HomeMy WebLinkAbout2.0 BOCC Staff Report 03.02.2009OXY WTP LP (Oper,rtor: Marathon Oil Company) - Comm. Facility - Exhibits (312109)
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A Proof of MailReceiplq
B Proof of PubIication
C Garfield County Zontng Regulations of 1978, as amended
D Staff Memorandum
E A lication
F Memo from iiteve Anthony of the Garfield County Vegetation Management, dated
February 12.2009
G Memo from.lake Mall of the Garfield County lRoad and Bridge Department, dated
January 29.2.009
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o
o
o
Exhibit
Letter
$,ta Z\
Exhibit
,l fua,
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT/PROPERTY' OWN ER:
LOGATION:
PARCEL INFORMATION:
AGCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC 3t2t09
DP
Special Use Permit ("SUP')
The Applicant requests a SUP for a
"Communication Facility" in the RL zone
district
Oxy USA WTP LP (Operator: Marathon Oil
Company)
Section 16, TOS, R97W,6th PM
Approximately 17.5 miles Northwest of the
Town of Parachute and West of County Road
215.
10,303.37 acre
The towerwill be accessed by private drive off
cR 215.
RL (Resource Lands)
OS (Open Space)
PRC)JECT INFORMATION AND STAFF COMMENTS
I. BACKGROUND / S;ITE INFORMATION
The Applicant is proposinly to construct one, seventy (70) foot-tall communication tower to support
oil and gas operations in ttte area. The site will be on a 10,303.37 acre parcelwhich is already used
by the Applicant for resour"ce extraction operations. The tower is proposed to be located on a 400
square foot concrete pad :rnd will have a self contained electrical supply. This facility is proposed to
be unmanned with no exterior lighting. As this application was deemed technically complete priorto
December 31 , 2008, this application has been reviewed in accordance with the Zoning Resolution of
1978, as amended.
Referral to Planning Comrnission
This application was brought to the BOCC regarding referral to the Planning Commission on
January 9, 2009. The BOOC elected not to refer this application to the Planning Commission.
Oxy USA WP LP (Operator: Morathon Oil Company)
BOCC - 3/2/09
Page 2
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Oxy USA WP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
Page 3
II. ZONING & AEIJACENT USES
The subject property is zoned Resource Lands (RL). The type of use requested falls under the
definition of "Communica::ion Facilities" which are contemplated as special uses in the RL zone
district.
The surrounding land usos are primarily oil and gas extraction operations as well as livestock
grazing.
III. AUTHORITY 6i APPLICABILITY
Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall
be approved or denied by the Board of County Commissioners after holding a public hearing
thereon in conformance with all provisions of the Zoning Resolution.
IV. REVIEW AGE]\ICY AND OTHER COMMENTS
Comments have been recr.'ived from the following agencies / community groups and are integrated
throughout this memoranclum as applicable.
Grand Valley Fire l)rotection District: No Response.
Colorado Division cf Wildlife: No Response.
Garfield County Verqetation Manaqement:
The submitted plan as it pertains to noxious weeds and reclamation is acceptable.
Staff requests that the applicant include this communication site in a weed
management program that will provide for annual monitoring and treatment of
Garfield County listed noxious weeds. Due to the small size of the disturbed
footprint (400 square feet), staff will not recommend a revegetation security.
Garfield Countv Road and Bridqe Department:
Garfield County F.oad & Bridge Department has no objections to this application
with the following r;omments. The driveway access standard for this application will
be exempt as G arden Gulch is a permitted driveway access and meets our
driveway access ritandard. All vehicles hauling equipment and materials for this
project shall abid= by Garfield County's oversize/ovenrueight permit system. All
vehicles requiring oversize/overweight permits shall apply for them at Garfield
County Road & Bridge Department. A letter or e-mail from Marathon Oil Company
or OXY USA shall be on file with Garfield County Road & Bridge Department stating
that these vehicle's can apply for oversize/ovenrveight permits under Marathon Oil
Company or OXY USA's road bond on file with Garfield County Road & Bridge
Department.
Garfield Countv Enqineer: No Response.
Garfield Countv Oil and Gas Liaison: No Response.
4.
1.
2.
J.
5.
6.
Oxy USA WP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
Page 4
V. REVIEW CRI-I'ERIA FOR SPECIAL USE PERMTTS (SECTION s:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform
to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the
following standards:
1. Utilities adequate to provide water and sanitation sentice based on accepted
engineering standards and approved by the Board of County Commissioners shatt either be
in place or shall be con:;tructed in conjunction with the proposed use.
Response
The proposed Communiciltion Tower is considered to be an unmanned facilities. As an unmanned
operation, the facilities rerluire no water or sanitation services.
2. Sfreef improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use.
Response
The application states thert trips to and from the communication tower will be limited to periodic
maintenance and repair. l\s there will not be frequent visits to these facilities, staff feels that the
proposed access roads wi I be adequate to handle the vehicle trips. ln addition, all access roads will
be on private property anc no new access points will be necessary from any county right-of-way.
3. Design of the prcposed use is organized to minimize impact on and from adjacent
uses of land through insiallation of screen fences or landscape materials on the periphery of
the lot and by location ol intensively utilized areas, access points, lighting and signs in such
a manner as to protect established neighborhood character.
Response
The Applicant states that the tower will not be visible from any public vantage point and will not
impact adjacent propertier;. Due to the remote location of the tower, staff does not feel that the
visibility of this tower will bt: a significant impact and does not foresee any further impacts on either
the public or adjacent proprerty owners.
S ecti o n 5.03. 1 3 [ B ro a,.dc asti n o Stu d i o a n ilo r Co m m u n i c ati o n F ac i I itvl
Pursuant to Section 5.03. 1 3 of the Zoning Resolution, a permit for Communication Facilities requires
that such facilities be approved by the Federal Communication Commission and the Federal
Aviation Administration, wltere appropriate. In addition the following standards will be used in the
review of application for a communication facility:
(1) All facilities sha// comply with the radio frequency emission requirements of the
Federal Communication Commission and any facility in compliance cannot be denied.
Response
Oxy USA WP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
Page 5
The applicant has demonr;trated that the facility is outside the purview of the FAA and FCC.
(2) The co-location ctf telecommunication facilities on one sffe rs encouraged and the
denial of a landownerlle:;sor of the co-location of a site shall be based on technical reasons,
not on competitive inleresfs. lt is the County's policy to minimize the number of
communication facilities; by the encouragement of co-locating such facilities.
Response
The Applicant states that " Ihe proposed facility is part of an area wide communication plan. Due to
Marathon's need for a facility at this specific location and lack of an existing tower at said location,
co-location is not possible. Marathon will allow future co-location at this site if possible. The request
for co-location on the proposed communication facility will not be denied on competitive interest."
Given the remoteness of tltis parcel, staff does not see that co-location is an option in this location.
However, staff recommentls placing a condition of approval that this tower shall be available for co-
location of other equipmerrt should it be technically feasible in the future.
