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HomeMy WebLinkAbout3.0 Staff Report BOCC 04.02.07Exhibits for t e Board of County Commissioners Meetin _ held on April 2, 2007 Exhibit Letter (A to Z) Exbibi A Mail Receipts B Proof of Publication C Garfield County Subdivision Regulations of 1984, as amended D Garfield County Zoning Resolution of 1978, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H Resolution Number 2004 -132 I Staff Report Submitted by Jim Hardcastle dated to the Planning Commission on 10/13 /2004 and the Board of County Commissioners on 12/6/2004 J Letter from Mark Vanarelli of the State of Colorado, Office of the State Engineer Division of Water Resources K Copy of Well Extensions Approved by the Division of Water Resources, dated Received 1/25/2007 L Email from Matt Sturgeon of the City of Rifle, dated 1/29/2007 BOCC 4/2/07 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: REPRESENTATIVE: SITE SIZE: LOCATION: ACCESS: WATER/SEWER: EXISTING ZONING: ADJACENT ZONING: Big R Commercial Subdivision Big R Enterprises, LLC Stuver, Lamoine and Clifton (Barb Clifton) 32.36 acres Three Miles East of the City of Rifle Four Miles West of the Town of Silt State Highway 6 & 24 (CR 221 Emergency only) Well & ISDS (1 per each lot) C/G (Commercial General) GIG (Commercial General) A/R/RD (Agricultural/Residential /Rural Density) All (Agriculturalllndustriai) I. PROJECT UDATE A. Development Proposal and Site Description The Applicant proposes to subdivide a $3 p6 acre parcel of Commercial General zoned property into 10 commercial Tots, 9 of which are approximately 2+ acres in size with one lot of 8.91 acres. The property is fronted by State Highway 6 & 24 on the southern property line and County Road 221 on the northern property line. The Applicant proposes to access the property at three separate points off of SH 6 & 24 as well as providing an emergency access point on and off of the property at the northern property line onto CR 221. The property is relatively flat and is partially cultivated and irrigated as well as containing several existing commercial operations throughout the property. The Applicant proposes that each lot will be served by an individual well. The Applicant has well permits for each lot within the subdivision. The existing development on Lot 1 is served by two existing wells. View: looking north from east side o lot #2 on internal road Existing land uses surrounding the proposal are commercia, residential and agricultural in nature. The surrounding zoning is C/G (Commercial General), A/R/RD (Agricultural /Residential /Rural Density) and NI (Agricultural /Industrial). Additionally, the proposal is located within Area 11 of the Garfield County Comprehensive Plan and the S- mile Study Area of the Rifle Comprehensive Plan and identified as County Commercial. II. REVIEW AGENCY AND OTHER COMMENTS + City of Rifle: (Exhibit L) Issue(s): City of Rifle - Watershed Permit • Rifle Fire Protection District: No Comment • Colorado Division of Water Resources: (Exhibit J) Issue(s): Well Permits have Expired (Well Permit Extensions Submitted by Applicant — See Exhibit K) 2 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 – .mot..._ —.. jT 30. Parr s ✓ r•* err, 4 -e) tai Pen %!sn SU.Melac Except..., Pest }7Id r LOT 8 eV a rer M � LUT 6 RA At,. LOT 7 tzu Arta lrl 41 LOT 9 WSJ LOT G tm wvrt Lor 3 206 Acres 100,000 gallons torage Lar 10 '70 ti G ['*' /r /•/r�15 "Lit t 3 e « irccn e'rF Erg rrg Wet tonas IN. ms P*1 v...! Weer. seesse.e. 3318 R Como.- eroiai Parx Revisad Tank Layout 1CnnceµiAali 1— Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 View: looking east at main entrance III. PROJECT UPDATE — REVISED PRELIMINARY PLAN This commercial subdivision was previously reviewed by the Planning Commission on October 13th, 2004 and approved by the Board of County Commissioners on December 6th, 2004 by Resolution 2004 -132. The revised Preliminary Plan was heard by the Planning Commission on February 14, 2007. The Planning Commission is recommending that the Board of County Commissioners approve the revised Preliminary Plan by a vote of 4 -0. Due to physical constraints on the property, notably a high water table, the applicant is proposing an alteration to the fire protection system as specifically required in Condition Number (8)(1) of Resolution 2004 -132: The Applicant shall provide a minimum of 180,000 gallons of fire protection water to the proposed site. Hydrants shall be spaced a maximum of 500 feet from a structure and shall be capable of providing a minimum of 1500 gallons per minute at 20 -PSI residual pressure with a flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet nationally recognized standards. The Applicant shall perform a pressure test of the underground piping (200 psi for two hours) and a flow test of the pump and hydrant for final acceptance of the system prior to the Final Plat approval. 