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Home My WebLink About4.0 Conditions of ApprovalMEMORANDUM To: Dave Pesnichak From: Steve Anthony Re: CUP Oxy warehouse Date: January 14, 2009 The supplemental infonnation provided, a current weed inventory and plan, is acceptable. ~LibertY, ~Mutual. Bond Number: 22024942 ~~~~~~~~~ LICENSE & PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, that we OXY USA WTP LP Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644 Ph . (610) 832-8240 760 Horizon Dr., Suite 101, Grand Junction, CO , as principal (the "Princ ipa l"), and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, COLORADO P.O. Box 2254, Glenwood Springs, CO 81602 , as obligee (the "Obligee"), in the penal sum of Ten Thousand and 00/100 Dollars {$10,000.00 }, for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a license or permit for(Conditional Use Perm iq the quanitified surface area of 2.5 acres on private land to be disturbed, this bond is to secure compliance with the Garfield County Vegilation Management Department for the Conditional Use Permit for the term beginning the 2nd day of January , 2009 , and ending the 2nd day of January 2010 , and this Bond is intended to cover the term of said License or Permit. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the license or permit is issued to the Principal , and 1f Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force . 2. This bond shall continue in force until (surety shall elect eithe r option a orb) O a. the day of , or until the expiration date of any Continuation Certificate executed by the Surety. []] b. the Surety notifies the Obligee in w ri ting of its cancellation of the bond. The Surety shall be relieved of any further liabihty under this bond thirty (30) days after receipt of said notice by the Ob ligee , except for defaults occurring prior thereto. 3. Any claim under th 's bond must be presented in writing to the Surety to the attention of The Surety Law Department at the fol owing address : Interchange Corporate Center, 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19462-1644. Should the address of the Sur ety change, then notice shail be delivered by the Obi gee to the Surety as directed in writing by the Su rety. DATED as of this 2nd day of January 1 20_0_9 __ WITNESS I ATTEST LMlC-6500 Rev . 3/04 2442286 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney llmlts the acts of those named herein, and they have no authority to bind tha Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the •company"), a Massachusetts stock Insurance company, pursuant lo and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint LEON F. HILL, JENNIFER L . SPERLAK, SCOTT RONS, RYAN BIEGEN, ALL OF TH.E CITY OF DENVER, STATE OF COLORAD0 ........................ 11! ••••••••••••• ~············································································•······•······•··•····································· ................................................................................................................... "~··-········································································· , each lndlvidually If there be more than one named, Its ~ and lawful attorney-In-fact to make, execilt.e, seal, acknowledge and deliver, for and on Its behalf as surety and as Its act and deed, anv and all undertakings, bonds, recognizances and other. surety obligations In the penal sum not exceeding FIFTY MILLION AND 00/100*****0 ** .. ..-....... . DOLLARS($ 50,000,000.00***** ) each, and the execution of such undertakings, bof)ds, r&c;ognlzances a~ other surety obligations , in p(irsuance of lhese presents, shall be as binding upon the Company as If they had been duly sl~ by 'the president and attested by the secretary of the Company In their own proper persons. That this power Is made and executed pur5uant to and by aulhQrlty of the following By-law and Authorization : ARTICLE XIII • Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-ln-fact, as may be necessary to act in behalf of the Company to make, ~ execute, seal , acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 't1 i' attorneys-In-fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their ig o signature and execution of any such Instruments and to attach thereto the seal ol lhe Company. When so executed such Instruments shaD be ~ 2' as binding as II signed by the president and attested by the secretary. 0 't1• ::s ~ :f By the folowlng Instrument Iha chairman or the president has authorized the off teer or other official named therein to appoint attorneys-In-fact: .a c~ ~ ~-c .a c Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary ol Liberty Mutual Insurance Company, Is hereby ~ .: f! authorized to appoint such attomeys-ln·fact as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and c -ca -1' ::s deliver as surety any and aft undertakings, bonds, recognizances and other surety obligations. 1i o !! e> ul- ~ !l That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. ~ffi o-c ~ ~ IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of :S [ i: -Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this 17th day of November , i: 0 ..! !I 2008 ctC') ~~ ~~ J f LIBERTY MUTUAL INSURANCE COMPANY ~ 'g .... ~ ~ ~s ByGd---4= u. ~ ~~ c as Gamet W. Elliott, Assistant Secretary .!! o a;.;; COMMONWEALTH OF PENNSYLVANIA ss S '?. 21 i COUNTY OF MONTGOMERY -O> •w._ Oc ~CP ~~ t: c On this ..1Z1h....... day of Novembir , ..2QQa., before me , a Notary Public, personally came Gamet W. Elllott. to me known, and acknowledged _ = ~ -that he Is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows tha seal of said corporation; and that he executed the above ~ z:; ._ S Power of Attorney and affixed the corporate seal of Uberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 1i .8 om > ; ;;'.. IN TESTIMONY WH R unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year .! ~ =; g first above written. ~ ~oNWG< « _ t/i' d E ~ > CP ~ 8 ~ ii' COMM~EAl..TH PE ~ ~ ._ N ... ,. Ncllr1'I SSlll -C') o !; OF Tert1aPullla,NobrfNib By C ~ Z u ~T~~eoiny Ter'sa Pastella , Notary Public· 8.,.. My Commkr\E.iq:hll Mar.28. :ml ~ ~. ~~ .. tl•••l&.-.-.aliorl-' NOl:i-~ .,.. CERTIFICATE I, the undersigned, Asslstan reta,.Y ol Liberty Mutual Insurance Company, do hereby certify that-the original power of attorney of which the foregoing Is a full, true and correct copy, Is In ful f13rce and effect on th!i d~te of this certificate; and I do further .certify tha~ the officer or official who executed the said power of attorney Is an Assistant ·secretary specially authorized by the chairman or the president to sppofrit attomeys·ln·fact as provided In Article XIII, Section 5 of the By-laws of Uberty Mutual Insurance Company . This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facslmMe or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certlfled copy of any power of attomey Issued by the company In connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHERE~ I have hereunto subscribed my name and affixed the corporate seal of the said company, this _ _,2_.n .... d""--___ day of January , ~009 . ~ ~··~~ ~ .f. ' ,. t -;. ,.., f By , ~~.~·· A'j'-<""""'~......,....._--:::~~~~~~-~~~-- !'; • ..... Davi M. Carey, A t Secretary " . I ( ( (_ .a..walsh Environmental Scientists and Engineers, LLC an ecology and environment company January 5, 2009 Mr. Daniel I. Padilla Regulatory Specialist OXY USA WTP LP/OXY USA Inc. Occidental Oil and Gas Corporation 760 Horizon Drive #101 Grand Junction, CO 81506 Subject: Noxious Weed Management Plan Garfield County, Colorado Walsh Project No. 7830-130 Dear Mr. Padilla: The following Noxious Weed Management Plan was produced by Walsh Environmental Scientists and Engineers, LLC {Walsh) on behalf of OXY USA WTP LP. The plan covers OXY's area of operations centered approximately 10 miles north-northwest of the town of De Beque in Garfield County, Colorado. The plan includes a list of noxious weeds that may be encountered on OXY property and suggestions on how to inventory and manage them. Walsh will provide support in the implementation of any of the recommendations provided in the report. Please don't hesitate to contact me at rnbourret@walshenv.com or (970) 241-4636 with any questions, comments, or concerns regarding any aspect of this report. Thank you for selecting Walsh for your project. Sincerely, Walsh Environmental Scientists and Engineers, LLC Melody Bourret Environmental Scientist 535 Grand Avenue -Grand Junction, Colorado 81501-2790 Phone (970) 241-4636 FAX (970) 241-43 I 2 Noxious Weed Management Plan OXY USA WTP LP A Subsidiary of Occidental Oil and Gas Corporation WALSH Project Number: 7830-130 January 5, 2009 . . ~ . ( c ( c ( (_ Noxious Weed Management Plan Occidental Oil and Gas Corporation OXY USA WTP LP Prepared for: Prepared by: Reviewed by: January 5, 2009 Daniel I. PadiJla Regulatory Specialist OXY USA WTP LP/OXY USA Inc. Occidental Oil and Gas Corporation 7 60 Horizon Drive # 101 Grand Junction, CO 81506 Melody Bourret Environmental Scientist Daniel Belin Group Manager -Grand Junction Ecological Services Submitted by: WALSH ENVIRONMENTAL SCIENTISTS AND ENGINEERS, LLC 535 Grand Avenue Grand Junction, CO 81501-2790 WALSH Project Number: 7830-130 ,. Si.Walsh Environmental Scientisl$ and En ci neers , LLC TABLE OF CONTENTS c 1 INTRODUCTION ............................................................................................................................... 1 2 SITE CHARACTERIZATION ......................................................................................................... 1 3 WEEDS OF CONCERN .................................................................................................................... 2 4 WEED INVENTORY ......................................................................................................................... 3 S TREATMENT METHODS ............................................................................................................... 3 6 MANAGEMENT STRATEGIES ...................................................................................................... S 7 CONCLUSION .................................................................................................................................... 7 8 REFERENCES ..................................................................................................................................... 8 LIST OF FIGURES c Figure 1 ........................ Overview -OXY Area of Operations Figure 2 ........................ Valley Overview Figure 3 ........................ Mesa Overview Figure 4 ........................ Logan Wash Overview LIST OF APPENDICES Appendix A .................. Colorado Noxious Weed List Appendix B .................. Descriptions of Listed Noxious Weeds of Garfield County Appendix C .................. PaUer and Girard Document Appendix D .................. Treatment Methods Appendix E .................. Pesticide Use Proposal Appendix F .................. Noxious Weed Survey Fonn Appendix G .................. Noxious Weed Surveys and Inventory Table Appendix H ................. BLM Seed Mixture Appendix I. ................. CNAP BMP Recommendations for Mount Callahan ( ( c ( a..~a1sb. Environmen1al Scientists and Engineers, LLC CNAP USFS GJFO GSFO NWMP OXY PUP Walsh LIST OF ACRONYMS AND ABBREVIATIONS Colorado Natural Areas Program United States Forest Service Grand Junction Field Office Glenwood Springs Field Office Noxious Weed Management Plan Occidental Oil and Gas Corporation -OXY USA WTP LP Pesticide Use Proposal Walsh Environmental Scientists and Engineers, LLC ii ~Walsh En vironmental Scientists and Engineers , LLC Noxious Weed Management Plan 1 INTRODUCTION Noxious weeds are non-native, invasive plant species which disrupt the natural ecology of landscapes. They can quickly disrupt and overtake native vegetation, cause illness to livestock and wildlife, and adversely affect water bodies by changing the plant composition of stream banks and crowding out native wetland and riparian plants. Walsh Environmental Scientists & Engineers, LLC (Walsh) prepared this plan for OXY USA WfP LP to provide guidelines for managing noxious weed population within OXY's area of operations in Garfield County. The objectives of the plan include: • locating and treating existing weed infestations, • identifying and evaluating the effectiveness of various treatment methods, • preventing new infestations, • and providing an adaptable and useful document for OXY's existing and future property managers and contractors. Under the Colorado Noxious Weed Act, Colorado Revised Statutes Title 35, Arti cle 5.5, the Colorado General Assembly has placed all Colorado lands under the jurisdiction of local governments which are responsible for the management of state and locally designated noxious weeds. Garfield County is responsible for management of noxious weeds in OXY's area of operations. Garfield County requires land owners in the county to actively manage noxious weed infestations on their property, and this management plan fulfills that requirement. 2 SITE CHARACTERIZATION OXY's property has been divided into three different noxious weed management areas for this report, hereinafter referred to as the Valley, the Mesa, and Logan Wash. Figure 1 shows these areas which were designated based on either ecology or geography. The Valley consists of facilities (well pads, compressor stations, etc) and linear features (roads and pipelines) found along Conn Creek and its tributaries at an elevation below 7,500 feet. These relatively dry valleys have long growing seasons, high average temperatures, and low annual precipitation rates. The vegetative communities in this area are dominated by the following associations: sagebrush, pinyon-juniper, desert scrub and, on moist northern aspects and along Conn Creek, mountain shrub and gambel oak. The Mesa and Logan Wash areas consist of facilities and linear features above 7,500 feet in the highlands to the north and east of the valley. These highlands have shorter growing seasons, lower temperatures, and greater annual precipitation rates . The increased moisture availability is OXY USA W'TtU -W.1 .... Wnd MM.-Pia l/S/2009 I c c ( c c ( AlilWalsb. Environmental Scientists and Engineers, LLC reflected in the dominant habitats found here: mountain shrublands dominated by gambel oak, aspen woodlands, and mixed conifer woodlands. The Mesa and Logan Wash were separated due to the geographic distance between the two areas . The highland road connecting the two areas is included in the Logan Wash area. Also of note, the Mt Callahan Ridge (MCR) has been designated a sensitive area due to the presence of rare plant populations and their habitat. While the MCR is part of Logan Wash, the sensitive area determination limits the type of treatment methods available for managing noxious weeds . To assure that treatment methods pose the least risk to these rare plant populations, all treatment along the MCR will be consistent with Best Management Practices provided by the Colorado Natural Areas Program (CNAP) listed in Appendix I. 3 WEEDS OF CONCERN The Colorado noxious weed list is divided into three management categories: Lists A, B, and C. Please see Appendix A for a list of the Colorado noxious weed species and their designation. Under the Colorado Noxious Weed Act, if populations of List A species are present in the project area, every population shall be eradicated prior to seed development (Part 3.3.A.). To stop the spread of List B species, populations of every species designated for eradication in a P,articular county shall be eliminated prior to seed development (Part 4.5.A.). On public lands, the BLM Glenwood Springs Energy Office and the White River National Forest require the operator to control and immediately eliminate populations of List B species (as opposed to merely eradicating them prior to seed development), with the exception of redstem filaree (Erodium cicutarium) and quackgrass (Elytrigia repens) (BLM 2007). Out of the 68 listed noxious weeds in Colorado, the Garfield County Weed Advisory Board has identified 21 noxious weed species as likely to occur within the county. Table I lists those species, and Appendix B contains descriptions and distinguishing species characteristics. OXY USA 1ll'TI' LP . Ko ..... w...i ..... .,..... Plu l/S/2009 2 a Walsh Environmenlal Scienlists nnd Engineers, LLC Table 1: Garfield County Noxious Weed List cadi'ftiim~11· i il ---w ~ , ..... ~~ 0 ... Jr _;; ';g ,.:rr. Q n . m .. Canada thistle Cirs ium arvense Chicory Cichorium in tybus Common burdock Arctium minus Dalmatian toadflax linaria da/matica Diffuse knapweed Centaurea diffasa Hoary cress Cardaria draba Houndstongue Cynoglossum offinale Jointed goatgrass Aegilops cylindrica Leafy spurge Euphorbia esula Musk thistle Carduus acanthoides Oxeye daisy Chrysantheum leucanthemum Plumeless thistle Carduus acanthoides