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ARTICIJ II
SPECTAL }VARRANTV MTN DISCLAIMERS
Z.l No Warruty. This Assignment is msdc withorrt uarranty of title of any kind or
olmraoter, ercpress' imPlid or $atutory'
2.2 ni ' A$'SIGNE'E 4ggl-o]F-llql
AND A6BEES AIi{I} CONVEYEI} FROM
AssrcNoR ro nsscivi:B v{rrHour wAnsitNTy, EoREss srATtnonY' IMHJD
on orrmnsnse, Ar{r} (B} ASsrcNoR lualffs No WARRAT{TY, EICHRESS,
siarurcnv, nnt,rnn on brnnnrrtsu wrru RDsPEcr ro TEE rRoPERTrEs.
uxCnm As Ormnunsg EXPRESSLY PROVIDED IN THIS ^6SSIGIYMEII{T'
ASSICNOR EEREBY E}PRES$LV DISCLAIM$ AITIIf AITID AIT REFRESENTATIONS
AI{D WARBATTTIES ASSOfi*.IED WI.rH XHE PROPERIIES, EIilRESS' STATfITORY}
IMPLIE,I}onormnwsp'INCLUDING'WTIH0UTLIMITATIoN'(I)WARRAI{TY
oF TTfl,E, rtr) BHsTENCE OF ANY lNn AIl PROSPEC.IE, (nD GEoGnAI|HIC'
cpol,ocrb bn cmorrrrsrcAl, cffiAssoclarrx) wrIII Ar{r ANn
ALLPROSPECTS,gqUOSTMCU,QUALflY'OEBECOVERABILITYor EyrlRocanilbnis AssoclArrr) wrrg sucE rRoPERrrEs, fiD c(xtrsr
EglgNsf^s, npfryffffeq RECEIPT$ ACCOIINTS RECTIVABI,E, ACCOIINTS
rlvanr,E, irmrergsn rur[D oR TRoDUCT IMBALANCES AssocIr.TED wrrE sucH
iiOrnnrmq mt COr.rm.rCrUAI4 ECONOIifiC OR HNAI{CIAL IIYTORMATION
^flr{D DATa nssotiarrn'wrrH sucg pRoFEHrrEs, (vE) ooNTrNUEr} FINAI\ICrAL
vTABILITY OR PRODUCTIYTTY or SUCH PR()PERTIES' (VIID W
On prrsgtcAl, COTIDmON OF SUCH PROPERIIES, (ID ry, L,OCAL
OR TRIBAL INCOME OR OIIHEB TAX COTT$EQUENCSS ASSOCIAITD WITII SUCTI
rRorERTrES, OO ABSENCE OF PATEI{T OR L/\IENT DE[ECT$, (Iil) SAEETY'
(x[] STATE oi" npmfn" grffi) MERCEITYIAEILmY' ,qYIC!]I\EORIUITY To
iaobnrs, (xv) Arry RrcHrd or AssrcNEE UNIIER APTRoPRTATE STATUTES ro
cLaIM DInilINImON OI, CONSilTIERAfiON, (Iffr) WAaRAI{TY Or TRIoEDOM rRorr
PAIENTS OR TRADEDIARI( INIRINGEMENT, o(vtr) wAnnAI\mEs HHSTING
TIIITDERAPPLICABI.,E I,AW NOW OR HEREAEITR,INEFIIECT' AI{D ('ffItr) N]fNESS
FOR A PARIIflTLAR PURPOSE. ASSIGNEE ACREES THAT' TO TEE EXTENT
aEaumED By AppLIcABIJ LAW TO BE ErTEsrTtlE, THE DISCLAIMERS Or
CMrNrr WARRAI{ITDS COI{TATITEXI IN THIS SECITION ARE CONSPIflTOUS
DISICI,AIMERS FOR TgE PURPOSES OF A}T!T APHIICASI,E LAIV' RTILE OR ORI}ER
ARTICI,,E III
TIISGE,LLIITIEOUS
,,o OrffU$A WtF I.P Assignmcrt
EABTIELD COIJ}ITY, COI.OBADO
-J-
o
(o
tlffi,n#f HHtil|j'1frT'.H$?tl',$|fl 'l#un''' 3.1 F\rrtlrer AsiluEEpEI. Assigaor, without ffrrtlrer cousideflEtiou, covenants and agrees
to execute ana fffisffiail such other and additiooal assignments, instnmants gtrd other
doc,meats andto do aII srchotheragt$ srd thhgs asuaybereasonrablyffioesBaryb effectivelyvest
i. 4116; mneficial md rccord t'tle to all ofthe Ptopemics and the respective rights and interests
f-r** F*t d or intendedto be eraficd, and" if applioabla to put Assignee iu astual possession of
the Propcrties.
