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HomeMy WebLinkAbout1.0 Applicationf Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION 0 Administrative Review 0 Development in 100 -Year Floodplain 0 Limited Impact Review (3 Development in 100 -Year Floodplain Variance ■ Major Impact Review 0 Code Text Amendment Amendments to an Approved LUCP ■ Rezoning LIR ■ MIR ■ SUP IN Zone District[] PUD 1 PUD Amendment ■ Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review 0 Areas and Activities of State Interest • Comprehensive Pian Amendment 0 Accommodation Pursuant to Fair Housing Act • Pipeline Development 0 Variance ■ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: OXY USA WTP LP Mailing Address: 760 Horizon Drive, Suite 101 City: Grand Junction E-mail: Chris_Clark@OXY.com Representative (Authorization Required) Name: Katy Middleton and Blair Rollins Mailing Address: 760 Horizon Drive, Suite 102 City: Grand Junction Phone: (970)263-3607 State: CO Zip Code: 81506 State: CO Zip Code: 81506 E-mail:middleton_kathieen@yahoo.com Phone: (970)985-8240 PROJECT NAME AND LOCATION Project Name: Pond 13 East and Pond 13 West (Pond 13 E/W) Water Impoundment Assessor's Parcel Number: 2 1 6 9- 0 4 4— 0 0— 0 0 3 Physical/Street Address: 15 miles North of DeBeque, Colorado Legal Description: NE1/4SWE1/4 Section 4, Township 6 South, Range 97 West, 6th P.M. in Garfield County, Colorado Zone District: Resource Lands — Plateau Property Size (acres): 640 acres Existing Use: Existing Two Water Impoundments (Pond 13 East and Pond 13 West) and Storage Sites Proposed Use (From Use Table 3-403): Water Impoundment and Storage Sites Description of Project: The subject application Is for an amendment to the approved LUCP (Resolution 2014-17), signed January 20, 2014. The Applicant requests the removal of COA 116, which states the requirement of well permits for three proposed monitoring wells. The original application for the subject water impoundment stated that three monitoring wells would be Installed to monitor water quality. The Garfield County LIR and the COGCC Form 28 were submitted concurrently. The Applicant had anticipated a request from COGGC for three monitoring wells and the proposed locations were included In both submittals. COGCC has reviewed the application and determined that surface water sampling, not ground water, would be a mare efficient sampling location. Monitoring wells would not be required for this project, therefore, no well permit would be obtained. REQUEST iFORWAN S Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner .1 ul y 9, 2015 Date FOFCLIUSEOLY File NumberLP r, ti - Fee Paid: $ '2,(Y) ) �� July 9, 2015 Garfield County - Community Development Department Attention: Kathy Eastley 108 8th St Suite 401 Glenwood Springs, CO 81601 Subject: Application for Amendment to an Approved LUCP for the OXY USA WTP LP Water Impoundment 13E and 13W (Resolution 2014-07) Dear Kathy: The application is for an amendment to the approved LUCP (Resolution 2014-17), signed January 20, 2014. The Applicant requests the removal of COA #6, which states the requirement of well permits for three proposed monitoring wells. COA #6) Prior to issuance of the Land Use Change Permits the Applicant shall provide copies of the well permits related to the three monitoring wells for the site. The original application for the subject water impoundment stated that three monitoring wells would be installed to monitor water quality. The Garfield County LIR and the COGCC Form 28 were submitted concurrently. Applicant had anticipated a request from COGGC for three monitoring wells and the locations and proposed locations were included in both submittals. COGCC has been reviewing the Form 28 request over the last year and determined that surface water, not groundwater, would be a more effective sampling location. OXY and COGCC concluded: • Installation of groundwater wells within the immediate vicinity of the creeks will not characterize potential impacts any different than down -gradient surface water monitoring will achieve R Down -gradient surface water is available in the immediate area of the proposed locations provided by seeps and springs • Installation of groundwater wells could provide connectivity to groundwater for potential impacts during well installation A letter from COGCC about surface water locations and proposed surface water sampling locations are included in the subject application. Thank you and please let me know if you have any questions or require additional information. Sincerely, Katy Middleton Blue Sky Permitting and Planning, LLC (970) 985-8240 Applicant: OXY USA WTP LP 760 Horizon Drive Suite 101 Grand Junction, CO 81506 (970) 263-3607 OXY USA W I`P LP Pond 13 E/W COA May 6, 2015 COLORADO Oi3 & Gas Conservation Commission Department of NatuFra1 Resources 1120 Lincoln Street, Suite 801 Denver, CO 80203 Mr. Blair Rollins OXY USA WTP LP 760 Horizon Drive Suite 101 Grand Junction, Colorado 81506 Re: Groundwater/Surface Water Sampling Requirements Facility ID #436570, Pond 13 East and West Pit Facility ID: 414403 and 414404 Location ID: 335849 OXYUSAWTPLP NESE and SESE, Section 4, T6S, R97W, 6`h PM, Garfield County, Colorado Dear Mr. Rollins: Based on the review of site information and data provided by OXY USA WTP LP (OXY), it is the Colorado Oil and Gas Conservation Commissions (COGCCs) opinion that surface water monitoring will suffice and monitoring wells will not be required as they relate to this project. Surface water samples shall be analyzed for: total petroleum hydrocarbons (diesel and gas range organics), benzene, toluene, ethyl -benzene, xylenes, pH, specific conductance, total alkalinity, total dissolved solids, bromide, chloride, fluoride, nitrate, nitrite, sulfate, calcium, iron, magnesium, manganese, potassium, selenium, and sodium. Should you have any questions, please contact me at 303-894-2100 extension 5138. Sincerely, Alex Fischer, P.G. Environmental Supervisor -Western Colorado Cc: Stephen C. Jenkins, P.E., C.P.E.S.C. North Central Area Engineer P 303.894.2100 F 303.894.2109 www.colorado.gov/cogcc Commissioners: Thomas L. Compton • Chairman, Richard Alward, John H. Benton, DeAnn Craig, James W. Hawkins, Tommy Holton, Andrew L. Spielman, Mike King, Dr. Larry Wolk John W. Hickenlooper, Governor 1 Mike King, Executive Director, DNR 1 Matthew J. Lepore, Director OXY USA WTP LP DXY 760 Horizon Drive, Suite 101 Ihapel Grand .function, CO 81506 f f a '/1 Figure 9 - Pond 13E/W Proposed Monitoring Location Map Revised: 5/6/2015 Garfield County, Colorado 0 0.08 0.16 0.24 0.32 0.4 \ _ Miles 40- Proposed surface water monitoring location 0 Pond 13 EJW Complex �� Oxy Responsible Road 1111 Ric/MVO KM lid iffiltrhEi ILW 1N5 Ili 11 11 1 Recept iontt : 856168 11119/2014 04:23.54 PM Jean Alberlco 1 of 3 Roc Fee:$0,00 Doc Fee 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 17th day of November, 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ailh g A RESOLUTION TO GRANT A ONE YEAR TIME EXTENSION TO THE APPROVAL OF THE OXY USA WTP LP POND 13 EAST AND POND 13 WEST PRODUCED WATER IMPOUNDMENTS AND STORAGE TO SATISFY CONDITIONS OF APPROVAL PRECEDENT TO ISSUANCE OF A LAND USE CHANGE PERMIT. THE SITE IS LOCATED IN THE NE 1/4 SE I/ SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2169-044-00-003 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 17th day of November, 2014, the Board considered whether a request to extend the one-year timeframe in which the Applicant is required to satisfy conditions of approval for Produced Water Impoundments and Storage should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. 1 agog - 1111 11111 Reeeptiontt: 856168 11!19!2014 04:23:54 PM Jean Alberlco 2 of 3 Rec Fee SO 00 Doc Fee:0.00 GARFIELD COUNTY CO D. The request for the Pond 13 East and Pond 13 West Produced Water Impoundments and Storage was approved by the Board on the 20th day of January, 2014 under Resolution No. 2014-07 for real property owned by OXY USA WTP LP as described in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the 2013 Garfield County Land Use and Development Code, as amended (LUDC) the Applicant was required to satisfy conditions of approval and obtain a Land Use Change Permit prior to January 20, 2015. F. In accordance with the LUDC the Applicant filed a request for an extension of the timeframe to satisfy conditions of approval for the Pond 13 East and Pond 13 W Produced Water Impoundments and Storage. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The request for extension of the timeframe to satisfy conditions of approval is consistent with the requirements of the LUDC. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a one year extension to satisfy conditions of approval is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the requested one year extension to satisfy conditions of approval until January 20, 2016. The motion was approved by a vote of 3-0. Dated this 17 day of dV A.D. 2014. ATTEST: GARFIELD COUNTY BO OF COM II'SIONER`, GARFIELD COUNTY, COLORADO Crk of the Board uuI FA IM iwL IVC I'MIIll inn iihUlirir tl II I Reception#: 856168 31 or 3z Ree Fee:$0s00PDoo,Fee:0 ,00 GRRFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2014. County Clerk and ex -officio Clerk of the Board of County Commissioners 3 ■III 111i+"1F.1 .41'h'`NI+. [+1,10ylti#thl 1 210' 11111 Receptiontt° 845914 02103 2014 03 29 t9 P11 Jean illberleo } of 5 Rea Foe SO OO Doe Fee 0 OO GGRFFELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 20th day of January A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Jean Alberico (absent) Andrew Gorgey (absent) , Commissioner Chairman , Commissioner , Commissioner County Attorney , Clerk of the Board • County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 4-07 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR TWO WATER IMPOUNDMENTS KNOWN AS 13E AND 13W, AND STORAGE OF MATERIAL, EQUIPMENT AND SUPPLIES ON A SITE OWNED BY OXY USA WTP, LP. THE 640 -ACRE SITE IS LOCATED IN SESE ils SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 6"t P.M., GARFIELD COUNTY PARCEL NO# 2169-044-00-003 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit for two existing Water Impoundments, and two proposed Storage areas for material, equipment and supplies. This approval allows operation of the facility to store a maximum of 121,480 BBLs of produced water in the two water impoundments and storage area not to exceed 3.03 -acres within the 21.47 -acre project area as shown in the site plan attached as Exhibit A. B. This facility is located within a 640 -acre parcel of land owned by OXY USA WTP, LP as described in a General Warranty Deed at Reception Number 713681 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the Town of DeBeque. 1 1111 Mrd Lt IWI' M«11t1! 10,TJ1 111.1111, 11'4, 11 111 Reeeptlonti: 845914 02!0312014 03 29 19 FK Joan Alberico 2 of 5 Rec Feu SO 00 Occ Fee 0 00 GARFIELD COUNTY CO D. Water Impoundment and Storage may be permitted in the Resource Lands (Plateau) zone district with Limited Impact review, E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the 2013 Land Use and Development Code. F. The Board of County Commissioners opened a public hearing on the 16th day of December, 2013 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners continued the public hearing to the 20th day of January, 2014 to obtain and review additional information related to the request. H. The Board of County Commissioners continued the public hearing on the 20th day of January, 2014 at which time additional information was considered to determine if the Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. L The Board of County Commissioners closed the public hearing on the 20th of January, 2014 to make a final decision. J. The Board on the basis of substantial competent evidence produced at the aforementioned hearings, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that ail pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, and upon compliance with conditions of approval, the Land Use Change Permit for two (2) Water Impoundments, 13E and 13W, and Storage of Equipment, Material and Supplies, is in the best interest of the health. safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application is in general conformance with the Comprehensive Plan 2030, as amended. 5. That, upon compliance with conditions of approval, the application is in conformance with the 2013 Land Use and Development Code. 2 ■III I�'�1K1 1 '1�G��IL1 +L 1aj »I'��I��� ��C�+hP ?'Jl���h Yl,l�� 1I 111 Reception#: 845914 02 03t201a 03 29 15 PM Jean 111borica 3 01 5 Rec Fee SO 00 Occ fee 0 00 GQRFTELO CO 'NTY ,_'.) RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a for two (2) Water Impoundments. 13E and 13W, and Storage of Equipment, Material and Supplies is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application and public hearing shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the facility shall operate in compliance with all applicable Federal, State. and local regulations governing the operation of this type of facility. 3. The land use change permit is for two water impoundments, 13E and 13W, not to exceed 3.3 - acres in size and storage capacity not to exceed 121,480 Barrels of produced water. In addition, the 21.47 -acre project area is approved for two storage facilities as indicated on the approved site plan for a total arca of 3.03 -acres. No hazardous material or fuel storage is permitted within the facility. Prior to Issuance of the LUCP 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a supplement to the Traffic Analysis utilizing the 2011 Road & Bridge Traffic Counts and updating the report as appropriate to include traffic generated by the storage areas. The supplement shall include a finding consistent with the current study that no additional traffic improvements are recommended or provide specific recommendations that the Applicant shall be required to comply with subject to review by Garfield County. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide written confirmation that all pipelines serving the facility have been properly permitted or are exempt from permitting requirements. 6. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of the well permits related to the three monitoring welts for the site. 7. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a statement by a qualified professional or representative of the Applicant confirming the adequacy of the access road to serve the site. A waiver from Article 7, Roadway Standards is approved pursuant to the approval criteria contained in Section 4-118 of the Land Use and Development Code, subject to compliance with the above requirement. 3 111IPrAMtl'hl1 f1'+0'i 4 1II1 Reeeptionll' 845914 02'03!70.4 03 29 19 P1 Jean Rlbe'Ico 4 of E. Rec Fwe EO 00 doe Fee 0 00 GARFIELD CO,.i1TY CO 8. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain the proper building permits for structures an the site, including existing/proposed fencing that shall consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried on -foot below grade level and extending a minimum of two -feet above grade capable of preventing small animals from entering between the gaps (gaps should be no larger than three -inches). 9. Prior to issuance of the Land Use Change Permit, the Applicant shall provide specifications and details for the proposed liners and leak detection systems of the ponds subject to review by Garfield County. 10. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a Drainage and Erosion Control Plan that includes analyzes the 21.47 -acre project area including sufficient detail to determine how site runoff is directed on the site and includes additional BMPs in areas of concentrated flow. This plan shall be reviewed for sufficiency by Garfield County. 11. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a signed and stamped Drainage Report prepared by an engineer that satisfies the requirements of Section 7-204 of the 2013 Land Use and Development Code and includes documentation on the source of the runoff calculation intensities as well plans indicating how water will drain around the impoundments and storage areas (including grading plans). The Applicant shall provide information related to how the levels in the ponds will be monitored and management concerning items such as active water level, precipitation, freeboard, overflow Ievel, etc. This information, once submitted shall be reviewed by Garfield County for compliance with code standards and BMP's. 12. Prior to issuance of the Land Use Change Permit the Applicant shall provide information regarding total amount of site disturbance related to proposed improvements and provide a revegetation security based upon $2,500.00 per acre of revegetated area if the amount of disturbance is greater than one-half (1/2) acre. 13. Prior to issuance of the Land Use Change Permit the Applicant shall provide a Soil Plan that provides for soil cover if any topsoil stockpiles will site exposed for a period of ninety days or longer. Wildlife Conditions 14. The Applicant shall comply with the following Colorado Parks and Wildlife recommendations regarding protection of wildlife: A. Night Lighting should be of the full -cutoff type and/or timed or otherwise minimized to reduce disruption to wildlife. 