(3) A freestanding te,lecommunication facility, including antennas, shatt not exceed the
maximum structure height in the applicable zone district unless an exception is approved by
the Board based on the applicant demonstrating the following:
(a) Use of existing, land forms, vegetation and structures to aid in screening the facility
from view or blending in with the surrounding built natural environment.
(b) Design, mater'ials and colors of antennas and their support structures, shall be
compatibl<t with the surrounding environment, and monopole support
structures shall taper from the base fo the tip.
(c) lt is consrsfentl with existing communication facilities on the same sife.
Response
The tower is proposed to be 70 feet high. There is no structural height limit in the Resource Lands
Zone District.
Section 9.03.05 fPer,i.odic Review of SUPI
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every six (6)
months if required by tho County Commissioners. The purpose of such review shall be to
determine compliance or noncompliance with any pertormance requirements assocra ted with
the granting of the Speciil/ Use Permit. The County Commissioners shall indicatethatsuch a
review is required and shall establish the time periods at the time of issuance of a Special
Use Permit. Such review shall be conducted in such manner and by such persons as fhe
County Commissioners deem appropriate to make the review effective and meaningful.
Upon the completion of each review, the Commissioners may determine that the permit
operations are in complience and continue the permit, or determine the operations are not in
ll
ilt.
Oxy USA WTP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
Page 6
compliance and eitherstrspend the permit or require the permittee to bring the operation into
compliance by a cedairr specified date. Such periodic review shall be limited to those
pertormance requirements and conditions imposed at the time of the original issuance of the
Specral Use Permit.
VI. RECOMMENDED FINDINGS
l. Proper posting and pu clic notice was provided as required for the meeting before the Board of
County Commissioners.
The meeting before th,: Board of County Commissioners was extensive and complete, that all
pertinent facts, mattersi and issues were submitted and that all interested parties were heard at
that meeting.
The above stated and rther reasons, the proposed special use permit has been determined to
be in the best interest cf the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
lV. The application has metthe requirements of Special Use (Sections 5:03,5:03.13, and 9:03)
within the Garfield Cou nty Zoning Resolution of 1978, as amended.
VII. STAFF RECOII'IMENDATION
Due to the limited nature of potential impacts to surrounding properties, Staff recommends the
Board approve the reque,st for a Special Use Permit for one Communication Facility with the
following conditions:
1. That all represenl,ations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless e.<plicitly altered by the Board.
2. That the operatiorr of the facility be done in accordance with all applicable federal, state,
and local regulaticns governing the operation of this type of facility.
3. That the Applicant shall comply with the fire protection provisions included in the rules and
regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the
lnternational Fire ()ode as the Code pertains to the operation of this facility.
4. Emission of heat, g;lare, radiation and fumes: every use shall be so operated that it does not
emit heat, glare, r;adiation or fumes which substantially interfere with the existing use of
adjoining property or which constitutes a public nuisance or hazard. Flaring of gases,
aircraft warning siglnals, reflective painting of storage tanks, or other such operations which
may be required b'/ law as safety or air pollution control measures shall be exempted from
this provision.
5. That all proper building permits are obtained for the structures associated with the
operation of the Cr)mmunication Facilities, if any.
6. The communicati
landowner/lessor
competitive in
VIII. RECOMMEN D MOTION
WP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
facilities must be Iable for future co-location and the denial of a
shall be based on technical reasons, not on
oxy
"l move to approve a S
Oxy USA WTP LP and
Use Permit for
by Marathon
(1) communication facility on property owned by
Company with the conditions provided by Staff."
7
To: David Pesnichali
From: Steve Anthony
Re: SUP17208
Date: Februa
The submitted plan as it to noxious weeds reclamation is acceptable. Staff requests that the
applicant include this ication site in a weed program that will provide for annual
monitoring and treatment Garfield Countv listed weeds. Due to the small size of the disturbed
footprint (400 square feet),will not a revegetation security.
EXHIBITrI
MEMORANDUM
GARFIELD COTINTY
Building & Planning Department
Review Agency Form
Date Sent: January 29,2009
Comments Due: February 19r 2009
Name of application: Marathon Oil Co. Communications Facility Tower No. 3
Sent to:
Garfield County requersts your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your :esponse, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Builc.ing & Planning
Staffs contact: David llesnichak
109 8th Street, Suite 3t)1
Glenwood Springs, CO 81601
Fax: 970-3 84-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objections to
this application with the following comments.
The driveway access standard for this application will be exempt as Garden Gulch is a
permitted driveway access and meets our driveway access standard.
All vehicles hauling erluipment and materials for this project shall abide by Garfield
County's oversize/overweight permit system. All vehicles requiring oversize/overweight
permits shall apply fol them at Garfield County Road & Bridge Department. A letter or e-
mail from Marathon Ctil Company or OXY USA shall be on file with Garfield County
Road & Bridge Depar:ment stating that these vehicles can apply for oversize/overweight
permits under Marathon Oil Company or OXY USA's road bond on file with Garfield
County Road & Bridg: Department.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date February 2" 2009
EXHIBIT
fn3\'
Revised 3/30100
\
al
BAILDING & PLANNING DEPARTMENT
February 2,2009
Marathon Oil Company
c/o Robert Coleman
743 Horizon Drive, Suite 220
Grand Junction, CO 81506
Re.' SUP 17208 - Oxy I,ISA WTP LP application for one (1) communication facility
operated by llarathon Oil Company and located in Section 76, Township 6 South,
Range 97 West of the lf P.M.
Dear Mr. Coleman,
As you are aware, on Mrlnday, March 2,2009, the Board of County Commissioners
approved a Special Use Permit for a "Communication Facility" located approximately 17.5
miles northwest of the Town of Parachute with access onto CR 215.
The Special Use Permit was approved with the following conditions:
1. That all representations of the Applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of ap6rroval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable federal,
state, and local regulations governing the operation of this type of facility.
3. That the Applicant shall comply with the fire protection provisions included in the
rules and regulirtions of the Colorado Oil and Gas Conservation Commission
(COGCC) and the lnternational Fire Code as the Code pertains to the operation of
this facility.
4. Emission of heal:, glare, radiation and fumes: every use shall be so operated that it
does not emit ht>at, glare, radiation or fumes which substantially interfere with the
existing use of adjoining property or which constitutes a public nuisance or hazard.
Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or
other such operations which may be required by law as safety or air pollution
control measureri shall be exempted from this provision.
5. That all proper building permits are obtained for the structures associated with the
operation of the ,3ommunication Facilities, if any.
I
108 Eighth Street, Suile 401 , Glenwood Springs, CO 81601
(970) 945-8212. (970) 285-7972. Fax: (970) 384-3470
Garfield County
6. The communicaticn facilities must be available for future co-location and the denial
of a landowner/lerssor ep-location on a site shall be based on technical reasons,
not on comPetitivl interests.