3.2 Assuil.qtion Assigffi eucpessty assumes aodsha[ timelyperfmard discharge all
d,tiee and oUtffong-of tre oumen oftbe lhoperties tb* are athibrdable to the period oftime on aad
afta the fmrrti* Timc, inchding urithout limitation obligations with respect to thp terms of the
leases and contrac-ts affecting tne tr4Uerat Propeuties, irnbalances and srspemse fiudg, payment of
uoa U"UiUty for the prorportiqnale slltre of qoots afld expmscs af,tributf,ble to such Propemies
,rr*iuua",itf,ee drugirilg aud abandonment of allrrtrclls, equipmmt aDd_eolifie& ths rertnediation
*a rurtq.rti"o of af weffslequipmeur ard facilities, aud coupliauce with all onvironmcntal laws
(rnclrdi4gmy rtmedi*im r.riviUes attlbutable tothe ouiD€rship md o'pcration of stchhopades).
1.3 Corutemffis. ThiF Asdglr4eot may be e:qecuud iu auy rrrmber of counterpuE, ond
*cu cogntarpart Uffiatl be domed to be arr original iuslnrnmtr btrt dl such oouuterpafis
togcthm shaU constitrrte but onc Aseignrnmt
3.4 $ucceesors EXUI AsEiFqs. Thic Asigntrcut shall bind md iuruc to the benefit of
Assignor a61t assigpoe and thehrespective srpcesf,ors and aSsigtS.
g.S Gorernmont AsqiEuupot Separate rssiglfi€f,tc may be erceEuted on offioially
,ppro"J ron @Asdgnee lnsufficient cormeryuc to setisfr applioable
Jt"tonv aud regulatory *"q,ri"tu€rts. Thosa aseigffiEilts shtll be dffffid to contain all of thc
ilard,;"r, rwd*t*i dghf$ tiflte€h poayerE andprMleges sEf, fofihhoreitr * tuIY as thoyeh-thnu
wElsset fortlr iu each sueh assignsreut In the EvE'[t of a4' conflicbetrrreen the terms of this
e*igp*t and flroh orttrsr assigrrmsils, tho tcrm of this esl$msnt shnll gwan ard control.
3.d rcu[ngg. 'lh.e tiflet md hdings set forth in tfris AssigrmEmt have besr iucluded
solgly for casc 6Tffic. uA -"y uot be consitleld i.th' iuterpretdiou oi coasts,ction ofthis
Assignrneat
3-7 Goverrring Iaw. This rA€r€cffi€fit shall be governsd by md constnrcd in accordame
ruith ard ffi of the state of Telos and 6G unibd stdes of Americq orcqpt to
the extent the Laws of wrother jruis(iction ue mandatorily applioable.
3.8 Recordinq To ftcilitate recoriling or filing oftlus Assignm€ut, tbe couutcrprtrc be
recodcd in a J"en oorrnty nray contain only trat portion of the erftibits tbat dcscribe Pt'operty
locded in that cogrty. Assignor md Assignee hane each retained a countErpart of this Assigpoeut
with complac o<hibits.
leignaturc pages follow]
olfl US'A urTP LP JlstigEm.ilt
OARFIIN.D COI,'NTY, COI,oIiADO
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A8$IGNOR:
A$SIGilIEE:
qxy U'SA urfF L,P ArsigrnElfi
OARPIEI,D COU!TfY. COLORADO
Executed this 3rd day of January 2001, but effective for all purposes as of the Effective,O
O)tY USA Iuc.
OXYUSAWITLT
t.o
EY: OXIf USA Inc.,
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STATE OF TE)GS
COUNTY OF MIDLAND
The foregoing instrrgnent uas aclnowledged before me on this the 3rd day of January 2001,
by Terry S. Lindquist, .Attorney-Ir-Faot on behalf of OXY USA Inc., a Delarnare oorporatiotr.
