HomeMy WebLinkAbout20181207.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION
DEPARTMENT OF PLANNING SERVICES * 1555 N. 17 AVENUE * GREELEY, CO 80631
www. weldgo v corn * 970-353-6100 EXT 3540 * FAX 970-304-6498
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
Parcel Number*: 1 4 6 9. 0 7_ 4 0 0_ U 0 8
Address of site: Pipeline crosses multiple parcels.
Legal Description: SE 114 of Section 7 (start of line)
(*A 12 digit number on Tax 1.O
information, obtainable at
WWW elkllv.co!' )
Section: 7,5 9 16,15 Township: I
N Range: 67 W
Zone District: AG Acreage: Floodplain:OYON Geological Hazard: fl Airport O riay:OY ON
FEE OWNER(S) OF THE PROPERTY:
Name:
Company:
Phone #:
Street Address:
Email:
City/State/Zip Code:
Name:
Company:
Phone It
Street Address: _
City/State/Zip Code
Name:
Email:
Company:
Phone #:
Street Address
City/StatelZi p Code:
Email.
APPLICANT OR AUTHORIZED AGENT: (See below Authorization must acconpany all applications signed by Authorized Agents)
Name: Samuel Samet
Company:
Phone #:
Kerr McGee Gathering
720-929-3317
Street Address: 1099 18th St
Email: Sam.Sarnet@anadarko.com
a@anadarko.com
City/State/Zip Code: Denver, CO 80202
PROPOSED USE: Kerr McGee Gathering proposes to install a new 24" high pressure natural gas pipeline. The line will start in
the SE 1/4 of Section 7 on parcel 146907400008, bisect Section 8 across the NRC property, bisect Section 9 across the NRC prope rty,cress CR 10 then
cross the NE corner of section 16 into the NW corner of section 15 in Ti N R67W.
I (We) hereby depose and state under penalties of perjury that all statements, proposals} and/or plans submitted with or
contained within the application aretrue and correct to the bestof my (our)knowledge. Signatures of all fee owners of property
m ustsign 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
authoris ign for the corporation.
Sign
{owner uthorized Agent Date Signature: Owner or Authorized Agent Date
Samuel Samet
Print Name
Print Name F?ev X01'6
1. Use by Special Review uestionnaire
1.1 DESCRIPTION OF PROPOSED USE OF THE PROPERTY.
This USR application is referred to as the Dacono to Frederick Kerr-McGee Gathering, LL ( l CIG),
24" High -Pressure Natural Gas Pipeline. Kerr-McGee is a subsidiary of Anadarko Petroleum Corporation.
Kerr-McGeefAnadarko eefAnadarko operate approximately 5000 wells within the Denver-Julesberg J) 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 facilities.
This application specifically addresses the need for a new high pressure gas pipeline in Township 1 North,
Range 67 West. This phase of the pipeline will be approximately 23 miles long and will run in a east/west
direction and cross multiple sections including 7, 8, 9, 16, and 15 in Township 1 North, Range 67 West. The
line will connect into the Dacono Compressor Station [USR 14-0019, SEC 7-T 1N -R67) and into a future
planned facility that will be permitted at a later date through the USR process.
Ken -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 agreements that
allowed for multi -line routes.
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 additional 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 gas line 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 Use 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.
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 and dust suppression.
Kerr McGee 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 backf"illed into the trench. The segregated topsoil will be placed atop the
subsoil, and the right-of-way will be graded to preconstruction contours; if disturbance to crops occurs the
landowner would be compensated at fair market value; a Colorado Department of Public Health and
Environmental (CDPHE) Construction Stormwater Permit will be obtained. The permit requires the
development of a SWIVP. Kerr McGee has developed the Stormwater Management Plan [SWMP] WHIP] 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 permanent 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-
3 -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 except during construction. Once the line is
in operation, 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 thatthere is no need
for permanent water and sewer service needs. Personnel can utilize these services at their typical 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.
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 Gam -5 pm 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.
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?
An Anadarko employee will visit the pipelines on a regular basis in a company pick-up truck. In
maintenancelemergency situations, larger equipment may be utilized.
Who will provide fire protection to this site?
Mountain View Fire Protection District and Fort Lupton Fire Protection District 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
part -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.
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, 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.
1.8 EXPLAIN HOW THE STORM WATER DRAINAGE WILL BE HANDLED ON THE SITE.
Kerr-McGee's construction activities are covered by a Colorado Department of Public Health and
Environment Stormwater Discharge Permit, AnadarkofKl GG will adhere to all Colorado Dept. of
Public Health. and Environment's rules and regulations in regards to storm water discharge,
3
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 andwater runoff. Anadarko utilizes a third -party
contractor (LTE Environmental) to conduct the permit -mandated BLIP 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.
Kerr-McGee would like to start construction on April 1st and anticipates the construction to take
approximately 4 months. The stages of construction will consist of a one week mobilization and clearance
of ROW. Then the pipeline will be installed. At the end of the pipeline installation, Kerr-McGee will take
approximately two weeks to perform final finding and reclamation of the ROW.
In case of decommissioning the pipeline, Kerr McGee's plan would be to abandon in place which consists
of the steps listed below:
• Pigging the line to remove any liquids from the line
• Remove any above ground facilities
• Nitrogen purge of the line, leave 1 opsig on the line, and cap both ends, backfill and reclaim
"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 and/or its contractorwill obtain the necessary access permits and will be submitted for review.
3. Wald County Water Supply and Sewer Disposal
Due to the nature of this facility being one natural gas pipeline an approximate total of 2.5 mile stretch,
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.
4. Emergency Response Information
Due to the nature of this facility being a gas pipeline for an approximate total of 2.5 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 Central Data Center provides 24/7
monitoring and emergency response that number is 1-866-504-8184.
In any case the following personnel at Anadarko can be reached if necessary:
Charles R. Chase — Staff HE Representative
1099 18th St.
4
Denver, CO
(720) 929 3721
(307) 399 3911— Mobile
Rick Morrish — Sr, Staff HSE Representative
501 N Division Blvd,
Platteville, CO 80651
970 515 1157
(303) 570 4745 — Mobile
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.
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" 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 Development Permit or Flood Hazard Permit are not applicable with the pipeline.
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.
5
All roads will be designed and maintained to support fire apparatus. A turnaround may be constructed as
necessary to accommodate fire apparatus. Anadarko 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 Central
Data Center in Platteville 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.
• 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 Front
Range Fire Rescue.
6
11. Notification Requirements
In accordance with Section 23-2-260 (B) (9) of the Weld County Code a certified list of the names and
addresses of the owners of property within 500 feet of proposed project is included in this application.
The County is responsible for mailing the notice. This list was created from Assessor records of Weld
County on 1/9/2018,
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.
11.2 LAND OWNERSHIP INFORMATION AND ROW
Please see appendix .
7
KERR-MCGEE GATHERING LLC
ASSISTANT SECRETARY'S CERTIFICATE
I, Margaret E. Roark, Assistant Secretary of KERR-MCGEE GATHERING
LLC, a Colorado limited liability company (the "Company"), do hereby certify that the
following resolutions were adopted by the sole member of the Company on the 21St day
of December 2010, as the same appear in the minute book of the Company, and that said
resolutions remain in full force and effect as of the date hereof, and have not been
amended, repealed, rescinded, revoked or changedin any way whatsoever.
POWERS of ATTORNEY
RESOLVED that any employee of Anadarko Petroleum Corporation
holding the title of Land Director or Land Manager be, and each of them
hereby is, made, constitutedand appointed as a true and lawful Agent and
Attorney -in -Fact for the Company and, in its name, to perform the
hereinafter specified acts within the States of the United States of America,
under state or federal jurisdiction, to -wit:
1. ASSIGNMENTS: To execute and deliver on behalf of the
Company, as its duly authorized Agent and Attorney -in -Fact,
assignments of oil and gas leases and geothermal leases;
assignments of surface easements and rights -of -way; and
assignments of surface owner agreements.
. RELEASES D RELINUIHENT. To execute and
deliver on behalf of the Company, releases or relinquishments of
easements and/or rights -of -way; releases of surface owner
agreements; releases of leases for oil, gas, coal -bed methane,
sulfur, any other mineral or steam and any other geothermal
resources; together with the authority, if appropriate to request
approval of such releases or relinquishments.
3. LEASE DOC U IVIEN T : To execute and deliver on behalf of
the Company, leases or partial interests therein for oil, gas, coal -
bed methane, sulfur, and any other mineral or steam and any
other geothermal resources; Federal, Indian and State leases for
oil and gas, coal -bed methane, sulfur, and any other mineral or
steam and any other geothermal resources and authority to
request approval thereof; lease bids; lease applications; lease
offers; surface leases; .joint bidding agreements; bonds; leaseout
agreements; stipulations or other related documents which may
be required for issuance of any lease(s) for oil and gas, coal -bed
methane, sulfur, and any other mineral or steam and any other
geothermal resources, leases of the Company minerals or
surface property.
4. GENERAL DOCUMENTS: To execute and deliver on behalf
of the Company, deeds; joint operating agreements; gas
balancing agreements; transfer orders; letters in lieu of transfer
orders; division orders; Affidavits of Production; easements,
servitudes and right-of-way agreements; pooling agreements;
communitization agreements; unit agreements; unit reformation
agreements; cooperative unit agreements; federal and/or state
unit agreements; farm in agreements; farm out agreements;
seismic option agreements; seismic permits; non -drilling
agreements; acreage contribution agreements; bottom hole
contribution agreements; production handling agreements;
seismic option agreements; exploration agreements; venture
agreements; pipeline crossing agreements; well data trade
agreements; communications agreements; radio tower
agreements; federal unit agreements; federal unit operating
agreements; dry hole contribution agreements; geothermal
leases; water disposal agreements; surface use agreements; road.
use agreements; surface damage settlements; surface owner
agreements; subsurface easements; contracts for the purchase
and sale of surface sites for field operations; agreements relating
to seismic operations and other similar such documents.