Staff will prepare a Special Use Permit and resolution to be signed by the Chairman of
the Board of County Commissioners which will be recorded and sent to you for your
records. Do not hesitate to contact this office should you have any questions.
Sincerely,
David Pesnichak,
Senior Planner -
(970) 945-8212
OXY WTP LP (Operator: Marathon Oil Company) - Comm. Facility - Exhibits (312109)
A Proof of Mai
B ProofofPubl
Gr.fr"td C"*
St""ff M.-""
C
D
E ication
F Memo from I
February 12,
G Memo from J
February 2,2
MemorrLndum
Recei
ication
Zontn
Slteve Anthony of the
2009
c09
G arfield County Vegetation Management, dated
ake Mall of the Garf,reld County Road and Bridge Department, dated
o
o
o
Exhibit
Letter
(A,to Z\
Exhibit
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT/PROPERTY OWNEF[:
LOCATION:
PARCEL INFORMATIOItI:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC 312109
DP
Special Use Permit ('SUP")
The Applicant requests a SUP for a
"Communication Facility" in the RL zone
district
Oxy USA WTP LP (Operator: Marathon Oil
Company)
Section 16, T65, R97W,6th PM
Approximately 17.5 miles Northwest of the
Town of Parachute and West of County Road
215.
10,303.37 acre
The tower will be accessed by private drive off
cR 215.
RL (Resource Lands)
OS (Open Space)
PRCUECT INFORMATION AND STAFF COMMENTS
I. BACKGROUND / IJITE INFORMATION
The Applicant is proposirg to construct one, seventy (70) foot-tall communication tower to support
oil and gas operations in lhe area. The site will be on a 10,303.37 acre parcel which is already used
by the Applicant for resource extraction operations. The tower is proposed to be located on a 400
.qrrr" foot concrete pad and will have a self contained electrical supply. This facility is proposed to
be unmanned with no ext:rior lighting. As this application was deemed technically complete priorto
December 31 , 2OOB, this application has been reviewed in accordance with the Zoning Resolution of
1978, as amended.
Referral to Planning Contmission
@lughttotheBoCCregardingreferraltothePlanningCommissionon
January g, 2OOg. The BCrCC elected not to refer this application to the Planning Commission.
Oxy USA WP LP (Operator: Marathon Oil Company)
BOCC - s/2/09
Page 2
oo.5 1 23<Miles
1 inch equals 1.2 mibs
T*rLootion inotb sal., P.dr
a') k{,d.3 ii 216ar.ocE6
a o.dsh.ct [tu-.m
-
End{ &r{. Frdr
Oxy USA WTP LP (Operator; Marathon Oil Contpany)
BOCC - 3/2/09
4.
1.
2.
3.
5.
6.
Page j
II. ZONING & ACUACENT USES
The subject property is zr)ned Resource Lands (RL). The type of use requested falls under the
definition of "Communication Facilities" which are contemplated as special uses in the RL zone
district.
The surrounding land uses are primarily oil and gas extraction operations as well as livestock
grazing.
I!I. AUTHORITY.iAPPLICABILITY
pursuant to Section g.03.14 of the Zoning Resolution, an application for a Special Use Permit shall
be approved or denied try the Board of County Commissioners after holding a public hearing
thereon in conformance vvith all provisions of the Zoning Resolution.
IV. REVIEW AGEINCY AND OTHER COMMENTS
Comments have been rec;eived from the following agencies / community groups and are integrated
throughout this memorandum as applicable.
Grand Vallev Fire Protection District: No Response.
Colorado Division of Wildlife: No Response.
Garfield Countv Veqetation Manaqement:
The submitted plan as it pertains to noxious weeds and reclamation is acceptable.
Staff requests that the applicant include this communication site in a weed
management prrtgram that will provide for annual monitoring and treatment of
Garfield County listed noxious weeds. Due to the small size of the disturbed
footprint (400 sq uare feet), staff will not recommend a revegetation security.
Garfield Countv Fload and Bridqe Department:
Garfield County Road & Bridge Department has no objections to this application
with the followingl comments. The driveway access standard for this application will
be exempt as (iarden Gulch is a permitted driveway access and meets our
driveway access standard. All vehicles hauling equipment and materials for this
project shall abide by Garfield County's oversize/overweight permit system. All
,ehicles requirirg oversize/ovenrueight permits shall apply for them at Garfield
County Road & t3ridge Department. A letter or e-mailfrom Marathon Oil Company
or OXY USA shall be on file with Garfield County Road & Bridge Department stating
that these vehicles can apply for oversize/overweight permits under Marathon Oil
Company or OXY USA's road bond on file with Garfield County Road & Bridge
Department.
Garfield Countv E:nqineer. No Response.
Garfield County Oil and Gas Liaison: No Response.
Oxy USA WP LP (Operator; Marathon Oil Company)
BOCC - 3/2/09
Page 4
v. REVIEW CRI]'ERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform
to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the
following standards:
1. IJtilities adequaile to provide water and sanitation service based on accepted
engineering standaids and approved by the Board of County Commissioners shall either be
in ptace or shall be constructed in coniunction with the proposed use'
Response
The proposed Communication Tower is considered to be an unmanned facilities. As an unmanned
operation, the facilities require no water or sanitation services.
2. Sfreef improventents adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either he in place or
shalt be constructed in coniunction with the proposed use'
Response
The application states that trips to and from the communication tower will be limited to periodic
maintenance and repair. As there will not be frequent visits to these facilities, staff feels that the
proposed access roads lt ill be adequate to handle the vehicle trips. ln addition, all access roads will
b" on private property and no new access points will be necessary from any county right-of-way.
3. Design of the proposed use rs organized to minimize impact on and from adiacent
uses of land throughin:;ialtation of screen fences or landscape materials on the periphery of
the tot and by tocaiio, c,f intensively utitized areas, access points, lighting and signs in such
a manner as to protect established neighborhood character.
Response
The Applicant states that the tower will not be visible from any public vantage point and will not
impaci adjacent propertirls. Due to the remote location of the tower, staff does not feel that the
visibility of tf ir towerwill l>e a significant impact and does not foresee any further impacts on either
the public or adjacent property owners.
pursuant to Section 5.03. 1 3 of the Zoning Resolution, a permit for Communication Facilities requires
that such facilities be a rproved by the Federal Communication Commission and the Federal
Aviation Administration, rvhere appropriate. ln addition the following standards will be used in the
review of application for;r communication facility:
(1) All facitities sher/I compty with the radio frequency emission requirements of the
'Federat Communication Commission and any facility in compliance cannot be denied.
Response
Oxy USA WP LP (Operator; Marathon Oil Contpany)
BOCC - 3/2/09
The applicant has demon strated that the facility is outside the purview of the FAA and FCC'
(2) The co-location of telecommunication facitities on one sife is encouraged and the
denial of a landowner/le:;sor of the co-location of a site shall be based on technical reasons,
not on competitive rnferesfs. tt is the County's policy to minimize the number of
communication facilitie:; by the encouragement of co'locating such facilities.