My Comruission ExPires:
Februarv I0.2003
N.NotaryPublic in and for
EBSARE S AOCOS!(i ilOTAHM PtJBL|e
Stfils trITexms
Oofitrr. Etr.G-fO'S0Oo
STATE OF TEXAS
COI.JNTY OF MIDLAND
The foregoing igsfrumeililwas aeknowledged before me orrthis the 3rd day of Jaouary 200I'
by Terry S. Liudquist, Attorney-In-Fac{ on behatfof O}(YUSA Iuc., aDelaware corporation ac'ting
the State of Texas
o as General Parhrer fot Olflf USA WTP LP" a Delaware limitcd parhership.
My Cortmission Elryires:
Febmanr 10.2003
Notary Public in and for
OXY USA s/TF LF AseignmcntI - G,\RTIELDCOUNTY,COIORADOo
the $tate of Teiras
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year d8e tborJ8and.nine trundred flfty.E€YGIrr betFePn Eef'tsuds
L pottet sEd Grar'f.Pottat .of .Eenrer. Colorqdo, Patiicla P..
6oyne sf. I{edtands.'Cqltfornle, and RodeslcL g' pqtter olf
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Srvlse OIt Conpany. a Deliware' oorP€retiorl' Patty.ef the
eecoH'Patt,
SITI{EESEI}II
' Ihat ths 36id pertIEF of the first part' for and ln"
conaideration of the mp of Ten (SfO.O61 DoIlEra tp the cate
prlti€E of the flrst pBst ln lrand prld by t[Ie tald patty of
tlre"s€eond Paat, .tbo teo3fnt shereof ls 'Ireteff cqnfessQd and '
acknorledgnd. htve'gaantad, batEelned. aold rnd eonveyed ard
bf thEte Fresf,nts db gtant, bargaln, sell. eonvqy 5nd cenflrn
unto tbe sald prtty of the Gecond palt. ltr €u€cissor't eflq '
rtsf,gncforevet;ellofthefollowl.nfldercribcdldt8orpaioels.
of lsnd eituate' If4"S and betog in the'Coruty of c*sfl€ld aHC
State of Coloredo, to-*Ltr
.' e*eeptlng that casteirr rs'*ratiot'r and exae ptlon of an uadividad'
f,lvc (S) percent lntarart tn all ol.I and gqtr Gontqlhed ot fotlnd
.in ot'on th above pr'entsea thtch ret heretof org ie8€tved by
tha graqtors purerreat to tbe $elae Agteenent betneen.Ilelpe E" '. '
Fsttsr, GEutrtdr I.'Polirs rnd Cttlei Seasl'oe gll Cg4pany' dated
. rpril 30, 19E3, recordec. JanarrT,E. l9q6 ln Booh 390 at Dagp 489.
ln the reeordr of Gqrfi.e1d Ceunty, Colouado, aBd ttE res\rltlo3'
:
kiil
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siJ, I3pStr'i:
dEed thetaftom. ''
' to haile',ind to trota t[ra sdnor t'oEether rtth all -rlghta' 'f.
prlvll4ee and .edaenentE held or'es3elrad tn connFction theretttb
.rir soutstanent thri'ito unto thi sgld peity of tle.'BqQond p'rt,
. +h,ffi qPFratanrnt thpi'tto unto tH sg
'#'l:,B:E tu-cdersdre,. et as*lgng fqlsver'
a ..=I t..' .'-... - {F,"'I.ffi.s. tu-cdcrsore. eE ag$igng rqtcveE.
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' Eastie* of thc-'fl^tst part for therneelves, thef't helrs
snd s.es5'ghsr'Eovenant and egree wtth the Fart}f of the heccnd'
p+rt, and its e&ccea5oi6',of assfgns, thst the part5-es of the fl-st
part wlll forevef .uf,a.rrnt'and' defend.tha tftle to the'Iand
iF,galnst.tlre l,euful cLaifl* or deminds of all Peteqlra clifuuing.or
to slaln the 6ehe .os aIlY part. theteof by, tlrrough or under the
IU WITttEEg Ii,HEnFFr the said pglties ef the ftrtt
psrr hay6 lrareunte eet thelr hands the day and year fimt above
wsttt*n.