4 ■ill N1FA:1115A IN Pk NU 11111 Reception #: 845914 D2,03/2014 03 29 19 PM Jean Liberice 5 cf 6 Ree Fee SO 00 Lac Fee 0 CO GARFIELD COUNTY CO B. The Applicant shall install bear -proof trash containers at this facility and workers shall be advised that feeding bears is a prohibited activity. C. The wastewater pit(s) should be adequately protected to ensure that waterfowl and other birds are prevented — excluded -- from entering or coming in contact with water in the pit(s). Adequate protection may include netting (preferred by CPW and USFWS), RADAR triggering noise deterrents, floating cover, or other device that is a demonstrably proven method of avian deterrent. Unacceptable methods including flagging, floating 4 inch hollow plastic balls, decoy predators, or other sight deterrents, reflectors, strobe lights, or zon guns (sonic blast). See the USFW web page for additional guidance at http://www.fws.Bove/mountain-prairie/fontaminants/contaminants 1c.html D. Construction activities (on a daily basis, continuous, intermittent loud noise) such as heavy equipment operations (backhoes, bulldozers, generator, and heavy trucks) and or intensive human activities should occur outside of the time period from March 1 to June 30 to minimize impacts to greater sage -grouse production areas. Construction activities include earth moving and or pit liner removal or installation. E. CPW shall be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting, or fences. F. Following the completion of construction activities, newly exposed soils should be revegetated as soon as possible to prevent erosion and to reduce the likelihood of non- native plants becoming established in the area. Seed mix used for revegetation should be certified as weed -free and consist of native seeds from plants that are common to the area. G. To reduce the likelihood of truck — wildlife collisions, proper speed limits (<25 mph) should be posted and enforced on all service roads. Other 15. Any future air quality permits for this facility shall be provided to the County upon issuance by CDPHE. 16. The applicant shall conduct on-site weed inventory in the spring or early summer of 20I4 and provide the information to the County Vegetation Manager by June 30, 2014. Dated this 3 " day of f -ed ark , A.D. 20 /1/ 5 ATTEST; erk of the Board erk of the Board 1111 Kll'ir1E`tiT'fI,:thNIi ST W,11/11iti 11111 Recoption0; 845914 0210312014 03 29 :9 Pt". Jean 6lherico 6 of 6 Rec Feu $0 00 Coe few 0 00 GARFIELD COUNTY CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTYi,ORADO Upon motion duly made and seconded the f egoing R . u ion was ado+ d by the following vote; COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) Aye , Aye , Aye 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 1111 YiveirAMII PINK 411111 Reeeptlon#: 783258 03/15/2010 02:32:59 PM Jean Atberioo 1 or 1 Roo Fee:$11.00 Doo Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY Chris G. Clark, Regulatory Coordinator/Lead for OXY USA WTP LP, a Delaware limited partnership, and for OXY USA Inc., a Delaware corporation (jointly "Oxy"), 760 Horizon Drive, Grand Junction, Colorado 81506, is authorized to act on behalf of, and represent Oxy in all matters related to applications for special use permits, conditional use permits, administrative permits, limited impact review, major impact reviews, and land use change permits (and may execute such applications) submitted to Garfield County, Colorado until such time as Oxy files of record a statement that Mr. Clark no longer has such authority. Oxy acknowledges that when any such permits are issued by Garfield County, Colorado, the County may choose to file them of record and such permits may contain certain covenants that run with the particular lands identified in such permits. OXYUSAWTPLP By: OXY USA Inc., its general partner By: Name: William B. Roby Title: Vice President, Mid -Continent OXY USA Inc. By. L Name: William B. Roby Title: Vice President, Mid -Continent STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on this 5 day of March, 2010, by William B. Roby, Vice President of OXY USA Inc. a Delaware corporation on behalf of OXY USA Inc., a Delaware corporation and on behalf of OXY USA WTP LP, a Delaware limited partnership. My Commission Expire eJlitteivr/ M 4ovno Notary Public, State of Texas CHRISTINE M SANCHEZ My Commission Expires Jsiiy 2, 2013 OXY USA WTP LP DXY A subsidkary of Occidental Petroleum Corporation June 10, 2015 Ms. Tamm Allen Community Development Department Garfield County 108 8t Street, Suite 401 Glenwood Springs, CO 8160I 760 Horizon Drive, suite 101 Grand Junction, CO 81506 RE: Agent Authorization for OXY USA WTP LP and OXY USA Inc. permitting projects Garfield County, Colorado Dear Ms. Allen, OXY USA WTP LP and OXY USA Inc. (Oxy) authorizes Blair Rollins with Oxy and Katy Middleton with Blue Sky Permitting and Planning, LLC to act on behalf of and represent Oxy in matters to land use permitting projects located in Garfield County, Colorado. Please contact me if you have any questions, comments, concerns, or if you require additional information. I can be reached at 970.263.3607 or at Chris clark@oxy.com. Sincerely; Chris Clark Operations Oxy Mid -Continent 0610107 -CWT �lll 1 PAIN IN 11111 Reception#: 713681 1 of`/2006 6 Rec Fee4 p1312PM 1876 Fee 6645 GAMildred r FIELD COUNTY CO GENERAL WARRANTY DEED AND ASSIGNMENT Thomas F. Latham ("Latham"), ("Assignor"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Assignor, does hereby sell, assign, transfer, convey and set aver unto OXY USA WTP LP, a Delaware limited partnership, 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0506, ("Assignee"), and its heirs, successors and assigns, all of Assignor's rights, title and interests in and to the following, colledtively referred to in this General Warranty Deed and Assignment (the "General Warranty Deed") as the "Real Property". 1. All of Assignor's right, title and interest in and to the following described real property located in Garfield County, Colorado: Township 6 South, Rancte 97 West 6th PM, Section 3: Lots 6-11, 14-16, SW1/4, containing 573.08 Acres, more or less Section 4: Lots 10-15, E1/2SW1/4, SE114, containing 480 Acres, more or Tess including, but not limited to, all of Assignor's right, title and interest in: (1) rights-of-way, easements, road use agreements, rights of access, surface agreements, servitudes and similar interests acquired or used in connection with the above described real property; (11) timber; (iii) any contracts affecting the above described real property which are specified on Exhibit "A" attached hereto; (iv) any permits, authorizations, and licenses of any nature owned, held or operated in connection with the surface of the above described real property; (v) Redd Spring No. 2 located in SE1/4NW1/4 Section 3 T6S R97W, of the 6th P.M., being 1800' East of the West Section Zine and 1800' South of the North Section line. Source of water — Spring tributary of Little Creek which is a tributary of Light Gulch which is a tributary of Parachute Creek which is a tributary of the Colorado River, Amount of water — 0.009 c.f.s absolute; and Redd Spring No. 5 located in NE1/4SE1/4 Section 4 T6S R97W, of the 6th P.M., being 200' West of the East Section line and 3020' South of the North Section line. Source of water — Spring tributary of Little Creek which is a tributary of Light Gulch which is a tributary of Parachute Creek which is a Tributary of the Colorado River. Amount of water — 0.011 c.f.s. absolute; and (vi) all rights and privileges appurtenant to the above described real property, regardless of whether those rights and privileges appurtenant to the above described real property are specifically identified herein. 1 J 1101P1 Receptiontl. 713881 12/2112006 04 '4 52 Pi e ;876 P 0747 Mildred Plsdarl 2 of 6 Roc Fee $31 00 Cac Fee 613 45 GRRFI6L0 COUNTY CO 2. The Real Property does not include Assignor's right, title and interest, if any, in and to the subsurface of the Real Property, including, but not limited to: (1) any oil, gas, hardrock, and/or other minerals; (ii) rights-of-way, easements, roaduse agreements, surface agreements, servitudes and similar interests acquired or used in connection with the use of the subsurface of the Real Property; (iii) any other surface and subsurface water and water rights, belonging to, utilized for, or appurtenant 10 the Real Property, whether adjudicated or not adjudicated; and (iv) surface and subsurface sand and gravel (collectively referred to herein as the "Mineral Rights"). Assignor is assigning the Mineral Rights to the Assignee via a separate Quitclaim Deed. It is the intent of the Assignor to sell, assign, transfer and convey, and Assignee to accept and acquire, all of the Assignor's right, title and interest in the Real Property. TO HAVE AND TO HOLD the Real Property, with all its appurtenances, unto Assignee, its, heirs, successors and assigns, forever, subject to the following terms, covenants and conditions: 1. Conveyance Effective Date. This General Warranty Deed shall be effective as of the Closing Date, which occurred on j cc, i , ?