5. FEDERAL LEASES: To execute and deliver on behalf of the
Company simultaneous oil and gas lease applications and offers;
to execute and deliver on behalf of the Company simultaneous
oil mid gas lease applications and lease offers, statements of
interest and holdings and other statements required or authorized
by the Federal Mineral Leasing Act of 1920, the Mineral
Leasing Act for Acquired Lands of 1947, the Geothermal
Energy Act of 1980, the Indian Mineral Act of 1982, the Federal
Onshore Oil and Gas Leasing Reform Act of 1987, any statute
relating to Indian tribal or allotted lands or state lands, as
amended or supplemented, the Outer Continental Shelf Lands
Act and the Outer Continental Lands Act Amendments of 1978,
as amended or supplemented. and the regulations heretofore or
hereafter issued pursuant thereto or any other law, now or
hereafter enacted, or the regulations (Code of Federal
Regulations) passed pursuant thereto.
6. GENERAL POWERS: Except as noted elsewhere in this
provision, to execute and deliver such other related documents
as may be required in order to conduct the business of the
Company. This Power of Attorney shall be construed broadly
as a General Power of Attorney. The listing of specific powers
is not intended to limit or restrict the general powers granted
in this Power of Attorney in any manner. The Company
hereby limits the authority of the Attorney -in -Fact named
herein, insofar as it relates to the filing of offers to lease and
instruments of assignment, transfer and sublease, to make such
filings for the sole and exclusive benefit of the Company and not
on behal f of any other person in whole or in part, and hereby
specifically prohibits the Attorney in Fact from filing offers to
lease on behalf of any other person or entity.
7. WAIVER OF DEFENSES: As to all acts taken, or acts
performed under this Power of Attorney, the Company agrees to
be bound to representations made on its behalf by the said Agent
and Attorney -in -Fact and does hereby waive any and all
defenses which may be available to it to contest, negate or
disaffirm actions of said Agent and Attorney-i n -Fact.
RESOLVED that this Power of Attorney shall be effective and shall
remain in effect until rescinded by the Company; provided, however, that the
authority granted to any Land Director or Land Manager by this Power of
Attorney will expire immediately upon the termination of employment,
change of title, death or disability of such Land Director or Land Manager.
RESOLVED that any documents consistent with the authority herein
granted may be executed with the title "Land Manager", "Land Director", or
"Agent and Attorney -in -Fact."
RESOLVED that if any of the powers granted herein shall be
declared invalid, inoperative or void, such declaration shall in no way affect
the validity of the others powers granted herein.
3
I do hereby further certify that the following employee of Anadarko Petroleum
Corporation holds the title set opposite his name hereunder as of this date and, pursuant
to the foregoing resolutions, is duly authorized to act for and on behalf of the Company:
NAME
Ronald H. Olsen
TITLE
Land Manager
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Company this 26th day of August 2013.
.ti
STATE OF TEXAS
COUNTY OF MONTGOMERY
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Margaret E. Roark
Assistant Secretary
BEFORE ME, the undersigned Notary Public in and for the State of Texas, on
this day personally appeared Margaret E. Roark, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that she
executed the same for the purposes andconsideration therein expressed.
Given under my hand and seal of office this 26th day of August 2013.
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4124674 07/15/2015 09:59 Al l
Total Pages: 4 Rec Fee: $26.00
Carly Koppes - Clerk and Recorder, Weld County, CO
RIG SIT -of -Alf GRANT
49 A tit
THIS R1 GHT-OF• AY GRANT (Grant) is made thisTiday of , 2014, from
Johnson Farms, LLP, a Colorado limited liability partnership whose addles is 16 Sunset Circle,
Longmont, Colorado 80501("Grantor," whether one or more), to KERR-MCGEE GATHERING
LLC, a Colorado limited liability company, whose address is 1099 18th Street, suite 1600, Denver,
Colorado 80202 ("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 of which are hereby acknowledged, Grantor hereby
grants, conveys and warrants unto "KNI ", its successors and assigns, a perpetual right-offway
and easement to survey, construct, maintain, inspect, operate, repair, replace, modify, change the
size of, reconstruct, mark, monitor, abandon or remove and release, at Kl lG '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 I NORTH, RANGE 67 WEST, 6Th PM,
Section 7: Part of the South Half (S2)
The route and course of the right-of-way and easement conveyed hereby (Right -of -Way
Lands") are more particularly described on Exhibit "N attached hereto and made a part hereof.
The width of the Right -of -Way ay Lands is One hundred and Twenty-five feet (125') during
construction, and subsequent to construction the width of the Right -of -Way Lands is One Hundred
feet (100'). If there is a deviation in the Right -of -Way Lands as constructed, then Grantor agrees
that upon request from KNIGG the parties will execute a Notice of Pipeline Location along with an
as -built survey plat to amend the description of the Right -of -Way Lands.
From time to time after the initial construction of the pipeline(s), KiVIGG may require the use
of the construction work space depicted on said Exhibit "A' 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 appurtenances. KMGG may use the construction work space
from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable
notice of such use and provided further that it restores the same as provided below when riot in
use.
Grantor represents and warrants to KMGG 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 that Grantor has full 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
KIAGG's prior written permission. KMGG shall repair and/or restore any fence(s) on or adjacent to
the Right -of -Way Lands that are 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 its removal or severance by
KMGG. if necessary to prevent the escape of Grantor's livestock, KitAGG she construct temporary
gates or fences in those areas affected by G's operations as provided for in this Grant
To the extent reasonably practicable and within a reasonable period of time after
completion of construction, KMGG shall level and restore any lands affected by Kli's
operations that have excessive settling and shall sufficiently compact the soil to the condition that
existed at the time immediately prior to the placement of 's pipeline(s),
Grantor agrees that Grantor will 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 -of -Way Lands without the prior written consent
of KMGG.
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 rights of ingress and egress over and
across Grantors lands lying adjacent to the Right -of -Way Lands for any and all purposes
necessary or incidental to exercising KM 's rights hereunder. Grantor agrees that at KM 's
option, KMGG may pay and discharge any taxes, mortgages or liens existing, levied or assessed
4124674 07/15/2015 09:59 Al l
Page 2 of 4
on or against the lands burdened by the Right -of -Way easement. If KMGG exercises such option.
KMGG 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 from KMGG.
KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for
any damages resulting from M G'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 Right -of -Way Lands, subject to the rights herein
granted.
This Grant cannot be modified, except by an instrument in writing signed by Grantor and by
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 of KMGG.
KMGG shall record an original of this Rig ht-of•ray Grant or a Memorandum of Right -of -
Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording
this Rightrof- ay Grant or a Memorandum of Right -of -Way Grant, *MG 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: Johnson Farms LLP
Catm r7Ltisece±
By: Susan J1 Trued(
STATE OF COLORADO
COUNTY OF
}
SS.
The foregoing n instrument was acknowledged r o ed ed before me this3Otdayo� "�"`' o� � � g � by
Witness my hand and official Seal.
My Commission Expires: -La Zo
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M,AU .EE .�f,=�`',�i C. Se SON
NC`AWp, .
STATE t 10.9' OLe5 • ' •'v'
laTAR C 1W1418.437846
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Tt..cr-r Yomtr. ma v+p'4+ . eer:44aT.C%rn:err'14Y/.':,.4 :WPM •.�14.1li l'L.driI
Notary Public:
4124674 07/15/2015 09:59 Al l
Page 3 of 4
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between Susan I Troudt, Marian J. Botinelli & Carla Johnson
Hobbs, as "Grantor", and KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 1 of 2
A 50 foot wide strip of land being a portion of that parcel described in Special Warranty Deed to Susan J. Troudt,
Marian I Botinelli, and Carla Johnson Hobbs filed July 9, 1971 at Reception Number 1571288 in the south half of
Section 7, Township 1. North, Range 67 West of the Sixth Principal Meridian, County of Weld, State ofColorado,
said 50 foot Wide strip being 25 feet each side of the following described centerline:
Note:
1.) The Basis of Bearings is the south line of the southeast quarter Section 7, TIN, R67W 6th P.M., as monumented with an
aluminum cap stamped PLS 29425 at the west end and an aluminum cap stamped FIBS 38100 at the east end, with a grid
bearing ofN 89'3657" W.
2.) The side lines of the right of way are to be lengthened and/or shortened as necessary to end at the property lines.
3,) All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of
1983 north zone (CRS. 3842-102),
Commencing at the southwest corner of Section 7, an aluminum cap stamped PLS 16406; Thence N 1395'49" 15'49" E a
distance of393.79, 93.7 , more or less, to a point on the east line of Weld County Road Right of Way Reception Number
3490339, feet to the POINT OF BEGINNING:
Thence N 89022120" E a distance of 3379.04 feet;
Thence S 85'30'00" E a distance of 996.85 feet;
Thence N 5004324" E a distance of 291.07 feet;
Thence S 84°1616°' E a distance of 188.11 feet;
Thence S 62°25'00" E a distance of 34O 4 feet, more or less, to a point on the east line of Section 7 and the POINT
OF TERMINUS from which an aluminum cap PLS 38100 it the southeast corner of said Section 7 bears
S 0094'11" E a distance of 384.41 feet.
,
1
Total Right of Way Length: 519531 feet
Prepared by David C. Costner
For and on behalf of GEOV
A division of Topograhpic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
RR -Me EE
Right of Way Survey
A division of T000grfphk Land Surveyors
spapper
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TOWNSHIP: 1 North
RANGE: 67 West t 6th . PM
1a= 600'
COUNTY: Weld
2/18/2015
-SAP AFE: 2095688 as j
TRACKING:
STATE: Colorado
BY: sit
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4124674 07/15/2015 09:59 Al l
Page 4 of 4
4
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between Susan I Troudt, Marian J. Botinelli & Carla Johnson
Hobbs, as "Grantor", and KERR-MCGEE GATHERrNG LLC, a Colorado limited liability company, as "Grantee".
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A division of T'opagrophIG Lend Surveyors
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TOWNSHIP: 1 North
RANGE 67 West 6th PM
COUNTY: Weld
1' = 8001 SAP AFL: 2095684_.