Eoolt $04.'T*:J,,
't
o
'fo. -
.!.. .
'o
;:."1,}l| Tha for€soing tnstrtiment wa$.,acknor*ladged bafors rue,flEAay cf EdbryIrr, , 1957 by Gectrude I. Pstter.
,*i. Wtthias rErt hand aad sealr: r tfiy aoffirl.esi.on exPiles *
- -rfl ttre forcilotng lnitsuneB me acknonlcdged befote me
i '. ;.thiE*SEday of tretfuatg , 195? by Gaer t. Fottbr.
ifTl1l;'r'" srAlE oF cDlonAm' r. sEArE oF cDtoBAm )) BBr
GITY ADID MUNTY OF DE$SIEB )
-2-
C.AI. trOBI{IA
feSegdingyof
I "'.
Book 30t- 'rirf'l+g'-
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a!
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"o
tn*ent was aekqoptrdsed before ne
'A . 1957 by E!!+tole F;, G,oJ.na- .. :
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tnesE urr hard and eaaJ* - r' courmtsiton eflpireg W.
LEGAL DESCRIPTION OF PROPERTIES AFFECTED BY TEXT AMENDMENT
CASCADE CREEK (approximatelv 1 0'708.69 Acres)
T65 R97W
Section 4:
Section 5:
Section 6:
Section 8:
Section 9:
Section 10:
Section 15:
Section 16:
Section 17:
Section 18:
Section 19:
Section 20:
Section 21:
Section 22:
Section 28:
Section 29:
Section 32:
T7S R97W
Section 5:
Section 6:
Section 7:
Lots 9, 16, W2SW4
Lots 5, 6,7,9,10, 1 1 , 12, 13, 14, 15, 16, 52
E2 Lot 14, Lot 15, Lot 16,E2 Lot 17, E2SE4,E2W2SE4
52, NE4, S2NW4, NE4NW4
Ail
Ail
All
Ail
All
E2, SE4NW4
NE4, E2NW4
All
All
All
N2, W2SW4
All
Lots 1,2,3, and 4(All)
Tracts 80, 81 ,82 A and B and 83 A and B.
Tracts 84, 85, 86 and 87
Tracts 88, 89, 90 and 91
n\- -/
r-.l\--l
OXY USA WTP LP
A subsidiary of Occidental Petroleum Corporation
5 Greenway Plaza, Suite 1 10, Houston, TX 77046{521
P.0. Box 27757, Houston, IX 77 227 -77 57
Vicki Hollub
Manager Asset DeveloPment
Rocky Mountain Asset Team
Office: (713) 215-7332
Fax: (713) 3504873
Email: vicki-hollub@oxY,com
April '13, 2006
Board of County Commissioners
of Garfield County
108 8th Street
Glenwood Springs, CO 81601
RE: OXY USA WTP LP's Application for Text Amendment to Zone DistricUZoning
Resolution and Special Use Permit Application - Camper Parks for
Extraction Workers
Ladies and Gentlemen:
Doug Dennison, as Regulatory Coordinator for OXY USA WTP LP ("OXY"), is
authorized to act on behaff of, and represent OXY in all matters related to the OXY's
Text Amendment and Special Use Permit Applications dated March 17,2006.
Sincerely,
OXY USA WTP LP
/*/ rt//-
Vicki Hollub
Manager Asset DeveloPment
Rocky Mountain Asset Team
A
CIXYv
2754 Compass Drive, Ste 170
Grand Junction, CO 81506
OXY USA WTP LP
March l7,2006
Mr. Mark Bean
Garfield County Building and Planning Director
108 Sth Street
Glenwood Springs, CO 81601
Subject: ApplicationforTextAmendmenttoZoneDistricUZoningResolution
Dear Mr. Bean:
Please find enclosed OXY USA WTP LP's, ("OXY") Application for a Text
Amendment to Sections 3.10.01, 3.10.03 and 3.10.04 of Garfield County's Zonrng Resolution
of 1978, as amended, which would allow Camper Parks (see Section 2.02.11) related to
energy extraction operations as a special use in the Resource/Lands Zone Districts (Section
3.10i. This Appli"uiio, is submitted by OXY related to lands owned by OXY and located in
Townships 6 and 7 South, Range 97 West, Garfield County, Colorado.
