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HomeMy WebLinkAbout1.0 ApplicationBEATTIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON Glenn Hartmann 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 February 25, 2014 Garfield Co unty Co mmunity Development 108 8th Street , #401 Glenwood Springs, CO 8160 I TELEPHONE : 970-9 45-8659 FAX: 970·945·8671 JHANSON@BC H-LAW.COM Re: Puckett Land Company -Minor Subdivision Application Dear Glenn: Attached are the following a pplication submittal document s for th e Puckett La nd Company ("Puckett ") Lindauer Minor Subdivision (three hard copies and one eel): 1. Application Form -Minor Subdivision 2 . Payment Agreement Form 3. Pre-Application Conference Summary 4. Statement of Authority authorizing Eric R. Stearns to act on behalf of Puckett 5. Letter of Authorization regarding Julie S. Hanson and Chuck \Vhiteman 6. Proof of Ownership 7. Adjacent Neighbors and Mineral Rights Owners 8. Draft Plat 9 . Vicinity Map I 0. Site Plan Documents 11. Statement regarding compliance with Article Vll of Land Use Code 12 . Requ es t for Waiver of Standards 13 . Letter regarding Lessee 's compliance with Resolution No. 20 l 0-18 14 . Colorado Geological Survey Submittal Form for Land Use Reviews Please let me knmv if you have any questions or need additional informati on. Very truly yours , Julie S. Hanson Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 {970) 945-8212 www.garfield~county.com --------------------------------------------------------- TYPE OF SUBDIVISION/EXEMPTION ---------- ----- DIVISIONS OF LAND APPLICATION FORM ... --1 -------------- ----------------------1 0 Minor Subdivision 0 Preliminary PlanAmendment I Major Subdivision 0 Final Plat Amendment 0 Sketch D Preliminary[]_ Final -j 0 C.<Jmmon Interest Community Subdivision I Conservation Subdivision ______________ L 0 Public/County Road Split Exe111ption ___ _ ·1 0 Yield D Sketch [] Preli111inary[]Final 0 RuralLand De\'elopn:ientExe111ption 0 Time Extension INVOLVED PARTIES Owner/Applicant Name: Puckett Land Co. Mailing Address: 5460 Quebec St. city: Greenwood Village E-mail: ericstearns@puckettland.com Representative (Authorization Required) Name: Eric R. Stearns Phone: ( 303 ) 763-1000 State: CO Zip Code: _8_0_1_1_1 ___ _ Phone: ( 303 ) 763-1000 Mailing Address: _s_a_m_e ________________________ _ City: ______________ State: ___ Zip Code: _____ _ E-mail: PROJECT NAME AND LOCATION Project Name: Lindauer Yard Minor Subdivision Assessor's Parcel Number: 11_ D__ __ -291 __ -00 _ -005 __ Physical/Street Address: 4± miles North of Parachute on County Road 215 Legal Description: LEGAL Section: 29 Township: 6 Range: 96 SEC 28 LOT 4(40.53A), S2NW & LOT 9(31.87A & NESW (33.SSA) SEC 29 LOT 1 (40.97 A) 5(41.03A) 6(41.07 A) 7(41.0SA) EXCEPT 10.28 AC. FOR CO. RD. 215 ROW. zone District: Resource Lands Property Size (acres): 341 Acres± Project Descripti()n Existing Use: IRRIGATED LAND-AGRICL TRAL. FARM/RANCH RESIDENCE-IMPS GRAZING LAND-AGRICULTURAL WASTE LAND, OIL & GAS Proposed Use (From Use Table 3-403): JNDU_s_T_R_JA_L_LA_Yo_o_w_N_Y_A_Ro _______________ _ Description of Project: This project is for the purpose of separating a lot consisting of the fay down yard subject to Land Use Change Permit approved by Resolution 2010-18 together with adjacent lands so the property may be treated independent from the parent parcel in any real estate transactions or development activities. Proposed Development Area Land Use Type Single Family Duplex Multi-Fa111ily Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements #of Lots #of Units .. Acreage. 0 14.2414 Ac.± NA 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: ----------------Section: _______________ Section: _______________ _ Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-104 Section: ---·------------ Section:--------------Section: --------------- I have read the statements above and have provided the required attached information which is cor.'.);~,~~~~~;f ate to the best of my knowledge. l/ //,.,-//(1-.. , .• -. -~v--~,S~-------------------2/20/2014 Signature of Property Owner Date OFFICIAL USE ONLY FileNumber: _______ _ Fee Paid:$ ___________ _ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Puckett land Co. ______________________________ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ Minor Subdivision 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant 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, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:_E_r_ic_R_. _S_te_a_r_n_s ________ Phone: ( 303 ) 763-1000 Billing Contact Address: _5_4_6_0_0_u_e_b_e_c_S_t_. -------------------- City: Greenwood Village State: CO Zip Code: _8_0_1_1 _1 ___ _ Billing contact Email: ericstearns@puckettland.com Printed Name of Person Authorized to Sign: _E_r_i_c_R_. _S_t_e_a_rn_s ______________ _ ,.-~ /,..,-) 7 ')//.;7->-::_ ii . [//< /:Jh, .. -- (Signature) 2/20/2014 (Date) GARFIELD COUNTY ' Community Development Department 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 . www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2171-291-00-005 DATE: August 15, 2013 PROJECT: Puckett Land Company Minor Subdivision OWNER: Puckett Land Company REPRESENTATIVE: Chuck Whiteman, Puckett Land Company Julie Hanson, Attorney Barry Giles, Surveyor PRACTICAL LOCATION: The proposed subdivision is located off of County Road 215, approximately 4 miles north of Parachute, Colorado. It is generally located in Sections 28 and 29, T6S, R96W. TYPE OF APPLICATION: Minor Subdivision ZONING: Resource Lands -Gentle Slopes COMPREHENSIVE PLAN: Industrial I. GENERAL PROJECT DESCRIPTION This proposal was originally submitted as a request for a Subdivision Exemption under the previous Garfield County Land Use Resolution of 2008 as amended. Difficulties with the exemption criteria and the subsequent adoption of a new code (Garfield Land Use and Development Code), have resulted in the current proposal pursuant to the new Minor Subdivision process. The Applicant is proposing Minor Subdivision to create one new lot out of a 341.5 acre tract. The proposed lot is approximately 14.5 acres in size and contains an existing storage facility. A Land Use Change Permit was issued in 2010 for "Storage: Supplies, Machinery, Equipment, and Products" through a Limited Impact Review process (LIPA-6239) The approval was granted pursuant to Board of County Commissioner's Resolution 2010-18 and contains conditions of approval for operation of the facility. The minor subdivision would allow the sale of the property and related storage facilities in lieu of continuation of an existing land lease. The property is fully operational and has improved access off of County Road 215. Verification of appropriate access permits from the County Road and Bridge Department and compliance with any conditions of approval will be required. The storage yard operation is fenced and improved with gravel surfacing and several yard lights. The site is served with electric power but has no water or sanitation services. The current use and the Applicant's subdivision proposal do not propose any potable water or sanitation services. Waiver requests will be required as part of the submittals. Initial staff review has indicated the potential for a call-up for review by the Board of County Commissioners to deal with the water and sanitation waivers in the subdivision context. Pre-application discussions included the potential use of deed restrictions and plat note restrictions to ensure that future uses of the lot are consistent with the current industrial operation and would not be able to convert to uses that require potable water and sanitation without further review and approvals by the County. The current code requirements regarding provision of water are summarized as follows: 1) legal supply of water such as a well permit from the Division of Water Resources approved to serve the proposed use/lot; 2) a 4 hour pump test indicating adequate production to serve the lot including an opinion/finding from a water professional; and 3) a water quality test consistent with the code requirements indicating that the water meets state standards. Confirmation of compliance with all current conditions of approval contained in Resolution No. 2010-18 should be part of the Minor Subdivision review. No change to the existing industrial storage operation is proposed in association with the subdivision exemption. The Applicant was also advised of the provisions of Section 5-301 that establish that a Parcel is eligible for the Minor Subdivision Process one time and that further subdivisions would be processed as major Subdivisions. II. COMPREHENSIVE PLAN · ZONING The site is located in area designated as Industrial (purple) by the Comprehensive Plan 2030 as shown on the excerpt from the Future Land Use Map above. The red band is the limit of the Town of Parachute "area of influence''. The proposed lot will also need to meet the Resource Lands -Gentle Slopes zone district standards including setbacks and minimum lot size. These details are contained in Table, 3-201. Ill. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code are applicable to the proposed application: l> Section 5-301 Minor Subdivision l> Table 5-103 Common Review Procedures and Required Notice l> Section 5-401 and Table 5-401 Submittal Requirements l> Section 5-402 Description of Submittal Requirements including Final Plat l> Section 4-103 Administrative Review l> Provisions of Article VII, Articles 1, 2, and 3 as deemed applicable including adequate provision of water and sewer to serve the site l> Section 4-112 Call-Up to the BOCC IV. ADDITIONAL SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of additional information typically required for this type of application: l> Proof of Ownership (title work or copy of a deed) and information on any lien holders. l> Names and mailing addresses of properties within 200 ft. of the subject property, including mapping from the Assessor's Office showing ownership. Mineral rights ownership for the subject property including mailing address. l> If owner intends to have a representative (Planner or Attorney) a letter of authorization to represent is needed. l> Copy of the Preapplication Summary needs to be submitted with the Application. l> Copy of the Application Form, Application Fees and signed Payment Agreement Form. l> The Proposed Minor Subdivision Plat showing the proposed lot lines, utility easements, and access easements. The plat needs to include both lots (14 acres and remainder lot) created/covered by the plat. l> The plat should include improvement location information adequate to confirm that no nonconforming conditions will result from the proposed lot split. l> Vicinity Map including areas within approximately 3 miles. l> Information as applicable to demonstrate compliance with provisions of Article VII (including provision of utility services including but not limited to water and sewer, access, soils, geology, and hazard review/mitigation). Application formatting that addresses each section is recommended. l> Application information needs to address both lots including services for the both the proposed 14 acres lot and the remainder lot also included within the Minor Subdivision Plat. l> Referral to the Colorado Geological Survey is also required which requires an additional referral fee. l> Waiver requests from submittal requirements or standards need to be included in the submittals and waiver criteria clearly addressed. l> Demonstration or representations addressing compliance with Resolution 2010-18 Existing Conditions of Approval for the Land Use Change Permit. l> A narrative describing the request and related information. V. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Administrative Review including: Preapplication meeting, Submittal of Application (3 hard copies & one copy on CD), Completeness Review, Additional Submittals and Referrals, Setting a date for the Director's Decision, Public Notice to Property Owners within 200 ft. and mineral rights owner, Director's Decision, Call-up Period, Finalizing the Minor Subdivision Plat and any required conditions, Circulation for Applicant & Other Signatures, Board of County Commission Signature of the plat as a consent agenda item. The Application may be called up for review by the Director, the Board of County Commissioners, the Applicant, or an affected Adjacent Property Owner in accordance with the procedures and review process contained in Section 4-112 . Public Hearing(s): .lL Directors Decision (with public notice -may be call-up for a public hearing with the Board of County Commissioners) _Planning Commission __ Board of County Commissioners _ Board of Adjustment Referral Agencies: May include but are not limited to: Garfield County Surveyor, Garfield County Road and Bridge Department, Garfield County Consulting Engineer, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Colorado Division of Water Resources, Colorado Geological Survey, Grand Valley Fire Protection District, Town of Parachute. V. APPLICATION REVIEW FEES Planning Review Fees: Referral Agency Fees: Total Deposit: $400 $1bd $400 (additional hours are billed al hourly rate of $40.50) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. The case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review and makes a recommendation of approval, approval with conditions, or denial to the Director of the Building and Planning Department. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: of zr/1s Glenn Hartmann, Senior Planner Date Garfield County Community Development Department BTATJUtENT OP' AUTHORITY Pursuant to C,R,S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Puckett Land Company a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other}, an entity other than an individual, capable of holding title to real property {the "Entityn), and states as follows: The name of the Entity is Puckett Land Company and is formed under the laws of ~~C~o~l~oc=r~a~d~o'--~~~~~~~~~~~ The mailing address for the Entity is 5460 s. Quebec st .. Suite 250, Greenwood Vjllage. CO 80111 The name and/or position of the person execute ins.truments conveying, encumbering, affecting title to real property on behalf of Eric B. Stearns, its President authorized to or otherwise the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows : "o~n""e"-'H~u~n~d~r"'e~duT~h~o~u,.,,s~a~n~d,_,D~o"-"l~l~a~r~s,_ ________ _ (if no limitations, insert ~None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other natter, leave this section blank) EXECUTED this -2.3.J:dday of Augus\)2: ~ signature-:... __ ~ .... ~-L~·L~ Name (tyPed or printed: R. E Puckett Title (if any) : Board Chairman STATE OF Colorado J )SS. COillITY OF __AI;:ahC)hoe ) The foregoing instrument was acknowledged before ne --~11ll"1J"'1:_ _____ , 2 oU by R E pucke t t Puckett rand Campany , as Board Chairman 05/09 .----·) Witness my hand and official seal. My commission expires: ~~~·5t~·,/,Ll~<ft~·~~1~}~~- [SEAL} RAYMOND S. ANDERSON NOTARY PUBLIC STATE OF COLORADO '"' i·fi.•f{IJ 7'-': PUCKED LAND COMPANY 5460 So. Quobec St., Suite 250 Greenwood Village, CO 80111 this 23rd day of on behalf of February 24, 2014 Garfield County Community Development Department 108 8'11 Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Minor Subdivision, Lindauer PDC Yard Parachute, CO 81635 Garfield County, Colorado Ladies and Gentlemen: ~ PUCKEI I Land Company I, Eric R. Stearns, President and CEO of Puckett Land Company authorize Julie S. Hanson, of Beattie, Chadwick & Houpt, LLP, and Chuck Whiteman to act on Puckett Land Company's behalf with regard to a request for approval of a Minor Subdivision in Garfield County, Colorado. Eric R. Stearns President and CEO FECOF.t>Et> AT I'~ IEC l 419366 NO REA!. PR&ERTY lPJ.NSfER OEClARATIQN AOOJMPAN°EO lHiS oo-:.u.·~F!iT o• CLOCK 'f' .M. DEC 6 1990 Mllt>REO ~lSDORF1 COUNTY ClERK GARFl~LD COUN1Y1 COLORADO SPECIAL WARRANTY DEED (Garfield County, Colorado) ~ooi: 794 rm497 urtRFl~D\990 Stafo Doc. Pee ATLANTIC RICHFIELD COMPANY, acting through its ARCO Coal Company division ("Seller"), a Delaware corporation, whose address is 555 Seventeenth Street, Denver, Colorado 80202, Attn: Land Department, for and in consideration of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells and conveys to PUCKETT LAND COMPANY ("Purchaser"), a Colorado corporation, whose address is 7800 East Union Avenue, Suite 130, Denver, Colorado 80237, and their succassors and assigns forever, the following real property located in Garfield County, Colorado: a. All of Seller's right, title and intarest, in and to the fee, mineral and real property interests, excluding the water rights, if any, in the real property located in Garfield county, Colorado as more specifically described in Exhibit A (the "Properties"); b. All of Sellar's right, title and interest in and to the water rights, if any, listed on Tables 1-4 attached hereto (the "Water Rights"). c. All of Seller's right, title and interest in and to all personal property, buildings and improvements located on and appurtenant to the properties described in Exhibit A (the ''Improvements"}. The Water Rights and Improvements are sold AS rs, WHERE IS, and Seller makes no warranties or representations of any kind or character, express or implied, including any warranty of title, quality, merchantability or fitness for a particular purpose, including without limitation the condition of the Improvements or their electrical, mechanical, plumbing, structural, roof or any other system, and the title, quantity, quality, priority or right to use the water rights conveyed with the Properties. Further, Seller makes no representations or warranties whatsoever regarding the zoning or other restrictions of any of the Assets or regarding what alternative uses to which the Assets might be put. The Properties are sold AS rs, WHERE IS, and Seller makes no repre~entation or warranty of any kind and character, express or implied as to real property title, except that Seller does warrant title against any claim arising by, through or under Seller as to the real property title to the Properties. The parties specifically agree that the terms, conditions, representations and warranties contained in that certain Purchase and Sale Agreement (Oil Shale Properties) dated October 31, 1990, by and between ARCO and Puckett, will not merge with the terms, conditions, representations and warranties contained in this Special Warranty Deed, In Witness Whereof, Seller has caused these presents to be executed in its corporate name by an \JIG£ l>PIPI~ of the Corporation, effective as of the ')/fl\ day of Novem<ir,1990. ATTEST ~i~ . ,!f!