Response
The Applicant states that'The proposed facility is part of an area wide communication plan. Due to
Marathon's need for a facility at this specific location and lack of an existing tower at said location,
co-location is not possible. Marathon will allow future co-location at this site if possible. The request
for co-location on the procosed communication facility will not be denied on competitive interest."
Given the remoteness of this parcel, staff does not see that co-location is an option in this location.
However, staff recommerds placing a condition of approval that this tower shall be available for co-
location of other equipment should it be technically feasible in the future.
(3) A freestanding telecommunication facility, including antennas, shall not exceed the
maximum structure ieil1ht in the appticabte zone districf unless an exception is approved hy
the Board based on the appticant demonstrating the following:
(a) IJse of existing land forms, vegetation and structures to aid in screening the facility
from vieul or blending in with the surrounding built natural environment.
(b) Design, materials and colors of antennas and their support structures, shall he
compatible with the surrounding environment, and monopole support
structure.s shall taper from the base fo the tip'
(c) lt is consrsferrf with existing communication facilities on the same sife'
Response
The tower is proposed to be 70 feet high. There is no structural height limit in the Resource Lands
Zone District.
Section 9.03.05 tPetriodic Review of SUPI
Pursuant to section 9.03 05 of the Zoning Resolution:
Any Special lJse permits may be made subiectto a periodic review nof /ess than every six (6)
montis if required by the County Commissioners. The purpose of such review shall be to
determine comptianie ctr noncompliance with any pertormance requiremenfs associated with
the granting oi tne Sper;ral tJse permit. The County Commissioners shall indicate that such a
,"ri-"* is required Jnd shail estabtish the time periods at the time of rssuance of a Special
lJse permif. Such review shail be conducted in such manner and by such persons as fhe
County Commissioners deem appropriate to make the review effective and meaningful.
lJpon'the comptetion of each review, the Commissioners may determine that the permit
operations are in compliance and continue the permit, or determine the operations are not in
t.
Oxy USA WP LP (Operator; Marathon Oil Company)
BOCC - 3/2/09
Page 6
compliance and either suspend the permit or require the permittee to bring the operation into
comiptiance by a cerlain specified date. Such periodic review shall be limited to those
pert'ormance iequireme,tts and conditions imposed atthetime of the original issuance of the
Specra/ Use Permit.
VI. RECOMMENT)ED FINDINGS
proper posting and public notice was provided as required for the meeting before the Board of
County Commissione's.
The meeting before tlre Board of County Commissioners was extensive and complete, that all
pertinent faits, matters and issues were submitted and that all interested parties were heard at
that meeting.
The above stated and other reasons, the proposed special use permit has been determined to
be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfiehl CountY.
, The application has rnetthe requirements of Special Use (Sections 5:03,5.03:13, and 9:03)
within the Garfield county Zoning Resolution of 1978, as amended.
VII. STAFF RECCIMMENDAT!ON
Due to the limited naturer of potential impacts to surrounding properties, Staff recommends the
Board approve the requ,:st for a Special Use Permit for one Communication Facility with the
following conditions:
l. That all represertations of the Applicant, either within the application or stated at the
hearing beiore tre Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable federal, state,
and local regulations governing the operation of this type of facility.
3. That the Applicarrt shall comply with the fire protection provisions included in the rules and
regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the
ln[ernational Firer Code as the Code pertains to the operation of this facility.
4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not
emit heat, glare, rldiation or fumes which substantially interfere with the existing use of
adjoining property or which constitutes a public nuisance or hazard. Flaring of gases,
aircraft warning s;ignals, reflective painting of storage tanks, or other such operations which
may be required by law as safety or air pollution control measures shall be exempted from
this provision.
5. That all proper building permits are obtained for the structures associated with the
operation of the Communication Facilities, if any'
ll.
ilt
lv.
6. The commun
landowner/lessot'
competitive inte
VIII. RECOMMEN
"l move to approve a
Oxy USA WTP LP and
WTP LP (Operator: Marathon Oil Company)
BOCC - 3/2/09
lable for future co-location and the denial of a
shall be based on technical reasons, not on
(1)communication facility on property owned by
Company with the conditions provided by Staff."
facilities must be
I Use Permit for o
by Marathon
David Pesnichak
From: Steve Anthony
SUPI7208 Mara
Date: Februa
The submitted plan as it ins to noxious weeds reclamation is acceptable. Staff requests that the
applicant include this unication site in a management program that will provide for amual
Garfield Counfy listed ious weeds. Due to the small size of the distrubedmonitoring and ffeatment
footprint (400 square feel staff will not a revegetation security.
EXHIBITr(
MEMORANDUM
GARFIELD COUNTY
Building & Planning DePartment
Review Agency Form
EXHIBIT
i.nEk)
Date Sent: January 29,2009
Comments Due: February 19,2009
Name of application: Marathon Oil Co. Communications Facility Tower No. 3Y:_ ---
Garfield County requLests your comment in review of this project. Please notiS the
Planning Departmenr: in the event you are unable to respond by the deadline. This form
may be used for youl response, or you may attach your owrl additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Buiiding & Planning
Staffs contact: David Pesnichak
109 8th Street, Suite .]01
Glenwood Springs, (lO 81601
Fax: 970-3 84-3470
Phone: 970-945-821'2
General Comments; Garfield County Road & Bridge Department has no objections to
this application with the following comments.
The driveway access standard for this application will be exempt as Garden Gulch is a-
permitted driveway itccess and meets our driveway access standard.
All vehicles hauling equipment and materials for this project shall abide by Garfield
All
permits shall apply frr them at Garfield Count), Road & Bridge Department. A letter or e-
SAs le with
Road & Bridge Deprutment stating that these vehicles can applv for oversize/overweight
permits undei tr,tarathon Oil Companv or OXY USA's road bond on file with Garfield-
County Road & Bric.ge Department.
Name of review age:rcy: Garfield Countv Road and Bridge Dept
By: Jake B. Mall Date February 2. 2009
Revised 3130/00
1.Please submit, in narr:rtive form, the nature and character of the Special Use requested.
Submit plans and suppr>rting information (i.e letters from responsible agencies). Application
use including, but not limited to, the hours of
accessing the site on a daily, weekly and/or
pg. 2 lnclude specifications for the
operation, the number and type of vehi
monthly basis, and the s;ize and location of existing and/or proposed structures that will be
used in conjunction witlr the proposed use,provisions for electric power service and any
pg. 3 Be specific.other proposed utility imlcrovements.
2. lf you will be using watr;r or will be treating in conjunction with the proposed use,
4. Submit a vicinity map showing slope /ry of your property, for which a U.S.G.S.
section - first , third and fourth maps1:24,000 scale quadranglle map will suffice. F
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the
subject property and all public and private adjacent to your property (which should
be delineated). ln addition, submit a list of all property owners, private and public, and their
addresses adjacent to crr within 2m ft. of the site. This information can be obtained from the
County Assessor's Office. You will also the names (if applicable) of all mineral interest
6.