4 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 As Colorado River Engineering has explained in a fetter dated May 30, 2006 to Chief Morgan of the Rifle Fire Protection District: During development of the final engineering design of the project problems were encountered that have prompted system design changes._ The primary design constraint was the size of the concrete tank combined with a high groundwater table posed a risk to future settlement of soils and tank degradation. The complexity of the pumping systems also became mechanically complicated. We have explored options and Mr, Regulski would like to request that the fire suppression system requirements be reduced with an increased commitment to early detection and warning systems. As proposed the revised plan would provide: • Early Detection Systems installed in all of the existing enclosed buildings (six) and required installation on all new buildings. • 100,000 gallons of on -site storage be provided using smaller +/- 50,000 gallon storage tanks and dry hydrants for direct pumping. The Rifle Fire Protection District has responded in a letter dated August 22, 2006 stating: The District understands that you intend to provide two (2) 50,000 gallon storage tanks that are connected together and a distribution system. It is also our understanding that notification systems will be installed for occupant evacuation and fire department notification. The District has accepted your proposal with the following understandings: 1. Final approval and acceptance of all fire protection systems will be required upon completion. 2. The District will continue to work with you and your engineers for final design and acceptance of the fire protection water systems. 3. This decrease in water requirements does not negate any other building or fire code requirements including but not limited to future buildings requiring fire sprinkler systems. 4. The systems installed on these properties will serve primarily as "life safety" systems. The ability of the District to suppress fires may be limited due to fire protection water capacities. The District accepts no liability for this adjustment in code requirements, The Office of the State Engineer, Division of Water Resources has stated in a letter dated January 22, 2007 that (See Exhibit J): Based on the above, it is our opinion, pursuant to CRS 30- 28- I36(1)(h)(I), that the.:, `proposed water supply is physically adequate and will not cause material injury to decreed water rights, so long as the Applicant obtains and maintains valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. IV. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of 5 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application is in compliance with the standards set forth in Section 3.07 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is in compliance with the standards set forth in Section 4.00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; V. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Revised Preliminary Plan for the Big R Commercial Subdivision for the following reasons: 1) Given that the only change from the original approved Big R Commercial Park per Resolution 2004 -132 is pertaining to fire protection measures, and; 2) the Garfield County Planning Commission is recommending approval of this application by a vote of 4 -0, and; 3) the Rifle Fire Protection District has recommended approval of the proposed changes, and; 4) that the State Office of the Engineer, Division of Water Resources has issued a letter of No Material Injury. Staff recommends approval with the following conditions (Alterations from the original Resolution 2004 -132 are highlighted below. Note: Original condition number 3 from Resolution 2004 -132 has been removed): 1. All representations of the applicant, either within the application or stated at the Planning Commission or Board of County Commissioners hearings, shall be considered conditions of approval. 2. Prior to Final Plat approval, the Applicant shall obtain and maintain valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. 3. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and consistent with other commercial approvals for a non - discharging system for the proposed subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered Professional Engineer in the State of Colorado and are for domestic waste only. An initial attempt shall be made to identify projected ISDS uses and all upgrades shall require a separate septic permit at the time of new building permit issuance. 4. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals prior to approval of the Final Plat. 6 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 5. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit, and submit said permit to the Garfield County Building and Planning Department prior to BOCC approval of the Final Plat. 6. The Applicant shall create a Lot Owner's Association (LOA) and covenants to address in detail all future interior road maintenance of the proposed subdivision and modifications to the approved access permits in the Colorado Department of Transportation ROW due to increases in ADT. All documentation regarding the LOA and the allocation of payment and the responsibility and how such costs will be allocated within the lot owners for the GDOT improvements of the internal road shall be submitted with the Final Plat. The interior road shall be paved and built as a minor collector, constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Parking shall be addressed at the time of all new building permit reviews. 