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Home My WebLink About1.0 ApplicationOccidental Oil and Gas OXY USA WTP LP Pond 13 East and Pond 13 West Water Impoundment Garfield County Land Use Application Extension of Condition of Approval October 2014 Applicant: OXY USA WTP LP 760 Horizon Drive Suite 101 Grand Junction, CO 81506 (970) 263-3607 OX Y Occidental Oil and Gas OXY USA WTP LP Pond 13 E/W Water Impoundment Garfield County, Colorado Extension of Condition of Approval October 2014 Pond 13 East and Pond 13 West Extension of Condition of Approval Table of Contents 1. Extension of Condition of Approval Letter 2. Application 3. Statement of Authority 4. Agent Authorization 5. Extension of Condition of Approval Narrative 6. COGCC Form 28 Form - Submitted March 11, 2014 7. COGCC Status Page 8. Signed Resolution 9. Site Plan 10. Deed 11. Mineral Rights Documents OXY USA WTP LP Pond 13 E/W COA Extension- Table of Contents Resolution 2014-07 Garfield County, 2014 Page 1 of 1 October 29th, 2014 Garfield County Community Development Department Attention: Kathy Eastley 108 8th St Suite 401 Glenwood Springs, CO 81601 Subject: Request for Extension of Condition of Approval for OXY USA WTP LP Water Impoundment 13E and 13W (Resolution 2014-07) Re: Condition of Approval #6 Dear Kathy: OXY USA WTP LP (the Applicant) is requesting an Extension of Conditional of Approval, Section 401(I) of the Garfield County Land Use and Development Code, for the approved Pond 13 E/W, Resolution 2014-07. COA #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. Extension Application and Request are located within the Extension of Conditional of Approval application. Currently, the other Prior to Issuance COAs are expected to be complete prior to the January 20, 2015 deadline. Please contact me with any questions regarding the subject application. Thank you, Katy Middleton Blue Sky Permitting and Planning (970)985-8240 Applicant: OXY USA WTP LP 760 Horizon Drive Suite 101 Grand Junction, CO 81506 (970) 263-3607 OXY USA WTP LP Pond 13 E/W COA Extension Resolution 2014-07 Garfield County, 2014 0610107 -CWT 11111 In PAIN M11:i0l1,lW1,I0KOCiIIMl IL 1111 Reception#: 713681 12/21/2006 04:14.32 PM 9:1876 P:Q746 Mildred Alsdorf 1 of 6 Rec Fee:$31 00 Doc Fee 66,45 GARFIELD 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 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 Assignor's rights, title and interests in and to the following, collectiireiy-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, Range 97 West 6th PM, Section 3: Lots 6-11, 14-16, SW 1/4, containing 573.08 Acres, more or less Section 4: Lots 10-15, E1/2SW1/4, SE1/4, containing 480 Acres, more or less including, but not limited to, all of Assignor's right, title and interest in: (i) 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; (ii) 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 fith P.M., being 1800' 0 CD East of the West Section line 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 P w 6 the Colorado River. Amount of water — 0.009 c.f.s absolute; and Redd 0 a o - Spring No. 5 located in NE1/4SE1/4 Section 4 T6S R97W, of the 6th P.M., b H being 200' West of the East Section line and 3020' South of the North o W Section line. Source of water — Spring tributary of Little Creek which is a a) z z tributary of Light Gulch which is a tributary of Parachute Creek which is a $4.. w Tributary of the Colorado River. Amount of water — 0.011 c.f.s. absolute; H c and (vi) all rights and privileges appurtenant to the above described real o Li, x property, regardless of whether those rights and privileges appurtenant to the above described real property are specifically identified herein. 7 min IATICATKLIN 111111 Reception#: 713581 12121/2006 04:14:32 PM 8:1876 P.0747 Mildred Rlsdorf 2 of 6 Rec Fee $31.00 Ooc Fee:68 45 GRRFIBLD 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: (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 Real Property; (iii) any other surface and subsurface water and water rights, belonging to, utilized for, or appurtenant to 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 Dec. IV I ?.00 6' 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. 