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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.17.2014Board of County Commissioners, November 17, 2014 Public Meeting Exhibits — OXY Pond 13 EM! Extension ' Exhibit Letter (A to Z) Exhibit A Garfield County 2013 Land Use and Development Code 4'4.5 .-,,,i-,v! e.-- B Application C Staff Report D Draft Resolution E F G H 1 ,1 K L M N 0 P 0 R S T U REQUEST APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA MEMORANDUM BOCC November 17, 2014 KE EXHIBIT Extension to the one-year timeframe to satisfy conditions of approval for OXY Pond 13 East and Pond 13 West Water Impoundments OXY USA WTP LP Katy Middleton and Blair Rollins 15 miles north of DeBeque in the NE114SE114 Section 4, T6S, R97W of the 6"6 P.M. 21.47 -acres of a 640 -acre parcel EXISTING ZONING Resource Lands - Plateau REQUEST OXY USA WTP LP requests the Board of County Commissioners (the Board) grant a nine-month extension to the timeframe to satisfy conditions of approval required by the Board in 2014-07. The Garfield County Land Use and Development Code. as amended (LDDC) includes a provision that allows an Applicant to request extension of a Conditional Approval '.pursuant to Section 4-101 (I). II. BACKGROUND The Board granted conditional approval for the 13 East and 13 West Produced Water Impoundments on January 20, 2014, Resolution No. 2014-07. Exhibit C, with a one year timeframe in which to satisfy conditions of approval and obtain a Land Use Change Permit from the Community Development Department. Prior to the expiration of the approval the Applicant requested the Board consider a nine- month extension to the timeframe to satisfy conditions of approval. III. AUTHORITY Section 4-101 I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: BOCC November 17, 2014 KE 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. IV. BOARD CONSIDERATION The Board may consider an extension to the timeframe to satisfy conditions of approval for the 13 East and 13 West Produced Water Impoundments. Should the Board approve this request a Draft Resolution with a nine (9) month extension to October 20, 2015 is included as Exhibit D. -)- STATE OF COLORADO County of Garfield )ss ) EXHIBIT D 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 17`x' 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. A RESOLUTION TO GRANT A NINE MONTH TIME EXTENSION TO THE APPROVAL OF THE OXY USA WTP LP POND 13 EAST ANIS 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/ SE 1 SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE (1" 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 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. 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 nine-month 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 nine-month extension to satisfy conditions of approval until October 20, 2015. The motion was approved by a vote of 3-0. Dated this day of , A.D. 2014. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS. GARFIELD COUNTY, COLORADO Clerk of the Board Date Chairman 2 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye/Nay Mike Samson , Aye/Nay Tom Jankovsky , Aye/Nay STATE OF COLORADO ) )ss Cunty 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. 2014. County Clerk and ex -officio Clerk of the Board of County Commissioners OXv • Occidental Oil and G a s 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 • Application: OXY LISA WIT LP 760 Horizon Drive Suite 101 Grand Junction, Co 81506 (970) 263-3607 • 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(1) 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 EN/ COA Extension Resolution 2014-07 Garfield County, 2014 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.,garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION ❑ Administrative Review Limited Impact Review O Major impact Review O Amendments to an Approved LUCP ❑ LIR ['MIR ❑ SUP O Minor Temporary Housing Facility ❑ Vacation of a County Road/Public RO O Location and Extent Review O Comprehensive Plan Amendment 0 Major ❑ Minor ❑ Development in 100 -Year Floodplain O Development in 100 -Year Floodplain