?rtoit; P RI GI�� yJ. �y a S f lFtl P Oini 1/4 COW 5 8 z.5r !CAP P:.5 SALEM' fRAVEY TIE IC Rom N 89'4 ''O.5 ' N' 2403.15) WilOr C 2571524 I -RUNE R',GHT !I WA,V a - LO I r TVA r dL 'LAS"" DU . LerlfXr 30 CI 6001 r.) toss rlt fatties and fora p,,petnes en ddMrrnance bare inith slaws .a e n ar•raw if steno mfr .hirr be ococebie enr evrrsrgeIe, C'rhor &dines may eP& cried tuck iv Lit Cam IncoW by othro pr?tar ba onvectiort I,) Rio estu&r mtm prjred arIreeudi the twee sit o tinecovnewlmeet lineebre t to i, ine. Ms nS raettrrtteit w seer ray clher e tscen r;, rf9Ootl Of gay. ruiforces and 4r Mr ternenr1 oi' recvnd areas gas slcwc horror' s,j Ns MOW f! n,1 a kind new l or +ur xrowertaeeI . ran y p+kr el .'s r -q1 EP be red liPor F4nrthig P[ +t hnuet0 of r lord Mooch*, r000r ole Nett, bitistet9, ar (Oar urpronmci11 Ws. 4) B+��e,,47rincs�rshrF./n UINT l oak ba rd a CPS fAl ,Naelons c.t/O1r� lA 010E;reNf1,� .f„ieAni t&er Stories &ffer rf bi Gbh• M.G.S. GOD_ pruirated' tip ��agrmi, 4 r4 1.'p1 qd t &.1 h R knee tit .R'S J8 -`2 —WS & tux'), t f crs Moon l xe&r drl.' 14 15 Sun* h4 G1�i4] etitainte plar wie to Warn IS aXr a a'Aislerrealr5t. a 0 299 22 762 , i) NOTICE: Accord to Colemn Ow you awry entm rrta coy Wad ardor :used open any de rv? r taut :army alrtt* Wed boa otter you tifsl fiver $ueltdetorl. tra tta &est..rr,?r r any+ MIS wed town a+y &feet Hits w+ty be ce nirrre;nc'd to Mir. ten yoga !Wort. fro Mr of rho ca rl'.tka n *nor roman. 6., r , ?r{lrhu1 *nu prgespred kJ, Sri A. Pte: pas 747, y, kw ski a' 1ha►► or Acirtpim, s r9 r %gide sh., s rr 7,, rrrriohI'exj, C'GP QJ. 4' SUED' OF 2 RBrr„Ea- U U, ra;, r5 a) Acklam, thew. Tcn,Vwrkh SC, Sun 7 ,BrioNclo CO, 6.0501 KERR-MCGEE GAThER?NG LL.C EXHIBIT "A" RIGHT OF WAY LANDS 5WT/4 SECTION 5 TUN RCZW 6TH PA WELD COUNTY, COLORADO SC4it1s , WE Q4P2/14 IGO I ra; ?OW MIL ST ro NELSON A h' s"'fialeGunE 4232988 091M/2016 08A7 AM Page 5of5 WCR 3B I M I. I I I. I I 1. 1 SITS` WCR 3Q LL7 6 NOM SECTION MAP 1"=BOO' Lain ANC RIGHT OF WAY UNE TABLE Ll?_Sr O�' 1 l'22. Er 1.��=#, 89"42'38* G +38' 1-14 1'17720" 77, ga' 235.45' 27'0.67' TOTAL CE 'L E 1 ', 3078.05 FT OPEN - n tit' LINE _ L2 I ERUiVE .RIGHT OF WA V OWES FA mI Y REVOCABLE TRUST OF SEPT 17, 2004 LOT 8 RE -3506 NE1/4 SECTION 6 T3N R671116TH CENTUIDJ4+F RIGHT OF WA r 7 �J 2511 TIPofARr liarikSFAc( TYP :CAL RIGHT ('F WAY DS -TM _sons im 'r!1/4 PER PIA QF Rtent LAE +EI, �a PM 411T f E -]OW 300' 6D0' i 615 Jar Attat CAP P'.5 7242 ( iii TO P1).i9, N 0971442a 1 '42 a it 325 S'') Ida Cfl esti C0SPNG SINE r`MAW Mc P 'F'L& t'9: I/4 CORNY are Vat .S` CM CAP P.O.T. — PLS 25,37! (SSW FIE TO P4.1. � r4rr p *ten:vtih4d from 'hoot: ;Jugged ayid .a %fart Itcbtiorss �:I shMrn nil rat be ouvioile .k 4.��rlid� �I gli(rl�eq. end Iprar' z mpl e. Other titales innit read and are in be held bet! hy lathers Friar ya rr+ t =.) Ms dueu M. _i 001 a i nd surety plat or i'mproiteineng singly plat II is not to M relee upon leo tha. artublisiottenl el any load t undirya Emmet( dFt , thiliccris4 Or &Purr future impct.virnent (nes 3,) IUI direditita, fortarce5 oil dAn* show Ninon oihe owed on geminates Irani kM 'ctlarnan rife*M* soil*," of 19&3 go./ Midi SZ 01 Tit*• 38 I.R.5) esItibrarad using 13,111 c,►',5. larh nqun entI/Qr the Chloe PaitioNeg Use r oitemEd by roar M,G,5,,. Combined Fqcl.gr ( O a D.999959G34, I/CF=q..00DO4O370 4,) 1Y4 ' Acccxdi,l hr md# do yam nimit cornpriento burr '&01 'ge red spun any d ad in, Mil eAinkey within Ihree tiller you hind erisrooftr sutrh detect In Nei ill may any oaten hrt'Ro ii an nny Sick in Ws ant, be tornomenced more Ihcn lea jtpty from the dots ml the ct:lifiSbn shown ht 5.) This Craut$ roe prtPerod b7° hien A IVO, P15 36073, for and on r vli et plena, Inc. 195 Telluride St, Stilt 1. BAghten, it HOD' Ackiom, Inc a 5 Ttli'iwnde S' I. , Serra 7 Eldrta n GO, BOW: KERB- c G EE GATHERING t i C EXHIBIT "A" RIGHT OF WAY LANDS NE1/4 SECTION & T3I4 RS7W 6TH PM, WELD COUNTY, COLORADO 66'2!'4.3' W 93-17) f SPOT 211F2 Ptinsa Y1111/15Oat C) 3014.- Tea7240' iQ4TE,04/04 KB Nor: WO OR we sr Watiii To !ELKIN HE 21MOMPa 4008270 04/10/2014 03.12 PM Total Pages: 3 Rec Fee: 21.00 Steve Moreno a Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made' 21 day of February, 2014 from Gary L McLaughlin and Kathleen McLaughlin, whose address is 16191 Veld County Road 17, Platteville, Colorado 80651 c'crantora, whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado Limited liability company, whose address is 1099 18th Street Suite 1800, Denver, Colorado 00202 ("KMGG"). The parties agree as follows. For and in consideration of Ten Dollars ($10_00) and other good and valuable consideration, the receipt and sufficiency cf which are hereby acknowledged, Grantor hereby grants:, conveys and warrants unto x.MG ', its successors and assigns, a perp'etua, right -cot -way and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove and release, at K G's election, one or more pipeline, below ground electric power lines and data transmission lines and equipment, and all appurtenances, below anditr above ground., necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, eledronlo data, hydro:arbons and any other substances r whether electronic: fluids said or gaseous. and any product , derivatives, combinations or mixtures of any of the foregoing, IR on, over, under, or through the lands situated in Weld County. State of Colorado being described as follows: TOWNSHIP 3 NORTH RANGE 67 WEST; r PM Section ' Part of the Southeast Quarter (SEM) The route and course of the right-of-way and easement conveyed hereby ('Right -of -Way Lands") are more particularly described on Exhibit e.A" attached hereto and made a part hereof, The width of the Right -of -Way Lands is one hundred feet (WO) during construction, and subsequent to construction the width ref the Right -of -Way Lands is seventy-five feet (75?)_ Any deviation in the rate and course ccf the Right -of -Way Lands as described on Exhibit aA- shah require the consent af-the Grantor. it there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees that upon request from KMGG the patties will execute .a Notice cif Pipeline Location along with an as -built survey piat to amend the description of the Right -of -Way Lands,. From time to time after the initial construction of the pip►etine(s), KMGG may require the use of the construction work space depicted on said Exhibit. ,"AAA to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon dr remove the pipeline(s) together with appurtenances MOO'S may use the construction wad( space from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable notice of such use one provided further that it restores the same as provided below when not in use. Grantor represents and warrants to KMOG that Grantor is the sole owner in fee simple of the Fight -of -Way Lands subject to the burden of the Right-of-AA/ay and that Grantor lias Bail right, power and authority to enter into this Grant. Any pipelines and/or appurtenances to be constructed underground pursuant to this Grant shall be placed at a depth of not less than 36 inches below the surface of the ground_ Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. WIGS shall repair and/or restore any fences) on or adjacent to the Right -©f -Way Lands that are removed or severed by Ktv1GG in the course of the operations provided for in this Grant to the condition such fence was in prior to its removal or severance by KMGG If necessary to prevent the escape ofGrantor's livestock., G shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant To the extent reasonably practicable and within a reasonable period of time after completion of constructions KMGG shall level and restore any lands affected by MM GG us operations that have excessive settling and shall sufficiently corrpact the soil to the cond Lion that existed at the time immediately prior to the p4cement of ICUs pipeline(s). Grantor agrees that Grantor w ilp not build, create, or construct, or permit to be built, created or constructed. any obstruction. building, fence_ reservoir, engineering works or other structures or improvements over, under, on or across the Right -cif -Way Lands without the prior written consent of KMGG. KMGG shall have al rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not i mited to The rights of ingress and egress over and across Grantor's lands lying adjacent to the i igl f -Way Lands for any and all purposes necessary or incidental to exercising KM ' '% rights hereunder. Grantor agrees that at G 's option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed 3N.6 W -S SE/04 1 I.foustor 9.1312 well colt-teta 4008270 04 0/2014 03:12 PM Page 2of3 on of ayaonst the lands burdened by the Right -of -Way easement, If KWIGG exercises such option, KMGG shall h6 subrogatf d to the rights of the party to whom payment is made. and in addition to its other rights, may, reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor from K GG KIMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the R€ght-of-Way Lands contrary to the terms contained herein, and Grantor shall pay for, reimburse, indemnify and hold KPAGG harmless from any and all claims or damages resulting fromGrantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the. Right -of -Way Lands, subject to the rights herein grunted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and by am authorized representative of MAGI_& The rights granted herein may be assigned in * ore or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be bmcling Lipon the successors and assigns of Grantor and of KMGG, KMGG shall record an original of this Right -of -Way Grant or a MernorAndum of Right -of. Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant or a Memorandum of Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof, Thiq Grant may be executed in counterparts, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, KPAGG has executed and Grantor has executed and delivered this Fight -of -Way Grant as of the date first shove written. Grantor(s): Gary L.1 ,cughtin a.thleen McLaughlin STATE OF COLORAr ss4 COUNTY OF WELD The foregoing instrument was acknowledged before me this ..4.. day of February. 2014, by Gary, L. McLaughiin and Kathleen McLau hlin1 Witness my hand and official Seal. My Commission Expires: ,._..., F: „ r -p JJJJ' J 1� r 1 +eta ''ub)i m`' fa: .' 'lcLaugtliu 314-67W4 SE M 2 Houston 9-812 well connect 4008270 04/10/2014 03:12 PM Page 3 of 3 GARY L Se++ JJ CCT LEEN MCL4�}hL? —_,-- N ES 6 - --..ac I�rrvv n lr. E.:rll GARY & le KATHLEEN 'CLAIJGH.LTh SE14 SECTION R6711\41 6TH PM 354 PUBLIC 5U 'W1CC Vattern REC j 2553174 Jaw 50' I af it SAM= S 3 T 0' • - P.0.T. IN cr. :r L4 -ale TES r: w 1/4 CORNER Si. E/SEC Q 3254 E PIS �j • TIE r I LU1 (SURVEY D PrOs e 8757100. 03$$-$S) SKILAR R V HOUSTON zs' ►i.- PE Alice foiCAKSPACE �K. _ TYPICAL RIAT.,QF. #At DETAIL ea1QV EXISTh. PIPELINE eslVI' tit , ' ' 4JNL aSCII111- - s tri ru ttl 6+ a 30' !MUSS/EGRESS EPID1* c '. ukultox LI =S 8f'53'3f" 'w L.27=N 0118123. Li3=N 451.43155r 14I,00 eingtet W 116.3,3V 107729' 217.22' 1'98,46' etfrz cc Tat CAE = 3758,1 FT CENTERUNE RICIHT Of WAY Jr'. CENTRAL. 'WEL° COUNTY WAFER NSM:CT F ' * MENT AND RF..GHT CW WAY R EC f 26B5108 ar'r+ fT �~ 1 30Q' AL$ „ear ditli114 V4,11 arc r is L)8Sl iNC tr 'NM ER' lite: �..r3nsr� 6'104 Iii t Si St S ISM !WSW 1- Lcdkw Saila phlegm's lenteitlemirlet inxt ;t h slea4; Icas Those e a troy im4 ba &c arm cw i CM *tRir WTI 41ifkira mei r giii crieil we 1,rj lige 44.11 lc' by Our& prior Q tire an.. 1�,,,,��.',,F��.pr dummied {s ri : bold *Lai y pick iir comment e? �tvL.. 11 =r- Fenl ft big F + h , tit MI aryl tarn fT5a emir +r er t, Woe; ole'; YfiYl4Y,f,�lr�y9�et othert. ell.i&* Ifnpo cK rn 41, Eros,, 7 'tee y A� g rFt, 3.) ?ti iro:Alu z skluncei +and rr f1 'Dior rf. �'•a'i'J or- itmeinactivs ri hl Tikeit .91 a6GIrdtieldi 'AVM IAM Ma (Mirk 52 ti !Rio C. RAJ nte435alled 'wit Rrc.. c.P,5. Irrsiviira . MOD; tht. CRQme Ilot!&fig. Us Sr'R gird Lilimi KOS, U#ntliivi.n Re* (cf)1an9srfn9S a I/ct' i.cau f 43 22 �.1 huiAa64d3thg lu taiouia Ir r''rj must t7P vnalue any ;art Crika Mee upon n,y Autnri In This =raw r 45ir fret; ?eery ,ri'ltr Ott list &imaw wets 4ie rct no event yoaf r„atkm bc-sed inn gay ale =ft t.this ewe" be- territnenoed Tore to'mar* fry the 4,1k* i1 'thn+ i1 a ;a teem, Mrli, toggisit viin ia* lay 4rirrk A 35173, Pro and on trlRil#'t Jdora, 166_ l TeVuulde a,- Trite 7, broltions G:a RU}t. rr 4ckThm, Inc 1 95 roll 7rkji* Si. , Guile 7 E hr pk♦Ibn CO. WW1 KEPR-McGEE GATHERING LW EXHIBIT " C RIGHT OF WAY LANDS S€1/4 SECTION 8 T3N R67WW 6TH PM WELD COUNTY, COLORADO i u ... u..mt. 1 11 6 2,5" AWk1.. CAP s LS 243115 (SUF ' .Y TIE TO P.( -1 . OTt3129 W 1 1;',:: r) SCALE: 1 e44 . .IA?' 02/1.3/'14 4469474 ragas: 1 of 2 06/22/2016 01:09 PM R F en st 8.00 Ca r l k K apps# , Clerk and Recorder Weld Goofl t y , CO Ill frc •iiM1Iik ik IP II li AMENDMENT OF PERMANENT .T EASEMENT & TEMPORARY CONSTRUCTION EASEMENT THIS AMENDMENT OF PERMANENT EA MENT & TEMPORARY CONSTRUCTION EASEMENT ('Amendment'') made this Indlay of , 2018, by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation PSCo' , and KERR-MCGEE GATHERING LLC, a Colorado limited liability company ("Kfil1GG" , whose address is 1099 l8° Street, Denver. Colorado 802o2_ PSCo and KMGG may be referred to herein individually as a "Party" or collectively as the'Part5es," WHEREAS, by instrument dated September 3, 2014 and recorded December 9, 2014, at Reception Number 4067128 of the Records of the Weld County Clerk and Recordecr's Office, PSCo, as Grantor, conve.yed to EGG, as Grantee, a perpetual non-exclusive easement and a temporary construction easement (the ' Easernen "J,, in, on, over, under, or through the following lands situated in Weld County, Colorado: TOWNSHIP 3 NORTH, RANGE 67 WEST, 6TH PM Section 9' A part of the South Half at the South Half (S/2S/2) Section 1D: A part cif the Southwest Quarter of the Southwest'Quarter (SWr 4 14) WHEREAS, at the time of the Easement, iin the first paragraph KMGG was granted the rights for ''one or more, tout not to exceed a total of three pipelines", The Parties desire to amend the Easement by replacing that language with 'one or more, but not to exceed a total of four pipellne_s" WHEREAS the patties desire :o further amend the Easement by deleting the second paragraph and replacing it with the paragraph as rridccated NOW, THEREFORE. in consideration of Ten Dollars ($1O,00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Fades mutually agree to the followng amendments to the Easement: 1 First paragraph. In the first paragraph of the Easement the language `'ore or more, but not to exceed a total of three pipelines" will be replaced "one or more, but not to exceed a total of four pipelines" Second Paragraph. The second paragraph of the Easement after the preamble, is hereby deleted and replaced with the following: Grantor does also hereby GRANT, EARG INei SELL and CONVEY unto Grantee temporary workspace on an AS -JS, WHERE IS basis, as more particularly described in Exhibit "A" attached hereto in order to construct the Pipeline and any appurtenant facilities in, over, through, across„ under, and along the Permanent Easement (the "Temporary Construction Easement). The term. of the Temporary Construction Easement shalt be for a period of 120 days from the commencement of construction. Commencement of construction is defined as the digging of trenches or the preparation of the bore machines in the Temporary Construction Easement or the Permanent Easement to begin the installation of the pipeline. However, If Grantee has corpheted its use of the Temporary Construction Easement prior to the end of the 120 days, then Grantee shall provide within five (5) business days after Completion of its use, written notice thereof to Grantor, and the Temporary Construction Easement shall immediately terminate_ All rights., duties and/or obligations arising hereunder shall apply to the Temporary Construction Easement only during the periods) that the Temporary Construction Easement is in effect., unless the right, duty or obligation su.ives the termination of the Temporary Construction Easement as otherwise set forth herein. 