HomeMy WebLinkAbout1.0 Application826 21-12 ROAD
GRAND JUNCTION
CO 81505
TEL 970.263.7800
FAX 970.263.7456
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Tower Number 3
Proposed Location
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Tower Location (not to scale) Existing Private Roads
C) Tower Number 3
Guard Shack
-- Garden Gulch Road
County Roads
Parachute, CO
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1 inch equals 1 mile
Miles
PROJECT NO:
008-2428
DRAWN BY:
Leslie Booth
GIS Analyst
DATE: 12104/08
PROPOSED LOCATION MAP
TOWER NUMBER 3
MARATHON OIL COMPANY
GARFIELD COUNTY, COLORADO
OLSSON
ASSOCIATES
EXHIBIT
BUILDING & PLANNING DEPARTMENT
October 27, 2009
Craig Richardson
Olsson Associates
826 21 '/Z Road
Grand Junction, CO 81505
crichardson(coaconsultinq. com
Re: Request for Amendment to an Approved Special Use Permit
Resolution No. 2009-20
Dear Craig,
This office has reviewed your application to amend the "Communication Facility" approval
granted via Board of County Commissioner Resolution 2009-20. The request for amendment is
to allow for a change in location of the facility,
When considering an Amendment of a Special Use Permit the Director must first determine that
there is "No Substantial Change" using the criteria listed in Article 16: Definitions as listed in the
Unified Land Use Resolution of 2008 (ULUR). If the application does not meet the criteria for a
determination of Substantial Change the Director has the authority to approve your application.
After careful consideration of your application a determination of "No Substantial Change" has
been found, therefore your request to amend the existing approval for Communication Facility,
to allow for a change in location (within the same parcel), is hereby Approved.
An amended permit is attached and will be recorded with the Garfield County Clerk and
Recorder.
Do not hesitate to contact this office should you have further questions.
Sincerely,
Fred A. Jarman, AICP`J
Director of Building and Planning
Attachment
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
OLSSON
ASSOCIATE
Ms. Kathy Eastley, AICP
Senior Planner
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Subject: Special Use Permit Amendment Issued under Garfield County Zoning Resolution of 1978, as Amended
Dear Ms. Eastley
As outlined in Unified Land Use Resolution, Section 2-107 Marathon Oil Company (Marathon) is requesting an amendment to a
special use permit (SUP17208) approved by the Board of County Commissioners under the Zoning Resolution of 1978, as
Amended on Monday, March 2"d, 2009. Construction of the approved facility has not commenced. Oxy USA WfP LP (surface
owner) and Marathon have reached an agreement to construct SCADA Tower No. 3 approximately 1.5 miles northeast of the
approved location. The proposed location will better serve the SCADA communication network. This is the only alteration
requested. A copy of the new Surface Use Agreement and tower location map has been included with this application.
The proposed use does not result in a substantial change per the criteria below:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category. A change in land use category is not proposed.
2. A change in site design which increases
a. The number of dwelling units. An increase in dwelling units is not proposed.
b. The maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval. A change in total disturbance, facility height and accessory
structure size is not proposed.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change. Increases in Traffic or is not proposed. Amendments to existing access permits will not
required.
d. The size of the land which is the subject of the permit or
approval. The proposed location remains on Parcel No. 216921400026 as approved by the Board of County
Commissioners.
3. A change in land use which creates or increases the incompatibility of
the use. The proposed location is not a change of the approved use.
Please contact me with any questions regarding the proposed amendment at 970.263.7800 or on my cell phone at 970.985.1852.