2 ■III Mii, IFIL Pi 11111 Reception#: 713681 12/2172006 04:14:32 PM 8:1876 P:0748 Mildred Wlsdorf 3 of 6 Rec Fee $31.00 Ooc Fee:68 45 GARFIELD COUNTY 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, (1) breaches of contract; (ii) loss 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. Assignee's Indemnity. Assignee shall indemnify, defend and hold Assignor harmless from and against any and all Claims caused by, resulting from or incidental to: (i) 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 - 1111P1 IIS1Li4',M1.1.G4524.1VVNI M,11III Reception#: 713681 12/21/2006 04:14,32 PM B:1876 P 0749 Mildred Alsdarf 4 of 6 Rec Fee:$31.00 Doc Fee 68.45 GARFIELD 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. Headings 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 any duties or obligations under this General Warranty Deed. 31 8. Survival. Th terms and provisions of that certain Purchase and Sale Agreement, dated Octobe 14, 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 General 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 1111 nun I y Art Iw11 wr i1n.' 1111 Reception#: 713681 12!21!2006 04:14:32 PM B:1876 P0750 Mildred Alsdorf 5 of 6 Rec Fee:$31.00 Doc Fee:68.45 GARFIELD 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. Thomas F. Latham STATE OF COLORADO ) )ss. COUNTY OF MESA The foregoing General Warranty Deed and Assignment was executed before me on this ! iday of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: i o - a M — aCk.A"4..Th to ary Public 5 111114 4 lik1.110,14MiPlidltrilCIMMIPI 11111 Reception#: 713681 12121/2006 04 14:32 PM B:1876 P 0751 Mildred Alsdorf 6 of 6 Rec Fee:$31.00 Doc Fee:6B.45 GARFIELD COUNTY GO 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 6- 1111nQ'i+ I h LINT akin reeilingioxiiiii 11111 Reception#: 726872 06/29/2007 11:55:00 PM B: 1943 P: 0765 Jean Rlberico 1 of 3 Rec Fee:516.00 Doc Fee:0.00 GRRFIELD COUNTY CO MINERAL QUIT CLAIM DEED THIS DEED, made this 64' day of 3y , 2007, between JOHN RICHARD LATHAM, MARGARET K. LATHAM, JUL ANNE COX, and THOMAS A. COX, Grantors, and OXY USA WTP LP, Grantee, whose a dre�s`��i`s: 5 Greenway Plaza, Suite 110, Houston, Texas, 77046-0506. WITNESSETH, That the Grantors, for and in consideration of $10.00 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, E1/2SW1/4 and SE114 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 HOLD 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. John Richard Latham, Grantor Anne Cox, Grantor 1 K. Latham, Grantor 112 Thomas A. Cox, Grantor 3 1111lA111N7P4111141,U 1,141 + 1011li'g116IN4 11111 Reception#: 726872 06/29/2007 11:55:00 AM 6: 1943 P: 0766 Jean Alberioo 2 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO State of Colorado ) ) ss. County of f ` C ) The foregoing instrument was acknowledged before me this day of lj(ke , 2007 by John Richard Latham, Grantor. My commission expires: 3-)$ "o' tt,,,,,,4,WITLZ9ESS my hand and official seal. 0• �o y �, 7. 7. i�,: r y . �. 'gtiat�f g1 ; County of jok 16ARY The foregoing instrument was acknowledged before me this 5 day of 0,41`Q , 2007 by Margaret K. Latham, Grantor. My commission expires: 3-V Oc TNESS my hand and official seal. IZ 101 eittol ) ,,,,,ii,,�E.0' ) ss. County of-' _ ) The foregoing instrument was acknowledged before me this Li day of Jth,e..