3. Ratification/Superseding Effect, Except as specifically amended by this Amendment and except to the extent necessary to conform to and incorporate the terms of this Amendment, the terms and conditions included in the Easementshall continue in full force and effect In the event of a conflict between this Amendment and the Easement as to a matter covered herein, this Amendment shall control. I 4409474 Pages; 2 of 2 06/22/2016 01:0S P11 R Fec $]e, e Carly Kcppot _ine. arnJ liii W)jI j/,'k4!'1Iii ilk' I i V Ili K it' 1Pt'1J Iv) , VI 4. Birdinc ors Successors and Assigris/Covenant that Runs with Lamed, This Amendment and the Easement are binding on the Parties and their successors and assigns end inures to their benefit. This Amendment and the Easement shall be covenants that run with the land. Counter;arts, The Parties may execute and deliver this Amendment ]in any number of counterparts., including facsimile and ,pdf format counterparts, each of which is, deemed an original, but all of which constitute the same instrument. 6 Recording This Amendment shall be recorded with the Clerk and Recorder of Weld County, Colorado. IN WITNESS WHEREOF, the Parts have caused this Amendment to be executed by duly authorized representatives on the dates set forth in the acknowledgments, to be effective as of the date first above wvrit'en. GRANTOR: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation By: Michael Diehl, anager Siting & Land Rights Public Service Company of Colorado GRANTEE: KERR-MCGEE GATHERING LLC, a Colorado limited liability company Bar;1 )- z�,.. Lindsay N. Jaffe, Agent,& orney-in-Pact STA T �E OF COLORADO ) ss. CITY & COUNTY OF DENVER s ph? ftt- The foregoing rnstrlunent was acknowtedged before me this the J days of June 2018 by Michael E, Diehl,, Manager of Siting & Land Rights for Public Service Company of Colorado. Commission expires: Qc.Rb,2r 5/1201S° Witness my hand and official seal. (SEAL) JEFFREY A WALKS' lC1A Y RUBUC STAIFE OF COLORADO NOT!" ID Z004048361 hit MUM IUSI0NROM _. a STATE OF COLORADO CITY AND COUNTY OF DENVER 2 ss_ I) The foregoing instrument was acknowledged before me this day of ; 2018, by Lindsay N. Jaffee, as Agent & Atto r ,ey- n -Fact for Kerr-McGee Gathering LLC. a Colorado f i rooted liability company, on behalf of such company. Witness my hand and officiaU Seal, My CommissionExpires: J r l - 2G22 PATRICK J. BILL-ADEAu NOTARY PUBLIC. STATE OF COLORADO Notary Public: NOTARY ICI 20144000675 MY COMMISSION EXPIFI E$ JANUARY 07.2022 4067126 12109/2014 1 ;3 PM Total Pages. 9 Ret Fee: $1.00 Sieve Moreno - .ler* and Recorder, Weed County, Co PERMANENT ELLSEMLNT 1i E herrogiaty CONSTRUCTION EASEMENT +p. t reffitltelIT : eintiat And the included. Terripotaiy Constriction 11i2seinera f,4"Sasertientr). dated the .day of w. ` o a 2014, axe maa c by Public Service Comm y al Colorado, a Coleman 6 cozpc adon chetrinafter teitucti to C aat ", lit.ether thui rr tre), cur this wie ant befit cif gencialeGer Gathering LC, u Colorado 1i a ilhtcompai , 1099 16th_ Siceet,.Stalin tag), Denver, &him& SOZOZ. anti it, $ucceuuots and permitt Amyl& (such entity ;Ind if successors pentitted astsagtn ate ieO]]e ciatr ly tefenivd t€s as "Grantee". ". For the ccastleaaL ' of TEN N N /100 Doi 1.OMo and °t3 d anal. ruble coita daition. t`hL apt and su i i t:1- of Chia: 2m 'hat acknowledged, Sranter does bereby GRANT. BARGAIN, SELL and CONVEY -unto Cants: attd its snnncessmrs and .pertained asses Of perpetwil aon..archmin cascnent Isom sitverai to ont haadred foot wide as xurnc pa ta. iaxlr own ; cubit "A" %t-talelvDecl haetc, <Alt Pal. AS S, WHERE FS, bass in otdei try wristrott, wet -ate., milutain, repair and reptace one for tnase, but fist tc occecl ,}i total or t pipoliacic product ctiattgt without witch ?emission n from Cantor ri,tri Call .% .sok di do ), fog the. tratispomuion of locur pissum yawn] , , suet cater, not to exceed twenty four irclits (24") La noird sal j c di l-per.er, and an appurtenant f tic (Coil cuveiy tamed- tc in thtP 'Pipelines') in, Qvta~, riltra4tis 2CrO . under, arid Alcoa; land owned by the Grantor (the' 1.a nds"), as more particularly described in. Exhibit "A" nce Perm anett --t e f 1. Otainos dyes ali cx klextlxy GRANT, BARGAIN SELL and CONVPY unto G -s ntet temporal londtsplcir citt -.I . WIMRE IS bah,1as Mrs piuxkt l,arly described A, Eft Cps n attache.d hereto itt oi*z Psi. c scPict the Pipeline% sand any appurtenant Facilities la, over, Through, actoss. ua . i, lad -along the Pest -mast- Ea teat (the derempotatIr ConsitatCtior4 ILatt . f . The trm, ' the Tenworary Cionmactor Honameten Nis fat a period tiona the date of e~tecittiuu of this document up ,to and inchiding Febawy 1, 2013. However, If Grantee lies completed its r g the.. -, r,.ro-. Construction Eattment r to Fela.r � l 2015, then Grantee 5Ka l provide wig -c (5) Feb-arts,. business dal alter co pleton of it use, withittit a►>`a tl tin eef to Granter, at i the temporary Constritlicnoen Easement shalt immediately tientioate. sou xiebu£J duties arsd/ot obligairqus nisirkg h reuncler.- lint apps tq the T po as Construe '. e ! caniv doting *At per -(5) law the T psi rT Cos tt tioo. Listmeat is in grids unless the tie:, duty or oblig2Oon.stuvives the teursinatiofn of the Tcraporary Construction Pstiast nenua$ otherwise se forth ligtein, THIS GRANT OF EAs '=' si3s.o nzblic7t to the following: - The right to use the Ilk -mails sbali belono to the Onitce and is n ►e em ye , ceirmanti... trines, SUCCenati ad penniited Assigns, ;tt .attics alt those Acting bylat nn bed of Grantee (trzintee Pat' 2i) for the puiposeset Apr. -list,. arablishitis, larks, corrsts-rithugi, recpritsrpatliagtinatillies.:-e2.1 -rants& sa,cdi ri Lepbcfrig. add appuW:+ as t a1 in& subsetitutiskt, o1 erdng4 maintaining, =cowing, inapectkg, retrain& protecting,rtl ffi F telocuing,anddtw n. t]t to w w r outta a the Papelituts within tbe Permanent Eislemenk ind rcrtyring rt ��1�, .in. whole c,t in paw the Pipelines, fdie sole protipoies sa forth bctek. tither with above:- and below-grnu r app�xte��. at., may be ts:�x,►� �r a��:��r�bie for the operation of the Pipelines, a., *toss, wider tnd , -� the Permanent Easethrti skthfret to the prior tpprotal of Chantar to the extent specifically required hertiitt and. pthildet to the <k t. Imitations :tnd, unions Stated hareaftet, including without limitation, won 2 below, -Gran ,thin b lei* dints to a criblimurn depth of r a r t ,t i hec (On mow tits : ce: c X th prialad and any then-eSting drainage ditches, ten,creeks anti load -send a maximum depth off° ten fit (SGT, below the surfrce of the.ground (except t 5.1 Sc: n 9,, as reriecteri in Exhibit IreliJkij. where the Pi c:lt is nay aced up to kttr ('scat (401 below s't ►lc1 ISrfxxc in Arras that it must be pkteed Wow the r e), 41i 4i to aact shall be limited to st 1Aow seat & nitbaaacd up to a mowof tiny 'feet 1:311?) ground teach= iri at* ,.ns , th.x: = ccep on that in SeCutt 9, i :areas wbr rs the Pipelines are placed below the.ace-A soil (lie 's IhaR . limited, to di&turbaTott up to a maximum at &TY 'kg' bdow sun rrutiltre. SSpatce shall most that 1. t Pipchn s are constructisci 1 a adetliiatery teal tc low in, consideration of the bpi*r} equipment arid inoclairteryeartitliza tee% Gillian' in othr s tzt ize nr rosy tat in t1x it Pik)? opentk s. Mitinnuat separation- ditztance be• .t. lac Pirelores flintiGrantor's flpclt shill be teal feet x(10, lio.tizma and twenty four inches C'?.. ) WI*2llu, 3. Granter skill blirM Ow 13gh” of e- s. ctSs, accts in. to, throw,, on,, love; d, Slid lams the s ► ants aaldWas sata 10Yana arty public road or putter dghtsnottway ox other easement to viikief4 free has the risk to west and Moat any rosdi doignated by Gramm, for :ray and all putroses necendary andjog ictddcat to the c<ctert$4 by rim Grantee of the rights ataad to it hrsntndar4. Graute.t shal promptly repair any damage to Grantor's toads caused by Grasse so 2S to maintain they roads in ire. good as or betterx condition earl ested prior -! use lay 'Grantee. Mairiatittill separation distance between Pirates ar electric miPpZl' swum= tea` giotai;y5a` shah lafe art. • feet (50), ,. Subiectl to t requiternerits Griliesee a3! lave the gt a *civet the exact icscotion cif the Piptlinei vvichuk the Permanent Pasasemeentt 1'ut-thtr,. subject ,to Grant= confirmingin -51...rtitips no itae,rfeirette % t i the lais and Cetara:os's use thereat', Witter shill hart the aright toCOAStrilltt, satiatain sa d clizoge sieges of cuts and alb to are [limper bikini Lei subjacent suppcat for std &mine lot the Pipelines nth appurtenant Iiva1itie Telatrd to this Sara pru►e pzcvKle )1CrtitenT, tat Gaitreie shall i'abrxtit to Grantor Jain its pima' mitten. apprc ai any and, sa pl: as fez say. KTR ane'tt their Of tkV;, cut* and fills to eristue that such_ thautres. do n i ifodetkise with 'fart-autoili . tannin e$ consent to any : cuts or es, shall nor fry r1 at-onatior :4rbitanly withheld, bm.aily be conditinned +tom coraplianot with ftederalt, state, tawny or other local ri ses r rlati i . a: ice inotusiottd, tt:h uai at Grants. cons ets th' reasoriabk santlards or tritittia tint may from line to time be applicable to the operate tt Grodatoes 'Existing at Net Power Pactilitie - as defined belowt The mum of clam tt. tion ate slabitct try the duti , linicatiorri and restictions stated hereafter, iniciaadim&:without Section 2 fib ate. 5. Subject to the terms of this Section, QtautOt hscrc the to rcrekpot i y =DM.:a any fence that noso: way cram the r se ments dufing ijii si-+ stra form of the Pipetit= provided rbsr it provides adequaie temporary reacting to cm= that Grantor's pxopectica vitas- fenced h public -At I pct s a manes s satisfactory t i G antnr. Pets! 4067128 12/09/2014 12 32 PM Page 2of9 to cutting any fence, however, Grantee cilia _ brace the 'misting fence to be cut adequately on both sides of the proposed cut by suitable M -b wes to prevent the aarrtainder of the fence from sagging, Before the fete wire is qtr it s too be attached to the posts n a =inner such tint there will he nor slackeningoof damage to the . Each such t pp is to be reinforced so as to be strong enough to prevent livestock, from passing tough same. Upon completion of .di] construction optrationt. mat vire gap will be =Loved and a pertrunenr gate Smiled, which ga.re shall be onnsimeredl mu of 4ntiat or better vade rnatezi.t than already toed for misting gates an the property. Each entry and St gate. shy be securely chased and locked, ewer when Grantee or ivo Authorized personnel ice actually passing tluouugia 52111e. 6- Grantor may use the Easements for any and all purposes not inconsistent with the purposes set fob hereunder„ including without limitation the purposes set forth below. (a) &motor reserves the right to use the Basements lot a residential, *cultural, re riots, commercial and industrial purposes; provided. that Grantor shall mat con ~truct any improvements on the Re tat Easement which would unreasonably interfere with Grgaleet e'eaciht of thc rights herein conveyed. Gramor,Grantor's heirs, successors and assigns sthan have the right, after review arid approval by Grantee (not to be 9nsrea.so hk oixtithhelid, conditioned ot dewed)., to construct, reconstruct or .rata streets, roads or ask road ditches, drainage Birches and. t'r'ibes for the purposes stated above in this': paragraph 6Cal, at any angle of not less than forty -Free (45) degrees to G tee's Pipelines oret and across the Petmarterti Basement et such place or places as motor fray from time to time hereafter select for public or pritaitt use, provided that all. of Grantee's required and applicable spacing, including depth separation limits and other protective requirements, are met by Grantor (b) Subjea to the restriotians and limitations set forth herein,Grantor rues the tight to use and occupy the Easceeats fox any purpose not inconsistent with the rights and privileges h+etein granted and which -will not .Mite 1. re with or materially endanger any of the Pipelines or use thereof, iucluding without limitation, the right to have ingress and egress over and across the surface of the Easements and to construes maintain, is:ttiprove, or reconstruct Site improvements (as defined bciow) on the Easements so long as the Site Irnprovaements ate designe4 constructed), located, rnuanraiiied,, operated and used in c rfln :er float does riot .materially intellect with the Pipelines ot the exercise of Grantee's right weer this grant of Easements. (c) For die ptupose of these Easements,"Site Improvements" means impmve.merrt for the u:ge and benefit of the property or Grantor's business operations on +l cla the Easements are located, and includes,. bin is not limited : agd excavation; ins talldQn of underground utiii s; access roadways and curb and garter, side, drainage. facilities and medians that :are designed as part of a roadway; and paved puking az Ind lips The team "Site Improveaeats" 25 used herein shall not include temporary cr permanent building;, or occupied structures of any kind. in order to .assure that Site Imprnvnem.ents that may hereafter be installed., reheated, reconstituted or substantially modified by or on behalf of Grantor (and any work, or activity, including the use of ccnstrucaon egnipment related thereto) will not unreasonably interfere with the Pipelines wirbM 'flit Pearhanent E seine tt1 Grantor frees that no Site Improvements shall be comsccte&,, installed., relocated, ;substan y modified or reconstructed an, over, ncrasss or under the Easements (whsle same is in effect) by any Grantor