Sincerely,
Craig Richardson
Permitting and Compliance Specialist
82621% Road TEL 970.263.7800
Grand Junction, CO 81505
FAX 970.263.7456 www.oaconsulting.com
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.qarfield-county.com
❑ MAJOR IMPACT REVIEW
❑ MAJOR IMPACT REVIEW [AMENDMENT]
ID SUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amendedi
GENERAL INFORMATION (Please print legibly)
Name of Property Owner: Oxy USA WTP LP
Mailing Address:76o Horizon Drive, Suite 101 Telephone: (970) 263-3637
> City: Grand Junction State: CO Zip Code: 81506 Cell: ( )
> E-mail address: FAX: ( )
> Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
> Marathon Oil Co
> Mailing Address: 743 Horizon Ct. Suite 220 Telephone:( 970)245-5233
> City: Grand Junction State:co Zip Code: 81506 Cell: ( )
> E-mail address: cryland@marathonoil . com FAX: ( )
> Requested Use from Table 3-501 or 3-502: Communication Facility
Amendment of facility location on subject property for
SUP17208 Resolution No. 2009-20;
> Street Address / General Location of Property:APProx 17.5 miles NW of the
Town of Parachute and W of County Road 215
> Legal Description: Section 16, T6S, R97W, 6th PM
> Assessor's Parcel Number: 2 1 6 9- 2 1 4 - 0 0- 0 2 6
D Existing Use: Natrual Gas activity and Agricultural
Property Size (in acres) 10303 .37 Zone District: RL - Plateau
Last Revised 10/6/09
GENERAL SUBMITTAL REQUIREMENTS
[The following general application materials are required for all Major Impact Review
Applications in Garfield County. Application materials and review standards that are
specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility ,
etc,) are detailed in Sections 3-301 of Article 111 and Article VII of the Unified Land Use
Resolution (ULUR) of 2008.]
A. Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
B. A narrative explaining the purpose of the application and supporting materials
that address the standards and criteria found in Articles III and VII of the
Unified Land Use Resolution of 2008.
C. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or within
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
E. Vicinity map: An 8' x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3 -mile radius of the subject property. The map shall be at a
minimum scale of 1"=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
F. A copy of the Pre -Application Conference form completed during the original
Pre -Application Conference.
G. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. Staff will request
additional copies once the application has been deemed technically complete.
I. Major Impact Review Process
The following section outlines and describes the Major Impact Review process for the
variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the
regulations themselves for a higher level of detail. [The following process is required
for applications for land use changes that are subject to Major Impact Review as
defined in Table 3-501 or 3-502 in Article 111.]
A. Outline of Process. The Major Impact Review process shall consist of the
following procedures:
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Public Hearing and Recommendation by the Planning Commission (4-
103 (G))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review application and are more fully defined in Section 4-502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4-502(C)(3))
3. Erosion and Sediment Control plan (4-502(C)(4))
4. Landscape Plan (4-502(C)(5))
5. Land Suitability Analysis (4-502(D))
6. Impact Analysis (4-502(E))
7. Improvements Agreement, if appropriate (4-502(1))
11. Major Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Major Impact Review permit shall require application to the Director
for Amendment of a Major Impact Permit Approval. The Director shall review the
application to determine whether the proposed change constitutes a substantial
change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Major Impact Review shall consist of the following procedures.
1. Pre -Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Decision by Director (4-104(B)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Major
Impact Review Amendment application and are more fully defined in Section
4-502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Signature o roperty Owner)
6 i0+ 0g
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Marathon Oil Company
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for SUP Amendment
Communication facility (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Signature
Mike Suek
Print Name
Mailing Address: 743 Horizon, Suite 220
/049 /�9
Date
Grand Junction, Co 81506
Page 4
GARFIELD COUNTY
Building & Planning Department
108 8"' Street, Suite 401
Glenwood Springs, Colorado 81801
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.aarfield-countv.com
PRE -APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER : 2169-214-00.026 DATE: October 16, 2009
PROJECT: Marathon Oil Company Communication Fadlity
OWNER: Oxy USA WTP LP
REPRESENTATIVE Olsson Assodates — Lorne Prescott
PRACTICAL LOCATION: Garden Gulch area (north of Parachute)
TYPE OF APPLICATION: Limited Impact Amendment (Existing SUP for Communication Facility)
1 GENERAL PROJECT DESCRIPTION
Existing permit for a 70' tall communication fadlity was conditionally approved by the BOCC,
memorialized in Resolution 2009-20. Permit was issued on March zo, zoog. Applicant seeks to
keep everything the same — same parcel, same facilities, same conditions virtually the same
approval already granted except for moving the location +t mile to the northeast.
Applicant should review the definition of Substantial Change and demonstrate how this
amendment does or does not meet that definition. If the Director of Building and Planning
determines that the change is not substantial then a Land Use Change itemizing the change
(and a map indicating area of change) is recorded. Prior to recording of the permit the ULUR
requires lo -day BOCC review period.