Variance O Code Text Amendment Cl Rezoning 0 Zone District❑ PUD ❑ PUD Amendment O Administrative Interpretation O Appeal of Administrative Interpretation 0 Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act O Pipeline Development O Variance ® 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 oxy.com State: CC) Zip Code: 81506 Representative (Authorization Required) Name: Katy Middleton and Blair Rollins Mailing Address: 760 Horizon. Drive, Suite 102 City: Grand Junction E-mail: middleton_kathleen@yahoo.com Phone: ( 970 ) 985-8240 State: CO Zip Code: 81506 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 Efw is a water impoundment facility with an accessory use for storage. The water impoundment stores prpduCed 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 ApproVet iCOAt pe of Resolution 7614.07 The Applicant requests an ertenvan In allow for the COGCC epprevd tune frame. dr ll,ng schedule. and ebee4Crng well pewutttng 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 ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: l 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: $ • ■I!I h'a'j1�E`�IF1+!"Iti,l� I�����Ii�J�'«�='�+��r���� its,! I11 Receptianki: 783258 03/15/2010 02:32:69 PM Jean A1ber:ca 1 of 1 Reg Fee:311 00 00c Fee:0 00 GARFIELO COUlITY 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 By: Name: William B. Roby Title: Vice President, Mid -Continent OXY USA Inc, By: Name: William B. Roby Title: Vice President, Mid-Continen 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'W'TP LP, a Delaware limited partnership. 411111 My Commission Expire UtteillYLe 4o Notary Public, State of Texas CHRISTINE M SANCHEZ My Commission Expires July 2, 2013 ®. OXY USA WTP LP �-° .11arAfz11IAITIf , (ril1ik KIVNIJ 11111 Receptiont,: 355321 10/2817014 04,36 00 PM Jean Atber lCo 1 of 1 Rea Fee,$11.I0 Dc Fee:O.CD OORFIELD COUNTY CO June 4, 2014 Ms. Tamra Allen Community Development Department Garfield County 108 e 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. Alien, 760 Horizon Dr.. Suite 101 Grand Junction, CO 81506 Prone 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 clarkCoxy.com. Sincerely, ris Clark Operations Manag Cc: file Olsson OXY LISA 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 1(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 Outfield County, 2014 "1111iL, pixy OXY USA WTP LP 110 A subsidiary of Occidental Petroleum Corporation • 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 jorloqr attention in this • his Clark Piceance Operati Enclosures: Form 28 Submittal Package iW 25 mow. State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Suits 801, Denver, Calor& 80203 ;3133) 694 2100 Fax 303j 8942109 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 Name of Operator OXY USA WTP LP Address, 760 Horizon Drive. Suite 101 City. brand Junction Stabs CO 20: 81506 Contact Hems and Telephone. Joan Proulx No. 970 263.3641 Fax 970.263.3694 Surface Owner (if different than above): OXY USA Inc Addreae: P.Q. Box 27570 City Houston Stats: TX Zip. 77227 Phone: 970.263.3537 Facility Name Addreu Pond 13 EIW City Phone' Fax _ - Stat.: CO zip: Location (OtrOtr, Sec. Twp, Rng, Mer). NESE, Sec 4, T6S, R97W. 6th PM lea EIGCr; UR alert Sursty ID: Complete the Attachment Checklist Oe °OCG AMC, 1410.1. MOO, fir. h&0x f **warn rrfd u 4SSaelron- aprptaysc map .� aseawups In NAM au,mrsr 1 Scare trans and e*wy harp 1 rwrydeur arerrowrg ✓ °nimble Pan %Nor araMs+ Iwpnn Fran se asarwa^s Clokes pian tlbtude: 39.548658 Longitude ' 108.216361 OEM pet lsnl err l parmra argil ra tog 1 Is the site Ina sensitive area? 0 Y 0 N 2. What are the average annual preop tabon arra eveporabon rates for the ale? Predpitation 29 inches/year Evaporation: 10 inches/year 3 Has a desorption of the site's general topography, geology and hydrology been attached? 0 Y I 4. Hes a ileacs bon of the adjacent land use been attached? SI Y • N 5. Has a 1:24,000 topographic map showing the site location bean attached? DV ■ N 6 Hasa site ptan showing drainage patterns. dmrsxsn or containment structures, roads, fencing. tanks, pea, budding* and any other pertinent construction details been reached? 