2/18/2015
TRACKING:
STATE: Colorado
DWG GAGEOSUR iWcidzNNlartJAKERR MCGEE GAtIffJNOSBrstrale Badger .452\Butfulk Badger Trout ROW R1..thvg USIA.: SiM DAIS Feb 18 2015 7:39Mt
BY: shh
4345436 10/19/2017 10:23 AM
Total Pages: 4 Rec Fee: $2800
Carly Koppel - Clerk and Recorder, Weld County, CO
AMENDMENT OF RIGHT-OF-WAY GRANT
THIS AMENDMENT OF RIGHT-OF-WAY GRANT ("Amendment") made this day of
bey- ,, 2017, is by and between JOHNSON FARMS, LLP, a Colorado limited liability partnership,
whose address is 16 Sunset Circle, Longmont, Colorado ("Johnson Farms") and KERR-MCGEE
GATHERING LLC, a Colorado limited liability company, whose address is 109918th Street, Suite 1800,
Denver, Colorado 80202 ("KMGG"). Johnson Farms and KMGG may be referred to herein individually as
a " Pa rty" or collectively as the "Parties".
WHEREAS, by instrument recorded July 15, 2015, at Reception Number 4124674 of the Records
of the Weld County Clerk and Recorders Office, Johnson Farms, as Grantor, conveyed to KMGG, as
Grantee, a right-of-way and easement (the "Grant") under, on, over, and through the following
described lands in Weld County, Colorado (the "Right -of -Way Lands"):
TOWNSHIP 1 NORTH, RANGE 67 WEST, 6TH PM
Section 7; Part of the South Half (S/2)
WHEREAS, the Parties desire to amend the Grant by replacing the Exhibit "A" survey with an
Amended Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Johnson Farms and KMGG
hereby amend the Grant to replace the Exhibit "A" survey as described above.
All other terms of the Grant remain in full force and effect as originally written and are hereby
affirmed by the Parties.
This Amendment may be executed in counterparts, all of which shall be considered one and the
same amendment.
IN WITNESS WHEREOF, the Parties have executed this Amendment of Right -of -Way Grant as of
the date first above written.
Johnson Farms, LLP, a Colorado limited liability partnership
By44c4.44,1 dixetectie4petoittfteree
Susan J. Troudt, Partner
Kerr-McGee Gathering LLC,
a Colorado limited liability company
By:
Lindsay N. Jaffee, Agent and Attorney -in -Fact
4345436 10/19/2017 10:23 AM
Page 2 of 4
STATE OF COLORADO
COUNTY OF WE.a
)554
The foregoing instrument was acknowledged before m e this t44. day of r
Y 2017,
by Susan J. Troudt as partner of Johnson Farms, LIP, a limited liability partnership, on behalf of such
partnership.
Witness my hand and official seal.
My commission expires:
RUSSELL TROY MERLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134027539
MY OOMMISSION EXPIRES MAY 28, 2021
STATE OF COLORADO
COUNTY OF DENVER
}
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Notary Public
•
in
strument foregoing was acknowledged before me this 44 -day of 2017,
by Lindsay N. Jaffee as Agent and Attorney -in -Fact for Kerr-McGee Gathering LLC, a Colorado limited
liability company, on behalf of such company.
i
i
WITNESS my hand and official seal.
My commission expires: Sde tii Mt
RUSSELL TROY KERLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134027539
MY COMMIBEIICIN EXPIRES MAY 28, 2021
Notary Public
4345436 10/19/2017 10:23 AM
Page 3 of 4
520 Stacy Court Ste B, Lafayette, Co 80026
303.666.0379 www.topographic.com
AMENDED EXHIBIT A
Attachment to that certain Amendment of Right of Way Grant, by and between Johnson Farms, LLP, as
"Grantor", and KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 1 oft
A 100 foot wide strip of land being a portion of that parcel described in Quitclaim Deed to Johnson Farms, LLP,
filed May 1, 2012 at Reception Number 3842436 in the south half of Section 7, Township 1 North, Range 67 West
of the Sixth Principal Meridian, County of Weld, State of Colorado, said 100 foot wide strip being 50 feet each
side of the following described centerline:
Note:
1.) The Basis of Bearings is the south line of the southeast quarter Section 7, TIN, R67W 6th P.M., as mono rented with an
aluminum cap stamped PLS 29425 at the west end and an aluminum cap stamped PLS 38100 at the east end, with a grid
bearing of N 89°36'57" W.
2.) The side lines of the right of way are to be lengthened and/or shortened as necessary to end at the property lines.
3.) All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of
1983 north zone (C.R.S. 38-52-102).
Commencing at the southwest corner of Section 7, an aluminum cap stamped PLS 16406; Thence N 12°28'51" E a
distance of 418.17, more or less, to a point on the east right of way line of Weld County 13 as filed July 13, 2007
at Reception Number 3490339, feet to the POINT OF BEGINNING:
Thence N 89°22'20" E a distance of 3379.86 feet;
Thence S 85'30'00" E a distance of 987.92 feet;
Thence N 50°43'24" E a distance of 291.38 feet;
Thence S 84'16'36" E a distance of 203.29 feet;
Thence S 62°25'00" E a distance of 331.88 feet, more or less, to a point on the east line of Section 7 and the POINT
OF TERMINUS from which an aluminum cap PLS 38100 at the southeast corner of said Section 7 bears
S 00O14'11" E a distance of 412.68 feet.
Total Right of Way Length: 5194.33 feet.
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Township: 1 North
T�POGRAPHIC KERR-MKERR-McGEE Range: 67 West 6th PM
LOYALTY INNOVATION LEGACY Right of Way Survey County: Weld
1"=600'
AFE: 2095688
6/20/2017
Trackin :
$RID:
State: Colorado BY: S.W.
I
DWG: GAGEOSURV1WeldzNortINCERRMCGEE GATHERLNQ.Buffalo Badger .4521Bufala Badger Troud&ROW R2.dwg USER:av+agt DATE PRINTED: &'&P1O]7 22:03:4$ PM
4345436 10/19/2017 10:23 AM
Page 4 of 4
AMENDED EXHIBIT A
Attachment to that certain Amendment of Right of Way Grant, by and between Johnson Farms, LLP, as
"Grantor'', and KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 2 of 2
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T�ocni-iic KERB-McGEE
LOYALTY INNOVATION LEGACY Right of Way Survey
N 00°14'11" W 2642.78'
Township: ' North
Range: 67 West 6th PM
County: Weld
State: Colorado
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SRID:
DWG: G:\GEOSURVkWcldzNonh'K.ERR MCGEE GATHERFN x titaio Badger.4321$MthJo Baclgcr Trciudt ROW R2.dwg USER: _Nov. DATE PRINTED: BW WO l7 2:03:4S PM
4366887 01/11/2018 10:55 AM
Total Pages: 7 Rec Fee: $4300
Carly Koppel - Clerk and Recorder, Weld County, CO
RIGHT-OF-WAY GRANT
THIS RIGHT-OF-WAY GRANT("Grant)is made this �'' of day
2017, from NR -CO 1, LLC, a Colorado limited liability company, whose address is 755 East
Mulberry Avenue, 6th Floor, San Antonio, Texas 78212 ("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 ("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 of which are hereby acknowledged, Grantor hereby
grants, conveys and warrants unto "KMGG", its successors and assigns, a non-exclusive 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, State of Colorado, being described as follows:
TOWNSHIP el NORTH, RANGE 67 WEST, 6TH PM
Section 8: Part of the West Half of the West Half (W/2W/2) and part of the South Half of the
South Half (S/2S/2)
Section 9: Part of the South Half of the South Half (S/2S12)
The 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 width of the Right -of -Way Lands is seventy-five feet (75') during construction, and subsequent
to construction the width of the Right -of -Way Lands is fifty feet (50'). Grantor and KMGG agree
that upon the completion of construction the parties will execute and file of record a Notice of
Pipeline Location along with an as -built survey plat further defining the final location of the route
and course of the right-of-way and all pipelines constructed.
From time to time after the initial construction of the pipeline(s), KMGG may require the use
of the construction work space depicted on said Exhibit "A" 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 appurtenances. KMGG may use the construction work space
from time to time in connection with the rights granted hereby, provided it gives Grantor reasonable
notice of such use and provided further that it restores the same as provided below when not in
use.
Grantor makes no representations or warranties of any kind or nature as to the condition,
fitness or status of the Right -of -Way Lands, except that Grantor warrants title to the Right -of -Way
Lands against every person claiming by, through or under Grantor, but not otherwise. 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. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -
Way Lands that are 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 its removal or severance by KMGG. 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.
To the extent reasonably practicable and within a reasonable period of time after
completion of construction, KMGG shall level and restore any lands affected by GG's
operations that have excessive settling and shall sufficiently break-up or compact, as the case may
be, the soil to the condition that existed at the time immediately prior to the placement of 's
pipeline(s).
Grantor agrees that Grantor will 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 -of -Way Lands without the prior written consent
of KMGG, which consent shall not unreasonably be 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 rights of ingress and egress over and
across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes
(00590383.2) Initials
4366887 01/11/2018 10:55 AM
Paget of7
necessary or incidental to exercising KM G's rights hereunder. Grantor agrees that, if Grantor
does not pay amounts when due, then at KMGG's option, KMGG may pay and discharge any
taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the
Right -of -Way easement. If KMGG exercises such option, KMGG shall provide Grantor with written
notice of such payment and, if Grantor has not reimbursed KMGG for the amounts paid within 90
days after receipt of such notice, then KMGG 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 from KNIGG.
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 Right -of -Way Lands, subject to the rights herein
granted.
This Grant cannot be modified, except by an instrument in writing signed by Grantor and by
an authorized representative of KMGG.
G.
The rights granted herein, except for electric power lines, data transmission lines and
related equipment, 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 of KMGG.
KMGG shall record an original of this Right -of -Way Grant or a Memorandum 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 ail 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:
NRC-CO 1, LLC, a Colorado limited liability company
By: NRC Group, LLC, a Texas limited liability company, it's sole member
By: David A. Schlagel, President
STATE OF are a c
SS.
COUNTY OF f,e>cohr
• ea
is 4003
r
•• Qat�
The foregoing instrument was acknowledged before me thist day of
Ste fso‘ 16 2017, by David A. Schlagel, as President of NRC Group, LLC, a Texas limited
liability company, the sole member of NRC-CO LLC, a Colorado limited liability company.
Witness my hand and official Seal.
My Commission Expires: o — -okct
ireeerre,„
(SEAL)
a
t
1
L.