~Cc' G' . · . STAT& 'OF COLORA;;;? ) . .. .. ·CJTY AND ) SS. COUNTY OF DENVER ) ARCO COAIJ COMPANY I a division of ATLANTIC RICHFIELD COMPANY, a Delaware corporation ~r~1tm~d. .this ~x 1-T~:Y f~~·efi~;~~b!~~t~~;~n~Y w?/~zoglej9;~ 1~fore m:s ~il fl c.c :,:Jp ... (,.;Jof ARCO Coal Company, a divLsion of Atlantic Richfield . :~ Company, a Delaware corporation. )fi [SEAL) ~ ~~ ~/ ~~fr:' My conirnission expires: , 1 · l -2- .,.: .:;/·: . :~~ .. ''·.·.,·.• ... ·.· .... \!_·~.·.~ . ·,/;j/.;. ·.. ~ '-" ~ sooi 794 rm409 EXHIBIT A (Gartield, CO) DOW RIVER -TOSCO 40% 01C02140038 THE FOLLOWING DESCRIBED PARCELS OF lAND SlfUATf, LYING AND BEING IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO 'NIT: TRACT 1: SECTION 34 (AND SECTION 3, TOWNSHIP 7 SO.,TH, RANGE 95 WEST OF THE 6TH P.M.) THAT PART OF THE EAST HALF (El2) OF THE SOUTHWEST QUARTER (SW/4), SECTION 34, TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND THAT PART OF LOT ONE (1), SECTION 3, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID EAST HALF (E/2) OF THE SOUTHWESi QUARTER (SW/4) AND SOUTHERLY BANK OF WILCOX CANAL WHENCE THE NORTH QUARTER (N/4) CORNER OF SAID SECTION 34 BEARS NORTH O DEGREES 30 MINUTES EAST, 2,987.9 FEET: THENCE FOLLOWING THE SOUTHERLY BANK OF THE WILCOX CANAL SOUTH 61 DEGREES 0 MINUTES WEST, 631.6 FEET; THENCE SOUTH 41 DEGREES 01 MINUTES WEST, 476,9 FEET: THENCE SOUTH 59 nEC?~~E!S 55 Ml~·~L'TES WEST, .;;:o.~ FEET TO THE CENTER OF COTTONWOOD CREEK; THENCE, FOLLOWING THE CENTER OF COTTONWOOD CREEK, SOUTH 30 DEGREES 0 MINUTES EAST, 37.0 FEET; THENCE SOUTH 57 DEGREES 30 MINUTES EAST, 95.0 FEET: THENCE SOUTH 24 DEGREES 0 MINUTES F.AST, 218.0 FEET· THENCE SOUTH 14 DEGREES 0 MINUTES WEST, 250 FEET: THENCE SOUTH 1 DEGREES 0 MINUTES EAST, 106 FEET; THENCE SOUTH 32 DEGREES 0 MINUTES WEST, 160 FEET: THENCE SOUTH 17 DEGREES 30 MINUTES EAST, 228 FEET; THENCE SOUTH 15 DEGREES 0 MINUTES EAST. 138 FEET: THENCE SOUTH 53 DEGREES O MINUTES WEST, 103 FEET: THENCE SOUTH 19 DEGREES 30 MINUTES EAST, 190 FEET; THENCE SOUTH 5 DEGREES 0 MINUTES WEST, 215 FEET; THENCE SOUTH 2 DEGREES 0 MINUTES EAST, 180 FEET; THENCE SOUTH 21 DEGREES 0 MINUTES WEST, 253 FEET; THENCE SOUTH 40 DEGREES 0 MINUTES EAST, 75 FEET; THENCE SOUTH 1 DEGREES 0 MINUTES WEST 108 FEET; AND THENCE SOUTH 50 FEET TO iHE COLORADO RIVER. SECTION 34: SOUTH HALF (S/2) OF THE NORTHEAST QUARTER (NEl4), EXCEPT THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER (SW/4) OF THE NORTHEAST QUARTER (NE.'4); THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SEJ4); THAT PART OF LOT ONE (1) LYING NORTHERLY OF THE RAILROAD RIGHT-OF·WAY; AND LOT TWO (2). SECTION 35: SOUTHWEST QUARTER (SW/4) OF THE NORTHWEST QUARTER (NW/4); NORTHEAST QUARTER (NEJ4) OF THE NORTHWEST QUARTER (NW/4); NORTHWEST QUARTER (NW/4) OF THE NORTHEAST -1- &OOK ?94 PiGE500 DOV/ RIVER -continued QUARTER (NE/4); SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4); THAT PART OF THE NORTHWEST QUARTER (r#//4) OF THE SOUTHWEST QUARTER (SW/4) AND LOTS ONE (1), THREE (3), FOUR (4) AND EIGHT (8) LYING NORTHERLY OF THE RAILROAD RIGHT-OF-WAY. St:CTION 36: THAT PART OF LOT THREE (3), LYING NORTH OF THE RAILROAD RIGHT-OF.WAY; AND SECTION 26: THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHEA&"T QUARTER (SE/4). SECTION 25: THAT PART OF THE SOUTHWF.ST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4) LYING tiORTH OF "iliE RAILROAD RIGHT-OF·WAY. EXCEPTTHOSE PARCELS OF LAND KNOWN AS PARl'ELS NO. 400, 401, E-401A ANO E-401 B AWARDED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, BY AMENDED RULE ANO ORDER CASE NO. 79 CV 96 DATED 12/1511981. CONTAINING 458.759 ACRES, MORE OR LESS. -2- HAYSTACK/PIONEER 01 C02180018 01 C0218002B THOSE CERTAIN LANDS AND REAL PROPERTY, WITH THEIR APPURTENANCES SITUATED, LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS, TO-WIT: THE ANNEX NO. 3, ANNEX NO. 4, ANNEX NO. 5, ANNEX NO. 7 ANO ANNEX NO. 8 OIL SHALE PLACER MINING CLAIMS, SITUATE IN THE MT. LOGAN MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 17: NWl/4 (ANNEX NO. 3 CLAIM) SECTIClN 18: NEl/4 (ANNEX NO. 4 CLAIM) SECTION 18: NWl/4 (ANNEX NO. 5 CLAIM) SECTION 7: SEl/4 (ANNEX NO. 7 CLAIM) SECTION 8: SW1/4 (ANNEX NO. 8 CLAIM) CONTAINING 800 ACRES. MORE OR LESS. THE FOLLOWING TRACTS OR PARCELS OF LAND. SITUATE IN THE COUNTY OF GARFIELD. AND STATE OF COLORADO, AND PARTICULARLY DESCRIBED AS TRACTS NOS. 1 TO 13 INCL. (1) NO. 316 FEE -THE JESSYE B. NO. 7 CLAIM COMPRISING THE SOUTHWEST QUARTCR (SWl/4) OF SECTION THIRTY (30) IN TOWNSHI:' SIX (6) SOUTH OF RANGE NIN8V-~IX (~?)WEST IJF "''E SIXTH (6TH) PRINCIPAL MERIDIAN; THE JESSYE 8. NO. 8 CLAIM COMPRISING THE LOTS THREE (3) AND FOUR (4) AND THE WEST HALF ty/1/2) OF THE SOUTHEAST QUARTER (SE114) OF SAID SECTION THIRTY (30): THE JESSYE B. NO. 9 CLAIM COMPRISING THE NORTHWEST QUARTER (NWl/4) OF SECTION THIRTY-ONE (31), SAID TOWNSHIP AND RANGE; AND THE JESSYE B. NO. 12 CLAIM COMPRISING THE LOTS SIX (6) AND SEVEN (7) AND THE NORTH HALF (Nl/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION THIRTY-ONE (31); THE PREMISES HEREIN GRANTED, CONTAINING 600.05 ACRES, MORE OR LESS. (2) NO. 317 FEE · THE DENVER NO. 98 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NWl/4) OF SECTION TWENTY-FIVE (25); THE DENVER NO. 117 PLACER MINING CLAIM. EMBRACING THE NORTHEAST QUARTER (NEl/4) OF SECTION TWENTY-THREE (23): THE DENVER NO. 118 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NWl/4) OF SECTION TWENTY-THREE (23); THE DENVER NO. 122 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NWl/4) OF SECTION TWENTY-FOUR (24); THE DENVER NO. 124 PLACER MINING CLAIM, EMBRACING THE SOUTHWEST QUARTER (SWl/4) OF SECTION TWF.NTY-FOUA (24); ALL IN TOWNSHIP SIX (6) SOUTH, RANGE NINETY·SFVEN (97) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN AND CONTAINING 800 ACRES, MORE OR LESS. (3) NO. 310 FEE -JESSYE B. NO. 1, NORTHEAST QUARTER (NEl/4) OF SECTION TWE•ff:-FOUR (24), TOWNSHIP SIX (6) .3. ' .• BOOK 794 PIGf 502 HAYSTACK/PIONEER -continued SOUTH, RANGE NINETY-SEVEN (97) WEST JESSYE B. NO. 2, SOUTHEAST QUARTER (SEt/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIX (6) SOUTH RANGE NINETY-SEVEN (97) WEST JESSYE 8. NO. 3, SOUTHWEST QUARTER (SW1/4) OF SECTION NINETEEN (19), TOWNSHIP SIX (6) SOUTH, RANGl' ~INETY-SIX (96) WEST JESSYE B. NO. 4, NORTHWEST QUARTER (NW1/4) OF SECTION THIRTY (30), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SIX (96) WEST JESSYE B. NO. 5, NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SEVEN (97) WEST AND CONTAINING 800 ACRES, MORE OR LESS. (4) NO. 319 FEE -THE SOUTHWEST QUARTER (SW1/4) OF THE NORWWEST QUARTER (NW114) AND THE NORTH ONE-HALF (Nl/2) OF THE SOUTHWEST QUARTER (SW! 14) AND THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THIRTY-TWO {32), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SIX (96) WEST, AND CONTAINING 160 ACRES, MORE OR LESS. (5) NO. 329 FEE ·TWO (2) CERTAIN PATENTED PLACER MINING CLAIMS KNOWN AS THE A.O.S.P. NO. 10 AND ,\.O.S,P, NO. 11 PLACER MINING CLAIMS, SITUATE IN G,\RFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE AO.S.P. NO, 10 CLAIM COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX (26) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST OF THE SIXTH PRINCIPAL MERIDIAN: AND THE A.O.S.P. "10, 11 ClAIM co~irn:s:NG THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION TWENTY-SIX (26); THE PREMISES HEREIN GRANTED CONTAINING THREE HUNDRED TWENTY ACRES. BEING THE IDENTICAL PREMISES DESCRIBED IN PATENT NO. 940679, COVERING SAID LANuS, WHICH WAS DULY RECORDED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GARFIELD COUNTY COLORADO, ON JULY 10, 1924, IN BOO:< 141 AT PAGE 536. (6) NO. 330 FEE -THE A.0.S.P. NO. 5 PLACER MINING CLAIM, SITUATE IN THE PARACHUTE MINING DISTRICT. GARFIELD COUNTY, COLORADO, DESCRIBED AS THE TRACT SIXTY-THREE OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH uF RANGE NINETY-SEVEN (97) WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND CONTAINING 160 ACRES, MORE OR LESS. THE JESSYE B. NO. 6, JESSYE B. NO. 10, JESSYE B. N0.11, JESSYE B. NO. 13, JESSYE B. NO. 16. A.O.S.P. NO. 1, A.0.S.P. NO. 2. AO.S.P. NO. 4. AND AO.S.P. NO. 5 PLACER MINING CLAIMS, SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE JESSYE B. NO. 6 CLAIM, COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-FIVE (25) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST; + _,._ --,,, -..... . . . . ···'. . ,.· .. .-. --: -._·.-.:: .. . • --<,C) ~OD! ?'9'1 IAGE503 HAYSTACK/PIONEER ·continued THE JESSYE B. NO. 10 CLAIM, COMPRISING LOTS ONE (1) AND TWO (2) OF SECTION THIRTY-SIX (36), IN TOWNSHIP SIX (6) SOlJTH OF RANGE NINETY-SEVEN (97) WEST; TRACT FIFTY-NINE (59) OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST: THE JESSYE B. NO. 11 CLAIM COMPRISING TRACT SIXTY (60) OF SECTION ONE (1); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST: THE JESSYE B. NO. 13 CLAIM COMPRISING LOTS FNE (5) AND SIX (6) ANO THE SOUTH HALF (S1/2) OF SOUTHEAST QUARTER (SEl/4) OF SECTION ONE (1) AND THE NORTH HALF (N112) OF NORTH HALF (Nl/2) OF NORTHEAST QUARTER (NE114) AND NORTH HALF (N112) OF NORTH HALF (N1/2) uF SOUTH HALF (Sl/2) OF NORTH HALF (N112) OF NORTHEAST QUARTER (NEl/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST; THE ·JESSYE B. ND. 16 CLAIM COMPRISING THE SOUTH HALF (8112) OF NORTH HALF (N112) OF SOUTH HALF (Sl/2) OF NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NEl/4), SOUTH HALF (S112) OF SOUTH HALF (S1/2) OF NORTH HA\.F (Nl/2) OF THE NORTHEAST QUARTER (NE1/4), SOUTH HALF(S1/2) OF NORTHEAST QUARTER (NE1/4), THE NORTH HALF (N112) OF THE NORTH HALF (N112) OF THE SOUTHEAST QUARTER (SE114), THE NORTH HALF (Nl/2) OF NORTH HALF (Nl/2) OF $r)UTH f-'A'.c (S~/2) OF NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE~/4) OF SECTION TWELVE (12), TOWNSHIP SE'!EN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST: THE A.O.S.P. NO. 1 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWENTY-FIVE (25), TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST; (7) NO. 330 FEE • THE A.0.S.P. NO. 2 CLAIM COMPRISING LOTS THREE (3) AND FOUR (4) OF SECTION THIRTY-SIX (36), TOWNSHIP SIX (6) SOlJTH OF RANGE NINETY-SEVEN (97) WEST; TRACT SIXTY-TWO (62) OF SECTION or:s (1); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; A.0.S.P. NO. 4 CLAIM COMPRISING LOTS SEVEN (7) AND EIGHT (8) AND THE SOUTH HALF (Sl/2) OF THE SOUTHWESTOUARTER (SWl/4) OF SECTION ONE (1) AND THE NORTH HALF (Nl/2) OF THE NORTH HALF (Nl/2) OF THE NORTHWEST QUARTER (NW1/4) ANO THE NORTH HALF (N1/2) OF THE NORTH HALF (N112) OF THE SOUTH HALF (S112) OF THE NORTH HALF (Nl/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST; A.O.S.P. NO. 5 CLAIM COMPRISING THE SOUTH HALF (Sl/2) OF NORTH HALF (N1/2) OF SOlJTH HALF (Sl/2) OF NORTH HALF (N1/2l OF THE NORTHWEST QUARTER (NW1/4). THE SOUTH HALF (Sl/2) OF SOUTH HALF (Sll2) OF NORTH HALF (N1/2) OF NORTHWEST QUARTER (NW1 /4), SOUTH .;. HAYSTACK/PIONEER· continued \ HALF(S1/2) OF THE NORTHWEST QUARTER (NW1/4), THE NORTH HALF (N1/2) OF NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SWl/4), THE NORTH HALF (N1/2) OF NORTH HALF (N1/2) SOUTH HALF ($1/2) OF NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; THE PREMISES HEREIN GRANTED CONTAINING ONE THOUSAND FOUR HUNDRED THIRTY-EIGHT AND ELEVEN HUNDREDTHS OF AN ACRE (L438, 11). JESSYE B. NO. 18 PLACER MINING CLAIM SfTUA TE IN THE PARACHUTE MINING DISTRICT. GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS; LOTS FIVE (5), EIGHT (8) AND NINE (9) AND THE NORTHWEST QUARTER (NWl/4) OF THE SOUTHEAST QUARTER (SEl/4) OF SECTION THIRTY-ONE (31) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SIX (96) WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING ONE HUNDRED TWENTY-TWO AND EIGHTEEN HUNDREDTHS OF AN ACRE (122. 18) (8) NO. 331 FEE · THE JESSYE 8, NO. 14 PLACER MINING CLAIM SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS LOTS SIX (6) AND SEVEN (7), AND THE SOUTH ONE-HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION SIX (6), TOWNSHIP SEVEN (7) SOUTH RANGE NINETY-SIX (96) WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING 150.89 ACRES, MORE OR LESS. (9} NO :'l.~2 ~!::E · Tl-~E S~:.,ND \'!2/1: ;:;, $, GAAND VIEW NO. 6, AND JESSYE B. NO. 15 PLACER MINING Cl;AIMS, SITUATE IN THE PARACHUTE MINING DISIBICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE GRAND VIEW NO, 5 CLAIM COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION SIX (6), THE GRAND VIEW NO. 6 CLAIM COMPRISING LOTS FOUR (4) AND FNE (5), AND SOUTH ONE-HALF (S1/2) OF NORTHEAST QUARTER (NE1/4) OF SECTiO~.;,s1x (6); THE JESSYE B. NO. 15 CLAIM COMPRISING THE SOUTHWEST QUARTER (SWl/4) OF SECTION SIX (6); ALL IN TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST, CONTAINING 470.63ACRES, MORE OR LESS. (10) NO. 352 FEE-THE GRAND VIEW NO. 1 PLACER MINING CLAIM, BEING THE NORTHWEST QUARTER (NW1/4) OF SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOL/TH, RANGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; THE GRAND VIEW NO. 2 PLACER MINING CLAIM, BEING THE NORTHEAST QUARTER (NE1/4) OF SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOUTH, MNGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; AND THE GRAND VIEW NO, 3 PLACER MINING CLAIM, BEING THE NORTHWEST QUARTER (NW1/2) OF SECTION EIGHT (6), -6- ~00! ?94 PlGE505 HAYSTACK/PIONEER -continued TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN AND CONTAINING 480 ACRES, MORE OR LESS. (11) NO. 377 FEE · THE A.0,S.P, NO, 6, PLACER CLAIM, COMPRISING THE SOl/TH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4), THE SOUTH HALF (S1/2) OF THE SOl/TH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4), THl'O SOUTH HALF (S1/2) OF THE NORTHEAST QUARTER (NE1/4), THF. NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION ELEVEN (11), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; THE A.O.S.P. NO. 7, PIACER CLAIM, COMPRISING THE LOTS FIVE (5) AND SIX (6), AND THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), IN SAID TOWNSHIP AND RANGE, AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4) ANO THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (Nl/2) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION ELEVEN (11): THE A.O.S.P. NO. 8, PLACER CLAIM. COMPRl~l"JG TRACT NO. SIXTY-SIX (66), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST; THE A.O.S.P. NO. 9, PLACER CLAIM, COMPRISING THE LOTS ONE (1) ANO TWO (2), OF SECTION THIRTY-FNE (35), IN TOWNSHIP SIX (6), SOUTH, AND TRACT NO. SIXTY·FNE (65), IN TOWNSHIP SEVEN (7), SOUTH.ALL IN RANGE NINETY-SEVEN (97), WEST; THE A.O.S.P. NO. 13, PLACER CLAIM, COMPRISING THE LOTS SEVEN (7), AND EIGHT (6), AND THE SOUTH HALF (S1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION TWO (2), AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4) ANO THE NORTH HALF (N1 /2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (Nl/2) OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION ELEVEN (11 ). TOWNSHIP SEVEN (7), SOl/TH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND THE A.O.S.P NO. 14, PLACER CLAIM, COMPRISING THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NV/1/4), THE SOUTH HALF (S1 /2) OF THE SOUTH HALF ($1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4), THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NWJ,.\), / -7- SOOK 79<1 PlGE506 HAYSTACK/PIONEER· continued THE NORTH HALF (Nl/2) OF THE N01'TH HALF (N1/2) OF THE SOUTHWEST OUARTER (SW1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S 112) OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SAID SECTION ELEVEN (11), TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND CONTAINING 958.82 ACRES, MORE OR LESS (12) NO. 362 FEE · THE DENVER NO. 101 PLACER MINING CLAIM, COMPRISING THE NORTHEAST QUARTER (NE1/4) OF SECTION TWENTY SIX (26), IN TOWNSHIP SIX (6), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; THE DENVER NO. 102, PLACER MINING CLAIM, COMPRISING THE NORTHWEST QUARTf.R (NW1/4) OF SECTIONTWEMY·SIX (26), S.~ID TOWNSHIP AND RANGE; THE DENVER NO. 119 PLACER MINING CLAIM, COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-THREE (23), IN TOWNSHIP SIX (6), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND THE DENVER NO. 120, PLACER MINING CLAIM, COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWENTY-THREE (23), SAID TOWNSHIP ANO RANGE; SAID PREMISES CONTAINING 640 ACRES, MORE OR LESS. (13) NO. 392 FEE· THE RUTH NO. 1, PLACER MINING CLAIM COMPRISING THE LOTS THREE (3) ANO FOUR (4), OF SECTION THIRlYFIVE (35), IN TOWNSH!P SIX (6), $01.'TU, ".J:' RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MFq!OIAN, ANO TRACT SIXlY·EIGHT (66) OF SECTION TWO (2), IN TOWNSHIP SE\/EN (7), SOUTH. OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN, ANO THE A.O.S.P. NO. 12, PLACER MINING CLAIM COMPRISING TRACT SIXlY·NINE (69), OF SECTION TWO (2), TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINElY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PREMISES CONTAINING 316. 