There currently exists differences of opinion regarding the authority of Garfield
County to require special use permits for temporary quarters for extraction workers. The
efforts and cooperati,on of the County Planning Department staff appear to have offered OXY
and other extraction companies a workable solution to resolve these differences. However,
OXy respectfully r"."rr", its rights with respect to this issue should this solution prove to be
unsuccessful.
The proposed text amendment will improve the health, safety and welfare of
extraction workers and county citizens. The text amendment will also reduce environmental
and traffic impacts in Resource/Lands Zone Districts as well as throughout Garfield County.
OXy proposes that the "lJses, special" subsection of Sections 3.10.01,3.10.03 and
3.10.04 be aminded to read as follows (the proposed amendment is underlined):
3.10.01
uses, special: Air carrier airport, commercial, recreation uses; public gatherings,
.o**urri"ution facility, correction facility, utility lines, utility substations, camper
the
iontractors of the energlr extraction industries. (A. 97 -60;99-025)
Mass Transit Facility (added 2002-12)
March l7,2006
Page2
3.10.03
LJses, special: Mineral waste disposal areas; public gatherings, communication
facility, corrections facility, shooting range facility, utility lines, utility
substations, camper park for the purpose of providing temporary quarters to
employees and contractors of the enersy extraction industries. (A 97-60;98-108;
99-02s)
Mass Transit Facility (added 2002-12)
3.10.04
Uses, special: allowed by permit only: lndustrial support facilities which would
include: material handling, pumping facilities, electric distribution, warehouse
facilities/staging areas, storage areas, water impoundments, utility lines, utility
substations, extraction, processing, accessory uses to the above, camper park;
hunting lodge; mineral waste disposal areas; public gatherings, commercial park,
resort agriculture-related business; sanitary landfill; recreational support facilities,
Mass Transit Facility (added 2OO2-12)
Accessory dwelling unit meeting the standards in Section 5.03.021 for any lot no
created after a public hearing or meeting after7l95.
We have also provided two copies of the following required documents and payment:
o Attachment 1: The deed to the real properties owned by OXY which would be affected by
this text amendment;
o Attachment 2: Legal descriptions of the real properties owned by OXY which would be
affected by this text amendmen|
o Attachment 3: Copies of the County Assessor's Maps of the real property owned by OXY
which would be affected by this change. The areas are generally known as OXY's
Cascade Creek acreage.
o Attachment 4; A completed "Agreement for Payment" form;
o Attachment 5: The completed and signed Text Amendment Application.
In the extraction industry, it is frequently necessary for workers to spend long, hard
hours in very remote locations most of which are in within Garfield County's Resource/Lands
ZoningDistricts. OXY's employees and independent contractors may work shifts at locations
more than 90 minutes from the nearest paved road. Many of these workers may live in Grand
Junction or in other locations 60 to 90 minutes further away.
communication facility, corections facility, shooting range facility, camper park
the energy extraction industries. (A 97-60; 98-108; 99-025)
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March l7,2006
Page 3
providing temporary quarters near rigs eliminates these long commutes for tired
workers therebylmprouirrg safety for OXY's extraction workers and for individuals living on
the routes to the extraction operations. Temporary quarters in these Districts would also
reduce a large range of traffic and environmental impacts. For example, OXY believes trips
along County Roads 204 and, 213 would be reduced significantly. This will have
corresponding beneficial effects of reducing air pollutants, dust and impacts to roads. A more
detail;d discussion of the benefits is contained in OXY's Application for a Special Use Permit
filed on the same date of this Application, and incorporated herein by reference.
Provision of these facilities is vital to maintaining the health, safety and welfare of
extraction workers and county residents. We respectfully urge the county to acknowledge the
long established, tried and true, practice of utilizing temporary quarters for extraction workers
by approving the proposed zone text amendments.
If you or Garfield County staff have any questions regarding this application, please
contact me at 970-263-361t.
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Exhibits for the Zone District Text amendments for Access Routes, Public Hearing held
on June 5,2006.
A Proof of Publication
B Garfield County Zonrng Regulations of 1978, as amended.