7. The Rifle Fire Protection District requires the Applicant shall design and install fire protection measures and provide the proposed design and cost to be detailed in the Subdivision Improvements Agreement which shall be submitted prior to Approval of the Final Plat. These measures are noted below: a. The Applicant shall provide a minimum of 100,000 gallons of fire protection water to the proposed site which is to be equipped with a dry hydrant connection. It shall be the responsibility of the Lot Owners Association to maintain the system including, but not limited to, filling and maintaining the water level of the cistern(s) at all times. b. Each new and existing enclosed building shall be equipped with an early detection fire alarm system consisting of, at a minimum, heat detection, smoke detection where applicable and manual activation. C. The main internal road, as well as all individual driveways and easements shall be constructed to accommodate the heavy weight of fire apparatus during adverse weather conditions. Roadways shall be a minimum of 24 feet in width and shall be in place and accepted prior to Final Plat approval. d. The internal access road for emergency vehicles to County Rd. 221 shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. e. Addresses shall be posted in a conspicuous location so they are readily identifiable. f. Each individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements. These additional items may become necessary depending on the type of construction and use of the buildings. 7 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 8. The Applicant shall implement and follow the noxious weed management plan found in the application and place this plan in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions. 9. The Applicant shall treat and remove Russian olive trees that are present on the property prior to Final Plat approval. 10. The Applicant has submitted documentation which states that, elf lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" to be submitted with the Final Plat. The document will further state that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 11. All utility extensions shall be laid in the same trench. 12. The Applicant shall add these plat notes to the Final Plat: a. "Individual City of Rifle Watershed Permits shall be required for all new uses on all lots and a copy of the current and site specific permit shall be submitted with any new applications for a building permits." b. "The owners of all lots shall be prohibited from constructing our using any existing structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" as submitted as part of this Final Plat. The document provides that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." c. "All ISDS systems must be designed by a registered Professional Engineer." d. "Each new individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements and no permit will be issued without a Rifle Fire Protection District approval letter." e. "Site specific geotechnical studies shall be conducted for individual new lot development and a copy of each pertinent study shall be included as a part of all new building permits applications." f. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five percent (85 %)." 8 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 • g. "All streets are to be dedicated to the public, are not private, and maintained by the Lot Owner's Association as detailed in the Declar Covenants." h. "All permissible Commercial establishments in this district shall be allowed when these four (4) requirements are observed; i. All fabrication, service and repair operations are conducted within a building; li. All storage of materials shall be within a building or obscured by a fence; iii. All loading and unloading of vehicles is conducted on private property; iv. No dust, noise, glares or vibration is projected beyond the lot;" All outdoor lighting shall by directed downward and inward. As eac' . new Building Permit is submitted to the Garfield County Building and Department, each lot owner shall also submit the most recent up -to -date "count of the actual average daily trip analysis" as required to be determined by the Lot Owners Association and approved by the Colorado Department of Transportation at various i�itervals throughout the development of the lots in the subdivision, as described it the Access and Utilities /CDOT Permit Compliance section of the Declaration f Covenants, Conditions and Restrictions for Big -R Commercial Park. KX "lt shall be the responsibility of the Lot Owners Association to maintain the fire protection system including, but not limited to, filling and maintaining the water level! of the cisterns) at all times, all associated fire protection infrastructure and the early detection system." rf \\<. "Each nevY and existing enclosed building shall be equipped with an early detection fre alarm system including but not limited to, heat detection, smoke detection here applicable and manual activation." 9 Big R Commercial Subdivision - Preliminary Plan BOCC 4/2/2007 1 1I 1111 1E1 1111111 IIII III 1111111111111111111111111111 665764 12/22/2004 12 :19P B1650 P110 M ALSDORF 1 of 6 R 0.00 0 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield EXHIBIT Li At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building. in Glenwood Springs on Monday, the 6th day of December, 2004, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-1 32 A RESOLUTION CONCERNED WITH THE APPROVAL OF' A PRELIMINARY PLAN APPLICATION FOR RIFLE SKI CORPORATION, BOB REGULSKI, FOR THE B1G -R COMMERCIAL SUBDIVISION PRELIMINARY PLAN WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan application from the Rifle Ski Corporation, Bob Regulski to subdivide a 32.36 acres parcel and is practically located on Colorado State Highway 6 & 24 (CR 221 Emergency only) approximately 1.5 miles east of the City of Rifle and 3 miles west of the Town of Silt, State of Colorado; and in the S W1 of the NE' /, of Section 11, Township 6 South, Range 93 West; and WHEREAS, the Preliminary Plan proposes to subdivide 32.36 acres of the Property into ten (10) commercial Lots; and WHEREAS, on October 13th, 2004, the Garfield County Planning Commission, held a public