- , 2007 by Julie Anne Cox, Grantor. pt. Mycommission expires: official seal. My Commission June 21, 2009 2 C;;21A4A4lEa-_NOTAPUBLIC 1111Ii11' 1411N11.141,14M1104:ll 11 111 Reeeptiontt: 726872 06/2912007 11:55:00 AM B: 1943 P: 0767 Jean Alberico 3 of 3 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO State of Colorado ) ) ss. County of W5(k- The foregoing instrument was acknowledged before me this q day of ituilc , 2007 by Thomas A. Cox, Grantor. My commission expires: laI I aoo9 WITNESS my hand and official seal. Comniission des June 21, 2009 3 NOT RY PUBLIC 0610107-CWT 11111 il haW, gC11C11 :1411:1 1 X1111 Reception##: 713683 12f21)2006 04:14:32 PM B:1B76 p:0760 Mildred Rlsdorf 1 of 4 Rec Fee:$21 00 floc Fee:0.00 GARFIELD COUNTY 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; (11) 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 6th PM, Section 3: Lots 6-11, 14-16, SW1/4, containing 573.08 Acres, more or Tess Section 4: Lots 10-15, E1/2SW1/4, SE1/4, containing 480 Acres, more or Tess 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:ILIVILATTOM\LATHAM RANCHESIEx C Oxy Quitclaim Deed.doc- 1 - Return to: OXY USA WTP LP ATTN: GREG KOPEL 5 GREENWOOD PLAZA STE. 110 HOUSTON TX 77046-0506 MIK Ila 11A9:MI‘Vrihih IgIVIa i"IIIVIti WI 11 111 Receptiontt: 713683 12121/2006 04:14:32 PM B.1876 P:0761 Mildred Rlsdorf 2 of 4 Rec 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`Q \ 9 , ° 0 C • 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. Theeerms 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. Further 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:1LIVILATTOM\LATHAM RANCHES\Ex C Oxy Quitclaim Deed.doc- 2 - 1111r.iittiyimIlimuttoomicoleom 11111 Reception#: 713683 12/21/2006 04:14:32 PM 8:1876 P:0762 Mildred Alsdorf 3 of 4 Rec Fee:$21,00 Doc Fee:0.00 GARFIELD COUNTY CO 7. Governing 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:.�-yv. d4.}.-✓ Karen Lee Latham By: Ginger atham Co -Personal Representatives K:1LMV1LATTOMILATHAM RANCHES\Ex C Oxy Quitclaim Deed.doc- 3 - 1111n IIal�4�M�li �C�i4� l��`bh4lCliill� Itt�sl 11111 Reception*: 713683 12/21/2006 04:14:32 PM B.1876 P:0763 Mildred Rlsdorf 4 of 4 Rec Fee:$21.00 Doc Fee,0.0Q GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF MESA The foregoing Quitclaim Deed and Assignment was executed before me on this 15 day of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: /o- a 4- 1D STATE OF COLORADO ) )ss. COUNTY OF MESA Gouv.A.,z 0 ary Public The foregoing Quitclaim Deed and Assignment was executed before me on this 1 C day of -n e ce c , 2006, by Karen Lee Latham and Ginger Latham as Co - Personal Representatives of the Estate of Charles Harvey Latham, Deceased, Assignors. WITNESS my hand and official seal. My commission expires: .' o �- K:ILIVILATTOM1LATHAM RANCHESIEx C Oxy Quitclaim Deed.doc- 4 - 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 O Administrative Review _.e Limited Impact Review ❑ Development in 100 -Year Floodplain ❑ Development in 100 -Year Floodplain Variance O Major Impact Review ❑ Amendments to an Approved LUCP O LIR ❑MIR 0 SUP O Minor Temporary Housing Facility O Vacation of a County Road/Public ROW ❑ Location and Extent Review ❑ Comprehensive Plan Amendment O Major 0 Minor ❑ Code Text Amendment ❑ Rezoning 0 Zone District❑ PUD 0 PUD Amendment ❑ Administrative Interpretation_ ❑Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act _❑ Pipeline Development 0 Variance B Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: OXY USA WTP LP Phone: ( 970 ) 263-3607 Mailing Address: 760 Horizon Drive, Suite 101 City: Grand Junction E-mail: Chris_Clark@oxy.com State: CO Zip Code: 81506 Representative (Authorization Required) Name: Katy Middleton and Blair Rollins phone: ( 970 ) 985-8240 Mailing address: 760 Horizon Drive, Suite 102 City: Grand Junction State: CO Zip Code: 81506 E-mail: middleton_kathleen@yahoo.com 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 North of DeBeque, Colorado Legal Description: NE1/4SE1/4 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 PROJECT DESCRIPTION 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 Pond 13 EW is a water impoundment fac.:lty with an accessory use for storage. The water impoundment stores produced water for the Applicant, OXY USA WTP LP. Two storage areas located within the site perimeter. The subject application