11. REGULATORY PROVISIONS APPLICANTS REQUIRED TO ADDRESS (DEVELOPMENT CODE
/ COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
> Garfield County Unified Land Use Resolution Sections:
4-107 Amendment of a Major Impact or Limited Impact Permit Approval
ID. REVIEW PROCESS
1. Pre -application conference
2. Submittal
3. Determination of Completeness
4. Determination of Substantial Change
5. If no substantial change, notice is provided to the BOCC
6. Land Use Change Permit recorded (if no call-up occurs from BOCC)
Public Hearing(s): None
Referral Agencies: None, if determination of NO Substantial Change occurs
IV. AE?.1SA'IIOt REVIEW FEE"
Planning Review Fees: $300.00
Referral Agency Fees: $
Total Deposit $3ao.00 (additional hours are billed at hourly rate)
General Application Processing
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of
review. Case planner makes a recommendation of approval, approval with conditions, or denial to the
appropriate hearing body.
Disclaimer
The foregoing summary Is advisory in nature only and Is not binding on the County. The summary is
based on current zoning, which is subject to change In the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right.
IIII'TiAi''MMYY,(MRNO1011,Neile11ti"1111
081P005M/3/209 04:55: 6PJean Alberico
1 of 2 Ree Fee:$16.00 Dos Fee:0.00 GARFIELD COUNTY CO
ORI MARATHON eOd Company
August 25, 2009
Via Certified Mail — Return Receipt Requested
Garfield County Attorney
108 8th Street
Glenwood Springs, Colorado 81601
RE: Delegation of Authority
Garfield County Board of County Commissioners:
James L. BOWzer
Regional Vice President
North America Production Operations
P.O. Box 3128
Houston, TX 77253-3128
Telephone 713/296-3400
FAX 713/296-3599
E -Mail: JBowzer@marathonoil.com
Please accept this statement of authority on behalf of Marathon Oil Company,,' an Ohio.
corporation ("Marathon"), which duly authorizes Mr. Michael 3. Suek, Operations
Manager, Piceance Project, and Mr. Donald W. Day, Drilling Superintendent, Piceance
Project to act on behalf of, and represent Marathon in all matters related to applications
for special use permits, conditional use permits, administrative permits, and land use
change permits (and may execute such applications) submitted to Garfield County until
such time as Marathon files of record statement that Mr. Suek and Mr. Day no longer
have such authority.
Marathon acknowledges that when any such permits are issued by Garfield County, the
County may choose to record such permits, and that such permits may contain covenants
that run with the particular lands identified in such permits.
This authorization replaces previous one filed with your office for Marathon's Piceance
Project, and shall be effective until further notice.
Should; you have any questions about the authority granted herein please do not hesitate
to give Ima D. Turner, Senior Attorney for Marathon a call at (713) 296-2558.
Regards,
Enclosure
Cc: Chris Cooper, Marathon
Don Day, Marathon
Lorne C. Prescott, Olsson Associates
Michael Suck, Marathon
CERTIFICATION
I, G. A. Karathanos, Assistant Secretary of Marathon Oil Company, an Ohio corporation
(the "Company"), hereby certify that the following is a true and correct copy of resolutions
unanimously adopted by a written Consent of Directors dated August 9, 2007, signed by all the
Directors of the Company:
"RESOI VED:That the Regional Vice Presidents, Organizational Vice Presidents,
Business Unit Leaders, and the Assistant Treasurer of this Company
located in Findlay, are hereby authorized:
(1) To execute on behalf of the Company
(a) permit applications; and
(b) reports required by pemits, responses to requests for
information issued by any permit issuing authority and permit
applications for Class II wells under the Underground Injection
Control Program;
all as required or permitted under the Clean Air Act, Clean Water
Act, Safe Drinking Water Act, Resource Conservation and
Recovery Act, Comprehensive Environmental Response,
Compensation and Liability Act, Toxic Substances Control Act or
corresponding state acts or any implementing regulations and any
amendments to such acts or regulations; and
(2) Where allowed by law, to delegate, in writing, the authority
granted under (1)(a) or (b) above to any employee of the Company
having responsibility for the overall operation of the regulated
facility or activity, or any employee of the Company having
responsibility for environmental programs at that regulated facility
or activity; and
FURTHER RESOLVED: That the resolutions of similar nature adopted on January 13,
2006 are hereby superseded."
This is to further certify that the foregoing resolutions are still in full force and effect on
this 18" day of August, 2009 and that J. L. Bowzer is a Regional Vice President of the Company
and that he is serving in such capacity on this date.