7.
owners of the subject property, identified in the County Clerk and Recordeds records in
accordance with S24-6ti.5-101, et seq. (That information may be found in your title policy
under Exceptions to Title). Appendix C
Submit a copy of the derd and a legal description of the subject properg. Appendix A
lf you are acting as an agent for the property ai,ner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf. lf the property is owned by a
corporate entity (such as;an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of
Authority" demonstratinl; that the person signing the application has the authority to act in that
capacity for the entity. Alrpendix B
please detail the amount of water that would be used and the type of raastewater treatment. lf
you will be utilizing weli water, please aftach a copy of the appropriate well permit and any
other legalwater supply information, including a water allotment @ntract or an approved water
augmentation plan to demonstrate that you have legal and adequate water for the proposed
use. Application pg. 4
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject propefi, all
existing and proposed sl:ructures on the property, and the County or State roadways within one
(1) mile of your property. lf you are proposing a new or expanded access onto a County or
State roadway, submit ia driveway or highway access permit. Last detailed figure in Figures
section
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8. Submit a statement thal specifically responds to each of the following criteria from Section 5.03
of the Zoning Regulatiorrs:
(1) Utilities s{s,;uat€ to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall either
be in place or shall tre constructed in conjunction with the proposed use. N/A
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and k> provide safe, @nvenient access to the use shall either be in place or
shall be constructed in conjunction with the proposed use; N/A
(3) Design of the proposed use is organized to minimize impact on and from adjacent
uses of land through installation of screen fences or landscape materials on the periphery
of the lot and by lo<;ation of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character; Application pg. 5 lmpact
Mitigation
9. Depending on the typ: of Special Use Permit requested, you may need to respond to
additional review starrdards in the Garfield County Zoning Resolution Section 5.00
[Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 &
5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific
sections of the Zoning Resolution which can be located on the Garfield County web site at
obtained from this office - Application pg. 5 & 6 lmpact Mitigation/Site Reclamation cited in
5.03.13
10.A $525.00 Base Fee: Applicant shall sign the "Agreementfor Payment" form and provide the
fee with the application. Check copy in folder
11. Submit 3 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the Special
Use Permit application has been deemed technically complete.
-+l-?^aae fu Focc-lzo)
PRC)JECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT/PROPERTY' OWN ER:
LOCATION:
PARCEL INFORMATION:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC - 1l12l09
DP
Referral of Special Use Permit ('SUP')
The Applicant requests a SUP for a
"Communication Facility" in the RL zone
district
Oxy USA WTP LP
Section 16, T6S, R97W,6th PM
Approximately 17.5 miles Northwest of the
Town of Parachute and West of County Road
215.
10,303.37 acre
The towers will be accessed by private drive
off CR 215.
RL (Resource Lands)
OS (Open Space)
I. BACKGROUND
The applicant is proposirrg to construct a one, seventy (70) foottall communication towers to
support oil and gas operirtions in the area. The site will be on a 10,303.37 acre parcel which is
already used by the applicant for resource extraction operations. The tower is proposed to be
located on a 400 square foot concrete pad and will have a self contained electrical supply. This
facility is proposed to be unmanned with no exterior lighting.
II. REQUEST
The application is for one communication facility, which is a special use in the RL zoning district.
III. AUTHORITY
Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use Permit
applications be initially brought to the Board so that the Board may determine if a recommendation
from the Planning Commission is necessary.
lV. STAFF RECOMMI:NDATION
Staff recommends the B6ard direct Staff to schedule a public hearing directly before the Board of
County Commissioners.
Oxy LISA WTP LP, SPecial Use Permit
BOCC - 1-12-2009
Page 2
00.5 1 23@Mil6
1 rnch equals 1.2 miles
To*r Loclton (nr I b tc.h) P.d!
1:l TM,xuael ri a16s2146o4
a o'6 sn* f]] u ea, m
-
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ASSOCIATES
,l
,,', lt- 1 . : ., ,. ll '
December l8,2oo8 'tE't: I iJ ltjoL
Dave Pesnichak, Senior Planner
Garfi eld County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Subject: Response to NTC Comments, SUP 17208 - Communication Facility - Oxy USA WTP LP
(Operated by Marathon Oil Company)
Dear Mr. Pesnichak:
Cordilleran Compliance Services, Inc. (Cordilleran) was contracted by Marathon Oil Company (MOC) to
provide Environmental Engineering and Consulting Services associated with preparing a Communication Facility
Special Use Permit Application in Garfield County, Colorado. In response to each of the items identified in the
Not Technically Complete (NTC) letter from your office dated December 17th,2008 I have prepared the
following:
Garfield County Comment #1.
The Map illustrating the abtnfu,g property owners is not consistent with the address list of adjacent property
owners.
Response #1:
Attached you will find an updeLted property owner list and map identifying adjacent parcel numbers. The
address provided for each parcel was taken directly from Garfield County Assessor's Office.
Garfield County Comment #2.
The deed as provided indicates that the owner of the properQ is Oxy, USA Inc. However, the application states
thctt the owner/applicant is Oxy USA WTP LP. As such, the application is inconsistent regarding the ownership
of the subj ect property.
Response #2:
Attached is an updated Deed o[ Record, recorded on December l0'h, 2008 demonstrating that the owner of
the subject parcel is Oxy USA'rryTP LP.
Garfield County Comment #3.
As required in the past, please ttighlight the portion of the deed that pertains specifically to the location of the
tower.
82621/, Road
Grand Junction, CO 81505
TEL 970.263 7800
FAX 970.263.7456 www.oaconsulting.com
M
CORDILLERAN
ffioLssoN
A S S O C IAT E S CORDILLE AN
Response #3:
The portion of the deed pertain ing to the location of the tower is highlighted and can be found on Page 7 of
11 of the deed included as an altachment to this letter. (T65 R97W Sec 21).
Garfield County Comment #4.
Please Submit a Statement of Arrthority as required by Colorado Revised Statutes for Allen Schwartz.
Response #4:
Authorization for Allen Schwartz, ^Lttorney-in-Fact as been recorded in Garfield County Public Records.
Via a phone conversation with Deborah Quinn, she mentioned that she recalls reviewing this document in a
past application. I am in the p rocess of obtaining a copy and will provide it to your office for inclusion intaining a cop)
r have any que
sl4--r-t /\
this application.
Please do not hesitate to contact tne should you have any questions or concerns regarding this document.
Sincerely,
O Cordilleran Compliance Services, Inc.
Lorne C. Prescott
Project Scientist
Enclosure - As Stated
\
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21 3725300007
213725300007
216904100951
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2169114000't1
z',t6914100022
" Guard Shack. ... /. ".vL" .t. ..j' '
,-t . t
Tower Number 3 'frrr.