C Garfield County Comprehensive Plan of 2000
D Proiect Information and Staff Comments
E Oxy application for text amemendment
F Letter from the Town of De Beque dated 5/24/06
G
Dxhibit Letter
(A,to Z)
f,xhibit
ilxntetr
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REOUEST:
APPLICANT:
o
BOCC
PROJECT INFORMATION AND STAFF COMMENTS
6t54106
MLB
To add the term "camper park for the purpose of
providing temporary quarters to employees and
contractors of the energy extraction industries"
as a Special Use to Sections 3.10.01, 3.10'03 and
3.10.04 of the Garfield County Zonrng
Resolution of 1978, as amended
OXY USA WTP LP
I.PROPOSED AMENDMENT
The applicant is proposing to amend Sections 3.10.01, 3.10.03 and 3.10.04 to add "camper park for
the purpose of pioviding iemporary quarters to employees and contractors of the energy extraction
industries" as a Special Use in all of the Resource Lands zone districts in which a camper park is not
presently allowed. Presently, the applicant has drilling operations on their property in an area
ioned Resource Lands/ Plateau. Because the area is so remote, non-essential drill rig workers have
to travel 90 minutes from the paved roads and then additional time to their houses on a daily basis.
The applicant would like to propor" small man-camps with camper vehicles to house the workers
during their shifts on the rig, Uut the existing regulations do not have provisions for that type of
housing.
MAJOR ISSUES AND CONCERNS
A. Zon\ns: The existing zoning resolution language defines a camper park as follows:
2.02.11 Camper Park: Any lot which has been designed, improved or used for the parking of
two (2) or more camper vehicles and./or tent campers for human habitation.
2.02.12 Camper Space: A plot of ground within a camper park designed for accommodation
of one (1) camper vehicle or tent.
2.02.13 Camper Vehicle or Trailer: Any vehicle or portable structure designed to be
transported on, or towed behind, a vehicle and designed to permit temporary occupancy as
living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower.
A camper park is allowed in the Resource Lands/ Lower Valtey Floor zone district as a
Special Use, which requires an application to meet the standards contained in Section 5.02 of
the Zoning Resolution. Ca.rrp"r parks are not presently allowed in the other sections of the
R/L zone district. "Camper Park for the purpose of providing temporary quarters to
employees and contractors of the energy extraction industries" will be reviewed using the
1
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B.
"#;"T::3ffi ;ffi ,T"ry.'i,T3L:[]'.:ff ;:;S"l,XJ*ff J'Uedtouseonrvbv
Agency Comments: The Town of De Beque submitted a letter expressing concern about the
impacts of a "Camper Park for the purpose of providing temporary quarters to employees and
contractors of the energy extraction industries" to the proposed zone districts. While staff
understands the concerns expressed in the letter, those concerns are more appropriately dealt
with in the actual site specific application being made for such facilities on their property.
The proposed text amendment will not just affect the applicant's property, it will allow any
company or person having land zoned R/L (Plateau, Escarpment and Lower Valley Floor) to
make application for this type of camper park. Staff will address the site specific issues as a
part of the Special Use permit application review.
Staff Comments: Until recently, the County was unaware of the practice of allowing energy
industry workers to bring RV's and other types of sleeping accommodations to a drill site.
This is a violation of the County's Zoning Resolution and a number of companies have been
notified of the violation. As a result, County staff has met with energy company
representatives to discuss possible solutions to this issue. It was agreed that there are certain
essential personal such as the rig foreman, geologists and other similar personnel are exempt
from the County zoning requirements and are covered under the Colorado Oil and Gas
Conservation Commission (COGCC) drilling permit as essential personnel. All other non-
essential personnel are not considered to be exempt from the County's zoning requirements
that require a land owner to obtain some kind of land use permit for residential uses on the
property.
The energy industry is drilling in remote areas in the west end of the County, that require
employees to drive an hour and a half or more one way, to get to a drill site in good weather.
After working a long shift, the drive can be very dangerous due to weather caused road
conditions, winding roads and exhaustion from the shift. Having the ability to sleep on site
will improve the workers safety, both on and off the drill site. The proposed amendment is
a solution to the needs of the companies that do seasonal work and are not proposing a
permanent site to house employees. A camper park occupant is limited to a maximum of
120 days per year in any one camper park or combination of camper parks in the County. It
witl be necessary to come up with a better solution to deal with companies that want to create
longer term "man camps" for their non-essential personnel.