IN WITNESS WHEREOF, I have hereuntir ed my sis a ire and the seal ,of the,,
Company this 18`h day of August, 2009,
189134.00C
.1 ll (IIIA,.
8
sistant Secretary
arathon Oil Company
NIP WA V iW N% 01111
Reception#: 765032
03120/2009 t1:50:13 AM Jean Rtberlco
f of 1 Rao Fee:SO.00 Doe Fee:0.00 GARFIELD COUNTY Co
SPECIAL USE PERMIT
for
SUP1 7208
Oxy USA WTP LP (Operated by
Marathon Oil Company)
Section 16 T6S, R97W
Parcel Number: 216921400026
In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution
of 1978, .as amended, and Resolution No. 2009 - 20 of the Board of County
Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use
Permit, the following activity:
One 70 foot tall Communication Facility
The Special Use Permit is issued subject to the conditions set forth in the above-mentioned
resolution, and shall be valid only during compliance with such conditions and other
applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations;
Building Code, and other regulations of the Board of County Commissioners of Garfield
County, Colorado.
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISS •N ' S, GARFIELD
'` s COUNTY COLO • ° DO
Jerk of the Board
Ch
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765031
03124/2009 11:66:13 AM Jean Alberto°
t of 4 Reo Fee:$0.00 Doc Fee:0,00 GRRFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday, the 2nd day of March, 2009, there were present:
John Martin
Mike Samson
Trasi Houpt
Deborah Ouinn
Jean Alberico
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.20 09-20
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION (SUP17208) ALLOWING A 70 FOOT TALL
COMMUNICATION FACILITY LOCATED APPROXIMATELY 17.5 MILES
NORTHWEST OF THE TOWN OF PARACHUTE ON A PARCEL OWNED BY OXY
USA WTI' LP AND OPERATED BY MARATHON OIL COMPANY AND LOCATED
AT SECTION 16, TOWNSHIP 6 SOUT
COUNTYRAE97 WEST OF THE 6TH P.M.,
GAR
PARCEL NO. 216921400026
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 rd day of March, 2009, the Board of County Commissioners opened a public
hearing upon the question of whether the Special Use Permit should be granted, granted with
conditions, or denied at which hearing the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said Special Use Permit,
C. The Board of County Commissioners closed the public hearing on March 2nd
2009, and acted on the basis of substantial competent evidence produced at the
1101 "�YY #F1t7 N Ni�KGikh��d4; t4'Idh ��l IYON'� ni 1H
65031
0312012009 11:58:43 Art Joan Alberto°
2 of 4 Roo Fee -$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
aforementioned hearing.
D. The Application was deemed Technically Complete by Planning Staff prior to
December 31, 2008 and henceforth was reviewed under the requirements outlined in the
Garfield County Zoning Resolution of 1978, as amended.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
1. The forgoing Recitals are incorporated by this reference as part of this Resolution.
2. Proper public notice via publication, notice by mail and property posting pursuant
to Section 9.03.04 of the Garfield County Zoning Resolution of 1978, as amended
was provided as required by law for the hearing before the Board of County
Commissioners.
3. An application for a Special Use Permit was made consistent with the
requirements of Section 5.03 of the Garfield County Zoning Resolution of 1978,
as amended.
4. The public hearing 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.
5. The proposed Special Use Permit is in compliance with applicable zoning
regulations.
6. The proposed Special Use Permit is in the best interest of the health, safety and
welfare of the citizens of Garfield County.
7. A motion was made to approve the Special Use Permit application with the
following conditions:
1. That all representations of the Applicant, either within the application or
stated at the hearing before the Board of County Commissioners, shall
be considered conditions of approval unless explicitly altered by the
Board.
2. That the operation of the facility be done in accordance with all
applicable federal, state, and local regulations governing the operation of
this type of facility.
3. That the Applicant shall comply with the fire protection provisions
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Reception's: 165031
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3 of 4 Res Fee;SO.00 Oso Fee10.00 GARFIELD COUNTY CO
included in the rules and regulations of the Colorado Oil and Gas
Conservation Commission (COGCC) and the International Fire Code as
the Code pertains to the operation of this facility.
4. Emission of heat, glare, radiation and fumes: every use shall be so
operated that It does not emit heat, glare, radiation or fumeswhich
substantially interfere with the existing use of adjoining property o
which constitutes a public nuisance or haiard. Flaring of gases, aircraft
warning signals, reflective painting of storage tanks, or other such
operations which may be required by law as safety or air pollution
control measures shall be exempted from this provision.