72 ACRES, MORE OR LESS. eooK 794 rJGE507 HAYSTACK/PIONEER -cxntinued 01C02180178 AN UNDIVIDED 40% INTEREST IN AND TO THE FOLLOWING: ALL THE ESTATES, RIGHTS, TITLES AND INTEREST CONVEYED IN THE LANDS, OR IN MINERALS UNDERLYING THE LANDS IN GARFIELD COUNTY, COLORADO, BY THE FOLLOWING DEEDS: 1, DEED FROM LEONARD L. AITKEN, JR. TO SOHIO PETROLEUM COMPANY DATED JANUARY 3, 1966 ANO RECORDED IN BOOK 372 AT PAGE 250 OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. 2. DEED FROM PIONEER SECURmES CORPORATION TO SOHIO PETROLEUM COMPANY OATEO JANUARY 3, 1966 ANO RECORDED IN BOOK 372 AT PAGE 253 OF SAID RECORDS. 3. DEED FROM PACIFIC Oil COMPANY TO SOHIO PETROLEUM COMPANY DATED MAY 3, 1965 AND RECORDED IN BOOK 365 AT PAGE 499 OF SAID RECORDS AND CORRECTIVE SPECIAL WARRANTY DEED FROM CHEVRON SHALE Oil COMPANY TO SOHIO PETROLEUM COMPANY DATED APRIL 1, 1972 AND RECORDED IN BOOK 431 AT PAGE 241 OF SAID RECORDS, EXCEPT THAT PORTION OF THE tANIJS Cl:lNV".YED BY ~.•.!~ DEEDS WHICH WAS CONVEYED BY SOHIO PETROLEUM COMPANY TO cmes SERVICE OIL COMPANY BY DEED DATED OCTOBER 1, 1965 AND RECORDED IN BOOK 370 AT PAGE 385 OF SAID RECORDS. -9- SOOK 794 f1GE508 HAYSTACK/NOL TEIUNDAUER/FREELAND 01C0219008B THE FOLLOWING DESCRIBED LOT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO WIT: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P. M. SECTION 13: LOTS 4, 10, 11, !2AND 13 SECTION 14: E/2 SE/4 SECTION 23: LOT 1 SECTION 24: LOTS 2, 3 AND 4 EXCEPT DEEDED RIGHTS OF WAY FOR RAILROAD, PUBLIC ROADS AND HIGHWAYS, INCLUDING A PARCEL OF LAND DESCRIBED AS PARCEL 818·REV. WHICH WAS DEEDED TO STATE DEPARTMENT OF HIGHWAYS 12/18/1981 AND A PARCEL OF LAND DESCRIBED AS PARCEL RIFLE, PARS. 818·A REV. AND 818·B, DEEDED TO STATE DEPARTMENT OF HIGHWAYS 06/24/1983, AND DITCHES OF RECORD. CONTAINING 173.729 ACRES, MORE OR LESS. ·10. 6001 794 PAGE509 HAYSTACKINOLTE/UNDAUER/FREELAND -continued 01C0219014B 01C0219015B THE FOLLOWING REAL PROPERTY IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO WIT: A TRACT OF LAND LOCATED BElWEEN THE MEANDER LINE OF THE LEFT BANK OF THE COLORADO RNER AS SHOWN UPON THE GOVERNMENT LAND OFFICE PLAT OF MARCH 12, 1890, AND THE FRESENT COURSE OF THE COLORADO RNER, LOCATED IN PORTIONS OF SECTION 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE MEANDER LINE OF THE RIGHT BANK OF THE COLORADO RIVER AS SHOWN UPON THE PLAT OF MARCH 12, 1890, FROM WHICH A BUREAU OF RECLAMATION BRASS CAP MONUMENTING THE E1/4 CORNER OF SAID SECTION 13 BEARS N 46 DEGREES 24' 39• E 3113.80 FEET; THENCE S 00 DEGREES 00' 00" W 469.09 FEET; THENCE S 86 DEGREES 52' 30' E 202.82 FEET:THENCE ALONG A LINE DNIDING THE MEANDER LINES OF THE RIGHT AND LEFT BANKS OF THE COLORADO RNER AS SHOWN UPON THE PLAT OF MARCH 12, 1890, S 34 DEGREES 29' 42" W 1613.03 FEET; THENCE ALONG A LINE DIVIDING THE MEANDER LINES OF THE RIGHT AND LEFT BANKS OF THE COLORADO RIVER AS SHOWN UPON THE PLAT OF MARCH 12. 1890. S 85 DEGREES 25' 54' W 496.70 FEET: TO THE CENTERLINE OF THE COLORADO RIVER; THENCE ALONG THE '.:C:i-./TEAUNE OF THE COLOAADO RIVER THE i::0t_1 0V/fNG · CQUPSES AN~ DISTANCES: N 11 DEGREES 36' 23' E 125.89 FEET; THENCE N 10 DEGREES 25' 07" W 69.66 FEET; THENCE N 21 DEGREES 47' 16' W 276.15 FEET; THENCE N 25 DEGREES 18' 47" W 276.96 FEET; THENCE N 29 DEGREES 19' 01' W 110.09 FEET; THENCE N 10 DEGREES 45' 40" W 179.48 FeET; THENCE N 49 DEGREES 47' 54' E 163.27 FEET; THENCE N 40 DEGREES 21' 20" E 112.62 FEET; THENCE N 26 DEGREES 04' 00" E 246.36 FEET; THENCE N 26 DEGREES 23' 34' E 115.11 FEET; THENCE N 20 DEGREES 19' 47' E 66.22 FEET; THENCE N 31 DEGREES 53' 57" E 109.83 FEET; THENCE N 17 DEGREES 46' 08' E 322.89 FEET; THENCE S 81 DEGREES 10' 00" E 955.94 FEET; TO THE POINT OF BEGINNING, CONTAINING 43.237 ACRES, MORE OR LESS. -11- . .\ HAYSTACK,INOLTE/UNDAUEAIFREELAND -continued 01 C0219017e THE FOLLOWING REAL PROPERTY SITUATED IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO: PARCEL 1: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 13 WHENCE THE EAST QUARTER CORNER BEARS S 00 DEGREES 56' 57' W 807.328 FEET; THENCE ALONG THE ORIGINAL GOVERNMENT MEANDER LINE S 27 DEGREES 59· W 38n.18 FEET TO THE SOUTH LINE OF SAID SECTION 13; THENCE ALONG SAID SOUTH LINE N 88 DEGREES 52' 30" W 353.176 FEET TO THE ORIGINAL GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE NORTH 467.612 FEET; THENCE ALONG SAID MEANDER LINE N 81 DEGREES 10' W 1071.524 FEET TO THE CENTER LINE OF THE COLORADO RIVER: THENCE ALONG SAID RIVER CENTERLINE IN THE FOLLOWING COURSES: N 23 DEGREES 39' E 344.51 FEET; THENCE N 28 DEGREES 46' E 206.15 FEET; THENCE N 33 DEGREES 56' E 644.58 FEET; THENCE N 27 DEGREES 42' E 829.38 FEET; THENCE N 38 DEGREES 49' W 99.86 FEET; THENCE N 34 DEGREES 52' E 150.05 FEET; THENCE N 33 DEGREES 19' E 163.27 FEET; THENCE N 29 DEGREES 37' E 266.75 FEET; THENCE N 69 DEGREES 11' 54' E 458.912 FEET; THENCE N 61 DEGREES 17' 36' E 145.60 FEET; THENCE N 67 DEGREES 34' 01' E 366.38 FEET; THENCE N 74 DEGREES 41' 47' E 151.22 FEET; THENCE N 76 DEGREES 06' 02' E 463.40 FEET; THENCE N 78 DEGREES 17' 42' E 281.99 FEET; THENCE N 78 DEGREES 17' 42' E 116.33 FEET TO THE EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST LINE S 00 DEGREES 56' 57' W 154.66 FEET TO THE POINT OF BEGINNING. -12- SQQ!( '(94 PIGE511 HAYSTACKINOLTE/UNDAUER/FREELAND ·continued "· 01C0219018B 01 C0219021 B THE FOLLOWING-DESCRIBED LAND, SITUATE, LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO.WIT: TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: S/2 NW/4 AND THAT PART OF THE NW/4 SW/4 (ALSO DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID NW/4 SW/4: THENCE SOUTH 757 FEET; THENCE EAST 15 FEET; THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH 89 DEGREES EAST 64 FEET; THENCE SOUTH . 63 DEGREES EAST 196 FEET; THENCE NORTH 42 DEGREES EAST 261 FEET; THENCE SOUTH 81 DEGREES EAST 97 FEET; THENCE SOUTH 35 DEGREES EAST 116 FEET; THENCE SOUTH 10 DEGREES WEST 63 FEET; THENCE SOUTH 46 DEGREES WEST 90 FEET; THENCE SOUTH 11 DEGREES EAST 214 FEET; THENCE SOUTH 42 DEGREES EAST 270 FEET; THENCE EAST 450 FEET TO THE SOUTHEAST CORNER OF SAID NW/4 SW/4; THENCE NORTH 1320 FEET; THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE NE/4 SW/4 EXCEPT THAT PART OF SAID NE/4 SW/4 DESCRIBED AS FOLLOWS, TO.WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4 SW/4; THENCE NORTH 214 FEET; THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING, SAID EXCEPTION CONTAINING 6.45 ACRES, MORE OR LESS. CONTAINING IN ALL, 145.42 ACRES, MORE OR LESS. SUBJECT TO A SPECIAL WARRANTY DEED BETWEEN ATLANTIC RICHFIELD COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO DATED SEPTEMBER 2, 1986. THE FOLLOWING-DESCRIBED LAND, SITUATE, LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO.WIT: TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: LOT 4 (ALSO DESCRIBED AS NW/4 NW/4) SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2 SE/4), (CONTAINING 204.65 ACRES, MORE OR LESS) ·13· BOOi '(9<1 PIG£512 EXHIBIT A {Gartield & Rio Blanco, CO) FIGURE FOUR · MOBIL 50%, EQUITY 10% 01C0216001B THE FOLLOWING DESCRIBED LANDS: PARCEL 1 TOWNSHIP 3 SOUTH, RANGE 98 WEOT, 6TH P.M. SECTION 30: LOTS 1, 2, 3, 4, E1/2W1/2, El/2 (ALL) SECTION 31: LOTS 1, 2. 3, 4, El/2W1 /2, El /2 (ALL) TOWNSHIP 3 SOUTH. RANGE 99 WEST, 6TH P.M. SECTION 25: S!/2 SECTION 26: S1/2N1/2, Sl/2 SECTION 27: S 1 /2 SECTION 28: W1/2, SEl/4 SECTION 29: N!/2, SE!/4 SECTION 32: E1/2 SECTION 33: ALL SECTION 34: ALL Sr::CTlr)f>,J 35: . A.L!.. SECTION 36: ALL TOWNSHIP 4 SOUTH, RANGE 98 WEST, 6TH P.M. SECTION 7: LOTS 3, 4, E1/2SW1/4, SE1/4 (BEING THE S1/2) SECTION 18: LOTS 1, 2, 3, 4, E1/2W1/2, El/2 (ALL) TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. SECTION 1: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL) SECTION 2: LOTS 1, 2, 3, 4, S1/2Nl/2, S1/2 (ALL) SECTION 3: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL) SECTION 4: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL) SECTION 5: LOTS 1, 2, 3, 4, S1/2N1/2, $1/2 (ALL) SECTION 6: LOTS 1, 2, 3, 4, 5, 6, 7, SE1/4NW1/4, S1/2NE1/4, SE1/4, El/2SW1/4 (ALL) SECTION 7: LOT 1, NE1/4NW1/4, N1/2NEl/4 (BEING THE N1/2N1/2), LOT 2, SE1/4NW1/4, S1/2NE1/4, BEING S1/2N1/2) AND LOTS 3, 4, E1/2SW1/4, SE1/4 (BEING . THE $1/2) (ALL) SECTION 8: N1/2, SE1/4 SECTION 9: ALL SECTION 1 O: ALL SECTION 11 : ALL SECTION 12: ALL SECTION 13: ALL SECTION 14: ALL SECTION 15: ALL SECTION 16·. ALL SECTION 17: E1/2 BUO! 7"J4 1lGE513 FIGURE FOUR -continued 01 C02160028 ALL OF THE ABOVE-DESCRIBED LANDS ARE LOCATED IN RIO BLANCO COUNTY, COLORADO. ALL OF THE FOLLOWING DESCRIBED LANDS ARE LOCATED IN GARFIELD COUNTY, COLORADO: TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. SECTION 20: N1/2. SE1/4 SECTION 21: ALL SECTION 22: ALL SECTION 23: ALL SECTION 24: ALL PARCEL 2 TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. SECTION 19: SE1/4 SECTION 20: SW1/4 THE FOLLOWING DESCRIBED TRACT OF LAND SITUATE, LYING ANO BEING IN THE COUNTY OF GARFIHD, STATE OF COLORADO, WITH ALL ITS APPURTENANCES, TO·WIT: SIXTH PRINCIPAL MERIDIAN, COLORADO .• T4S., R99W; THE JOE T. #1 CLAIM. EMBRACING: SEC. 19, SE 1/4; THE WOODROW WILSON # 12 Cl A.IM, F.M~!=IA0l~G: SEC. :~. <;;~V 1/4, THE PREMISES HEREIN GRANTED CONTAIN 320.00 ACRES, MORE OR LESS, IN ACCORDANCE WITH PATENT NO. 1174074. -2· ";il:t'~ ~.:;:;<:;:";-~~ /;. :;;:-.-; . '"'·';:-.:,::-,, .. " -------;~. --,.-.. ·----;-;-. . ,"'-~' •··· .• :.o:;··-·· ·~:·· ··.-.--, :o;;--;';'';'."<:·,·· ,.,.,--.>""'.' I~;'.,,_---~-. """ TABLE 1 Page 1 l!') ·~ = ABSOLUTE WATER RIGHTS "' !N THE COLORADO RIVER BASIN ""' r.: ATLANTIC RICHFIELD WATER RIGHT l>ITERESTS S1 A TE OF COLORADO ~ C> ~ = 1984 State Total Engineer Decreed Atlantic Name of Oil.ch, Pipeline Stream or Priority Date of Date of Amount Rlchfletd .. ---~r_F!~.ervoir _____ __ Tll?J!?~ ~ AoproprlaflOQ Adjudication Cds or An Ownership Low Cost Ditch, Original Parachute Creek 370 01-04-1887 05-11-1889 5.0 r;!S 0.5 Cfs Absolute Diamond Ditch. 1st Enlargeinent Parachute Creek 379 03-01-1887 05-11-1889 3.2 CfS 3.2 Cfs AbsOfute Low Cost Ditch, 1st Enlargt?ment Parachute Creek 501 04-01-,888 05-11-1889 9.0 CfS o.s cfs Absolute Low Cost Ditch, Yoeman Enlargement Parachute Creek 910 0:4·25-1889 02-20-1900 1.6 r;!S 1.1 els Absolute Rolison and Miller Ditch Colorado River 2467 12·08-1891 1_2-20-1929 1.6 cts 0.51 cfs Absolute Jessup No. 2 Slewart Gulch 85 04~14-18_88 ·a~10.1s89 0.4 CfS 0.4 cfs AbSo!ute Florence Oilcll S1ewart Gulch 94 00~03-18as 0~10-1889 1.80 Cfs 1.02 cfs Absolute Rye G1 ass Ditch Piceance Creek 95 os.Os>1a8a 05·10·1889 2.4 els 2.4 Cfs Absolute McWi!1i:uns & George Dile!\ White River 1'9 10-15··1900 10-06·1903 4.1 r;!S 4, 1 cfs Absolute East S1ewa11 Gulch No. 1 Eas1 Stewart Gulch 210 11·01-1899 09·04-1913 0.4 els 0.4 cfs Absolute East Stewa11 Gulch No. ?. East Stewa11 Gulch 210 11-01-1899 09-04-1913 0.4 cts 0.4 cfs Absolu1e Watson Oitcl1. Tt1ompson Enlargement Middle Fork Stewart Gulch 240 07.14-1917 09.·;1.1919 0.80 C1S o. 10 cfs Absolute West Stewart Gulch Dl!cll West Stewart Gulch 394 03-01-1895 05·26-1942 0.78 els 0.47 cfs Absolule West Stewart Gulch Reservoir West Stewart Gulch 384 03-01-1895 05·26-~942 13.3 AF 7.98 AF Absolute Garden Heir Piceance Creek 395 03-05-1895 05-26-1942 0.61 els ·0.61 crs Absolute Fo1ney-Corcoran Ditch White River 402 03-15·1989 07-03-1942 6.0 l'!S 6.0 crs Absolute Clelland No. 3 Piceance Creek 421 05-15-1902 05·26·1942 0.42 cts 0.42 els Absolule ~ ~ g = Name of Ditch. Pipeline or Reservoir Forney-Corcoran Ditch Oldland Magar Rober! McKee Ditch M.H. and M, Ditch Piceance Creek Oi1ch Ernlly O!ich OJd!and No. 1 Ditct1 Rye Grass Ditch Garden Heir 01<.fland No. 2 O!dland No. 3 O!d!and Magor Jessup No. 1 Jessup No. 2 Florence Di!ct1 W:11soi1 Ditc/1. 1110mpson Enl:irgement TABLE 1 ABSOLUTE WATER RlGHTS IN THE COLORADO RIVER BASIN ATLANTIC AICMFfELO WATER RIGHT INTERESTS STATE OF COLORADO 1984 State Engineer Stream or Priority Date of Tr'1buta'Y _t.IQ,_ Appropriation White River 463 03-01-1912 Piceance Creek 469 05-10-1913 Piceance Creek 487 05-01-1917 Piceance Creek 487 05-01-1917 Piceance Creek 487 .. '05-01-1917 Piceance creek 487 __ OS.01-1917 Piceance Creek ·467 05·01~.!91.7 .... , .. _.·.· :: . . Piceance Creek 467 o~.-01.7~9.17. Piceance Creek 487 -~5-01-191_7 . PiCeanc!' Creek 487 05;01:19f! Piceance Creek 487 05·01-1917 Piceance Creek 487 05-01-1917 Stewart Gulch 487 05-01-1917 Stewart Gulch 487 05-01-1917 Stewart Gulch 487 OS.01-1917 West S!ew:.irt Gurch 487 05-01-1917 l>age2 Total Decreed Atlantic Date of Amount Richfield Adludication (c::fs or AQ Ownership 07-03-1942 5.47 els 5.47 cfs Absolute OS.2&.1942 0.86 cts 0.86 ds Absolute 05-26-1942 3.0 els 3.0 cfs Absolute 0$:26-1942 1.27 els 1.27 cfs. Absolute 05-26-1942 1.60 els 0.32 cfs Absolute 05-26-1942 3.as cfs 3.85 cfs Absolute QS.26-1942 2.9 els 2.9 cis Absolute 05-26-1.942 S.8 els 5.8 cfs Absolute .05-26-1942 1,43 els 1.43 cfs Absolute 05-26--1942 9.47 crs 9.47 cfs AbsoJute 05·26·1942 0.96 els 0.96 cfs Absolute 05·26-1942 2.0 els 2.0,cfs Absolute 05-26--1942 0.60 els 0.60 cts Absolute 05-26-1942 po els 1.02 cfs AbsofU1e 05-26-1942 i.10 els D.62 cfs Absolute 05-26-1942 0.78 els 'J. t O crs Absolute ~ ~ Name of Ditch, Pipeline or Reservoir Dow Pumping Plant <1nd Pipeline Slnclair Oil and Gas Coinpany Pumping Plant and Pipeline TOSCO Pipeline and Pumping Pl::im Eaton Pipeline No. 1 1hrnnpsor1 CrP.ek Reservoir l!iompson Crt>ek ReseNoir Pipeline S!rirkcy Gulct1 RP.sPrvoir Snufh Starl.:ey Gulctl Reser-.1oir TABLE 2 CONDITIONAL WATER RIGHTS IN THE COLORADO RIVER BAStN ATLANTIC AICHFIELO WATER RIGHT INTERESTS STATE OF COl.ORAOO Stream or Tributarv Colorat}o River Colorado River Colorado River Colorado River Tho1npso11 Creek Thornpson C1eek Colorado River Colorado River ·-,_ 1984, ·<state-. ... ~~·········•~r~i;on ~;~-~::_:::: ,. -~:6;:~::·;9~-~-' ~1~9~:/;: :i-< ·,f}:~k~~-,~£g~::_·-~.---: .... -;·_::<::·~·:·:'.- -~~~~·-:: '43:95 5002 5002 5593 5593 '. "\-.::;:·?~~~~.~6 -: .. -_,· .. . ;.1.2.·\7~\~~-6 .... 12~:t}-:_1~·0~· 12-17-~966 02·20"·1967 02-2".l-1967 Total Decreed Allantic Date of Amount Richfield Adjudlca!ion (cfs or A!} Ownershig 11-10-1966 178 cfs 35 cfs Conditional 11710-1966 "" els 33 Cfs Conditional 11-1!J-1.96S too C!S 60 cfs Conditional :' .0~~09-1965 10 els 6 els Conditional 11-05·-1971 23,893 AF 23,893 AF Conditfonal 11·05·1971 "" els 33 cfs Conditional 12-31·1972 7,360 AF 7.360 AF Conditional 12-31-1972 5,541 AF 5,541 AF Contitlonal ~ ~ ~ ~ <> = Q Name of Ditch. Pipeline or_ Reservoir Piceance Creek Ditch E1oily Ditct1 Last Chance Ditch Robert McKee Ditch O!dland No. 1 Ditch !1obert McKee Ditch f3 :-111d M Ditch Jessup NO. Blue Grass TABLE 3 ABSOLUTE WATER RIGHTS IN THE WHITE RIVER BASIN ATtANTIC RICHFIELD WATER RIGHT INTERESTS S"'.'"ATE OF COLORADO 1984 State Engineer Stream or Pr'.ority Date Of · Oat& of Tributa!:Y ....J:!Q,_ ~iat~n Adludfcatlon Piceance Creek 41 07'-12-1Bcs6 ··()?/t:(,:1sas Pice;ince Creek 52 .·-11.:05._1 !IBS. _· 05-10-1809 Hunter Creek 63 . ()4..13-1887 ·-19:22-1890 Piceance Cre~k 66 04-18-1_8_87 ·10-22=1ssO Picetince Creek 67 04-22-1887 05-10-1889 Pice::u1ce Creek 74 05·25-1887 10-22'1Mo Pk::n:inct> Cr'!f!k 74 05-25-1887 05-10-1089 Stewart Gulch 70 06-16-1887 05-10-1889 Stewart Gulch 76 07-11-1887 05-10-1809 T01aJ Decreed Atlantic Amount Richfield (cfs or AO OwnershiQ 2.0 els 0.4 els Absolute 2.0 els 2.0 cis Absolute 1.4 els 1. 4 cts Absolute 2.33 cfs 2.33 cfs Absolute 4.0 crs 4,0 Cfs Absolute 1.0 els t.oo els Absorute 4.50 els 4.50 els Absolute 0.60 els 0.60 cfs Absolute 0.60 ds 0.60 cfs Absolute ~ ~ :;;: Nanie of Ditch, Pipeline or Reservoir White River • Figure Four Pipeline .TABLE 4 CONDITIONAL WATER RIGHTS IN TiiE WHITE RIVER BASIN ATLANTIC RICHFIELD WATER RIGHT INTERESTS STATE OF COLORADO 1984 State Engi~er Stream or Priority .Date of Tributaiy ~ APProP'iation V./hite River 799 06.-10-.1~ Totat Decreed Allantic . Date of Amount Richfield Adludicittlon lets or AO Ownership .. 12-;31-1_970 70 cis 70 cfs Conditional 200' ADJACENT NEIGHBORS Parcel No. 217118200008 Parcel No. 217121300955 217119400954 Parcel No. 213527300015 217128100018 Parcel No. 217133200019 Parcel No. 217131100006 Chevron USA Inc. Attn: Chevron Texaco Property Tax P.O. Box 285 Houston, TX 77001 Bureau of Land Management Attn: Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 Encana Oil & Gas (USA) Inc. Attn: Merit Appraisal & Tax Consulting P.O. Box 330 Gainesville, TX 7624 l Encana Oil & Gas (USA) Inc. CIO K.E Andrews & Co. 3615 S. Huron St., Suite 200 Englewood, CO 80110 WPX Energy Rocky Mountain, LLC Attn: Merit Advisors LP P.O. Box 330 Gainesville, TX 76241 WPX Energy Rocky Mountain, LLC CIO Sandy Hotard, MGR-Land Dept. P.O. Box 370 Parachute, CO 81635 Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111-1917 MINERAL RIGHTS OWNERS Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111-1917 Bureau of Land Management Attn: Colorado River Valley Field Office 2300 River Frontage Road Silt, Co 81652 Copyright:© 111 Nationa~~J,ap ic Soei.ety, i-cube.o Puckett Land Co. Exemption Subdivision Application Neighboring Contact Information 6SGM Jan. 18, 2013 ~:,:.r,::~: ~.;;,;,~"S:~P~Z' ""-.:: ";;;,-:.:::::.':...~, ... :::.:-'::=:.',-:;'~j::_::;.::::-:c:.:.;;;,, ~~!~::=~::::~:::~7~;·~-::.~:::::.:~: ~:~~·~,~~-:;::c-~~d~-, £'..