-00 �► 2. Taxes. Assignor shall be responsible for all taxes relating to the Real Property prior to the Effective Date. Assignee shall be responsible for all taxes (exclusive of federal, state or local income taxes due by Assignor) relating to the Real Property from and after the Effective Date. 3. Ownership and Operations. Upon Closing, Assignee shall assume and perform all the rights, duties, obligations and liabilities of ownership of the Real Property, including without limitation: (i) responsibility for compliance with all applicable laws, ordinances, rules and regulations pertaining to the Real Property, and the procurement and maintenance of all permits required by public authorities in connection with the Real Property accruing after the Closing Date; and (ii) all other obligations assumed by Assignee under this Agreement. Assignor remains responsible for all rights, duties, obligations, and liabilities of ownership and operation of the Real Property which accrue before the Closing Date. 1 tordialfiviin NINKWCICIA IN 11111 Receptionri: 713681 1212112006 04 14 32 P11 8 1876 P 0748 IS,1dred Aledorf 3 of 6 Rec Fee $31 00 Dec Fee 68 45 GARFIELD Cowl.. Co 4. indemnities: a. Definition of Claims. As used in this General Warranty Deed, the term "Claims" means any and all losses, liabilities, damages, obligations, expenses, fines, penalties, costs, claims, causes of action and judgments arising out of, or related to, (i) breaches of contract; (ii) Toss or damage to property, injury to or death of persons, and other tortious injury; and (iii) violations of applicable laws, rules, regulations, orders or any other legal right or duty actionable at law or equity. The term "Claims" also includes attorneys fees and court costs resulting from the defense of any claim or cause of action within the scope of the indemnities in this General Warranty Deed. b. Application of Indemnities. All indemnities set forth in this General Warranty Deed extend to the officers, directors, employees and affiliates of the party indemnified, and cover the acts and omissions of the officers, directors, employees, contractors, successors, assigns, heirs, and trustees of the indemnifying party. c. Assionee's Indemnity. Assignee shall indemnify, defend and hold Assignor harmless from and against any and all Claims caused by, resulting from or incidental to: (1) the rights, duties, obligations and liabilities assumed by Assignee in Section 3 and pertaining to the Real Property; (ii) any obligations for broker's fees incurred by Assignee in connection with the purchase of the Real Property; (iii) any failure by Assignee to comply after Closing with applicable laws, ordinances, rules and regulations pertaining to the Real Property, and procure and maintain permits required by public authorities in connection with the Real Property; and (iv) the breach of any representation or warranty by Assignee. d. Assignor's Indemnity. Assignor shall indemnify, defend and hold Assignee harmless from and against any and all Claims caused by, resulting from or incidental to: (1) the rights, duties, obligations and liabilities retained by Assignor as stated in Paragraph 3; (ii) any failure by Assignor to comply with applicable laws, ordinances, rules and regulations pertaining to the Real Property prior to the Effective Date, and failure to procure and maintain permits required by public authorities in connection with the Real Property and (iii) the breach of any representation or warranty by Assignor. 5. General Warranty. Except for Permitted Encumbrances, Assignor covenants and warrants that he has good, marketable and indefeasible estate of inheritance in law, in fee simple, and that he has good right, full power and lawful authority to grant, bargain, sell and convey the same, that the Real Property is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except as otherwise provided for in this General Warranty Deed. Assignor shall and will WARRANT AND FOREVER DEFEND the above bargained Real Property in the quiet - 3 - 1111!01IlA,IhNVkE leill `f iC1 01+, 11111 Receptionl$. 713681 12:2112006 04 14 32 PM 8 t876 P 0749 Maldred At:dorf 4 of 6 Ree fee S31 OO Doc Fes 69 45 GARFIEL0 COUNTY CO and peaceable possession of the Assignee, its heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 6. Headinas for Convenience. Headings used herein are for convenience only and do not constitute part of this General Warranty Deed. 7. Successors and Assigns. The terms and conditions of this General Warranty Deed shall extend to and be binding upon the heirs, executors, administrators, successors of, or assigns of the respective parties hereto, and shall be covenants that run with the land. However, no assignment by any party shall relieve any party of arty duties or obligations under this General Warranty Deed. 31 8. Survival. Th terms and provisions of that certain Purchase and Sale Agreement, dated Octobe , 2006, by and between Karen Lee Latham and Ginger Latham, co -personal representatives of the Estate of Charles Harvey Latham, and Thomas F. Latham, Assignor, and OXY USA WTP LP, Assignee ("Purchase and Sale Agreement"), survive the execution and delivery of this General Warranty Deed and the transfer of the Real Property to Assignee. If Assignee sells or assigns all or a portion of the Real Property to a subsequent purchaser, the Purchase and Sale Agreement and all rights and obligations therein will remain in effect between Assignee and Assignor as to all of the Real Property, notwithstanding such sale or assignment. In the event of a conflict between the terms and provisions of this Genera! Warranty Deed, and the terms and provisions of the Purchase and Sale Agreement, the terms and provisions of the Purchase and Sale Agreement shall prevail. 9. Further Assurances. Assignor and Assignee agree to execute and deliver from time to time such further instruments and do such other acts as may be reasonably necessary to effectuate the intents and purposes of this General Warranty Deed. 10. Governing Law. This General Warranty Deed is governed by and must be construed in accordance with the laws of the State of Colorado excluding any conflicts - of -law rule or principle that might apply the law of another jurisdiction. 11. Defined Terms. Undefined terms herein are defined as those terms are defined in the Purchase and Sale Agreement. - 4 - ■Ill in WOK 1WP.11% 1f+ iLKIEV& Wi1I 111 Receptiontf : 713681 12/2112006 04 14 32 PI B 1875 P 0750 Mildred Aledorf 5 01 6 Rec Fee 531 00 Don Fee 68 45 GGRFIELG COUNTY CO IN WITNESS WHEREOF, Assignor has executed this General Warranty Deed on the date of the acknowledgments contained herein, said date to also be the Effective Date. "17lCeP141'd. 11°4 Thomas F. Latham STATE OF COLORADO ) )ss. COUNTY OF MESA ) The foregoing General Warranty Deed and Assignment was executed before me on this l s day of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: i o ti— 1 1�o ary Public 11111 MIRAfittIlislid fltfiiCliVIClP11111 Reception#: 713681 12.2112006 04 14 32 PM B 1876 P 0751 Mildred Alsdnrf 6 of 6 Roc Fee $31 00 Doc Feo 68 45 GARFIELD COUNTY CO EXHIBIT A (CONTRACTS AFFECTING REAL PROPERTY) Grant of Easements, dated May 31, 2004. by and between Thomas F. Latham and the Charles H. Latham Estate, Ginger Latham and Karen Latham, Co -Representatives, "Owner", and Williams Production RMT Company, "Grantee", dated May 31, 2004, and recorded at Book 1842, Page 15 of the real property records, Garfield County, Colorado 1111ViQ`RIVANII MT,1461.1411'.W11{014142fiI* 11111 cn114 726972 0802912007 11 56 CO AM 0. 1943 F: 0765 Jun Aiberico 1 or 3 Ric Fag 316 00 Doc Fie,13 00 GARFIELD COUNTY CO MINERAL QUIT CLAIM DEED THIS DEED, made this t' day of .-Ling , 2007, between JOHN RICHARD LATHAM, MARGARET K. LATHAM, JULX tektIEE COX, and THOMAS A. COX, Grantors, and OXY USA WTP LP, Grantee, whose a reds: 5 Greenway Plaza, Suite 110, Houston, Texas, 77046-0506, WITNESSETH, That the Grantors, for and in consideration of 510.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, and QUIT CLAIMED, and by these presents do remise, release, sell, and Quit Claim unto the Grantee, its successors and assigns, forever, all the right, title, and interest, claim, and demand which the Grantors have in and to the minerals, of whatsoever kind or nature, in, on, under, and that may be produced from the following described real property, together with all improvements, if any, situate, lying, and being in the County of Garfield and State of Colorado described as follows: Township 6 South, Range 97 West, 6th P.M. Section 3: Lots 9, 10, 11, 14, 15, 16 and SW1/4 Section 4: Lots 10-15, El/2SW1/4 and SEI/4 This Deed is made by Grantors in order to eliminate any cloud on title to the real property described above which might otherwise result (i) from that certain Deed dated July 1, 1987, recorded August 20, 1987, in Book 719, at Page 510, from Latham Ranches to Ruth Latham and, (ii) from that certain Deed dated July 21, 1987, recorded August 20, 1987, in Book 719, at Page 514, from Ruth Latham to the Grantors. TO HAVE AND TO HOLT) the same, together with all and singular the appurtenances and privileges attached thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantors have executed this Deed on the date set forth above. r `� .(fTdre— John Richard Latham, Grantor K. Latham, Grantor 1 Thomas A. Cox, Grantor 1111IRYr'.G'i+ illINI AltillilthieliNINWlid NM 11111 Reception$$ : 726872 06129/2007 11;55:00 AM 8r 1943 P: 0786 Jun A16erioo 2 of 3 Roc Fee:$16.00 Doc Fee0.00 GARFIELD COUNTY CO State of Colorado ) ) ss. County of : • C ) The foregoing instrument was acknowledged before me this .gth day of 'sante , 2007 by John Richard Latham, Grantor. My commission expires: 3.1$ "Q ,µ1++tNESS my hand and official seal. s 0 CO "� _ T y I�) gf.Cgi er County of ciNe5ck 0 • 0 7J Lr� D )41.0.6,1 4111106LRY PUB The foregoing instrument was acknowledged before me this VA 5 day of .1%h(14) , 2007 by Margaret K. Latham, Grantor. My commission expires: 3~I$ Dl .