Purple loosestrife Lythrum salicaria Russian knapweed Acroptilon repens Russian olive Elaeagnus angustifolia Salt cedar Tamarix ramosissima Salt cedar Tamarix parvif/ora Scotch thistle Onopordum acanthium Spotted knapweed Centaurea maculosa Yellow starthistle Centaurea so/stitialis Yell ow toadflax Linaria vu/garis 4 WEEDINVENTORY Noxious weed surveys were conducted in 2006 by Paller and Girard (Appendix C). Additional surveys were conducted in 2008 by Walsh to continue noxious weed monitoring and treatment (see Appendix G). Infestations were recorded using the Noxious Weed Survey Form presented in Appendix F and reported in the Noxious Weed Inventory Table in Appendix G and Figures 2 , 3, and 4. The inventory will be updated throughout the growing season as new infestations are identified. Surveys will continue to assess the condition of previously-treated weed infestations. These follow up surveys will provide valuable information on the effectiveness of treatment methods and will support the adaptive management approach emphasized in this NWMP. 5 TREATMENT METHODS The following treatment methods and descriptions were acquired from the Garfield County Noxious Weed Management Plan (Garfield County, 2002). Management techniques include cultural, mechanical, biological and chemical strategies . Cultural controls involve seeding with native plants and reducing grazing intervals to promote plant growth. Mechanical control is the removal of the infestation manually or with equipment. B i ological control involves using insects that feed only on certain noxious weed species. Combined approaches have often proved most effective. OXYUSAWTPU'·ll ...... Wn<IM-....... l'lm I JS/2009 3 ( c ( ( ( a..walsb. Environmental Sdentists and Engineers, LLC The optimum method or methods for weed management will vary depending on a number of site specific variables. Factors to be considered include soil type and stability, grade, associated vegetation, existing and proposed land use, proximity to water, availability of irrigation water, weed type and stage of growth, and severity of infestation. The management method selected should be the most effective at mitigating and eliminating noxious weeds, but be practical and financially reasonable. When considering weed management on a property, initial areas to be treated are always those which are likely to transport weed seeds. These areas include ditches, streams, roadsides, driveways, trails, livestock concentrated areas, and equipment storage sites. The following recommendations are intended to be a reference for weed management in Garfield County. The information is not intended to be a complete guide to weed management. Specific chemical recommendations are available from the Garfield County Vegetation Management Department and/or licensed applicators and are not listed in this Plan (Garfield County, 2002). Please see Appendix D for recommended treatment methods for each species. OXY's area of operations are within the BLM Grand Junction Field Office (GJFO) jurisdiction. Walsh was unable to obtain the GJFO noxious weed management plan in time to complete this document. However, that plan is likely to be similar to the Glenwood Springs Field Office (GSFO) noxious weed management plan. The following treatment methods are requirements from the GSFO Noxious Weed Management Plan. The appropriate BLM weed manager should be contacted for timing and treatment of each weed species (BLM 2007). According to the GSFO Noxious Weed Management Plan, the operator shall implement the best available weed control technique(s) at the appropriate times based on the life history of the weed species. • A Pesticide Use Proposal (PUP) shall be approved by the BLM prior to use of herbicides on BLM lands (Appendix E). • Only adjuvants (chemicals designed to enhance the effects of other chemicals) and herbicides approved by the BLM shall be applied to BLM lands. • A Pesticide Application record shall be filled out each time pesticides are applied to BLM lands. The operator shall maintain these records for a minimum of three years. • Infestations of all List A species and designated List B species shall be immediately reported to the appropriate County Weed Manager. • Herbicide use shall follow application rates, restrictions and warnings listed on the label. • In situations where noxious weeds have escaped from the project area into adjacent sites, the infested areas shall be treated to prevent further expansion into uninfested areas and reinfestation of the treated area. Landowner permission must be obtained prior to such treatment. • The operator shall use pesticide applicators licensed by the Colorado Department of Agriculture (BLM 2007). OXY USA WTt I'• No-Wn4~-PL.. 1/512009 4 £Walsh Environmental Scientists and Engineers, LLC Based on BLM GSFO Noxious Weed Management Plan requirements, Walsh has identified the ( following preventative measures. • Inventory proposed development areas prior to ground-disturbing activities. If noxious weeds are encountered they shall be treated or removed to prevent further infestations. If the treatment timing is not species appropriate for the weed species, ground activities can proceed. • A Pesticide Use Proposal (PUP) shall be prepared by OXY and approved by the BLM prior to use of herbicides on BLM lands. • Certified weed-free grass mixture is to be planted on disturbed land. • Topsoil stockpiles are to be revegetated to promote a healthy microbial environment in the soil. As stated by the BLM GSFO, native or non-native, non-persistent sterile grasses may be used to seed stockpiles. • Certified weed-free mulch must be used in reclamation. It is recommended that vehicles that have traversed areas with noxious weed infestations be power washed to remove mud and debris from tires and the vehicle's undercarriage as soon as possible after exposure to weeds. Wash water should be contained in an area that cannot harbor noxious weeds {e .g. commercial car wash). This action will remove seeds and is a preventative measure in stopping the spread of noxious weeds. 6 MANAGEMENT STRATEGIES Based on the treatment methods from the previous section, Walsh proposes the following management strategies. Prevention Preventing the spread of existing noxious weeds is essential in the management process. Noxious weeds have an affinity to areas of disturbance such as roads, pipelines, and right-of-ways (ROWs) and are easily spread to these locations. Seeds and transplants can adhere to clothing, mud on tires, hay, or transplanted noxious ornamental plants. Minimizing or eliminating these factors can greatly reduce the occurrence of noxious weeds . Areas with known noxious weed infestations should be avoided by vehicles and personnel until the weeds have been eradicated. Revegetation and Rehabilitation Revegetating an area that has been cleared of noxious weeds or otherwise disturbed can be instrumental in preventing the reestablishment of noxious weeds, guarding against erosion, providing cover for wildlife forage, and in reducing visual impact. Revegetation is site specific and native plants should be used whenever feasible. However, if reclamation is the desired effect, non-aggressive grasses and forbs can be used. The following is an OXY standard seed mix derived from the previous noxious weed plan provided by Paller and Girard Inc. Additional seed mix recommendations from the BLM can be found in Appendix H . 1/5/2009 5 ( ( ( c .:..walsh Environmental Scientists and Engineers, LLC OXY Standard Seed Mix Species Russian Wild Ryegrass VNS Mountain Brome, Bromar Orcbardgrass, Paiute Intennediate Wbeatgrass, Oabe Regreen404 Crested Wbeatgrass, Hycrest Pubescent Wbeatgrass, Luna % live seed 16.86 16.86 16.36 15 .98 14.70 8 .24 8.09 Note: The recommended seed mixtures should be applied with a broadcast seeder followed by harrowing with a sharp-toothed harrow to achieve a cover depth of 114 to 2 inches. If mulch is used it should be certified weed-free straw or bay or packaged hydromulch. Revegetation projects should be evaluated one year after completion. If revegetation is not proceeding as expected, the cause(s) should be determined and appropriate measures taken to try and increase success rates (P&G 2007). Garfield County has developed the following items to use as tools in the planning process. A Soil Plan including the following: ~ • Provisions for salvaging on-site topsoil • A timetable for eliminating topsoil and/or aggregate piles • A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more A Revegetation Plan including the following: • Plant material list (scientific and common names required). • Planting schedule (timing, methods, and provisions for watering, if applicable). • A map of the impacted area, including any area which might be disturbed by machinery used during revegation. • A revegetation bond A Revegetation Security may be required if, in the determination of the Board of County Commissioners, the proposed project has: • A potential to facilitate the spread of noxious weeds • A potential to impact watershed areas • A potential to negatively impact public viewing corridors • Steep slopes (15% or greater) or unstable areas • The possibility of disturbing large areas (half acre or greater) (Garfield County 2002) As stated by the Garfield Management Plan, the revegetation security will be detennined by the Board of County Commissioners. Securities will be site-specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the following Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the ( release of the security (Garfield County 2002). 115/2009 6 a Walsh Environmental Scienti sts and Engineers, LLC 7 CONCLUSION The noxious weed management plan provided by Walsh is a living document designed to outline steps and tasks in the identification, treatment and revegetation of noxious weed infestations. Site surveys will be conducted biannually between April and October to identify noxious weeds on property impacted by OXY activities. A report of each survey will be submitted to OXY and will be available to agencies upon request. Based on findings in the survey(s), OXY will coordinate with the BLM and/or County and landowners Oxy will work with the landowner and federal, state, and local agencies to identify the most appropriate treatment methods. Noxious weed control is vital to preserve the natural ecology of Colorado. Adopting this management plan will aid OXY in managing noxious weeds encountered during their oil and gas exploration and production activities. OXY USA WT1' LI'· No• .... Wml -.. -Piao llS/2009 7 ( c ( ( c ( .&Walsh Environmental Scientists and Engineers, LLC 8 REFERENCES Bureau of Land Management, Glenwood Springs Energy Office {BLM). 2007. Noxious and Invasive Weed Management Plan for Oil and Gas Operators. Email correspondence from: Beth Brenneman, Beth Brenneman@blm.gov Garfield County. 2002. Garfield County Noxious Weed Management Plan. Retrieved from: http://www.garfield-county.com/lndex.aspx?page=604 Palller and Girard Inc. {P&G).2007. Noxious Weed Management Plan for OXY. January 2007. Electronic document provided by OXY OXYUSA WTt1'. Noa .... w...i-..-ri.. 11512009 8 a Walsh Environmental Scientists and EngincCTS, LLC RESOURCE DIRECTORY AND SOURCES OF INFORMATION Glenwood Springs BLM Energy Office Ecologist Beth Brenneman 2425 South Grand A venue, Suite I 0 l Glenwood Springs, CO 816014180 Phone: (970) 947-5232 Fax: (970) 947-5267 Bclh Brcnncman(W,blm.gov Grand Junction BLM Weed Management Specialist Sparky Taber 2815 H road Grand Junction, CO 81506 Phone: (970) 244-3004 Fax: (970) 244-3083 mark tabcr@blm.gov Garfield County Vegetation Management Steve Anthony P.O. Box 426,0298 CR333A Rifle, CO 81650 Phone:970)625-8601 Fax : (970) 625-8627 santhony@garficld-county.com Mesa County Pest and Weed Inspector Judith Sirota P .O . Box 20,000-5028 Grand Junction, CO 81502-5028 Phone: (970) 255-7120 Fax: (970) 243-3519 jsirola@mcsacounty.us OXV USA Wff 1.1'-N-WmlM __ _ /""" 1/5/2009 n Colorado State University Cooperative Extension Service (Garfield County) Fairgrounds, 1001 Railroad Avenue, P.O. Box 1112 Rifle, CO 81650-1112 Phone: (970) 625-3969 garfield@ext.colostate.edu http://www.coopext.colostate.edu/garficldcounty/home.htm Colorado State University Cooperative Extension Service (Mesa County) 2775 Hwy. 50 Grand Junction, CO 81503 Phone: (970) 244-1834 Colorado Weed Management Association Phone: (303) 779-7939 http://www.cwma.org Colorado Department of Agriculture Division of Plant Industry -Biological Control Section P.O. Box400 Palisade, CO 81526 Phone: (970) 464-7916 Colorado Department of Agriculture Kelly Uhing, State Weed Coordinator Noxious Weed Program Division of Conservation Services 700 Kipling Street, Suite 4000 Lakewood, CO 80215-5894 Phone: (303) 2394182 www.ag.slatc.co.us/dpi/wccds/wccd.html f1 ( c (_ AaWa1sh Environmental Scienti sts and Enginee rs, LLC Figure 1 Overview Map OXY Area of Operations 11512009 c c c ,.~ .. ..,~u:===:;;:~, ..... -"!~~·====:::;oy;-+ 111\00!J 1---0.000!Ht J "l •-. ~. "-o I c c ( .&Walsh Environmental Sci enti sts and Enginee rs , LLC Figure 2 Valley Overview 1/512009 ( c --c -. """" --/V '-"t ...... a.....ia.... .... f..., ' --C3 ,._,CM+..., ...... . § ... ~~--&.:.--. -_......., .... \iM.11•~-.. ( ( ( a Walsh Environmental Scientists and Engineers, LLC \ . ~. 1,. t • ... ... ....... ~ }!. ?l~ ii;· Figure 3 Mesa Overview 11512009 , ' I I ~ / ~/ .__ ~ O X't USA WTP LP OXT 2,.. Compau nn.e. s .. 1. 110 . -.... c ( ( ( ( ( . . I THE MESA °"""'<-<I'·-! /5 " No.loull w..d .... ...,... • Up$.a.d JiJy Zl. aoot -• . " ~ .. .. ·r . -~ ~ ; .,;_ Vi. . , " ',Jt,' . (?--'· 1 J """'OXY USA WlP LP /•/ DXY n s.c.....,.uo-.59i.uo l..·"' ,_,,.,· ......._, ~J.oftOOll.C.0 11508 l I ..,,_.,,._ .. _ "Ot .... C.. ,,. -· --.. £Walsh Environmental Scienti sts end Engineers, LLC c Figure 4 Logan Wash Overview c (_ 11512009 I ( I! .. . :; !I .. ~ J a 'II 0 c ( .EWalsh Environmental Scientists and Engineel'li, LLC c Appendix A Colorado Noxious Weed List (BLM, 2007) c c 115/2009 c ( (_ a.Walsh Environmental Scientists and Engineers, LLC List A African rue (Peganum ham1ala)aw Camelthom (Alhagi pseudalhagi)GM" Common crupina (Crupina vulgaris)GM• Cypress spurge (Euphorbia c>:J:.arissias)GM" Dyer's wood (/satis tinctoria) M• Giant salvinia (Salvinia molesratw Hydrilla (Hydrilla verticillata)G • Meadow knapweed (Centaurea pratensis)GM" Mediterranean sage (Salvia aethiopis)GM• Medusahead (Taeniatherum caput-medusa)GM" Absinth wormwood (Artemisia absinthium)GM" Black henbane (Hyoscyamus niger)GM" Bouncingbet (Saponaria officinalis)° Bull thistle (Cirsium vulgare)° Canada thistle (Cirsium arvense)° Chinese clematis (Clematis orientalis)GM" Common tansy (Tanacetum vulgare)0 Common teasel (Dipsacus fullonum) 0 Com chamomile (Anthemis arve11sis)0 Cutleaf teasel (Dipsacus laciniatus) • Dalmatian toadflax, broad-leaved (Linaria da/matica) • Dalmatian toadflax, narrow-leaved (Linaria genistifolia) • Dame's rocket (Hesperis matronalis)° Diffuse knapweed (Centaurea diffusa)GM" Eurasian watermilfoil (Myriophyllum spicatum)0 Hoary cress or whitetop ( Cardaria draba) • Houndstongue (Cynoglossum ofjjcinale)° Leafy spurge (Euphorbia esu/a)GM" Mayweed chamomile (Anthemis cotula) • Moth mullein (Verbascum blattaria)0 11512009 Myrtle spurge (Euphorbia myrsinites)GM" Orange hawkweed (Hieracium aurantiacum)GM" Purple loosestrife (Lythrum salicaria)GM" Rush skeletonweed (ChondrillajunceatM" Sericea lespedeza (Lespedeza cuneata) M" Squarrose knapweed (Centaurea vi"&pta)0 M" Tansy ragwort (Senecio jacobaea)0 Yellow starthistle (Centaurea solstitialis)0 M" Musk thistle (Carduus 11utans)0 Oxeye daisy (Chrysanthemum leucanthemum )G• Perennial pepperweed or tall whitetop (Lepidium latifolium)0 M" Plumeless thistle (Carduus acanthoides)GM• Quackgrass (Elytrigia repe1is) Redstem filaree (Erodium cicutarium) Russian knapweed (Acroptilon repens}GM• Russian-olive (Elaeagnus angustifo/ia) • Salt cedar (Tamarix chinensis, T.parviflora, and T. ramosissimaf Scentless chamomile (Matricaria perforata) • Scotch thistle (Onopordum acanthium)· Scotch thistle (Onopordum tauricum)· Spotted knapweed (Centaurea macu/osa)GM" Spurred anoda (Anoda cristata) • Sulfur cinquefoil (Potentilla recta)M" Venice mallow (Hibiscus trionum)0 Wild caraway ( Carum carvi) • Yellow nutsedge (Cyperus esculentus)w Yellow toadflax (Linaria vulgaris)GM ~walsh Environmental Scientists and Engineers, LLC Chicory (Cichorium intybus)0 Common burdock (Arctium minus)0 Common mullein (Verbascum thapsus) St. Johnswort (Hypericum perforatum) Downy brome or cheatgrass (Bromus tectorum) Field bindweed (Convolvulus arvensis) Halogeton (Halogeton g/omeratus) (BLM, 2007) Jobnsongrass(Sorghun1halepense) Jointed goatgrass (Aegilops cylindrica) Perennial sowthistle (Sonchus arvensis) Poison hemlock (Conium maculatum) Puncturevine (Tribulus terrestris) Velvetleaf (Abutilon theophrasti) Wild proso millet (Pan icum miliaceum) 0 -Immediately report this noxious weed species to the Garfield County Weed Manager when found in Garfield County. M -Immediately report this nox ious weed species to the Mesa County Weed Manager when found in Mesa County. · • -These noxious weed species will be mapped and inventoried to meet BLM and USFS requirements. l/S/2009 ( ( ( a Walsh Environmental Scien1is1s and Engineers, LLC ( Appendix B Garfield County Weed Descriptions (Garfield County, 2002) c (_ 11512009 .