~'.::;.'".!. -,::::::: :·:-::;."':,::,:-:::..:.' .";";::~:;:....~:::.::.:._ • .:;~-:::;...~;«-:~:~~ ;;:.;,~,:,:;.·;~.:;;::.-;~ ~·.:. :::..~ J~:~,?'0:.-2:.::=:.~:=;:=.:: ,?,_~7:;'"":'[:?:'.:": ·,;':-:::£·,'.,;.;;;;.?E:::~; .... :..: ~·~jf~~B~~~~~£~:1¥i~~~fu}tii~~~~~ S"~~~i.:J5:~~~~ ;:;~~:ff~.f~z.g ~b~~-:-;f·€7;~:2:T.::~: t'-'""<O • •."o>O;"Jorw ""''"' ,,,,,.,.,,.,-,.-_ ,,..,._ --'"""' '~'-" )•.~ .. H~• ~-~­ ~~~"f'(;;..~""f;!;..~-!!?!,_. 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VICINITY MAP AND PROPOSED OVERALL SITE PLAN {For LAYDOWN YARD) LOCATED IN SECTIONS 28 & 29, T6S, R96W, 6th PJ,t GARFIELD COUNTY, COLORADO VICINITY MAP SCALE 1''=1000' Loil -NE1/4 l,\5 SIJRfAC( US£ AA£A {Ill SECTION 28) CESCR 0PTll)'l S!:O'.><''~ Af A P(''H l'J LOI l C> S!'.Ctc•I :!a, Tf5 R~!o', QTH P OJ •·'-l·D-< EE>-'5 Sl\'JHJ"[ ~I~ Jl' r~(·U THC ,;.;MHM:ST (;;;"',[R C'1' SAD 5EUC•J H T~H,(i sio-i<"O>"[ JH~1·, TH£~·I S"il"JTJJ"" H2<1'. f~[r;{( >JU'U:.0"" 4)7.H' 10 ~ PN<T OJ lh£ 1'£51 L·•·£ (.r lOI 4 (JF s•·O S£CT,·:.·1 2a ,,0,:0-1 H'RS son:•5'0.\"f (Vi<~· f'RW Il-i[ •;•JRT\-i~51 W""[R C·r S•-0 SCCf,0'1 M. n-u;c;: "011:.5·01·,, :io1,1r •H;,·; TH£ ~nr v~E or S•'O LOT I, !Hfu:;: "6\'J75J"( TOI 61': THEWX s1rn1·1n 1HJ7', THH,ct s20·12·o}'E 22010· ro n·E PC•>n c• ~W'"' ~o e•s,, (f' eu~.•.GS IS • Gp s C6S£Rl'H0'1 CMT~~S 4510 •~>($ "~"E ('R lfS> VICINITY MAP AND PROPOSED OVERALL SITE PLAN ""-' Uoom E1."1ll)(t!'Jmi"G I< LA!!O StrmTilliiJ 8S SOUTH -20Q KAST o (~'S) ?69-I0/7 VD&AI, UTAH -6«l7a ['i".,--------l AS $H•)IN 11-10-QJ ~---bc'c0~"c'~----fi::i-'°-'-"-'------J Sllll."t I of 4 32488-A l:ote inf-<~ ~(~ 10 fotQf [,;sFn·J P:p,.::~e; \'.'.th'n Righl-01-\\',,y \ I I . I\ \ "': !~ \ \\ l\ \j ·~"' PETROLEUM DEVELOPMENT CORP. SITE PLAN FOR LA)U0Yrll YARD SECTIONS 2B & 29, 16$, R96W, 6\11 P.U. SITE PLAN U11>'Till El<'<ll).'IElUX<l i.: Ln.'D Sum'EYlli<l 85 SOUTH -2M nsr • (435) 169-W/7 ITR>rll, UT!fl -S.076 '" 11-10-frl ~----l,,,.,~~ .... !!.J~---h,,-;,;~'"~''~"----1 SHDIT2~14 CCJ(>(_ J 2 4 8 8 - 8 ) /' l' • U"<•">•P-"-"' ''~""' ""'"'"'"' ... ''"'"'~"""" ti ate Thfre <ue 10 To!cl [,,s1;09 p,p~:;nes / .' l'.'1th n Right-Of-Woy H HOO"· --, I H 2+001 I --,--1 I I JL1+50I_ -1- 1 I PETROLEUM DEVELOPMENT CORP. GRAD.NG AND DRA 1NAG£ PLAN FOR LAYilOl'iN YARD SECTIOHS 28 & 29. 16S. R96W, 6th P.!J. y----i--1--1-T-I I I I I I I ----+--1--1--+..--l SHI:ET3el4 GRADING AND DRAINAGE PLAN Uoo!JI ENcti.'Uiillic & Lu.1> SuR;·rni.·o BS SOUTH -WI.! EAST • (.fH) 783-!017 YE::i<$AJ, \ITAi! -8~078 GO BJ ''" 11-10-GJ "'"'-''"' ClO PcM '"' 32486-C l. ,_,, ' -,,_,,, -'.:__= 1[")' - ljff!Oflll.Hf ACR£lCES •fl( $Hf ("$11.'°S"ff m ~•le.;; ,i(r,-s APPROXIVATE YARDAGES "' (~') T'''"'' St•'•F'"l R<" oeq L~,.;,;M TOTAL CUT nCL J_/.}) (•J YJo f{H"'O Cu \'<o !J,660 CU.YDS 10,430 CU,\'llS. J 5"'. ~, (r..l' I m I ; ~ • wJ\! ;I / " =----=-~"="'-'' / L _!',it--'-t -I ''D-o· I • 110/T• f)(l C".'.<•<llN N(Wff'i $""FM c,wr,i~~'W ~ .J..l_!() (" H< ~ J,l.9 (" YO> DC(SS l•"S'LA .. (( (A<1•''"·'""' R&,t •o!vo) (<") O>A\R rnR ~ l.'ifO c" y~, f,,.SH.D ND "ATEF"L PETROLEUM DEVEUJPIJENT CORP. T'Yf'ICAL CROSS SECTIONS FOR lAYDOWN YARD SECTIOfiS 28 & 29, T6S, R96W, £th P_l.1 TYPICAL CROSS SECTIONS U11>'T»1 El<"oa.i:EFJli[<J t Lllo11 Suit>')';)'iliG B5 SOUTH -2W usr • (~35) 189-1017 ~---~!.!, UT~,.-6t076 ,. ~ ((f \1-10-0·l COMPLIANCE WITH ARTICLE VII OF LAND USE CODE Resolution 2010-18 - A Resolution Concerned with the Approval of a Land Use Change Permit, LIPA 6239. for Storage: Supplies, Machinery, Equipment, or Products, Located West of County Road 215 and 4 Miles Nmthwest of Parachute, and Within a Property Owned by the Puckett Land Company, Garfield County -governs the existing use on the Prope1ty. The proposed division of land does not propose any change in use therefore Resolution 2010-18 continues to govern. Division 1. 7-101 Zone District Use Regulations. The proposed division of land complies with the zoning of the prope1ty. There is no change in use. 7-102 Comprehensive Plan. The proposed division of land complies with the Garfield County Comprehensive Plan. 7-103 Compatibility. The proposed division of land is compatible with adjacent land uses. There is no change in use. 7-104 Source of Water. See attached request for waiver of standards. 7-105 Central Water Distribution and Wastewater Systems. See attached request for waiver of standards. 7-106 Public Utilities. All public utilities se1ving Parcel I are adequate and shown on the final plat. There is no proposed change in use. All public utilities serving Parcel 2 are adequate as there is no proposed change in use. 7-107. Access and Roadways. Access to the Prope1ty is from County Road 2115. An easement across Parcel I and rese1ved for Parcel 2 shall be granted by recordation of the final plat. The roadway standards are adequate for this division ofland. Resolution 20 I 0-18 provides for certain recommendations of the Garfield County Road and Bridge Department to become conditions. 7-108 Use of Land Subject to Natural Hazards. Not applicable. 7-109 Fire Protection. Fire protection is adequate as there is no proposed change in use included in this division of land. Division 2. 7-201 Agricultural Lands. There is no change in use proposed in this division ofland therefore there is no adverse affect to agricultural operations. 7-202 Wildlife Habitat Areas. Resolution 2010-18 provides for mitigation recommendations from the Wildlife and Sensitive Area Report that shall be followed. 7-203 Protection ofWaterbodies. Not applicable. 7-204 Drainage and Erosion. There is no change in use proposed in this division of land therefore there is no effect on drainage and erosion. Resolution 2010-18 provides that soil erosion control within the project area shall be implemented. 7-205 Environmental Quality. Resolution 2010-18 7-206 Wildfire Hazards. Not applicable. 7-207 Natural and Geologic Hazards. Not applicable. 7-208 Reclamation. Not applicable. Division 3. 7-301 Compatible Design. There is no proposed land use change in this division of land. 7-302 Ol1~Slreet Parking and Loading Standards. Not applicable. 7-303 Landscaping Standards. Not applicable. 7-304 Lighting Standards. Resolution 2010-18 provides for all lighting associated with the property to be directed inward and downward towards the interior of the prope1ty. 7-305 Snow Storage. Not applicable. 7-306 Trail and Walkway Standards. Not applicable. REQUEST FOR WAIVER OF ST AND ARDS Applicant hereby requests a waiver of the standards set forth in Section 7-104: SOURCE OF WATER. Section 4-118 of the Land Use Code states that a waiver may be approved if the Applicant demonstrates the following criteria have been met by a proposed alternative: I. It achieves the intent of the subject standard to the same or better degree than the subject standard. 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. Parcel One has housed a storage/lay down yard since 20 I 0 when a Land Use Change Permit was issued (Permit is attached). There has not been a water supply at this site for that time. There are no other facilities or buildings on the property. There are no personnel at the site except when dropping or picking up supplies. In conformance with the Land Use Change Permit, sanitary sewage is collected in pump and haul facilities so no water is needed for that purpose. There are no plans to change the usage for the prope1ty in the foreseeable future. Applicant is agreeable to including a plat note restricting usage on Parcel One to the current use. Any future owner would be required to come back to the County to apply for an amendment. As stated above, there is no need for water on Parcel One therefore the proposed alternative (no water) is the same or better than the standard. There has been no water supply at this prope1ty and there is a Land Use Change Permit that has governed the use of the prope1ty. By waiver of this standard, there will be no greater impact on adjacent properties as there will be no change in use because of such waiver. 1111 INr.i. f:.ri1~,fllJ~WiUV1~ lmfiMlll-i~:ll~\r:N~ m 1 ~ 1111111 Receptlontt: 784601 0~/13/20t0 02:56:68 PM Jean Alberico 1 of 1 Rec fee:$0.00 Doo FeQ:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT for A 350 ACRE PARCEL OF LAND OWNED BY THE PUCKETT LAND COMPA Y LOCATED FOUR MILES NORTHWEST OF PARACHUTE, COLORADO, FF OF COUNTY ROAD 215 IN SECTIONS 28 AND 29 TOWNSHIP 6 SOU H, RANGE 96 WEST OF THE 6TH PM, GARFIELD COUNTY, COLORADO, S LEGALLY DESCRIBED IN Resolution No. 2010-18, recorded by recep on number 764391. PARCEL# 2171-291-00--005 In accordance with and pursuant to the provisions of the Garfield County Un Land Use Resolution of 2008, as amended, and Resolution No. 2010-18 of Board of County Commissioners of Garfield County, State of Colorado, her authorizes, by Land Use Change Permit, the following activity: "Storage: Supplies, Machinery, Equipment~ an Products'' (LIPA6239) The Land Use Change Permit is issued subject to the conditions set forth in above-mentioned resolution, and shall be valid only during compliance with s ch conditions and other applicable provisions of the Garfield County Unified nd Use Resolution of 2008, as amended, Building Code, and other regulations of he Board of County Commissioners of Garfield County, Colorado. ATTEST: ~~m~ erk of the Board February 24, 2014 Garfield County Community Development Department 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Minor Subdivision, Lindauer PDC Yard Parachute, CO 81635 Garfield County, Colorado Ladies and Gentlemen: ~ PUCKEI I Land Company Please allow this letter to confirm that PDC Energy, Inc. is in compliance with the guidelines set forth by Garfield County in Resolution No. 20 I 0-18 relating to Parcel No. 2171-291-00-005 with regards to their lease on the parcel ofland referred to above. Sincerely, yours, ) -;l . 7(/) t/ - I'/' • ..-/ 1, _/""-~ [1 / ( .) l-~,. !,/ Erie R. Stearns President and CEO COLORADO GEOLOGICAL SURVEY SUBMITTAL FORM FOR LAND-USE REVIEWS County Garfield County Date 2-24-2014 Project Name Puckett Land Company Minor Subdivision APPLICANT (or Applicant's Authorized Representative responsible for paying CGS-review fee) Name Puckett Land Company Address Attn: Eric R. Stearns 5460 S. Quebec St., Suite 250 Greenwood Village, CO 80111 Ph. No. 303-763-1000 Reviews for Counties Fax No. 303-763-1040 FEE SCHEDULE (effective June 1, 2009) I l l l 14, 12, or /4 14 ___ _ Section(s) 28, 29 TO\\'llShi1l_6_S __ _ Range _9_6_W __ _ Dec Lat 39.49897N Dec Long 1oa.12121w Small Subdivision(> 3 dwellings and< 100 acres)................. . ............. $950 Large Subdivision(:: 100 acres and< 500 acres).............. . ............ $1,550 Very Large Subdivision (500 acres or more) .. . ........................................ $2,500 Very small residential subdivisions (1-3 dwellings and< 100 acres) ................... $600 Reviews for Municipalities ........... . . ........ At hourly rate of reviewer Special Reviews . . . .. .. .. . . . .. . .. . . . . .. . . . . ........ At hourly rate of reviewer School Site Reviews ......................................................... $855 CGS LAND USE REVIEWS Geological studies are required by Colorado counties for all subdivisions of unincorpo- rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 35, 1972). Some Colorado municipalities require geological studies for sub- division of incorporated land. In addition, local governments are empowered to regu- late development activities in hazardous or mineral-resomce areas under C.R.S. 24-65.1- 101 et seq. (House Bill 1041, 1974) and C.R.S. 34-1-301 et seq. (House Bill 1529, 1973), respectively. Local-govemment agencies submit proposed subdivision applications and supporting technical reports to the Colorado Geological Survey " ... for evaluation of those geologic factors which would have significant impact on the proposed use of the land," in accor- dance \Vith State statutes. 'I'he CGS revie\vs the subn1itted docun1ents and serves as a technical advisor to local-government planning agencies dming the planning process. Since 1984, the CGS has been required by law to recover the full direct cost of perform- ing such revie\vs. The adequate knowledge of a site's geology is essential for any development project. It is needed at the start of the project in order to plan, design, and constrnct a safe devel- opment. Proper planning for geological conditions can help developers and future O\Vners/ users reduce unnecessary n1aintenance and/ or repair costs. Colorado Geological Sur..ey, 1313 Sherman Street, Room 715, Denver. CO 80203 • Ph 303-866--2611, Fax 303-866-2461 hlto:lloeosur.·ev.state co us created 31\6198. re•·1sed 4123109 2 3 4 5 6 Frequently Asked Questions and Answers Regarding the CGS Land Use Review Process l\lhy 11111 I req11iretf to have a CGS revie1v whe11 l already hired t111d pai1f for 11/!f OWll COl/Slllt1111t? In 1972, Senate Bill 35 WilS passed stating that any person or entity subdividing a prope1ty into parcels of 35 acres or less on unincorporated land 1nust subn1it geologic or geotechnical reports to the County as part of the preli1ninary plat application process. Wiunicipalities or public agencies may request that CGS revie\\' a site, <1lthough lh('SC reviews are not governed by the statute. \Vl1y is a CGS re11icu111ecessary wlie11 l 111rc11dy liin.>11 my ow11 geologist? The CGS revie\\' is an independent thinl-p.uty review that is done for the County, simil.ir to the service a building inspector provides for construction revie\\'. The purpose of the CGS review is to ensure that all geologic concerns have been adequately identified and addressed in the geologic reports and that the proposed develop1nent is fedsilile. 1\lliy does CGS cluuge for /1111d use reviews? Doesn't tnxpnyer money p11y for tl1is scniice? CGS land use reviews are not subsidized through the general fund, although so1ne other revie\\' agencies are supported by taxpayer 1noney. In 198J the state legislature decided that CGS reviews should be paid for \\'ilh fees paid by the applicant of the proposed develop1nent so that taxpayers are not viewed as subsidizing develop1nent. Did the CGS geologist 11111ke11field11isit to t/1e site? A CGS geologist visits ead1 site being reviewed. If the review is a re-subn1illal for a site that Jws been vL<>ited previously, a second site visit llhl)' not be necessary. If significant changes have occurred since the initial reviel\', the site n1ay be visited ag.1in. \\lliy is tlie CGS re11iew letter so s/wrt flllll simple? l\llrnt is lll!J fee payi11gfor? 111e CGS letter is a revie"' of the geologic material sub1nitted and reflects the level of detail contained in those documents. CGS does not offer designs, but rather ensures that the n·ork that has been done is 1neaningful and adequate for the site conditions and proposed dcvelop1ncnt. A site review that adequately addresses all the geologic conditions present at the site 1nay be a short confinnation letter. If 1nore n•ork needs to be done or if difficult site conditions ;ne present, the letter may be longer. 1\lhat type of i11for111ntio11 tlo l neetl to submit to CGS for fl /1111d use rer1ien1? 'fl1e 1nore geologic infonnalion that is submitted to CGS, the easier it L<> for CGS to evaluate the property. T11e required docu1nents may v.1ry based on county requirements and the potential proble1ns that inay itnpact the proposed develop1nenl. A topographic 1nap is essential. Also, infonnation regarding slope, surficial 1nateri,1ls, subsurface 1naterials and bedrock, presence of grou1uh\',1ter and depth, and specific geologic hazards should he included, \\'here applicable. Gr,1ding plans, drainage pl,1ns, and geotechnic,11 testing results are also very helpful for the revie\\'. The presence of geologic hazards should be evaluated with respect to the develop1nent plan. Also, the effect of develop1nent on geologic conditions should be discussed. The evaluation should include alternatives such as avoidance and n1itigation teclu1iques. 7 8 9 JO 11 12 13 The s11bdivisio11 dow11 the rontl 11111s 11p11ro11e1i, nilly ums11't mine? 111ere coukl be several reasons: geologic conditions can change over short distances; subdivisions nrnde prior to 1972 were not required to undergo a CGS revie\\' and 1nay have not been evaluated for geologic suit.1hility at all; the area down the road n1a}' be incorporated as part of a n1unicipality, \vhich exempts it front the CGS revie\\' process. Another consideration is that geologic reviews are continually evolving and site conditions that have been judged accept.1ble in the past n1a}' no longer be considered as such, based on the current understanding of the geologic processes and adverse ilnpacts associated \dth then1. l\lhy nre CGS revieu1s required even 011 loI11-de11sity properties? Senate Bill 35 pertains to subdivisio1ts of less than 35 acres. Geologic hazards can occur on large-sc.1les or sn1al!-sc,1les; relying on low-density subdivision c.111not1nitigate all geologic hazards. For instance, entire hillsides n1ight be prone to rockfall or landslide hazards. L1rge tracts of land 1nay be subject to groundlvater problems. \\Illy Cflll'f I just use t11e soil co11sen1t1tio111111111s for fl geologic report? TI1e USDA soil conservation n1t1ps are a good st,ut for geologic investigations, hut do not contain sufficient detail on the possible geologic problen1s that 1nay occur at any site. f\re11't some of your revie111 comments beyo11tl tlte scope of geologic /mznrds 011 my site? Technic<lll}' other agencies ht1ve regulatory authoril)' reg<uding issues such as flood plains, groundwater .1vailability .1nd wildfire, but these issues are also ilnportant factors in the overall geologic context of the site and 1nay affect geologic hazards on the site. T11e n1ention of a condition in the CGS revie\\' letter is not intended to influence the statutory authority of any other agency, but r.1ther to ensure that all parties are a\\'are of a potentially proble1natic geologic condition. For instance, n1ention of a situation involving a nrnjor drainage is a flag that the U.S. Anny Corps of Engineers or the Colorado \Valer Conser.