hearing, and ecommended the Board of County Commissioners approve the Big -R Commercial Subdivision with conditions; and WHEREAS, on December 6th, 2004, the Board of County Commissioners opened a public hearing upon the question of whether the request should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said 1111111 11111 1111111 11111 1111111111111!!1111 ilill 1111 1111 665769 12/22/2004 12:19P 81650 P111 M PLSDORF 2 of 6 R 0.00 D 0.00 GRRFIELD COUNTY Co Preliminary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on the 6th day of December, 2004 to make a final decision; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is in compliance with the standards set forth in Section 4.00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, the Preliminary Plan for Big -R Subdivision is approved with the following conditions: 1. All representations of the applicant, either within the application or stated at the Planning Commission or Board of County Commissioners hearings, shall be considered conditions of approval. 2. Prior to Final Plat approval, the Appl.is:ant shall obtain and maintain valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. 3. The Applicant shall provide evidence th t the water supply is sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision and shall submit this proof to the Garfield County Building and Planning Department prior to the BOCC hearing for consideration of the Preliminary Plan. 111111 11111 1E1111 1111 11111 11111 1111111111 11111 IIII 1111 665764 12/22/2004 12:19P B1650 P112 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 4. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and consistent with other commercial approvals for a non - discharging system for the proposed subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered Professional Engineer in the State of Colorado and are for domestic waste only. An initial attempt shall be made to identify projected ISDS uses and all upgrades shall require a separate septic permit at the time of new building permit issuance. 5. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals prior to approval of the Final Plat. 6, The Applicant shall submit and gain approval of a City of Rifle Watershed Permit, and submit said permit to the Garfield County Building and Planning Department prior to BOCC approval of the Final Plat 7. The Applicant shall create a Lot Owner's Association (LOA) and covenants to address in detail all future interior road maintenance of the proposed subdivision and modifications to the approved access permits in the Colorado Department of Transportation ROW due to increases in ADT. All documentation regarding the LOA and the allocation of payment and the responsibility and how such costs will be allocated within the lot owners for the CDOT improvements of the internal road shall be submitted with the Final Plat. The interior road shall be paved and built as a minor collector, constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Parking shall be addressed at the time of all new building permit reviews. 8. The Rifle Fire Protection District requires the Applicant shall design and install fire protection measures and provide the proposed design and cost to be detailed in the Subdivision Improvements Agreement which shall be submitted prior to Approval of the Final Plat. These measures are noted below: 1. The Applicant shall provide a minimum of 180,000 gallons of fire protection water to the proposed site. Hydrants shall be spaced a maximum of 500 feet from a structure and shall be capable of providing a minimum of 1500 gallons per minute at 20 -PSI residual pressure with a flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet nationally recognized standards. The Applicant shall perform a pressure test of the underground piping (200 psi for two hours) and a flow test of the pump and hydrant for final acceptance of the system prior to the Final Plat approval. 2, The main internal road, as well as all individual driveways and easements shall be constructed to accommodate the heavy weight of fire apparatus during adverse weather conditions. Roadways shall be a minimum of 24 II 1111 11111 1 11111 1111 /III I11111I11111ill MI 1111 1111 665764 12/22/2004 12:19P B1650 P113 M RL.SDORF 4 of 6 R 0.00 0 0.00 GARFIELD COUNTY CO feet in width and shall be in place and accepted prior to Final Plat . The internal access road for emergency vehicles to County Rd. 221 sha have an unobstructed width of not Iess than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. 4. Addresses shall be posted in a conspicuous location so they are readily identifiable. 5. Each individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements. These additional items may become necessary depending on the type of construction and use of the buildings. 9. The Applicant shall implement and follow the noxious weed management plan found in the application and place this plan in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions. 10. The Applicant shall treat and remove Russian olive trees that are present on the property prior to Final Plat approval. 11. The Applicant has submitted documentation which states that all lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" to be submitted with the Final Plat. The document will further state that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then,in effect." 12. All utility extensions shall be laid in the same trench. 