without Grantor obtaining Grantee's prior written consent to plans end specifications for such. Site Insprovernents. Grantees consent tr, any Site Improvements shall not be unreasonably or arbitrarily withheld conditioned or delayed, bur may be c itioned on compliance- with %Jet t, sure, county or other local, atr.1les, reguLitons, or other professional, technical or Grantee's corametdaily reasonable standards or ez team,, including safety criteria., which may from time to Time be applicable o coin act on activities or t instAllation. construction, alteration, modification, or operation. :and use of the particular type of Site Improvement proximity to the Pipelines much are installed on, or pltiarted fox, the Easetnentt, Ninwxthstandmg any provisions to the contt3 contained in the Easements, Grantee a owle-dges that Grantor reserves the right to tt-instali, operate* .impair, remove, replace, reconstruct, alter, ehaogC the height and capacity of the transmission l est par I, inspect, improve:, enlarge, remove, and makitain ca, over, usider, and across the: Easements any and. all currently existing structures, facilities ox insral.lations used for ot related to pea generation, trausinissiou or distribution ("Existing Power Facilities,. Moreover. Grantor" shall have thc r gb t to nproge, or taxes within the Easements the towers of Existing pc+w r i aciLd s aad/or build and install new power fad ities ("New Power Fa i1i.nes"), on any of Gran tors property that is subject to the Easements; provided, however, in the event of any New Power Facilities. that Granter may desire to install, Grantor shall give reasonable notice to and consult with. Grantee regarding the necessity of compliance with federal, state, county or other local rules repdations, nth. may from time to arse be applicable to, construction acdvities az the installation, construction._ alteration, modification, or operation and use of the particular type of New e,w Power Facility in proximity to the Pipelines which, are instilled on, ot pled for, the Easements and, to the eScent such New Power facilities do interfere faith the safe operations of the Pipelines, consider alternative locations of such New Power Facilities tat will not so interfere anti are caram erriCkilly feasible for Crgamoz. Except as set forth herein., .not permitted to conduct any of the following activities on the Basements. (1) cons ct any temporary or permanent 'uilding; (2) (Id" or operate any l; (3) actively remove : soil or change the grade or slope: (4) imps ad .face water; or (5) plant tees or landscaping; or (6) establish or alaintaiA occupied StrktertSta of any type. 8.: Grantee has the ri?}ht to mow the Pennant 'Easement and to trim or cut down or eliminate trees or rublieru, in the sole judgment of Grantee, its successors and peiairted assigns, as may be necessary to prevent possible interference iv,ith the operation. of the Pipelines and to removepossible hazard(s) thereto, which, in the zcaaeaable 3udgmevt of the Grantee, may ens anger or interfere with the safe operation of the Pipelines and appurtenant facilities. All trees, brr.,i�r and other debris -caused by construction AO be removed to as authorized disposal site. by Grantee" 9. Grantor shah retain all the oil% gas, mid other otei r ("l hcni Rights") an, on and under the Easements to which it may hold title; so as not to material 1, interfere with dame or destroy antes use of the Ease eats. Grantot makes 4067128 12/09/2014 12:32 PM Page 3 of 9 ac tcprescoration of to tk as to the tale of oil; g-33 car other mineral rights an the propertyor the restencc cr c4isten cc cf cUrs+eatly-held letsee rot mineral esploration, e:�ttacrtia�n, produ c rr and or development ;I0. Grantee agrees that it and Grantee Periiee sh.all raamnply, et its sole cost and at no cost to Grantor, with all appliceb1e ftl e;4 slateand local laws, riles? covenants, anti r'er.ilations which are applicable to Grantee's el:deities he-rcunder, including elithour Limitation, the construction, alteration, operation, maintenance,, repair, service, [epktcemenr and tenzoval of Grantee's Pipelines, associated equipment and appurtenances thereto. Prior to commencing any .ctks ties. ander this P eras anent Easement 8c Temporary Coastraction E TI Ser ca; Grantee shall comply with any and ail tagnireri emts related with the Lands fat being used as a nuclear facility, including those a.sso red with the ctuteurt storage of spent fuel at eat independent Spent Fuel Storage Installation, ("ISFsr) owned and operated by the United Statue Department of Energy (tOE")4 Grantee shall nor instd1 pew Pipelines within one-half mile of the tSFSI, located. adjacent to the Lands, bane Department of Energy obtains approval from the Nuclear Regulatory Commission. Gnutot shall reasonably cooperate with the Gra.ntet, at no ccst to Granret, to request the DOE use. its best efforts to obtain such approval, if requested to do so by the Grantee in wz do It +Goatee Iva insofar as seasonally pnnc.dc2bke, level., re -grade, and reseed the .ground disturbed by Gxntee°s ose of the Easerneats and will maintain the, Easements clan of ill liner end trash dwing pods of WWI cU n, operation, alaiaterianCe7 repair or retrieval Garnet will renien the soil Iron excavations in the same order as existed prior to ticavatiOn and cccsnsnit Wial, Grantor's tenant on re -seeding end: rtSteed in compliance with. teneentis reascuabte recommendation— The excavated area XI1 be compacted, seeded and cthnped_ in with straw so that livestock able to EreeLy pass over the excavated area immediately aaftee the excavation is Elect in. Access will be assured to both sides of and, etavating sluts coincstc iori to allow for usimpeded livestock travel at all trees, Pipe will be fitted so Thar rase, by livestock from one field to anothet Will not be impeded.. it is critical that the entire Lands be Available to the tenant at WI times except tot the short sections under construct:ton. All construction debris shall be moaned up mid removed from, Grantor's lands upon completion of installation and C01723121.1Clieri of the Pipelines by Granter. Reseedens will be ao Grantors ;petrification and/or those required by Weld County. 1 Grgintee sbail use the Eascmmt3 solely for the purposes speafied hiestunder. There shall be no hunting or fishins on the Easements yr any of Grantor's lands by Grantee of Gtantee pies at any time, and there shall be no use ( the.. roundwat r at :any tine_. No &enatne ox lasking equipment shell be taken on the Easements by Gr net or Grantee 1 artier t an -y rime. 13, Cathodic protection test stations, as necessary' to= the option of the Pipelin'nes, as deteunined by Grantee!, may be pieced by Grantee at the juncMara of the Peaent# Easement and the fence lines on Qranto.fs property- Grantee shall submit to Grantor for its -pilot wooeea approval any and all plans for the installation of atest station or- oilier Pipelines sprustenance. including 'thnoted on Exhibit "A as attated. Grantor's consent n any 'appurtenance. shall not be unreasonably or erbitrainly withheld, bet may be conditioned on, coc'splienc a with federal, stab, county or other. local .ruler, regulations.. or other professional, technical of Grantor's coimmetrhally reasonable standards or ct4, which r *y from time to time be applicable to the o p erg n a or Grantees - t g or New Per Facilities. 14. The cathodic protection voltages applied rc the Pipelines could cause ground its, which gild cause corrosion of the foundations or group system of the electric autpply nines. The Grantee wall reimburse the Grantor any cost aSSOCi tied With mitigation or repair of actual damage or modX-catioes nccdcd to rn.itigatc &twee dsmage to the electric supply line's foundation or grounding system caused by piotecon cunents from the. Pipelines. 15. Grantee shall be responsible to peotect its fattiest employees, and the public from -ant: prise -nit or Armee electromagnetic effects which may awe in the electric supply lines, The Grantee shall pay for any studies and Sprovemenu to its facilities necessary to provide this protection. These efts include normal, and emery opera#orts of the electic supply lines and fronts electric.faults sad that meet national sad industry ?radices. Grantor sivtll review and approve the interference study and proposed mitigation. 11 Except as idar ,tied on Eft "A" Grantee shall ctuze no above -round mappurtenancei TO be ccststructcd on the Etserraenta, with the exception of raaadatc►anr safety artd operation appurtounces and appurtenances otherwise deemed neceseary for the tale operation of the Pipelines? including, without limitations, cathodic rest leads aria pipeline markers which, when possible, will be placed at fence Lin es or °Met right-off`way ctossings on the above described land, G €mete sh l submit to Grantor for ib poor marten approval plans depicting the propoleel location for the imolai non, of ally above -g ou .ad appurtenance other than these id en ti d oa Exhibit ticer and pipeline markets. Grantor's cb11sraat to env Such appurteiaance shall not be unseasonably or arbitrartiy siviihheId, but may be conditioned on compliance with federal, staff county or other local ruler, regulations, or other proieinonl or techniced staudaeds, or Grantor's coiiin erci .l1,.y reasonable le d err ciiteria which any from time to time be appl ble to the operation of Grantor's Existing ox New Pow Fa&ithes. 17. Grantee shall provide Grantor with at least seven CO calendar days` notice of the date upon which Grantee eaticipates core mete el eat of construction on Grantoes prOperry_ S. Exoept, in lemertgency s3tuaroits or dueling normal inspectors and nuAntenaece activities on the Lands, Grantee sly notify Grantor, nor lees than one (I) business day print to Gnawers enter on the Lands giving tale time when and the purpose for which Grantee will be on the Lands, so that Grantor may be present to tinspcct and observe the operations f desired. 19. At its sok e*pense„ and with ninety- (9) clays after written notice from Omar, and, subject to seasonal restrictions, inclement wcatll x. governmental approvals and conditions of fame rriajente, Grantee will :emcee the Pipelines from The Lands Of anti put theme, or relocate the same to a cent 1ocatthn provided by Grantor on the Lands a requested by Grantor, if the Pipeline should interfere, in Grantor's sole and absolute discretion, with the operation and maintenance ah Grantor's ft ,ties as now or hereafter constructed,. In the met that the Cerantegs use of the Easements should, the reasonable uCigni of of Grantor, constitute. a hazard to -Gates es Penes tit the gentral 1 4067128 12/09/2014 1212 PM Page 4of9 public, Grantor mac require innurtRate removal, relocation, or modification of the Grantee's facilities to eliminate such ntertitnce or [i anrd, and may suspend the. Grantees right to use the Lands under the Easements and such removal, relocation, or modifcnrion is completed. 20.. If, at any, time after one '1) year from the date hereof. Grantee should cease active use of all of the rights gianted herein far saki Pipe and appurtenances constructed upon said Lands and if such prod of wactivity shoutd con time for a continuous twelve (12) atonal period, than Grantee shall n Graato option either (1) remove its pipe, valves -and all other 'property within a pevod oftwelve (12) months following the aforesaid. twelve (12) month period (the d' xnoval Period') (upon pallarAl of the Pipelines ad all appurtenances ccnst ucee.d upon the Lands, this grant of Easements shall ipso facto rennin' ate and revert to Grantor, its. heirs, legal representatives, and as s); or (2) k the event Grantor ideen in whiting to avow Grantee to a.hs a ca the Pip ii cs in the lands ikdag the Removal Period set four above, Grantee shall, during the same twelve a (12) month p&xiod as aforesaid, disconnect the Pipelines from all sources and supplies of permitted substances„ pie the Pipe:tires of all such substances and dispose of all residual materials off of the Lands, fill the Pipelines with hurt materials, seal the ends of pipelines in 'accordance with applicable fe:d erg, state and local regulations and restore y disturbed ground as moult thereof in accordance with the reseeding process des bid bete. Grantee shall iensaze the. Pipelines talc deactiv*ted in an environmentally safe manner in accordance. th applicable legs, rules and nesufations and certify to Grantor that to Etz axiom lviaterials of -etairizonseaatal impacts remain within the: Eaaementso IF Grantor allows Gnrnce to abandon. the pipe in place as afore id, and upon the completion of the 3 fores .+.d activiides to allow the safe retention of 'same as 2A inert and inoperative pipes, this Easement ion reduce in scope to only apply to the resulting extent of± the pipes in pilot and the remainder of this Esae en; and each party's obligations hereunder, shill terCelitiate UnilieSS ofenvSt set forth herein. 21. G-tentet agrees (1) to remove, or pay for the removal, from the Easements and adjacent. property of Grantor, if as, and when requited by kw or by Graarnr, :nanr Hazardous littera pieced or released thereon by Cnatee. ) to. perform., or pay for the periormance of, Reineclial Work where the need therefore arises as a result of sa%d caused by Grantee's operations or nrtrnntier ort the Elsetnents. and (3) to comply in all _respects with. all federal, SUM and local ternrncntal laws tad tegu as orns ao*ia" rig opetations by Grantee and Remedial Work as or associated with the E.ancnerugi. In the evens that Grantees op-era:lions resulr k s viola -Lon of atty applicable Esritonsucatai Laws, ryes and re bons or outer applicable laws, mile,- and regulations, Grantee agrees (O satisfr the requirements of the applicable regulatory agcy to perform any necessary Remedial Work, and to provide Grantor with a certificate from such regulatory -a.; cy reflecting that Grantee has satisfied the requirements of -stark regulatory agency or a letter evidencing drat no further action is required following completion of the Re iedn& Wro;h Such Remedial Work, as described in this Seclion, Aran be performed by ;uali tied. personnel, contractors or consultants as selected by Grantee, mess otherwise performed by Grantor at Grantor's discretion. All costs and expenses. of Remedial Work snack necessary by Grantee's operations shall be paid by steep ch d , w►ithotat lisni.tationt the charges of such qualified personnel,. contractors and/or the con sultan tz- 22, Gnsitce shall. facte t/ Gran rot in writing of any c sin or other action. by any;weXirnen r l agencyorother third party mvoh-mg the actual or alleged &nQuisterice cf [ anatdous beisteriaIs on the Easements or allegeviolation of Environmental Law within fire (5) mess days of Grantees receipt of such elaam or other action, lad cc pro cle Grantor with copies of: (1) any notice of any pel'cse of Hazardous Materials given to Grantee p usuaat to any law or regulati and (2) an y report or response to any such indent provided to the applicable governmental agency by Grantee. IlitS OBLIGATION ►'T�TION' ■�rSH c' NOT TERMINATE UNTIL SUCH � arE A �. .may, PIPELINES AND ad AU I �iPC �'�Y1`Y'iN, ANCES CONSTRUCTED UPO S.040Di L/ N)S TERMINATE, T1.LE LANDS ARE 8�7!!dl AND `.HET.HE EASEMENTS REVERT TO GRANTOR, ITS HEMS, LEGAL REPRESENTATIVES, SUOCBSSCRS AND ASSIGNS. 