•ation Board should be reviewing developinent plans. l\lhe11 l bo11gllt t/1is property, 110 one told 111e about a11y geologic 11flzanls 011 tl1e site; ct111 l go back to tlte 1nevio11s owners SOl/tel/OlV? CGS can not give legal advice. If the seller was aware of adverse conditions •.vith respect to the proposed use, this should have been dL<>closed. A legal opinion should he sought. C1111lget11 umiver from lmvillg tile CGS do 11 rer1iewl The discretion to grant \\'aivers is vested by la\\' \Vith the counties. Once an applic,1tion for revie\\' is sub1nitted to CGS, n·e are under a statutory responsibility to respond. I fllll lvilliug to accept t11e risk flSSOciflteil lt1itl1111y property - wily is it fl1tyo11e's business wlwt l 1lo 111itl1111y 0111111111111? T11e presu1nplion associated \\'ith a subdivision is that portions of the property will be sold to others. ThLs then assigns any ri.:;k to future buyers, and the county is required to protect their interests. Senate Bill 35 addresses a wide variety of land use issues as \Veil as geologic suitability in an atten1pl to provide infonnalion so that the overall appropriateness of the subdivision proposal can be evaluated. BEATTIE, CHADWICK & HOUPT, LLP STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON Glenn Hartmann ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 May 7, 2014 Garfield County Community Development 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 TELEPHONE: 970-945-8659 FAX: 970-945·8671 JHANSON@BCH-LAW.COM Re: Completeness Review Lindauer Yard I Puckett Land Co. Minor Subdivision (File MISA-7830) Dear Gleim: This letter and attachments serves as a response to your letter dated March 12, 2014 regarding the Completeness of the Lindauer Yard I Puckett Land Co. ("Puckett") Minor Subdivision Application. Puckett responds as follows: 1. Information on the remainder portion of the property including water supply plan and waste water plans or request waivers. The remainder portion of the property is currently used for a residential house, barns and an out building associated with farming and grazing. All buildings were constructed in compliance with a building permit and received a certificate of occupancy therefore proving adequate water and wastewater service. The remainder portion of the property is served by a septic system and a well which are depicted on the draft Subdivision Plat. There are no current plans to change those uses except for possible additional agricultural uses. The remainder portion also houses a couple of drill pads utilized by WPX. No additional demand for water is needed and no additional waste is being generated on the remainder parcel as a result of the proposed subdivision. 2. Site plan including the remainder parcel to allow confirmation that all uses will remain in compliance with the Land Use and Development Code provisions or request waivers. Please see response to #1. The uses of the remainder parcel are in compliance with the Land Use and Development Code and Applicant is not suggesting any changes as a result of the subdivision. The draft Subdivision Plat includes depiction of existing infrastructure, wells and septic systems and access information. The draft Subdivision Plat accurately reflects the existing conditions of the property and no new uses are proposed. 3. Full size copy of proposed Minor Subdivision Plat. A full size copy of the plat is enclosed. 4. Draft plat notes to address the representations made in the water supply plan waiver request. Applicant proposes the following plat note to be included on the Subdivision Plat if acceptable to the County. "Parcel 1 has no adequate and legal water and the current use does not require adequate and legal water. The use of Parcel 1 shall be restricted to the current use as provided for in the Land Use Change Permit reflected by Resolution 2010-18. Any change in the use shall require an amendment to the Land Use Change Permit." 5. Draft Waiver requests from the Wastewater Management Plan. Draft waiver request is enclosed . A revised Application Form is also included. 6. Copy of Lease with PDC Energy Inc . and related authorization letters. A copy of the lease and the authorization letter are enclosed. 7. Article 7 responses regarding the remainder parcel. The current uses as described above in Paragraph 1 are in compliance with the Land Use and Development Code and Applicant is not suggesting any changes as a result of the subdivision. 8. Basic Natural Hazard and Geologic Hazards mapping. A Geology and Hazard map is enclosed. 9 . Review Criteria for a Minor Subdivision found in Section 5-301(C). 1. The proposed subdivision complies with the requirements of the applicable zone district and this Code and does not suggest any changes in use to either parcel. 2. This request is in general conformance with the Comprehensive Plan and does not suggest any changes in use to either parcel. 3. This proposed subdivision requests a waiver to this requirement for Parcel 1 and Parcel 2 is served by a well depicted on the draft plat. The well permit is enclosed. 4. Satisfactory evidence of adequate and legal access has been provided. The plat depicts access from County Road 215. 5. There are no additional easements that need to be obtained to serve either parcel. The plat depicts those easements to be dedicated as needed to serve both parcels. Page two of the plat describes and graphically depicts a new easement across Parcel 1 for Ingress- Egress and Utilities for the benefit of Parcel 2. 6. The proposed subdivision requests a waiver to this requirement for Parcel 1 and Parcel 2 is served by a septic system depicted on the draft plat. 7 . Hazards identified on the property such as, but not limited to , fire , flood , steep slopes , rockfall and poor soils , shall be mitigated , to the extent practicable . 8 . This application does not provide information on the estimated probable construction costs and proposed method of financing for roads , water distribution systems, collection 2 systems , storm drainage facilities and other such utilities as the proposed subdivision does not propose any changes in use to either parcel. 9. Applicant has included a Certificate of Taxes Paid on the draft plat that shall be appropriately filled in prior to recordation. The Statement of Taxes Due and Summary of Taxes Due are included to show that all property taxes have been paid. 10. Applicant agrees to pay all fees, including road impact and school land dedication fees. 11. The Final Plat meets the requirements per section 5-402.F 10. Copy of Resolution 2010-18. A copy of the Resolution is enclosed. Please let me know if you have any questions or need any further information. Very truly yours, Julie S. Hanson enclosures 3 REQUEST FOR WAIVER OF SUBMISSION REQUIREMENTS Applicant hereby requests a waiver of the submittal requirements of a Wastewater Management Plan. Section 4-202 of the Land Use Code states that a waiver may be approved if the Applicant demonstrates the following criteria have been met by a proposed alternative: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Parcel One has housed a storage/lay down yard since 2010 when a Land Use Change Permit was issued (Permit included in application materials). There has not been a wastewater system at this site for that time. There are no other facilities or buildings on the property. There are no personnel at the site except when dropping or picking up supplies. In conformance with the Land Use Change Permit, sanitary sewage is collected in pump and haul facilities. There are no plans to change the usage for the property in the foreseeable future. As stated above, there is no need for a Wastewater Management Plan because the property is governed by a Land Use Change Permit that describes the necessary sanitary sewage requirements. The current uses on the property are in compliance with the Land Use Change Permit and will not be changed as a result of the proposed subdivision. The proposed subdivision does not increase the project size, make the project more complex or increase any impacts to the Property. The information that would be provided in a Wastewater Management Plan is not material to the application because the governing document for sanitary sewage disposal is the Land Use Change Permit. County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 TYPE OF SUBDIVISION/EXEMPTION D Time Extension INVOLVED PARTIES Owner I Applicant Name: Puckett Land Co. Mailing Address: 5460 Quebec St. City: Greenwood Village E-mail: ericstearns@puckettland.com Representative (Authorization Required) Name: Eric R. Stearns DIVISIONS OF LAND APPLICATION FORM Phone: 303 763-1000 State: CO Zip Code: _8_0_1 _1 _1 ____ _ Phone: ( 303 ) 763-1000 Mailing Address: same ---------------------------~ City: ________________ State: ___ Zip Code: _______ _ PROJECT NAME AND LOCATION Project Name: Lindauer Yard Minor Subdivision Assessor's Parcel Number: 2171 -291 -00 -005 ------------ Physical/Street Address: 4± miles North of Parachute on County Road 215 legal Description: LEGAL Section: 29 Township: 6 Range: 96 SEC 28 LOT 4(40.53A), S2NW & LOT 9(31.87A & NESW (33.55A) SEC 29 LOT 1 (40.97 A) 5(41.03A) 6(41.07 A) 7(41.05A) EXCEPT 10.28 AC. FOR CO. RD. 215 ROW. zone District: Resource Lands Property Size (acres): 341 Acres± Proje~t DeSCEiptiC)l1 Existing Use: IRRIGATED LAND-AGRICLTRAL. FARM/RANCH RESIDENCE-IMPS GRAZING LAND-AGRICULTURAL WASTE LAND, OIL & GAS Proposed Use (From Use Table 3-403): _1N_o_u_s_T_R_1A_L_L_A_Y_o_o_w_N_Y_A_R_D ______________ _ Description of Project: This project is for the purpose of separating a lot consisting of the lay down yard subject to Land Use Change Permit approved by Resolution 2010-18 together with adjacent lands so the property may be treated independent from the parent parcel in any real estate transactions or development activities. Proposed Develop111ent Area Land Use Type # of Lots ~i11~1i:yaf!lilY ..... Duplex MLJlti~~~mily Commercial Industrial -----···-·····-······· ---········ Open Space Other Total REQUEST FOR WAIVERS Submission Requirements Ii The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: "I -~03 Section:--------------- Section: Section:---------------- Waiver of Standards [7J The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: _1_-1_0_4 _____________ Section: _______________ _ Section: Section: _______________ _ I have read the statements above and have provided the required attached information which is correcJ. and. ::~cu.rate to the best of my knowledge. 2/20/2014 Signature of Property Owner Date OFFICIAL USE ONLY FileNumber: _______ _ LEASE OF COLORADO COUNTY GARFIELD TH S SURFACE LEASE AGREEMENT (this "Agreement"), made as of this 27th Jay of October, 2009, and between Puckett Land Company, a Colorado corporation. whose address is 5460 S. Quebec Suite 250, Greenwood Village, Colorado 80 ! i I, hereinafter called ·'Lessor", and Petroleum Development Corporation, a Nevada corporation, whose address is l 775 Sherman Street, Suite 3000, Denver, Colorado 80203, hereinafter called ·'Lessee'". The entities named above may sometimes individually be referred to as "'Party"' and collectively as ·Parties''. For and in consideration of Ten Dollars ($10.00) and other valuable consideration and the rellls paid and to be paid, and the mutual covenants herein contained. Lessor does hereby lease and demise unto Lessee the surface of the following described property. situated in Garfield County, Colorado: A parcel of land situated in Lots 4 of Section 28 and f,ot I of Section 29 Township 6 South, Range 96 West 6th P.\1. containing 4.71 acres more or less, and as more particularly described as the Laydov.in Yard, depicted in the plat attached hereto as Exhibit ''A"' which is incorporated herein for all purposes. The above described property is hereinafter referred to as the ""Leased Premises''. This Agreement is subject to the following terms and conditions: 1. ,., J. The Leased Premises may be used by the Lessee for any and all purposes consistent \Vi th the Lessee's business activities, supply storage and water filling station, including, but not limited to, constructing, maintaining, operating and storing on the Leased Premises. equipment, machinery, pumps, power stations, pipelines. drill pipe, mud sacks, and other items incidental to the foregoing purposes and privileges, including rights of ingress and egress. Term. This Agreement shall be effective beginning January L 2010 and shall be for a primary term of ten (IO) yean;. Lessee is hereby given the option to extend the primary term of this lease for an additional ten (10) years from the expiration of'the original primary term hereof. a. Initial Rental PavmenL Lessee shall have no rental payment for the initial three (3) years of the primary term. 4. b. the fourth year of the primary term, Lessee shall pay Lessor an annual rental payment based upon market rate. Each subsequent year, the rental payment may be adjusted to market rate at the request of Lessor or Lessee by providing sixty (60) days notice prior to the upcoming rental payment. The annual rental payment wi I be due upon the effective date of each year. i. Market Rat~., Markel rate shall be defined as the average of quotes obtained in good faith by both Lessor and Lessee. Both Lessor and Lessee shall obtain two (2) quotes from industry sources or local real estate sources and be limited to similar land use in the area. a. Right to Surrender. Lessee may surrender this Agreement in whole or any part at any time by filing an instrument of full or partial surrender of public record in the county wherein the Leased Premises are located. Upon such surrender, Lessee shall be relieved of all obi igations under this Agreement as to lands so surrendered, except as specifically noted herein. 5. !t is agreed that all buildings, machinery and other 6. material, equipment and property placed on the Leased Premises by Lessee shall not become part of the real property but shall remain the personal property of Lessee, and that Lessee shall have the privilege of removing all personal property and imprnvements placed by it on the Leased Premises, provided that it does so vvithin six ( 6) months fol lowing the termination of this Agreement a. Lessee agrees to maintain and operate the Leased Premises herein granted in such manner that the operation thereof wi II in no \Vay hinder or prevent the use and enjoyment of Lessor's adjoining property, including use thereof for exploration. mining, llil shale development oil and gas development, farming, ranching and land development. b. Lessee agrees to fence the whole of the Leased Premises. Lessee may use chain link fencing or similar product Gates to be installed as required to satisfy the use requirements of the Lessee. c. Lessee agrees to landscape the Leased Premises along the side facing County Road 215 immediately adjacent to the Leased Premises. and along the side facing the Lessor's entrance immediately adjacent to the Leased Premises. Lessor reserves the right to approve such plans. cL Lessee reserves the right to place or huild a building on the Leased Premises. e. ff Lessee chooses to place or build a building on the Leased Premises, Lessee agrees to install a flag pole illuminated from below 111 a location mutually agreed upon by the parties. 2 f. Lessee may at its option provide for lighting on the Leased Premises. g. Except as otherwise provided herein. Lessee shall maintain current as-built drawings for the Leased Premises and all of its surface and subsurface facilities located within the Leased Premises and shall provide Lessor copies such drawings. h. Lessee shall take all necessary precautions in conducting its activities under this Agreement to prevent brush and grass fires. 7. Lessee agrees to protect, indcmni(y and hold Lessor all Lessor's aniliated and parent and subsidiary companies. joint ventures and partners. and all of the aforesaid entities' officers, directors. shareholders, employees. agents, invitees and insurers (''Indemnities") harmless, from and against any and all liabil luss, damage, costs (including attorney tees), expenses, fines, claims, demands and causes of action arising out or or in any way connected with Lessee's activities or operations under this Agreement, that result in injury to or illness or death of any person (including, but not limited to, an lndernnitee or an employee or an agent of Lessee or Lessee's contractors or subcontractors or any third party) or for loss or damage to property (including, but not limited to, propetiy of lndcmnitees, Lessee, ,essee' s contractors or subcontractors or any third party) or for violation of any federal, state or local laws, rules, regulations, and orders, including, but not limited to. Comprehensive Environmental Response. Compensation, and Liability Act ERCLA"') and Resource Conservation and Recovery Act ('"RCRA''). SUCH INDElViN!TY _,SHALL APPLY E'{EN IN THE EVFNIQF AN INDEMNITEJ:::.