, j.!:'
*',,;i 216927200017
241101
216736e00023
o n I
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241108:r00954
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Miles
1 inch equals 1.2 miles
Tower Location (not to scale)
O Tower Number 3
t cuard Shack
-
Existing Private Roads
: county Roads
Parcels
216921400026
[-l o" Beque, co
U"" xxxx-xxxx ADJACENT PARCELS MAP
TOWER NUMBER 3
MARATHON OIL COMPANY
GARFIELD COUNTY CO
,&. -,^ f':- 82621-12RoAD6ffiffi i \*/ \oLstg^N, "#;iliif#
EXHIBIT
DRAV\A BY: LAB
OATE: 12rc4na
LIST OF ADJACENT SURFACE OWNERS
MOC/OXY Communication Facility (OXY USA WTP LP; Parcel 2169214000261
iSHELL FRONTIER OIL & GAS INC.
PO BOX 4854
iuouSroN , TX 77oro
(Parcel No. 2'16736200023)
.CHEVRON USA INC
idto bHeVRoN rExACo P[oPERiV fAx
lF o Box rss --
luousroN ,Tx 77oor
@0004---
(Parcel No. 2'1 691 4'1 00022)
PUCKETT LAND COMPANY
5460 S QUEBEC ST STE 2s0
TGREENWOOD VLG, CO 80111-1917
(Parcel No. 241 1 01 300001, 241104100002)
(Parcel No. 2 1 69041 00951, 241 108100953, 241 108200954, 2413'1 1 200951,
PICEANCE OPERATTNG CO LLC 25 PCT &+*
PO BOX 26
,BRIDGEPORT, WV 26330
(Parcel No. 21691 14OOO11)
-t
l
FRATHE& RTCHARD L, ffiE &-NED?3 nrr.
lbo Box i65 - -
tr:9e",L._99 ry-_rle-- - _ _ : _ _
OF LAND
50629 HTGHWAY 6 &24
SPGS, CO 8
SAVAGE, JOAN L.II2
inNopnSON, GEORGE M. REVOCABLE TRUST 1/2
iPo Box 1926
TRIFLE, CO 81650-1926
(Parcel No. 241 1 0820001 9, 241108200012)
#15 ENTERPRISES LLC
1218 WEBSTER STREET
HOUSTON,TXTTOO2
(Parcel No. 21 6927 2000 1 7)
iSAVAGE LIMITED PARTNERSHIP I
lattN: JoHN SAVAGE
I
i5953 COLTNTY ROAD 320
,RIFLE, CO 81650
(Parcel No. 216910100020, 241108200011, 24110820001 1 )
KOEHLER, DONNA J
PO BOX 300
DEBEQUE, CO 81630
(Parcel No. 216904400003)
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DEED
This Deed ("Deed"), dated effective as of January 1,20C1 is between OXY
USA lnc., a Delaware corporation, whose address is 5 Greenway Plaza, Suite
110, Houston, Texas 77046-0504 ("Grantor'') and OXY USA WTP LP, a
Delaware limited partnership, 5 Greenway Plaza, Suite 110, Houston, Texas
77046-0506, ("Grantee").
WHEREAS, by thal certain Assignment, Conveyance and Bill of Sale
effective as of January 1,2001, recorded in Book '1235 al Page 192 of the
records of Garfield County, Colorado ("Assignment"), Grantor intended to assign
and convey certain personal and real property to Grantee; and
WHEREAS, by this instrument, Grantor desires to clarify its intention
convey and deed the real property described in Exhibit A attached hereto
Grantee.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which were acknowledged by Grantee in the Assignment, Grantor
does hereby sell, assign, transfer, convey, deed and set over unto Grantee, and
its successors and assigns, all of Grantor's rights, title and interests in and to the
following, collectively referred to in this Deed as the "Real Property".
Allof Grantor's right, title and interest in and to the Real Property
described in Exhibit A including, but not limited to, all of Grantor's right, title and
interest in: (i) any oil, gas, and/or other minerals; (ii) any surface and subsurface
water and water rights belonging to, utilized for, or appurtenant to the Real
Property, whether adjudicated or not adjudicated; (iii) surface and subsurface
sand and gravel; (iv) rights-of-way, easements, road use agreements, ilghts of
access, surface agreements, servitudes and similar interests acquired or used in
connection with the surface and subsurface of the Real Property; (v) timber; (vi)
any contracts affecting the Real Property; (vii) any permits, authorizations, and
licenses of any nature owned, held or operated in connection with the surface
and mineral estate of the Real Propefty; and (viii)all rights and privileges
appurtenant to the Real Property, regardless of whether those rights and
privileges appurtenant to Real Property are specifically identified herein.
It is the intent of the Grantor to sell, assign, transfer and convey, and
Grantee to accept and acquire, all of the Grantor's right, title and interest in the
Real Proper$.
TO HAVE AND TO HOLD the Real Property, with all its appurtenances,
unto Grantee, its successors and assigns, forever, subject to the following terms,
covenants and conditions:
1. No WarranV. This conveyance is made by Grantor and accepted
by Grantee without any warranty whatsoever and without warranty of title, either
oxpress or implied. This conveyance is made with full substitution and
to
to
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or given by others.
2. Successolg-and Assiqns. The terms and conditions of this Deed
shall extend to and be binding upon the successors of, or assigns of the
respective parties hereto, and shall be covenants that run with the land.
3. Further Assurances. Grantor and Grantee agree to execute and
deliver from time to time such further instruments and do such other acts as may
be reasonably necessary to effectuate the intents and purposes of this Deed.
4. Goveming Law. This Deed is governed by and must be construed
in accordance with the laws of the State of Colorado excluding any conflicts-of-
law rule or principle that might apply the law of another jurisdiction.
lN WITNESS WHEREOF, Grantor has executed this Deed on the date of
the acknowledgment contained herein, but effective as of January 1 ,2001.
OXY USA lnc.
ur", /)1, V,n i,TqM,
Name: /tlan JchwaYtt v
Title:
STATE OF TEXAS
COUNTY OFHARRIS
The foregoing Deed was executed before me on this{{ day of
December, 2008, by Alan Schwartz, Attorney-in-Fact of OXY USA lnc., a
Delaware Corporation, Grantor.
WITNESS my hand and official seal.
My commission expires' 4-ag-eOtl
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STATEMENT OF AUTTIORITY
Daniel I. Padilla, as Regulatory Coordinator for OXY LJSA WTP LP, a Delaware limited
partnership ("OXY*). is authorized to act on behalf of, and rcprcscnt OXY in all matters
relatcd to applications for special use permils. conditional use permits. administrativc
pcrmits, and land use change permits (and may cxecute such applications) submitred to
Garfield County, Colorado u:rtil such tiure as OXY filcs of rccord a statement that Mr.
Padilla no longer has such authority. OXY acknowletlges that when any such permils are
issued by Carlield County. Colorado. the County may choose to file them of record and
such pernits may oontain certlin covenants that run widr the particular lands identified in
such permits.