13. The Applicant shall add these plat notes to the Final Plat: 1. "Individual City of Rifle Watershed Permits shall be required for all new uses on all lots and a copy of the current and site specific permit shall be submitted with any new applications for a building permits. " 2. "The owners of all lots shall be prohibited from constructing our using any existing structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" as submitted as part of this Final Plat. The document provides that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval ofa water supply plan, payment of school impact fees, I 111111 11111 1111111 II11111111111 1111111 ill 111111111 1111 665764 12/22/2004 12:19P 61650 P114 M fLSDORF 5 of 6 R 0.00 0 0,00 GARFIELD COUNTY CO review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 3. "All ISDS systems must be designed by a registered Professional Engineer." 4. "Each new individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements and no permit will be issued without a Rifle Fire Protection District approval letter." 5. "Site specific geotechnical studies shall be conducted for individual new lot development and a copy of each pertinent study shall be included as a part of all new building permits applications." 6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five percent (85 %)." 7. "All streets are to be dedicated to the public, are not private, and shall be maintained by the Lot Owner's Association as detailed in the Declaration of Covenants." 8. "All permissible Commercial establishments in this district shall be allowed when these four (4) requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot;" (5) All lot owners shall maintain that all outdoor lighting shall by directed downward and inward. 9. As each new Building Permit is submitted to the Garfield County Building and Planning Department, each lot owner shall also submit the most recent up -to- date "count of the actual average daily trip analysis" as required to be determined by the Lot Owners Association and approved by the Colorado Department of Transportation at various intervals throughout the development of the lots in the subdivision. This requirement is described in the Access and Utilities/CDOT Permit Compliance section of the Declaration of Covenants, Conditions and Restrictions for Big -R Commercial Park. ~ ' -' 1CI rN.`tlfthe Board s`� `7 '` ' '.ion motion duly made and seconded the forego' g Resolutio wa adopted by ...,•' )-- :,ie following vote: "rrrr4ur,,..0. ° ! 1111f! 1111! 1111!11 IN! 11111011111111111111111111! 1111 665764 12/22/2004 12:19P B1650 P115 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 20th day of Dec- , A.D. 2004. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF LD COUNTY, COL John Martin Larry McCown Tresi Houpt STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 1, , County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2004 County Clerk and ex- officio Clerk of the Board of County Commissioners BOCC 12/6/04 PC 10/13/04 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: ENGINEER. REPRESENTATIVE: SITE SIZE: LOCATION: ACCESS: WATER/SEWER: EXISTING ZONING: ADJACENT ZONING: PLANNING STAFF: Big R Commercial Subdivision Rifle Ski Corporation, Bob Regulski Colorado River Engineering Barb Burwell 32.36 acres East of the City of Rifle State Highway 6 & 24 (CR 221 Emergency only) Well & ISDS (1 per each lot) C/G (Commercial General) C/G (Commercial General) A/R/RD (Agricultural/Residential /Rural Density) AJI (Agricultural /Industrial) Jim Hardcastle, Senior Planner I. PROJECT INFORMATION A. Develop_ment Proposal and Site Description The Applicant proposes to subdivide a 32.36 acre parcel of Commercial General zoned property into 10 commercial lots, 9 of which are approximately 2+ acres in size with one lot of 8.91 acres. The property is located approximately 1.5 miles east of the City of Rifle and 3 miles west of the Town of Silt. The property is fronted by State Highway 6 & 24 on the southern property line and County Road 221 on the northern property line. The Applicant proposes to access the property at three separate points off of SH 6 & 24 as well as providing an emergency access point on and off of the property at the northern property line onto CR 221. The property is relatively flat and is partially cultivated and irrigated as well as containing several existing commercial operations throughout the property as seen in the view below. The Applicant proposes that each lot will be served by a central water system. There is an existing permitted well located outside the property that currently serves the businesses on proposed lots 1 — 6. This commercial well use is governed by a well sharing agreement. The project is proposed to be served by individual wells for each lot. The existing development on Lot 1 is served by two existing wells. View: looking north from east side of lot #2 on internal road Existing land uses surrounding the proposal are commercial, residential and agricultural in nature. The surrounding zoning is C/G (Commercial General), A /R/RD (Agricultural/Residential /Rural Density), A/I (Agricultural /Industrial). Additionally, the proposal is located within Area II of the Garfield County Comprehensive Plan and the S- mile Study Area of the Rifle Comprehensive Plan and identified as County Commercial. II. REVIEW AGENCY AND OTHER COMMENTS • City of Rifle: (Exhibit G) Issue(s): City of Rifle - Watershed Permit 2 Big R Commercial Subdivision - Preliminary Plat PC 10 /13 /04. BOCC - 12/6/04 • Town of Silt: No Comment • Rifle Fire Protection District: No Comment • Public Service Company: No Comment • US West Communications: No Comment • Colorado Division of Wildlife: (Exhibit H) Issue(s): None Cited • Colorado Dept. of Public Health and Environment: (Exhibit I) Issue(s): None Cited • Colorado Division of Water Resources: (Exhibit J & U) Issue(s): Legal water supply, water supply plan • Garfield County Road & Bridge: (Exhibit K) Issue(s): None Cited • Garfield County Vegetation: (Exhibit L) Issue(s): Treatment and removal of nuisance vegetation • Resource Engineering: (Michael Erion): (Exhibit M) Issue(s): Legal water supply, ISDS, erosion & sediment control plan • Rifle Fire Protection District: (Exhibit 0) Issue(s): Fire protection water, roads adequacy, individual review prior to building permit issuance • Colorado Department of Transportation: (Exhibit Q) Issue(s): Permit suitability, traffic study III. STAFF COMMENTS The following is an analysis of the proposal conducted by Staff that includes information collected as a result of a site visit to the property, referral comments provided from the entities listed above, and a review of the proposal against the County's Zoning Resolution, Subdivision Regulations and the Comprehensive Plan. 3 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12 /6 /04 1. Comprehensive Plan The property is located in Study Area II and is designated as "Commercial." The property is also located within the City of Rifle 2 -mile sphere of influence. While the Applicant is required to demonstrate that the proposal conforms to and is compatible with the Comprehensive Plan, the Applicant should pay particular attention to the following sections of the Plan. This is further supported Section 4:33 of the subdivision regulations which requires the Board shall make its decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the Comprehensive Plan. The Comprehensive Plan is consists of two main components: 1) the plan map and 2) goals and objectives. The following analysis examines the merits of the proposal against these two components. The Plan Map The property is located in Study Area II and is considered Subdivision land. Existing surrounding land uses surrounding the proposal are commercial, residential and agricultural in nature. The surrounding zoning is C/G (Commercial General), A/R/RD (Agricultural /Residential/Rural Density), A/I (Agricultural/Industrial). Staff has reviewed the maps within the Comprehensive Plan and has determined there are issues concerning soils and ISDS, which are discussed throughout this report, and finds that with conditions of approval created to mitigate these constraints the proposed development can be designed to be in conformance with the plan maps. The Comprehensive Plan "Septic System Constraints" map shows this area to have a high water table which is also indicative of Kim Loam soils in the area which are deep, well drained gently to sloping soils on alluvial fans and benches. The permeability is moderate, and available water capacity is high. Goals and Policies Section 4.0 COMMERCIAL & INDUSTRIAL USES: the goal is to encourage the retention and expansion of convenient, viable and compatible commercial development capable of providing a wide variety of goods and services to serve the citizens of the County. 4 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 1216/04 The commercial developments proposed are compatible with adjacent land uses and County zoning regulations regarding industrial and commercial development and are compatible with land use policies of the City of Rifle. Figure 1. Proposal Layout The intended commercial development is not in an area where existing infrastructure (water and wastewater facilities) are currently available. 5 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 Additionally, the Applicant has recently submitted required detailed traffic analysis which ensures the proposed commercial development is conducive to safe and efficient traffic flow and reducing vehicular movements. The project review process has included the identification and mitigation of transportation impacts within documents associated with a future Lot Owners Association related to commercial and industrial development. Section 7.0 WATER AND SEWER SERVICES: To ensure the provision of legal, adequate, dependable, cost effective and environmentally sound sewer and water services for new development.. The Planning Commission recommended the Applicant shall submit updated information to the State Division of Water Resources which results in a favorable determination of "no material injury" before the Board of County Commissioners will be able hear the proposal. The Division of Water Resources has reversed a previous decision and now determined that "no material injury" will occur for the proposed water system. Section 10.0 URBAN AREA OF INFLUENCE: The goal is to ensure that development and overall land use policies occurring in the County that will affect a municipality are compatible with the existing zoning and future land use objectives of the appropriate municipality. The proposed use is within the City of Rifle Urban Area of Influence and within City of Rifle Watershed and is consistent with local municipal land use policies. A City of Rifle Watershed Permit application shall be filed with the city and approved for the existing uses prior to approval of the Final Plat. Additionally, a note shall be added to the Final Plat which indicates an approved City of Rifle Watershed Permit shall be required for all new uses on all lots and a copy of a new Watershed Permit shall be submitted with any new applications for a building permits. Summary Regarding the Comprehensive Plan Based on analysis of the Comprehensive plan, the Planning Commission finds the proposed development has more clearly demonstrated conformity and compatibility with the Comprehensive Plan since the public hearing with the Planning Commission by accommodating for the proposed project with a plan for adequate water supply and a traffic analysis as submitted for review and approved. 