1
a
re
Notary
4366887 01/11/2018 10:55 AM
Page 3 of 7
520 Sty Court Ste B, Lafayette, CO 80026
303. 6.0379 www.topographic.carn
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between NRC-CO 1 LLC, as "Grantor", and
KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 1 of 5
A 50 foot wide strip of land being a portion of that parcel conveyed to NRC-CO 1 LLC filed June 16, 2008 at
Reception Number 3560746 in Section 8, Township 1 North, Range 67 West of the Sixth Principal Meridian,
County of Weld, State of Colorado, said 50 foot wide strip being 25 feet each side of the following described
centerline:
Note:
I. The Basis of Bearings is the west line of the northwest quarter of Section 8, TIN, R67W 6th P.M., as monumented with an
aluminum cap PLS 28286 at the south end and an aluminum cap PLS 28656 at the north end with a grid bearing of
N 009 3'50" W.
2. The side lines of the strip of land are to be lengthened andlor shortened as necessary to end at the property lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of
1983 north zone (C.R.S. 38-52-102), U.S.. Survey feet,
4_ This is not a boundary survey or a land survey plat.
Right of Way I
Commencing at the northwest corner of Section 8, a aluminum cap stamped PLS 28656; Thence S 89°47'46" E,
along the north line of the northwest quarter of said Section 8, a distance of 150.08 feet to the POINT OF
BEGINNING;
Thence S 00012'14" W a distance of 130.00 feet;
Thence N 89°47'46" W a distance of 84.09 feet, more or less, to a point 65 feet easterly of the west line of the
northwest quarter of said Section 8,
Thence S 00°13'50" E, parallel with and 65 feet distant from said west line, a distance of 2511.65 feet;
Thence a 00'14'11" E, parallel with and 65 feet distant from the west line of the southwest quarter of said Section 8,
a distance of 1607.85 feet;
Thence S 24'42'19" E a distance of 926.44 feet to the POINT OF TERMINUS from which an aluminum cap PLS
38100 at the southwest corner of said Section 8 bears S 66°37'56" W a distance of 487.96 feet.
Right of Way I Length: 5260.03 feet.
Together with:
See Sheet 2 of 5
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Township: I North
TO
PO KERR-MCGEE Range: 67 West 6th PM
LOYALTY INNOVATION LEGACY Right of Way Survey County: Weld
DWG: G:1GEOS411i.SAWddzNorth
gyp. .
1B=600'
AF E: 2127539
11412018
Tracking:
SRID: 8778
State: Colorado
BY: MAG
MCA GAThERINGEric Compressor I1O337Fid Prdd'czsiEr&t Corap NRC ROW. dwg USER: jt ogt DATE PRINTED: 11&'ZD i k I -4u 1 B PM
4366887 01/11/2018 10:55 AM
Page 4 of 7
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between NRC-CO 1 LLC, as "Grantor", and
KERR-MCGEE -MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 2 of 5
A 50 foot wide strip of land being a portion of that parcel conveyed to NRC-CO LLC filed June 16, 2008 at
Reception Number 3560746 in Section 8 and 9, Township 1 North, Range 67 West of the Sixth Principal
Meridian, County of Weld, State of Colorado, said 50 foot wide strip being 25 feet each side of the following
described centerline:
Note:
1. The Basis of Bearings is the west line of the northwest quarter of Section 8, TIN, R67W 6th 13,M,, as monurnented with an
aluminum cap PLS 28286 at the south end and an aluminum cap PLS 28656 at the north end with a grid bearing of
N (X?13'50" W.
2. The side lines of the strip of land arc to be lengthened and/or shortened as necessary to end at the property lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of
1983 north zone (C.R, S. 38-52-102), U.S. Survey feet.
4. This is not a boundary survey or a land survey plat_
Right of Way
Commencing at the southwest corner of Section 8, an aluminum cap stamped PLS 38100; Thence N 00O14111" W,
along the west line of the southwest quarter of Section 8, a distance of 44035 feet to the POINT OF
BEGINNING:
Thence S 62°25'00" E a distance of 233.10 feet;
Thence S 60°09'43" E a distance of 280,31 feet;
Thence S 89'49'17" E a distance of 618.88 feet;
Thence N 02039100"WW a distance of 60.07 feet;
Thence S 89'49119" E a distance of 137.06 feet;
Thence N 01°44'49" W a distance of 281.53 feet;
Thence N 88°15'11" E a distance of 241.92 feet;
Thence S 01'44'49" E a distance of 289.66 feet;
Thence S 89°49'19" E a distance of 887.02 feet;
Thence N 84'17'51" E a distance of 122.12 feet;
Thence S 89°57'02" E a distance of 6233.99 feet;
Thence N 00O00'02" W a distance of 202.38 feet;
Thence S 89°58'58" E a distance of 449.46 feet;
Thence S 24'11436" E a distance of 241.66 feet;
Thence S 89°51'07" E a distance of 75033 feet;
Thence S 00°27116" E a distance of 213,69 feet, more or less, to a point on the south line of the southeast quarter of
Section 9 and the POINT OF TERMINUS from which an aluminum cap PLS 25937 at the southeast quarter
corner of said Section 9 bears N 89°35"39" E a distance of 546.82 feet.
Right of Way 2 Length: 11,243.18 feet.
Total Right of Way 1 & 2 Length: 16,503.21 feet.
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste R, Lafayette, CO 80026
303 666 0379
TOPOGRAPHIC
LOYALTY INNOVATION LEGACY
520 Stacy Court Ste B, Lafayette, CO 80026
303, .0379 www.topegraphic.co m
ERR-cGEE
Right of Way Survey
Township: 1 North
Range: 67 West 6th PM
1"--r-6001
AFE: 2127539
County; Weld
1/4/2018
Tracking:
SRD: 8778
State: Colorado
BY: MAC
C _
DWG: C CEDSURV\W pith R PACQEE GATHERTNGiErie Compressor 111)33TFina1 ProduciskEric Camp NRCA0W.dwg USER:iiagt DA it PRINTUt iiWO181:40:!8 PM
4366887 01/11/2018 10:55 AM
Page 5 of 7
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between NRC-CO 1 LLC, as "Grantor", and
KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as "Grantee".
Sheet 3 of 5
P.O.B.
Right of Way
Survey Tie From NW
Corner Section 8
S 89°47'46" E 150.08'
N:1269927.35
E:3161371.82
Lat:40.0729005
Lon: -104.9233676
FIPS Code 08123
r
r
Grid
Geodetic ', Magnetic
06105
07`O8
Alum Cap
PLS 28656
0O23'04" \ I l8° 13'48" E
r
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9-2017
ines,
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15 lb I
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North
50' Right of Way
65'
Right of Way
Centerline
1/4 Corner
Sec O7I8ec 08
Alum Cap
PLS 28286
65'
N 00°14'11" W
2642.78'
P.O.B.
Right of Way 2
Survey Tie From SW
Corner Section 8
N 00°14'11" 1111 440.95'
N:1265083.94
E:3161241.46
Lat:40.0596071
Lon: -104.9239458
FIPS Code 08123
'4�r
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Vtae Vad
520 Stacy Court Ste B, Lafayette, co 80026
303.666.0379 www.topographtc.corn
p p R
07108
18117
Alum Cap
PLS 38100
blY
Li 75' PSCO Easement
Rec No. 1008694
L2 S 89°'47'46" E
2623.04'
Production
Facility
I
50' KMG Right of Way I ___
Rec No. 4190133 I I
I I
NW 1/4 SECTION 8
L3 T1 N R67W 6th PM
L4
L6
L7
LINE
BEARING
DISTANCE
L1
S 00°12'14"
W
130.00'
L2
N 89°47'46"
W
84.09'
L3
S 00°13'50"
E
2511.65'
L4
S 00°14'11"
E
1607.85'
L5
S 24°42'19
E
926.44'
L6
S 62°25'00"
E
233.10'
L7
S 60°09'43"
E
280.31'
L8
S 89°49'17"
E
618.88'
L9
N
02°39'00"
W
60.07'
I
L10
S
89°49'19"
E
137.06'
L11
N
01°44'49"
W
281,53'
v
L12
N
88'15'11"
E
241.92'
L13
5
01°44'49"
E
289.66'
L14
S
89°49'19"
E
887.02'
L15
N84°17'51"E
122.12'
I
L16
I
S 89°57'02"
E
6233.99'
L17
N
00°00'02"
W
202,38'
L18
S 89°58'58"
E
44946'
L19
S 24°11`36"
E
241.66'
L20
S 89°51'07"
E
750,33'
IL21
S OO°27'16"
E
213.69'
SW 1/4 SECTION 8
TIN R67W 6th PM
L5
N 89°5
P.O.T.
Right of Way 151
Survey Tie To SW
Corner Section 8
S 66°37'56" W 487.96'
N:1264836.54 NRC-CO LLC
E:3161691.21 Rec Nom 3560746
Lat:40,0589199
Lon: -104.9223448
FIPS Code 08123
LB
L12
L -I 1-
L10
L9
49 W 1
1
1/4 Corner
Sec 05I8cc 08
Alum. Cap
PLS 33642
'
4-
50"
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50' Right of Way
Production
19.49' -C
Above Ground
Appurtenance
Facility L14
L13
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� L'15
10 N 89°51;333" W 131519.45'
W 1/16 Corner
Sec 818cc 17
Alum Cap
PLS 25937
Total R.O.W. Length
0 600
1/4 Corner
Sec O8I3ec 17
Alum Cap
PLS 13482
16503.21'
1200
Graphic Scale in U.S. Survey Feet
1" = 880'
C -
TGPoGRAPI-IIc KERR-McGEE
LOYALTY INNOVATION LEGACY
Right of'Way Survey
Township: 1 North
Range: 67 West
6th PM
1"=600'
AFE:
2127539
County: Weld
1/4/2018
Tracking:
SRID: 8778
State: Colorado
BY: jtv
DWG CktGEO&[JRVIWddtl+]odi\KERR MCGEE GATHERING Edt Compressor I I0337W iS PiaductaiEric Camp NRC R O W_ d irg USER: j vogi DATE PRINTED: 1,1102012 1:4U; i 8 PM
4366887 01/11/2018 10:55 AM
Page 6 of 7
520 Stacy Court Ste B, Lafayette, co 80026
303.666.0379 www.tapographic.ocrn
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between NRC CO 1 LLC, as "Grantor", and
KERR-MCGEE GATHERMTG LLC, a Colorado limited liability company, as "Grantee".