&Walsh Environmenlal Scientists and Engineers, LLC Canada Thistle (Cirsium arvense) ( Canada thistle is a member of the Aster family and was introduced from Europe. It is a creeping perennial, which reproduces by seeds and fleshy, horizontal roots . The erect stem is hollow, smooth and slightly hairy, 1 to 5 feet tall, simple, and branched at the top. The flower color is primarily lavender, pink, or purple. Canada thistle emerges in May in most parts of Garfield County and is one of the most widespread and economically damaging noxious weeds in Colorado. Infestations are found in cultivated fields, riparian areas, pastures, rangeland, forests, lawns and gardens, roadsides, and in waste areas. Because of its seeding habits, vigorous growth, and extensive underground root system, control and eradication are difficult. Chicory (Chicorium intvbus) Chicory belongs to the Sunflower family . Chicory, a simple perennial, reproduces only by seed. The plant has a deep fleshy root and tufted basal leaves that resemble those of a dandelion . The stem is multi-branched and can reach over five feet tall . The flowers are bright blue, purple, or occasionally, white, and occur along the stems of the plant. The plant is closely related to the cultivated endive and is grown in some areas for the succulent leaves and the fleshy roots. The roots are dried and used as a substitute for coffee. Other names for chicory are succory, blue daisy, blue sailors, and coffeeweed. chicory is scattered throughout western Garfield County. Common Burdock (Arctium minus) Common burdock is a member of the Aster family. It is an introduced biennial, which reproduces by seeds. In the first year of growth the plant forms a rosette. The second year the plant grows erect. Burdock grows to 6 feet tall, bas enormous leaves and a prickly bur. The flowers are purple and white in numerous heads. Burdock grows along roadsides, ditch banks, ( and neglected areas. This plant is a very serious threat to sheep as the burs can significantly damage the quality of their wool. Burdock will cause eye infections in cattle. Dalmatian Toadflax {Linaria genistifolia) Dalmatian toadflax is a member of the Figwort family. It was introduced as an ornamental from Europe, and is common in Glenwood Springs. It is a creeping perennial with stems from 2 to 4 feet tall. The flowers are snapdragon-shaped, bright yellow, with orange centers; the leaves are waxy and heart-shaped. Dalmatian toadflax is especially well adapted to arid sites and can spread rapidly once established. Because of its deep, extensive root system and heavy seed production, this plant is difficult to manage. Diffuse Knapweed (Centaurea di(fusa) Diffuse knapweed is a member of the Aster family . Diffuse knapweed was introduced from Europe and is a biennial or short-lived perennial forb, which reproduces only by seed. The plant usually produces a single main multi-branched stem that is I Y, to 2 feet tall. The flower is white or pink with bracts. The largest infestation of diffuse knapweed in Garfield County is south of Glenwood Springs at the Glenwood Airport and old rodeo grounds. Hoary Cress (Cardaria draba) Hoary cress, also known as whitetop, is a member of the Mustard family, and was probably introduced from Europe in alfalfa seed. It is a creeping perennial, which reproduces by seed and creeping roots. The extensive root system spreads horizontally and vertically with frequent 11512009 ( c c (_ a Walsh Environmental Scicncis is and Engineers, LLC shoots arising from the rootstock. It grows erect from 10 to 18 inches high and has a gray-white colored leaf. The flowers are white and numerous in compact flat-topped clusters which give the plant its name. Hoary cress is one of the earliest perennial weeds to emerge in the spring, producing flowers in May or June. It grows in waste places, cultivated fields , and pastures, and is capable of vigorous growth . It is found throughout Garfield County . Houndstongue (Cynoglossum otlicinale) Houndstongue is a member of the Borage family. It is a biennial that was introduced from Europe. It reproduces by seed and appears as a leafy rosette in its first year. The plant grows 1 Yi to 3 feet high with reddish-purple flowers. Houndstongue is commonly known as the "Velcro weed" because of its small nutlets that are rapidly spread by people, domestic animals, wildlife and vehicles. Houndstongue grows on ranges, pastures, trails and roadsides and is toxic to horses and cattle, as it contains alkaloids that may cause liver cells to stop reproducing. It is common throughout Garfield County. Jointed Goatgrass (Aegi/ops cylindrica) Jointed goatgrass is a member of the Grass family, Barley tribe. It is a non-native grass introduced from Turkey in the late 1800s. It is a winter annual, reproducing by seed and grows 15 to 30 inches tall in erect stems which branch at the base to give the plant a tufted appearance . Seeds of jointed goatgrass are attached to their rachis segment and shed in June and July, during and prior to wheat harvest. The seeds are very similar in size and shape to wheat seed and therefore are difficult to screen out. Jointed goatgrass is found in the Harvey Gap area and in west Mamm Creek. Leafy Spurge (Euphorbia esu/a) Leafy spurge, a member of the Spurge family, was introduced from Europe. It is a creeping perennial that reproduces by seed and extensive creeping roots . The roots can extend as deep as 30 feet from a plant that grows 1 to 3 feet tall, with pale green shoots and small yellow-green flowers . The pla11t, including the root, has milky latex that is damaging to eyes and sensitive skin. Leafy spurge is an extremely difficult plant to control because of its extensive sprouting root. It is adapted to a wide variety of Colorado habitats and is very competitive with other plant species. If it becomes established in rangeland, pasture, and riparian sites, it may exclude all other vegetation due to its competitive nature. There are some plants found scattered in the Wallace Creek area and a few plants found on the 1-70 right-of-way west of Glenwood Springs. Musk Thistle (Carduus nutans) Musk thistle is a member of the Aster family. Introduced from Eurasia, it is a winter annual or biennial which reproduces by seed. The first year•s growth is a large, compact rosette from a large, fleshy, corky taproot. The second year stem is erect, spiny, 2 to 6 feet tall and branched at the top . The waxy leaves are dark green with a light green midrib and mostly white margins; flowers are purple or occasionally white . Musk thistle is also known as "nodding thistle" and is commonly found in pastures, roadsides, and waste places. It prefers moist bottomland soil, but also can be found on drier uplands and is found throughout Garfield County. 1/512009 .:..walsh Environmcnlal Scientists and Enginccis, LLC Oxeye Daisy (Ch1ysanthemum leucanthemum) ( Oxeye daisy, a member of the Aster family, is a native of Eurasia. It is an erect perennial plant with white ray and yellow disk flowers, which bloom from June through August. Oxeye daisy is commonly sold in wildflower seed mixes or transplanted as an ornamental despite its tendency to crowd out more desirable vegetation. It is scattered throughout Garfield County. Plumeless Thistle (Carduus acanthoides) Plumeless thistle is a member of the Aster family. Introduced from Eurasia, it is a winter annual or biennial which reproduces by seed. This plant can be distinguished from musk thistle by its smaller flowers from Y2 to 1 inch in diameter. The leaves of plumeless thistle lack the prominent white margin present on musk thistle leaves. The plant may grow to a height of 5 feet or more. Flowers are reddish-purple and are either solitary or clustered. Taproots are large and fleshy. Plumeless thistle is an extremely prolific seed producer. It is found in pastures, river valleys, and along roadsides. It is found throughout southern Garfield County and is becoming a problem south of Battlement Mesa. Pwple Loosestrife (Lythrum salicaria) Purple loosestrife is a member of the Loosestrife family. It is a perennial introduced from Europe. The erect, square stem can reach 1 Y2 to 8 feet tall with magenta-colored flowers . Pwple loosestrife is a highly aggressive invader species that can be found in most wetland sites throughout the state. If left unchecked, a wetland will eventually become a monoculture of loosestrife, posing a severe threat to waterfowl habitat and impeding water flow in irrigation ditches. There are no confirmed locations in Garfield County. Russian Knapweed (Acropti/011 repens) Russian knapweed is a member of the Aster family introduced from Europe. It is a creeping perennial that reproduces by seed and creeping, horizontal roots. The ridged stems are stiff and 1 to 3 feet high, with thistle-like flowers that are lavender to white. It is very difficult to control or eradicate once it becomes established. It grows in cultivated fields, along ditch banks, fence rows, roadsides, and in waste places. Russia11 knapweed is toxic to horses. It is most common in the Dry Hollow, Silt Mesa, and Missouri Heights areas. Russian Olive {E/aeagnus angustifOlia) Russian Olive is a member of the Oleaster family. A hardy, fast-growing tree from Europe, Russian Olive has been promoted for windrow and ornamental plantings. This tree may reach heights from 10 to 25 feet. The trunks and branches are armed with 1 to 2 inch woody thorns. The leaves are covered with small scales which give the foliage a distinctive silvery appearance. The fruit is berry-like, and is silvery when first formed but turns brown at maturity. Russian olive is common in western Garfield County, especially along the Colorado River between Silt and Rifle, Colorado. Salt Cedar fTamarix ramosissima. Tamarix parviflora) Salt cedar is a member of the Tamarisk family. It is a deciduous or evergreen shrub or small tree, 5 to 25 feet tall. Tamarisk may live 50 to 100 years. It has a wide range of tolerance to saline and alkaline soil and water. It copes with high concentrations of dissolved solids by absorbing them through its roots and excreting salts through glands in its stem and leaves. The excreted salts \1512009 c (_ a.Walsh Environmental Scientists and Engin eers, LL C ( eventually form a saline crust on the soil. A s ingle saltcedar plant wiJI use about 200 gallons of water per day while it is actively growing. Sapling and stem bark is reddish-brown. Leaves are small and scale-like, on highly branched slender stems. Ramosissima is 5-petaled and pink to white. Parviflora is 4-petaled. Introduced from Eurasia, tamarisk is widespread in Garfield County, along the Colorado River from Glenwood Canyon to the Mesa County Line. c Scotch Thistle (Onopordum acanthium) Scotch thistle is a member of the Aster family. It is a biennial that was introduced from Europe or eastern Asia and can reach a height of 8 feet. The rosette forms the first year and can have leaves up to 2 feet long and I foot wide. The second year the plant produces flowers that are reddish-purple to violet. It is found primarily along roadsides and railroads, but can become an impassable obstacle to livestock on rangeland and pastures. Scotch thistle is ommonly found between Glenwood Springs and New Castle, Colorado. Sootted K.napweed (Centaurea maculosa) Spotted knapweed is a member of the Aster family. Native to Central Europe, it is a simple perennial that reproduces from seed and forms a new shoot each year from a taproot. The plant can have one or more shoots up to 4 feet tall. Flower color is usually lavender to purple. Spotted knapweed occupies dry meadows, pastures, stony hills, roadsides, and the sandy or gravel flood plains of streams and rivers, where soils are light textured, well-drained, and receive summer precipitation. Spotted knapweed tolerates dry conditions, similar to diffuse knapweed, but will survive in higher moisture areas as well. There is a small infestation south of Battlement Mesa and scattered and isolated patches are increasing in Garfield County. Yellow Starthistle (Centaurea solstitialis) Yellow starthistle is a member of the Aster family. It is an annual, 2 to 3 feet tall, that was introduced from Europe. Flowers are yellow, located singly on ends of branches, and armed with sharp straw-colored thorns up to % inch long. "Chewing disease" results when horses are forced to eat yellow starthistle. Currently, there are no confirmed reports of starthistle in the Garfield County; however single plants have been reported in the past. There are known infestations in neighboring counties. Yellow Toadflax (Linaria vulgaris) Yell ow toad flax is a member of the Figwort family and is sometimes called common toadflax or "butter and eggs." It was introduced from Europe as an ornamental and has now become a serious problem to rangelands and mountain meadows. It is a perennial reproducing from seed , as well as from underground rootstalk. The flowers are bright yellow with deep orange centers that resemble the snapdragon. Yellow toadflax does well in all types of soils. Its displacement of desirable grasses not only reduces ecological diversity, but also reduces rangeland value and can lead to erosion problems. Because of its early vigorous growth, extensive underground root systemt and effective seed dispersal methodst yellow toadflax is difficult to control. Yellow toadflax infests thousands of acres in the Flat Tops Wilderness. 11512009 JaWalsh Environmen tal Scientists and Engi neers, LLC HOW TO DISTINGUISH VARIETIES OF THISTLE, KNAPWEED AND TOADFLAX THISTLES Four types of thistles are on the Garfield County Noxious Weed List. Canada thistle is a perennial; it has an extensive root system. Plumeless, Scotch , and musk thistles are biennials ; they are relatively shallow rooted and reproduce by seed only. Canada and plumeless th istle are similar in appearance. However they can be easily distinguished from each other. Canada has a smooth stem; plumeless has spiny stem leaves . The bracts under the flower of Canada are spineless; the bracts under the flower of plumeless appear as sharp spines. The flowers of musk thistle are about three times larger than those of Canada or plumeless . Musk thistle seedlings have a very prominent white midrib. Scotch thistle leaves are larger than those of the other thistles. They grow up to 2 feet i n length and 1 foot wi de. The leaves are covered with dense hairs, which give them a gray appearance . All of the biennial thistles may grow to heights of greater than six feet. Canada thistle may grow from I to 4 feet tall . Colorado has several species of thistle which are native and do not cause the problems of the species. Native thistles have mostly white , sometimes very pale lavender flowers and are more succulent than the noxious species. The flowers may have a hairy or fuzzy appearance and stems of some species are reddish. KNAP WEEDS c Russian knapweed is a perennial with an extensive underground root system. Spotted knapweed is a biennial, or occasionally a short-lived perennial with a short taproot. Generally, the flowers ( of spotted and Russian knapweed are pinkish-purple. Diffuse flowers are white, however there are exceptions. The best way to distinguish between the knapweeds is by examining the bracts. The bracts of Russian knapweed are white and papery-thin. Diffuse knapweed bas sharp-toothed bracts. Spotted knapweed bracts are more like a fringe (not as spiny) with a black spot on each bract. TOAD FLAX The best way to distinguish the different toadflaxes is to look at the shape of the leaves. Yell ow toadflax has narrow leaves that are pointed at both ends; the leaves of Dalmatian toadflax are heart-shaped, clasped at the stem, and are waxy with a blue green color. Yellow toadflax tends to be a smaller plant than Dalmatian toadflax. 