0 Y 0 N 7. If ace la not owned by the operator, is written authonzabon of the surface owner attached? 0 Y 0 N B. Has a scaled drawing and survsy showing the entire section(a) ocntaintng the proposed facility been attached' 0 Y © N 9 What measures have been implemented to limit access to the facility by wildlife. domeabc animals or by members of the pubIIic? Briefly explain. Oxy's Pond 13 EMf complex has an eight foot tail wildlife exclLLs 7niencg aroynd the Facility to print recess. The Facility is within Oxv's Cascade Creek operational area which has a perimeter fence around the main road access along Conn Creek Road. Oxy will Install netting or equrvaienl oeterrants to prevent birds from entering the Facility 10 to there a planned firelane of at least 14 feet in width around the active treatment areas and within the penrneter fence? 0Y ® N1 11. Is Mere an additional buffer zone of al least 10 feet within the perimeter firelane? 0 V El N 12 Have surface water diversion sbvctures been constructed to accommodate a 100 -year, 24-hour event? 0 Y 0 N 13. Has. waste profile been crlculalad according to Rule 008 b 87 E] Y O N 14. Has faulty design and engineering been provided as required by Rule 906 b 77 El Y O N - - 15. Has an operating plan been completed as required by Rule KB b 87 0 Y C] N r 18 Has ground water monrtonrhg for the sac been provided? BY 0 N "'Attach Water Analysis Report, Form 25, for each montoring well installed "` 17 Has financial assurance been provided as requited by Rule 7047 0 e O N y I B. Hasa closure plan been provided? 0 Y O N 18 Have local government requirements for zoning and construction been complied with? 0 Y O N 20. Have permits and notifications required by Modal government. anti other agencies been provided? DY OH Print Name. C#ark OGCC Approved: (_ .- CONOtT1ONS OF APPROVAL, IF ANY: Operations Manager Date: Tltts: Dale. Facility Number: I NOME • • Colorado Oil and Gas Conservation Commission gift PRINT PAGE HELP CONTACTS DATABASE FORMS GENERAL HEARINGS IMAGES KIDS" PAGE I IBRARY LOCAL GOY MAPS MISSION NEWS/MEDIA ORDERS PERMITS POLICIES RULES STAFF RPT COGIS - CENTRALIZED EP WASTE MGMT FAC Information Pond 13 E/W - #436570 Information Facility ID 436570 Facility Status XX Operator Name. OXY USA WTP LP County GARFIELD - N045 Comment Pit Facility ID 414404 (Pond 28 has NOT been approved Status: XX Facility Name?No Status Date Operator Number Location Lat/Long 13W) and Pit Facility ID. 414403 (Pond AFischer 3128/14 ;A +n ina[m.Cakt o. afrrara,t Raco:ces 0-4Rg: trd 4 Ince co GIS E Doc a. c0A Pond 13 EMI 3/27/2014 66571 NESE 4 65 97W 39.548658/-108.216361 source ACTUAL based on LatLong 13 E) are being permitted as a Form 28, Centralized E&P Facility AFischer 3/27114 NOTE The Form R•. A • • 1111111:411f `i, ilkIii/'1. rgkIllI 111111 Recepts on : 845914 s'2iO3"7J14 03 29 19 PI Jean Alberico T of 5 Roc Foe $C OD Doc Fee 0 DD GARFIELD rAilwr r..o 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 20`11day 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. -a14-01 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 14 SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE G P.M., GARFIELD COUNTY PARCEL NO# 2169-0.4-00-00 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 BB Is 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 • ■III !MAN MOT fel WOW,11111 ReceptionI*: 845934 02±0312014 03 29 19 PM Jean Rlberica ? of 6 ROC FOS S'0 0n 00c Fee P U0 GRRFIEl.C1 COMT' 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 20t 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. 1. The Board of County Commissioners closed the public hearing on the 20th of January, 2014 to make a final decision. S. The Board on the basis of substantial competent evidence produced at the aforementioned hearings, has made the following determinations of fact: I. 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 I ird11 110%4! 10111:lir,:C14A rIA Ill Reception=. 