5. That all proper building permits are obtained for the structures
associated with the operation of the Communication Facilities, if any.
6. The communication facilities must be available for fixture co -location
and the denial of a landowner/lessor co -location on a site shall be based
on technical reasons, not on competitive interests.
8. The Oxy USA operated by Marathon Oil Company is approveCommunication Facility
d by a vote of 3 p
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031
03/20/2004 /t160:13 PN Jean Atberieo
4 of 4 Rea Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO
Dated this 1 (0 _ day of tuc_ , A.D. 2009.
ATTEST: GARFIELD COUNTY s BARD OF COMMI
COUNTY, COLORADO
rOat 44 a
Ierk of the Board
Upon motion duly made and seed
following vote:
John Martin
Mike Samson
Tresi Houpt
GARFIELD
e
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, 1 have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2009
County Clerk and ex -officio Clerk of the Board of County Commissioners
tVlarathon
MAIIATHO OilCompany
September 30, 2009
OXY USA WTP LP
5 Greenway Plaza, Suite 110
Houston, TX 77046-0521
Peggy A. Gilbert, G.P.L.
Senior Land Professional
U.S. Land
U.S. Production
P. 0. Box 3467
Houston, Texas 77253-348
5555 San Felipe
Houston, TX 77056-2725
Telephone 713/296-3333
Fax :713/499-6769
Email: pgilbertCMarathon0il.com
Attn: Bruce Vollertsen
Re: Amendment to Surface Use Agreement dated September 24, 2008
Garfield County, Colorado
Gentlemen:
Reference is made to the Surface Use Agreement by and between OXY USA WTP LP
("OXY") and Marathon Oil Company ("Marathon") dated September 24, 2008 governing
operations for Marathon's Scada Tower 3 located on OXY surface (hereinafter "SUA").
Whereas, OXY is the surface owner of the SE/4 of Section 21, Township 6 South, Range
97 West, 6th P.M. of Garfield County, Colorado.
Whereas, under the terms of the SUA, Marathon was granted the right to construct Scada
Tower 3 in the NE/4SE/4 of Section 21, Township 6 South, Range 97 West, 6th P.M. of
Whereas, OXY is the surface owner of the SE/4 of Section 15, Township 6 South, Range
97 West, 6th PM: of Garfield County, Colorado.
Whereas, due to topographic issues, Marathon proposes that the site of Scada Tower 3 be
changed from the NE/4SE14 of' Section 21, Township 6 South, Range 97 West to the
SE/4 of Section 15, Township 6 South, Range 97 West,
In consideration of the mutual benefits to OXY and Marathon, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
OXY and Marathon agree to amend the SUA as follows:
OXY USA WTP LP
September 30, 2009
Page Two
1. The second Whereas on page one shall be amended to
EREAS, Marathon proposes to construct the Scada To
referred to as the "Tower") on the surface of the Lands in:
Township 6 South, Range 97 West
Section. SEM Section 15
as shown in Exhibit A attached hereto;
2. The current Exhibit "A" will be removed in its en
Exhibit "A" that is attached hereto.
3. The provisions of the SUA remain unchanged and in full force, excep
amended by this Amendment
you are in agreement wi
Exhibit "A", please execute i
attention of Peggy Gilbert
y; yours,
3. C. Albert
Land Manager New Ventures
e terms set forth in this Amendment Letter and its attached
the space provided below and return one original to the
pag
attachment
ACCEPTED AND AGREED to the above terms this (42 day of Oal'r41/1"K
2009.
OXY USA WTP LP
llyt bXY (AlPt lhc•, a
&fait Vanttua/
PrintedName: Alain (ckwcwflr
WILLIAM H. SMITH
& ASSOCIATES P.C.
SURVEYING CONSULTANTS
550 RAST 8 OND NORTH PROM 307-875-3658
GRIMM RIM WY 307-876-9690
www.wermtthpo.00m
DRAWN BY CED
JOB NO: 26099
DATE: 09/16/09
TOWER NUMBER 3
LOCATED IN THE
SE/4, SECTION 15,
TOWNSHIP 6 SOUTH,
RANGE 97 WEST.