`...`.„ yA�'TNESS my hand and official seal. . r,.•`,,t... p `U {+. :p r- :p County of -'.a_ The foregoing instrument was acknowledged before me this Li day of Jove, , 2007 by Julys Anne Cox, Grantor. My commission expires: f�(a�1o9 WITNE Y: official seal. 0 ••,,•N.y.•j �. • FARINGTObi t. 07 MysJune bn Expires 2 NOT PUBLIC 11111 ' '1 IN 11111 Rscsption#: 726a72 06/29/2007 11:55;00 APS S. 1943 P. 0787 Jean Alberlco 3 of 3 RAC Fss:$16 00 Doc Fes 0 CO GARFIELD COUNTY CO State of Colorado County of,,e. ) )ss. The foregoing instrument was acknowledged before me this q day of AWL , 2007 by Thomas A. Cox, Grantor. My commission expires: (19 aoo9 WIT'NESS my hand and official seal. Jure 21,2009 NOT • ' Y PUBLIC 0610107-CWT Receptian#: 713683 12!2112006 04 14,32 PM 6 1675 P 6760 Tltldred Alcdort 1 of 4 Reo Fee $21 00 Doo Fee 0 60 CAgFIELO COIIHTY CO QUITCLAIM DEED AND ASSIGNMENT Karen Lee Latham and Ginger Latham, co -Personal Representatives of the Estate of Charles Harvey Latham ("Estate"), and Thomas F. Latham ("Latham"), ("Assignors"), for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Assignors, do hereby sell, assign, quitclaim and set over unto OXY USA WTP LP, a Delaware limited partnership, 5 Greenway Plaza, Suite 110, Houston, Texas 77046-0506, ("Assignee"), and its heirs, successors and assigns, all of Assignors' rights, title and interests in and to the following, collectively referred to in this Quitclaim Deed and Assignment (this "Quitclaim Deed") as the 'Mineral Rights". Mineral Rights. All of Assignors' right, title and interest, if any, in and to the subsurface of the below described real property (as further defined in that separate General Warranty Deed and Assignment, dated contemporaneously herewith), including, but not limited to: (i) any oil, gas, hardrock, and/or other minerals; (ii) rights-of-way, easements, roaduse agreements, surface agreements, servitudes and similar interests acquired or used in connection with the use of the subsurface of the below described real property; (Iii) surface and subsurface water and water rights, belonging to, utilized for, or appurtenant to the below described real property, whether adjudicated or not adjudicated; and (iv) surface and subsurface sand and gravel, in and to the following described real property located in Garfield County, Colorado (collectively the "Mineral Rights"): Township 6 South. Range 97 West 6`h PM, Section 3: Lots 6-11, 14-16, SW1/4, containing 573.08 Acres, more or less Section 4: Lots 10-15, E1/2SW1/4, SE1/4, containing 480 Acres, more or less and all rights and privileges appurtenant to the Mineral Rights, regardless of whether those rights and privileges appurtenant to the Mineral Rights are specifically identified herein. It is the intent of the Assignors to sell, assign and quitclaim, and Assignee to accept and acquire, all of the Assignors' right, title and interest in the Mineral Rights. TO HAVE AND TO HOLD the Mineral Rights, with all its appurtenances, unto Assignee, its, heirs, successors and assigns, forever, subject to the following terms, covenants and conditions: K•ILIVILATTOMILATHAM RANCIIESIEx C Oxy Quitclaim Decd.doc- 1 Return to; OXY USA WTP LP ATTN: GREG KOPEL 5 GREENWOOD PLAZA STE. 110 HOUSTON TX 77046-0506 L. 1111 11[1 ala tieltifiCkina JI 1111 Reception0 713683 1212112006 04 14 32 PM 3 1876 P 0761 Mildred Rlsdorr 2 of 4 Roc Fee $21 00 Doc Fee,0 00 GARFIELD COUNTY CO 1. Conveyance Effective Date. This Quitclaim Deed shall be effective as of the Closing Date, which occurred on-ec \s, Q 0 dca 2. Warranty Disclaimer. Assignors have not represented, and do not warrant, that either or both owns any right, title or Interest in the Mineral Rights. Assignee has requested Assignors to nonetheless sell, assign and quitclaim their interests in the Mineral Rights, if any, with the understanding that Assignors do not claim any right, title or interest in the Mineral Rights. Accordingly, Assignors quitclaim and assign the Mineral Rights to Assignee without any warranty of title, express or implied. This warranty disclaimer is not intended to modify or amend, however, Latham's general warranty contained in that separate General Warranty Deed and Assignment, dated contemporaneously herewith, and covering the "Real Property" as defined in that General Warranty Deed and Assignment and the Estate's special warranty contained in that separate Personal Representatives' Deed and covering the "Real Property" as defined in that Personal Representatives' Deed, 3. Headings for Convenience. Headings used herein are for convenience only and do not constitute part of this Quitclaim Deed. 4. Successors and Assigns. The terms and conditions of this Quitclaim Deed shall extend to and be binding upon the heirs, executors, administrators,. successors of, or assigns of the respective parties hereto, and shall be covenants that run with the land. However, no assignment by any party shall relieve any party of any duties or obligations under this Quitclaim Deed. 5. Survival. Theearms and provisions of that certain Purchase and Sale Agreement dated October. 2006, by and between Karen Lee Latham and Ginger Latham, co -Personal Representatives of the Estate of Charles Harvey Latham, and Thomas F. Latham, Sellers, and OXY USA WTP LP, Buyer ("Purchase and Sale Agreement"), survive the execution and delivery of this Quitclaim Deed and the transfer of the Mineral Rights to Assignee. If Assignee sells or assigns all or a portion of the Mineral Rights to a subsequent purchaser, the Purchase and Sale Agreement and all rights and obligations therein will remain in effect between Assignee and Assignors as to all of the Mineral Rights, notwithstanding such sale or assignment. In the event of a conflict between the terms and provisions of this Quitclaim Deed, and the terms and provisions of the Purchase and Sale Agreement, the terms and provisions of the Purchase and Sale Agreement shall prevail. 6. Farther Assurances. Assignors and Assignee agree to execute and deliver from time to time such further instruments and do such other acts as may be reasonably necessary to effectuate the intents and purposes of this Quitclaim Deed. K 1LIVILATTOMIlXTHAM RANCHES1Ex C Oxy Quitclaim Dced.doc- 2 - 111111 Idt0iiillEFINNN 1111 Recepti,onti • 713883 12/21/2006 04 14 32 P!1 0 1876 P 0762 Mildred Alsdorf 3 of 4 Rea Fee 321 00 Doe Fee 0 00 GARFIELD COUNTY CO 7. Qoverning Law. This Quitclaim Deed is governed by and must be construed in accordance with the laws of the State of Colorado excluding any conflicts - of -law rule or principle that might apply the law of another jurisdiction. 8. Defined Terms. Undefined terms herein are defined as those terms are defined in the Purchase and Sale Agreement. 9. Personal Representatives. The decedent, Charles Harvey Latham, in his lifetime made and executed his Last Will and Testament dated February 21, 2002, which Will was duly admitted to informal probate on April 28, 2004, by the District Court in and for the County of Mesa, State of Colorado, Probate No. 04 PR 116. Assignors were duly appointed Co -Personal Representatives of said Estate on April 28, 2004, and are now qualified and acting in said capacity. IN WITNESS WHEREOF, Assignors and Assignee have executed this Quitclaim Deed on the dates of the acknowledgments contained herein, said date to also be the Effective Date. Thomas F. Latham ESTATE OF CHARLES HARVEY LATHAM By: C4.1-yv _ 0("44-41:4-2--/ Karen Lee Latham By: Ginger . tham Co -Personal Representatives K..LIV\I.ATTOMkLATHAM RANCHES1E4 C Oxy Quitclaim Deed.doc- 3 - lI1I 11mih%11411411.10114111iftgliniKRI 11111 Reoeptlon$: 713683 1212112006 04 14.32 PM 8 1876 P 0763 Mildred Rlsdorl a of 4 Pec Fee $21 00 Ooe Fse 0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF MESA ) The foregoing Quitclaim Deed and Assignment was executed before me on this 1 day of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: lo-- z moi -1z STATE OF COLORADO ) )ss. COUNTY OF MESA ) o ary Public AE, The foregoing Quitclaim Deed and Assignment was executed before me on this 1 C day of -b ,! c e n.`ac r , 2006, by Karen Lee Latham and Ginger Latham as Go - Personal Representatives of the Estate of Charles Harvey Latham, Deceased, Assignors. WITNESS my hand and official seal. My commission expires: ! o K .L 1VILATTOMILATHAM RANCHESIF_u C Oxy Quitclaim DeetLdoc- 4 - Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.2arfield-countv.com ■ PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2169-044-00-003 DATE: July 9, 2015 PROJECT: OXY Pond 13 EastlWest and Storage OWNER: OXY USA WTP LP REPRESENTATIVE: Katy Middleton, Blue Sky Permitting PRACTICAL LOCATION: Section 4, T6S, R97W — North of DeBeque off of CR 213 TYPE OF APPLICATION: Amendment to Land Use Change Permit— Substantial Modification to remove condition #6 regarding well permits I. GENERAL PROJECT DESCRIPTION Application was made and conditional approval granted for two water impoundments and storage areas on a 640 -acre parcel of land zoned Resource Lands — Plateau. Resolution 2014-07 provides the conditions of approval including: Condition 6 — Prior to issuance of the Land Use Change Permit the Applicant shall provide copies of the well permits related to the three monitoring wells for the site. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: Section 4-101 Common Review Procedures and Table 4-102 Section 4-106 Amendments to an Approved Land Use Change Permit Section 4-201 Application Materials and Table 4-201 Section 4-203 Description of Submittal Requirements III. REVIEW PROCESS The process to accommodate these requests shall require an Amendment to the approval granted in Resolution 2014-07 process pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. Three (3) paper copies and one (1) CD C. Determination of Completeness. D. Schedule Public Hearing, provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies. F. Evaluation by Director/Staff resulting in a Staff Report to the Planning Commission. G. Public Hearing before the BOCC, resulting in a final approval, approval with conditions or denial. H. Resolution L Land Use Change Permit. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None Planning Commission X Board of County Commissioners Board of Adjustment Referral will be sent to the following agencies: County Attorney V. SUBMITTAL REQUIREMENTS A. General Application Materials: Deed of property, owner authorizations; SOA's if owners or representatives are corporations, LLC or trusts; adjacent owners map; names/mailing addresses of owners within 200', project narrative/description 4-203 B. B. Vicinity Map 4-203 C. C. Documentation regarding the COGCC determination that monitoring wells are not required at this facility. VL APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $300.00 Plus add'I Staff time at staff rate of $40.50 Referral Agency Fees: $ N/A Recordation: $ N/A Total Deposit: $300.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: July 10, 2015 Kathy Eastley, AICP Date OXY USA WTP LP Pond 13 E/W Mineral Owners for Parcel # 2169-044-00-003 Section 4, Township 6 South, Range 97 West OXY USA WTP LP 5 Greenway Plaza, Suite 110 Houston, TX 77046-0506 Mineral Owners Garfield County Amendment Application„ 2015 Page 1 of 1 2 1 OXY USA WTP LP faIT 760 Horizon Drive, Suite 101 MI6" Grand Junction, CO 81506 11 12 32 t 33 T4S R Vicinity Map - Pond 13 ENV Revised July 13, 2015 Garfield County, Colorado 0 1 2 3 4Miles 14 13 •- r ,. f- , 18 17- 16 `1 ; J 15 .TSS R98W- _4_:` p r -`T5S R97W'' 23 '24 19 20 I 21 - 29 25. 26 2C ` S4 32 216904400003 OXY USA INC 1 1,065 Acres 8 9 Pond 13 EIW Complex 17 Shy 11 12E- &=, 2E - SL 21 29 3 11 - 1 14 T7S R96W —� . 28, 30 T7S R97W-LL- ' 4 2 T8S R98W k 10 ; 1120 s"r15 iL L15r 14113 5 4 3 T8S R97W X49 - 76 I 9 I 10 8 174.L16, 1 3 0 0 Pond 13 EIW Complex Subject Parcel Boundary 3 -mile Subject Parcel Buffer Oxy responsible road Unimproved Public Road Gravel Public Road 4%* Paved Public Road f= -1t • 0 X Y USA WTP LP Ci ICY 760 Horizon Drive, Suite 101 Grand Junction, CO 81506 476 d l' T5S R97W_.. r Adjacent Parcel Revssed: July 14, 2015 0 1 Map - Pond 13 EIW Garfield County, Colorado 2 3 Miles 213529104068 213532160009 u Pond 13 ENV Complex T6S R98W 178 R98W IA ti41,1 ,y, eL3 Public Lands �L Oxy responsible road Unimproved Public Road Gravel Public Road r Paved Public Road Pond 13 ENV Complex Subject Parcel Boundary Resource Lands OXY USA WTP LP Pond 13 E/W Adjacent Landowners for Parcel # 2169-044-00-003 Parcel 213529100008 Chevron USA, Inc. ATTN: CHEVRON TEXACO PROPERTY TAX PO BOX 285 HOUSTON, TX, 77001 Zone District: Resource Lands Parcel 216904100951 Bureau of Land Management COLORADO RIVER VALLEY FIELD OFFICE 2300 RIVER FRONTAGE ROAD SILT, CO, 81652 Zone District: Public Lands Parcel 216921400026 OXY USA INC PO Box 27570 HOUSTON, TX, 77227-7570 Zone District: Resource Lands Parcel 216902200019 JOJO PROPERTIES LLC PO BOX 1926 RIFLE, CO, 81650 KOEHLER, DONNA J PO BOX 300 DEBEQUE, CO, 81630 PRATHER, RICHARD L, LYLE & NED PO BOX 165 DE BEQUE, CO, 81630-0165 Zone District: Resource Lands Parcel 216910100020 OXY USA INC PO Box 27570 HOUSTON, TX, 77227-7570 KOEHLER, DONNA J PO BOX 300 DEBEQUE, CO, 81630 JOJO PROPERTIES LLC PO BOX 1926 RIFLE, CO, 81650 Zone District: Resource Lands Adjacent Landowners Parcel 2169-044-00-003 Garfield County Amendment Application, 2015 Page 1 of 1 GARFIELD COUNTY ROADWAY STANDARDS ASSESSMENT POND 13 SITE ACCESS ROAD OXY USA WTP LP 760 Horizon Drive, Suite 101 Grand Junction, CO 81506 JUNE 2015 Table of Contents 1.0 CASCADE CREEK MESA EXTENSION ROAD 4 1.1 Scope 4 1.2 Mesa Extension Road 4 1.3 Average Daily Traffic Numbers 4 1,4 Road Description and Comparison 4 1.5 Mesa Extension Road Best Management Practices 5 1.5 Mesa Extension Road Best Assessment Conclusion 5 2.0 Access Roads - General; Approval Standards Narrative (Article 7 Division 107) 6 2.1 Introduction 6 2.2 Access to Public Right -of -Way 6 2.3 Safe Access 6 2.4 Adequate Capacity 6 2.5 Road Dedications 7 2.6 Impacts Mitigated 7 2.7 Design Standards 7 2.7.1 Circulation and Alignment 7 2.7.2 Intersections 8 2.7.3 Street Names 8 2.7.4 Congestion and Safety 8 2.7.5 Continuation of Roads and Dead -End Roads 8 2.7.6 Relationship to Topography 8 2.7.7 Erosion and Drainage 9 2.7.8 Commercial and Industrial 9 2.7.9 Emergency Access and Egress 9 2.7.10 Traffic Control and Street Lighting 9 2.7.11 Drainage Structures 10 2.7.12 Roadside Ditches ........10 List of Tables Table 1— Table 7-107 of the LUCP for Primitive/Driveway Access Roads Roadway Standards — Pond 13 Site Access Road List of Figures Figure -- Pond 13 Access Road Plan prepared by DR Griffin and Associates 1.0 POND 13 SITE ACCESS ROAD 1.1 Scope According to the Garfield County Land Use and Development Code (LUDC) Section 7-107 - Access and Roadways, all roads are required to be designed to provide "adequate and safe access" and reviewed by the designated County Engineer. The Cascade Creek Pond 13 EIW Water Impoundment Facility Road Assessment document summarizes the engineering controls and construction specifications associated with Oxy's Cascade Creek Pond 13 ENV Water Impoundment Facility (Facility), see attached Figure 1 - Overview Map. 1.2 Site Access Road Oxy's Site Access is a private access road existing on Oxy property to serve the Facility. The Site Access begins at the intersection of the Mesa Road on the edge of the Facility boundary, and the roadway is contained within the footprint of the Facility located in the NE 'A of the SE % of Section 4, Township 6 South, and Range 97 West of the 6th PM. The Site Access services both the water impoundments and the ancillary storage located on the southern portion of the Facility. The Site Access is typical of roads providing access to natural gas production facilities, compressor stations, and water impoundments in Garfield County, Colorado. 1.3 Average Daily Traffic Numbers Oxy has completed a traffic analysis which identified an estimated 14 vehicles visiting the Facility per day. Therefore the Site Access is classified as a Primitive/Driveway based on Table 7-107 of the Garfield County Land Use and Development Code. 1.4 Road Description and Comparison Based on the estimated vehicle traffic as identified in the attached traffic analysis, the following table compares Oxy's Pond 13 ENV Site Access to the Garfield County Roadway Standards found in Table 7-107 of the LUDC for Rural Access Roads: Table Desi ! n Standards 1 — 7-107: Roadway Standards Primitive / Driveway 0 - 20 Site Access Design Capacity (ADT) 14 Minimum ROW Width (Feet) 15 - 30 N/A Lane Width (Feet) Single Lane 12' 14' or$reater Shoulder Width (Feet) 0 0' or greater Ditch Width (Feet) 3 3 Cross Slope 2% 2% Shoulder Slope N/A N/A Design Speed N/A > 20' Minimum Radius (Feet) 40 < 40' Maximum % Grade 12% 10.6% or less Surface Native Material Native Material/Gravel Oxy's Site Access is located on private property, does not provide access to the general public, and therefore is not located within a ROW. All sections of the Site Access meet the Roadway Standards for single lane (12') width. D.R. Griffin and Associates designed the site to manage drainage and erosion control at the Facility. Ditches and sediment traps are constructed throughout the Facility to convey water safely around the Facility to dissipate away from the Site Access as planned in Oxy's Stormwater Management Plan. Due to the terrain of the Pond 13 ENV location and the associated Site Access, majority of the ditches within the Site Access do not comply with the required 3' ditch width. All turning radius within the Facility Road accommodate a minimum turning radius of 40 feet as established by the roadway standards. 