·::~ COMP/~BJTIVf~. CONTR1£l.1ff0RY, CONCURRENT, ACTlVF·:. _QR_)lASSIVE, AND RJ,;::(JARDLESS OF .jYIIETHER LIABf11JY WITHOUT L~JJLT IS l!VIPOSEQ_OR SOUGHT TQ_BE_ IMPOSED Qt:! ONE OR JVIOfSf:'. .. OF THE l.~DEMNlTEES. This indemnity shall not apply to the extent that it is void or otherwise unenforceable under applicable lmv. 8. Without in any way limiting Lessee's liability under this agreement lessee shall maintain, during the term of this Agreement, the follovving insurance with companies satisfactory to the Lessor: a. Worker's Compensation and Employers' Liability Insurance as prescribed by applicable law. The Iimit of liability for Employers' Liability Insurance shall not be less than $ J ,000,000 per occurrence. b. Comprehensive or Commercial General Liability Insurance (Bodily Injury and Property Damage), including the fol!O\ving supplementary coverages: Contractual Liability to cover liability assumed by Lessee under this Agreement; Product and Completed Operations Liability Insurance; Broad Form Property Damage Liability Insurance; and coverage for Explosion. Collapse and Underground Hazards. The I imit of liability for such insurance shal not be less than$ l ,000.000 per occurrence. c. Automobile Bodily lnjury and Property Insurance. insurance shall extend to non-owned and automobiles used in the activities performed pursuant to this Agreement. limits of liability of such insurances shall not be less than $ ,000,000 per person I$ ,000,000 per occurrence for bodily injury and SL000,000 per occurrence for property damage. The insurance specified in this Section 8 shall contain a waiver of subrogation against Lessor, and shall name Lessor as an additional insured with respect to the activities performed pursuant to this agreement. In addition. such insurance shall include a requirement that the insurer provide Lessor with 30-days' notice prior to the effective date of any cancellation or material change of the insurance coverage. of the insurance 9. This Agreement is made \Vithout warranty of title, express or implied, and is expressly subject to any exceptions and reservations and other matters affecting title of record, including all existing easements, rights-or-way, licenses, leases and other agreements affecting the surface or subsurface of the Leased Premises. Lessor further reserves the right to grant orher easements, rights-ol:.\vay, licenses. !cases to third parties to cross over or under these Leases Premises. Lessee is responsible for obtaining any necessary third party consents prior to cunducting activities on the Leased Premises pursuant to this Agreement. Lessee may, al its option, discharge any tax, mortgage or other lien on the Leased Premises, in \\hole or in part, and thereby be subrogated to each such lien or liens, with the right to enforce the same. If Lessor owns less than the entire interest in the Leased Premises, the payrncnt to be paid hereunder pursuant to Section 3.a., shaH be proportionally reduced. I 0. No change of ownership of the Leased Premises shall operate to enlarge the obligations or diminish the rights of Lessee under this Agreement. No change in ownership of the Leased Premises shall affect or bind Lessee until the purchaser then:of shall furnish to Lessee the original instrument of conveyance or a duly certified copy thereof. Lessee shall have neither the right nor the power to assign this Agreement, in \Vhole or in part, to any other party without the prior written consent of Lessor. Lessor may withhold its consent to any such proposed or attempted assignment for any reason or for no reason in its sole direction. Any attempted assignment made in contravention of this provision wil be, [n Lessor's sole discretion (and in addition to any other remedy available lo Lessor at law or in equity). voidable and of no force. The granting of Lessor's consent to any assignment \Vi II be effective only as to the specific assignment then the express subject of such consent. and any subsequent assignment which may be proposed or attempted, will be ineffective without Lessor's prior written consent. [)rovided, hO\vcver. this provision shall not apply to transfers of interest that result from mergers, acquisitions or sale of substantially all of l ,essee' s assets or to assignments to Lessee's corporate affiliates. 4 II. 12. 1. l J-. 4. 15. It is agreed that no default or breach of covenant shall be deemed to have occurred on the part of Lessee until thirty (30) after written notice of such default or breach shall have been given to Lessee, and Lessee shal have failed to remedy such default or breach within such period of lin1e. Lessee agrees to pay promptly and before delinquency all taxes and assessments [cvicd or assessed upon or against the Leased Premises during the term hereof: by reason o( or resulting from, Lessee's activities under this Agreement, and to reimburse Lessor for any increase in taxes paid by Lessor resulting from the value of Lessee's facil on the Leased Premises, whether or not separately assessed. Notices. All notices shall be in writing with postage prepaid addressed to the applicable Party hereto at the address set forth above, or to such other persons and addresses as may hereafter be designated by the Parties hereto in writing. J\ll noticcs shall be deemed delivered when deposited in a United Stated Post Office enclosed in a prepaid envelope addressed as hereinabove provided, or if not mailed, when delivered in person to the affected Party. The terms. conditions and provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective pcnnitted successors and assigns. Lessee has the right at any time to terminate this Agreement. Upon termination of this Agreement, Lessee shall execute and deliver to Lessor, within thirty (30) days after \Vrittcn demand therefore, a good and sufficient release as to all interests of Lessee in the Leased Premises. Should Lessee fail or refuse to deliver to Lessor such release, a written notice by Lessor reciting the failure or refusal of Lessee to execute and deliver said release, as herein provided, shall after ten ( 10) days from the date of recordation of said notice, be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this Agreement and all interest of Lessee hereunder, subject to Lessee's obligation to remove its property \Vtthin six (6) months of such termination. Termination shall not operate lo extinguish any obligations of Lessee which have accrued at the time of termination, or which accrue hereunder upon termination. I 6. This Agreement and Exhibit "A" hereto shall be governed as to validity, enforcement, construction, effect, and in all other respects, by the lavvs of the State of Colorado, and its courts shal I have jurisdiction to enforce th is agreement. 17. !n the event of a default by either Party in the performance of its duties, the court with the proper jurisdiction to resolve the dispute shal award reasonable attorney foes and costs to the successful Party, or in such manner as the court sees fit 5 !N WITNESS date first above written. Lessor: Puckett ,and Company By: Title: President Date: STATl~ OF COLORADO ) ) COUNTY or ) the Parties hereto have executed this Agreement as of the Lessee: Petroleum Development Corporation Vice President Land Date: The foregoing instrument was acknowledged before me this \i!atthew A. Wurtzbacher, as President for Pucketl corporation. STATE or COLORADO l"Y AND COUNTY or DENVER ·----Notary Public The fi.11-egoing instrument was acknO\v[edged before me this ... -day of , 2009 by James R. Schaff as Vice President Land of Petroleum Development Corporation, a Nevada corporation. Notary Public 6 IBrT Attached 1o and ma<le a part of that cetiain Surface Lease dated October 27, 2009, by and betYveen Company, as Lessor, and Petroleum Development Corporation, as Lessee. --;--1-T· I I I I ··I -I--+---l I I I __ I __ L _ .L -· I I I I .,_,,I I . 1··-1 I I .!!.'""-1--1 " 10 and made a part that certain Surface dated October Land Company, as , and Petroleum Development Corporation, as ,<·'"''rQi<C.UAT£~,Z,5: __ >lot~l srt: O!S"<""'~"''>" -Z-4 f''Jt ,:tfafF r.:JT '.') "'""·'""' ;,,,,,..,,..~ i:v·::.r"!.Sv",M·"'"t:"- ;A!'"' 'rlU""" h~O'l',l<i')t<"'; I J,(;t;>j ft': :<H<',~t Ffl'ol ,., I0,4J:/' C,!YY3 -h"+.:: !"•J l'A,lt."'11'.L s t/4 c ... ·. s~.:. 20 fli"'M'J.r;;eyi r J/~ -c ...... g,,..,~ c'V" ,"'/ i sct9'42'21rw "' 2571_52· (Mr.as.) Nii' 1/4 I SF: 1/1 5e:dla.? Lino t:,,ah-,,; : .. ot 1 SVRFi4C.£ UX LA YO!JT YARIJ C~1~<1,7!)iSA00!'.1 1/7~1l~ Lu\ ~ Lot 6 (' ~ ~ :--:. ~ ~ ~ r:;: --... " " ii: PUCKETT I.AND CO. i,O( 4 (Af [dye of" Sur-fo~e :J$e ,~,~;vw 589'56"5.frl~· -!)Jof.-16" (Mws.) B'CGINN1NG OF ROAD 5TA. ;:J+OO 8LARS S:?S~17'15~2 944. 72' FROM iHf NORTil'h[SO cooNCR or scc<10N 28, ros, R96W, .S1H P.v .. Lol 3 ROAD RiGHT-·OF~,WAY DESCRIPTION 8CCNN;t~G AT A P01r-.1 It.· 2a. rs~:;. R'35'1\' .. olh PJt .• S2Y~7'15•£'. 9·'14.7t P-lOV C.:JRNER OF SN.D SECT\(."'! $6\'41'j$!'W JB,Z'i ro .t... I S.AIO -S.fCTION 28, 'i'!HCH BfMS 948.39' FRGM "f!k NOR!HWE'ST CORN~R OF '<) Sf.A) S£:cnoN za. n-•r smr L!NLS or sAio :51 g~s~~~3NEc°A :~~H;; ()~[r~.6, ~l~EcitGA~~·~E~EO J~, PROPERTY UNES. B/1S!S OF FjfARfhlGS !S It "f,j G.P S. OBSERVl\Tl°'. COl'·:"'<AiNS 0.025 ACRES 1.~' MC'lL OH L[$5 "-'- \.'-· \.\.\. I , -·Sec. 28 ~! lq.t 2 PETROLEUM DEVELOPMENT CORP. LOCATION SURFACE USE AREA & ROAD RIGHT-OF-WAY (For the LAYDOWN YARD) LOCA 11:.D IN S[CT;ONS 20 & 29, 16S, R96Vv', 6th P,M. CARFIELD COUN i Y, COLOR ADO ~ ~ a § ~ 5 SC AL E tJASIS OF [J[AR:NGS -------"""-""'·· ... ...._. ___ _ 3AE.!S OF t.!lAR!NGS rs A G.P.S. oasrnVAT1,0N. ---1\"E 1/1 l ct 5 \\ I \:-2:;a h.~Asr • t-'3S; 789-1011 \\ i .. , I \\\ Lot 5 \\ SW f/1 2 B; 0 Vl Vl C) -; p (/) 0 (/) Vl (\) fl' ~ ·~ p ,....,. ::::;-- p ....... r ()) co Vl ()) N ;--1 [0 0 0 '° c >-I ~ /\ttn: Anderson Consent to Assignment lo and other contracts The closing of the transaction is scheduled to occur on the assets to be assigned pursuant to the purchase and sale transaction are those leases ancl contracts identified on Exhibit A attached hereto (the require the consent kett Land Company to assign. The purpose of this correspondence is to request [he consent of the Puckett Company to the assignment from to Caerus. PDCs interests in Lhe Properties. l llave enclosed of all of lbe leases anci contracts for convenience. If the foregoing is agreeable to you, please indicate your consent by executing in the sracc pro below, and returning to my attention an executed original by U.S. maiL If you have questions concerning matter, please contact me at 18. Sincerely, Company not recorded 12 and Olli AiND GAS rrnc April 29, 2014 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Request for Minor Subdivision, Lindauer PDC Yard Parachute, CO 81635 Garfield County, Colorado Ladies and Gentlemen: Caerus Oil and Gas LLC 600 Seventeenth Street Suite 1600N Denver, CO 80202 Caerus Piceance LLC ("Caerus''), a subsidiary of Caerus Oil and Gas LLC, is the Jessee of the property known as the Lindauer Yard listed as Parcel No. 2 J 71-291-00-005 and is the assignee of PDC Energy, Inc. Caerus supports Puckett Land Company's application for a Minor Subdivision and states that Caerus is in compliance with the requirements set forth by Garfield County in Resolution No. 2010-18 with regards to our lease on the parcel of land ref erred to above. Sincerely, Caerus Piceance LLC Matthew A. Wurtzbacher President Legend PuckettParcel SurficialGeology TYPE FAN ~LANDSLIDE l j MUDFLOW MUD FLOW/SLIDE Slope Hazard TYPE MAJOR MODERATE S SGM 0 500 1,000 2,000 3,000 4,000 ------------.Feet 1 inch = 1,000 feet COLORADO DIVISION ~F efT-:1.QESOURCES BEC£1v£D 1313 Sherman Street. Room 818 Denver. Colorado 80203 THIS FORM MUST BE SUBMITTED WITHIN 60 DA YS OF COMPLETION OF THE WORK DESCRIBED HERE· ON. TYPE OR PRINT IN BLACK INK. WELL COMPLETION AND PUMP INSTALLATION REPORT AUG 0 7 . PERMIT NUMBER<-~~/~7~ ~ ffJ()g WELLOWNER A t/oAi'c_ ((\J.~elcf Cc. /z!E Y.ofthe s£ ~~-· ·~'-- ADDREssST£ J2ib 5fc~ ~"~)-0~ T._f!__~-. R.~ ~ . '~ DATE COMPLETED fljls-19 91B HOLE DIAMETER _i~n from 0 I to /3r ft. -'2..1£in. from/£ f to 60' ft . WELL LOG Water From To Type and Color of Material Loe. P.M. o' ' [!6 .. /0 f 60 , (3~£?AA s~ ~' /0 in. from -Jo f')ft. .DRI LU NG METHOD--4.lr _ _J/L_"f!./"-=-:..-=~:_:_-=S~J"-Cr:....::'~=-=--:~-- CASING RECORD: ,, Plai')Casing f Size b~ & kind , ~t!;gd_ from-/ to &' ft. Size±[_/)..& kind frJL from /O /to l'o' ft. Size __ & kind ____ from ___ to ft . , LI j, PJ50;;1ed Casing r Size I,lK & kind~ from _ft to bO I ft . Size __ & kind ____ from ___ to ___ ft. Size __ & kind ____ from ___ to ___ ft. GROUTING RECORD ~ I Material &J ~--t---~---+-0/_J:i_C>:.___ lf'"lr_ 1 c"Jr ' Intervals _ ___,C/=-__ _!__,,,t!Jc.._ __________ _ Placement Method --~<-=.=..=--~-~'--· -=->~....:J=a:;;.__ __ !A~~n! Size -~ILi.C-'-<~"""::.=""'""--------GRAVEL PACK: Interval ------------------ TEST DATA I Date Tested --~/?.._,._/0-'--'f-'-S-______ , 1~ 7 ~' Static Water Level Prior to Test ---t::2U.J""""'...._ ____ ft. Type of Test Pump Length of Test ___ _,_/_~=-=~J...a.C _______ _ 60 I TOTAL DEPTH Use additional pages necessary to complete log. Sustained Yield (Metered) ---'~---"~'-----6-=--.:...f?._01 ___ _ Final Pumping Water Level ---~S(..__,Q,.__f _____ _ '· Jj :~ -·--· PUMP INSTALLATION REPORT Pump Make Type Powered by Hp -" _·_'_, ·, "" ' . ' ( Pump Serial' No. _____ ·_-·._-_______ _ \ I J \ • \ t , ~ ,-, Ii.I ,..· ~~ I .. ·\ Motor Serial No. Date lnstalleo ·, \ Pump Intake Depth------------ .! • j :i" .:t: \:;LE: ~ ...J w LU > U> w ;:~ ...J <( I- I/) -------- ') '. Remarks \ \ '' \ WELP T~ST DATA' WITH PERMANENTi.PUMP Date Tested --------------- Static Water level Prior to Test-------- lj'ou rs Sustained yield (Metered) ______ _ GPM Pumping Water Level------------ Remarks I\ I \ ...... ' . \ " \ ')-.r..,.' CONTRACTORS STATEMENT '· ·-- 'J' z ' ,Q.: . ;s: ::!; ~\-,.,. ""' .. / w " , ~ \ \ ::i:: I- I a.. ~ 0 I- ...J z <If .... I-Cl.. 0 I.I.I I-Q The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation describe ereon; that he has read the statement made hereon; knows the content thereof, and that the \'s. true f h~ knowledge. Signature · '-License No. /0 /b Staie~of SS . 19 CC( ' .. Notary Public __ _;,..__..._~74-'--'..).o!:l->"~-=-_x"---""':..i-""'""'-""~=- FORM TO BE MAD£ OUT IN OUAORUl'LICATE' WHITE FORM mun 'o• an oriijinal ~opy on both 1id .. ind sign•d. WHITE ANO GREEN coi:>•es must be filed with 1he State E"llineer. PINK COPY i• for the Owner and YELLOW COPY is for th• Drill•r. ---.... .' CONE Of DEPRESSION ' .. ,. . WRJ-5-Rc v. 76 .. Application must \\e be complete where applicable _ ·;rype or print in BLACK ---COL00RADO DIVISION OF WATER RESOURCES.. 2 5 - ~8 Centennial Bldg., 1313 Sherman St., Denver, Colorado B~~ PERMIT APPLICATION FORIV! ~ 'SS9 (~)A PERMIT TO USE GROUND WATER {'fj A PERMIT TO CONSTRUCT A WELL .... ..... Dlfi· .... £)-tfs<lau.+o ]4(~+14 v»~U + I NK_ No over.strikes or erasures unless in it ialed. ~~R : {y__l A PERMIT TO INSTALL A PUMP ~ , ....i- l ~ ' I t ~23' _,.~ ( t REPLACEMENT FOR NO. =£'00(' w.tb-prt._ {?R,f"f#.\f re~uir. I i!Qef' ~ ( tOTHER _____________ _ WATER C OURT CASE NO.--------- (1) APPLICANT· mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN --1----l\ti\-Mf! ~lant ic Ri-ehficld Com STREET 555 17th Street ·Basin ------Dist. Cl TY _.....;D~e~n~v.~e~r'-'--~c~o ~8:!..l0~2~0~2:::-:-:-------;-::;;-::;----cs 1.1e1 (Zip) TELEPHONE NO. C303) 2 93-4608 (2) LOCATION OF PROPOSED WELL County ~..c~-d~ \NE " '!.of the ~ E. '!.,Secti on d-q Twp. ~ __s_, Ang . 9.k ....c.J.... ~Jh P.M. t N.SJ IE .WI (3) WATER USE AND WELL DATA 'Proposed max i m u m pumpi ng rate (gp m) Sf-/lJ ' Average annua l amount of ground water I to be appropriated (acre·feet): / 41:<-= £r 'Number o f acres to be irrigated: --'-'-tG~~'-=-==-------­ ' Proposed tota l d epth (teet t : .£${-L.D 1 "'-he.dtoc.k. Aquifer ground water i s to be obtai n ed from: p.f/uv orJ 'f Y-~ve ~ Owner's we ll d es ignat i on------------ GROUND WATER TO BE USED FOR: .t ( 'j. t H O U SE HO L D U SE O NL Y· no i r r igat ion (0) ' ( t DO MESTI C (1) ( ) IND U ST R I AL {5 ) ( ) LI VESTO CK (2) ( ) IRRIG A T I O N (6 ) { ) COMMER CI A L (4 ) ( ) MU NICI PA L (Bt ) OTHER {9) ______________ _ DETA I L THE US E ON BACK I N (11) (4) DRILLER Name _p0ui~w~~~5>--~12.LLr~•'~\~~~~~~C~n:>..,--->I~n~~.._ ___ _ 1:1 _, ..so I Street ....,,;i;;.i..;:31.!::91.G;O:l-----1:1H_ICWll..__\'(-~G.._-..:;;;5).>oo.:::-. ______ _ Ci ty _ _JGQ...l':v-~_.:'4~~,::i:t:..__ ___ --J(l~o~------'6=-t:\ ;'f';:r:;ro-~ .... --~t•t•> (Zip) ~~I Telephone No .------Lie. No_ (la\a tf 5 ' w,.,~~~r.,.,, (.,UGI( i .v ..... ~ f.>,r). B ... 'b'~"':l f~O CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights . The issuance of the· petm it does norcrssu re the app I icant '"' . that no injury will occur to another vested water Li "I. right or preclude another owner of a vested water r:,) right from seeking relief in a civil court action. r[ ~ ISSUANCE OF THIS PERMIT DOES NOT --QQ~E=~=~~CRBBD_~~~R:RigHT-- 1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(II) (A) AS THE ONLY WELL ON A RESIDENTIAL SitR OF 40 ACRES DESCRIBED AS THR NE 1/4 OF THE SE 1/4 OF SECTION 29T T6S, R96W OF THE 6TH P.M., GARFIELD COUN Y. 2) THE USE OF GROUND WATER Fffa.f THIS WELL IS L!.MITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A SINGLE FAMILY DWELLING AND THE WATERING or THE USER'S NONC<X+mRCIAL DC»imSTIC ANIMALS. THE GROUND WATER SH.ALL NOT BB USED FOR IRRIGATION 9R OTHER PURPOSES. 3) THE RETURN FLOW FROM THE USE OF THIS WELL MOST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL SYSTBM OF THE NON-EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THH SAME STREAM SYSTEM IN WHICH THE WELL IS LOCATED. 