is for an extension for Condition of Approval (COA) 56 of Resolution 2014-07. The Applicant ruquests an extension to allow for the COGCC appro\ 51 time frame, drilling schedule, and monitoring well permitting process. The Application requests an extension of 9 months to COA #6 as part of Resolution 2014-07, which was signed January 20th, 2014. The requested extension would result in the Condition of Approval completion date being extended to October 20th, 2015. REQUEST FOR WAIVERS 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: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. October 27, 2014 Signature of Property Owner Date OFFICIAL USE ONLY File Number: _ _ - Fee Paid: $ /1111711aM1lkiMINIFJOILICCIIOt`I41llisIr1/41 11111 11III Receptionp: 783258 03/15/2010 02:32:59 PM Jean illberico 1 of 1 Rec Fee:$11.00 Doc 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. OXY USA WTP LP By: OXY USA Inc., its general partner " Name: William B. Roby Title: Vice President, Mid -Continent OXY USA Inc. c� By: 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 ejfvtt ince M /(5 U Notary Public, State of Texas CHRISTINE M SANCHEZ My Commission Expires July 2, 2013 A OXY USA VVTP LP v 1111 NP.4111111 .1VV.K1 Kti'K,'M'J PC1,,Li1i Li, 11 11 1 Reception#: 655321 10/28/2014 04:36:00 PM Jean Alberico 1 of 1 Rec Fee:$11.00 Doc Fee:0.00 GARFIELD COUNTY CO June 4, 2014 Ms. Tamra Allen Community Development Department Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization for OXY USA WTP and OXY USA Inc. permitting projects Garfield County, Colorado Dear Ms. Allen, 760 Horizon Dr., Suite 101 Grand Junction, CO 81506 Phone 970.263.3600 OXY USA WTP LP and OXY USA Inc, (Oxy) authorizes Blair Rollins with Olsson Associates and Katy Middleton with Blue Sky Permitting and Planning, LLC to act on behalf of and represent Oxy in matters related 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 clarkkoxy.com. Sincerely, ris Clark Operations Manag Cc: file Olsson 1 OXY USA WTP LP Pond East And Pond West - Resolution 2014-07 Pond East and Pond West Site Extension of Conditional of Approval OXY USA WTP LP (the Applicant) is requesting an Extension of Conditional of Approval, Section 401 I(1) of the Garfield County Land Use and Development Code, for the approved Pond 13 E/W, Resolution 2014-07. Oxy is currently working on the conditions of approval listed in the Resolution. Condition of Approval #6 states: 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. The Form 28 Centralized E&P Waste Management Facility Permit was submitted to the COGCC in March 2014. Many Form 28 applications similar in use to the Pond 13 E/W application can take up to a year before comments or an approved permit are received from the COGCC. Oxy proposed three monitoring well installation locations as part of the application for COGCC review and approval. Depending on COGCC assessment of the proposed monitoring well locations the COGCC may require different locations to ensure adequate monitoring of down -gradient resources. Oxy anticipates COGCC review and approval of the Form 28 application within the first quarter of 2015. Drilling and installation of monitoring wells within the area of Pond 13 E/W must be conducted during favorable conditions (e.g. sunny and dry). Access roads do not exist within the immediate area of the proposed monitoring well locations, thus roads will need to be established or a track -mounted drilling rig will need to be utilized to complete the monitoring well installation. Based on the current season, schedule of the track -mounted drilling rig, and the COGCC permit status Oxy anticipates completing monitoring well installation within the first or second quarter of 2015. Monitoring well permits and monitoring well identification (ID) numbers are provided through the Colorado Division of Water Resources (CDWR). The well permits and ID numbers are received only after the drilling and monitoring well