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AFE: 2127539
County: Weld
1/4/2016
Tracking:
SRID: 8778
State: Colorado
BY: jtv
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DWC) GAGEOSURIAWeldzNorIMICEILR MCGEE GATHERENChEric Comm ssor 11O337WFunal ProoductstiEric Comp NRC ROW.d«g 'USER- jtiogl DATE PRINTED: 1/812018 1:40:28 PM
4366887 01/11/2018 10:55 AM
Page 7 of 7
520 Stacy Court Ste B, Lafayette, CO 80026
303.666.0379 www,topogr phis com
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between NRC-CO 1 LLC, as "Grantor", and
KERR-MCGEE GATHERING LLC, a Colorado limited liability company, as „Grantee",
Sheet 5 of 5
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TGPOGRAPHIC KERB-McGEE
LOYALTY INNOVATION LEGACY Right of Way Survey
Township: 1 North
Range: 67 West 6th PM
1"= 600'
AFE: 2127539
County: Weld
1/4/2018
Tracking:
SRID: 8778
State: Colorado
BY: itu
DWG: G:5GE:SMVlWeIcizNorthiKERR MCGEE GATHERINCAEsic Cornpress=r I1O33?WIn3t ProductstErie Comp NRC ROW. dwg USER JvQgW DATE PRINTED: I(88/2018 1:40:19 PM
4356757 12/01/2017 11:08 AM
Total Pages: 5 Rec Fee: $33.00
Carly Koppel - Clerk and Recorder, Weld County, CO
RIGHT-OF-WAY GRANT
THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of Novenibers , 2017, from
STEVE WILLIAM STRATTON, ALSO KNOWN AS STEVE STRATTON AND LIZA DANNELLE
MICHELLE STRATTON, ALSO KNOWN AS LIZA 0. STRATTON, whose address is 3985 County
Road 19, Fort Lupton, Colorado 80621 (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 C'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 of which are hereby acknowledged, Grantor hereby grants, conveys and
warrants unto "KIVIGG", its successors and assigns, a perpetual right-of-way and easement to
survey, construct, maintain, inspect, operate, repair, replace, relocate, modify, change the size of,
reconstruct, mark, monitor, abandon or remove and release, at (GG'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 I NORTH F.ANOE 67 WEST. 6T PM
Section 16: Part of Lot A and Lot B of Recorded Exemption No. 1469-16-1 RE -3459 recorded
January 22, 2003 at Reception No. 3026068 of the records of the Clerk and Recorder for
Weld County, Colorado, being a part of the North Half of the Northeast Quarter (NI2NE/4)
The 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
width of the Right -of -Way Lands is Seventy-five feet (75') during construction, and subsequent to
construction the width of the Right -of -Way Lands is Fifty feet (50'). If there is a deviation in the Right -
of -Way Lands as constructed, then Grantor agrees that upon request from KMGG the parties will
execute a Notice of Pipeline Location along with an as -built survey plat to amend the description of
the Right -of -Way Lands.
From time to time after the initial construction of the pipeline(s), KMGG may require the use
of the construction work space depicted on said Exhibit "A" to survey, construct, maintain, inspect,
operate, repair, alter, replace, relocate, modify, change the size of, reconstruct, mark, monitor,
abandon or remove the pipeline(s) together with appurtenances. KMGG may use the construction
work space from time to time in connection with the rights granted hereby, provided it gives Grantor
reasonable notice of such use and provided further that it restores the same as provided below when
not in use.
Grantor represents and warrants to KMGG 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 that Grantor has full 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. KMGG shall repair and/or restore any fence(s) on or adjacent to the Right -of -
Way Lands that are 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 its removal or severance by KMGG. 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.
To the extent reasonably practicable and within a reasonable period of time after completion
of construction, KMGG shall level and restore any lands affected by l'GG's operations that have
excessive settling and shall sufficiently compact the soil to the condition that existed at the time
immediately prior to the placement of KMGG's pipeline(s).
Grantor agrees that Grantor will 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 -of -Way Lands without the prior written consent of
KMGG.
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 rights of ingress and egress over and
across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary
4356757 12/01/2017 11:08 AM
Paget of5
or incidental to exercising KMGG's rights hereunder Grantor agrees that at I is option, KMGG
may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the
lands burdened by the Right -of -Way easement. If KMGG exercises such option, KMGG 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 from KMGG.
KMGG 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 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 Right -of -Way Lands, subject to the rights herein granted.
This Grant cannot be modified, except by an instrument in writing signed by Grantor and by
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 ofl.
KMGG shall record an original of this Right -of -Way Grant or a Memorandum 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.
This Grant may be executed in counterparts, each of which shall be considered one and the
same agreement.
IN WITNESS WHEREOF, Grantor has executed agreed to and delivered accepted this Right -
of -Way Grant as of the date first above written.
Grantor:
00--ient
Steve William Stratton,also known as Steve Stratton
Steve William Stratton, also known as Steve Stratton, as Power of Attorney for Liza Dannelle
Michelle Stratton, also known as Liza a Stratton
STATE OFCQ104
St
COUNTY OF
The foregoing instrument was acknowledged before me this day o
Steve William Stratton, also known as Steve Stratton.
Witness my hand and official Seal.
My Commission Expires:
rTU$E[t TROY KERLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2013402753.9
MY COMMISSION EXPIRES MAY28, 2021
(SEAL)
Notary Public: g7142411 gge,
Address: 140,01AS0
2017, by
4356757 12/01/2017 11:08 AM
Page 3 of 5
STATE O )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day oaf , 2017, by
Steve William Stratton, also known as Steve Stratton, as Power of Attorney or Liza Dannelle
Michelle Stratton, also known as Liza [ . Stratton.
Witness my hand and official Seal
My Commission Expires:
RUSSELL TROY KERLE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 3D 20134027539
MY COMMISSION EXPIRES MAY 28, 2021
(SEAL)
Notary Public:
Address:
a
4Ca
iletilAsker
4356757 12/01/2017 11.08 AM
Page 4 of 5
EXHIBIT A
Attachment to that certain Right of Way Grant, by and between Steve William & Liza Dannelle Michelle
Stratton, as "Grantor", and KERR-MCGEE GATHERING LLC, a Colorado limited liability
company, as "Grantee".
Sheet 1 of 2
A 50 foot wide strip of land being a portion o f Lot A and Lot B, Recorded Exemption No. 1469-16-1 RE -3459 filed
January 22, 2003 at Reception Number 3026068 as Quit Claimed to Steve William and Liza Dannelle Michelle
Stratton filed February 17, 2017 at 4279282 (Lot A) and conveyed to Steve Stratton and Liza Dannelle Michelle
Stratton filed December 26, 2013 at Reception Number 3986244 (Lot B) in the northeast quarter of Section 16,
Township 1 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said 50
foot wide strip being 25 feet each side of the following described centerline:
i
•
Note:.
1. The Basis of Bearings is the north line of the northeast quarter Section 16, TIN, R67W 6th P.M., as nionumented with an
aluminum cap PLS 25937 at each end with a grid bearing of N 89'35139" E.
2. The side lines of the strip of land are to be lengthened and/or shortened as necessary to end at the property lines.
3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of
1983 north zone (C.R.S. 38-52-102), U.S. Survey feet.
4. This is not a boundary survey or a land survey plat.
Commencing at the north quarter corner of Section 16, an aluminum cap PLS 25937; Thence N 89°35'39" E, along
the north line of the northeast quarter of said Section 16, a distance of 2080.45 feet, more or less, to a point being
25 feet east of the west line of said Lot A, Recorded Exemption No. 1469-16-1 RE -3459 and the POINT OF
BEGINNING:
Thence S 00'27'16" E, parallel with and 25 feet distant from the west line of said Lot A, a distance of 374.88 feet,
more or less, to a point 25 feet north of the south line said Lot A;
Thence N 89°35'39" E, parallel with and 25 feet distant from the south line of said Lot A and Lot B Recorded
Exemption No. 1469-16-1 RE -3459, a distance of 546.88 feet, more or less, to a point on the east line of the
northeast quarter of Section 16 and the POINT OF TERMINUS from which an aluminum cap at the northeast
corner of said Section 16 bears N 00'27'46" W a distance of 374.88 feet.
Total Right of Way Length: 921.76 feet.
Prepared by David C. Costner
For and on behalf of
Topographic Land Surveyors
520 Stacy Ct. Ste B, Lafayette, CO 80026
303 666 0379
Tepocitapwc
LOYALTY INNOVATION LEGACY
520 Stacy urt Ste B, Lafayette, CO 80026
301666.0379 wwwu.topegraphic.com
ERR -Mc GEE
Right of Way Survey
Township: 1 North
Range: 67 West 6th PM
1"=1U0'
AFE: 2127539
County: Weld
State: Colorado
11/30/2017
Tracking:
BY: Wm
SRID: 8778
4356757 12/01/2017 11:08 AM
Page 5 of 5
520 Stacy Court Ste B, Lafayette, CO B0026
303.666.0379 wwvw.topographic.com
EXHIBIT A
Attachment to that certain light of Way Grant, by and between Steve William and Liza Dannelle Michelle
Stratton, as "Grantor", and KERR-MCGEE GATHERING LLC, a Colorado limited liability
company, as "Grantee".
Sheet 2 of 2
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TGPOGRAPHIC KERR-Me GEE
LOYALTY INNOVATION LEGAC'1r
Right of Way Survey
Township: 1 North
Range: 67 West
County: Weld
6th PM
1 '= 100'
AFE:
2127539
11/14/2017
Tracking:
SRID: 8778
State: Colorado
BY: wr1
STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E, Urbina, MD, 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. S.
Denver, Colorado 80246-1530
Phone (303) 692"2000
Located in Glendale, Colorado
http.//www.cdphe.state.co.us
June 21, 2012
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
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 2 Kerr
Located at: See Map in File, Greeley, Weld County
Permit No.: COR039803
Dear Mr. Schneider;
Colorado Department
of Public Health
and Environment
RECEIVED BY EHS
JUL 0 s <',01't
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 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, 2912 your permit is administratively continued and remains in effect under Section 104(7) of the
Administrative Procedures Act, C.R.S. 1973, 24--4.101, et seq (1982 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 SWMP TO SHOW
CONTINUATION OF PERMIT COVERAGE.