23. Grantee shall maintaincn shall cause to be maintained, in full forte_ and effect throughout the tee of cilia giant of Peitenterakk at it, sole costand erpense, the insurance described below. -with coverages and lifilirs at levels tam ry In ditind-ustty for performing work, activities, operations and services similar to those to be performed is descried in this grant of Eminent but at levels not kis than the minimums indicated.. Worker's Compensation in accordance with the be~rte6ts afforded b7 the statutory Worker's Compensation Acts applicable to the state, to Ccry or district of hire, supervision or place of accident. Policy bents for worker's corriperisithort drill not be less thanstatutory bits and for employe liability one million drabs 1,(J00,000) etch accident, one million dol]ats (11.000,0 00) lease each employee, and one million dollars 1,000,0001) disease policypolicy limit. b, CommexciAl General litabiltitr Insurance Lncludlrg bodaly injury, death, presperr* range, e, independent contractors, produ/ecm,tied opeEnt.Dns, contractual, aid personal injury 14b:ilats-, -itb limit of one "+trier dollars t$i,000t0) per occurrence and irt the annual a tgata_ c. Commercial Automobile In Fanoce covering owned,, Je~& rented, and non -owned aurornout e. equipment with a limit of one million col is ($1.000.,000) per CCid.C.TAL slytiTcess timbrelis Liability insurance coverage in excess of the teas, and limits of insurance -YperibitA in 2 3, 3, b and c above with a combined limit of five r illion dollars 35,000 00) ) per ornirrcnec. er Gsantcc shall have the right to :elf -unsure all or any portion of die m prance. requited herein. Upon execution of ale Easemrnts. Grantee shall furnish Gnmor s C tate sate tI insurance or a letter 'of self-insurance evidencing the coverage teed herein. 24- GRANTEE SHALL DEFEND, L' DENNIFY, PROTECT ,AND HOLD S GRANTOR, GR TOR:5 PARENT COtvAIA r-rsms, SUCCESSORS. . ASSIGNS, TRANSFEREES, EMPLOYEES. AGENTS, LESS,, CO]. AC i ORS, SUBCONTIRACTORS, AS trirRvi, S TRI)STE.ESI BENEFICIARIES, RELATIVES, 4 40671 2 12/09/2014 12:32 PM Page 5of9 uA21na , CI E ICELS, DIRECTORS AND ILEISEED OR AFFILIAIED ENTITIES (CO ECTWEIX "GRANTOR. &flThEr) FROM ANY A I h LIENS, CLAIMS. DEMANDS. COQ aNCLUDILNG NOT umiTED TO ATTORNEYS' PEES, ACCOUNTANTS PIS. ENGINEERS FEES, CONSULTANTS WES' AND EXPERTS PEPS)_ 1 \T'ENSES .AMA ES, LOSSES AND CAUSES OF AC-11ON F'OR DAMAGES BECAUSE or Ny RY TO PERso S itZNCLUDING O \TF AND INJURY OR D.2AG TO OR LOSS Ot ANY P OPER," ice' R IMPR0S,SMENTS TO THE EXTENT ARISING FROM OR CAOS ► BY THE Giti.NTEE, ITS Kfilit.S. $13CCESSOfS, ASSIGNS, TRANSFEREES, .E.M.IILOIRES, AGE 1.S"1::`). LESSEES, CONTRACTORS. SUBCONTRACTORS, AS NXELL 1 'MUM, S, BENEFICIARIES, RELATIVES, PARTNERS. RS, nntricroRs ,AND i\Tl ...171411.x.A'T"ED EiNfl, INCLUDING Ty IattLENTS nit CONNECTION !WITH TIM AcantrrnEsND PURPOSES HEREUNDER. TIM OBLIGATION Sl-LM1,t NOT ThR INATE UNTIL Sloe !' _ ME TitlE PIPELINES AND -yam _1PPU[ 1 h.�NAM S C Nn�`Ex�,� .,I�lr..l UPON SA�i)jj'`��`�`,�L..� DS � TERW, pp+�y.^'""'TE ANRF VERT TO MN 0 ITS HEARS, LEGAL I PRESENTA 1., ,, StiC4.:�c siOR5 AND Y 1G ORA:SPLIT SHALL a SO TNt N TIFY DEFEND _A D HOLD _HA FILES.. LENTITIEST RFROM AND A Y, ST' ANY LOSS, LLVB1UflW COST, E T P. S _, D . t.M3ES OR CLAN. INCLUDING COSTS OF REQUIRED REPAIRS. .TES. MONITORING, NVESTIGATPON, REMOVAL L MithatION, PLEAD L WOE CLEAN �. 11I', RESTQRAIION, NATURAL RESOURCES 1) ATALk+ ► S, OR DETOXIOCATION, ARISING PROi, , RELATED TO, IN CONNECTION %Td.. lc OR TU: LVI3NG FROM TR,ANjetE't ITS :GENTS, EMPLOYEES, INVITEES, CO Q S :IND SUBCONTRACTORS OPERATIONS N GRANTOR'S LANDS Cat THE nrsAst OF FIALZARDOUS MATERIALS ON GRANTOR'S LANDS, BY GC; NIEE ENMITIES OR GRANTEE attannys OPERATIONS OR T5 VIOLATION OR ...LF. D ► ��J�� y,.. �• I(D BY GRAN EN' rilES� ggOF �'�N`Y.��,{E�NI RONMEN, AL +��y W& 11114S I.� DaWiT l��,�T`� �L�+,4y�LiryL. S TI E r _ YLJMINA 1 `✓N CF THE E ire I \ �' rS. GRANTEE IS E ER AN AUNT NOR if ,uL 1. EMPLOYEE OF GRANTOR, AND aD GRANTOR WALL I'LcrtirS NO R PON = -• 'y ' to 1N" P ;0c ; rig OVERSEE .A 'I'I 7' "S 'BRA'TIONS. ' . Dithiaitians:f used. its ,fit offEasements: "Em' ron tntal ws sha11 nr:uaq any app11rable laws, pplatiioris, rul ,, morditiwnces. or . Jt ' of aty governmental tal autherrity(es), which reLtie to or otherwise irnpuse liability, obtigativate QT stamdnrds with resptot TO pollution or the ' ctlio0 of the: environment,. includint,, but not limited to. the Cbitaptehensive Environments' Response,. Cr petx tion and L1.ahtlity Act of 1980., as amended (42 U.S.C. Section 9401 et seq.), the �u nservair ni and Recovcry Act of 1 S7 (42 LP.5,C! Section. 6901 et 4 .) 't . the Mon n waxe -Aot (33 1,1„&e. $eetion.466 et seq.), the Safe Drinking Waxer Act (IA EI& C Sections 1401-1.430), the Hamirdokts Meta -jai Transportation. Act x49 1J, .C, Section 1801 et 8eq.y. the Cleao Air Ant, anti !hit Toxic Substances Control Act (15 U.S.C. Sect bns 260126291 or thez.t. state OT local l unte-r , all as may be amended from time to three. 1-h du .ts Materials" in silIntance a .,. or st entiise d as s maid, hat *■ Ott~ ► hazardous. toxic, kfrc and F nr explorvion or producdon, substance, waste. pollatani, orx rrottetifil that is restitated atndel azgy Etwaigargeoral Lars viva oar 'Applicable fait* ire, or local statute or ice 3tion., , iacaading but rte! mate: to petrolg,ittn 1°odnct$, bestow and .pQlVcbLQ i bicatcaylt tr,"P '), ettedjWork" ate deliatdaSitary St s J m u3 niushtuxiag„ any p mP, conttnrnerq,. RernectiaL rAeimowa, oi Ott 'otadoet V ca& performed n fespatise ro amt ( de ral, state nt local government authc : orparmwo to Acy treide.211 tetat.e ct kcal statute. rule regulation of other Eros. 16. &L2 twrr rn ;e, no lrepaasaranon uwananty Its Grans as rc The hd. om tuttlicieznoyc tidy to gain the setne' : including wittctr limitation €fit existence. of any. prior oil va and mine 'mists, liens, ecumbrance% iighti-of‘viray,1-ce nes, Easements- .and. existing utility Easertesm ipp!ic b e t: ereto. Gin,r to c:cs no repretattatoin or ' i.i xt j to Granite as to the condition of the tact or its stability for the intended USES.. 27, This gang: Of Easetnetas shag be .consttuedirl =tech -net th. the of the State of Colorado. Venue shalt be pimpo fat any ispott abatis under the s aeri v . Ole . ox mumt of Weld. County, Colorado. 2S.. The provisions of this Fait of Emements shall run wirh, be boding on toad 'butd tic Froporr of G me r describui la r; txArid ail d s, u . -and. thsli finace -to Aate benefit al ski persons claitnine.ateirmnst it! the Sarcoma. or any p}rtein &tere. ftstriogia are panics hereto, including the heirs, mtmi Ettroxiiitrts, pesocal. teptestotativits, sticctssow, purrairttd aa.0 r,4 or rEt par . "Grantor" 5F I incl It The -sr r, pfard, temadzic, mast -Wino and aSter. 29. This rant of Easements rnpy e enctued . ��eral ousnr-c arct5,,. es& of viii sh.ai1". be art ozi bnr but R: of which. taker, togrtIcr, s cons —em one and the prae gent of Easentants nut be binding upon. the panto. who executed any cow Perparti rc wiiess of whttE t It is Meated y oil .a ties 3U. The VIES grA;Ired trn Gasistet May nest he assigned, in whole ' isr r withavrt the exprtishs written emsent of Gams. t s. Bch consent will riot be unzestottahly witthdcL conditand of delayed Eorgkeid ditg the fare pchgg„ MST assay this ;rant of Easements, 'without the copse= of 601M04 tO 3117 !® Cathy alai,,diret.4 or trAttirectlF,. okstMil. ca.tatrc tt, i:, Ow— atcontcolitti by‘ or is =a= cen oo ownership at comtreI of. rum; (U) Cad ty to -whirr, t,3ta:amte 11 -SS as ,e4 Olt or N iianridv all of its Assets pi ( too any bat*., ciag in,stitathiakia or othet lksadc .c)s troops thereof, pursuant to the tams f r 'finifficifig agrcerients. 31, This grant of 1 ;aturaeJcs erobad. f°, the tantre gran; -with test is rhe Easements and niperscda -any 1 rid 3i apterneatt, reptc _ n b bons m�;aczz fi► of: stAteateriel, xa. th aft' h vt it -it math between die lames pier to the cd9 t 40671 28 12/09/201 4 12:32 PM Page 6 of 9 Pied Nests=:. Ronald Okra i ' f. vvilother t Ares s, implicit wzint. fit vtibg, concerning 'It subjca =Vitt heree,54 exa pr for p, provisions mairgincd x ,pa nriuttun weemews that expressly u Mitre sane Arld. Vete ntni.. i :Eby_ I4 v� E AND TO HOLD righr4, pth arid Authatity hatby tantal ,unto the Grn i eta -5,irrew ns n'rsti De gx !Blips. , :to taLytkg as the suc Alan. be lased or t ime fill for the purposes of rfr Grantee ors p aniv.44 ssAgns, k CV D ,- �- d f at e e: 2014, &NTRN' Public Service Company of Coicttacio, a Color do cospotation r 4- i f e•nit } f 1 s d Michael K. Die) S it r g.. & Lang Rights As Aut Q� zcd Ernployo for P i Service- CottrapAltv of Colorado ACKNOWLEDGEMENT STATE OF COL O:MOO ) ss. CITY & COUNTY OF DENVER VER ) 2±1 Iseti w ¢ win instrument acknowledged betoft me this the ,•. sday ../111P et Y 2014 by Maul a l E. Diehl, Manager of Siting SE Land Rights. ccI as Authorized Erp[Oyee for ui Mkk Service Company of Cotorado. P iSOn a pies Witness my hand and official seal jacadln Public APPROVED A.n4 Acaeptett this ay of Kerr-McGee ee a₹ erin 1,41_,C,, a Coiptado.I iS .liability cvativnty Tim Agent ik Attorney -in -Fact STATE OF COLORADO COUNTY OF DE R ACKNOWLEDGEMENT The f$t g sclera ar was acka MM cd he1or� 4 this mad,, ° -'i , 3014 ttlY Ronald Oht,A, Heat S& altratuysickflict of lam -McGee Ggth. ITC? a Worldo li to l:' 1 company, 1 b 1" ornid cognpauy, ifigreiEHARRNCOFeni } NOTARY P;.. *STATE OF COLORADO iiTARY 0201203407 riff COMMISSION 0613ESJAMORY24, i '1. Wittiest. my h m. o dd seat M 4067128 12/09/2014 12:32 PM Page 7 of 9 PLEASE RETURN RECORDED ORIGINAL TO Public S. c& Company of Colorado Michael Diehl 1800 Sttcet, #41K' Deans, Colas d o 80207 LEANDRS, G WEAVERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2u134e72565 CONAI5$,QN exPoRES No' . 21.2017 ipto Taw\ tl, S i/4 C+01tA�R sal sac 0 1.2e gitIgi CAP P'1S fait r. .1 S I r1nrt r rn�A` sy frigate r— L 3 171f# 25" Atat DIP 5" 24505 ono re MM Plat. S 1 SECTION 9. F W6f' P } -; }*.yam}} M isAgrontsiaGI 'Its ...••••.0 ..... -.--- :.r ...�r� -rr. 'r• atisSamprosevissonnwa'rrra • ti FMCS t F20E23174.17# / - I &)Aram PUBLIC SERVICE COMPANY or cc[ORAD r 1.4 25d irfillPOTANV er CENIVENE R OF 4V4 Y1 s Mit 4 t TY1-. .. _ E _PEN,L 1't1 or./ 4 rr '1st rnrrrarrneeee rat rrm rra m^ervzn rnt^1 er-.n SE1/4 N ROW 6TH P COWETUPE r O WAY AMC '$ APINIVENitk p feblii.::a n l l � % 4414.... . ems.. j_. • 11111 1 W 1/4 COW S E 25,E 2.6w ARS.C* 24 1i.•. . ' NC CONPririNE "' . •'u I.), Lait'll I_rt c eta 1,?..t: 7 nori fv4get 2pdi * r *a 64a64wrased frc w riehle &ela r:' 'Theag Siitiios r mg slot Iv =lasts of nvitlelig, Met latitier tow Sstt any no: la ;1a d st4 ltsittar'1 by rota r La ma'am. 2.) itilocurthtim t.a nal -6 km $:r.'tii iii plat re impcomritta L S 4 mit 14 be rata iapen Iir to opbhrlistotimi of t j Lid kotkty, ttante y livrve, tiei6 , Fthar tulure V�:r +en#..ran,. 71,) ,M ia°tretioia, di d diretenkm trawl twe rarer 5txrosl can rectairtots 4071 lift 'moo ocortaubt. Stn no' !U5 Wit!: "onithi 54 -ei iii 3 -ti elablir6hed tkrk Fri (J'S Nicht-4in nod rs Pm &If,R PPIlligsa Ott Wit, ciftee4 by eta N43. Carted fac +r tC frt 'z2N I " i wwoa 4.) #00kL MSt hov W4i must warnmenca amy l Guild brill upon *in ea, didert .n l away *Alm that teats eke: r lint 8 we ads dried, In a area mitt , ucli t Jaw Mr th . wive:- try � rt ;,^sei rrar(t rn Its Act h the dt t c4 t n rig oelitr * hates S ) NI E trtb a pfd by �i#Gl . 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L ...r Y..r. rV 'SI•. ...�► - rMI:E Tir _17 nd r f#> OF WAY "E I L 1 ' wa I COO. www ACklant incel lSt• ; .nikv=c'1witli �'s.��.�ySkeeIe 7 Ba IICV1 Corr ItO8Q1 Are : Boa/ems/14 KERR—Tr T GEE GATHERING LLC EXHI9PP "A" RI T OF WAY LANDS SW /4 SECTION 10 TIN R6IW 6TH PM, WELD COUNTY, COLORADO fl fNC 0111 r$ C 1%5410. putEl 0451221/ 14 JON Dior 133.26/14 Ei03 grOlEt I+44 !c ST VRAN PADS D' 2 4148616 10/08/2015 12:12 PM Total Pages. 4 Rec Fee: $26.00 Carly Koppers - Clerk and Recorder, lurVeld County, CO RIGHT-OF-WAY GRANT THIS FIGHT--CIF-WAY GRANT ('Grant") 15. made this. 2eth day of April, 2014, from Kent a ele* Oian&Lynne. Seale and, Lila !l bat Selo, whose address is 10769 County Road 15, Jahnsto:wrr,, Colorado: S-5 anti r" whether one or more), to KERR-MCGEE GATHERING LLC* a Colorado limited liability company, whose address is 1099 Mist Street Suite 1800, Denver, Colorado 60202 (" GG"), The carties agree as follows: For and in .censideration of Tut Ouliars ($10,D0) and other good and valuable wrisideratian, the receipt and %Me n ? cif which are hereby acknowledged, Grantor here } grants, conveys and warrants unto 'MSG its site ---sows and assigns, a par aetual non-exclusive: right-of-way and easement,, provided however that above ground appurtenance shall be permitted only with Grantor's prior mitten approval, which approval' Shall not be L,Pnrea cinatily withheld, ea a rnuivatiy age al le location- KMGG has the rights to survey, and properly and adequately 'construct maintain,. Inspect, aerate, repair, replace, modify, crt:ange hit Stze of. reccnstrurto mart rnonftor, abandon or remove and release, at K IGG's election, one or More pipolir'te .