By:
Nante:
Title: Vice President
STATE OF TEXAS
COUNTYOFHARRIS
This instrument was acknowlerlgerl betore ,n" orin*;rl#aay of November.
2008, by llarry Hufft, Vice Prcsidcnt of OXY USA Inc., a Delaware corporation, on
trehalf of OXY IJSA Wl'P LP, t Delaware limited partnership.
HAEUTA,JTE
wftraEniluPnEE
rilLaatotr
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Notary Puhlic, State of Texas
L?...1 ' q'!(
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OXY USA WTP LP
By: OXY USA lnc., its gencral parmer
I 2j0 I -01 Frurr0XY H0lJST0fl IEGAL 7r3 350 4801 T-r50 P.00t/085 t-538
O}TT USA INC.
L s. P. Parise, hereby certify thst I aur a dury ereqt€d, quarified and acting
Assistant s*cretary of oxy u$A Inc., a Derawarc eorporatior; and I hereby furrher
celti& ttrat tlre Power of Afioraey as set fortir in Exhibit ,'A,' attached icreto and
iucorporated hereiu by this refcreace, is a copy of tie power of Attomey whieh was
exccutsd Es of Novemfur 23,2004, by Mchaer L- preston" vice prcsident aod General
counsel, pursuaut to au&orizing resolutiolls duty adoped by thc board of director$ aod
that saidPower of Attsmey is nowiufuil forcc and effect.
iN wrrNEss WHEREOF I have executed this certifieate of Assistant secrehry
this 29thday ofNovember, 2004.
STAIE OF C&IrOR}ILA
COLNTY OF LOS ANCELE$
)
) ss.
)
oa Novesrber 2g,2004, before me, sharoa c. Fierro, the undersign*d notarypublic, ry*ryIrr appared s .p.-rarise, personally tnowa i; ; to be the pcrso' whosename is srbscribed to the within i"sm;.ff 3gd achowledged io me thar he executed thesame in his autorizd y,riy,.*d rh,t byhis .tsr*r* ;rrulo**, the pcrson, orthe entiry upon bchalf of whictr ttre poroo l"tod, exeouted the inst-rmrent
WIThIESS ny hand and. official seal
[Noerial
SHAftON C. HTEftO
CoffiBslsll li0{26?
Hotay Rrb{c ' Cofirfila
L6( ArEe{e* Co'rtty
;srrrrr'E$*B$-fiJrt9,:
S. P. Parise, Assistant Secrehry
NotaryPubfc in and frr said State
Cn rOA GF OU$Adpc
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12-'01-01 l0r1? Fron-OXY H0USTtr LEGIL ?r3 3tr0 {881 1-?50 P.!0al005 F-538
OI(YUSA INC.
POWER OFATTORNEY
The undersi$ed' oxy USA rnc., a Delaware corpordiou (this "corporation,,), bytbese preseuts, does makq coxsritute and appoint *.n-oi wiiliam B. nirar".,-o. r.ctrisriarsen, Ala* G._!odr, IGo Dirion, ro tilen ftisko, ir"pn* s. Flyna Michaet D.Gooding, stephen D. Hardesty, Janes Greg HardiE, John Hiries, vicki Hollub, Harry r.Huffi, Matthew O. Hyde, I/rr. C. toas,-Tom J;rk"*ki f."v S- iioaqJrL pr,rl
Martinea Jqhn T. Mcwhorter, Jr., Thonas A. Mcnges, iliu{ Garbe Merrill, Bre'ton B.Moorr, vincente olivares, Dcl oliver, Richad orlngae,rtr, paul A. pa*ous, Flarrey F.Pinson, Evan Rael, wiuimpanoly, Go*g Rowe, *rar-serriartz, Mich*er R. soran4 Toddstevens' Damir v*.k ard Rnndy s/ineey, ""d"t inai"iaraily, as a rnre aud laufirlAttoraey'in-Farn of this Coryoration, for it aad in idnarre, prace and stea4 ,o cnler iato,
T*uto, -acloonrlcdgc aad deliver on behalf oi aad for" tU* e><clusivo u*"Ai oi g,i"
coqporatio4 tlre insfrrimeots &signatod and described below:
(r)
a)
aqgemryts Poolmg royalty on asy or all min*als of this Corporarion under oil, gasandlor other mincral tm dt *yrtty on say or all mi'erals uader oil, gas *a7o,other minerat leascs ofttrid paties;
+Fra?rucnc pooliag oil, gas aud/or orher mineral leases ad the righrs &ereuudg ofthis corporation wkh oil, gas ard/or o&er mineral leases o" Jr*ols ana ,ightstherer.rndcr of third psrties;
(3) Agreements provi_dinq for &e joiut sl rrrrir developmeot of oil, gas and/or other ruineralIeases or miserals of this Corporation with oil, ges and/or otha mincral lcasgs or,llis€rals of &ird partieq
(4) 'dgreemeys pooling rrnleased interests in aiaerais of this Corporation with rmleasedminenl dghs andlor rights io oil, gas andor other minerai leases of rhird p.rd;;
(O 15,T**o pledsne contributions to thtud parties in connection rryitb the drilling of}VCUS;
to Age*reils rbr$ytte oir., gas and/or ortrer mineral leases or min6s2!5 and &erights thaermder of this corporation to &e rigLrs of eira parties;
$) Agpemenrs for the purc'nasq or occhange, of minerals or od, gas andlor othrr minratleases or interests iu miaerals or oil, gas aad/or o&er mirerali*. *a-Gffi"oo"leasos or deeds prrsuant tha.e&;
(8) Agreements for the sate, lqse or assigrr.nent of uinerals and/or oil, gss and/or ottrermiueral leases rod the necessay insEuaeos pursuant thereto;
poa O)f,f USA-I I 04.doc
1 2-0 I -04 From-0XY mlJtT0lt LICAL ?r3 g$0 4801 T-r5$ P.003/00t t-53N
(e)Agreerneuts fsr the rcnting iensing licsnsing, purcliasc and/or sale of realprcpexy and/or personal P'operty and tbe aecessary i"strir"tg pursuant thercto;
Divisioa onders aud Transer orders covering sale ofoil, gas aadlor otha mi,lerals;
AgrcerffioB rol geolog$ aud geophysical exploratioa work aud auy other agrEemeorsfor test well drilling, S *.y a"d ali oao ugeu*.ntu of a firnctional nature pertainiagto thc acquisitioa, exploratio4 restiug dEwlopaent, il;d-ri;, of oil, gas md/oother mineral properties;
(12) Easenceuts' rigbts-osway, servitudes, licerses ald pcruits on lmds oumed by thisCorporation;
(13) oil, ms and/or otber minoral leases ou fee lands and on mineral ri&ts fu lands ofthisCorporatioa wherever situate4