RECOMMENDED FINDINGS:
1. The hearing before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted, and that all interested parties were heard at the
hearing.
2. The application submitted met the requirements of Section 10 of the Garfield County zoning
Resolution of 1978, as amended.
3. That the proposed Zone District Text Amendments are consistent with the Garfield County
Comprehensive Plan goals, objectives and policies.
4.That for the above stated and other reasons, the proposedZone District text amendments are in the
best interest of the health, safety, morals, order, convenience and welfare of the citizens of Garfield
County.
C.
il.
IV. RECOMMENDATION
The Planning Commission recommended APPROVAL of the amendment of Sections 3.10.01,
3.10.03 and 3.10.04 to add "camper park for the purpose of providing temporary quarters to
employees and contractors of the energy extraction industries" as a Special Use
f l4-"- a-7rr/a- - /tr Ln'w'
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TO WN OF DE BEQUE
ll4ay 24,2006
Chairman PhilVaughn
Garfi eld County Planning Comm ission
108 8th St, Suite 401
Glenwood Springs, CO 81601
Honorable Chairman Vaughn & Members of the Planning Commission
The Town of De Beque is writing to provide input to Garfield County about the proposed
text amendment from Occidental Petroleum to Sections 3.10.01, 3.10.03 and 3.10.04 of the
Garfield County ZoningResolution 1978, as amended. The proposed amendment is intended to
allow "Camper Park" as a special use in the Resource/Lands Zone District.
It is the Town's understanding that Occidental Petroleum is proposing this text amendment to
allow for "temporary quarters for extraction workers." The amendment would allow for some
number of employees to reside at or near remote drilling sites or other energy extraction locations
in order to minimize daily vehicle trips to the employee's places of residence. It is also our
understanding that the intent is to allow workers to stay on site for some undefined period during
the mineral extraction process.
De Beque recognizes the benefits of this type of remote residency at drilling or extraction
locations. We concur with the comments in the application that the proposed use should reduce
the daily and lengthy (90 minutes +) trips on Garfield County Roads 204 and 213. Access to
both of these roads is from Mesa County Road 45 that runs directly through DeBeque.
The Town of De Beque is the closest municipality to these proposed camper park sites.
Additionally, the De Beque Fire District is the closest firelambulance response agency to these
sites. lt is not clear from the application whether some or all of these camper park sites will be
located outside the fire district boundaries. ln any case, it is likely that the De Beque Marshal's
Office will be called upon as first law enforcement responders to these locations. Similarly, the
De Beque Fire District will be called to respond to fire and/or emergency service situations at the
proposed camper parks.
Presently, De Beque has two marshals that are obligated to provide law enforcement within
the municipal boundaries. These law enforcement officers are expected to respond to calls in
town during their regular work hours and when they are off-duty. The De Beque Fire District
formation was recently approved by the voters. However, the proposed mill levy to fund the
District was defeated. As a result, the Fire District does not have sustainable funding and is
presently supported by the Town of De Beque and donations made by various parties including
Occidental Petroleum. The Town will be working to remedy this situation in November with
another ballot question. Until then, the District must operate on very limited finances.
Response time by the Garfield County Sheriffs Department to law enforcement problems or
emergencies at these camper park locations is likely to be in the range of one or two hours or
longer. The Town of De Beque and the De Beque Fire District are willing to discuss the options
EXHIBIT
a May 24,2006
for providing law enforcement & fire/emergency response to incidents at the drilling/extraction
locations. However, a necessary ingredient to these discussions is an intergovernmental
agreement between the Town and Garfield County for the services. Because of the Town and
Fire District's limited budgets, reimbursement for these services (out of District services in the
case of the Fire District) is a necessary component. Obviously, other provisions would need to
be included in the agreement to ensure that all parties remain "whole". This agreement is
particularly important because most, or all, of the activities will take place in another county
(Garfield).
The Town hopes that prior to any final action on the text amendment that Garfield County
will conclude negotiations on a mutually satisfactory intergovernmental agreement with the
Town of De Beque and the De Beque Fire District. The Town looks forward to working with
Garfield County on this cooperative agreement.