„ but nevertheless limited to not more, than Tour (4) pipelines,. electric: posoireir lanes, data. traiwnisssion 1111t and equipment, and all appurtenances, Lelew and/or etDcve ground, necessary or convenient for the transportation or transmission of cii, gas, petroleum prOducts, water, thledricity. ela.ttronic data; hydrocarbons and any other substances, whethar I' t7r nire, &iid., s❑lei or oaseious, and eny products, derivatives, ocrubWWnations or rrttlxiure5 of *nY of the foirevoirf9, h, on, over, under, or through the lands situated in'WeldCounty, State of Colorado, being described as follows: TOWNSHIP 4 NORTH, RANGES? WEST. W' PM SECTION 31; Lot B of Recorded Exemption RE$259` being a part of the Noctheat Quarter (NE/) I) The general r uto and course of the right-of-way and easement conveyed hereby ("Ri ht -of- +'ay Lund£,") are more warliculQrly described on Exhibit `tk" attacillad hereto and ,rode a part hereof' The parii's ,ve aid VIM the vitfdth, of the Ri9iht-cof-Way Lards is pine h-undred feet (100") dutnng construction, and sutsequent to cicrritructioin the width of Ulu :RichtedMe-y Lands shall l seventy-five feet (7 ) Men the In tai can'stnxton of the Pipclinets) 1'.I 6 may, require! tram time to time, temporary additional work space parallel and adjacent to the R.1gsnt-,❑t-Way 'Lands o survey, Con t, ,maintain, inspect, operate,, repair, alter, napiaice, modify, 'arena the size of, reconstruct ,roar',, monitor, abandarl or rem -Out tht pipeline(s) to9ether with ell appurtenanoes Grantor agrees to negotiate in good faith with t OG to allow i MGG the uA-: CI" this temporary aaddttlonal wwo6'c spare. Grantor rapreserlte and !,n,sridnts to l' MGC3 that Grantor is the sole owner in fee simple of the R-ililrit-ota3.eVay Lands, wt ect to the burden of the Right -of -Way and has fu:tl right, power and authority to enter into this Grant. t The pipe nstrur-ted hereunder shall be place< at a depth of not labs than Ala incites from die tap of Uie pipeline Cs) below the surface cf he ground, Grantor agrees not to reaspriably increase or dec a s& the su elevettcr on the Rlant-otaNay Lairpds without KMOCiis prier wrten perrnisslan, KNIGG shalt property and adequately repair and/or rzsicria any rem c� otter structures ar or adjacent to the Right- ,r -Way Lends removed or sevttered by KMGG in the oour'ie of 'e operator's pro idet! icr in this Grarit t° the Condition siQth tence or airier structuvers were In psior to the removal ty franGG, ]t my to prevent the escape of Qrantor's Ilvestc , si KMGG shall construct [ern+perary gates ,ar fences fit those areas affected by K VIGG's operations as Provided fir in this Grant 5,I IW G shall level and restore any, lands :affected by •KMGG's operatidns that my have is)i;essiLifie ss+t'Jlrg arKi aai' clenttiv Ccrrtc=t /tie shit within a reatephabiri period f taus after ccrnppk.lc'n rrt cQrrsiriaton to the edition that ex ted at the Unite immediately prior to this placement of ladiGG's pi lne S),. to the extersitraisortatly �r cti bte. Grantor Bgirses not to build, cte tte, construe or pernil 'Or byuIft, ereahad or onstrvcted, any otssmetior, uildir p, fens resepvoi;, angineei'in ■kt rI O" other structure or irnprQvernent o'rer, "ender, on or screw the Right-ofr iVay Lanes; viitt'owi the prior water) consent f Wes, which tnrttten consent shell be reasonably and promptly. provided, 7) KMGC shall have adequate but liar fed riche, privilege's and bene #s r e es ry' ,r for trre full use and enjoyment of CisGrant including but not limited b, the right of ingress and 41 48616 10/08/2015 121 2 PM Page 2 of 4 errs trier arm ,acros-s Grarttors iarrt lying adjacent :z the Right -of -Way 1 ins for any, and all igulT-oses necessary and incidental t© examining KM &'s. right(% hereunder, but sab}e t to > i+or mutually % itter approval and consent of Grantor as to matters involving acing to, on and +aver the Proper , "Ming- at b stales of Operations on tine premises, and payment for surface clzriages involved, and location of all surtfaos equipmentand facllites to be constructed and, installed on the premises Grantor hrrpby egrceg that Grantee may, at its alixieon, pay and dlsr aeg.y to , Mift,ClagieS or lies existing, levied 4r aswssed on or avail -El the lands burdened ty the filght-ofaWay, KM(32 shall be obliged to pay for, repair. replace or otherwise oarnpenwte Graintcr fig any dainages rE uitirc from ikMfiG's adlifiritlea and nperabonx on the Right-ot-Wj Lands, except far any damage to strictures or irrcirovernents plaoad in the Rfg'ht-cd-Way Lends contrary to Ilia terms contained herein and: Grantor shall Day for, reimburse. indemnify and hold I harmless from any and all *arras or damages nestdflog from Granger's rieglIgent actulties. on nit 1 1t-cf-Way Lands. GranIt.r shall have the right to use and enjoy the Lands, sulfa #n Ilia, rights harsh graritedr gal This Gent cannot be moctified, soept by an Instrurneent in writing signed by C:rnntnr and ant authorized representative of I MGG. 10) The rights granted herein may be assigned in whale Or in part, and It& teerm&r ccnditlons, ar4 provisions otitis Ora nt ire a coveerant running Wlitt the>! And end shall extend to and be till -Kiln g, upon the su , and assigns of Grantor and KMGG. 11) KlyiGG.shr,all drney record are angrryal of this Rigt faWa.y Grant in the retards of the Courty in which the Right -of' ey Lands nrE loaned am" sLiorrit to Oro a may •of the record .J document within thirty (30) days of (he recordling of said document. By warding this Way* Grant kivIGG shall be deemed' tc have accepted all of the terms and condctioun hereof 12) This Grant may be exact 4ed In counterparts each of w$M h shall be ccr15ideted one end the serve agreertert 13) The Grantor strap have the fight, privileges option and ett ion of requesting removal by to Grantee, at stile oast and expense of Tie Granter, upon tennLnotio:n anr''er abandonment of t9ie ine of the plpellne (s) or any or all of them, all of which snail he promptlyeftirentty- adequately cerl plied with Grantee *UPI a reasonable time period air written requelt trrerefore is made IN Cantor Ito Grantee. naasonablt+ VI frame 15 interpreted therein and defined t i be a bins three act exceeding sixty (60) days after submittal by Grantor tt Grantee of Ire Ivritien request for rent ( of the pip llneic). Sioticaver, Grantor shall also alk!w for an alternate, rout& on sal d, Mar de for MOOS pipelines et no bet to lizAGG, i 4'i Grants* shall properly prepare any: provide to 2rantilr,, for written uppr sal Ley Grantor of equate and c'crn*leie surVey maps) prepared by a registered surveyor of the piopo ed p1pellne(s) both. bemire and after ccnsturifor of the pip&ine(s) 15) Grantee aha11, be roCrirsd . nave at t>Xne coif execution of this RIglit-f-Ways Gratin proper and adequate liebtiity insurance coverage with a cornpaeny or companies duly authorized to be doing business In the Stain of Colorado and oantinuln+g, to keep said insurance cov:age in tufl forte a rti effect dining the terns of ibis RI ht-of-W'ay G rant. lei The Grantee shall. be required to protect and save harmless the Grantor from any Jahn s Qr expenses, Including any attorney teas Fncurre i thereby or therefrom gain9 from construction of the pij l ne(4)- 1 17) GranteeR shall be Futter required to fully ccrrnpiy Mtn any and all environmental rules, regulations, dinan ua, statuiory and legal iriqulr rnonts In conagettion coast:ructiort SIM pipeline(s). IN WITNESS WHEREOF!, Grantor has en uted and delivered this Right -of -Way Grant ias ,of the date first above written, GF ANTOR(S)e fihAar—it BY: KENT C+. SEELE FAY: Chli LYNNE SEELE 414 ►61 10/08/201512 2 PM Page 3of4 4,_ O4 A, ines..L. BY: TENT D. SEELE AS PLO A FOR LILA MAE SE LJE STATE OF COLORADO COUP OF WELD Thn trsgoing instrument was acknowledged before me this ' 4SY of a' 20144. by Kent D. Seale, Diain Lynne Seers and Lila. Mae Seals... (c+ I . ,eve. as Po IL*, 'mess my hand anu cial Seal, Ili ' IL& Mike .:1-' .. My Commission Expires: ce-R-S (SEAL) JEAsarre SAVILL'E 'NOTARY ID 700,054041837 STATe OF COLORADO 11 NctaPublic r1 4148616 10/08/201 5 12:1 2 PM Page 4 of 4 WCR JO CENTERLINE WIT Cr MAY sze i 4 25° aai• V man 25' TEMPORARr '('"4t ate Bret rig; I, 1/4 -MIER Et 37a JO 4.25" 040 PIS f24[: RIGHT or WAY DETA 1"-t--1 ©O" L to 4t24' IL flat +o PiPawE IvRXt L P.ISMri 1 VIE 31 a s. a aaa- a— r a sit S_ ea. Lr i a a as a —. - a s— sea aim WCR35 ECTr0N MAP E aia2oUaI !�.aW'. CI Le 5 tr 1/4 COf?101 SEO 31 32r 4W Ge PLS 7242 (Rale IC TO P.O„SS N 4575127 1O0r D'infg Maisie EXISENG 142r Aria £7 air' Mgr OFNY UWE TAKE D IEN 27474589 F L244 434035* W LJ=PN .1937W Ii L4W cr2r59 L5=NN I 00141.3s , w L ITM Et 1Y'"TF * F LZ=S" minis £ its* C7119"35. E 649.25" 246.14# 241.75' 8Q 734 1931,51' 70120" TOTAL CENTERDNE LEMMA 4.548_193 FT LILA MAZE SEELEX IT AL LOT B RE -3239 NEW4 SECTION 31 T4W R'6 6TH PM 5I d et S 9 i Li N8971tw S I/4 & W112.EI/4 SECTION 31 TAN R67W 6TH PM 2579. 4 r 1,4 CORNIER SEC .3J 32 !,' ALUM, CAP PLS 25520 Ei2S 714 SECTION 31 T R67W 6TH PM O' 1) inters at aft* ant tanoi7 pfpellnes wets tSSermiradl tarn Yobs earful Stoat Than imre=ns it .sue may rot be aseurSts Or Mies rn' wilt and VI to be rc$d <etatad by other Flex to Iec iota_ 24 ink document is nal a land plat eer lnpenwr,nl surrey plat It iim rrak to be SIsd upon tar lie osichlhnhmtnl of any lard Siwwy, eneulapt, farad, build f n9„ cr other grans in-prorenrit gnat 3.) Nil drect on; ditlennas ant drner.een Mon hew, are based in asoniftated from IS tafando =Fat* cistern al i9ii na ions (Arta 52 at Ile !4 Ca5.) ealabi' S using &.T,Ic QRS. terhnide es mite( the Online itestlianing Drier Sat Arad by S NAM,. ilifehiett! Rata! (CF)=0.9997I9979; 1/CF•ii:0032SOCCII a4) Ia q rc Twit g41r f : gat Je!I1 eNttal telipg won any *fee. Li thk cane" el* lit -es yeipae Ifter mil ter Mete fatt !in he 46 t nor my maim heist um ny Wet .in Clad tun y S elerbene6d man leery En seam from the dyke of S oorl►dic orni show haven, t) ltrr Et491 was prepared by 'Mark A Hat Ri 36Q73i for S icci bele& at Adiam, Ire. MS Telluride ILL Suite Z Orlflt , CO eta S1 r ALS CAP 3? fS S UV I (Sung Tit 70 F.a r. N S 47x2' l'w 3+6.55” Ft0. Lehr s a 50O' 7OO0' POISED: 05/08/21314 Acklarn, Inc 195 reth de Sr, . Sure 7 8ragheura CO, BO6Ci? KERR-McGEE EE GATHERING LW EXHIBIT 11A" RIGHT OF WAY LAOS NE1/4 /4 SECTION 31 UN IWO 50 PM, WELD calm, COLORADO =C. I.E: I .-500' PATEit 05/01 /14 JOE )'kla 14103 a Na1it ST Vfralh 111.'1 FILL.OI on tit.; 4133857 08/14/2015 12:21 PM Total Pages: 6 Rec Fee: $36.00 Carly Koppes - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Graff') is made this 14th day of April, 2014, from STEVE SHULTZ, whose address is 21475 County Road. 19, Milliken, Colorado 80543 (Grantor whether one or mare), to KERR-MCGEE,G.ATH RING LLG,. a Colorado limited liability company, whose address is 1099 18th Street, Sure 1800, Denver, Coloradc 60202 "'KMM GG" ), The pales agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys unto "MGT, its successors and assigns, a perpetual night -of -way and easement, at the location described on Exhibit aiPtu attached hereto and made a part here, for one or more buried pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, necessary or convenient for the transportation or 7ansm15S1of of oil, gas, petroleum products; water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or matures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 4 NORTH. RANGE 67 WEST,. taf PM SECTION SO; Lot B of Corrected Recorded Exemption No, "1 DS -30-4 RE -2841, recorded on January 23, 2003 at Reception Number 3026149, being a pert of the Southeast Quarter (E/4) Also, Lot B of Corrected Recorded Exemption No, .1O59- 3 D-2- RED -2C, being a part of the Northeast Quarter Also, Lot C of Corrected Recorded E.er'nptiori No. 1059- 30 -2 -RE -2840 being a part of the Northeast Quarter (E%) and the Nerthwest Quarter (NW1/4). ). including the right to survey, construct, maintain, inspect, operate, repair; replace, modify, change the size of, reconstruct markt monitor, abandon or remove and release KMC G's authorized facilities In the right -c -way, at KMMGGs election. Above ground appurtenances at a rriutualfy agreeable. location within the right of way shall be permitted only with Grantor's prior written approval, which approval shall not be unreasonably withheld. The general route and course of the right -or -Way and easement conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit -An attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands isone hundred feet. (1007 during construction. and subsequent to construction the width of the Right Way Lands shall be seventy-five feet (75').. After the initial: construction of the pipeIlne(s) WIGS rriay° require, from time to time, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, re.consnict, mark, monitor, abandon or remcive the pipeline(s) together with alt appurtenances. Grantcr agrees to negotiate in good faith with KIMGG to allow KMGG the use of this temporary additional work space_ Grantor represents and wan ants to KMGG that Grantor is the sole, owner in fee simple of The surface of the Rgl-of-Way Lands, subject to the burden of the Right -of -Way, and has full right, power and authority to enter into this Grant. WOG acknowledges that Grantor does riot own the mineral estate underlying theRight-of-Way Lands and KMGG shall be responsible directly to the owners of the rrneral estate, cr their lessees, for any damages caused by 11O's activities under this Agreement and on and underthe Right -of -Way Lands. The pipeline or other facilities to be constructed hereunder shall be pieced at a depth of not less than 48 inches below the surface of the ground. Grantee accepts the Right-I:pf=Way Lands in WAS 1S”,, 'WHERE I r` condition, without warranties, express or implied (except as to the title warranty contained in this Grant), giwith all fault?, including, but not limned to both latent and patent defects, and the existence of hazardous materials, if any. Grantee hereby waives sill warranties, express or implied (except as to the Vie warranty contained In this grant) regarding condition and use of the Right -of -Way Lands., including, but not limited to, any warranty of merchantability or fitness for a particular purpose. This Grant is subject to all laws, rules and regulatcans relating to Grantee's use of the Right -of -Way Lands, Grantee shall obtain any and all consents, approvals, perrnissionst and agreements and shall comply with all laws, rules and regulations relating to Its use of the right -of -Way Lands. Grantor agrees not to increase or decrease the surface elevation PapI o13 4133857 08/14/2015 12.21 PM Page 2 of 6 on the Right -of -Way Lands withcut KM'GG's prior mitten permission, which permission shall not be unreasonably withheld. KMGG shalt repair aridlor restore any lance on or adjacent tc the Right -of - Way Lands removed or severed by KIVIGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMGG. If necessary to prevent the oscape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. KMGG shall level and restore any lands affected by kfc4GGis operations that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction to the condition that existed at the time immediately prior to the placement of KMGG's pipeline(s), to the extent reasonably practicable, Grantor agrees not to build, create, construct or permit to be built created or constructed, any obstruction, building, fence, reservoir, engineering works or ether structures or improvements over, under, on or across the Right -of -Way Lands without the pr≥•or written consent ofKMGG„ , which consent shall not be. unreasonably withheld. KIVIGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant including but not limited to, the right of dress and egress over and across Grantor's lands lying adiacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KMGG's rights hereunder. miss and its agents shall enter upon the Right -of -Way Lands at their sole risk and hazard. Grantor hereby agrees that Grantee may, at its option, pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Rfght-of-Way. If Grantee exercises such option, Grantee shall be subrogated to the rights of the party to whom payment is made, and in addition to Its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor hereunder KMGG shall be obligated to pay for, repair,, replace or otherwise oompens o Grantor for any damages resulting from KI IGG`s activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed In the Right -of -Way Lands contrary to the terms contained herein; andq Grantor shall pay for, reimburse, indemnify, defend and hold KMGG harmless `f m any and all claims or damages resulfng from Grantor's activities on and under the Right -of -Way Lands or under this Agreement Granteeagrees to immediately notify Grantor of any leaking or spillage of hazardous substances on or under the Right -of -Way Lands caused by Grantee or its agents. Grantee shall be exclusively liable for all cleanup and re mediation costs therect and shad indemnify, defend and hold Grantor harmless from any claims relating to any such leaking or spillage. Grantee shall keep the Right -at -Way Lands free from any liens arising out of any work performed, materials furnished, or obligations incurred by, through, for or under Grantee and shall indemnify, defend and hold Grantor harmless from any liens. Grantcr shall have the right to use and enjoy the Large, subject to .the rigid herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KNIGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the lard and shall extend to and be binding upon the successors, and assigns of Grantor and KM0G. KMGG shall record an original of this RightwcfMay Grant in the records cif the County in which the Rghta-o Way Lands- are located.. By recording this Right -of -Way Grant, KNIGG shall be deemed to havtaccepted all of the terms and conditions hereof, This Grant shall terminate upon the earliest to occur of the following (I) Grantee loses it"s rights to conduct or voluntarily ceases to conduct its operations using the facilities placed by Grantee in the Right -of -Way Lands, (ii) Grantee decides that it will no longer use the Right -of -Way Lands and gives Grantor notice thereof, or (ill) Grantee does net actually use the facilities placed by Grantee in the Right -of -Way Lands for a consecutive period of three (3) years after construction is. complete. Upon the termination of this Grant, Grantee shall remove all improvements, equipment or materials which it has caused to be placed upon the Right -of -Way Lands and leave the Right -of -Way Lands in a condition which is clean. free of den 's and hazards and subject to neither environmental hazards nor liens caused by Grantee's activities_ This Grant may be executed in counterparts each a? which shall be considered one and the same agreement. Pep 2 of3 4133857 08/14/20151221 PM Page 3of6 SIEVE SHULTZ chi WITNESS WHEREOF, Grantor has executed and delivered this Right- -Way Grant as of the date first above written. GRAN l" OR(S); STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of 2014,. by Steve Shultz. Wriress my band and official Seal. My Commiion Er /J- &rte F _ (SEAL) to Publ is P J of 3 4133857 08114/2.015 12:21 PM Page 4 of 6 EXHIBIT "A," a yy p etv f / £10 DISK IftElititm S1/4SECTION 0 T4N R67kV 6TH PM CENTERLINE OF WAY L'Nf TABTX U i=iot d r `o9;35 r f ta2t$: 6'6°50425" E 1.39-14 O1JC, I2O Vi 1,4=14 45'1,J'4C ' 69'45.15. kV L6=S 79-4.1051- 4.74, !elver W Le= DP'2?'J'C" E EL2eN 8nf t w LWQaN 07215.09. 1�1=N 5r`?flV W 2773?u 73 84' 3,9',x`1" 97.39, 1p� 9Z49° a �6.51.37i 55.98' TOTS. Cif LPTCffif 4505.75 FT Lf OLSON SRO %5 LP, LOT 8, CORRECTED RE -2874 NEN SE TION S° P67W 5TH PM ClifirWitthr R607 OF MY — COW FLWE NUJ's'? OF WA Y 6; ill I laa 251 10Me"±"Nrr r WAY 1i alma _. a i OLSON 8R OS. L.P. LOT Br CORRECTED RE -2874 I -It% Il P0PO --1"N Dan FWELRES- £6 z Ttlt,S r zis L STEVE SPAIULTZ LOT E, CORRECTED RE -2841 i r-' Sr e.?(CTPH G Pf PEUP ..1 Lir jerN- Kit* y ' i�.ti r5 4Jo' '.) l.IieeEtas of uflilts rid fr liln Optima went cetarnnc from am side'Eiden t. Tam Idcdre'ls 1 *MP met not be Gmirdle enrrpots. Mgr MIS Myr KM trod *ore #' be' f d IncnFiJ by ethers priar:t 1h"a rest , real Q ;9nd spur pi4t co- itnprotintri larleat Iii H es nM kit:inlaid L.r.an rat ta ensbrafirnente r~ eny lar6 blotto, ceeramt fr rtdm . ;If #4W fda ;Input Tall ',) pU dht!dif, ztitetncen and chnricr !Ors s&Sn train n hnsan oe +latri6inetea 1rM°n 'IN ` telnrcd' eDCrmrt Spallerl or (,Arlide :2 of Tits 56 C.R$. trit.obliktd Iraq ril - CPS, slidaa aed/er lilt Oast P&lic rir i c d•r Ionics Wirni by °lfe M.1. 1 p ( .O_ TlMITS; VCF,.,.Mtoa e29 .) mom wtinM tip l gltirvdv big ' mat tram ti? rar►r leg;l e, t,,r taide u u kier. n earu t Slit profs okay }rnu �M 4tcw fir deal. Ir no axes= r iy e°rj Gerbil wed won turfy &led b tiff wnr tie n'.r eilen Maw tin WI Years trforn be date al biz wriiirostica shown kern. 5 4 flst ;NNW Mai P 61 lick A @leli, PL 36073, lax aqui on behalf at icirJunt, 1 m, 195 it+±±,da Ude 7. ailieftCt., CO 806G1 e !IOC' or Acklam, Inc 195 ThtIwiC_) St.. SAO 7 Spigh,on CC, 606Ci KERB- cGEE GATHERING LW XHh8IT "1" RIGHT OF WAY LAND' SO /4 $(CT1ON 30 Tat REPO/ 6TH Pill WELD COUNTY, COLORADO 1/4 mvsi dc, /Sa, 2 2,5- ALM COP r MAW(' TOF rO P 0. I. N ?,340 " K' (445.:07"/ PC% Virtti EklSiti'A PEPELM=5 �F"s1'a iriP) $1,32 .125. ALM FIX 7242 (SCRVEr NE N HS:91W A [ATE 04/2114 oliCa Ni,; I 400,1 PAGE 1 OF 3 4133857 0811.4/2015 12,21 PM Page 5of6 EXHIBIT "A" N 1/4CORPER SEC. vwsm, JO 2,51 -Me,' KS 10945 Z onan I 1504.04 FFiR'['T Or WAY WE TALE LM- Ert+ S9' Iv URN 32-43P22` F LA=N OcA`'{'Y W L 81.315 %. W LS=S 402425* W TOTAL WI OLS0N 9 YOS. L+P LOT B. RE274& STEVE SW fit 77 LOT 8, CORRECTED RE -2840 NE 1/4 SECTION 30 T4N R67W 6TH PM RAW OF WAY 75' ,5r W WA8 A Im4f .9 e4a ir r a 'TYPI L Rialf OF AMA' ' DEPT rim t par l ?fogy?. nss a id. scp, 3.35 AL0.0r CAP ?az PCS (shwa( TETOPA..5. 5 SIaf', r' W 2$66}1 NE P/21 OCIRNER 2m5.` ALUM- CAP PIS rd45 sro* ) beasmsc' att mei FcW p4efra an d'rterrralmeri from lets cofoita +v'r rrte. Ica lar,alionaif . wan be acre r limy AWN= fr(h( ta=4“ ot+t co to ts I`eld kmitigt of all Pik to lq*ccwttion. Z) Ira! *,am" it roi. a lard ray vial 4r Voproora r:r ct. savoy per: # it nal ta he rata' tptn fur the eatStiiskunr it of arrr burl ndtty, Wit,. Tana, ar alter Man krprpriffert Fro. 3,) Af tfanliorsi fansraS 3Imiertiin i Saito nn tobrdIrertis Si the tolc■rodiv !crv1 it :en a' Set3 Karr o - Oath ifte 34 tRs] rastabbhrd usiv liczezniguca creche !Pe Inoue Paeirit ring User Siraico :tom Si P LUL %rnbiece Fore (ot).o.23O11a7#; ti ;lCE9 44 HO mum;bC,Opivio rapt 7gA: rat commence +xry Ind &tr. wti 461 7y titled rr t gilr<'.ry rith Urn vlSi c9r YLV first Sawirer =In dad, in it swnI my ratty dt`rort ibe6 hrei Ply dent to frit memo be (Am —le rncre elan Mm from tine doto or Ihe L rCar n. than ttt`rFi�h � bI t �ea prrpared A ;en I¢r arid rr Sella or *.corn, In:. It It:An V., 1`1,0)t.; ''lfltr;, CO !OM r i Ache/ant Ina 1g : Tt1wda, 1 , W,1. rr n t,#rte CO. 0 KERR-McGEE GATHERING LWW EXH;811 'An RIGHT OF WAY LANDS 10.1/ 4 SECTION 30 T4N R6N 6TH. PK WELD COUNITY, COLORADO 1 SCALD t"w30O" CAT; 0412 'y a JOB H.: 148O3 MU Me St VAN NOLSON ME No.; PAGE 2 OF 3 4133857 08/14/2015 12.21 PM Page 6of6 EXHIBIT R' N r/S CORKR N SEC. Ora JO 2511 . CAF 10945 (SURVEY 771 0 Fag 5 0Zt2 9. E 7514.x# J ij li OLSON BROS. LP. LOT U RE -274g RAW, w tnt awns or irs R41:11111 r; STEVE SHULTZ- LOT C, CORRECTED RE -2840 WIN SECTION 30 T4N RGZW 'GTH PM —C h'ER/wrI Wir Crierro—iscginY VW WW2 PIS 2_5 P!r411114. CAP 0045 y 1R E( 71E 7i' P_{?, AA' 3891.3`.49. 4 51T Ott"i 3? 5' e5 i Si !I Mir 25' TFw i%APV °4 'YCSPAC'f reFicais ; GHT Cir WAY DETAIL i•=100. STEVE SHULTZ LOT &, CORRECTED RE 2240 E1/4 SECTION 0 T4N R.67W TH PM mama mons OF WAY UN .FAKE L?aS 11674125. 'd L2 M38•35135° W L4=is, iN015'35* rI L4=11, . 0114 r r7Ia i. 75.64 t4124' 25,3.43' 45.64' TOW CENTERIVE LEMTh'i 527. FT 0C/ 5C C' L S iti tP JGfrat lend f o reign fpgicirs -aft Slannined fat visit* a#act anirdtr'tt hse °c21ic ”-r 'f ObCrivn 1rnc:, ,el- Le avu t 3 st nrktt 011wLl Sf i rncy tist rg arse it be opted ky Ohm 'AK tcg tuaiouta ZJ kith docr+ralt ' r=i3g Ire 5arity Set 19r irroeo'nn.ent snag pka. k 4 atQt trr as reI94 It tit SfILIS' n r' � acrid . rJ Laandart. tale.:wit isnae3 sulking., &M' mite ilnptrurw i 1rmEg, 3.4 Ai ! 'IetiVi"3, 6Jt1Mt* artl ( 1#n%k=ns silwar berm 74 bow `- Oteetirtat hen `.h`6 'CZY rcjkl cam uys1srr, c# 98 iurlh Zc ' M 0' >ftlle 48 G.:S.) Wags n I or1r Ft.?_K. s. 4rtoh lv ard1'itir 9M ONi t P iitoin &r r Sri&' c,i r:ed ay Via Carrmevs l FaCitar (or)=s uQP? 1/1"-a .,2iCt2C 14,) `SGT' E wterdint 45 Calandra AV yva rr conrnate gar./ fop: cao7 bind 00 imy Met 41 ea %r%tY ■ lin Tura piPCIT9 ally ,Mvu rer d'I ra zascE, 4v(ect. Ii ova rota nv cry{ oefw ' Se= upete- bery Afflict 't bisr smelt l co+r'I:roesd nal" Mc. ; ri "nw' 'tc Moto 4� the !ar4lfroerma -harry hrrnoat. L) Thh EschIW 'vs Fiend bymetA. ICI., F6S cid en helaic of Adrian, hic. 1'51 Tdlurrte St., Wk. T. Ot+1 1toi, c bugi, SCALS: 1 t3Oo Ack/an, Inc ?95 7'r�h1 �`e St , 5S 7 istilitin GO, 80850-1 KERB - WEE GATHER?NG L EXHIBIT "C RISHI OF We LANDS N NI/4 SECTION 30 14N Renil 6TH PM, WELD C0LINTY, COLORADO DATE; 04/2/14 JOB No:.1 O )4B tIVL ST. 'WA FQ raw AFT rte.- ._ -----, PAGE 3 OF 3 4112270 0610212016 03:02 PM Total Pages: 4 Red Fee: $26.00 Carly Koppes ppes - Clerk and Recorder, Weld County, CO RIGHT -of -WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant") is made this 25th day of March, 2014 from JAMES M. WARNER, whose address is 2707 South County Road 11, Loveland, Colorado 80537 ("Grantor}' whether one or more), to - KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 ('"KI IGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants and conveys unto "KMGG", its successors and assigns, a perpetual right-of-way and easement at the location described on Exhibit "A=" attached hereto and made a part hereof, for one or more buried pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: T SI-tIP 3 NORTH RANGE 67 WEST 6Tk PM SECTION 6: 5E/4 Weld County, Colorado. Including the right to survey, construct, maintain, inspect; operate, repair, replace, modify, change the size of, reconstruct, n -lark, monitor, abandon or remove and release KMGG's authorized facilities in the right-of-way, at KiVIGQ's election, Above ground appurtenances at a mutually agreeable location within the right of way shall be permitted only with Grantor's prior written approval, which approval shall not be unreasonably withheld, The general route and course of the right-of-way and easement conveyed hereby ("Right -of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof, The parties have agreed that the width of the Right -of -Way Lands is one hundred feet 0100) during construction, and subsequent to construction the width of the Right -of -Way Lands shall be seventy-five feet (75r'), r after the initial construction of the pipeline(s) KMGG may require, from time to tifne, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline(s) together with ail appurtenances. Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the surface of the Right -of -Way Lands, subject to the burden of the Right -of -Way, and has full right, power and authority to enter into this Grant, KMGG acknowledges that Grantor does not own the mineral estate underlying the Right -of -Way Lands and KMGG shall be responsible directly to the owners of the mineral estate, or their lessees, for any damages caused by KMGG's activities under this Agreement and on and under the Right -of -Way Lands. r The pipeline or other facilities to be constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantee accepts the Right -of -Way Lands in "AS IS", "WHERE IS4 condition, without warranties, express or implied (except as to the title warranty contained in this Grant), "with all faults°, including, but not limited to both latent and patent defects, and the existence of hazardous materials, if any. Grantee hereby waives all warranties, express or implied (except as to the title warranty contained in this grant) regarding condition and use of the Right -of -Way Lands, including, but not limited to, any warranty of merchantability or fitness for a particular purpose, This Grant is subject to all laws, rules and regulations relating to Grantee's use of the Right -of -Way Lands. Grantee shall obtain any and all consents, approvals, permissions, and agreements and shall comply with all laws, rules and regulations relating to its use of the Right -of -Way Landis, Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission, which permission shall not be unreasonably withheld. KMGG shall repair and/or restore any fence on or adjacent to the Right -of - Way Lands removed or severed by KIVIGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMGG. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by K 11G G's operations as provided for in this Grant, Page 1 of3 4112279 06/02/2015 03:02 PM Page 2 of4 KMGG shall level and restore any lands affected by Kttifi G G's operations that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction to the condition that existed at the time immediately prior to the placement of KIVIGG's pipeline(s), to the extent reasonably practicable. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building,, fence, reservoir, engineering works or other. structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of K.ItGG, which consent shall not be unreasonably withheld. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KNIGG's rights hereunder. KMGG and its agents shall enter upon the Right -of -Way Lands at their sole risk and hazard. Grantor hereby agrees that Grantee may, at its option, pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burde ned by the Right -of -Way. If Grantee exercises such option, Grantee shall be subrogated to the rights of the party to whom payment is made, and in addition to its other rights, may reimburse itself out of any rentals, royalties, shut-in royalties, or any other amounts otherwise payable to Grantor hereunder. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMG's activities and operations on the Right -of -Way Lands, except for any damageto structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein; and, Grantor shall pay for, reimburse, indemnify, defend and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on and under the Right -of -Way Lands or under this Agreement. Grantee agrees to immediately notify Grantor of any leaking or spillage of hazardous substances on or under the Right -of -Way Lands caused by Grantee or its agents. Grantee shall be exclusively liable 'for all cleanup and rer nedi ati on costs thereof and shall indemnify, defend and hold Grantor harmless from any claims relating to any such leaking or spillage. Grantee shall keep the Right -of -Way Lands free from any liens arising odt of any work performed, materials furnished, or obligations incurred by, through, for or under Grantee and shall Indemnify, defend and hold Grantor harmless from any liens. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted.. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Granter and KM 0G. KMGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant shall terminate upon the earliest to occur of the following (i) Grantee loses its rights to conduct or voluntarily ceases to conduct its operations using the facilities placed by Grantee in the Right -of -Way Lands, (ii) Grantee decides that it will no longer use the Right -of -Way Lands and gives Grantor notice thereof, or .(iii) Grantee does not actually use the facilities placed by Grantee in the Right -of -Way Lands for a consecutive period of three (3) years after construction iscomplete. Upon the termination of this Grant, Grantee shall remove all improvements, equipment or materials which it has caused to be placed upon the Right -of -Way Lands and leave the Right -of -Way Lands in a condition which is clean, free of debris and haza rd s and subject to neither environmental hazards nor liens caused by Grantee's activities. This Grant may be executed in counterparts each of which shall be considered one and the agreement. IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as date first above written. same of the Page 2 +pf 4112270 06/02/2015 03:02 PM Page 3 of 4 GRANTOR{ j: BY: AM = MI WARNER STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this tin weal� 2014, by James M. Warner. Witness my hand and official Seal. My Commission Expires: (SEAL) islarativiitt•ithi EiLAPR. AUSTIN ' o rARY PUBLIC STATE OF COLORAQO NOTARY ID # 20134008100 MY COMMISSIONEXPIRES FEBRUARY DB) 2077 d14/44day of Page 3 of 3 4112270 06/02/2015 03:02 PM Page 4 of 4 WCR 3s RS TIME NE1/4 PER P1)3 Or RE -350e 5t?tlTN UrE INEt/4 PER PLAT OF AE -3O72 I I +6 R 36 SITE SECTION MAP 1"=2OOD' JAMES Al, WARNER LOT C RE -3072 SE1/4 SECTION 6 T3N R67W 6TH PM affair RICHT OF WAY LINE Ter LIWs ag'tc'35" W L2=flW 00'43'25$ W 1.3=N 4416'35. E 1.441 00'225` W 158.29' 37,x,00' 100,1I' 1511.61' TOTAL CENTERLINE WIG??! 2143,01 FT - CENTERLINE RIGHT OF WAY SIM 37.5' 37,5' 75' SSS 25' TEMPORARY k`ORKSPACE TYPICAl RIGHT OF WAY DETAIL I1OO" tan P.01. CWTERUVE RIGHT OF WAY L3 L2 ----ger 4 9 1/4 CORNER SEC 6/SEC 5 3.25' 2.9 AWA. CAP PC 25379 (SURVEY TIE TO P.O.T. N 88'35'20' W 87.5$') EOISJINC PIPELINE EXISTING PIPELINE ot z LI -f P.O.B. EXIS'11Pt0 PIPELNE 300' 600' co les CK NIGR 36 ti 31 Icd 4 10 X 18 2.5" ALM CAP PIS 25379 (SURVEY PE TO P.0.B, N 00'4525" ti+ 712.36`) 1.3 beraiTons di utiltles CM foreign glpefines were determined from visible surface evidence. These locations it shown may not be accurate or complete. Other utilities may exist and ore to be field located by others prior to excayolian. 2.) This dooumcnt is not o kind survey plot or improvement survey plot. It is: not to be relied upon (or the establishment of ony land boundary, easement] fence. building, cr other future improvement tines, .} All directions. distances and dirnensions shown hereon art based on coordinates from the "Colorado coordhote system of 1983 north zone` (Article 52 0l title 38 C.R.S.) established using UPC P.S.0techniques and/or the Online Poslkianing User Service catered by the Hat Combined Factor (CfO=0.999727627, 1/CF=1.000272445 4.)NOTICE: According to Colorado low you must commence any leget action based upon any detect to this survey Alin three years otter you first discover such defect. h no event may any action based upon tiny &feet in Chit suvn be commenced more than ten years From the dale 4f the certification shown hereon. 5,) This Fxdr'b1t %as prepared by Mark h Hal, PLS 3607, for and on belief' of Ackiam, root 195 Telluride St., Suite 7, Brighton, CO 8060ti. Acklam, Inc 19,5 Tei+ur tie St.. Suite 7 WOW,' CO, 8t)601 KERR-McGEE GATHERING LIC EXHIBIT "A" RIGHT OF WAY LANDS SE1 M, SECTION 6 T3N R67W W 6TH PM, WELD COUNTY, COLORADO seta: 1'7,300' A4i: 04/17014 in N em 14803 JOB We St. thin to Nelson AFt< No.: 2tt3600, 4251393 11107/2016.10:06 AM Total Pages: 4 Rec Fee: 26 00 Carly Koppes - Clerk and Recorder. Weld County, CO SITE EASEMENT THIS SITE EASEMENT ("Ea emenr) is made this 1' day ofddaraaagtrea 2016, from JAMES M. WARNER, whose address is 2707 South County Road 11, Loveland, Colorado 80537 'Grantor'" whether one or more), to KERR-MCGEE GATHERING LLC1 a Colorado limited liability company. whose address is 109918th Street, Suite 1800, Denver, Colorado 80202 eKIVMGG1. The parties agree as follows: For and in consideration of Ten Dollars ($10:OO) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto KMGG., its successors and assigns, an exclusive, perpetual easement to survey, construct,, maintain, inspect, operate, repair, alter, replace, modify. change the size of, reconstruct, mark, monitor, abandon or remove and release, at KMGG's election., an Easement to accommodate pipelines, electric power lines, data transmission lines and equipment, and all appurtenances, below and/or above ground, necessary or convenient for the transportation or transmission of oil gas, petroleum products, water, electricity, electronic data, hydrocarbons and combinations or mixtures of any of the foregoing, in., on, over, under, or through the lands situated in Weld County, State of Colorado., being described as follows- (the "Lands"): TOWNSHIP 3 NORTH, RANGE 67 WEST, 6TH PM Section 6: Lot C of Recorded EYernDtion No. 1209-06-4 RE -3072 recorded May 22, 2002 at Reception No. 2953338 of the records of the Clerk and Recorder for Weld County, Colorado; being a part of the Southeast Quarter (SEA) The specific location and description of the Easement conveyed hereby covers one (1) site with the approximate dimensions of one hundred feet. (100') by one hundred feet (100) as more particularly described on. Exhibit "A'r, attached hereto and by this reference made a part hereof. After the initial construction of the below and/or above -ground appurtenances, KMGG may require, from time to time, temporary additional work space adjacent to the Easement to survey, construct, maintain, inspect, operate, repair, alter, replace, modify. change the size of, reconstruct, mark, monitor, abandon or remove said appurtenances. Grantor and KMGG agree to negotiate in good faith to allow KMGG the use of this temporary additional work space. Grantor represents and warrants to KIV1GG that Granter is the sole owner in fee simple of the Lands, subject to the burden of the Easement, and that Grantor has full right, power and authority to enter into this Easement: KMGG shall have the right to fence adI or any part of the Easement and gravel the surface. KMGG shall, within a reasonable time, grade, contour, Ievel,, compact, and restore any lands outside the boundaries of said Easement affected by K ''GG's operations to the condition, as nearly as is reasonably practicable, that existed at the time immediately prior to the placement of said KMGG appurtenances. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Easement, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent b this Easement for any and all purposes necessary and incidental to mtercising KMGG's rights hereunder KMGG shall be obligated to pay for, repair, replace and/or otherwise compensate Grantor for any and all damages resutting from l'M G's activities and operations or the Lands. Grantor shall pay for., reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's gross negligence or intentional misconduct on the Easement. KMGG shall defend indemnify and hold Grantor, and the successors, assigns, agents and ernpioyees of Grantor, harmless from and against any and all losses, expenses, hens, claims, demands and liabilities of every kind and nature for acts and omassi'ors of KMGG, its agents, contractors, subcontractors, affihates, employees, invitees and licensees, associated with this Easement. This Easement cannot be modified, except by an instrument in vvriting signed by Grantor and an authorized representative of KIGG. 4251393 11/07'/2016 1.0 O6 AM Page 2 of 4 The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Easement are a covenant running with the land and shall extend to and be binding upon the successors and assigns of Grantor and KIVIGG. KMGG shall record an original of this Easement in the records of Weld County, Colorado. By recording this Easement, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Easement may be executed in counterpart,, each of which shall be considered one and the same agreement. IN WITNESS WHEREOF. Grantor has executed and delivered this. Easement as of the date first above written. Grantor: STATE OF COLORADO )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 2016, by James M.. Warner, Witness my hand and official' Seal. My, Commission Expires: lirOsi ALEX 2 EVA NS NOTARY PUBLIC STATE OF COLORADO I No TA RV ID 2.C112ACP7C533 crylowi S:SIO EX P41- ks NOV. 191204 Seis._.tee oto/6 eavise5 Int fi Nola riPublic 4251393 W07/2016 1.0,06 AM Page 3 of 4 EXHIBIT A Description That parcel of land situated in Lot C of Recorded Exemption No, 120P-05-4 RE -3072, recorded ut Reception No, 2953335, Weird County Records, also being in the Southeast Quarter of Section 5, Township J North, Range 67 West of the Sixth Principal Meridian, County of. Weld, S ote of CQ brado, being more particularly described as follows: The 9,436 OF BEARING'S being the East tine of said Southeast Quarter of Section 6, said line be►ri m arlcnnented on the South by the Southeast Section Corner of said Section 6 which is a 2 1/2 Ind) aluminum cap stomped "PLS 25379", and on the North by the East c.uorter-Suction Corner 01 said Section 5 which is a 2 112 inch aitonin rrn cap stomped "PLS 25379% said line bears North 00`4:3'25'r West with oft beartngs contrained herein relative thereto. Beginning at a point on the West line of that 75 foot Right of Way desclrrhed in that Right of Way Grant recorded at Reception No. 4112270. Weld County Recorders, from whence said East Qtwrter-Section Corner of Section 6 bears North 0424"P t. East a distance of 1398.42 feet; Thence along said West /The of that 75 foot Right of Way, South 4.r0043125M East a distance of 100.00 feet; Thence leaving said West tine, South 89154.3 5." West a distance of 700.00 feet; Thence North OO'4,3'2b0 West a distance of 1GC).OO feet; Thence Nord, 89416":15" East a distance of 700.00 feet to ttie POINT OF &ECINM AIG, Said site contains an area of 0,230 acres (10,000 Sq.F), more or Jess.. Prepared by: Mark A. Hart Colorado PLS No. 35073 For and on behalf of: AIcktorn, Inc. 195 Telluride St., Suite 7 Brighten, CO 80601 MOWS 14 lotegicos at rM77es mna' ifaresgn prGrks one delennifted Ptcwibit liudote es EE met litestitilm t .glum mar nad to accurate at- ctmpJrla &►der data may mist cS are fa be ow acted by S par re d, CiNgfI OP rbo rabbi e tad Silica the &ttef"it of a Rctirrnrecietnt flimflam Ackarem. nIX.iS matted or shown o r Mgr ec,strtenrt, ri914 of xw, cued aginieseents 61 ascot d except as iawn hereon. . � legthiW nag ra oaf syprey plat a i r menacrt If ic� FtPt (d' he SW! itpun icr the ez4;Nichripeut or only fund &wd-dwy, eater** tea, taiskteig. rot "titter err to4rtrMtrrra goo; 4) &wasp !Mmr mom ate balm or 905, atlnnaiilrtrn vo '4',4'5 hers $etivoi ai £tui rr arras et tre Grua Posibtprog listr Stmkt- !he N:G.S fond projected to Totem* Cm .ie :System Of NM tfti lrs (CA& i - - Id * )04 irbtat+cai hi tart+ are US Peel M! The ICantilli Firtaar u5ezi Ra tWh i the rte' *tome er 0.90121621. NOTICE tYceartiid to Cdaaredar km no t eefJti71Wicr C read eats bused wpm cry hint in OS anti Nothia Wet rt., cffer se t dtixtiav r s'S' *red, in no toga no any eclia► Wined ; Plitr defect ie ,fry qtr be commuted ran than Peer yews kw Me dare elk erfWfatirpo mi Nee 6.) Thig ES s. Pairorel by MO 4, NA 'is Mit f * OW en beer of MAI" Q ] -t t • tSIAN 7. 6f'&tifori, CO SW Ackiarn Inc 195 Telluride SI , , Sul le 7 3n fl1�� Co. 00601 KERR- c EE GATHERING !IC EXHIBIT "A" SITE EASEMENT SE 1/4 SECTION 6 Re7W 67)-1 PM, WELD COUNTY, COLORADO SCALE N/A r0/r4,'o'Itr e rte,: 148613 4'09 MILE NSA RANCH Saki 1 OF2 REV: — 4251393 11/07/2016 1.0,06 AM Page 4 of 4 0072122' SCUTS tit ri(ET 4 : ,Plit OF RE -,1072 JAMES M4 WARNER LOT C RP -31072 SEM M SECTION ION 6 T3N R67W 6TH PM SW JANE TAME it 5 ,Or &V257 E Ware 12 s are w 100,00' Li t 07432 IV 100.C10 IA pi MI6 r 1'090 TOTALSPE AREAL! 10.000SQH, DimAWES* TES EASING 754 k 0.1V g. NO. 4112270 P.0.8, 0.8. 1,34x59,, .88 E.3;00'43.07`1 LA t: 40125)2533 -". L&4C° (04 9237483 Firs Cady: 0501 100'x100° ABOVE GROUNO APPURTENANCE SITE. '4 0 &OW OT 6 RE -3072 i 1/4 CORNER 5EC s/SEC 5 as* aUM.CAP PA 25379 (SIRVE ` W TO PAS. S 0474'17" w 1 98.42 ;1 la> — £tsmhfatc Paw r) Locutions of Wolfer $nd Tarv'igit per mate Os1irmw tram, n-ritte sutiont rociancet. Mrs' shwa may oat a 5e. circurote at - cu tt_ (?d1°rer dittoes no twist nod ore des be ha (wilted b ow, prt-br ta& eircarohie lr. 14 Ms rdlfr.: Mn Prorate einsai f Os Ostiaof d Nit connitiaineat, ti' reironJ *Vim Me rteand tesetithed or Maim m other eozeirrenent. rests dimes w,rtarrctt and dr ,iffg+nments M taco& omit es Mown treraam. j This eAsbil is not o kM sanity pint or inor'otareanf ti y OP, rd es tarn' ha 64 reli ad raga for tart+ niesionvro of anThi tong beaio►Rt, e mend.. Pens. herd, 1!r olI!er Mgt ibigneftiffirlf ShIS, 9,) Bearlitgs sheem Bann one &WV rraa tFis ogserrativar pig ''!^f Net.' Pali? +!±`!g Spray, ``e'' Ihrr OAT Peskier -day :fir Santim effer h p} Ms &,0, . mind proffered to ToIor 4c Cootofnale 5)e?em ci 19 Radii Fiala' MRS 3t' -5Z --•W5 A $08). (*teires Arian pecan a are an u5 5rnvjr Frel Oita FP): L"orrr# +erg 'Mgr use la vita* Iha g40 Cissionen CO99727677, .5,) NOTICE Accorlog to Calornea for you rn i nammancr a aji kqvi ncifran baaerd WW1 WV SKI .dr Una nom "Warn fairs yeott alter set first n cash no IMO. Wi t pity brie Oct toad' i40001 Ely d'er rt o iJollity be .cam more 1t `p t MPSaxe itia daia ad fh+e cCrn P katki i sane) Imam. ,5.) fris (, was peeptgod b wit A W* t'LS moat tar and at &tali at Acidrr , af1G tg Tarnarirk fir_, smite 2, Br7gh≥tart, co saw F b poi in el LI re— eifJ R f.J bra t :45. LUM. CAP P1 25379 Aaiun', Inc. 195. Td1urfde 51,1, 5udo 7 BrIgrrton CO. 1306C i KERB IC EE GATHERING LLC EXhiBIT 3*A" SITE EASEMENT Sal/4 SECPO? 