11512009 ( &Walsh Environmental Scient ists and Ensincers , LLC ( Appendix C Paller and Girard Inc, 2007 c ( l/S/2009 .:a.Walsh Environmental Scientists and Engineers, LLC OXY USA WTP LP NOXIOUS WEED INVENTORY CONN CREEK AND TRAIL RIDGE WELL LOCATIONS UPDATED: OCTOBER 2006 INTRODUCTION: A visual inspection of all OXY USA WTP LP (OXY) well locations and access roads was conducted during September 2006. The main goal of the inventory was to indentify Garfield County-designated noxious weeds on or near OXY facilities. The results of the inventory will be used to manage the weeds so as to bring OXY into compliance with State and local weed management ordinances. OVERVIEW: The noxious weed problems encountered during the inventory were relatively small in relation to the size of the production area. The majority of the noxious weeds identified were Biennials (2 year life cycle) and can be controlled over several years using spot treatment methods with herbicides which will be identified later in this document. Other nuisance annual and biennial weeds are mentioned in this inventory when they may pose problems such as restricting access inside fenced areas around production equipment or create a fire hazard after plants dry out in late summer. Bare ground treatments are recommended on these sites in the ''NOTES" section of the inventory even though they do not contain designated noxious weeds. ( INTERPRETING THE RESULTS: In the "NOTES" section of the inventory, weed species ( are abbreviated using the following codes: B.T. -Bull thistle (Cirsuim vugare) Biennial H.T. -Houndstonge (Cy noglossum o.fficinale) Biennial C.T.;:::: Canada thistle (Cirsium arvense) Perennial C.M. -Common mullein (Verbascum thapsus) Biennial B.D. =Common burdock (Arctuim minus) Biennial M .T. =Musk thistle (Carduus nutans) Biennial R.T. -Russian thistle (Sa/so/a tragus) Annual USING THE ACCOMPANYING MAP: The number in parentheses next to the well location number in this document corresponds to the number in the orange dot on the large map. Coordinates for these, and any future weed locations will be obtained using a global positioning (OPS) unit and can be found in an attachment to the map. 11512009 c ( (_ .5.Walsh Environm~ntal Scimtists and Engin~rs. LLC TREATMENT RECOMMENDATIONS BIENNIALS Bull thistle: Spray with Tordon 22K herbicide at 1 pints per acre when plant is in the rosette stage of growth. Increase rate to 1 Yi pints per acre when plant has bolted. Musk thistle: Same as Bull thistle. Houndstonge: Spray with Tordon 22K herbicide at 1 Y2 pint per acre in the rosette stage of growth. Common mullein: Spray with Escort or Telar herbicides at 1 pint per acre once prior to bloom. Add a quality surfactant to increase herbicide effectiveness. Alternately, spray with Tordon 22K at 1 pint per acre when plant is in the rosette stage. Common burdock: Spray with Redeem herbicide at 2 quarts per acre in rosette or in early bolt stage of growth. ANNUALS Russian thistle: Spray with 2, 4-D, 4lb. Amine at 2 quarts per acre in early spring. Add a high quality surfactant to increase herbicide effectiveness. Alternately, spray with Roundup at 2 quarts per acre in early spring. Kochia: Same treatment as for Russian thistle. PERENNIALS Canada thistle: Spray with Tordon 22K herbicide at 1 quart per acre when plant is in bud to bloom stage of growth or during fall re-growth. BAREGROUND TREATMENTS: Spray designated areas with a pre-emergent herbicide such as Sahara DG at 10 pounds per acre, plus Roundup at 2 quarts per acre in early spring prior to normal periods of rainfall. Note: On Federal surface locations all spraying activities will be coordinated with the local BLM Office, Noxious Weed Coordinator. Only approved herbicides will be utilized. Updated: October, 2006 WEED INVENTORY LOCATIONS NOTES 612-21-32 Clean 697-16-42 Clean 11512009 a..walsb. Environmental Se icntists and Engineers, LLC 609-2 (1) 609-33 (2) Fed 23 -15 697-15-54 JELCO 22-1 (3) Fed 708-11 620-24-43 620-21 620-43-32 629-31-11 632-21-41 629-23-42 629-2 WEED INVENTORY LOCATIONS 705-22-43 795-05 -36 797-05-52 697-05-01 llS/2009 <50 H.T. plants, R.T . and grasses in Containment Area. Recommended bare ground spray. < 50 H.T. plants, and C.M. plants around equipment and tanks . Scattered patches around edges . Clean Clean H.T . and B.T. along access road< I acre infestation. No noxious weeds but large area infested with Kochia . Spray early in the season. Large C.M. patch on access road to pad. Scattered patches of C.M. heavy vegetation Around water tank. Recommend bare ground spray. Pad has been expanded and most vegetation bas been removed. Clean Clean Clean Clean Clean NOTES Clean Clean Clean Clean c c ( ( c (_ a Walsh Environmental Scientists and Engineers, LLC 610-24-43 610-23-32 604-44 605-1 605-23 605-13-22 605-2 604-1 608-41 608-43-31 609-1 617-41 (5) (6) (7) (8) (9) WEED INVENTORY LOCATIONS 609-14 (10) Roadside N.of Cascade Cr. Facility (4) Cascade Cr. Facility (11) Conn Cr. Facility (12) OXY • NWMP_l.Os.ot_dlbEdil& 11512009 Clean Clean Clean < 10 Bull thistle plants, grass in equipment area. Recommend bare ground spraying. Clean Clean Heavy B.T. and H.T. around perimeter of site. Infestation is <2 acres. < 20 H.T., some vegetation around equipment. Bare ground treatment recommended. Very heavy H.T. on access road cut, light H.T. on pad, 1 M.T. plant and 20 B.T. plants around water tank. Light H.T. on access road< I acre. < 10 H.T on access road some grass and vegetation around equipment. Bare ground treatment recommended. Clean NOTES 2 C.T. plants at well head Heavy H.T., M.T. and B.D. infestation est. 1+ acres. Scattered patches ofH.T., M.T., C.M., and B.D., mostly north of entrance road. Infestation < 1 acre. Small scattered patches ofH.T., B.D., and .:t-Walsb. Environmental Scientists and Engineers, LLC 1/S/2009 C.M. on east side of facility, <2 acres. Scattered patches M.T. on west side approximately 2 acres. ( c (_ c ( ( £Walsh Environmental Scientists and En gineers, LLC Appendix D Garfield County Treatment Methods (Garfield County, 2002) 1/512009 &Walsh Environmental Scientists and Engineers, LLC CANADA THISTLE Description: Perennial. Reproduces from vegetative buds in root system and from seed. Comments: Canada thistle is best managed through an integrated management system that emphasizes competitive, desirable plants. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Maintain soil fertility and moisture at optimum levels to favor grass growth . Mechanical control : Research indicates that mowing of Canada thistle may be effective when done repeatedly at two week intervals over a period of several years. Pulling and digging up Canada thistle is ineffective as the plant has such an extensive root system . CHICORY Description: Simple perennial. Comments: Chicory is well established in western Garfield County (Parachute) and is spreading rapidly in other parts of the County. Biological control: Close grazing by sheep will control the chicory in pastures. Chemical control : Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Re-seed disturbed areas adjacent to chicory infestations with appropriate perennial grasses. Mechanical control : None available. COMMON BURDOCK Description: Comments: Biennial. Prolific seed producer. Burs may become entangled in the hair of livestock, wildlife, or pets allowing seed to be distributed to new areas. Biological control: None currently available. 11512009 c c (_ ( c (_ .5.Walsh Environmc:nlal Scienti sts and Engineers, LLC Chemical control: Cultural control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Minimize soil disturbances, encourage desirable plant growth. Mechanical control: Top growth removal through mowing or cutting is effective as is pulling or digging out the plant at flowering or early seed formation. DALMATIAN TOADFLAX Description: Aggressive perennial, escaped ornamental. Comments: Widespread in Glenwood Springs. Biological control: The defoliating moth, Calophasia lunula, bas been released on Dalmatian and yellow toadflax . It may defoliate up to 20% of the plant's leaves Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Re-seed disturbed areas adjacent to toadflax infestations with appropriate perennial grasses . Mechanical control: Repeated mowing 2-3 times per year will slow spread and reduce seed production. Education: The key to Dalmatian toadflax management is to create awareness among homeowners, nurseries, landscapers, and landscape architects that Dalmatian toadflax is a noxious weed and therefore should not be specified in plantings, sold in nurseries or planted in home gardens or large-scale landscape projects. DIFFUSE KNAPWEED Description: Biennial, reproduces by seed. Comments: Increasingly common in Garfield County. The largest infestation is at the Glenwood Springs Airport. Biological control: Two seed head flies , Urophora afjinis and U. quadrifasciata, are available. Chemical control : They reduce seed production. A root-boring moth, Agape/a zoegana, causes considerable damage to roots . Contact Garfield County Vegetation Management or a licensed applicator. J/S/2009 AWalsh Environmental Scientists and Engineers, LL C Cultural control : for specific recommendations . Reseeding of disturbed sites with fast growing grasses helps prevent diffuse knapweed establishment. Mechanical control: Handpulling has been effective if done persistently over time. HOARY CRESS Description: A very competitive, deep-rooted perennial that reproduces by root segments and by seed. Comments: Common in Garfield County . Biological control: None currently available. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations . Cultural control: Mowing or cultivation effectiveness will be increased if other plants like perennial native grasses or alfalfa are seeded in the hoary cress stand as competitors. Maintain range and pasture in good condition. Promote healthy grass growth through proper irrigation and fertilization. Do not overgraze. Mechanical control: Removal of top growth is somewhat effective . Repeated treatments may. reduce seed production and spread. HOUNDSTONGUE Description: Biennial. Prolific seed producer. Seed outlets break apart at maturity and cling to clothing or animals. Comments: Widespread throughout Garfield County. Biological control: None currently available. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Re-seed disturbed sites with fast growing native grasses. Maintain range and pasture in good condition. Promote healthy grass growth through proper irrigation and fertilization. Do not overgraze. 1/512009 c c c ( c c .:il:.Walsh Env ironmental Scienl is ts and Engineers, LLC Mechanical control: Houndstongue is a prolific seed producer, and the seeds are readily spread by their ability to stick to wildlife and domestic animals. Physical removal of the plant at flowering or in early seed formation, by pulling or digging, will break the cycle of the plant. LEAFY SPURGE Description: Comments: A perennial up to three feet tall that reproduces by vigorous root stalks and seed . Leafy spurge is primarily found in Wallace Creek in western Garfield County. An extremely difficulMo-control perennial weed that will require re-treatments to achieve adequate control. Development of a management plan is helpful to manage large areas of leafy spurge. Biological control: Sheep or goats will graze leafy spurge. If livestock graze leafy spurge after seed formation, hold animals in a corral for at least seven days before moving them to an uninfested area to avoid seed spread. Several flea beetles (Apthona spp.) are available from the Colorado Department of Agriculture Insectary in Palisade . These insects are available upon request at no charge to the public. The larvae bore into leafy spurge roots and the adults feed on the leaves. Also available from the lnsectary are Oberea erythrocepha/a, a stem and root crown mining long-horned beetle, and Spurgia esulae, a shoot tip gall midge. Chemical control: Cultural control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Any activity that encourages vigorous grass growth is very important. Overgrazing stresses grasses and makes them less competitive to leafy spurge. Mechanical control: Mowing leafy spurge at 14 to 21 day intervals may cause higher susceptibility to fall applied herbicides. MUSKTIDSTLE Description: Comments: Musk thistle is a biennial and the key to its successful management is to prevent seed formation. Scattered throughout the County, heaviest in the Crystal River Valley. Biological control: The musk thistle seed bead weevil, Rhinocy llus conicus, is wide-spread in Colorado. Larvae of this insect destroy developing seeds but are not 100 11512009 .:...walsb. Environmental Scientists and Engineers, LLC percent effective by themselves. The weevil nonnally impacts seed ( production by about 50 percent. Herbicides can be combined with weevils Chemical control : Cultural control : if the insects are allowed to complete their life cycles. Another weevil, Trichosirocalus eats the crown area of musk thistle rosettes and ant before it bolts. This weevil bas reduced stand density in areas where it has become well established. A leaf feeding beetle, Cassidia rubiiginosa, causes considerable damage by skeletonizing leaves. It is recommended to release more than one type of insect on a weed since each type may work on different parts of the plant. Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Musk thistle, like other biennial thistles, thrives on disturbance. The best management is to minimize disturbance. If it does occur be certain to revegetate with competitive perennial grasses. Mechanical control: The most effective type of mechanical control is to hand pull this plant prior to flowering. This can be unrealistic on large acreage or when the ground is very dry. Another option is to use a shovel to cut the root below the surface of the soil more than necessary. If it has already flowered the plant should be removed and placed in a bag and disposed of. Mowing is not effective on this species unless repeated numerous times throughout ( the growing season since musk thistle will flower and produce seed even after on or two mowings. OXEYEDAISY Description: A rhizomatous perennial, escaped ornamental. Comments: A rapidly spreading weed in Garfield County. Biological control : None currently available. Chemical control : Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: None available. Mechanical control : No information available. Education: The key to oxeye daisy management is to create an awareness among homeowners, nurseries, landscapers, and landscape architects that oxeye is a noxious weed and therefore should not be specified in plantings, sold in nurseries or planted in home gardens or large-scale landscape projects. l/S/2009 ( ( c ( .&.Walsh Environmental Scie ntists and Engineers, LLC PLUMELESS TIDSTLE Description: A biennial, prolific seed producer. Comments: Common in southern Garfield County, rapidly spreading south of Battlement Mesa. Biological control: The same seed head weevil, Rhinocy/lus conicus, that attacks musk thistle also fe eds on plumeless thistle seeds. Another musk thistle weevil, Trichosiroca/us ho1-ridus, has been released on plumeless thistle m Garfield County. This weevil appears to be ineffective on plumeless. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Plumeless thistle, like other bi ennial thistles, thri ve s on disturbance. The best management is to minimize disturbance and revegetate with competit ive perennial species Mechanical control: Mowing is generally not effective on plumeless due to the plant's capacity for rapid re-growth. Hand cutting is not effective unless there are repeated follow-up treatments. Hand cutting should only be conducted if there is a commitment to follow-up efforts. Plumeless tends to branch out where it is cut and then re-flowers. Pulling plumeless can be very effective, especially if done after a light rain. Hand pulling, with a good set of gloves, is preferable to shoveling. Shoveling disturbs the ground , thus creating a potential seedbed for future infestations. PURPLE LOOSESTRIFE Description: An introduced perennial. This escaped ornamental is also a prolific seed producer, able to produce over 10,000 seeds per square yard. Comments: The US Fish and Wildlife Service and the Colorado Division of Wildlife are extremely alarmed about the proliferation of purple loosestrife in wetland and riparian habitats . Biological control: Biological control may eventually bring weed populations under control, but it will not eliminate or prevent the spread of noxious weeds. A survey of loosestrife populations in Europe bas resulted in the selection of five insects which may have potential as biocontrols. Three of these species have completed initial screening tests conducted by the International Institute of Biological Control, in Switzerland and one, Hylobius \/S/2009 £Walsh Environmental Scientists and Engineers, LLC transverovittatus, a root mining weevil which attacks the vascular tissue of ( the plant, was subsequently released in New York in 1991. Chemical control: Contact Garfied County Vegetation Management or a licensed applicator for specific recommendations . Cultural control: Not available. Mechanical control: Mechanical methods include band pulling, mowing, and flooding. Hand pulling is effective when infestations are detected early. The root system must be completely removed, since the root sections can sprout and form new plants. For this reason hand pulling is only effective on small plants. Education: The key to purple loosestrife management and other escaped ornamentals is to create an awareness among homeowners, nurseries, landscapers, and landscape architects that purple loosestrife is a noxious weed and therefore should not be specified in plantings, sold in nurseries or planted in home gardens or large-scale landscape projects. RUSSIAN KNAPWEED Description: Comments: A perennial with an extensive underground root system. This weed is very common in Garfield County. Like other creeping perennials, the key to Russian knapweed control is to stress the weed and cause it to expend nutrient stores in its root system. An integrated management plan should be developed that places continual stress on the weed. Currently, the best management plan includes cultural control combined with mechanical and/or chemical control techniques. A single control strategy, such as mowing or herbicide application, usually is not sufficient. The plant is toxic to horses; however they must consume it over a period of time before poisoning will occur. Once poisoning occurs horses are unable to chew and advance food to the back oftl1eir mouths, swallowing is impaired and horses calf drink only if they immerse their head in water far enough to get water to the back of their mouths. Poisoning is irreversible and death by starvation will occur. Biological control: None currently available. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Russian knapweed tends to form monocultures by eliminating other plants. Therefore, sowing desirable plant species is necessary after the weed is controlled. Research indicates that the native grasses, streambank wheatgrass and thickspike wbeatgrass, will establish in an area after 11512009 c (_ c c ( --walsh EnviroMlCnlal Scientists and Engineers, LLC RUSSIAN OLIVE Russian knapweed is suppressed with herbicides. If the Russian knapweed stand is not too old and grasses are still present, stimulating grass growth by irrigation (where possible) should increase grass competition with knapweed and keep it under continual stress. Mechanical controls: Repeated mowing combined with herbicide applications will gradually stress the plant. Description: A tree that may reach heights from 10 to 25 feet. Comments: Very common along the Colorado River and other drainages in Western Garfield County. Biological control: None available . Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Plant native trees or less aggressive introduced trees . In riparian areas establish native riparian vegetation. Mechanical control: Small trees may be controlled mechanically by using an appropriate tool or shovel. SALT CEDAR Description: Shrub or small tree. Comments: Widespread throughout Garfield County. Biological control: There are experimental projects being conducted in a few areas in the West involving the release of mealybugs and leafbeetles. These are not cleared for general release. The recent listing of the Southwestern Willow Flycatcher (a native species that nests in saltcedar) under the Endangered Species Act has challenged efforts to move forward with release of insects for biocontrol. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations . Cultural control: Establish native riparian vegetation . 11512009 a.Walsh Environmental Scic:ntislS and Engineers, LLC Mechanical control: Historical saltcedar management projects have included root plowing and ( raking, dozing, mowing, and prescribed burning. These methods provide only short-term benefits and are tabor intensive. SCOTCH THISTLE Description: A biennial. Comments: Common in Garfield County, the worst infestations are located between Glenwood Springs and New Castle. Biological control : None currently available. Chemical control : Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Reseed disturbed sites with appropriate perennial grasses. Mechanical control: Digging the plant at the rosette stage is effective. SPOTTED KNAPWEED Description: A short-lived, non-creeping perennial that reproduces from seed and forms a new shoot each year from a taproot. Comments: One of the most invasive, aggressive weeds to plague the western United States. Small infestation located in the Battlements. Biological control: The seedbead flies, Urophora affinis and Urophora quadrifasciata, have been released in many Front Range counties. These insects cause plants to produce fewer viable seeds and abort terminal or lateral flowers . Root feeding insects may have more of a detrimental effect on knapweed populations than seed feeding insects. Larvae of the yellow winged knapweed moth feed in the roots of both knapweed species. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: If desirable grass competition is evident in spotted knapweed stands, judicious herbicide application that does not injure grasses may release them to compete effectively with the weeds. Irrigation may help stimulate grass competition in these cases. Seeding suitable perennial grasses is necessary to prevent weed re-invasion. Mechanical control: None available. 115/2009 c c ( ( (_ .&Walsh Environmental Scientists and Engineers , LLC YELLOW STARTHISTLE .. Description: Annual, prolific seed producer. Comments: In California alone, this plant has infested more than 20 million acres. There are no known infestations in Garfield County; however there have been reports in the past of single-plant infestations. Biological control : A seed-feeding beetle, Bangasterus orientalis, has been released in California and Idaho. Seed weevils and seed flies have also been released. In Garfield County, we hope to detect and eradicate any infestations of starthistle before biocontrols are necessary. Chemical control: Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Vigorous competitive grass is essential to maintain a plant community's resistance to starthistle invasion. Mechanical control: Mowing or cutting starthistle is rarely effective. YELLOW TOADFLAX Description: An escaped ornamental perennial reproducing by seed and rootstalk. Comment: Prevalent in the Flattops. Biological control: One insect species Calophasia lunula a defoliating moth has been released on yellow toadflax. It may defoliate up to 20 percent of the leaves. Chemical control : Contact Garfield County Vegetation Management or a licensed applicator for specific recommendations. Cultural control: Attempt to maintain competitive communities of desirable species. Re- seed any open ground with perennial grasses to prevent invasion by other weed species . Education: The key to management of yellow toadflax and other escaped ornamentals is to create awareness among homeowners, nurseries, landscapers, and landscape architects that yellow toadflax is a noxious weed and therefore should not be used in plantings, sold in nurseries or planted in home gardens or large-scale landscape projects. Mechanical control : Digging and pulling, where feasible, can provide effective control of Toadflax if continued annually for I 0-15 years. 11512009 a Walsh Environmenlal Scientists and Enginc:c:rs, LLC • Appendix E Pesticide Use Proposal (PUP) (BLM, 2007) l/S/2009 c c ( ( c (_ a Walsh Environmental Scientists and Engineers, LLC Colorado BLM Pesticide Use Proposal Form and Instructions PROPOSAL NUMBER: EA NUMBER(S): OPERATOR: FJ:ELD OFFICE: COUNTY: DATE: LOCATION : DURATION OF PROPOSAL: I. PESTICIDE APPLICATION (including mixtures and surfactants): TRADE NAME(s): COMMON NAME(s): EPA REGISTRATION NUMBER(s): MANUFACTURER ( s) : FORMULATION: Liquid\ __ \ Granular \.~~~\ METHOD OF APPLICATION: MAXIMUM RATE OF APPLICATION: USE UNIT ON LABEL: POUNDS ACTIVE INGREDIENT/ACRE: INTENDED RATE OF APPLICATION: APPLICATION DATE(S): NUMBER OF APPLICATIONS(indicate total per year): II. PEST (List specific pest(s) and reaeon(s) for application): III. MAJOR DESIRED PLANT SPECIES PRESENT {Describe native vegetation): Instructions for BLM Pesticide Use Proposal Submissions A BLM pesticide use proposal (PUP) package contains a copy of the site specific environmental assessment (EA) where each proposal was assessed, copies of labels of any chemicals and surfactants proposed for use, Material Safety Data Sheets (MSDS) for any chemicals and surfactants proposed for use, and a properly and completely filled out proposal including any specific attachments. l fS/2009 a Walsh Environmental Scientists and Engineers, LLC The BLM PUP is a Departmental fonn and its purpose is to enable the bureaus or agencies in the Department of the ( Interior to pass specific infonuation about pesticide use on lands administered in those bureaus or agencies back to the Department. The fonn is designed to provide the Department with precise infonnation on pests, chemicals, rates of application, locations of appl ication, and how sensitive situations are handled . It is also designed to provide the site specific infonnation about chemical use on BLM lands, and is required as a Condition of Approval on our Chemical EIS efforts. One proposal is not designed to cover all the general weed problems in one Resource Area or District. A proposal that provides site specific infonnation is more likely to meet Department, Bureau, and State Office standards for pesticide use than a proposal that generalizes weed situations and potential pesticide use. Instructions on how to fill out each section of the proposal are included below. The examples in this information concerning specific labels and products are current in January 1994, but labels do change on a regular basis. Proposal Number The proposal number is one used to track each proposal. Typically, each office keeps a log. The BLM Energy Office Ecologist will assign a unique number based on year, state, office code, and the number of proposals issued in that office each year. This number needs to be written on both pages of the proposal. The State Pesticide Coordinator will not approve a proposal without a current proposal number. Reference Number This is the EA number(s) of which this pesticide application specifically refers to. This number needs to be written on both pages of the proposal. The State Pesticide Coordinator will not approve a proposal without an EA number listed In this section of the proposal. The Colorado Record of Decision for the Vegetation Treatment on BLM Lands in Thirteen Western States requires site specific analysis for all pesticide use . The BLM Energy Office Ecologist will fill in this section . Operator Name of the oil and gas operator for whom the pesticide application is to be conducted. Field Office Refers to the BLM field office that will process the PUP before sending to on to the State Office. Location Refers to the Specific site (township, range, section, and portion of a section) where this application will take place. More than one site is possible per PUP if the same chemical in the same amount is to be sprayed at each site. If several sites will be covered with one PUP, list the exact locations and the estimated acreage of each site to be sprayed on a separate page . Label the page with the proposal number and the reference number and attach the sheet to the PUP. In oil and gas fields, rather than listing the location of each pad, provide a location of the field and include a map. Estimate the number of acres to be sprayed in each field. Maps of the location(s) of each application are not necessary in other proposal submissions; however, they do provide a good framework for impact analysis, especially cumulative impact analysis across space. Duration of Proposal The State Pesticide Coordinator will approve proposals for up to three years. If more than one year's approval is desired, state the years in which the herbic ide will be reapplied. I. Pesticide Application (include mixtures and surfactants) Mixtures of herbicides c an be approved if at least one of the labe ls slates that mixture is compatible and if the mixture, or one of the chemicals in the mixture, is labeled lo control the specific pest listed on the proposal. Trade Name(s) The trade name is the same as the brand name and is listed on the herbicide label. For example, the trade name of the most commonly used tebuthiuron for sagebrush control is Spike 20P. "Spike" alone is not the trade name. Oow/Elanco also makes Spike 80W, Spike 5G, Spike JG, Spike 40P, and Spike Brush Pellets. Provide the infonnation for any surfactants requested as well as for any chemicals. Common Name(s) 11512009 c ( ( c (_ .5.Walsh Environmental Scientists and Engineers, LLC The front page of every label has a section that states what the active ingredient in the herbicide is. On the Spike 20P label, tebuthiuron is the common name . It is followed by the chemical name N-[5-(1,l-dimethylethly)-1,3,4- thiadiazol-2-yl]-N,N'-dimethylurea. It is not necessary to put the chemical name on a PUP. The Banvel label lists its active ingredient as "dimethylamine salt of dicamba." EPA Registration Number All herbicides are registered with the Environmental Protection Agency (EPA). The registration number is one of the best ways a specific product can be identified. All herbicide labels have an EPA registration number. It is typically listed on the front page of a label. As with most other information on herbicide labels, EPA registration numbers can change. If you are not using the most currently available herbicide supply, include both the new number and state with the old number that you are using previously registered herbicide material, and include both the old and the most recent labels in your proposal package. Manufacturer(s) The manufacturer is the company which produces the herbicide . The manufacturer's name is always listed on the front page of a herbicide label. Formulation The type of formulation is listed on the label. Emulisifiable concentrates, solutions, flowables, aerosols, invert emulsions, and fumigants are considered "liquid" formulations. "Dry" formulations include dusts, baits, granules, pellets, wettable powders, soluble powders, microencapsulation, and water-dispersible granules. Method of Application There are numerous types of application equipment, including hand sprayers, small motorized sprayers, generators, foggers, fumigators, dusters, wiper applicators, etc. If you will be using a sprayer attached to a type of aircraft, please state you will be using aircraft. Certain herbicides sprayed by aircraft require Washington Office approval because of the increased potential drift problems. For more information on applicators, see Applying Pesticides Correctly, A Guide for Private and Commercial Applicators. Maximum Rate of Application The maximum rate of application refers to the maximum amount of herbicide in measurable amounts (use unit on label) and inactive ingredients that a label states can be used for specific target weed species listed as the pest on the proposal. The maximum amount of active ingredient is a ratio calculation. When calculating the rates of application, do not round numbers up. Rounding up may result in stating a number on your proposal that exceeds the label or BLM maximum. Use Unit on Label Typically, labels have several different species lists with different rates of application. For example, if a proposal states you will be using "Escort" to control common mullein, the maximum rate of application is 1/2 ounce per acre. The "Escort" label also states that 4 ounces of product may be used to control Kudzu. But this information is irrelevant for this proposal, since the target species is common mullein. Another example: if the target species on a proposal to use "Banvel" is bull thistle, the maximum rate of application use unit on label on pasture, rangeland, and non-cropland areas is 3 pints. Bull thistle is on the list of biennials that "Banvel" will control. The maximum amount of product that may be used for biennials on the label is 3 pints for those that are bolting. Pounds (or Ounces) of Active Ingredient Per Acre Active ingredient is typically listed in pounds per acre . There is a trend in the chemical companies to manufacture chemicals which require introducing as little chemical as possible into the environment, because of public concern over chemical use. There arc many chemicals now that have rates of application in ounces. If the active ingredient is listed in ounces, it is not necessary to convert that number back to pounds. In the Active and Inert Ingredients section on a label of a liquid formulation of an herbicide there is a statement about how many pounds per gallon of active ingredient may be found in the herbicide . For example, the "Banvel" label states that this product contains 4 pounds per gallon of active ingredient. If the target species on the proposal to use "Banvel" is bull thistle, and the maximum rate of application use unit is 3 pints, the maximum amount of active ingredient per acre is the amount of active ingredient contained in 3 pints of Banvel. (E.g., 4 pounds of active ingredient in a gallon is equivalent to 1 1/S/2009 &Walsh Environmental Scientists and Eng ineers, LLC pound in a quart and 0.5 