4) THE EXISTING WELL MUST BE PLUGGED AND ABANDONED ACCORD ING TO THE RULBS AND REGULATIONS FOR WATER WELL AND PUMP INSTALLATION CONTRACTORS WITHIN NINETY (90) DAYS OF COMPLETION OF THE NEW WELL. THE ENCLOSED AFFIDAVIT FO~ MUST BE CCMPLETED AFFIHMING THAT THEIOLJ WELL WAS PLUGGED AND ABANDONED. ~'Ro B Z iJ8 APPLICATION APPROVED 1-51-87~) !J '. I , .. -... ·~'I ·-:·~~-:-· . J_-~ i. (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water-will oe use<! must M indicated on the diagram below. Use the CENTEl;l ,:.,?.~~O~ !.1~ction, 640 acres) for the welt location . t -+ --f-"~·A·•+-+ -+ -+ -+ I~ 1 MILE, 5280 FEET ---+ 1 t + + + + + + '. + I t r' (6) THE WELL MUST BE LOCATED BELOW by distances from section lines . • ;i.>M ~IJJ~&!h,"'" ~' ""' JBO V.ft!from f~.si-sec. Jjne · r 1' 11· (•a•t or west) · . : (. I + --1-- I I ' LOT #A :i~~OK.._,1-9= .. ~---FILING # __ _ I SUBDI v JSION __,,4'..,'"Wi ... • .,..~,...:4._• _______ _ - + -ti--~~~~---'~~~~----NORTH SECTION LINE +NORTH+ I ) ' 1 (7) TAAC "F--QN WHICH WEt-L .WILL BE--- LOCATED Owner:___,/l..,.R~l!._O ____ _ + No . of acres 350,{)] I I I I I I w -+ ----+ z -I I --m + > (/) -i . Will this bP. I I + I + n +- i3 -~-.l t:= I ..., l a I u I -' w (I) I I .... (I) ~---t----+ (/) ,,, (") --+---i -x 0 z r z + -m ' -the-only well OA--thi-s tfact?-=~'~1;11:''"~··======~--- + (8) PROPOSED CASING ~ROGRAM l t Plain Casing r;: r. D. in. from s ul'£. ft. to ___.i)l...,,,O.___ ft . -. . \ .. ,~ .. I I + -+ -I I SOUTH SECTION LINE I -+ --+ ____ in . from ____ ft. to ____ ft. Perforated casing I/,. I + I +- + --+- I I + + -+-I -+ -+- I I I -+-+ -+ -+-+ The scale of the diagram is 2 inches = 1 mile Each smal I square represents 40 acres . + -+ - WATER EQUIVALE.NiS TABLE. \Rounded F igur es) A n scre-foo.1 co,ers 1 acre of land 1 foot deep 1 cubic foot per second lcfs) ... 449 gallons per minute lgpm) A family of 5 wil l r equire appro x imately 1 acre-foot of water per year. 1 sere-foot ... 43,560 cubic feet ... 325 ,900 Qllllons. 1,000 gprn purnl)«J continuously for one day produces 4.42 acre-f eel. (10) LAND ON WHICH GROUND 1 ~A~ER ~ILL:: USED: I + I + Owneds): A+\~~\,-c.. R,·l~l· it '"f'~ Legal description: S!i!s: ai' :i."' . r,-s R9t.l..d to, PM "'14 r.D in. tram -~.?. .... o'""'-_tt . to ----in. from ____ ft. to ____ .'t. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it : No.of acres: 350 + " (11) DET Al LED DESCRIPTION o( the use of ground water: Household use and domestic wells must indic11te type of disposal system to be used. , I I } l L _ I 1 I l ( ri I\ · · --·Ho146«H• d ;· --~--ty:15'~ 511f2h'L. t=.,.)<. Gtc:c! )eo~N!c rl " (12) OTHER WATER RIGHTS u'sed on this land, including wells. Give Registration and Water Court Case Numbers. Type or right /\~ Used for (purpose) Description of la nd on which used iftiatb .. \a b,tt 'kfflJJ sloo~ irr~11.l'!m, h""1 JOO:!" ac~:s tn .:Se.c. ~'ti ;ti !:-D w <!4 sr-. :narc.fl : ,;-r=c, ~ ITU• d.tto '\/ (13} THE APPLICANT IS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS lRUE TO THE B ST F H KNOWLEDGE. Administration Use additional sheets of paper if more space is required. ,. } .. ARCO Coal Company 555 Sevenleenlh Slreel Denver, Colorado 80202 Telephone 303 293 4000 Property Adminlslrslion July 13, 1988 I Colorado Division of Water Resources 818 Centennial Bldg. 1313 Sherman Street Denver, Colorado 80203 Re: Permit Application for Water Well Hays tack Property Garfield County, CO Gentlemen: Enclosed is a permit application for a water well to be drilled in Garfield County, Colorado on property owned by Atlantic Richfield Company. We ask that you expedite processing on this matter if possible since we have tenants occupying the residence on the property who need the use of the water. Please contact me if you need anything further in this regard. Thank you for your courtesy. Sincerely, 1:: L. Wve Coordinator, Property Administration MLL:mjb enclosure cc: J. R. Hardin, ARCO Gary R. Morris, Unocal ':" ' R O Y AO /..t ER G o ve<·n o r Dear Applicant, ' ' OFFICE OF THE STATE EN G IN E ER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver. Co l orado B0203 RE : WATER ~~~ICATION\ During the 1987 sessi on of the legislature which ended the last Senate Bill 200 was passed, and became effective July 1, 1987 . increased the fee for applications of the type you submitted to we 11 . .;Ei'i lS .-". CAl>l lELSC ~' S :a ce Ecigineer week of June, This law S60.00 per We are returning the attached application(s) and your remittance, if included, to you since we cannot process the appl i cation(s) unti l we receive the correct fee . Please submit the application(s) with the correct fee. The new law also requires this office to act within 45 days of the rece i pt of a complete and correct application . To avoid additiona l delays, you may wish to review the app l ication(s) to assure completeness and correctness . Your total fee is _;i_,b..._0 ____ _ We are sorry for any inconvenience this may have caused you . 16971 Richard A. Bell Water Resources Geo l ogist Ground Water Section Acco unt Numbe r R260164 Acres 350.07 Assessed T o Garfield County Treasurer Statement Of Taxes Due Parcel 217 129 10000 5 PUCKETT LAND COMPANY 5460 S QUEBEC STREET , SUITE 25 0 GREENWOOD V I LLAGE, CO 801 11-191 7 Legal Description Situs Address Sect ion: 29 Township: 6 Ran ge: 96 SEC 28 LOT 4(40.53A), S2NW & LOT 9(3 l .87A) & NES W (33.55A) SEC 29 LOT 5325 2 15 COUNTY RD I (40.97A) 5(4 l .03A) 6(4 l .07A) 7(41.0SA) EXCEPT 10.2 8 AC. FOR CO. RD . 2 15 ROW. Yem T&X Tax Char e 20 13 $68 6.16 To tal Ta x Char ge ~tal-011e as af<l5/0'7/2().14 Tax B illed al 20 13 Ra tes fo r Tax Area 026-16-BI-IFZDF-026 Authority GARFI ELD CO U NTY GA RF I EL D COUNTY -ROAD & B GARF I ELD COUNTY -SOC IA L SE GARFIELD COUNTY -CA PIT AL E GARF I ELD COUNTY -RETIREME N G RAND VA L LEY AND RURAL FI RE BLUESTONE WATE R CONS CO LO RI VER WATE R CONS GRAND RIVER HOS PI TAL GRAND VA LL EY CEMETE RY SC HOOL D IST 16 -GE NERA L FU SC HOOL D I ST 16 -BOND CO LORA DO MTN COLLEGE GRAND R I VER H OS PIT A L -BOND GARFIELD COUNTY PUBLIC LI BR SC HOOL D IST 16 -M ILL LE VY Ta xes Bill ed 2013 * Cre dit Le vy Mill Levy 5.9550000 3.0000000 1.2500000 3.0000000 0.4 5000 00 3.2670000 0.0060000 0.2540000 5.0790000* 0.0090000 2.2330000 5.5890000 3.9970000 0.51 80000 1.0000000 1.1060000 36.7 130000 Jnterest $0.00 Fees Payments $0.00 ($686.16) Amount Values Actual $11 1.30 I RRIGATED LAND-$45 ,85 0 $5 6.07 AGRICLTRL. $23 .36 GRAZ ING L AN D-$1,200 AGR ICULTURAL $56.07 WASTE LA ND $1,160 $8.41 FA RM /RA NC H $5 1,360 $61.06 RES I DENCE-I MPS $0.1 1 OTHER BLDG S.-$2 ,120 $4.75 AGR ICU L T U RA L $9 4.93 Tota l $10 1,69 0 $0.17 $41.73 $I 04.46 $74.70 $9 .68 $18.69 $20.67 $686.16 Balance $0.00 $0.00 $6.66 Assessed $13 ,3 00 $350 $340 $4,090 $6 10 $18,690 A LL T AX LIE N SA LE AMOUN T S AR E S U BJE CT T O C H ANG E DUE T O EN D O R S E M ENT O F C URRENT T AX E S BY T HE LIE N H O LDE R OR T O ADVERTI S ING AN D D ISTRAINT WARRANT F EE S. C HANG ES MAY OCCUR AN D THE TR EAS U R E R'S OF FI C E W ILL N EED T O B E CONTACT ED PRIOR T O RE M ITTANC E A FTER THE FO LL OW IN G D A TE S: PE R SON A L PR O PERTY A ND MOBILE HO M ES -S EPTE M BER 1, 20 14, R EA L PRO PERTY - S EPTE MBE R 1 , 2014. T AX SALE R EDE M PTI O N AMO U NT S M U ST BE PA ID BY CAS H O R CAS HIERS C HE CK. Ga rfi e ld Co u nty Treasu re r P .O. Box 1069 G lenwood Springs , CO 81602-1069 (970) 945 -6382 Garfield County Account R260164 Legal: Y~ar Total As of Date 05 /07 /2014 Parcel Number 217 129100005 Owner PUCKETT LAND COMPANY Section: 29 Towns hip: 6 Range : 96 SEC 28 LOT 4(40.53A), S2NW & LOT 9(31.87A) & NESW (33.55A) SEC 29 LOT 1(40.97A) 5(41.03A) 6(41.07A) 7(41.05A) EXCEPT 10.28 AC. FOR CO. RD. 215 ROW . Tax Total Due $0.00 $0.00 <public w ebuser>@ May 7 , 201 4 9 :26 :53 A M Garfield County, CO Page 1 of 1 1111 W.i. ni,1~.lil.Ml'• !¥1.llH ,\ri\IL !1\1, !~r. rt'~.!"~"~ 11111 Reception~: 784391 04/07/2010 04:23:02 PM Jean Alberico 1 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the i5th day ofivfarch A.D. 2010, there \Vere present: John Martin , Commissioner Chairman Mike Samson Commissioner Tresi Houot , Commissioner Deborah Quinn , Assistant County Attorney Marian Clayton , Deputy Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2010-18 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, LIPA 6239, FOR STORAGE: SUPPLIES, MACHINERY, EQUIPMENT, OR PRODUCTS, LOCATED WEST OF COUNTY ROAD 215 AND 4 MILES NORTHWEST OF PARACHUTE, AND WITHIN A PROPERTY OWNED BY THE PUCKETT LAND COMPANY, GARFIELD COUNTY PARCEL NO# 2171-291-00-005 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Permit to allow for Storage: Supplies, Machinery, Equipment, and Products. B. The 4.7-acre site is located west of County Road 215, four miles northwest of Parachute, CO, and within property owned by the Puckett Land Company. C. The 4.7-acre site is described in the application documents and attached hereto as Exhibit A and incorporated by this reference; 1111 ~'11".i.~i~,l~J.1,~r+l~llH hl'1 i,1~tW1Ull1\.~1'.~1 I 11111 Rece~tion": 784391 04107/2010 04:23:02 PM Jean Rlberico 2 of 11 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO D. The subject property is contained within the Resource Land/Gentle Slopes zoning district and a Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and Products requires approval of a Limited Impact Review Process by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and Products pursuant to Section 1-301and4-105 of the Garfield County Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened the public hearing on the 15th day of March, 2010 upon the question of whether the Land Use Change Permit application, LIPA 6239, for Storage: Supplies, Machinery, Equipment, and Products, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 15th day of March, 2010 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, 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 or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and Products is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of2008 as amended. 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, LIPA 6239, to allow for Storage: Supplies, Machinery, Equipment, and Products is hereby approved subject to compliance with the following conditions: 2 1111 ~""• n~,l~JM11\~ ~ llH ,\'!Ill. !11'~.tli!1 ~~,l ~IA~~"~ 11111 Reception~: 784391 04/0712010 04:23:02 PM Jean Alberico 3 of 11 Rec Fee:$0.00 Doc Fee:0.00 Gi=!RFIELD COUNTY CO 1. All representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The operation of the facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Vibration generated: the facility shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 4. Emissions of smoke and particulate matter: the facility, generator, pump, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards, including CDPHE APCC Regulation 1 for dust. 5. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 6. All equipment and structures associated with this permit shall be painted with non-reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. The applicant shall install a site-obscuring fence on the site boundaries. 8. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 9. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 10. The Applicant shall adhere to the Stormwater Management Controls and the required procedures detailed in the Materials Handling and Spill Prevention detailed in Section 3 of the Stormwater Management Plan and attached hereto as Attachment 1. 11. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and Sensitive Area Report as follows: a. Reclamation areas shall include Wyoming and Big Basin Sagebrush in the re- vegetation seed mix. Local sagebrush seed should be used. b. The applicant shall control noxious and invasive weeds to maintain native vegetation. c. No development activity should occur between January 1 and March 31 to meet CDOW and COGCC standards for the protection of Mule Deer critical range in the project area. d. Brush clearing activities shall occur outside of the migratory bird nesting season which is between May 1 and July 31. e. Site construction activities shall comply with the following site development standards to protect Wild Turkey production: 3 1111 ~··.i. ~1~.~r~H:i~i-trr,11'1'.ll)Ul'I ~l rowit. l .. il, ~"' 11111 Reception~: 784391 04/0712010 04:23:02 PM Jean Rlberico 4 of 11 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO I. Confine construction activities to the immediate site. If additional storage, parking, etc is needed outside of the immediate area it should extend to the north, south or east. No extension to the west (toward Parachute Creek) should occur. ii. No activity should occur within the Parachute Creek riparian area or areas immediately adjacent to the riparian zone. iii. Loud noise (greater than 85 db) from machinery and equipment should be avoided at the laydown site until two hours after sunrise to minimize interference with turkey mating displays. Turkey n1ating displays are both visual a..TJ.d sound dependent and keeping noise below the 85 db threshold will reduce potential interference with turkey mating displays and reduce impacts that could negatively affect turkey reproduction. f. Construction activities shall be scheduled so that they do not interfere with breeding, nesting, and brood rearing activities for Raptors which are identified in Table 4 (page 13) of the Wildlife and Sensitive Areas Report and attached hereto as Attachment 2. g. Soil erosion control within the project area shall be implemented. 12. The following recommendations and requests of the County Vegetation Management Department shall become conditions of approval: a. The applicant shall construct a washing station to power wash and remove all seeds, soil, and vegetative matter for all construction, heavy or off road equipment and transport during construction. This would include backhoes, trackhoes, dozers, blades, rollers, lowboys, and equipment trailers. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. b. The applicant has provided an acceptable menu of seed mixes. c. All seed tags must be saved and made available to the Vegetation Management Department for verification. d. The applicant has quantified the surface area to be disturbed as 5.0 acres on private land. Staff recommends a security of $20,000 based on the long-term rate of$4000/acre x 5.0 acres. e. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. f. The Reclamation Standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 13. The following recommendations and requests of the Garfield County Road and Bridge Department shall become conditions of approval: a) A driveway access permit is required for this application with conditions specific to the driveway access location. 4 1111 ~\l".i. ~i~,l~Jl~'IMI~ llfit 1-1'1 ~.~~~i.'it rili~ U!'J, ~"' 11111 Reception~: 784391 04/07/2010 04:23:02 PM Jean Alberico 5 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. The conditions would include a paved or concrete apron the width of the driveway access, 10 feet in length from the edge of pavement on Cr. 215 and a minimum depth of 4-inches. 11. A stop sign shall be required at the entrance to Cr. 215. The sign and installation shall be as required in the MlJTCD (Manual on Uniform Traffic Control Devices). b) Petroleum Development Company may be asked in the future to contribute to road improvements on County Road 215. c) All vehicles hauling equipment and materials for this project, including items to be stored shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. d) All vehicles applying for oversize/overweight permits shall have a letter or e-mail from Petroleum Development Company stating said vehicles can obtain oversize/overweight permits under their road bond on file with Garfield County. 14. The Applicant shall adhere to the following Garfield County Public Health conditions: a. The applicant shall comply with the Fugitive Dust requirements for disturbances of greater than 5 acres in Garfield County and obtain a construction permit from CDPHE APCD in accordance with Regulation 1 of the Air Pollution Control Commission. In addition, fugitive dust from haul roads and material storage and handling operations are also covered under the above noted rules. b. Access roads and disturbed areas adjacent to CR 215 shall provide adequate surface stabilization and long term maintenance to reduce fugitive dust and particulate matter. c. A dust mitigation plan shall be required as a condition of approval. d. Puckett Land Company shall adopt, implement, and enforce a no idling policy for vehicles on this site as part of their air quality protection efforts. Dated this 5 t'-day of CJ.rt , A.D. 20_JQ_. ATTEST: GARFIELD COUNTY COMMISSIONERS, BOARD OF GARFIELD COUNTY ORADO 5 1111 Wl11.i. ~1~1 ,l~J~MI~ ~~ ,~! W II'!', ~1 triwi\ 1*1~~1 111111 Receptiontt: 784391 04/07/2010 04:23:02 PM Jean Alberico 6 of 11 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: 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 WI1NESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 6 1111 ~1111.i.~i~,l~JAM~l!li'1Lllllf.~~~l.N-'ll NM I~~ ~II~ 11111 Reception~: 784391 04/07/2010 04:23:02 PM Jean Rlberico 7 of 11 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 3 STORMWATER MANAGEMENT CONTROLS 3. a SWMP Administrator The SWMP Administrator for the Petroleum Development Corporation Lay Down Yard is: Eric R. Stearns P.O. Box 26 120 Genesis Blvd. Bridgeport, WV 26330 Phone: 304/842-6256 3.b Identification of Potential Pollutant Sources 1) all disturbed and stored soiis wiU be evaluated for erosion potential and potential to contribute to stormwater pollution and BMPs to prevent such occurrence will be implemented on a case by case basis. 