construction has been completed and the information has been provided to the CDWR. Depending on the current workload of the CDWR when the monitoring well construction permit is submitted, the permit process could take a couple of weeks to process and approve the monitoring wells. The Applicant requests an extension to allow for the COGCC approval timeframe, drilling schedule, and monitoring well permitting process. The Application requests an extension of 9 months to COA #6 as part of Resolution 2014-07, which was signed January 20th, 2014. The requested extension would result in the Condition of Approval completion date being extended to October 20th, 2015. Condition of Approval Extension Request Garfield County, 2014 oYOXY USA WTP IP A subsidiary of Occidental Petroleum Corporation \w" March 11, 2014 Mr. Alex Fischer West Environmental Supervisor Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801 Denver, CO 80203 RE: Form 28 & Supporting Documents for Oxy's Pond 13 East and West Centralized E&P Waste Management Facility, Garfield County, CO Oxy Operator Number 66571 Mr. Fischer, OXY USA WTP LP (Oxy) is pleased to provide this COGCC Form 28 and supporting documentation associated with the conversion of Oxy's Pond 13 East and West multi -well production ponds into a Centralized E&P Waste Management Facility. The Facility will be used as a non-commercial, centralized E&P waste management facility for the treatment, recycling, and beneficial reuse of E&P waste, specifically produced water, and will serve Oxy's operations in their Piceance Basin operating area. Oxy permitted the storage pond on November 13, 2009, and a 12 -month extension was granted by the COGCC on March 30, 2013. Oxy submitted a subsequent 6 -month extension request based on two factors: 1) Oxy's Piceance Basin asset is currently in the process of going through an asset sale; 2) The extension will allow for conversion activities to be conducted in spring 2014. At the time of this application, the referenced 6 -month extension request has not been approved. If approved, the facility would expire on May 13, 2014. Oxy is therefore submitting this Form 28 and supporting documentation to complete conversion of the location to a Centralized E&P Waste Management Facility. If you have any questions, comments, concerns, or require any additional information, please do not hesitate to contact me at the number provided on the Form 28. Thank you f. - our attention in this - er, ris Clark Piceance Operati er Enclosures: Form 28 Submittal Package FORM State of Colorado 28 Oil and Gas Conservation Commission CRay 6,98 1120 Liman Street, Suite 801, Denver, Colorado 80203 (303) 894-2100 Fax: (303) 894-2109 CENTRALIZED E&P WASTE MANAGEMENT FACILITY PERMIT Submit this Form and accompanying documents for each facility per Rule 908. Financial Assurance in the amount of $50,000 is required to operate each facility. OGCC Operator Number 66571 Nam of Operator•. OXY USA WTP LP Address: 760 Horizon Drive, Suite 101 city, Grand Junction State: CO Zig: 81506 Contact Name and Telephone: Joan Proulx No: 970.263.3641 Fax: 970.263.3694 Surface Owner (if different than above): OXY USA Inc Address: P.O. Box 27570 City: Houston State: TX zip: 77227 Phone:970.263.3637 Facility Name: Pond 13 E/W Address: City: State: CO Zip: Phone: - - Fax: Location (OtrOtr, Sec, Twp, Rng, Mer): NESE, Sec 4, T6S, R97W, 6th PM Latitude: 39.548658 FOR OGCC USE ONLY Surety ID: Complete the Attachment Checklist Opor OGCC Sno dasaplron (topo, Boor. moa ✓ nqadert land use ceaorrpuon ✓ Topographic map ✓ $rte cassnapa map with aloud. es ✓ Scaled drainer .ard survey map ✓ Faakty dosq & anarsoarina eingroung War+ ✓ WSW enalys.a report ✓ Frusnotra assurance Closure plan ✓ Lord goft tprmg ampiutrrm Lord goat parmaa and nava Longitude. -108.216361 1. Is the site in a sensitive area? ❑✓ Y • N 2. What are the average annual precipitation and evaporation rates for the site? Precipitation: 29 inchestyear