Sincerely,
ri
f i ,
6:(1://4
i
r
Debbie Jessop
Permits Section
WATER QUALITY CONTROL DIVISION
xc:
Permit File
STATE OF COLORADO
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.cdphe.state.co.us
June 20, 2007
Laboratory Services Division
8100 Lowry Blvd,
Denver, Colorado 80280-8828
(303) 692-3090
Troy Person, Area Supt.
Kerr-McGee Gathering LL,
635 N. 7th Avenue
Brighton, CO 80601
303/655-4339
RE: Final Permit, Colorado
Certification No:
Local Contact:
Dear Sir or Madam:
Discharge Permit System — Stormwater
COR-039803
Areal
Weld County
Troy Person, Area Super.
303/655-4339
Colorado Department
of Public Health.
aid 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.cd co.usl / ennitsunitistonnwater or contact Matt Czahor at (303) 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
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 Person, Area Supt
Kerr-McGee Gathering LLC
635N. 7th Avenue
Brighton, CO 806171
Phone # 3031b55-1339
troy.person@anadako.com
LOCAL CONTACT:
Troy Person, Area Super.,
Phone # 303/655-4339
troy.person@anadako.com
During the Construction Activity; Oil & was 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 (13/30/2006 continuing through
On >5 acres (>5 acres disturbed)
Certification is effective: 07/01/2007 Certification Expires: 06/30/2012
Annual Fee: $245.00 (DO NOT PAY NOW - A prorated bill will be sent shortly,)
4
Page 1 of 22
Cultural Resource Inventory for the
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
January 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, Colorado 80401
Cultural Resource Inventory for the
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
By.
Stephen R. Anderson, RPA
Prepared for:
Anadarko Petroleum Corporation
1099 18th Street, Suite 1800
Denver, Colorado 80202
Prepared by:
Tetra Tech, Inc.
350 Indiana Street, Suite 500
Golden, Colorado 80401
Colorado State Archaeological Permit No. 2017-13
January 2018
FOR OFFICIAL USE ONLY: Disclosure of site locations prohibited (43 C3 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).
Erie to Frederick Pipeline Project, segment 1
Weld County, Colorado
Abstract
This report is a summary of the cultural resource survey conducted on January 5th, 2018 by Tetra Tech,
Inc. (Tetra Tech) in support of the Anadarko Erie to Frederick Pipeline Project, Segment 1 (the Project).
This report is based on the geographic information system (GIS) data provided by Anadarko Petroleum
Corporation (Anadarko) on January 3rd, 2018.
Tetra Tech conducted a cultural research desktop study and an intensive -level cultural resource pedestrian
survey of the Segment 1 Project corridor on January 5th, 2018. Based on the permitting requirements,
Segment 1 of the Project was surveyed separately and is included in this report. The entire pipeline corridor
does not require an intensive -level pedestrian survey as portions of the Project do not have a federal or
state nexus, therefore the Project is not subject to the National Historic Preservation Act Section (NH PA)
106 process. However, certain portions of the Project cross state and municipal parcels of properties in
Weld County and are subsequently subject to review per Colorado Revised Statues 24-80-401 through
411. Specifically, the pedestrian survey included locations of the towns of Erin and Dacono, and a state
owned parcel within the Project's Area of Potential Effect (APE).
The pedestrian survey included approximately 3.25 linear miles (39.8 acres) along a 100 -foot -wide corridor
centered along the pipeline alignment in Weld County, Colorado. The survey was conducted on behalf of
Anadarko prior to Project construction. The Segment 1 surveyed areas consisted of privately -owned lands
subject to a municipal conditional use 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 (NRHP) properties within one mile of the Project's pipeline alignment in Weld County. The
pedestrian survey was conducted in portions of the following quadrangles:
• Sections 7-9, and 16, Township 1N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey
7.5' Frederick (1994) quadrangle.
One new cultural resource was identified and recorded as a result of the pedestrian survey and consisted
of a segment of the Bull Ditch Levee. The site first appears on the 1950 Frederick 1/24,000 USGS
quadrangle. Tetra Tech recommends the site as not eligible for listing onto the NRHP based on the date of
construction and the ditch's intermittent use over the past several decades. No other cultural resources
were identified within the Segment 1 APE.
Cultural Resource Inventory
Erie to Frederick Pipeline Project, Segment I
Weld County, Colorado
Contents
Page
�. Introduction........................................................................................................................................1-s
2. Environmental Setting 2-1
2.1 Physiography and Hydrology 2-1
2.2 Climate 2-1
2.3 Geology and Geomorphology 2-2
2.4 Biotic Setting 2-2
2.4.1 Flora 2-2
2.4.2 Fauna 2-3
3. Cultural -Historical Context................................................................................................................3-
3.1 Prehistoric Narrative 3-1
3.1.1 Pa leoind ian Stage 3-1
3.1.2 Archaic Stage 3-22
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 oObjectives ....................................................................................................................4-1
4.1 Expected Results 4-1
5. Intl et h o d o l o g y5-1
5.1 Desktop Research Methods 5-1
5.2 Field Methods 5-1
5.3 Site Evaluation Criteria 5-1
6. Results................................................................................................................................................ 6-1
6.1 Desktop Research 6-1
6.2 New Cultural Resources Recorded During the Pedestrian Survey 6-3
6.2.1 Site 5WL.8288.1 6-3
7. Recommendations............................................................................................................................. 7-1
8. References Cited 8-1
ii Cultural Resource Inventory
Erie to Frederick Pipeline Project, Segment I
Weld County, Colorado
Tables
Table 1-1:
Table 1-2:
Table 6-1:
Table 6-2:
Cultural Resource Survey Areas
Newly Recorded Site Information
Previously Conducted Surveys within the Research Area
iiv
v
Error! Bookmark not defined.
Previously Recorded Sites within the Research Area
Figures
Error! Bookmark not defined.2
Figure 1-1: USGS Topographic Map of Segment 1 APE 1-3
Figure 1-2: USGS Aerial Imagery Map of Segment 1 APE 1-4
Figure 6-1: Overview of the Bull Ditch Levee (5WL.8288.1). View looking north-northwest 6-3
Cultural Resource Inventory iii
Erie to Frederick Pipeline Project, Segment I
Weld County, Colorado
Table 1-1: 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
-39.8 Acres Surveyed:
ar39.8
Legal Location
of Project
(add
additional
pages if necessary)
Principal Median: 6th Quad. map date(s):
1994
Quad Map(s) Names: Frederick quadrangles
Township
1N
Range:
67W
Sec.:
7
1/4s
N%
SE
SE
SE
Township
1N
Range:
67W
Sec.:
7
1/4s
N14
SW
SE
SE
Township
1N
Range:
67W
Sec.:
7
1/4s
NIA
SE
SW
SE
Township
1N
Range:
67W
Sec.:
7
1/4s
N%
SW
SW
SE
Township
1N
Range:
67W
Sec.:
7
1/4s
N'4
SE
SE
SW
Township
1N
Range:
67W
Sec.:
7
1/4s
N1/2
SW
SE
SW
Township
1N
Range:
67W
Sec.:
7
1/4s
NIA
SE
SW
SW
Township
1N
Range:
67W
Sec.:
7
1/4s
N'
SW
SW
SW
Township
1N
Range:
67W
Sec.:
8
1/4s
S16
SE
SE
SE
Township
1N
Range:
67W
Sec.:
8
1/4s
S14
SW
SE
SE
Township
1N
Range:
67W
Sec.:
8
1/4s
S/2
SE
SW
SE
Township
1N
Range:
67W
Sec.:
8
1/4s
S14
SW
SW
SE
Township
1N
Range:
67W
Sec.:
8
1/4s
S'/4
SE
SE
SW
Township
1N
Range:
67W
Sec.:
8
1./4s
51A
SW
SE
SW
Township
1N
Range:
67W
Sec.:
8
1/4s
WIA
SW
SE
SW
Township
1N
Range:
67W
Sec.:
8
1/4s
S'/2
SE
SW
SW
Township
1N
Range:
67W
Sec.:
8
1/4s
E'/2
SE
SW
SW
Township
1N
Range:
67W
Sec.:
8
1/4s
SA
SW
SW
SW
Township
1' N
Range:
67W
Sec.:
9
1/4s
SW1
SE
SE
SE
Township
1N
Range:
67W
Sec.:
9
1/4s
S%
SW
SE
SE
Township
1N
Range:
67W
Sec.:
9
1/4s
N%
SE
SW
SE
Township
1N
Range:
67W
Sec.:
9
1/4s
S%
SW
SW
SE
Township
1N
Range:
67W
Sec.:
9
1/4s
S%
SE
SE
SW
Township
1N
Range:
67W
Sec.:
9
1/4s
S%
SW
SW
SW
Township
1N
Range:
67W
Sec.:
9
1/4s
51A
SE
SW
SW
Township
1N
Range:
67W
Sec.:
9
1/4s
S%
SW
SW
SW
Township
1N
Range:
67W
Sec.:
16
1/4s
NW
NE
NE
NE
Township
1N
Range:
67W
Sec.:
16
1/4s
a
SW
NE
NE
NE
Township
1N
Range:
67W
Sec.:
16
1/4s
SE
NE
NE
NE
iv
Cultural Resource Inventory
Erie to Frederick Pipeline Project, Segment I
Weld County, Colorado
Table 1-2:
Newly Recorded Site Information
Smithsonian Number
Resource Type
Eligibility
Recommendation
Paleontological
Multi component
Not Eligible
Need Data
Contributes to National
Register District
No Further Action
P!0AV
JO ULOIN
U
'C
-
=
w
I—
w
5WL.8288.1
X
X
X
Total S ites :38
0
1
0
0
0
1
0
0
1
0
0
0
0
The Project
Areas surveyed
Principal Meridian,
Quad. Name
Area
and
= 39.8
= 39.8
Township,
date(s):
acres
acres
Range, Sections
Frederick (1994)
quadrangle
- 6Th PM: Sections 7-9, AND 16, Township 1 N, Range 67W;
Principal Investigator
Name: Stephen R. Anderson, RPA
Principal Investigator's
Signature:
# r
Cultural Resource Inventory v
Erie to Frederick Pipeline Project, segment 1
Weld County, Colorado
1. Introduction
This report is a summary of the cultural resource survey conducted on January 5u', 2018 by Tetra Tech,
Inc. (Tetra Tech) in support of the Anadarko Erie to Frederick Pipeline Project, Segment 1 (the Project).