SCALE: 1" = 2 MILES
VICINITY MAP FOR
ARATHON OIL COMPANY
P.O. BOX 3128
HOUSTON, TX 77253
5555 SAN FELIPE
HOUSTON. TX 77056
TOPO MAP Al
• -.
,‘'•\7`... •
:
.WLL PAD•
Tes
.r •-. •
WILLIAM H. SMITH
& ASSOCIATES P.C.
SURVEYING CONSULTANTS
550 EAST SECOND NORTH PHONZ 30-875-308
ORXXN RIVER WY 907-875-9892
www.whamithpo.00rn
TOWER NUMBER 3
LOCATED IN THE
SE/4, SECTION 15,
TOWNSHIP 6 SOUTH,
RANGE 97 WEST.
VICINITY MAP FOR
MARATHON OIL COMPANY
P.O. BOX 3128
HOUSTON, TX 77253
5555 SAN FELIPE
HOUSTON. TX 77056
DRAWN BY: CED
JOB NO: 26099
DATE: 09/16/09
SCALE 1" = 1 MILE
TOPO MAP A2
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WILLIAM H. SMITH
& ASSOCIATES P.C.
SURVEYING CONSULTANTS
660 EAST SITCOM muff PHONE 507-876-5530
MEW RIM WY 307-876-3030
www.whizaltbpo. 00122
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VICINITY MAP FOR
MARATHON OIL COMPANY
P.O. BOX 3128
HOUSTON, TX 77253
5555 SAN FELIPE
HOUSTON. TX 77056
TOWER NUMBER 3
LOCATED IN THE
SE/4, SECTION 15,
TOWNSHIP 6 SOUTH,
RANGE 97 WEST.
DRAWN BY: CED I JOB NO: 26099 I DATE: 09/16/09
SCALE: 1" = 2000'
TOPO MAP A3
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WILLIAM H. SMITH
& ASSOCIATES P.C.
SURVEYING CONSULTANTS
66O EAST SECOND NORTH PHONE 807-876-962e
CREEK RIVED WY 907-876-80.99
Irwinwhamltbpaoom
TOWER NUMBER 3
LOCATED IN THE
SE/4, SECTION 15,
TOWNSHIP 6 SOUTH,
RANGE 97 WEST.
VICINITY MAP FOR
MARATHON OIL COMPANY
P.O. BOX 3128
HOUSTON, TX 77253
5555 SAN FELIPE
HOUSTON. TX 77056
DRAWN BY: CED
JOB NO: 26099
DATE: 09/16/09
SCALE: 1 = 500'
TOPO MAP A4
CONTAINMENT •'EA
AND TANKS
RISERS
o il
— AND F CE'
0 0
o
N 'n
=-N "
mp
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EXISTING ACCESS ROAD
EXISTING MAIN
ROAD
WELL HEAD
AND FENCE
HEAT S:P RATOR,
TANK A ii FENCE
LAUNCH AND
CELLAR "ING
TIE TO S/4 SEC. 15 T6S,
S 5116'41" W 1380.2
SITE DETAIL
0
"
"N
m
8 C
/
/
/
/
E
CONCRETE FOUNDATION
EXISTING TRAFFIC
AREA ACROSS PAD
EXISTING OXY 15-54 WELL PAD
PROPOSED ACCESS ROAD
PROPOSED TOWER LOCATION
SEE DETAIL BELOW
S 88'08'50" E
20.0 PROPOSED
GA TES ACCESS ROAD
PANEL
CONTROL
TcBASE
0
WER
^lo
u) o
N
/
/ CONCRET
/ FOUNDATION
L.
FENCE
20.0
2.5
M
J
TIE TO S/4 SEC. 15 T6S, R97W,
S 5116'41" W 1380.2
WILLIAM H. SMITH
& ASSOCIATES P.C.
SURVEYING CONSULTANTS
550 EAST SECOND NORTH PHONE 307-875-3638
GREEN RIVED WY 307-875-3639
www whsmithpc. com
TOWER NUMBER 3
LOCATED IN THE
SE/4, SECTION 15,
TOWNSHIP 6 SOUTH,
RANGE 97 WEST.
TOWER MAP FOR
MARATHON OIL COMPANY
P.O. BOX 3128
HOUSTON, TX 77253
5555 SAN FELIPE
HOUSTON. TX 77056
DRAWN BY: CED
JOB NO: 26099
DATE: 09/16/09
SCALE: NOTED
PAGE 1 OF 1