pound in a pint.) Therefore, the maximum rate of application pounds of active ingredient C per acre is 1.5 pounds for control of bull thistle . Labels of dry formulations of herbicides do not always include a statement about how many pounds of active ingredient per pound is found in the herbicide. The "Spike 20P" label does state that the product contains 0.2 pounds of active ingredient per pound, but the "Escort" label simply states that by weight, the active ingredient makes up 60% of the product If you propose to use 0.5 ounce per acre, as the "Escort" label states is the maximum for control of common mullein, the maximum amount of active ingredient that may be applied per acre is 0.3 ounce (0.5 x 60% ~ 0.3). Intended Rate of Application Herbicide labels state a range of amounts including the maximum amount of material that may be applied. Often, depending on soil type, organic matter, amount of soil moisture, air temperature, and humidity at the time of application, etc., it is more cost-effective and environmentally sound to use less than that maximum amount of herbicide to control the pest. In this section, state the amount of herbicide you actually apply per acre. End of the Year reports re quire reporting the amount of active ingredient that has bu n applied per acre. You may also want to do that ratio calculation here, to simplify tire reporting process later. Application Dates The dates do not have to be specific . Can be a range of months when herbicide will be applied. Number of Applications List specific number of times herbicide will be applied in a year. Be sure not to exceed maximum rate of application. II. Pest (List specific target pest(s) and reason for application.) When deciding which herbicide to use it is critical to identify the target pest(s) so that the most useful and cost- effectivc application may be chosen. If target pest(s) are not identified, the proposal will not be approved by c the state pesticide coordinator. Herbicides arc rigorously tested and their labels list a number of species that the product is known to control. If the specific target pest(s) arc not listed on the label, attach documentation from a recent scientific source stating that the product proposed is known to control the specific target species . For example, if you desire to control the target species of showy milkweed with Banvel , you will note that the Banvcl label lists several milkweeds, but not showy milkweed. The 1993-94 Montana, Utah, Wyoming Weed Control Handbook does list dicamba or Banvel with four pounds of active ingredient per gallon as a known treatment for showy milkweed. Documentadon must be attached for species not listed on lhe label, for approval of the proposal by the State Pesticide Coordinator. Documentation must also be supplied for mixtures, If the mixture is not listed on the label as one that controls the specific target pest(s). The Western Society of Weed Science has published a book called Weeds of the West by Tom D. Whitson, Larry C. Burrill, Steven A. Dewey, David W. Cudney, B.E . Nelson, Richard D. Lee and Robert Parker which lists standardized common plant names. Chemical companies are also using the standardized names more often now when printing labels. Use the standardized common names of plant pest species m: their scientific names in this section of the PUP. List the specific reason for this pesticide application. III. Major Desired Plant Species Present List the species which define the natural plant community at the site where the chemical is to be applied. Specific species do not need to be listed. Just mention the dominant life forms that are present such as native shrubs, grasses, forbs, etc. If the natural plant community is not what the site is being managed for, also list the key management species, or state that you are managing for bare ground. IV. Treatment Site Describe the land uses in the treatment area, the stage of growth of the target pest species, the slope and soil type and other factors that relate to specific information found on the chemical label. Estimated Acres OXY ·1'1WMP.l.Olo09,4lbU.u 115/2009 ( ( c (_ ..5&.Walsb. Environmental Scicntisrs and Engineers, LLC Estimate the number of acres to be treated chemically at each specific site. (This will be included on an attached sheet when one PUP covers more than one site.) The size of the acreage to be treated determines who the final authorizing official will be. Estimate on the high end so treated acres are not exceeded over the course of three years. This section of the PUP must be completed for approval by the State Pesticide Coordinator. V. Sensitive Aspects and Precautions Describe any sensitive areas, including wetlands and riparian areas, endangered, threatened, candidate and sensitive species habitat, and distance to the treatment site. List measures to be taken to avoid impact to any sensitive areas. (Contact the BLM Glenwood Springs Energy Office Ecologist to determine presence of special status species.) VI. Nontarget Vegetation Since chemicals are not selective at a species level, there will be some loss of species that are considered desirable. Describe the associated and cumulative impacts and mitigations associated with the loss of non target vegetation on the site where this chemical application is occurring. VII. Integrated Pest Management The ROD and the Vegetation Treatment on BLM Lands in 13 Western States says that we want to take an integrated vegetation management approach. The techniques proposed for use in an integrated management program include: Preventive actions, biological control, mechanical control such as prescribed burning, cultural control, such as changing grazing time, numbers, or type of grazing animal, manual practices, such as hand pulling or mowing, chemical control, and restoration practices. Vegetation management priorities (page 2 ROD): preventive, nonchemical, combination of preventative, nonchemical and chemical, then sole chemical use in that order. Because of these priorities, please document what is being done besides this chemical application to manage undesirable species in the project area. Originator's Signature, Company Name, Telephone Number Person who is initiating the PUP, name of the company they work for and telephone number where that person can be reached. Certified Pesticide Applicators Signature and Applicator License Number This is the signature of the person who will oversee the pesticide application on the ground. This person must have a current state certification and list the applicator license number here. The State Office Pesticide Coordinator will not approve a proposal if the Certified Applicators signature is missing or If it Is signed by someone whose certification has expired. Resource Area Coordinator Signature This will be signed by the BLM Energy Office Ecologist. BLM Manager's Signature The Glenwood Springs Field Office Manager must sign this proposal . The State Pesticide Coordinator will not approve any proposal that does not have a manager's signature. Colorado State PUP Coordinator's Signature This is the person in the CO State Office given responsibility to authorize and sign PUP's. Acting DSD of Lands and Renewable Resources Signature The Deputy State Director of Lands and Renewable Resources located in the CO State Office must sign and approve the PUP. (BLM, 2007) 11512009 ~walsh Environmental Sci~nti sts and Engi ne ers, LLC c Appendix F Noxious Weed Survey Form c ( OXY • l'WMP_l.lls-ot_dll>U.11 11512009 ( "ti c! 11> 0 ...... c ( en c < (D '< 0 !!!. !I! Cl'l c < ~ ..... :z Ill 3 ..!t en -:-:' .a.Walsh Env ironmental Scientists and Engin eers, LLC Appendix G Noxious Weed Surveys and Inventory Table 1/S/2009 c c ( ( c ( ~walsh En vironmental Scientists and Engineers, LLC OXY USA WTP LP NOXIOUS WEED INVENTORY The Valley, Mesa, and Logan Wash areas UPDATED: July 2008 Summary: Field surveys for noxious weed infestations were conducted on July 8 and July 11, 2008 by Walsh scientists. Noxious weed infestations were found in the Valley, Mesa, and Logan Wash areas (Figures 2, 3, and 4, respectively). However, noxious weed infestations were relatively low in proportion to the amount of disturbance caused by the oil and gas development in all three areas . Methodology: A visual inspection of all OXY USA WTP LP (OXY) well locations and access roads was conducted in July of 2008. The main goal of the inventory was to indentify Garfield County designated noxious weeds on or near OXY facilities. The results of the inventory will be used to manage the weeds so as to bring OXY into compliance with State and local weed management ordinances. Results: The following results came from July 2008 field surveys. Overall results are below with detailed survey data found in Table 1. • The Valley contained the fewest infestations, with Canada Thistle and Houndstonge found on 6 points (see Figure 2) with low to moderate (5-25%) cover in both the bud and flowering stage. 5 of the 6 infestations were found on the roadside along Conn Creek and the sixth infestation was found a few hundred feet to the east upslope on a west-facing slope (see Table 1 ). The heaviest infestation was at point 070808-004 and 005 . These points contained two bunches of Canada thistle, approximately ten by fifteen feet in size, next to the road on a hill west of pad 620-33, and they also contained Houndstongue on the same hillside. • Houndstonge, Bull Thistle and Musk Thistle were found on the Mesa (see Figure 3) at five locations (070808-007 to 011), with occurrences ranging from low (four of five occurrences) to high. Houndstonge had the heaviest infestation (>25% cover) at point 007 along the roadside leading to pad 608-41 and scattered on the pad . Infestations on the Mesa are much more dispersed than those found in the Valley and occurred primarily along roadsides and at wellpads. • In the Logan Wash area (see Figure 4), Houndstonge and Bull Thistle were identified with low cover (<5%), whereas Musk Thistle and Russian Knapweed were at a moderate cover. The heaviest infestation was found at points 071108-008 to 010 on the south side of Logan Wash Road east of the guard station. In this area, Mille thistle and Russian knapweed covered a straight line roughly 30-50 ft. in length at both sides of a culvert and into the wash. 11512009 a Walsh Environmental Scienti sts and Enginee rs, LLC Conclusions: The noxious weed problems encountered during the 2008 inventory were ( relatively small in relation to the size of the production area. Musk Thistle, Houndstonge, Bull Thistle and Canada Thistle infestations were also found during the 2006 surveys (Appendix C). However, few populations were noted in the same areas as were found in the 2008 surveys, indicating that the treatment methods implemented by OXY have reduced the number of existing populations. Additional infestations of previously treated weeds and the emergence of Russian Knapweed, demonstrate the need for biannual monitoring, yearly chemical treatments and reseeding with native plants. OXY • NWMP_l.OS.o9_411>Edi .. 11512009 c ( 0 " I) a Walsh Environmc:ntnl Scicnhsts and Engincc~. LLC 9-to.,._.._,_.,,..., .. --,,,.Hid, .._ .... Cltwd .,.._ -.... --101.-11-l"""-~ E. _ .. __ OOCllD-11 -·11~4. - I __ p--- I t2S '31111111'380722 D-f -.._ 1-.. toiab .,_. 1-..i'"'°""· --... --. .... -.-. 1r .. ._ I tzs n1247 .un111 lo-lllT-c: c t c c-·~---r~· ...__°"'""' = ,_,ft ___ . -~-Cl>W ,.,....,... Ab'G--.... -........... -. ... pod. --· , .. Hicla --- -~-... ,_ -_ ............. pod"1•tW). -,.,._. -.... ---,.....___ '~ ~ ~ ........ -.... ~w.,,,_ ....... _ p--- --dl.oplWeoh.A.-t ~- p_ .... _ IJ1/11.IOI .... _ la..t 1-.i-Joo .. _.._d~W .... R..I. °""-~--... w .... --.,~-sno1no T.,.Haa..-.10... 101 110M01 I 0111•.oe ._~ 1:-1-1111.M 1-.c:io.so-.;;-. _._ ....... ,..._ -1-.... - tCMlllllZS L 7W81.-, tZSn&StJ :161M7 ttOMllO lo7ntAl8 ~-1-.... 1-1111.M 1-1c....-1 ...... -- OXY •NWMl'_l-G,...._.iu.rM 11512009 Si.Walsh. Env ironmental Scientists 11nd Engineers, LLC c Appendix H BLM Seed Mix (BLM, 2007) ( c 1/5/2009 (\ £Walsh Environmental Scicnllsts lll1d Engineers, LLC (\ MENU-BASED SEED MIXES BY HABITAT TYPE FOR USE IN INTERIM AND FINAL RECLAMATION Table 1-1. Low-Elevation Salt-Desert Scrub/Basin Big Sagebrush . /") PLS Common Name Scientific Names Variety Season • Form lbs/acre* - Plant Both of the Following (5% Each, 10% Total) Fourwing Saltbush Atriplex canescens VNS Shrub 1.9 Shadscalc Atriplex confertifolia VNS Shrub 1.5 and Both of the Following (20o/o Each, 40% Total) Alkali Sacaton Sporobolus airoides Salado/VNS Warm Bunch 0.2 Streamban.k Wheatgrass Elymus lanceolatus ssp. psammophilus, Sodar Cool Sod-forming 2.5 A!!roovro11riparium and Three of the Following (50% Total) W cstcril Wheatgrass Pascopyrum [Agropyron] smithii Rosana, Walsh Cool Sod-fonning 3.0 Indian Ricegrass Achnatherum [Oryzopsis} hymenoides Paloma, Rimrock Cool Bunch 2.3 Bottlebrush Squirreltail Elymus elymoides ssp. elymoides, Sitanio11 VNS Cool Bunch 1.7 hystrix Snake River Whcatgrass (prcv. Elymus wawawaiensis (prcv. Pseudoroeg11eria Se car Cool Bunch 2.3 Bluebunch Wheatgrass) spicata) Sandberg Bluegrass Poa sandbergii (Poa secunda) VNS Cool Bunch 0.4 *Based on 45 pure live seeds (PLS) per square foot, drill-seeded. Do11ble this rate (90 PLS per square foot) if broadcast or hydroseeded. (BLM, 2007) a Walsh Environmental Scientists and Engincc~. LLC Table 1·2. Pinyon-Junipcr Woodland and/or Mountain/Wyoming Big Sagebrush Shrubland Common Name . -. Scientific Names -:.-~ .. "j ~ Variety Season Form PLS ) lbs/acre* Plant Both of the Following (15% Each, 30% Total) Indian Riccgrass Achnatherum [Oryzopsis} hymenoides Paloma, Rimrock Cool Bunch 2.8 Bluebuncb Wheatgrass Pseudoroegneria spicata, Agropyron spicatum Sccar, P-7, Cool Bunch 2.8 Anatone, Goldar and Two of the Following (30o/o Total) Thickspike Wheatgrass Elymus lanceo/atus ssp. lanceolatus, Agropyron Critana, Cool Sod-forming 2.5 dasvstachvum Schwendimar Slender Wheatgrass Elymus trachycaulus, Agropyron trachycaulum Revenue, Pryor Cool Bunch 2.5 Western Wheatgrass Pascopyrum [Agropyron] smithii Rosana, Walsh Cool Sod-forming 3.6 and Two of the Following (40% Total) Muttongrass Poa fendleriana VNS Cool Bunch 0.6 Sandberg Bluegrass Poa sandbergii, Poa secunda VNS Cool Bunch 0.6 Bottlebrush Squirreltail Elymus elymoides ssp. elymoides, Si/anion VNS Cool Bunch 2.7 hvstrix *Based on 60 pure live seeds (PLS) per square foot, drill-seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded. (BLM, 2007) n "' f) 0 (\ r) .