This report is based on the geographic information system (GIS) data provided by Anadarko Petroleum
Corporation (Anadarko) on January 3rd, 2018.
Tetra Tech conducted a cultural research desktop study and an intensive -level cultural resource pedestrian
survey of the Segment 1 Project corridor on January 5th, 2018. Based on the permitting requirements,
Segment 1 of the Project was surveyed separately and is included in this report. A follow up report of the
remaining pipeline segment will be submitted upon completion of the additional survey. The entire pipeline
corridor does not require an intensive -level pedestrian survey as portions of the Project do not have a
federal or state nexus, therefore the Project is not subject to the National Historic Preservation Act Section
(NHPA) 106 process. However, certain portions of the Project cross state and municipal parcels of
properties in Weld County and are subsequently subject to review per Colorado Revised Statues 24-80-
401 through 411. Specifically, the pedestrian survey included locations of the towns of Erie and Dacono,
and a state owned parcel within the Project's Area of Potential Effect (APE).
The pedestrian survey included approximately 3.25 linear miles (39.8 acres) along a 100 -foot -wide corridor
centered along the pipeline alignment in Weld County, Colorado. The survey was conducted on behalf of
Anadarko prior to Project construction. The Segment 1 surveyed areas consisted of privately -owned lands
subject to a municipal conditional use 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 (NRHP) properties within one mile of the Project's pipeline alignment in Weld County. The
pedestrian survey was conducted in portions of the following quadrangles:
• Sections 7-9, and 16, Township 1N, Range 67W, Principal Meridian 6, on the U.S. Geological Survey
7.5' Frederick (1994) quadrangle.
The Project begins in Weld County approximately 120 meters north of the intersection of Colorado
Boulevard and County Road 10 and trends easterly until turning south across County Road 10 and
terminating approximately 120 meters south of the intersection of County Road 19 and County Road 10
(Figures 1-1 and 1-2).
Anadarko contracted Tetra Tech to conduct a cultural resource investigation for the Project. This
investigation included a cultural resources desktop, research study that comprised a site file and
cartographic search for the pipeline route in Weld County, an intensive -level pedestrian survey of Segment
1 of the Project, and the recordation and evaluation of any cultural resources identified as a result of the
research study and pedestrian survey.
The work was conducted under Tetra Tech's state of Colorado archaeological permit numbers 2017-13.
Stephen Anderson was the Principal Investigator for the Project and conducted the pre -survey site file
search and literature review. The pedestrian survey was conducted by Stephen Anderson and Mary
Cultural Resource Inventory 1-1
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
Connell. Stephen Anderson authored this report and Mitchell Fyock created the maps and processed the
GIS data.
One new cultural resource was identified and recorded as a result of the pedestrian survey and consisted
of a segment of the Bull Ditch Levee. The site first appears on the 1950 Frederick 1/24,000 USGS
quadrangle. Tetra Tech recommends the site as not eligible for listing onto the NRHP based on the date of
construction and the ditch's intermittent use over the past several decades. No other cultural resources
were identified within the Segment 1 APE.
1-2 Cultural Resource Inventory
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
a
&uj
WCE
W am
WFI[i!CCuUNTY ,COLORADO
PROJECT MAP
JANUARY, 2018
TETRA TECH
LLJ
0tcci
0 +'
a.
ctt
C:
fa
PLSS Township
0
2
CC
CC
Figure 1-1: USGS Topographic Map of Segment 1 APE
Cultural Resource Inventory 1-3
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
0
e
-3 '-
ui X 2
CL
!LLw
OZ
ill I" en
uJ
9
S
8
S
JANUARY 2018
t
c
S
Project Features
Potential Effect
Boundaries
PLSS Township
PLSS Section
REFERENCE MAP
'UKS, AFK, GrtrnappIng. Amgrid, !WV
Whit air, [iirudit;' :4ourrl.: ! sri Ih$itnI5lobr. Grail yr. Earthstar 6rrigraphics, C l TS/AIrt js RS, US!)
Figure 1-2: USGS Aerial Imagery Map of Segment I APE
1-4 Cultural Resource Inventory
Erie to Frederick Pipeline Project, segment 1
Weld County, Colorado
2. Environmental Setting
2.1 Physiography and Hydrology
The Project is located at the base of the foothills 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. The major relief is generally created at the edges of the drainages. The
elevation along the Project ranges from 5,030 to 5,100 feet above mean sea level (AMSL).
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
western -central Nebraska. The Platte River continues on an easterly course across Nebraska, eventually
flowing into the Missouri River near Omaha. The South Platte River in Colorado has an average daily flow
of 1,000 cubic feet/second (cfs) with occasional peak flows of 20,000 cfs (EPA 2001). The principal
drainage within the Colorado Piedmont is the South Platte River located approximately 3.15 miles east of
the Project. The major drainages within the Project Area include Little Dry Creek and Big Dry Creek.
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, with much of the
area experiencing frequent droughts. However, summer thunderstorms can be intense with as much as
four 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 2003).
At Fort Lupton, Colorado, approximately 4.3 miles northeast of the Project, an average of 19.1 inches of
precipitation is received annually. Violent thunderstorms occur periodically throughout the warmer months
of the year. The yearly precipitation is concentrated from March to October, with the minimum levels
occurring in November through February (Weatherbase 2018).
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
Cultural Resource Inventory 2-1
Erie to Frederick Pipeline Project, Segment 1
Weld County, Colorado
temperature at the Project Area is relatively homogenous. At Fort Lupton, the average annual temperature
is 43.6° F with an average high in July of 82° F and an average low in January of 7.9° 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 (Volk 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, Superior; and 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 rosea), 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 (Mutel 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, these communities have expanded because of introduced species that now
include box elder (Acer negundo), American elm (Ulmus americana), Russian olive (Elaeagnus
angustifolia), green ash (Fraxinus pennsylvanica), and Tamarisk or salt cedar (Tamarix spp.) (Mutel and
Emerick 1992).
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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 and 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 concealment and forage is 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 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 regal's), 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 (Asia
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 (Ardea 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
species include horned lark (Eremophila alpestris), lark bunting (Calamospiza melanocorys), meadowlark
(Sturnella sp.), and various sparrows (Passer spp.) (Andrews and Righter 1992; Brown 1989a).
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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 picta), 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).
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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 area of the 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 others 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).
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,
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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).
Folsom Sub -period
The Folsom sub -period dates from 11,000 to 10,000 B.P. when the climatic shifts that began in theClovis
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 extinctions 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, and 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 were exploited as well. Folsom projectile points are
smaller than Clovis but 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.
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.
The 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 continued 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).
Plano sub -period artifacts have been located throughout the Colorado portion of the High Plains and are
typically associated with the hunting of extinct bison (Bison antiquus) and modern bison (Bison bison) (Zier
and Kalasz 1999:94).
3.1.1 Archaic Stage
The Archaic Stage (approximately 7500 to 2000 B.P.) is broadly associated with the Altithermal climatic
event (Bently 1983), an approximate 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 of subsistence
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(Gilmore et al. 1999:91). Subsistence practices shifted to foraging for plant resources and small game
hunting (Gilmore et al. 1999:5).
The Archaic Period dates from 7800 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).
Early Archaic
The Early Archaic dates from 7800 to 5000 B.P. and marks the transition from the Plano to Archaic
technology and represents 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 regions
during the Altithermal climatic event.
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 havehunted 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 to
decrease in the mountainous regions (Gilmore et al. 1999:118 and 134).
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
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drainage area are similar to those of the Middle Archaic, but occur more frequently and are more widely
distributed based on both absolute dating and the presence of diagnostic artifacts (Gilmore et al. 1999:134).
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 leaned 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
the strategies changed to incorporate buffalo jumps, game drives, and a heavier reliance on smaller game
and fish to support the needs of increasing populations.
3.1.3 Late Prehistoric Stage
The Late Prehistoric Period (1800 B.P. to 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 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 further 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 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 and 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 are multi -component sites
and have Early Ceramic elements (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 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
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technologies shifted as firearms became available and metal and glass implements were introduce 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 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
endscrapers, and distinctive ceramics (Gilmore et al. 1999:311-313). In the mountains, the Ute were the
predominant tribe and 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).
3.2 Historic Narrative
3.2.1 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 they 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
Nebraska 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
Nebraska, and Fort Saint Vrain, Fort Vasquez, and Fort Sedgewick in northeastern Colorado. All of these
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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 the ongoing encounters with
Native Americans tribes who were beginning to make a stand against the encroaching Euro-Americans.
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 wagons utilized the valley of the Platte 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 - 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 route 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 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.
3.2.3 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.), 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
consisted of Euro-Americans migrating from the eastern and southern states, as well as various European
countries.
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During the 1880s and 1890s the practice of 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).
The Middle Settlement phase (1891 - 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 the rearing of livestock and
the raising of 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
Erie to Frederick Pipeline Project, segment 1
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 OAHP database to determine whether previous inventories have
been performed in or near the Project Research Area, 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 coordinates (GPS), 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.
C. 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 or settlement structure sites. Much of the APE has been subjected to decades of
agricultural practices and has been greatly disturbed.
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Weld County, Colorado
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5. Methodology
5.1 Desktop Research Methods
Tetra Tech conducted a site file search through OAHP Colorado Cultural Resource On-line Database
(Compass) on January 3rd, 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 3.25 mile long by 100 -foot -wide corridor centered along the
pipeline alignment as depicted in the GIS data provided by Anadarko. Two archaeologists conducted the
survey by walking the length of the 100 -foot -wide APE in parallel transects, spaced approximately 15
meters apart. Ground visibility was approximately 70 to 90 percent throughout the majority of the APE.
The locations of the cultural resource was recorded using a hand-held 2008 Series Trimble XT GPS unit.
Universal Transverse Mercator (UTM) coordinates are used to indicate site locations and are based on the
1983 (Conus) North American Datum (NAD). A sketch map was digitized for the site and GPS coordinates
of the site boundary was recorded. The lone resource was documented using a Colorado Historic
Society/OAHP site form. Digital color photographs were taken of the resource and are included in Chapter
6 and the OAHP site form. 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 (I Fs).
5.3 Site Evaluation Criteria
Sites investigated during this inventory were evaluated for eligibility for listing on the NRHP. 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
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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 lone cultural resource was 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.