6 T3h .ERG7W 6TH PM, WELD COUNTY, •MONO° SCALE f e300° tck 10A 745 JOS NAM MILSON MMIW 9i&T OF �4lElt: - spare 4578 PARCELS CROSSED BY PIPELINE SHEET NO. PARCEL NO. LEGAL DESCRIPTION OWNER RECEPTION NO. 2 105918000013 PT E2 18-4-67 PARCEL A CORR REC EXEIVI PT RE -1212 MASSEY FARMS LLLP N/A 2 105918000015 PT SE4 18-4-67 LOT B REC EXEMPT RE -1228 KERR-I ICGEE GATHERING LLC N/A 3 105930000047 PT 30-4-67 LOT B CORR REC EXEMPT RE -2840 SHULTZ, STEVE 4133857 3 105930000045 PT SE4 30-4-67 LOT B CORR REC EXEMPT RE -2841 (1.11R4D) SHULTZ, STEVE 4133857 4 105930400049 PT SE4 30-4-67 LOT A AMID REC EXEMPT RE -2841(1.81R) BRICHACEKJ JAY D 4119292 4 105931100052 PT N E4 31-4-67 LOT B REC EXEMPT RE -3239 (2.24R2D) SEELE LILA M TRUST 4148616 4 105931400056 PT E251 4/W2SE4 314 07 LOT D REC EXEMPT REC 13-0058 FRANK BROTHERS LAND LLP 4268062 5 105931000038 PT E2 31-4-67 LOT B REC EXEMPT RE -1788 (2.37R) FRANK BROTHERS LAND LLP 4268062 5 120906100047 PT NE4 6-3-67 LOT B REC EXEMPT RE -3506 (2.42R) KROES FAMILY SEPT REVOCABLE 17 04 TRUST 4232988 6 120906400045 PT SE4 6-3-67 LOT C REC EXEMPT RE -3072 (3.25R) WARNER, JAMES M 4112270 6 120906400045 PT SE4 6-3-67 LOT C REC EXEMPT RE -3072 (3.25R) WARNER, JAMES M PROPOSED EASEMENT 6 120906400045 PT SE4 6-3-67 LOT C REC EXEMPT RE -3072 (3.25R) WARNER, JAMES M PROPOSED EASEMENT 6 120905300026 PT S14 5-3-67 LOT B REC (1.70R) EXEMPT RE -3374 ESC UPRR RES KROES FAMILY REVOCABLE TRUST 4232988 6 120905300023 PT SW4 5-3-67 LOT A REC EXEMPT RE -873 EXC UPRR RES (1R) KROES FAMILY REVOCABLE TRUST 4232988 7 120908000015 21163 NW4 8 3 67 BERRY FARMS LLC 4053323 7 120008 000015 21163 N 4 8 3 67 BERRY FARMS LLC PROPOSED EASEMENT FID Shape * 0 Polyline 1 Polyline 2 Polyline 3 Polyline 4 Polyline 5 Polyline 6 Polyline 7 Polyline 8 Polyline 9 Polyline 10 Polyline 11 Polyline 12 Polyline 13 Polyline 14 Polyline 15 Polyline 16 Polyline 17 Polyline 18 Polyline 19 Polyline 20 Polyline 21 Polyline 22 Polyline 23 Polyline FID_Parcel PARCEL 84007 84011 84013 84014 84015 84022 84025 84044 90440 90442 90453 90465 90467 90468 90472 90478 90479 90481 90482 90483 90485 90714 83271 83273 105930000019 105930000045 105930000047 105930000048 105930400049 105931000038 105931100052 105931400056 120905300023 120905300026 120906100047 120906400045 120908000015 120908000016 120908000022 120908400001 120908400002 120909000005 120909100001 120909200002 120910000006 120915200036 105918000013 105918000015 MHSPACE ACCO UNT1 ACCOUNTIN R R R R R R R R R R R R R R R R R R R R R R R R R1016502 R1027602 R1027902 R1028102 R2226903 R1037796 R1520402 R6785635 R2144103 R2144403 R2597103 R1648902 R4792786 R4792886 R0265493 R8943701 R8943702 R0282487 R6787443 R8943900 R0282587 R2724104 R0024292 R0534201 NAME OLSON BROS LP S H U LTZ STEVE SHULTZ STEVE S H U LTZ STEVE BRICHACEK JAY D FRANK BROTHERS LAND LLP SEELE LILA M TRUST FRANK BROTHERS LAND LLP KROES FAMILY REVOCABLE TRUST KROES FAMILY REVOCABLE TRUST KROES FAMILY REVOCABLE TRUST SEPT 17 04 WARNER JAMES M BERRY FARMS LLC BERRY FARMS LLC MCLAUGHLIN GARY MCLAUGHLIN GARY L LABAU KAY T LIVING TRUST PUBLIC SERVICE CO OF COLO PUBLIC SERVICE COMPANY OF COLORADO PUBLIC SERVICE CO COLO PUBLIC SERVICE CO OF COLO ANADARKO E & P COMPANY LP MASSEY FARMS LLLP KERR-MCGEE GATHERING LLC ADDRESS1 ADDRESS2 CITY STATE C/O ROGEF PO BOX 86 JOHNSTOUACO 21475 COL 21475 COL 21475 COL 19013 COL PO BOX A 18769 COL PO BOX A 8509 AVEN 8509 AVEN 8509 AVEN 2707 S COI MILLIKEN CO MILLIKEN CO MILLIKEN CO JOHNSTO\A CO MILLIKEN CO JOHNSTOUI CO MILLIKEN CO TIPTON TIPTON TIPTON CA CA CA LOVELAND CO C/O CHARL 2195 CHAT% PUEBLO CO C/O CHARL 2195 CHAD PUEBLO CO 16191 COL PLATTEVILI CO 16191 COL PLATTEVILI CO 2951 ADMI ANCHORAC AK TAX SERVIC PO BOX 19 DENVER TAX SERVIC PO BOX 19 DENVER TAX SERVIC PO BOX 19 DENVER TAX SERVIC PO BOX 19 DENVER ATTN: TRA' PO BOX 17 DENVER C/O WILLIP 23570 E PA AURORA ATTN: TRA.' PO BOX 17 DENVER CO CO CO CO CO CO CO ZIPCODE 8.05E+08 8.05E+08 8.05E+08 8.05E+08 8.05E+08 8.05E+08 8.05E+08 8.05E+08 9.33E+08 9.33E+08 9.33E+08 8.05E+08 8.1E+08 8.1E+08 8.07E+08 8.07E+08 9.95E+08 8.02E+08 8.02E+08 8.02E+08 8.02E+08 8.02E+08 8E+08 8.02E+08 LEGAL PT SE4NE4/NE4SE4 E4SE4 30-4-67 LOT B CORR REC EXEMPT RE -2874 (1.20R) PT SE4 30-4-67 LOT B CORR REC EXEMPT RE -2841 (1.11R4D) PT 30-4-67 LOT B CORR REC EXEMPT RE -2840 PT 30-4-67 LOT C CORR REC EXEMPT RE -2840 (1.02R) PT SE4 30-4-67 LOT A AMD REC EXEMPT RE -2841(1.81R) PT E2 31-4-67 LOT B REC EXEMPT RE -1788 (2.37R) PT NE4 31-4-67 LOT B REC EXEMPT RE -3239 (2.24R2D) PT E2SW4/W2SE4 314 67 LOT D REC EXEMPT RECX13-0058 PT SW4 5-3-67 LOT A REC EXEMPT RE -873 EXC UPRR RES (1R) PT SW4 5-3-67 LOT B REC EXEMPT RE -3374 EXC UPRR RES (1.70R) PT NE4 6-3-67 LOT B REC EXEMPT RE -3506 (2.42R) PT SE4 6-3-67 LOT C REC EXEMPT RE -3072 (3.25R) 21163 NW4 8 3 67 21159 W2NE4 8 3 67 (1R) 21161 SE4 8 3 67 EXC BEG AT THE E4 COR OF SEC 8 W1287.10' 51287.10' E1287.10' N1287.10' TO BEG AND EXC B PT SE4 8-3-67 LOT A REC EXEMPT RECX15-0094 PT SE4 8-3-67 LOT B REC EXEMPT RECX15-OO94 21165 E2 9-3-67 E OF UPRR PT E2 09 3 67/SE4 04 3 67/ NW4 3 3 67 AND PT SW4 34 4 67 DESC AS A STRIP OF LAND 150' FT WIDE BEING 75; W ALL 9-3-67 W OF RR R/W EXC BEG AT NW COR NW4 E280' S147' W280' N147' TO BEG TR 10 (1A M/L) EXC UPRR RI 21173 ALL SEC 10 3 67 (16R8SHT) PT NW4 15-3-67 LOT C REC EXEMPT RE -3621 EXC UPRR RES (4.01R) PT E2 18-4-67 PARCEL A CORR REC EXEMPT RE -1212 PT SE4 18-4-67 LOT B REC EXEMPT RE -1228 AREAID ACCTTYPE BUSINESSN MAPNO BORDERINI LOCCITY STREETNO STREETDIR STREETNAP 2369 Agricultura 2369 Agricultura 2377 Agricultura 2369 Agricultura 2377 Residential WELD 19013 CR 15 2369 Agricultura WELD 18121 CR 15 2369 Agricultura 2369 Agricultura WELD 18489 CR 15 2275 Agricultura 2273 Agricultura 2273 Agricultura 2273 Agricultura 2272 Agricultura WELD 16936 CR 15 2272 Agricultura 2267 Agricultura 2267 Agricultura WELD 16191 CR 17 2267 Agricultura 2262 Real State 2261 Real State , 2261 Real State 2179 Real State USR 1654 WELD 9379 CR 34 3052 Industrial WELD 9290 CR 34 3118 Agricultura 2364 Agricultura STREETSUF STREETALP SITUS 19013 CR 1 18121 CR 1 18489 CR 1 16936 CR I 16191 CR 1 9379 CR 3A 9290 CR 3A LAN DACT IMPACT TOTALACT LAN DASD IMPASD PA.S D TOTALASD D 6437O 92323 29804 144097 368382 87514 20557 135734 64 63874 7825O 66362 118358 78805 36612 1406O 61818 0 0 0 0 112789 89822 80392 O O O O 369726 39154 O 255780 O O O O 445299 O O 398729 O O O O O 110966 O O 64370 92323 29 804 144O97 738108 126668 2O557 391514 64 63 874 78250 66362 563657 78805 36612 412789 61818 0 0 0 0 223755 89822 8O392 1867O 2678O 864O 4179O 2652O 2538O 5960 3936O 2O 1853O 2270O 1925O 3433O 2286O 1O61O 408O 1792O 0 0 0 0 3271O 2605O 2332O 0 O O O 2662O 292O O 7418O O O O O 3348O O O 5515O O O O O O 3218O O O 18670 26780 8640 41790 53140 283O0 5960 113540 20 18530 22700 19250 67810 22860 1O610 59230 17920 0 0 0 0 64890 26O50 23320 SUBCODE SUBNAME BLOCK LOT SALEP SALEDT DEEDTYPE RECEPTION ASSRC0DE 0 0 <Null> 1059 0 0 <Null> 1059 0 0 <Null> 1059 0 697000 ######## WD 2905502 1059 0 690000 ########### WD 3543152 1059 0 1100000 3/3/2005 SWD 3267348 1059 0 0 <Null> 1059 0 0 <Null> 1059 0 1220000 ########### WD 3897009 1209 0 1220000 ########## WD 3897009 1209 0 1550000 ########## SWD 3828063 1209 0 1045700 ########## WD 3571860 1209 0 1029800 ########### WD 3345271 1209 0 1029800 ########### WD 3345271 1209 0 245000 4/6/2017 SWD 4291930 1209 0 0 <Null> 1209 0 600000 ########### WD 4270428 1209 0 0 <Null> 1209 0 0 <Null> 1209 0 0 <Null> 1209 0 0 <Null> 1209 0 2820000 ######## WD 3974166 1209 0 0 <Null> 1059 0 800000 ########## WD 4400048 1059 TOWNSHIP RANGE SECTION QTRSECTIC STR 4 67 30 0 30 4 67 0 4 4 4 4 4 4 4 3 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 67 30 30 30 30 31 31 31 5 5 6 6 8 8 8 8 8 9 9 9 10 15 18 18 0 304 67 0 0 30 4 67 0 0 304 67 0 4304674 0314670 1314671 4314674 3 53673 3 53673 163671 4 63 674 083670 083670 083670 4 83 674 4 83 674 093670 193671 2 93672 0103670 2153672 0184670 0 18 4 67 0 SU B_BLK_L Latitude 40.28365 40.27984 40.2866 40.28485 40.27789 40.26646 40.27409 40.26707 40.24845 40.25165 40.25863 40.25161 40.24405 40.24401 40.23861 40.23607 40.23463 40.23957 40.24384 40.24041 40.24005 40.22919 40.31184 40.30795 Longitude STR2 - 104.925 S30 T4 R67 - 104.928 S30 T4 R67 -104.93 530 T4 R67 - 104.936 S30 T4 R67 - 104.931 S30 T4 R67 - 104.926 S31 T4 R67 - 104.928 S31 T4 R67 - 104.932 S31 T4 R67 - 104.922 55 T3 R675. -104.921 S5 T3 R67 5 - 104.926 $6 T3 R67 1 - 104.928 $6 T3 R675. - 104.919 S8 T3 R67 - 104.912 S8 T3 R67 - 104.912 S8 T3 R67 - 104.907 S8 T3 R675. -104.91 S8 T3 R67 S - 104.887 S9 T3 R67 -104.889 S9 T3 R671 - 104.897 S9 T3 R67 P - 104.877 S10 T3 R67 - 104.882 S15 T3 R67 - 104.928 S18 T4 R67 - 104.928 S18 T4 R67 GIS_Acres PARC3 65.20745 90.66206 25.88935 146.5279 16.25285 76.79066 118.7299 156.1952 9.316694 64.46173 75.80842 152.7929 157.773 78.79 667 37.784 19.6288 61.22621 84.33218 46.81088 525.5283 628.6979 152.607 95.41336 72.09 73 6 SBR_NUM Shape_Len 19 6988.803 45 11575.11 47 542 5.706 48 12050.53 49 7135.202 38 8112.121 52 9980.525 56 12465.85 23 2701.313 26 7617.855 47 8005.279 45 11934.26 15 10488.2 16 7900.745 22 5131.565 1 4142.216 2 7893.885 5 12073.89 1 27027.6 2 19278.87 6 20923 36 10068.28 13 8691.588 15 7845.145 Shape_Le_ Shape_A►re 6988.803 11575.11 5425.706 12050.53 7135.202 8112.121 9980.525 12465.85 2701.313 7617.855 8005.279 11934.26 10488.2 7900.745 5131.565 4142.216 7893.885 12073.89 27027.6 19278.87 20923 10068.28 8691.588 7845.145 2840164 3948972 1127640 6382110 707915 3344690 5171403 6803233 405796 2807687 3301902 6655044 6871943 3432056 1645720 854946.5 2666766 3673170 2038891 22889874 27383533 6646940 4155764 3140322 FID_PIPELI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 STATE OF COLORA�O John W.1-tickentooper, Governor Christopher E. Urbino, MDR MPH Executive Director and Chief Medical! Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 60230-6928 Located in Glendale, Colorado (303) 692-3090 hi tp; //www.Cdphie,.state.co. us June 21, 2012 Paul Schneider, Sr Staff EHS Rep Kerr McGee Gathering LLC 1099 18 St Ste 1800 Denver, CO 80202 RE: Renewal of Permit/Certification Administrative Continuation For: Area 3 Kerr Located at: See Map in File, Longmont, Weld Comity Permit No.: C0 R0 9802 Dear Mr Schneider; Colorado Department of Public Health and Environment RECEIVED BY EMS rjui 0 i 2Otz The Division has received an application to renew the above permit/certification. it has been determined that there is sufficient information to make this permit/certification eligible for renewal. More information may be requested by the Division as progress is made in developing a new permit/certification for the above listed facility. This information must be made available to the Division when requested to complete the e permit process. The Division is currently in the process of developing a new permit or master general permit and associated certification for the above permitted facility. The development and review procedures required by law have not yet been completed. When the discharge permit issued to you for your facility expired on June 30, 2012 your permit is adrnimistratively continued and remains in effect under Section 104(7) of the Administrative Procedures Act, C.R.S. 1973, .2 4-101, et seq (198.2 repl. vol. 10) until the new permit/certification is issued and effective. All effluent permit terms and conditions in your current permit will remain in effect until your new permit/certification is issued and effective. PLEASE KEEP THIS LETTER WITH YOUR PERMIT AND SWINIP TO SHOW CONTINUATION OF PERMIT COVERAGE. Sincerely, Debbie Jessop Permits Section WATER QUALITY CONTROL DIVISION xc: Permit File STATE OF COLORADO ._1 Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www.cdpheastate.co.us June 20, 2007 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Troy Person, Area Supt. Kerr-McGee Gathering LLC, 635 N. 7th. Avenue Brighton, CO 80601 303/655-4339 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: OR -039802 Area 3 Weld County Local Contact: Troy Person, Area Super. 303/6554339 Dear Sir or Madam: Colorado Department of Public Health and Environment eot Enclosed please find a copy of the new permit and certification which have been re -is sued to you under the Colorado Water Quality Control Act. Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at www.cdphe.state.co.us/wq/permitsunitistormwater or contact Matt Czahor at (303) 692-3517. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL 1TROL DIVISION xe: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY O TROL DIVISION TELEPHONE: (303) 6924500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR-030000 STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number COR039802 This Certification to Discharge specifically authorizes: Kerr-McGee Gathering LLC LEGAL CONTACT: Troy Person, Area Supt Kerr-McGee Gathering LLC 635N. 7thAvenue Brighton, CO 80b0.1 Phone # 303/655-4339 troy.person@anadako.com LacAL, CONTACT: Troy Person, area Super., Phone # 303/655-4339 troy. p erson t'a,�acn adako. porn During the Construction Activity: Oil. & Gas Field Development to discharge stormwater from the facility identified as Area 3 which is located at: map in file near Longmont Longmont, Co Latitude 40.17, Longitude 105.01 In Weld County to: St. Vrain Creek -- South Platte River Anticipated Activity begins 4313012006 continuing through 12l3112008 On >5 acres {>5 acres disturbed} Certification is effective: 47101I2007 Certification Expires: 06/30/2012 Annual Fee: $245.0{3 (DC! NOT PAY NOW - A prorated bill will be sent shorty.) Page 1 of 22 STATE OF COLORADO ..a Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http:i/www.cdphe.state_co. us June 20, 2007 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 892-3090 Troy Person, Area Supt. Kerr-McGee Gathering LLC, 635 N.7th Avenue Brighton, CO 80601 303/655-4339 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: OR -03 98 03 Area 2 Weld County Local Contact: Troy Person, Area Super. 303/655=4339 Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the new permit and certification which have been re -issued to you under the Colorado Water Quality Control Act. Your old permit expires on June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at www.cdphe.state co .us/1w ennitsunitistonnwater or contact Matt Czahor at (3 03) 692=3517. Sincerely, Kathryn. Dolan Storrnwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File f STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CUPS GENERAL PERMIT COR-030001) STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number COR039803 This Certification to Discharge specifically authorizes: Kerr-McGee Gathering LLC LEGAL CONTACT: Troy .Verson, Area Supt Kerr-McGee Gathering LLC 635 N. 7th Avenue Brighton, CO 80601 Phone # 303/655-4339 troy.person@anadako.com LOCAL CONTACT: Troy Person, Area Super., Phone # 303/t555-4339 troy.person@anadaka.com During the Construction Activity: Oil & Gas Field Development to discharge stormwater from the facility identified as Area 2 which is located at: map in file near Greeley Greeley, Co Latitude 40.364, Longitude 104.899 In Weld County to: St. Vrain Creek -- South Platte River Anticipated Activity begins 03/30/2006 continuing through On >5 acres (>5 acres disturbed) Certification is effective: 07/01/2007 Certification Expires: 06130!2012 Annual Fee: $245.00 (DO NOT PAY NOW — A prorated bill will be sent shortly) Page 1 of 22 r Hello