&Walsh Environmc:nlll\ Scientists and Engineers, LLC Table 1-3. Mixed Mountain Shrubland, Including Oakbrush (elevation) Common Name Scientific Names Variety Season Form PLS I lbs/acre* I Plant Both of the Following (20% Each, 40% Total) Elymus la11ceo/atus ssp. lanceo/atus, Agropyrot1 Critana, Thickspike Wbcatgrass dasystachyum Bannock, Cool Sod-forming 3.4 Schwcndimar Bluebunch Whcatgrass Pseudoroegneria spicata, Agropyron spicatum Secar, P-7, Cool Bunch 3.7 Anatonc, Goldar and One of the Following (20% Total) Bottlebrush Squirreltail Elymus elymoides ssp. brevifolius, S it anion VNS Cool Bunch 2.7 hvstrix Slender Wbeatgrass Elymus trachycaulus, Agropyron trachycaulum San Luis Cool Bunch 3.3 Western Wheatgrass Pascopyrum [Agropyro11] smithii Arriba Cool Sod-forming 4.8 and One of the Following (20% Total) Canby Bluegrass Poa c anbyi, P. s ecunda Can bar Cool Bunch 0.6 Big bluegrass Poaampla Sherman Cool Bunch 0.6 Mutton grass Poa fendleriana VNS Cool Bunch 0.6 and One of the Following (10°/e Total) Letterman Necdlcgrass Achnatherum {Stipa] le1terma11ii VNS Cool Bunch 1.7 Columbia Ncedlcgrass Aclmatherum [Stipa] ne/sonii, Stipa columbiana VNS Cool Bunch 1.7 Green Needlegrass Nasse//a [Stipa] viridula Lo dorm, Cool Bunch 1.4 Cucharas and One of the Following (10% Total) Indian Ricegrass Achnatherum [Oryzopsis] hymenoides Nczpar, Paloma, Cool Bunch 1.9 Rimrock Junegrass Koeleria macrantha, K . cristata VNS (North Cool Bunch 0.1 American ori~in) *Based 011 60 pure live seeds (PLS) per square foot, drill-seeded. Double this rate (120 PLS per sq11are foot) if broadcast or hydroseeded. a.Walsh Environmental Scienlists and Engineers , LLC Table 1-4. Spruce-Fir Forest, Including Mountain Meadows(> 9,000 feet) Common Name Scientific Names Variety Season Form PLS ~ .. lbs/acre* Plant Both of the Following (20% Each, 40% Total) Mountain Brome Bromopsis [Bromus] marginatus Garnet Cool Bunch 5.8 Slender Wheatgrass Elymus trachycaulus, Agropyro11 trachycaulum San Luis Cool Bunch 3.3 and Three of the Following (20% Each, 60% Total) Letterman Ncedlcgrass Achnatherum [Stipa] /ettermanii VNS Cool Bunch 3.5 Blue Wildrye E/ymus glaucus VNS Cool Bunch 4.8 Elymus lanceo/atus ssp. lanceolatus, Agropyron Critana, Thickspikc Whcatgrass Bannock, Cool Sod-forming 3.4 dasystachyum Schwendimar Joseph, Nezpurs, . Winchester Idaho Fescue Festuca idahoensis (collected at Cool Bunch 1.2 4000' in Idaho)?? Wheeler Bluegrass Poa nervosa VNS Cool Sod-forming 0.6 Big bluegrass Poaampla Sherman Cool Bunch 0.6 *Based on 60 pure live seeds (PLS) per square foot, drill-seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded. (BLM, 2007) 0 () f) 0 f) a._walsh Environmental Scientists and Engincm, LLC EXAMPLES OF MENU-BASED SEED MIXES BY HABITAT TYPE FOR USE IN TEMPORARY RECLAMATION (From: BLM, 2007) Table 2-1. Example for Low-Elevation Salt-Desert Scrub/Basin Big Sagebrush, Pinyon-Junipcr, and Mountain/Wyoming Sagebrush " ~. PLS f) Common Name Scientific Names Variety Season Form .. . . . ' lbs/acre* Plant One of the Following Wheat x Tall Wheatgrass Triticum aestivum x Elytrigia elonl!ata Regreen•• Cool Annual 10 Wheat x Cereal Rye Triticum aestivum x Secale cereale QuickGuard** Cool Annual 30 and Both of the Following Streambank Wheatgrass Elymus lanceolatus ssp. psammophilus, Sodar Cool Sod-4.5 A!i!roovron riparium forming Western Whcatgrass Pascopyn1m [Agropyron] smithii Rosana, Walsh Cool Sod-6.3 forming Table 2-2. Example for Mixed Mountain Shrubland/Oakbrush and Spruce-Fir Forest/Mountain Meadow Common Name Scientific Names Variety Season Form P.LS lbs/acre* .. Plant One of the Following Wheat x Tall Whcatgrass Triticum aestivum x Elytrigia e/ongata Re green** Cool Annual IO Wheat x Cereal Rye Triticum aestivum x Seca/e cerea/e QuickGuard** Cool Annual 30 and Both of the Following Mountain Brome Bromopsis [Bromus] marginatus Garnet Cool Bunch 8 Elymus lanceolatus ssp. lanceolatus, Critana, Sod-Thickspike Wheatgrass Agropyron dasystachyum Bannock, Cool fonning 4 Schwcndimar Slender Wheatgrass Elymus trachycau/us, Agropyron trachycau/um San Luis Cool Bunch 4 *Based 011 approximately JPLS per square foot for Regree11, approximately 9 PLS per sqt1arefootfor QuickGuard, a11d approximately 16 PLS per square foot for native peren11ial grasses. Double the indicated amounts if broadcast or hydroseeded. ** Included as examples only. Product information on alternative sterile hybrids must be submitted to BLM prior to use. a.Walsh Environmental Scientists and Engineers, LLC c Appendix I CNAP BMP Recommendations for Mount Callahan c ( c c (_ Colorado Natural Areas Program 1313 Sherman Street, Room 618 • Denver, Colorado 80203 • (303) 866-3203 Noxious Weed Manage,,,.ent Recom1nendations Mount Callahan Ridge Prepared by: Colora~o Nat11ral Areas Program ,,.;f ~:-•. · . ,cf~'~ • 1fJ. J~ .. These Noxious We~d Management Recommendations for th~Mount 'Gj l}ahan Ridge (MCR) area are intended to complement the Noxious Weed M~1g~_ritent Plan c't-~~1.ted for Occidental Oil and Gas Corporation by Walsh El~vironmental ~2i ~ntists"and Engineet~~~e implementation of these recommendations would!IilCely reduce the threat of noxious, weeds to ;:!""1r e. ·• , \a JV. the rare plant species and intact plant communities'that-are kn~wn to occur on iliefMCR, and would help maintain the natural values of this area th~t~ Q.cfen :ecognized for1h s' statewide significance. · ·~~;.. -'if1-t.. ~.z.:-. .. . ~! 11':~.. ,.;: .... ~ .. rv: .. 1:i.~·t-~ ! '-k'.}_ .. . ':.t~·-~··t-. \)~,, \1 ..... e-u·i u ;· Noxious Weed Inventory/Survey ·'!>~ "'t.~~'i:i~ J,ID-.1 '.. ·&~ ie; l ... ~ "ft ... ... 7(lil,i 'root 1) Gather known inform~on1 regarding the ia caifon of p an~ species of concern (Pe11stemo11 debi/is, Mentzelia r.'1.Izo m'"afa•/J'halictrum he[iophilum) By consulting Oxy rare plant mapping, ColorC!_d§ Natural He~tage Progran\ database, CNAP GIS layers, etc. • ~formatio? abgut'tJLe locatl~~of plant s~!9i~s of concern is essential w~~n . 1mplementmg noxtb:Js . w~d·trelitments .to•assure that weed treatments m1mm1ze the • t"J lt' .. t..... ·"ti if • • ~·i· ·' 1m_~~t .011we§.~ ~ens1 ve1 ~ec1es. -• _.., ,,.... ~EJ.. ,, ~ ~~ -~~ -~ 2) Plah~d conduct fi e ld surveys 'tor:-r .. ~) ·"ftant species of c~h~em : If pqt~tial project areas are identified, conduct field bo tafilcaJ surveys fo r i>!ant species of concern to assure that appropriate set-backs are enact ~(see Best Maq.agement Practices) and to assure up-to-date sens itive species locations'lfh~t-~ay ~form noxious weed management. These surveys should be conducted atl.;ti~e when the species of concern can be detected and identified. b) Noxious weeds ~Field inventories and mapping of noxious weed species should be conducted at least twice per field season to assure complete species lists, and should aim to meet the following objectives: i) To provide comprehensive mapping of noxious weed species on the MCR. ii) To focus attention on potential project areas where noxious weed infestations are more likely . STATE OF COLORADO • COLORADO STATE PARKS BUI Ritter, Governor• Harrison Shennan, Executive Director , Departme nt of Natural Resources • Dean Winstanley, Director. Colorado Slate Parks• Colorado Natural Areas Councn: Kathy Yates, Chair• Dr. Lee Shropshire, Vice-Cha ir • Mike Bl oom, Board of Land Commission ers· Denn Es Buechler , Wildlife Commission • Dr. Tom Ready, State Parks Board •Renee Rondeau , Membe r Jill Ozarskl, Member Colorado Natural Areas Program 1313 Sherman Street, Room 618 •Denver, Colorado 80203 • (303) 866·3203 3) It i s recommended to perform an initial, comprehensive weed mapping of the entire MCR area in 2008 to serve as a baseline for future weed management. This baseline weed mapping may be done in accordance with the attached 'MOCA_Step·by- Step_ Weed _Management_ Guide_ 20080505.doc', following the 'Weed Inventory' Section. The MCR area should undergo a complete re-inve ntory once every 4 years. /~· 4) Once the 2008 baseline is complete, annual inventories and su_r,Yeys 'S hould be focus ed on potential project areas and monitoring of weed treatment a~e~~'i(see Noxious Weed Monitoring .# r ' . .\i~~" • ,/-1 '\i~~~6i ~ .. ~ "! [ , i:L.1. 'Cl t( .. s ,•p _, \/~~ P • t I I t t" R d ti · ,/' '"·i·V\>. ro1ec mp emen a ion ecommen a ons ·.,.~or. ..... The following recommendations are intended t rrnat1mize noi ious weed prevention in the Mount Callahan Ridge area. '~ :~~=~? -" · ... ~!:: 1) It is recommended that vehicles and,o1ber equipment th at.Will be used in the MCR area be power-washed to remove mud and d~i:ifirf!from tires and th~ehicle's undercarriage before .. '4 1t'l"I •r.J" use on site to reduce the spread of noxiQuS weefts/rom other ~eas . ""' .1l 'fl.,r: ~"I' .,. \\ A"'{.• • li~~i'"l 2) Areas with known noxiou ~eed infestations' should be av oided by vehicles and personnel until the weeds h·a®ve B~~ii era~u.cated to avoid further infestations. ( ... "".. ;J -': ·~. h~ 'U 3) Restrict motori~ed ~'{;l, to d;-ipated roads ~'(;l ,,.trails . Routes should be designated and marked prior to implem~p. tl!.tioii'~;.L~m .1'!> _ ,1-"" ..r /I~.,·. ., "'ilf". ~r;J::! 'l.~·i!I· . E!. -" ·I'• -r~~l-. '• "11.h, ·it:l~ ,.,. rr.f'. :::nan·. 'I-!~. 4) Mini_!Pize distumance..to soil ~~ ,!lative vegetation as much as possible. ~l--tr.'~ ""'l\ J ,,.,, •!;'1~ "'rt»1° ~ 5) :mi~i~ze the disturbeef~~a of p{oaucing well locations through interim and final rectatJ~ti on . Reclaim weJ t rpads following drilling to the smallest area possible. V'S•!:'. • 1-a lf ~·c1 •O 6) Stockpile tops~iJ( for us~:H~ final reclamation. Topsoil should be stored separately from other fill materifil§°'\ ;.)j<ft' C.•"' ... ;, 7) Close and rehabilitate roads quickly once they are no longer needed. 8) Prepare a reclamation plan prior to ground-disturbing activities. Implement the following guidelines for revegetation in sensitive areas: ( c STATE OF COLORADO• COLORADO STATE PARKS Bill Riller, Governor • Harrison Sherman, Executive Director, Department of Natural Resources • (_ Dean Winstanley, Director, Colorado State Parks• Colorado Natural Areas Council: Kathy Yates, Chair• Dr Lee Shropshire, Vice-Chair• Mike Bloom, Board of Land Commissioners • Dennis Buechler. Wildlife Commission • Dr. Tom Ready , State Parks Board• Renee Rondeau . Member Jill Ozarski, Member ( c ( p ...a .... ~ ..... ,,,,, .. ....-._. Colorado State Parks Colorado Natural Areas Program 1313 Sherman Street, Room 618 •Denver, Colorado 80203 • (303) 866-3203 a) When timely natural regeneration of the native plant community is not likely to occur, carefully select and use native species that will not compete with or exclude botanical resources for revegetation efforts. Nonnative invasive plant species should not be used under any circumstances. b) Ensure that seed used for revegetation is certified free of noxious weeds. c) Use only certified weed-free mulch and hay in revegetation ef:t:<?...rts. d) Protect cut-and-fill slopes against erosion with the use of Wf!f~i!'bars, lateral furrows, or other appropriate measures. Biodegradable straw mattingt bales or wattles of weed- free straw or weed-free native grass hay, or well-ancb #ed1-~bqc silt fence should be used on cut-and-fill slopes and along drainages to protect agltl~t i;oil erosion. e) See the attached species lists which can guide ~~~g~~~tion seed1 'illtx!t· Q(l -t.~j~'A 61 ~·.1.111~~ • ~~il .. ·r, \k. ~~""° Noxmus Weed Treatment ·· r;,~·· 1~•\. 'iJ,v Treatments for particular species are outlined in both th l NWMJ> ~nd Appendix 4 of the Creating an Integrated Weed Managem'!_nt Plan docum~t:~e following are general guidelines for weed treatments at the MG:R-t site. 11~,.~ •• -'<l)-~~"'k ·r:;.· ' "'iJ~ .... ~,:,... ~~~di" I) Prioritize weed treatments to maximize!sff o~~~b~ .. overall gg'lll would be for the eradication of noxious weeds in the MCR area witli 1µ'e.:{9llowing priorities: a) Noxious weeds thJl!.~ a!~n the habi~t jpt~grity ~~ar~ plant populations. b) Species on the .~o1oradQ.r~oxious WeedJ.,ist, with particular focus on A-list and B-list • · 'it '\'.I~ • species. .~:~Ji~~·... ~ ~ . . c) Noxious weedsp~tcbes tha may be easily'ilreradicated . •• --... l;:;J#. ,.. ''l~I;.. ,.,,~~~.ti ._ -1' u~c-~,. •• ~~~ •• :'fp ~ 2) Contro,~~Q~.Q.~~~~~s risih~:iPtegra~d ~liniques. Limit chemical control in areas with rare ..Prent species•to'avp id dir'fnage to non-target species. Mechanical or chemical control shoplq only be impieili~nted bf Rersonnel familiar with the rare plants. (See attached aC:cJ'ilitllt• Creating a1'i~ip_{egrate~iWeed Management Plan, especially Appendix 4, Profiles 'Of1Colorado StateiListed Noxious Weeds; http://parks~$tate.co. us!NirfuraIResources/CNAP/Publications/) • Include fNf..~p[ant '!'.~iping 011 all noxious weed maps that are intended to guide weed treatment. H4_yi11trare species and noxious weeds on the same maps will ensure that sensitive speci<!i'·are not inadvertently damaged by weed treatments. ~ r. 3) Noxious weed treatments should be performed by individuals who can also identify the rare plant species in the area. STATE OF COLORADO• COLORADO STATE PARKS Bill Ritter, Governor• Harrison Sherman , Executive Director, Department of Natural Resources• Dean Winstanley, Director, Colorado Stale Parks• Colorado Natural Areas Council: Kathy Yates , Chair· Dr. Lee Shropshire , Vice-Chair • Mike Bloom . Board of Land Commissioners· Dennis Buechler , Wildlife Commission• Dr. Tom Ready, State Parks Board• Renee Rondeau , Member Jill Ozarski, Member Colorado State Parks Colorado Natural Areas Program 1313 Sherman Street, Room 618 •Denver, Colorado 80203 • (303) 866-3203 4) Herbicide application should b e kept at least 200 meters from known plant populations, except in instances where weed populations threaten habitat integrity or plant populations. Great care should be used to avoid pesticide drift in those cases. 5) To maximize the effectiveness of noxious weed treatments, record detailed infonnation on weed treatments in accordance with the attached 'MOCA_Step-by ..... Step_ Weed_Management_Guide_20080505.doc', following th e''Weeµ Treatment' Section. _ E. t t. .Jr ·r:~~ ., I•" .:-~\. .t;c ~ Noxious Weed Monitoring c.'C• • 1\ • C: R_ I In order to gauge the effectiveness of weed treatments, as well as to assure wat no new weed infestations occur, monitoring is essential. _~~LC "'.a: ·~./-'" '4$. J!r; I I:. :l' I) Monitoring should focus on 4 priorities: n~:r:riit-i:· "' + a) Project areas to identify new weed infestations. NO~ious weeds in close proximity (within 1/.-Y2 mile) to the plant ip<;cies of concern should.be the highest priority for 1 ~·~., llt'ti: l"J :. ... contro . •. si ·r-_~ , ... i c b) Re-visiting control efforts to detem'line ffiem eff ectivenessJ " i) Monitor weed treatment areas arin.~plly0 ~:d V~o~ £f etailed infonnation on weed ( treatments in agct>fd ~ce with the a'ttjched 'MOCJ\_Step-by- ,,, ... -..... . ..,f" •i.-C". T'"' I Step_ Weed ,....tNfanagem~?t-Guide _20080505 .doc •, following the 'Weed Monitoririg; ·~ection . fA ~ c) Detennining the~}9'h g-terIJ1 -§U~cess of reve~efation efforts to ensure successful establish!11ent of d~fr~_:s p ~cili~:irtd·getect rl ny noxious weed infestations. If rev~getftioE'i~lunsuc~et~ffil, continue efforts to establish native species in disturbed sites. ""' ~::t· ·fi~::-. di\ ~ l b .. J & . B .. . kn . d h d th '.I·'· ~n a regu ar as1s~r~~mvento,vr,ipg own noxious wee pate es to ocument e l ext€nt and spread O"'ffexisting weeds. "~-;, 'r'.l°';l .. ''lJ~ r-~U· •; If-.• ~ 'U ~~ . :~r1 .. I)__ ,_., .. ~i!!~(;,..,· 1-.t-· !,. ' STATE OF COLORADO• COLORADO STATE PARKS Bill Ritter, Governor· Harrison Sherman , Executive Director, Department of Natural Resources• ( Dean Winstanley, Director, Colorado Slate Parks• Colorado Natural Areas Coun cil: Kathy Yates , Chair• Or. Lee Shropshire , Vice-Chair• Mike Bloom , Board of Land Commissioners• Dennis Buechler, Wildlife Commission• Dr. Tom Ready , State Parks Board· Renee Rondeau , Member Jill Oz arski , Member ,. . ·. r . 1111111 ·0111 ·1111111111111111111111 ~·~111111111111111111 576882 03/0S/201102:43P8123o'P192 n ALSDORF 1 of 9 R 45.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ASSIGNMENT, CONVEYANCE AND BILL OB SALE ......... ~ THIS ASSIGNMENT, CONVEYANCE AND BILL OF SALE (this ".Assignment''), effective as of 12:01 a.m., local time where the Properties (as defined below) arc located, on Janwuy lll 2001 (thC "FJfective Thne''), is made fi:om OXY USA Inc., a Delaware cotporati~ whose addJ:ess is S Greenway P~ Suite 2400, Houston. Texas 77046-0504 (''Assignor") to OXY USA WTP LP, a Delaware limited partnership. whose address is 6 Desta Drive, Suite 6000, Midland, Texas 79705- 5505 ("A.ssigrzeett). ARTICLE I GRANTING AND HABENDUM CLAUSES 1.1 Assignor Grant. For good and valuable consideration. the receipt and sufficiency of which arc hereby acknowledged, Assignor does hereby grant, bargain, sel4 transfer, convey, assign and deliver unto Assignee all of Assignor's right, title. and interest in and to the following property {collectively~ such ii>.'tet'ests.sh.aU be referred to as the "Propertjl or Properties"): · · • . . ~a)'. ~·e o~· ~d ~as I~~~~ ~,-overriding~~~ int~~· mineral intmests, production paym~fits ~described in Exhibit A attached hereto together with all rights that arise by operation oflaw or otherwise in all propeirties and lands uni~ coinmunitm.d or pooled with the properties described in Exhibit A (collectively. the "Mineral ProjJerttes'i, including .all production attributable to the foregoing; (b) all unitimtion, communitimioo and pooling declarations, orders, and similar agrcctru;nts (in.eluding all units formed by voluntmy agreement and those formed undi:r the rules, regulations~ orders or other official acts of .any Oovemmental Authority having jurisdiction) to the~ they re1at:e•to any such M"meral Properties; (c) all production sales oontracts~ pro~g contracts, gathering contracts, transp9rtation conttacts~ faxm-in and :fBan~ co~ areas of mutual intere~ balancing contracts, operating agreements, and other contracts to the extent they relate to any of the Mineral Properties, or the production, handling or transportation of production attri~"le to such ¥inera1 ~perties; (d) ell e8semcnts; righf:H)f-way. surface leases, sub-surface leases, 'licenses and pemiits and other agreem~ rights or interests relating to the use or ownership of surface or Subsurface property and structmes that are· used in connection with owner$bip or operation OXVU$A W'IPLP Asslpmeid. QARPIElJ) COUNTY. COLORADO ·1- T :, 'l . I ~II~ 111111111111111111111111111 . 