5-2 Cultural Resource Inventory
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Weld County, Colorado
6. Results
The cultural resources research file search was conducted through Compass by Stephen Anderson,
Principal Investigator of Archaeology at Tetra Tech, on January 3rd, 2018. The database includes records
of all archaeological investigations that have been conducted and all cultural resources (archaeological and
historical sites) that have been previously recorded within the state. The file search examined the surveys
and resources within the prescribed Research Area. Tetra Tech also reviewed historical GLO plat maps
and the Glenn R. Scott trails maps to determine whether vestiges of trails, transportation routes,
homesteads, or other potential archaeological resources may be present within the Research Area.
6.1 Desktop Research
The desktop research revealed that 11 prior investigations have been undertaken within the Research Area
(Table 6-1). The previous investigations primarily consist of intensive surveys for pipelines, subdivision
development, and municipal infrastructure projects.
Table 6-1:
Previously Conducted Cultural Resource Surveys within the Research Area.
Date
Report Number
Agency
Author(s)
Report Title
2009
MC.AE.R24
Centennial
Inc.
Archaeology,
Erik Gantt,
Anderson,
A. Gensmer
Stephen
and
Kristin
R.
Suncor
Mountain
Project;
Laramie
Counties,
Energy
Crude
Class
County,
Colorado
(USA)
System
III Cultural
Wyoming
Pipeline
Expansion
Resource
and
Company Rocky
Pipeline
Inventory
Weld and Adams
1993
WL.E.NR5
Powers
Department
Elevation
of
for
Energy
the
Marcia J. Tate
Frederick
Tap Cultural
Colorado
Compressor Station
Resources
(93 -CO -36)
Inventory
Pipeline Delivery
Weld County,
2006
WL.FC.R1
Heritage
Associates,
Federal
Commission
Resource
LLC for the
Communications
Dennis J. Desart
Marcia J. Tate
and
A Cultural Resources
Brink Property
WL.03)
Inventory
Weld County,
for
Colorado
the Lawrence
(HRA-Co-
2002
WL.R.NR21 N R21
Western
Resource
Inc.
Reclamation
for
Cultural
Management,
the Bureau of
Cara C. Muniz niz
Class III Cultural
Lands II Subdivision,
Colorado (02
Resource Inventory
Dacono, Weld
-B -046/E R0-DAC)
of the
County,
Ridge
2000
WL.R.R29
Tate
for
Reclamation
and Associates,
the Bureau of
Inc.
Marcia J. Tate
A Cultural
Meadow
Resources Inventory
Subdivision, Weld
for
County,
the Eagle
Colorado
2001
WL.R.R31
Metcalf
Consultants,
Bureau
Archaeological
of
Inc. for
Reclamation
the
John M. Scott
Carlson
An Intensive
Weld
Annexation
(Class
County, Colorado
and Dacono
III) Cultural
Estates
Resource
Project:
Inventory
2001
WL.R.R33
Tate
for
Reclamation
and Associates,
the Bureau of
Inc.
Marcia J. Tate
A Cultural
Subdivision,
Resource Inventory
Weld County,
for the
Colorado
Deer Trail
2005
WL.R.R52
Tate
for
Reclamation
and Associates,
the Bureau of
Inc.
Marcia J. Tate
A Cultural
Subdivision,
Resource
Weld
Inventory
County,
for the Warner
Colorado (CO -05-05)
2006
WL.R.R56
Bureau of Reclamation
James M. Brechtel
Intensive
Proposed
Land
Cultural
Cottonwood
Developments
Resource Survey
Acres and
Weld County,
of
Bridle
Colorado
the
Creek
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Weld County, Colorado
Table 6-1:
Previously Conducted Cultural Resource Surveys within the Research Area.
Date
Report Number
Agency
A►uthor(s)
Report Title
2008
WL.R.R60
SWCA,
Environmental
Consultants
Bureau
Inc.
of
Reclamation
for
the
Thomas Witt
A Class I and
Annexation for
Colorado
III
Inventory
the City
of the Legacy Trail
of Dacono, Weld County,
2014
WL.R.R83
SWCA,
Environmental
Consultants
Bureau
Inc.
of
for
Reclamation
the
Michelle Homan,
Christian Driver,
Thomas Witt
and
Class
Two
Water
Colorado
I and Class III Cultural
Areas for Inclusion
Conservancy District,
in the
Resource Inventory
Northern
Weld County,
of
Colorado
The Compass database identified 12 cultural resources (structures, archaeological sites, and IFs) within
the Research Area that have been previously recorded. Of the 12 previously recorded resources, eight are
historic sites, two are historic IFs, and two are prehistoric IFs. The site information is summarized in Table
6-2. The eight historic sites consist of the Graden Mine, a segment of the Dent Branch of the Union Pacific
Railroad, two segments of the Bull Ditch, a segment of the Stanley Ditch, two trash dumps, and the Ward
Farmstead. Of the 12 cultural resources located within the Research Area, seven sites are determined "Not
Eligible- Officially", all four IFs are recommended as "Not Eligible- Field", and one site (6WL.1317.1 S) is
determined "Eligible -Officially". None of the previously recorded cultural resources are located within the
APE.
Table 6-2:
Previously Recorded Cultural Resources within the Research Area.
Site Number
Time Period
Site Type
NRHP Eligibility
5WL.877
Historic
Graden Mine
Not
Eligible- Officially
5WL.1317.18
Historic
Dent Branch of the
Union Pacific Railroad
(segment)
Eligible- Officially
5WL.1966.10
Historic
Stanley Ditch Segment
Not Eligible- Officially
5WL.1966.5
Historic
Bull Ditch
Segment
Not
Eligible- Officially
5WL.1966.9
Historic
Bull Ditch
Segment
Not Eligible- Officially
5WL.3972
Prehistoric
IF- Groundstone Fragments
Not Eligible -Field
5WL.3985
Prehistoric
IF- Tested
Lithic Core
Not
Eligible -Field
5WL.4867
Historic
Domestic
Trash Dump
Not
Eligible- Officially
5WL.5451
Historic
Construction
Material Trash Dump
Not
Eligible- Officially
5WL.5452
r
Historic
IF- Glass Shards
Not
Eligible -Field
5WL.5458
Historic
IF- Mining Artifacts
Not
Eligible -Field
5WL.7550
Historic
Ward Farmstead
Not
Eligible- Officially
Tetra Tech also conducted a review of the GLO plat maps for Township 1 North, Range 67 West (1863);
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. No additional potential resources were depicted within the Research Area on these map resources.
6-2
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Weld County, Colorado
6.2 New Cultural Resources Recorded During the Pedestrian Survey
The pedestrian survey of the APE consisted of a 3.25 mile long by 100 -feet -wide (39.8 acres) section of
pipeline corridor located on privately owned lands in Weld County that are subject to a municipal conditional
use permit. One new site was identified and documented during the pedestrian survey.
6.2.1 Site SWL.8288.1 Bull Ditch Levee
Description: Site 5WL.8288.1 (Bull Ditch Levee, aka Bull Canal and Whipple Ditch) is located among an
agricultural setting near the intersection of County Road 10 and County Road 19. The levee is concrete
lined and the recorded segment measures 8 feet wide at the crest and approximately 2.5 feet wide at the
base. Tetra Tech recorded a 0.85 mile long (--4500 feet), north to south trending segment of the levee. The
segment is heavily overgrown and no longer appears to be in use.
Figure 6-1. Overview of the Bull Ditch Levee (SWL.8288.1). View looking north-northwest.
Evaluation and Management Recommendations: The levee first appears on the 1950 Frederick U.S.
Geological Survey (USGS) 1/24,000 scale topographic map as the Bull Ditch Levee. The Bull Ditch Levee
was constructed in 1949 or 1950, but the Whipple Ditch has an appropriation date of 1888. According to
the Colorado Division of Water Resources, the Structure Summary Report for the Whipple Ditch indicates
that the Whipple Ditch was inactive from 1965-1969 and then incorporated with the Bull Canal. The
Structure Summary Report also indicates that in 1973 the remaining portions of the Whipple Ditch were
filled in and that the incorporated portion of the Bull Ditch (Canal) was unusable in 1978. The Structure
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Weld County, Colorado
Summary Report states that water was again diverted into the Bull Ditch beginning in 1987, which implies
that repairs had been made to the now named Bull Canal. The last date of use for the Bull Canal was 1995.
The water rights for the site begin in 1950, however the Bull Canal and Whipple Ditch were incorporated in
1970. The original design and records for the Bull Canal are not available online and a records search
conducted by the staff of the Colorado Division of Water Resources on January 9th, 2018 did not reveal any
new information. Typically, the early appropriation date of a ditch as a whole is associated with important
events related to the high altitude irrigation farming practices in the region (Criterion A), but the construction
date of the Bull Canal, along with the incorporation of these two ditches in 1970, as well as the filling of the
Whipple Ditch voids the significance of the early appropriation date. The ditch segment was inactive from
1965 - 1969 prior to the incorporation of the two ditches and again deemed unusable from 1978 - 1986
before being re -activated in 1987. The determination of the ditch as "unusable" in 1978 and remaining as
such until 1987 suggests that modifications and/or repairs to the site were performed during that time frame.
These repairs may have affected the sites seven aspects of physical integrity. Although the site is a historic
resource, the ditch is not associated with an important person (Criterion A) or event (Criterion B) to Weld
County or our nation's history. The ditch neither embodies the distinctive or unique characteristics of an
architectural style or architect, nor exhibits high artistic value given its common construction (Criterion C).
The recordation of the site and subsequent review of data has likely exhausted the data potential of the site
(Criterion D). Two other segments of the Bull Ditch (5WL.1966.5 and 5W L.1966.9) have been previously
recorded and have been determined as not eligible for listing onto the NRHP by the Colorado OAH P. Tetra
Tech therefore recommends this site as not eligible for listing on the NRHP and no further management of
the resource is necessary in relation to the Project.
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Erie to Frederick Pipeline Project, Segment I
Weld County, Colorado
7. Recommendations
This cultural resources pedestrian survey resulted in the identification of one new cultural resource
(5WL.8288.1). The site is recommended as not eligible for listing onto the NRHP and no further
management is necessary.
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 affiliated Native American tribes. 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 OAHP as well as the landowner and consulted
Native American tribes for agreement.
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.
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Weld County, Colorado
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