845914 C2.03f2C74, 0.3 29 +5 PM Jean Ofherrco 3 or 5 Rec Fab 1.7 00 Doc Fee 0 00 GnRFTFLD COONTY 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 arc recommended or provide specific recommendations that the Applicant shall he 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 • • ■apt RUM 1 klicTIM IliV 11111 Reception($ : 845914 020+312014 03 29 19 Pr" .lean Alber aca 4 of 5 Rte Gee $0 00 fico ree 0 00 GAR'FIELD G0''.?, :C 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 -hall (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 • �II1 1f1� '��'". M?r M�+� �.'� �JI�.L� ���J�.► '�I��`'�I '�� 11111 Receptkonl3: 845914 02/03/2014 D3 29 19 PM Jean alberlco 5 of 3 Rec Fee SO 00 Doc Fee 000 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 USI -INS), 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 l 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 sununer of 2014 and provide the information to the County Vegetation Manager by June 30, 2014. Ad Dated this day of f -,e612.t , A.D. 20 // 5 • • • ATT'ES'T': �.�.� .-� a.� 6, -tee erk of the Board erk of the Board liil M`"�l��'Irl " MIS I �f�1�rtik� iN `#4�'� k" 1�W�"r�" 11111 Recept sags : 8459114 O2;03i2314 3 'lw 19 i" ler^ alfr 6 of S Rec far 3C OD f�cc rrr O�:� EF.' '.OLl1.T CO GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY ORADO Upon motion duly made and seconded the 1t a ping R u ion was ado. 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 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 u-uly 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 44444.4 044441 MOS/ alrloOOO•4 OOP.% iI!- HON Ili V% i-% Will" /Y ■u.k1 TOL 11SIS 0, If KSALUYATIEIN som nohow. .+ Won 4motooso444144 moo O. LEGEND If If -rr n_- t 44x4/04w44•444401411404 4.1111•44. imm 04.044 41 Ak.Otii x■DAIL ■ce�.,44.4, ar • Li4.d+4 ■ ii�vy4u �� 44411140 .exn HE 1.441111.4141441 IT LWi VrN ix■ra.�l■rw4 we i:12 Tann Si CM ""ilk OXY %km/ 4a44414. r,444, 46toi4o AM RAN 0610107-CWT • 0 I� U 1n is 41) '' 0 < • c3 'i ti O 04 d w. 4: La • 01 is • z04 .411111 < )III 1I001 M!l54MO+ 4+ ICICPa ki III I Reeep t ii onti : 713Ba 1 '2!21+2006 C4 t4 32 PM a 1876 P C746 rIldrec Alsdar! 1 o' a Pee Pee S31 OC Cape Fee 68 45 GARF IELD COuNT't' 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, collectively 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 114, containing 573.08 Acres. more or less Section 4: Lots 10-15, E1/2SW1/4, SE 114, 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 SE114NW114 Section 3 T6S R97W, of the 6th P.M., being 1800' 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 the Colorado River. Amount of water - 0.009 c.f.s absolute: and Redd Spring No. 5 located in NE114SE114 Section 4 T6S R97W, of the 6th P.M., being 2.00' 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. J • ■III A Il ,ll� i, ud III woomici 1i 111 Receptian#S: 7136$1 red Alsdort 2 of 6 Rec Fee` $31 00MDoc Fee 68 457CRRFIELO COUNTY CO 2 of 6 Rec 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 Di Cc, , ?Q rr y 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. 1111 ci 1on*I : hL IMS 1iXW1 IL 11111 12/2112006 0,1.14,32 PM B 1876 P C748 Mildred Alsdorf 3 of 6 Rec FeeS31.00 Doc Fee 68 40 GQ FIELC 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, (i) 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: (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: (i) 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 Warra_nty. 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- X111 of I1ymbu, I iplialI CyoI IW , it 11111 Reception#: 713681 12121/2006 04 14:32 PN 8:1876 P 0749 Mildred Alsdorf 4 of 6 Ate 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. 3\ 8. Survival. Therms 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 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 1I111Y I %WITIFICONI 11111 1111, Ric*ptiona: 713681 12/2512006 04 •4 32 P+1 B 11376 P 3750 M: ldred Fi1smrf rJ of 5 RBC re, S31 00 Doc Fee 68 45 G1aRFSELO COUN'Y 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. 