2) vehicle tracking of sediments will be evaluated for erosion and pollution potential. BMPs will be chosen according to the potentials on a case by case basis. 3) management of contaminated soils will be done by containment immediately and managing them at an appropriate facility. 4) loading and unloading operations will be evaluated and identified for potential for pollution. The following is the procedure for dealing with liquid loading and unloading procedures; 5) outdoor storage activities will be evaluated for potential to pollute Stormwater runoff. Appropriate BMPs will be implemented on a case by case basis. Containment and prevention of contact with stormwater will be achieved by keeping materials with potential for pollution covered or enclosed in containers or packaging. 6) vehicle and equipment maintenance and fueling procedures require the operators to ensure that no fluids or materials are spilled. If they are spilled, they will be immediately contained and disposed of at an appropriate disposal facility. 7) significant dust or particulate generating processes will be evaluated and regulated by the application of water to eliminate possible wind erosion or transport. 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, & oils will be very infrequent. When applying pesticides or herbicides, wind and moisture conditions will be evaluated and if either are found to be present and could possibly lead to contamination, such procedures will be delayed and attempted again when conditions are conducive to application without elevated pollution possibilities. 9) on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.) will be enacted on all sites. Trash receptacles will be located on all active sites. Good housekeeping principles will be enacted throughout the entire permitted area. Disposal will be by contractors with appropriate handling equipment. 10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment will be infrequent within the permitted area. These procedures are covered under the permit. If washing of concrete trucks and equipment takes place, the water will be contained in an earthen basin. The location will be noted on site specific maps. 11) dedicated asphalt and concrete batch plants will not be present within the permitted area. 12) non-industrial waste sources such as worker trash and portable toilets will be contained in receptacles designed for the specific purpose. These will be disposed of by contractors with specially designed equipment and dispose of according to !ocal requirements at appropriate facilities. 13) other areas or procedures where potential spills can occur will be evaluated on a case by case basis and BMP's will be implemented according to the specific potential for pollution. 3.c BMPs for Stormwater Pollution Prevention 3.c.1 Structural Practices The description and application practices of structural practices available and/or implemented can be found in the BMP manual. The location of structural BMPs will be found in the site specific maps. 3.c.2 Non-Structural Practices The description and application practices of non-structural BMPs available and/or implemented will be found in the BMP manual. The location of non-structural practices will be found in the site specific maps. 1111~,·.~1~,i~J~M'i.~1 ... ,1.uu,1..:i1,~~~l\ljl111i11.~"~ 11111 Reception~: 784391 04107/2010 04:23:02 PM Jean Rlberico 8 of 11 Rec Fee:$0.00 Doc Fee:IZJ.00 GRRFIELD COUNTY CO 3.c.3 Phased BMP installation Preconstruction BMPs will include a down gradient perimeter BMP (wattle), with a slash pile inside. A diversion trench will be inside the slash pile, creating diversion to direct runoff to the designated point for control. BMPs for the actual construction phase will consist of grading and stabilization through surface roughening. The pad surface will be an improved unpaved surface to reduce tracking and sediment migration. Sediment traps will be located on the three down gradient corners to treat runoff water prior to leaving the site. A culvert will be placed at the access point to the pad. A run-on diversion trench will be located on the up- gradient side of the pad to reduce the amount of runoff from the site. Where appropriate, check dams will be placed in diversion trenches to reduce velocity and sediment migration. If necessary, armored rundowns wiii be utilized to transport runoff from the top of slopes to the base of slopes. A pad perimeter BMP consisting of a berm will be implemented at the top of fill slopes. Interim reclamation BMPs will consist of any of the following, seeding and straw crimping, hydromulching, drill seeding, seeding with blanketing. These will be determined by the actual slopes present once the construction has been completed. Final reclamation BMPs will consist of recontouring the site to as close to original slopes. Seeding and revegetation to a 70% distribution of original density will take place, prior to being released from the CDPHE regulatory compliance. 3.c.4 Materials Handling and Spill Prevention Fuels and Materials Management Petroleum products which may be present at the construction site include: gasoline, diesel fuel, lubricant oils, hydraulic oils, used oils, and solvents. Gasoline and diesel fuel will be stored in portable storage tanks with secondary containment. Lubricant, hydraulic, and miscellaneous oils and solvents will be stored in 55- gallon or smaller containers. Pollutants from petroleum products used during construction activities adhere easily to soil particles and other surfaces. In case of a spill or leak, soils contaminated with petroleum products will be contained and removed to a proper disposal site. Proposed soil erosion and sediment control practices will aid in retention of spills or leaks. Use of secondary containment and drip pans will reduce the likelihood of spills or leaks contacting the ground. Proposed maintenance and safe storage practices will reduce the chance of petroleum products contaminating the road site. Oily wastes such as crankcase oil, cans, rags, and paper containing oils will be placed in proper receptacles and disposed of or recycled. An additional source of petroleum contamination is leaks from equipment and vehicles. Routine daily inspections will be conducted to identify leaks and initiate corrective actions, if needed. The following guidelines for storing and managing petroleum products will be used: • All product containers '/,,'ill be c!earl)' Jabeled. • Drums will be kept off the ground within secondary containment and stored under cover if needed. • Fuel tanks will be stored within secondary containment. • Lids of drummed materials will be securely fastened. • Emergency spill response procedures will be available on-site. Persons trained in handling spills will be on call at all times. • Spill cleanup and containment materials (absorbent, shovels, etc.) will be easily accessible. Spills will be immediately cleaned up and contaminated materials will be properly stored on site until they can be disposed of in accordance with applicable regulations. • Storage areas and containers will be regularly monitored for leaks and repaired or replaced as necessary. Contractors and subcontractors should be reminded about proper storage, handling and transferring of petroleum products or other hazardous materials during safety meetings. PDC's Health and Environmental Regulatory Advisor (HES) will coordinate agencies reporting and statements. Spills or releases of any size that impact or threaten to impact any waters of the state, residence or occupied structure, livestock or public byway, shall be verbally reported to the CDPHE. If the spill may reach waters of the state (which includes surface water, ground water and dry gullies or storm sewers leading to surface water), it must also be reported immediately to the Colorado Department of Public Health and Environment (CDPHE) at 1-877-518-5608. Spills or releases of more than 25 gallons of refined petroleum crude oil products such as gasoline, diesel fuel, oil, or derivatives of mineral, animal or vegetable oil shall be reported to the state of Colorado Division of Oil and Public Safety at (303) 318-8547 within 24 hours. A hazardous substance release in any amount which enters or threatens to enter waters of the state shall be reported to Colorado Department of Public Health & Environment (CDPHE). All spills, leaks, or overflows that result in the discharge of pollutants will be documented. Other Chemicals Products Management Additional materials will be used and stored on site for use in construction. These materials will be stored appropriately and managed to minimize spills and leaks. Storage areas will be regularly inspected and any minor spills or leaks will be cleaned up immediately. Materials Management The a Lay Down Yard will be maintained with good housekeeping and will be inspected on a regular basis for spills, leaks, and potential of materials commingling with stormwater runoff. 3.c.5 Dedicated Concrete or Asphalt Balch Plants There will be no dedicated Concrete or Asphalt batch plants within the permitted area. This SWMP will be amended if this changes in the future. 3.c.6 Vehicle Tracking Control Vehicle tracking control will be minimized by the construction of roads and travel areas by good engineering principles. Roads will be properly graded to control runoff and erosion. Road surfaces will be upgraded by the addition of gravel or roadbase being placed on the roadway surface. BMPs will be installed along roadways to control runoff and sediment. 3.c.7 Waste Management and Disposal including Concrete Washout Waste Management and Disposal • Other wastes may include the following: o Sagebrush, shrubs and trees from clearing operations o Trash and debris from construction materials and workers o Sanitary sewage. Each of these wastes will be managed so as to not contribute io stormw-ater pollution. Construction trash and debris will be collected in containers and hauled off-site for disposal in suitable landfills. Sanitary waste will be containerized in portable toilets or other storage tanks with waste materials regularly pumped and transported off-site for disposal at approved facilities. There will be no Concrete washout on the site. 3.c.B Groundwater and Storrnwater Dewaterlng Stormwater runoff will be separated from contamination and dewatering by diversion and grading. The two will not be allowed to come in contact with each other. This is not anticipated at this time. If in the future dewatering of any kind takes place, the SWMP will be amended to reflect the changes. Ill\ W1'11.i. tirr,,MiN~ ~Hl.lll~'!W 1 r, 1~~tt1'~''i:IW.~11 ~ 11111 Reception~: 784391 04/07/2010 04:23:02 PM Jean Rlberico 10 of 11 Rec Fee:$0 00 Doc Fee:0.00 GRRFIELD COUNTY CO protection of mule deer critical winter range in the project area. The CDOW at this time does not have timing restrictions for elk winter concentration areas; however a consultation with the CDOW is recommended for the protection sensitive wildlife habitat as defined in the COGCC rules. 7.2.2 Migratory Birds In order to comply with the Migratory Bird Treaty Act by showing a good faith effort to reduce potential impacts on nesting birds, if any brush ciearing is necessary, it should take place outside of the nesting seasons. Nesting season is generally considered between May 1 and July 31 in this area for most species. June 1 to July 15 is the peak period when most incubation and brood rearing takes place. If brush clearing can occur prior to May l, most affected birds will relocate to alternate nesting sites. After mid-to-late July, most fledging has occurred and brush clearing impacts would be minimized. Often, young birds have fledged by May 15. Because suitable Pinyon Jay habitat is not present at the project site, the pre-May 1 vegetation clearing recommendation is acceptable and adequate to avoid destruction of any potentially active migratory bird nests. 7.2.3 Raptors Activities associated with the proposed Jaydown yard may impact raptor populations that nest within the riparian habitat along Parachute Creek. In order to reduce the potential affects to nesting raptors, it will be important that the project proponent schedule construction activities such that they do not interfere with breeding, nesting and brood rearing activities. WWE's recommended raptor nest site avoidance standards for the species observed in this survey are summarized below (Table 4) (Craig 2002, Klute 2008, Kingery 1998). If the project cannot be completed prior to the next nesting season, the riparian habitat along Parachute Creek should be re-surveyed during the raptor breeding and nesting season, to search for and identify occupied raptor nests near the project. If any birds are found behaving in a manner consistent with nesting, every effort should be made to apply the timing limitation and buffer distance stipulations. Table4. Timin1 an db ft u er recommendations f or active rantor nests Snecies Buffer Zone Seasonal Restriction Red-tailed llawk 033 mile 1March-15 July Coooer's Hawk 0.25 mile 1 Anril -15 Au•m•t American Kestrel * * Golden Eagle 0.25 mile + alt. nests 1 Januarv -15 July Bald E•ale 0.50 mile 15 December -15 Julv Northern Harrier 0.25 mile 1 Anril -15 Au•m•t Long-eared Owl 0.25 mile 1 March -15 July Great Horned Owl • * • Great Homed Owls and Kestrels are relatively tolerant of human act1v1ty. Keep activity to a m1mmum dunng breed mg season. WestWater Engineering Page 13of15 October 2009 1111 W.i.tllnlr'~1N','1 Ill~ rf•~!H1Llmr!W.Jml•,'~,~11l. 11111 Reception~: 784391 IBIT ~i'~T'~~1 ~e~4 F~~:~~-~~ o~~aFe~~~~Ob0 G~RFIELD COUNTY co I __,_A_.___ PUCKETT LAND COMPANY PARCEL NUMBER 2171-291-00-005 LEGAL DESCRIPTION TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: LOT 4 (ALSO DESCRIBED AS NW/4 NW/4) SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2 SE/4), TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: S/2 NW/4 AND THAT PART OF THE NW/4 SW/4 (ALSO DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID NW/4 SW/4; THENCE SOUTH 757 FEET; THENCE EAST 15 FEET; THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH 89 DEGREES EAST 64 FEET; THENCE SOUTH 63 DEGREES EAST 196 FEET; THENCE NORTH 42 DEGREES EAST 261 FEET; THENCE SOUTH 81 DEGREES EAST 97 FEET; THENCE SOUTH 35 DEGREES EAST 116 FEET; THENCE SOUTH 10 DEGREES WEST 63 FEET; THENCE SOUTH 46 DEGREES WEST 90 FEET; THENCE SOUTH 11 DEGREES EAST 214 FEET; THENCE SOUTH 42 DEGREES EAST 270 FEET; THENCE EAST 450 FEET TO THE SOUTHEAST CORNER OF SAID NW/4 SW/4; THENCE NORTH 1320 FEET; THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE NE/4 SW/4 EXCEPT THAT PART OF SAID NE/4 SW/4 DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4 SW/4; THENCE NORTH 214 FEET; THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING. BEATTIE, CHADWICK & HOUPT, LLP STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIES. HANSON Glenn Hartmann ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81601 July 29, 2014 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 TELEPHONE: 970-945-8659 FAX: 970-945-8671 JHANSON@BCH-LA W.COM Re: Supplement to May 7, 2014 letter in response to Completeness Review Lindauer Yard I Puckett Land Co. ("Applicant") Minor Subdivision (File MISA-7830) Dear Glenn: This letter serves as a supplement, per our conversation on July 11, 2014, and transmits additional copies of the above referenced application. You requested that I provide a request for a waiver of submittal requirements for a water supply plan. Applicant hereby requests a waiver of the submittal requirements of a Water Supply Plan. Section 4-202 of the Land Use Code states that a waiver may be approved ifthe Applicant demonstrates the following criteria have been met by a proposed alternative: 1. The Applicant shows good cause for the requested waiver; 2. The project size, complexity, anticipated impacts, or other factors support a waiver; 3. The waiver does not compromise a proper and complete review; and 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. The remainder portion of the property is currently used for a residential house, barns and an out building associated with farming and grazing. All buildings were constructed in compliance with a building permit and received a certificate of occupancy therefore proving adequate water. The remainder portion of the property is served by a well which is depicted on the draft Subdivision Plat. There are no current plans to change those uses except for possible additional agricultural uses. The remainder portion also houses a couple of drill pads utilized by WPX. No additional demand for water is needed on the remainder parcel as a result of the proposed subdivision. As stated above, there is no need for a Water Supply Plan submittal because the remainder parcel is currently adequately served and there is no proposal to increase the project size, make the project more complex or increase any impacts to the Property. The information that would be provided in a Water Supply Plan does not compromise a proper and complete review and is not material to the application because the property is currently adequately served and there are no proposed changes in use due to this subdivision. Please let me know if you have any questions or need any further information . Very truly yours, Julie S. Hanson enclosures 2