Davis Farrar
Town Administrator
Cc: Donald Cramer - Mayor
Ed Sands -'Ibwn Attorney
Sincerely,
BOx 60. DE BEQUE,
PHONE 970-283-5475
coLoRADO. 81630
. FAX: 970-2 83-5205
PROJECT INFORMATION AND STAFF COMMENTS
PC 5t24t06
MLB
To add the term "camper park" to Sections
3.10.01, 3.10.03 and 3.10.04 of the Garfield
County Zonrng Resolution of 1918, as amended
OXY USA WTP LP
REOUEST:
APPLICANT:
L PROPOSED AMENDMENT
The applicant is proposing to amend Sections 3.10.01,3.10.03 and 3.10.04 to add "camper park for
the purpose of providing temporary quarters to employees and contractors of the energy extraction
industries" as a Special Use in all of the Resource Lands zone districts in which a camper park is not
presently allowed. Presently, the applicant has drilling operations on their property in an area
zoned Resource Lands/ Plateau. Because the area is so remote, non-essential drill rig workers have
to travel 90 minutes from the paved roads and then additional time to their houses on a daily basis.
The applicant would like to propose small man-camps with camper vehicles to house the workers
during their shifts on the rig, but the existing regulations do not have provisions for that type of
housing.
MAJOR ISSUES AND CONCERNS
A. Zoning: The existing zoning resolution language defines a camper park as follows:
2.02.11 Camper Park: Any lot which has been designed, improved or used for the parking of
two (2) or more camper vehicles and/or tent campers for human habitation.
2.02.12 Camper Space: A plot of ground within a camper park designed for accommodation
of one (1) camper vehicle or tent.
2.02.13 Camper Vehicle or Trailer: Any vehicle or portable structure designed to be
transported on, or towed behind, a vehicle and designed to permit temporary occupancy as
living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower.
A camper park is allowed in the Resource Lands/ Lower Valley Floor zone district as a
Special Use, which requires an application to meet the standards contained in Section 5.02 of
the Zoning Resolution. Camper parks are not allowed in the other sections of the R/L zone
district.
B. Staff Comments: Until recently, the County was unaware of the practice of allowing energy
industry workers to bring RV's and other types of sleeping accommodations to a drill site. This is a
violation of the County's ZoningResolution and a number of companies have been notified of the
1
II.
violation. As a result, Courfaff has met with energy company ."prehrurives to discuss possible
solutions to this issue. It was agreed that there are certain essential personal such as the rig foreman,
geologists and other similar personnel are exempt from the County zoning requirements and are
covered under the Colorado Oil and Gas Conservation Commission (COGCC) drilling permit as
essential personnel. All other non-essential personnel are not considered to be exempt from the
County's zoningrequirements that require a land owner to obtain some kind of land use permit for
residential uses on the property.
The energy industry is drilling in remote areas in the west end of the County, that require employees
to drive an hour and a half or more one way, to get to a drill site in good weather. After working a
long shift, the drive can be very dangerous due to weather caused road conditions, winding roads and
exhiustion from the shift. Having the ability to sleep on site will improve the workers safety, both
on and off the drill site. The proposed amendment is a solution to the needs of the companies that
do seasonal work and are not proposing a perrnanent site to house employees. A camper park
occupant is limited to a maximum of 120 days per year in any one camper park or combination of
camper parks in the County. It will be necessary to come up with a better solution to deal with
companies that want to create longer term "man camps" for their non-essential personnel.
RECOMMENDED FINDINGS:
1. The meeting before the Planning Commission was extensive and complete, that all pertinent facts,
matters and issues were submitted, and that all interested parties were heard at the hearing.
2. The application submitted met the requirements of Section 10 of the Garfield County zoning
Resolution of 1978, as amended.
3. That the proposed Zone District Text Amendments are consistent with the Garfield County
Comprehensive Plan goals, objectives and policies.
4. That for the above stated and other reasons, the proposedZone District text amendments are in the
best interest of the health, safety, morals, order, convenience and welfare of the citizens of Garfield
County.
IV. RECOMMENDATIOIiI
The Pianning Commission recommended APPROVAL of the amendment of Sections 3.10.01,
3.10.03 and 3.10.04 to add "camper park for the purpose of providing temporary quarters to
employees and contractors of the energy extraction industries" as a Special Use
s/ur/fu4 - /",-^ a4,p,ly/-cA*U// - z/'
II.