11'2(.0-rr,,i,,, Thomas F. Latham STATE OF COLORADO J )ss. COUNTY OF MESA The foregoing General Warranty Deed and Assignment was executed before me on this ' 'day of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: to ary Public • • liii II:1,1 I41nil',14J+.L4011iilCaIeN' WI 11111 RReceptian#: 713681 12x2112006 04 14 32 VB B 1876 P 0751 Mildred Alsdorl 6 o1 6 Pec Fee S31 00 Doc roe 66 4S &WRFIELD 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 r ill P'i+ NAIRJl f t1I i ilreirllik'llIVNII1114t illi 11111 Racap t i ortIZ : 726872 0612412007 11:56 00 AM B: 1943 P 0765 Joan Alborico 1 of 3 Roc Fer:$16.00 Doc For 0 09 GARFIELO COUNTY CO MINERAL QUIT CLAIM DEED THIS DEED, made this s44 day ofL{ vip , 2007, between JOHN RICHARD LATHAM, MARGARET K. LATHAM, JULJ E COX, and THOMAS A. COX, Grantors, and OXY USA WTP LP, Grantee, whose a re ts: 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 SW 1/4 Section 4: Lots 10-15, El/2SW1/4 and SE1J4 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 1 Ma . K. Latham, Grantor Thomas A. Cox, Grantor ■III 11' hf111 1141 ,kVAN 1441,191 tt it l R.c.ptIo N: 726872 0612912007 11:55:00 AM 6: 1943 P. 0766 Jean fllbericc 2 of 3 Roc Fes S16.00 0ac Foo:0.00 GARFIELD CCuNTY CO State of Colorado ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of j(),ke , 2007 by John Richard Latham, Grantor. My commission expires: 3-i `ray 0,0111WITNESS my hand and official seal. .7 , .... z-� o R"C r ttit;c3fC) ) ss. ) County of 'cl\ f RY PUB The foregoing instrument was acknowledged before me this 5 day of 1`e , 2007 by Margaret K. Latham, Grantor. My commission expires: 31$ O WITNESS my hand and official seal. aa• ;'. 7••��Y+ii •�li� Q.mow . F, 'stj,to r ) ) ss. ) '114*.1111 LtGe Countyof- • The foregoing instrument was acknowledged before me this day of by Jul* Anne Cox, Grantor. My commission expires: ( Jl ( Q r f official seal. My Cann tion bpi= June 21, 2009 Jo. eve_ , 2007 NGTARk PUBLIC 110114.14M10341341,14141441411111114 11111 ReeeptIanf: 726872 08/2912007 11.55 00 Al B 1943 P. 0767 Joan Alberiao 3 of 3 Ron For $18 00 Dao Fee 000 GARFIELD COUNTY CO State of Colorado ) ) ss. County of ) The foregoing instrument was acknowledged before me this by Thomas A. Cox, Grantor. My commission expires: Co /al I a Doc) WITNESS my hand and official seal. lity 2 Commission es June day of AUK, , 2007 NOT RY PUBLIC • fit kinificee 1, l'~� 1I IU 2I 1 ►kie., 3683 €ct2 0866 0 Oa 14 t4 32 PR 8 1876 P C?60 11i1dretl plsrFa,i 1 of a R. Fee $21 00 Ooc Fes 0 00 GARFIELG GOU1krrY GO 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 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, 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: t' \I.IV',L. fC)M1LA'fl-IAM RAMC'HP.S\I x C 0» C;uileLairn Deed.Lioc- l - Return to: OXY USA WTP LP ATTN: CREG KOPEL S GREENWOOD PLAZA STE. 110 HOUSTON TX 77046-0506 �lllPI I'!111.111KritkreillifClite Ws Nil II Recepttont* : 713683 12'2172006 04 14 32 PM B 1875 C 0751 Mildred Rlsdort 2 of 4 Roc Fee S21 00 Ooc "ee 0 00 GPRCIELC COt1N*m' CC t . Conveyance Effective Date. This Quitclaim Deed shall be effective as of the Closing Date, which occurred on QC 41 ,.,o s 13 ot° 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. The erms and provisions of that certain Purchase and Safe 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 1LIVILA'rrOM\L.4TIIAM RA!4CFIES\Eti C Oxy Quitclaim L)e d Aire- 2 - ■111I»'ul 11:!1b ,fill,I11t,Nib t ,f 'illy. '4 II 111 Receptiann, 713683 12121/2006 04 14 32 Pr a 1676 P 0762 ri4ldred L7lsoorf 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: By: Karen Lee Latham Ginger atham Co -Personal Representatives K. 11.141LATTOM1L''1`HAM RANCI IESIEx C Oxy Quitclaim 3 • • Ill IMfillON WOW 4 "fi If i' I '! II ill Reception*: 713683 12!2112006 04 14 32 PM B 1976 P 0763 Mildred Aisdorl A of 4 Rec Fee $21 00 Doc Fee 0 00 GARFIELO COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF MESA The foregoing Quitclaim Deed and Assignment was executed before me on this tf day of December, 2006, by Thomas F. Latham, Assignor. WITNESS my hand and official seal. My commission expires: Jo— -l- 1� C Z' STATE OF COLORADO ) )ss. 1111 COUNTY OF MESA ) oary Public { The foregoing Quitclaim Deed and Assignment was executed before me on this 1 s day of -u t c Y n, t , 2006, by Karen Lee Latharn 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: ) Q - - No4ry Public K:1L1VILATrOM1l.ATIIAM RANCHESIEx C Oxy Quitclaim Deed dm- 4 -