Evaporation: 10 inches/year 3. Has a description of the site's general topography, geology and hydrology been attached? Q Y • N� 4, Has a description of the adjacent land use been attached? P/ Y • N 5. Has a 1:24.000 topographic been attached? MY map showing the site location ❑ N 6. Has a site plan showing drainage pattems, construction details been attached? diversion MY or Containment structures, roads, fencing, tanks, pits, buildings and any other pertinent ❑ N 7. Naito is not owned by the owner attached? ■ operator, Y 1 is written authorization of the surface N 8. Hwa a scaled drawing and survey showing the entire section(s) containing the proposed facility been attached? 4 Y • N 9. What measures have been implemented to limit access to the facility by wildlife, domestic animals or by members of the public? Briefly explain. Oxy's Pond 13 E/W complex has an eight foot tall wildlife exclusion fence around the Facility to limit access. The Facility is within Oxy's Cascade Creek operational area which has a perimeter fence around the main road access along Conn Creek Road. Oxy will install netting or equivalent deterrants to prevent birds from entering the Facility. . - 10. Is there a planned firelane of at least 10 feet in width treatment areas and within the perimeter fence? around • the Y active Ul N 11. Is there an additmnal buffer perimeter firelane? zone ■ of Y at least i'/ 10 feet within the N 12. Have surface water diversion structures a 100 -year, 24-hour event? 51 been constructed to accommodate Y 0 N 13. Has a waste profile been calculated D according to Rue 908.b.6? Y ❑ N 14. Has facility design and engineering Rule 908.b.77 been D provided Y • as required by 1 N 15. Has an operating plan been completed ❑✓ Y ❑ as required by Rule 908.6.8? N 16. Has ground water monitoring for the site Q been Y provided? 0 N "'Attach Water Analysis Report, Form 25, for each monitoring wall installed.'''' 17. Has financial assurance been provided DY as required ■N by Rule 704? 18. Has a closure plan been provided? NY IN 19. Have local government requirements complied with? for 0 zoning Y and ■ Construction been N 20. Have permits and notifications required other agencies been provided? by focal Q Y governments ■ and N Print Name: Is :1k Signed: �/'/��iUe: Operations Manager Date: OGCC Approved: ]' f Tito: date: CONDITIONS OF APPROVAL, IF ANY: Facility Number: HOME Colorado Oil and Gas Conservation Commission HELP CONTACTS DATABASE FORMS GENERAL HEARINGS IMAGES ICTDS' PAGE LIBRARY LOCAL GOV MAPS MISSION NEWS/MEDIA ORDERS PERMITS POLICIES RULES STAFF RPT COGIS - CENTRALIZED EP WASTE I IGMT FAC Information Pond 13 ENV - #436570 Information Status: XX I Related 4 Insp 3 GIS a Doc It DCA Facility ID: 436570 Facility Name/No: Pond 13 ERN 1 Facility Status: XX Status Date: 312712014 Operator Name: OXY USA WTP LP Operator Number: 66571 County: GARFIELD - #045 Location: NESE 4 65 97W Lat/Long: 39.5486581-1 x8.216361 Source: ACTUAL based on LatLong Pit Facility ID: 414404 (Pond 13W) and Pit Facility ID: 414403 (Pond 13 E) are being permitted as a Form 28, Centralized E&P Facility. AFischer 3127114_ NOTE: The Form 28 has NOT been approved. AFischer 3128114 Comment: ■III koliiI,', ZI'l ':cv;'.141, 11 II Reeept iontl : 845914 02/03/2014 03.29 19 PM Jean Alberico 1 of 5 Rec Fee$0.00 Doc Fee 0.00 GARFIELD COUNTY GO 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. - 0 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 1/a SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 61 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 ii.111IEVNI i Vr71.11 11111 Reception#? : 845914 02/03/2014 03 29 19 PM Jean Rlberico 2 of 6 Rec Fee.$0 00 Doc Fee 0 0O 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. I. 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 all 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 �!