(14) o'4 ps ard/or othcr mineral lea:es on lands of members of arry Tribe of Indiansand/or lands of Natives, on mineral iaterests or a"y lnaiao Tribe and/or NarivecorporatiorL coSPar, or organizatiorq on public Iands and oth*r lands of *r* Uoit astatc$ of America wherever slt aed, oa p,iblie lands aad o*er ranas ol *iirl *aof any subdivision of any State urherever stuatea, in which this Corporation is lessee;
(15) oil, gss aa#or other ninsal leascs oa auy land or mheral iffergst rcgardless ofowneship wtrereven sitr.rared, in which &is corporation I r*r*
Agreemeats for tlre salc of miner*l producing prcpertics, oil, gas and/or oths mincraltcasds, and other mineral interests
""on*a Uy thi, CLpor"ioq --
Assigtnent, transfers, convcya$cgs, deeds, oil, gas and/or orher minerai leases, billsof, sale md other iE"sEuments in corncction witir sales of leases, rirclls and relaudfacilities and/or instauations, toge&er +vitb pemonar prope.rty in, oa and/or ffivirg tbepropertie sold;
Bidq apPlicadoos and dli'rgs- fur oil, gas and/or o&tr mineral ieases oa lands of theuuited starss of America ano a$y s;; ouaod lands, iuJJins'such lards embracedwithiD the arca calted "the outEr-cefiinenrar sherf,, on lands "r*y Indian Tribe, onIan rs of anyNarive corporadon, corupirny or orgnuization;
ifEses of the surece of lauds wherever situared of &is Corporation for agrjeuln$al
Sazing and otbm purposas;
subleases of rights under sur&ce leases tnd r:udcr oil, gas aad/or o&er minemal leasesofthis Corporation;
(10)
(1 t)
(to
(17)
(t8)
(Ie)
(20)
I ?-0 I -01 10112 From-0XY tfiU$I0tl LS0AL
a7)
Il 3 3E0 4804 I-750 P.Dglltl' F-538
Releases and sunenders ofleasss, oii, gas and/or orher rnineral leases and eassaents inreal estste wherever situatd;
Agreemeuts for consurting scrvices and/or other pe*onar sEnrices;
saltwars disposal lgreffients ad dgfrt*f-way agecments and. agree.ruents forcoaskuctioa of fasiiities ucce,ssary ror af runctio*r ott.f**t
Derrelopmerrt conhacts' tuit agecments and other agreemenB relating rhseto wiilr thefed€rai, state and rocal govinmerg- *o ,rr. vrioru deparaentq agencies a'dbraachcs theresf;
ffiffif ##;ffffl,assisurrents
ofoil, gas and/or orrer minerar leases coveciag
assi$menrs of operating d*ry rya desigrarions of olrrator uader oil, gas aud/orother,ni''eral leases cove;trS f.d*rl, .ate L oA* Iaads;
rndffinity agr€ffierrs; settleent agree,rients; londs aad sec-urity agr€epenr$ farmowsnd faunia agrecmedrs; dry anddr uottona rote
"ont
iu,rtiori agreements; fti[ingsonrrect$ ariancc agre<ments; pipclindpraatfacility Llrcu"tioq inssallation,opcriation andlor serrrice agru@ents: 'p".ti"ip"t i **.oO; exploraionagree&edts; koke agreerents; srrrface, *r""*I *d- *frty decds; instrumenEpertainiag !o oveaiding royalty ir*Eresd *rig:m*i; te.rm assigrmeau;labor aad emplolmeat cootacB; affdavits; unitizationiffieats; joint operatingegrerm@ts; area ofmutual irtacst agreemeuts; rrd
{28) All ot&er agreements and ius8umests_relaled orpcrtaining to {hs oil, gas *.d miaralo<ploration andproduction business ofthis Corpo*ioi; *a
{29) Aay amendrnetrts, modificatior:s, suppremeats, rercases, rcnewals, extensions,canetllations, assignraenu and t -rsd ir *a-pl*ilios to any of the ins6.uoenshereisset for&.
said Auomeys-in-Fact are hcreby graotod firII and complete power and authoriw bexeeute, ackaowledg! and deliver sooh oih; domnrcx,ts and i,G*.or, and to do such thingsand perform xrch acts as rnay be necessary or convenicnt in cor&ection wift the foregoilg.
This corporatioa hereby deciares {rat:?{ arrdevery ac( matten and thing which rhallbe sveq nade and doae bv said'williae B. Bredsoe, D- L:d;s$sffi, AIan G. cody" KenDillo+Jo Elle'Drisilg, stepaeu s' $r,, Mi-h":r, E*d"#tephcnD. Hardesty, JamesGreg HErdirL Johu lrines, y:U Hgtiuh-ryryr. H*iiiffin*, G. Hyde, Wm. C. hous,Tom raniszewski, Terry t. u"dqrirt, rJ rti*i""., I;h" i. M.'whorrer, Jr., Thomas A.Meages, Phyllis Garbc Me*ilr" gte"ton a. Moore, vio*"t" iliirraries, Dcr oriver, Richadoftgderfr PauI A. parsons, H"rr"i r. ri*oo, n ra nuJ,wirur* B. Roby, Greg Rowc,
(21)
w)
(23)
{24)
(25)
GO
, r2-01-0{ l0r1l Fron-0XY HOUSI0l{ LEOAL il3 350 1801
OXY USAINC.
T-750 P.805/005 t-538
Alan schwart"r Michael R solaqd, Todd stsveas, Damir vrcck and Rardy win*ey, incornec{ioa wit} the orereise of auy or *[ of the sforesaid power1 shall be ; ;;d, Ga *aefrectual for aII int* and purpoles * trp:.raY h* bd Or* made aad done by &iscorporation iu its compny Presencc, and &is corpcratiou [-"ruo, approves, ratifies andcoufirms ueatsoever said Altorneys-in-Fact or mry oith"o,, shall lar,fiiliy ao *.urrs, to tedone withh tlrc arnho'rity conferred by rhe ror.eoi;g por re*";!16 arrthorized acts aad deedsof this Corpor*tion
This Corporation shall be bound to the rcPrserltatio$s made orr its bshaf by saiaAttorneys-in-Faet d "Pu9t any and all dc,farses ,rlr.rr *, G ,".6u,
"-ral['.p"*rr:*to cofi6t, negatc or disaffirrn the actioas of said ettomeys-in-Fact *r31 are within theauthoriry confcrred bythis power of Attoraey.
This Power of Attomey is issued on and effective the date hereof, aod shall beefrectivc unril revoked by this Corporation.
IN wrTllEss wrrEREoF, &is Coryorarion has hereunto causcd irs nams ro besubscribcd and its corporate seal to ue amxea L ofdre 23"d At rfNovember, ?004.
Vice hesident and Geaeral Counsel
Tower Locatlon (not to scale)
O TowerNumber:l
a Guard Shack
-
Erisling Private Roads
... county Roads
Property Boundarios
il De Beque, co
t
-l
Vicinity map showing sloPe
Topography of the subject property,
at 1:24,000 scale