111,11111111111111111 !16892 03105/2001 02i43P B123b P193 n AL.sDORF 2 of 9 R 4S.00 0 0.00 GAR~ISU> COUNTV CO of the Mineral Properties or the production, handling or transportation of production attn'butable to such Mineral Properties; (e) all personal property, improvements, :fixtures, wells (whetherproduoing, shut- .in, injection, disposal, water supply or plugged and abandoned), tanks, boilers, buildings, machinery,· equipment, pipelines, utility lines, imbalances {prod~tion. . gathoring,. -~ -:. transportatjo~ processing or otherwise), $11Spense :funds, water rip, roads, permits, licenses arui other appurtenances, to the extent the same are situated upon, and used or held for use by .Assignor in connection with the ownership, operation. maintenance or repair of: the Mineml Properties or the production, bandliIJg or transpoitatioh of production attributable .to such Mineral Properties; (f) all orlainal files, records, and data regarding the Minenl Properti~, including without limitation. title records, geological and geophysical information that can be transfmed. Without the consent of or payment to any thitd party, leases •. assignments, contracts. ooIIOSpOndcnce, production records, logs, core~ pn:3SW"c data. decline ourvcs, production curves and acccunting records {the "7J/u"); and (g) all oil, distillate, condensate, casinghead gas or other liquid or vaporous hydrocamons, carbon dioxide or other minerals (collectively the "Hydrocarbons'') produced :trom o:r attn"butahle the Mineral Properties from or after the Effective Time; LESS AND EXCEPT, and Assignor hereby ICtains all of Assignor•s right, title and interest in and to the following (collectively the "&eluded Assatr'): (a) all coxporate, fiusncj~ ~ and legal (other then title) records-of Assignor; (b) an geologic and geophysical data. that camiot be transferred without the consent of ot payment to any third party and interpretations thereof. (c) . eny Iefund of costs~ taxes or eocpenses borne by Assignor or assignor's predeocssors in title attnDutable to the period prior to the Effective Tune; ( d) any md all proceeds from the settleroeats of contraot disputes with purchasers . of Hydr®arbons from the Mineral Pxoperti~ inoluding without limitation settlement of take-or·pay disputes, insofar as said proceeds arc attn'butable to periods of time prior to the Eff'ective Time; and · (e) all accomm receivable with rcspcat to the Mineral Propedies or · Hydrocarbons attributable to periods of time prior to the Effective Time; TO HA VB AND TO HOLD the Properties unto Assignee and itB successors and assigns, forever~ subject to the terms and conditions set forth herein. OXY USA WTP LP Assla=*t GARflBLt>cottNTY. COLORADO -2- (. .. ~~ . 1'1111(1 11111 111111 IJlll IJlll flf 111 "~If 111111111111 1111 576892 13/0512001 02143P B1235 P194 l'I ALSOORF 3 of 9 R 45.00 D 0.09 GARFIELD COUNTY CO ARTICLE II SPECIAL WARRANTY AND DISCLAIMERS 2.1 No Ww:rantt. This Assignment is made without warranty of title of any kind or character, axpress, implied or statutory. 2.2 Disclaimer -Representations and Warranties. ASSIGNEE ACKNOWLEDGES AND AGREES THAT (A) THE PROPERTIES ARE ASSIGNED AND CONVEYED FROM ASSIGNOR TO ASSIGNEE WITHOUTW.ABRANTY, EXPRESS, STATUTORY, IMPL1ED OR OTHERWISE, AND (B) ASSIGNOR MAKES NO WARRANTY, EXPBESS, STATUTORY, IMPLIED OR OTHERWISE, WITH RESPECT TO THE PROPERTD;S. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS ASSIGNMENT, ASSlGNOR HEREBY EXPRESSLY DISCJ.,AIMS .ANY .AND ALL UPRESENTATIONS AND WARRANTIES ASSOCIATED WITHTBE PROPERTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, JNCLUDIN~, WIT.BOUT LIMITATION, (I) WARRANTY OF TlTLE, (D) EXISTENCE OF ANY AND ALL PROSPECTS, (DI) GEOGRAPHIC, GEOLOGIC OR GEOPHYSICAL CBARACl'ERISTICSASSOCIATED WITH .ANY AND ALL PROSPECTS, (IV) EXISTENCE, QUALITY, QUANTITY OR RECOVERABILITY OF HYDROCARBONS .ASSOCIATED WITH SUCH PROPERTIES, M COSTS, EXPENSES, REVENUES, RECEIPTS, ACCOUNTS RECEIV AB):.E, ACCOUNTS PAYABLE, SUSPENSE FUND OR PRODUCT IMBALANCES ASSOCIATED WITH SUCH PROPERTIES, (VI) CONTRACfUAL, ECONOMIC OR FINANCIAL INFORMATION AND DATA ASSOCIATED ·wrtu SUCH PROPERTlES, (VD) CONTINUED FINANCIAL VIABILITY ORPROl>UCTIVITY OF SUCH PRO?:ERTJES, (VIII) ENVIRONMENTAL OR PHY~CAL CONDmON OF SUCH PROPERTIES, (IX) FEDERAL, STATE, LOCAL OR TRJBAL JNCO:ME OR. OTHER TAX CONSEQUJtNCES ASSOCIATED WITH SUCH PROPERTIES, {X)ABSENCE OF PATENT OR LATENT DEFECTS, (XI) SAFETY, (Xll)STATE OF REPAIR. (XDl)MERCllANIABILITY, (XIV).CONFORMITY TO MODELS, (XV) ANY RIGHTS OF ASSIGNEE UNDERAPPROPRIATE:STAroTEs TO CLAIM DIMINUTlON OF CONSIDERA110N, (XVI) WARRANTY OF li'REEDOM FROM PATENTS OR TRADEMARK INFRINGEMENT, (XVII) W.AUANTIES EXISTING UNDER.APPLICABLE LAW NOW OR BEREAFTERJNEFF.Ecr, AND (XVlll) FITNESS FOR A PARTICULAR PURPOSE. ASSIGNEE AGREES THAT, TO THE EXTENT REQUIRED BY .APl.1LICABLE LAW TO BE En'ECTIVE, THE DISCLAIMERS OF CERTAIN W.ARRANTIES CONTAlNED IN THIS SEcnON ARE CONSPICUOUS DISCLAIMERS FOR THE PURPOSES OF ANY APPLICABLE LAW; RULE OR ORDER.. OXY USA WTP LP Aulpmcat GAR.rlEt.'O COUNTY, COLORADO ARTICLE m MISCELLANEOUS -3- . I Jlllll Diii ii fi ff 1111111111 f 11111 ~::11 m 1111111111111 576892 03/05/2001 02:4311 81235 1'195 H ALSDORF 4 •f' 9 R 45.aa D 0.00 GARFIELD COUNTY co 3.1 Further Assurances. Assignor, without:filrtherconsideration, covenants and agrees to execute and deliver to Assignee all such other and additional assignments, instruments and other documents and to do all such otb=r acts and things u may be reasonably ne.cessary to effectively vest in Assignee beneficial and recotd title to all of the Properties and the respective rights and interests herein granted or intended to be granted, and, if applicable, to put Assignee in ~ possession of·-·~ the Properties. 3 .2 Assumption. Assianee expressly assumes and shall timely perform and discharge all duties mi obligations of the owner of the Prop~es that are attn1rutable to the period of time on and after the Effective Time, including without limitation obligations with respect to the terms of the leases and contracts affecting the Mineral Propcl1ies, imbalances and suspense f\m.ds, payment of and liability for the proportiQnate share of costs and expenses attributable to such Properties associated with the plugging and abandonment of all wells, equipment and filoilities, the remediation m;id restQration of all -wells, equipment and :facilities, and c,;o~pliance with all environmental laws ('mcluding any remediation activides attributable to the ownership and operation of such Properties). 3.3 Counte:rparts. This Assignment may be ex:ccutm in any nmnber of counterparts. and each counterpart hereof shall be dee.med to be an original instrument, but ell such counterparts together shall constitute but one Assignment 3 .4 Successors end Assi@. This Assignment shall bind and in1Jl'O to the benefit of Assignor and Assignee and their respective successors and assigns. 3.5 Government Assignment. Separate assignments may be executed on officially approved forms by Assignor in favor of Assignee in sufficient countmpans to satisfy applicable st.atutory and regulatory rcqujrmwmts. '.fhose assignments shall be d.eemed tD comain all of th~ exceptions, resenrations. ri~ titles,, powers and privileges set forth herein as fully as though they were set forth in each such amgnmcnt. In the event of aoy conflict between the temiS of this Assignment and suoh ptlm assignments, the 1emls Of this Assignment shall govern and control. 3.6 Headisn-Th~ titles and beadin~ set forth in this AshgmMnt have been included sol~y for case of refCrence ~may not be considered~ :tJic ~on or construction of this · · Assignment. . 3. 7 Gov~ Law. This Agreement shall be governed by and construed in a.ccol'dance with 8lld enfurced under the Laws of the State of Texas and the United States of America, except to the extent the Laws of mother jurisdiction are mandstorily applioablc. 3.8 Recording. To facilitate reconting or filiDg of'fhis Assignment, the counterpart to be recorded in a given county may contain only that portion of the exhibits that describe Property located in that county. Assignor and Assignee have each retained a counterpart of this Assignment with complete exhibits. OXYUSi\ WTP LP Asli&U*ll CJARPmLD COUNTY', COLORADO {signature pages follow] -4- I .. · J llllll lllf l'llf Ill lllll llJll llll:: :llll 1111111111 II 1111 578892 03/05/2081 12:43P 81235 P198 l'I ALSDORF 5 et 9 R 45.08 D 0.08 GARFl!LD COUNTY CO Executed this 3rd day of January 2001, but effective for all purposes as of the Effective Time. ASSIGNOR~ ASSIGNEE: OXY lJSA WTP Ll Alslgnrncnt GAlU'IBLD COUNTY. COLORADO . ... --.. ~ OXYUSAlnc. ·S· 111111r1111111111111r11111111111~~ ~jf IJ 1111111111111111 57Q892 03/09/2001 12 a43P 81235 P197 n ALSOORF 8 of 9 R 415.00 D 0.00 GARP.tEl.D COUNTY CO STATE OF TEXAS COUNTY OF MIDLAND ... . .. ~ ·-· - The foregoing instrument was acknowledged befum me on this the 3rd day of Januaxy 2001. by Tmy S. Lindquist, Attorney-In-Fact on bcbalf of OXY USA Inc., a Delaware corporation. My Commission Expires: February 10, 2003 STATE OF TEXAS COUNTY OF MIDLAND ~J:J.OLA wardN. Adc.oc~ Notary Public in and for the St.ate of Texas The forc&oing instl:mnent was acknowleciged befhre me on this the 3td day of Janumy 2001, by Teay S. Lindquist, Attomcy-In-Fact on behalf of OXYUSA Inc., a Delaware C01.p9m1ion acting as General Pittner for OXY USA WfP LP, a Delawate limited partnership. . . MyCommissionl!Jtph= . 2~J. . Q_ /~ ~ward N. AdcoCNotary Public in and fur · Fepntary 10, 2003 the State of Texas OXYUSA. WTPLP ~t GARFIELD COUNTY, COLOR.ADO '· •• . ~ Exhibit "A" AttactMd to and made a part of 1181 celtaln Assignment. Conwyance and Bii of Sall dated Janay 3rd, 2001, by and between OXYUSA Irle., as •A&algnor"' and OXY USA WTP LP, as •Ass1gnN" OxyNo Fil~No Lusar Leaee DArn Rrcartllng Co!eV StattJ OS ( 4 l Company Fee 10052300 [).OMS Gt:RTRUOE POTTER. ETAL cmes SERVICE OIL COMPANY 02107/1957 NIA 1~00 0-0646 GeRTRUDE I. PU I I ER. ET AL CITIES SER\llCE OIL COMPANY 0212611867 BJ< 305, PG 116 .. 10051700 D-0408 ROBERT LATHAM, ET AL CITIES SERVICE COMPANY Dti'O&'t978 BK 509, P0 83111 10050200 D-o3e2 ROBERT LATHAM CfTJES SERVICE OIL COMPAHY D2124/f972 . BK 510, PG 714 , -10046200 D.Q029 JOHN H. lATHAM, ET UX. CITIES SERVICE COMPANY 1~8'1178 BK.491, PQ &86 /' 10045900 D-oo28 T. E. PRATHER cmES SEffllCE COMPAN'i W2B/1978 BKG1,PG565 ,/ 10045800 O.aQ27 Al.9ERTSON RANCHES CO. CITIES SERVICE COMPANY 1212011976 BK4Gf,PG740 ./ 10044200 [).OQ3(J lEROY B. lATHAM, /4S PERSONAL CITIES SEfMCE COMPANY 1~978 BK 4'91. PG 673 ./ ().0030A REP. 10043900 D-0030 D.oosoA JOHN H. LATHAM, Er JL cmES SEfMOE COMPANY 12/16.11878 BK481,PG578 / 10052700 D-6<C8 GERTRUDE POTIER. Er AL cmES SEAV1CE OIL COMPANY 0212&ft957 BK 302. PG 89 60502425 OSQ2425 HARLAN H. HUGG, ET UX CITIES SERVICE OIL COMPANY 05/1711952 8K 263,PG 528 60502429 0502~ 08..0S 0. POTIER CITIES SERVICE Oil COMPANY 'Ol/1211963 Bl< 271, PG32 60502626 DSJ2626 SOHIO PETROl.ElJM COMPANY CITIES SERVICE Oil COMPANY 10I01HHs BK 310. PG 385 'l, ......... 60502847 0502647 DElDS D. P01TER. ET AL · CITIES SERVICE OIL COMPANY 08/0a.11953 SK 284, PG 354 805t7507 0502847 DELOS 0. POTTER, ET AL CITIES SERVH:E OIL COMPANY 0712711153 BK 2114. PG 352 60517608 0502847 OEl.OS 0, POTIER, ET /U.. cmES SCR\ftce OIL COMPANY 07/03.11958 BK 284, PG842. 80517509 0502647 DELOS D. POTTER, ET AL ClTIES SERVICE OIL COMPANY 07/20fi9SS BK 284, PG 348 60517510 0502847 DELOS O. POTTER ClTIES SERVICE Oil COMPANY 07123/t953 Bl<~. PG346 60517511 0502647 DELOS D. POTTER, ET Al CITIES SERVICE OIL COMPANY 06/1811953 BK 284. PG 344 ' 60517513 0502847 oaos D. POITER AND Cl.TIES SERVICE OIL COMPANY OBI04/1953 BK 286. PG 6 GERTRUDE POI I ER 80517514 0502847 DELOS D. PO 11 ER AND CITIES SERVICE OD.. COMPANY 0812&f1953 BK 288. PG 195 't .or ... GERTRUDE\, POTTER Exhlbft A~GARAao COUNTY, 00 --------------------~ ~ 'I v ~ qf GARFIELD COUNTY, CO GARFIEL.O COUNTY. CO GARFIELD COUNTY. CO GARFIELD COUNTY, CO GARFIELD COUNTY, 00 GARREl.O COUNTY, CO 0ARFIELOCOUNTY, 00 GARRE.LO cot.Im'. m GARFElO COWTY, CO GARAEl.D <X>UNTY, co GARFlELD COUNTY. CO GARFla.o COUNTY, CO GARFlELD COUNTY, CO GARFIB.O COUNlY, CO GARFIEl.0 COUNTY, CO GARFIELD COUNlY, CO GARFIEl.O COUNTY, CO GARFIELD OOUNTY, CO GARFIELD COUNlY, CO GARFIELD COUNlY, CO GARFJELD OOUHTY, CO Poplo/3 ;:w~ -~o =«CJ .... -=~· =I! -""'0 =e..u =10 !!!!!!Nlif --~H ._mil! =="I§ !!!!! .. -.. m -Nm -Gii. ==~Q ,...ea =Nm !!!! ...... a -11 -~ ... ~ ;;;Sa: ~~a -= ... !!!!! .... 0 _111 ... ~ Ox, Na P&Nq! USSDI' len~e DATB ~g County Sta/8 I • Company Fee i 60517&15 0502647' DELOS D. POTIER ANO - GERTRUDE I. POJTel CtT1ES SERVICE OIL COMPANY OMJ'f/1153 eK 291. PG 683 v GARFIELD COUNTY, CO 60517516 0502847 GERTRUDE I. POTTER: CITIES SERVICE Oil COMPANY OB12911855 etc 305, PG 1 !3 ,/ GARAELD COUNTY, CO EXEClJTRlX 60522B81 05228a1 ' OXY USA INC. MOBIL OJL CORPORATION OM>UfD90 NIA GARAEU> COUNTY, CO 60522682 0522e81 OXYUSAING. MOBIL OIL CORPORATION O!W1/t990 NIA GAAAEU> CO\MTY, CO .. ~8 0522681 OXYUSArNC. MOBIL OIL CORPORATION OSK.11/1990 NIA GARF1ElO COUNTY, CO Company Fee Lease --0173S800 'I S27-D-27 O'IN USA INC. Al.BERTBON RANCH COMPANY OGIOU2000 NIA GARFla.D COUNTY. CO XOS0079S 01738GDO? 327..0.28 OXV lJSA INC. X050D794 RICHARD L PRATHER, ET M. 081Dtl!DDD NIA. GARF!a..D COUNTY, CO 01739000? X0500795 O"l:f USA INC. LATHAM RANCHES DM>112000 NIA GARFIELD COUNTY, CO 01739100? X050079& OXYUSAINC. lATHAM RANCHES OM>11S!OOO NlA GARREl.O COUN1Y1 CO 01739200? X050D797 OXYUSAINC. LATHAM RANCHES 0&'01/2000 NfA GARFlaD COUNTY I 00 -1 0173G300? xosoimm O"l:f USA INC. LATHAM RANCHES OIW112000 NIA GARFIELD coumY, CO 011394001 327-0-408 OXYUSAINC. LATHAM RANCHES 06l01/2000 NIA GARFIELD COUNTY, CO 6iiiici~ X0500800 - Easement/Surface =El: . -=•a -- 0350810000 S0&03131 OXYUSAINC. ROCKY MOUNTAIN NATURAL 0411SlfS195 NIA GARFlaD COUNTY, CO ;;: ~ GAS COMPANY =A~ 0361380000 X0500918 O'IN USA INC. TRANSCOLORAOOGAS 04120.fimta NIA GARFIELD COUNTY, CO -MH TRANSMISSION COflf'At« =--0381350000 X0500917 OXVUSAINC. TRANSCOl.OAADO GAS 0412011998 NIA GARFlaO COUNTY, CO -a. -('IJ TRANSMJSSION ca/PAIN !!!!!!!1111" Lease iiiit\iZ -t\). -GI 60517938 0517938 USAC-12757 CITIES BERVICE OIL COMPANY OIW1/tll71 NIA GARFIELD COUNTY, CXJ =~ -G)Q 80519198 oe.'0111889 BK7llO , PG 785 0ARAELD COUNTY, CO =~1 Of519196 USAC-28028 ESDRAS K. HARTLEY !!!!!!, : --1. ~ 0522189 MARY EDl11i LOGAN. ET AL. 00. OXYUSAINO. 03/01H9SM BK 8118, PG 7fr1 GARFIELD COUNTY, 00 ~ ..... ~ TRUSTEES ;;;D--= ¥60522790 0522789 PATRICIA P. COYNE OXYUSAINC. 03l01H994 BK.887, PG 13 GARFIELD COUNTY, CO -gtm -.... ~ 60522791 0522789 EOWAFIO N. JUHAN OXYUSAINC. 03/01/1994 BK 898, PG 057 GARRELO COUNTY, CO -coo !!!!!r- -IOIO Eihlblt A -GARFIELD COUNTY, CO -Paplo/3 OxyNo FiTeN~, Lsnor l..ss8ee I · Lease -~522792 0522789 . JUHAN LIMITED PARTNERSHIP OY:f US4 INC. .v60522l93 0522789 RODERICK B. POTTER O'l:f USA INC. ./150522794 0522789 PATRICIA H. POTTER OXVUSAINC • . VS0522795 0522789 BARBARA JEAN SCIBIENSKI OXVUSAINC.. 60522796 0522796 US A COC-S63DD OXYUSAINC. 60522800 0522800 US A COC·56831 OXYUSAJNC. 6052280t 0522801 US A COC.66830 OXYUSAIHC. Exhib!(A-GARAELO COUNTY, CO-~- .. .;.. DATE Record mg CoU1ity Stat~ I = j 03AJ1/19N Bl< BVU, PG 580 GARFIElD COUNTY I co 03l01/1994 BK8D8, PG 554 GARFIB.D COUNTY, CO ,-. 03l0111G94 BK897, PG 10 GARFIELD COUNTY, CO 03/0111994 BK 889, PG 90 GARFJELD COUNTY, CO 081Gt/U194 BK 907, PG 428 GAAFIB.D COUNlY, CO 11/0111994 BK 923, PG 94 GARFIELD OOUNTY, CO 11JD1/t994 BKG23, PG 86 GARRELD ~.CO PltB•3•f1 I: -o ~o -a:u --=~ =lg iiiiiiia. ~~~ !!!!!~ ... !!!!IQ I! !!!!a..a: -Cf.I c:J -q-== ... ,_~. !!!!!!!! CSJ =~a =~1 !!!!!' . =·~ ==aft: --NG> =1~ UI 0 -1n. -- . David Pesnichak From: Jim Rada Sent: To: Friday, December 12, 2008 8:31 AM David Pesnichak Subject: Attachments: FW: CUP12008/0XY USA WTP LP Warehouse Site. Jim Rada Urada@garfield-county.com).vcf Dave, I reviewed the pictures that OXY sent regarding the containment system they use for chemicals and fuels. There is no additional information about the liners or installation of this containment system. I'm not an expert in this arena but I recommend that you place a condition on the CUP that all chemical and fuel storage areas be equipped with properly designed secondary containment systems capable of containing at least 100% (maybe 110%) of the contents of all tanks and/or containers inside the containment system. No response was given as to dust mitigation although I do recall that they indicated that they would take all necessary measures to control fugitive dust at the site. This requirement should include during construction and operation of the facility. Let me know if you need anything else. Jim Rada, RE.HS Environmental Health Manager Garfield County Public Health 195W14th Street Rifle, CO 81650 Phone 970..625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-countv.com Web www.garfield-countv.com From: Jim Rada Sent: Friday, November 14, 2008 4:10 PM To: David Pesnlchak Subject: CUP12008/0XY USA WTP LP Warehouse Site. Dave, Comments on this application: 1. No mention is made of containment systems for fuel storage or other liquid chemical storage on site. Jt is difficult to tell from the submittal how close this site and these materials will be to surface waters and springs. In light of past water quality issues in this area, I believe it is prudent to require appropriate containment systems for any chemicals and fuels on site to prevent water contamination in the event of a spill or other release. 2. Proper management of the site surface at all times to is necessary to minimize dust impacts. No other concerns at this time. Thanks for the opportunity to review this application. Jim Rada, RE.HS Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970..625-5200 x8113 Cell 970-319-1579 1 Fax ,970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com 2