1.5 Site Access Best Management Practices Oxy has implemented the following Best Management Practices (BMPs) to aid in providing adequate and safe access where Oxy's Site Access does not meet Primitive / Driveway Roadway standards. Limit access from public and only allowing authorized personnel to utilize the road Speed limit signs of 20 miles per hour or Tess. Speed limits are enforced by a private contractor throughout Oxy's Cascade Creek area. Uphill traffic has the right of way. This aids in reducing the amount of congestion along the roadway and allows for more efficient passage during inclement weather or busy times of the day. Oxy conducts 14 day stormwater inspections as well as post -precipitation inspections around the Facility and Facility Road. These inspections document the Facility and Facility Road and stormwater feature condition and document road maintenance issues needed for repair on a regular basis. Oxy completes regular maintenance of the Facility and Facility Road to include grading, snow removal, maintaining stormwater BMPs, and upgrading or improvements to the roadway identified during operation. During spring and winter, Oxy requires the use of chains on the Facility and Facility Road as a precautionary BMP. Additionally, Oxy maintains a website to allow contractors to monitor current site conditions and road alerts for requiring chains, or closed roads due to weather conditions. During dry periods and windy events, Oxy completes dust suppression using water and chemical suppressant (i.e. magnesium chloride) spreading to ensure safe visibility is not impaired during wind events. Details on dust controls are provided in Oxy's Dust Management Plan, located in the Pond 13 COA submittal packet. 1.6 Site Access Best Assessment Conclusion Given the on-going construction and maintenance activities completed by DIA Construction, BMP implementation and maintenance completed by DIA Construction and McIntyre Construction, and vehicle traffic volumes, Oxy has provided safe and adequate access to Oxy's employees and contractors utilizing the Facility and the Site Access Road. 2.0 Site Access Road - General; Approval Standards Narrative (Article 7 Division 107) 2.1 Introduction The following section addresses the requirements for the General Approval Standards under Article 7, Division 107 of the Garfield County Land Use and Development Code (LUDO). The information provided below in sections references each Section, language of the Garfield County Code, followed by Oxy's Comments as follows: 2.2 Access to Public Right -of -Way Al! lots and parcels shall have legal and physical access to a public right-of-way, The proposed site has legal access from an existing OXY Lease Road which is accessed by County Road 213. The proposed site will use the existing access that was established when the site location was originally developed. 2.3 Safe Access Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. The subject site access road was designed to provide safe access to the Cascade Creek Field. The access road has been assessed and certified by a professional engineer as safe and adequate for Primitive/Driveway standards. The subject access roads do not warrant improvements to County Roads, State, or Federal Highway standards. The site is accessed from an existing private access road and does not result in a significant increase to traffic on public roads. All roads located on the subject parcel are maintained by OXY to achieve optimal safety, including speed restrictions, regular road maintenance, and snow maintenance. The subject access road will adhere to Oxy's Fugitive Dust Mitigation Plan. Given the on-going construction and maintenance activities completed by DIA Construction and McIntyre Construction, BMP implementation and maintenance, and vehicle traffic volumes, Oxy has provided safe and adequate access to Oxy's employees and contractors utilizing the Site Access Road. 2.4 Adequate Capacity Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use .shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. Vehicles accessing the site will not result in an overall significant increase to current traffic. The proposed site will not cause congestion and unsafe conditions to the County, State, and Federal roadway systems. On average, 14 vehicles will access the site daily. Details on traffic statistics and recommendations are described in the Traffic Study. The private access road maintained and owned by Oxy is classified as Primitive/Driveway Access and is certified by a professional engineer as safe and adequate for the Primitive/Driveway access roadway standards. Given the on-going construction and maintenance activities completed by DIA Construction and McIntyre Construction, BMP implementation and maintenance, and vehicle traffic volumes, Oxy has provided safe and adequate access to Oxy's employees and contractors utilizing the Mesa Extension Road. 2.5 Road Dedications All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. The proposed site is located on private land and is accessed by a private road owned by the applicant. The site will not allow public access. A right-of-way road dedication is not applicable to the site. 2.6 Impacts Mitigated Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. Additional impacts to County roads are not anticipated. The access road use will not result in an overall significant increase to current traffic. Details on traffic statistics and recommendations are described in the Traffic Study. The site will adhere to Oxy's Fugitive Dust Mitigation plan. 2.7 Design Standards Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows to Table 7- 107. The Average Daily Traffic (ADT) for the proposed site is 14 vehicles. The site was assessed to meet the requirements of the Primitive/Driveway standards of Table 7-107 of the Garfield County LUDC. A professional engineer certified the access road to be safe and adequate following the rural access roadway standards (Table above). Given the on-going construction and maintenance activities completed by DIA Construction, BMP implementation and maintenance completed by DIA Construction and McIntyre Construction, and vehicle traffic volumes, Oxy has provided safe and adequate access to Oxy's employees and contractors utilizing the Mesa Extension Road. 2.7.1 Circulation and Alignment The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. The site will be accessed from a private road owned and maintained by the applicant. The Site Access road was designed to allow adequate and efficient internal circulation for trucks visiting the site. 2.7.2 intersections No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. Many well pad access roads intersect the private lease road, but no more than 2 intersect at 1 point. The Site Plan is included in this submittal. 2.7..E Street Names Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. A street name will not be given to the site access. The site is not accessed by a public road and the road does not allow public access to the site. The access will be classified as a Primitive/Driveway Roadway. 2.7.4 Congestion and Safety The road system shall be designed to minimize road congestion and unsafe conditions. The site has been designed to minimize road congestion and unsafe conditions. The site will be accessed from a private lease road and not a county or public road. The site will be accessed by an average of 14 contract vehicles a day and will not result in a significant increase to traffic. 2.7.5 Continuation of Roads and Dead -End Roads Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. The site is located on private property and will be accessed by a private lease road owned and maintained by the applicant. The subject parcel is in the Resource Lands zone district and not a populated area. The 7,732 acre subject parcel is located at the end of County Road 213. The site will not impede the movement of traffic. 2.7.,E Relationship to Topography Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right -of way in excess of the minimum standards set forth in this Code shall be required. The site has been assessed for the Roadway Standards and certified by a professional engineer to provide safe and adequate access to the site, included as an attachment to this submittal. 2.7.7 Erosion and Drainage The road system shall minimize erosion and provide for efficient and maintainable drainage structures. The access roads have been designed to minimize erosion and have been constructed with drainage features throughout the roads. The access roads are maintained to minimize erosion including regular road maintenance, stormwater BMP installation and inspection, and snow removal. Operational phase 14 day stormwater inspections and post -precipitation stormwater inspections are conducted along the entire roadway to ensure the roadway is in good operational condition. Maintenance and construction items are completed based on the drainage or the stormwater inspections. 2.7.8 Commercial and Industrial The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. The proposed site will not create conflict between vehicular and pedestrian traffic. The site is located on private property and is accessed by a private road operated and maintained by the applicant. Personnel on the site will work in areas of traffic. The site was designed to eliminate potential hazards to personnel and will allow safe and efficient traffic flow. Access roads are detailed in the Site Pian which is included as an attachment to this submittal. 