�.1�' E,�Y4 , i i lit ilii01311411:414 la ill), •1111 Reception#: 845914 02/0312014 03:29:19 PTI dean O117erico 3 of 6 Rec Fee:$0 00 Doc Fee:0 00 GARFIELD COUNTY CO 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 area 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 wells 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 IMI1011.4:11 47,MILMh1%1411 YiarANiii+ ii iii, 11111 Receptionti : 845914 02/03/2014 03 29 19 PM Jean Rlberico 4 of 6 Rec Fee $0 00 Doc Fee:0 00 GARFIELD COUNTY GO 8. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain the proper building permits for structures on 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 level, 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 Ell ?VI l+ 4:111,41%lif)1E11.'44,11III Reception#: 845914 02/03/2014 03 29.19 PM Jean Alberico 5 of 6 Rec Fee.$0.00 Doc Fee. 0. 00 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.gavelmountain-prairie/fontaminants/contaminants 1 c.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 2014 and provide the information to the County Vegetation Manager by June 30, 2014. Ad Dated this - day of f `€6 uca , A.D. 20 /zi . 5 ATTEST: erk of the Board of the Board 1111 kui./1'iT.f�'ZMIi I��1 ruF��'1M ��'il�l�ik'�!aY� ,11111 Reception#: 845914 02103/2014 03:29 19 PM Jean Alberico 6 of 6 Rec Fee -$0,00 Doc Fee 0,00 GARFIELD COUNTY CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY': ORADO Upon motion duly made and seconded the fd by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 6 11/03/2014 J:119000119810\Drawings \19810_New.dwg LOT 14 / /'. / /' / / /1 / // / l' l 1 I / / / / / / / / / / / / I 1 / / / / / / / / // r / / / / / / / / / / /• I 1 / / / / / 1 / / l� i // / l 1 / / / / / / 1 r / l! /! / /1 1 / / 1/ // // 7 / // / l / / I / / 1 / / / / / 1 f 7 11 1 / / / / / / 1 / / 1 , / I /1 / !I / l / / // // // / / 11. // % // / /! 1l. /11 / // / / / / // I/ 1 I / 1 1 / I I I 1 // 1 / 1 1' / , / ! / / 1 / 1 / / / l / 1 / 1/ 1 1 1 1 I / / r / / � 1 / 7 / 1 / / / 1 / / / 1 1 / / 1 1 `�•' / 1 1 / 1 / '! ! 1 / i \ 1 1 1 1 1 1 1. 11 I. I 1 1 1. // 1/ 1, I / I 1 / 1' / l / 1 1 1 l 1 11 1/.. 1, /' ,/ 1 1 ! l I I / / 1 1 1 / / 1 / 1 1 1 11 II I I / 1 1 1. 1 1 / / 1 1 1 1 1 1 I 1 I 1 f I 1 / rl 1 ! 11 / // 1 / 1 I c 1 ! / f ! / / fl1 / // 1 1 11 11 1 / 1 r.1 1 I 1 11 jl 1 1 1 fl 1 / 1 \ 1 / 1 c / // / 1 l A 1 1 I 1 1 1 I I l 1/17 /' !. 1 I 1 1 ! I f 1 A 1 / / \ 1 / 11 IIl ! ! / 1/ % f 7 1 1 1 I / I 1 11 1 1 1 II l I I I f /! I I I 11 1 / \ I 1 \ 1\ / I I 11 // 7 1 A I 11 / 11 1 f Il / 1 1 1 t 1 I 1 1 I / 1 1 ' I 1 11 11 l > I I ` 1 I s \f 1 I 1/ 1 1 \ 1 / 1 I 1 /1 1.1 1 � 1 1 / / 1 A I.- 1 I 1 / \ \ I 1 1 1 1 11 I 1 I 1 l 1 1 I 1 / I 1 1 A I / II I 1 / 1 1 1 1 1 1 \I LL t / 1 UPGRADE AND MAINTAIN EXISTING SWALES TO DIMENSIONS SHOWN IN APPENDIX C (TYPICAL) I l r 4 / G \ 1 <1 / 1 1 1I 1 I I 1 1 1/ 1 /1 5 1 \ I I I 1 1 I 7 I I 1 14 WATER GATHERING PIPELINE PROPOSED STORAGE AREA LAT: 39.549751° N LON: 108.218769° W NAD 83 DATUM / / 1 LOT 13 11 1 1 • 1 • • 1 EXISTING CASCADE CREEK 604-44 PAD PROPOSED STORAGE AREA 1.911�. ACRES APPROX. H i� O r7 1 31' • INSTALL AND MAINTAIN EROSION CONTROL MATTING AND RIPRAP ARMORING IN SWALE S2 INSTALL AND MAINTAIN CHECK DAM WATTLE LOGS IN SWALE S4 INSTALL AND MAINTAIN EROSION CONTROL MATTING AND RIPRAP ARMORING IN SWALE S11 SECTION VIEW A -A SCALE: 1"= 10' C \ ELECTRICAL PANELS & TRANSFORMERS (NON -ENCLOSED) J, DREDGE, RE -GRADE AND MAINTAIN SEDIMENT TRAP AND RIPRAP OUTLET AS NEEDED OR AFTER EACH SIGNIFICANT STORM EVENT. 1 VALVE CAN •, •VALVE CAN (NON -ENCLOSED) CONCRETE. ` V PUMP PAD, \` / / SOLAR PANEL 'v..� (NON -ENCLOSED) 11 1 - i�� im .`F�a. SOLAR PANEL ` v1 i! >\`s `� \ IN \� �! WEST POND • \N\\ \\\ \ \ \ 11 0.96± ACRES \ \ \ \ \ \ \\ \\\\ \ ;1\ \\ �� 1`1 LAT 39 5486 \\\ \\\ \ \\\ \ \ \ \\ 1�9 /.AVA1VAAVAAAVv 1v- �N \ . \ \ \ \ \ \ \ \.\ \ 1 \� �.O 8 1. v'vA A V A \VAAA V ♦ < 'Pi A \ VAA V A \ VAA A vv ' 5vvAvvvvv-1 x\11\\\\\\\ \ 11 V1 \ k1 \ V'vA1A \ \\ V A 1 V A V 1 1 A A AV A \\\\AVA\551A1\5A\\\\\I1\\V A 1111',1\\11\\ \\\ 1 1 1 1 \ 1 I �• \ \ \ \ \ \ \ \ t 1 \ \ \ 1 1 \ \ \ \V 1 1 V A 1 f 1 1\ V A 1 1 1 1\\ 1\\ \\ 1 1 1 V A 11. A A A V I A 11 1 1 I 1 1 ` I \ \\ \1 \\ \ 1 1 \5 I 1 1 \ \ \ \ \ I \ 1 \ � \ 1 4.1 5 I \ \ \ AI 1 I A\ I\ 1V AA \\ \\ \\ •e. A 1 1 A 1 A A A\ 015 it�RN1'. t1t • tP-:40,.-t GP5PIPE •',i 1Pj. a00 / y1arG. �o 10 XisT/Ni INSTALL AND MAINTAIN CHECK DAM WATTLE LOGS IN SWALE S6 STAMP BY SURVEYOR I, RICHARD A. BOLLEN JR., AN EMPLOYEE AND AGENT FOR D.R. GRIFFIN & ASSOCIATES, INC. STATE THE PLAT HEREON ISA CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY AUTHORITY COMMENCING ON MARCH 21, 2013 OF THE SHOWN POND 13 E -W LOCATION. COLORADO PLS No. 28647 BASIS OF BEARINGS/ELEVATION THE BASIS OF BEARINGS FOR THIS SURVEY IS REFERENCED TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T. 6 S., R. 97 W. OF THE 6TH P.M. AS BEARING N 01'40'10" E, THE TERMINUS OF THE SAID LINE BEING MONUMENTED WITH GLO BRASS CAPS AS SHOWN. THE BASIS OF ELEVATIONS FOR THIS SURVEY IS REFERENCED FROM USGS STATION SHALE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13, T. 7 S., R. 97 W. WITH AN ELEVATION OF 8949 FEET. LEGEND BASIN BOUNDARY CONTOURS (1 FOOT INTERVAL) X FENCE DESIGN POINT DRAINAGE SWALE DRAINAGE BERM EXISTING/PROPOSED DRAINAGE SWALE v^v^v^ • EXISTING/PROPOSED DRAINAGE BERM 1 S1 B1 %90 (NON -ENCLOSED) "'o •, EXISTING FENCE <iyi ,11 / 1 / 71 / / / I qV' i 1 / / / . `\ ` TOTAL POND AREA: 2.131 ACRES ; 1 j / 1 / 1\1.-. POND 13E -W CENTER ///i/ i / \ V 11°N ®//1/ / �11 '1, LON: 108.216944° W 1 / I i1 >%v %. NAD 83 DATUM i / /1/ 1 / / / 1 et / - Fr 1 1/'/1/ i 1ti`.C., B 0 /i//x\ '�`.4�s'A�i 1, /// Kil- 1 T<yc; -s 01,4 //// i / I/ i SOLAR PANEL \ -9,>,,, '%- - �I / / / / (NON -ENCLOSED ,'-')+0"_:6,.4c, `(NON ENCLOSED) STORMWATER ANALYSIS AREA PROPOSED STORAGE AREA 1.121. ACRES Lsi P!P PROPOSED STORAGE AREA LAT: 39.547620° N LON: 108.216809° W NAD 83 DATUM d m 0 w N 0 z i 0 100 SE 114 SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST, 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO 1/4 CORNER COMMON TO SECTIONS 3 AND 4 / 0 500042'05"E N01°4010"E 2640.35' BASIS OF BEARING LOT 16 INSTALL AND MAINTAIN EROSION CONTROL BLANKETS AND RESEED AND MULCH AREA UNTIL SUFFICIENT VEGETATION I5 ESTABLISHED TO PREVENT EROSION ON THIS SOUTHEAST FACING SLOPE. INSTALL AND MAINTAIN PERIMETER WATTLE LOGS USING "J -HOOK" METHODS AT THE EDGE OF DISTURBANCE ON THIS SOUTHEAST FACING SLOPE NOTES: 1. STORMWATER ANALYSIS BOUNDARY AS SHOWN WITH POND 13 E -W AREA INCLUDED IS 111.19 ACRES. 2. POND 13 EAST IS APPROXIMATELY 335' x 163' AND ENCOMPASSES 11.17 ACRES. 3. POND 13 WEST IS APPROXIMATELY 273' x 176' AND ENCOMPASSES 30.96 ACRES. 4. PROPOSED STORAGE AREA SOUTH OF POND 13 E -W IS APPROXIMATELY 391' x 128' AND ENCOMPASSES 11.12 ACRES. 5. PROPOSED STORAGE AREA ON THE CASCADE CREEK 604-44 WELL PAD IS APPROXIMATELY 395' x 225' AND ENCOMPASSES 11.91 ACRES. 6. PROJECT SITE IS ZONED AS RESOURCE LANDS AS INDICATED BY THE GARFIELD COUNTY ZONE DISTRICT MAP. 7. THERE ARE NO FLOOD HAZARD ZONES DESIGNATED BY FEMA FOR THE STORMWATER ANALYSIS AREA. THE SITE IS CLASSIFIED AS ZONE D. 8. POND 13 E -W AND PROPOSED STORAGE AREAS ARE LOCATED ON A HISTORICAL RIDGE AND PARTIAL STEEP SLOPE AREA. CUT AND FILL SLOPES AROUND THE PADS AND BETWEEN THE PADS ARE TYPICALLY STEEP SLOPE AREAS. SEE SHEET A-2 FOR SURVEYED SLOPE PERCENTAGES. 9. STOCKPILED SNOW WILL BE DIRECTED TOWARD BMPs WHEN PRACTICAL TO ALLOW TREATMENT. PLOWED SNOW WILL LIKELY BE PLACED AROUND THE OUTER BOUNDARY OF THE PADS 50 SWALES WILL COLLECT THE SNOW MELT AND ROUTE IT TO THE APPROPRIATE BMPs. 10. ENTIRE AREA OF MAP SHOWN ON THIS SHEET IS ON OXY USA WTP LP PROPERTY. SE CORNER OF SECTION 4 REVISIONS NO. A B DATE DESCRIPTION BY CHK APPR 6/25/14 DRAINAGE PLAN CSW LGB LWRIFFIN & ASSOCIATES, INC. 1414 ELK ST., SUITE 202 ROCK SPRINGS, WY 82901 (307) 362-5028 11/03/2014 REVISED PER CLIENT COMMENTS TKM MCL OXY POND 13 E -W SITE PLAN SCALE: 1 " = 100' JOB No.: 19810 A-2 REV B GARFIELD COUNTY, COLORADO SHEET 2 OF 6