2.7.9 Emergency Access and Egress Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. The access roads have been designed to provide emergency access and egress for personnel and emergency equipment. Emergency responses plans are detailed in the Emergency Response Plan, submitted in the original Pond 13 LIR application. 2.7.10 Traffic Control and Street Lighting Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. The site will not require traffic control devices or street lighting. The site is located on private property and is accessed by a private road operated and maintained by the applicant. Oxy implements a maximum roadway speed on the access roads of 25 miles per hour. Speed limits are enforced by a private contractor throughout Oxy's Cascade Creek area. The subject parcel is in the Resource Lands zone district and not a populated area. The 7,732 acre subject parcel is located at the end of County Road 213. 2.7.11 Drainage Structures Stomzwater mitigations have been implemented in the overall design of the access roads to allow for proper drainage of stormwater away from the roadway. 2.7.12 Roadside Ditches Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 -year, 24-hour storm event. The access roads have been designed based on topography to have at least one roadside ditch along any portion of the roadway. All water flowing in roadside ditches is diverted away from the road through adequate BMPs. The access roads are maintained to minimize erosion to include regular road maintenance, snow removal, stormwater BMPs, and stormwater inspections. May 6,2015 COLORADO O l b Gas Conservation Commission Department of Natural Resources 1120 Lincoln Street, Suite 801 Denver, CO 80203 Mr. Blair Rollins OXY USA WTP LP 760 Horizon Drive Suite 101 Grand Junction, Colorado 81506 Re: Groundwater/Surface Water Sampling Requirements Facility ID #436570, Pond 13 East and West Pit Facility ID: 414403 and 414404 Location ID: 335849 OXY USA WTP LP NESE and SESE, Section 4, T65, R97W, 6th PM, Garfield County, Colorado Dear Mr. Rollins: Based on the review of site information and data provided by OXY USA WTP LP (OXY), it is the Colorado Oil and Gas Conservation Commissions (COGCC5) opinion that surface water monitoring will suffice and monitoring wells will not be required as they relate to this project. Surface water samples shall be analyzed for: total petroleum hydrocarbons (diesel and gas range organics), benzene, toluene, ethyl -benzene, xylenes, pH, specific conductance, total alkalinity, total dissolved solids, bromide, chloride, fluoride, nitrate, nitrite, sulfate, calcium, iron, magnesium, manganese, potassium, selenium, and sodium. Should you have any questions, please contact me at 303-894-2100 extension 5138. Sincerely, Alex Fischer, P.G. Environmental Supervisor -Western Colorado Cc: Stephen C. Jenkins, P,E., North Central Area Engineer P 303.894.2100 F 303.894.2109 www.colorado.gov/cogcc Commissioners. Thomas L. Compton - Chairman, Richard Alward, John H. Benton, DeAnn Craig, James W. Hawkins, Tommy Holton, Andrew L. Spielman, Mike King, Dr. Larry Wolk John W. Hickenlooper, Governor I Mike King, Executive Director, DNR I Matthew J. Lepore, Director To: OXY USA WTP LP Piceance Mid -Continent Operations 760 Horizon Drive, Suite 101 Grand Junction, Colorado 81506 (970) 210-0275 Cell Memorandum April 12, 2015 Project: Pond 13 Extension Road "Adequacy"- Garfield County Colorado RE: OXY USA WTP LP; Cascade Creek Pond 13 EfW Water Impoundment Facility; Limited Access Review Mr. Michael Brygger, As discussed, Rock Solid personnel are intimately familiar with the Oxy Mid Continents Piceance Basin Road system. This Pond 13 Extension Road segment was designed and constructed by Oxy Mid - Continent starting in 2005 to access the location on the Roan Plateau in the Piceance Basin and has been operational since. This document has been prepared to support Oxy's Pond 13 Extension Road as adequate based upon an assessment by Oxy's Garfield County Roadway Standards Assessment, Pond 13 Extension Road report dated March 2015 to request waivers in accordance with Garfield County Policy 01-14. Oxy has conducted an extensive review and assessment of the Pond 13 Extension Road. Rock Solid has reviewed these documents and concur with their findings. In general, the roadway system is private, does not serve the general public and was constructed prior to issue of the latest GarCo LUDC Road Standards (Table 7-107). The Oxy, Garfield County Roadway Standards Assessment report dated March 2015 has identified several areas that do not meet the latest LDDC Road Standards. These areas are limited in extent and deviation from the updated LUDC criteria. Therefore, Oxy is requesting a "waiver" of section 7-107, F, Design Standards, in the limited areas defined in the Oxy document to avoid additional environmental impacts to the area. Like all roads, maintenance of the Pond 13 Extension Road is an on-going process, and this road segment is no exception. The road has been designed to provide access for drilling and service equipment for the oil & gas industry and is not intended for public use. The road grades are steep and the travel rate is generally very slow. 195 Lodgepole Circle, Parachute, CO 81635 Office: (970) 987-4247 Fax: (970) 712-5715 Oxy Mid -Continent Piceance Operations Pond 13 Extension Road Project #2015-032 4.12-2015 As a result, it is our opinion that the Pond 13 Extension Road is adequate for the intended use of providing private access for OXY USA WTP LP Mid -Continent operations to the site in the Piceance Basin. The Oxy documentation supports this evaluation. Rock Solid is confident that the Pond 13 Extension Road can and will continue to provide adequate access to the site if proper maintenance is conducted. Please call/email if any questions. Respectfully, Donald J. Berger, P.E Project Engineer Rock Solid Solutions (970) 987-2743 2 To: OXY USA WTP LP Piceance Mid -Continent Operations 760 Horizon Drive, Suite 101 Grand Junction, Colorado 81506 (970) 210-0275 Cell Memorandum February 4, 2015 Project: Cascade Creek Access Roads "Adequacy"- Garfield County Colorado RE: OXY USA WTP LP; Cascade Creek Pond 13 E/W Water Impoundment Facility; Limited Access Review Mr. Michael Brygger, As discussed, Rock Solid personnel are intimately familiar with the Cascade Creek Road system. The three road segments (Valley, Mtn & Mesa Roads) were designed and constructed by Oxy Mid -Continent starting in 2005 to access the Roan Plateau in the Piceance Basin and have been operational since. This document has been prepared to support Oxy's Cascade Creek roadway system as adequate based upon an assessment by Olsson Associates Garfield County Roadway Standards Assessment report dated January 2015 to request waivers in accordance with Garfield County Policy 01-14. Olsson Associates has conducted an extensive review and assessment of the Cascade Creek Road System. Rock Solid has reviewed these documents and concur with their findings. In general, the roadway system is private, does not serve the general public and was constructed prior to issue of the latest GarCo LUDC Road Standards (Table 7-107). Oxy Mid -Continent conducted extensive modifications to the road system in 2010 to enhance safety and improve access to their operations in the Piceance Basin. The Olsson & Associates, Garfield County Roadway Standards Assessment repon dated January 2015 has identified several areas that do not meet the latest LUDC Road Standards. These areas are limited in extent and deviation from the updated LUDC criteria. Therefore, Oxy is requesting a "waiver" of section 7-107, F, Design Standards, in the limited areas defined in the Olsson Associates documents to avoid additional environmental impacts to the area. Like ail roads, maintenance of the roadway system is an on-going process, and as such the Cascade Creek road system is no exception. The road has been designed to provide access for drilling and service equipment for the oil & gas industry and is not intended for public use. The road grades are steep and the travel rate is generally very slow. 195 Lodgepole Circle, Parachute, CO 81635 Office: (970) 987-4247 Fax: (970) 712-5715 Oxy Mid -Continent Piceance Operations Cascade Creek Road. System Project #2014-012 /4-2015 As a result, it is our opinion that the Cascade Creek Road system is very adequate for the intended use of providing private access for OXY USA WTP LP Mid -Continent operations to their oil & gas sites in the Piceance Basin. The Olsson Associates documentation supports this evaluation. Rock Solid is confident that the Cascade Creek Road system can and will continue to provide adequate access to the Roan Plateau if proper maintenance is conducted on the roads. Please call/email if any questions. ` Ply ••y ma, \,D J. 49',..1%4".77"%. • ;q ay Respectfully, 4.'"- , Donald J. Berger, P.E Project Engineer Rock Solid Solutions (970) 987-2743