6 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/5/04 2. Zoning Section 3.08& 3.07 The property is located in the Comm ercial General (C /G) zone district which allows a wide variety of commercial uses. While the project is entitled "Commercial Park ", the proposal is for a subdivision of lots that are zoned for commercial uses as outlined in the CG zone district. Regarding dimensional requirements, it appears the proposed development is consistent with the parameters in the Resolution which are as follows: ➢ Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under Supplementary Regulation ➢ Maximum Lot Coverage: Seventy -five percent (75 %), except for commercial uses which shall be eighty -five percent (85 %). > Minimum Setback: (1) Front yard: (a) arterial streets: seventy -five (75) feet from street centerline or fifty (50) feet from front lot lone, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty -five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty -five (25) feet from rear lot line for lots occupied by residential uses; seven and one -half (7.5) feet for lots with no residential occupancy; (3) Side yard: Ten (10) feet from side lot line or one -half (1/2) the height of the principal building, whichever is greater. > Maximum Height of Building: Thirty -five (35) feet > Maximum Floor Area Ratio: 0.5:1 and as further provided under Supplementary Regulations. At present, the lots proposed in the subdivision are approximately 2 acres in size which complies with the minimum lot size. The property currently contains several buildings with commercial operations which are designated to remain in place on Lots 2 6. Also, this zoning requires a floor area ratio of 0.5:1. Therefore, based on a 2 acre lot (87,120 sq. ft.), the lot could be allowed 43,560 sq. ft. of floor area (which is equal to a single -story building with a 208 ft. x 208 ft. footprint. With this constraint in mind, the final lot design will be required to show how existing and future structures comply with dimensional as well as parking requirements. 7 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 y 3.07.01 Uses, by right: Commercial establishments as listed in the Zoning Resolution are allowed in this district, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot; These items are to be included as a note on the Final Plat. 3. Water The Colorado Office of the State Engineer has reviewed the proposal for the subdivision and initially found that "Due to the lack of well permits for the proposed uses, it is (their) opinion that the proposed water supply will cause material injury to decreed water rights ". The State required that the applicant resubmit the water supply plans for their review after the well permits are issued and other information noted in their letter prior to Preliminary Plan approval. Michael Erion P.E. of Resource Engineering has reviewed this proposal and had also found that there were outstanding concerns to be addressed prior to Preliminary Plan approval by the Board of County Commissioners. These items noted in his report are listed below: 1. The existing plan for augmentation in Case No. 94CW03 and the well permit No. 051461 -F are inadequate for the existing and proposed uses on Lot 1. However, the applicant has included the existing and proposed uses on Lot 1 within its West Divide Water Conservancy District contract. A new well permit should be obtained prior to any final plat approval. 2. Mr. Erion also notes that Lot 1 uses water from the Regulski Well No. 2 central water system which represents the maximum use of a system not regulated by the Colorado Department of Public Health and Environment, and only has 3 /10ths ownership in the water system. Therefore the Regulski Well No. 2 water system will be a State regulated system. Although the West Divide Water Conservancy District contract provides for Lot 1 to drill its own well, the applicant should address the requirements of Section 4.91.b 8 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 of the subdivision regulations. Evidence that an application for a public water supply system has been submitted to the State should be provided prior to any final plat approval, or otherwise drill a well on Lot 1 and disconnect from the central system prior to any final plat approval. 3. The covenants indicate that the HOA will construct the fire supply storage system. This system is a central subdivision improvement and must be designed by a registered professional engineer and should be constructed by the developer in Phase I of the subdivision. On November 29, 2004 staff received a letter from the Colorado Office of the State Engineer stating that the Applicant has obtained a "No Material Injury" determination from the State Division of Water Resources which identifies that the proposed water supply is physically adequate, so long as the Applicant obtains and maintains valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the West Divide Water Conservancy District's temporary substitute supply plan. Also, verbal communication from Michael Erion P.E. of Resource Engineering indicates that he is satisfied that the requirements of this section as noted in his initial review letter have been satisfied and written confirmation shall be submitted at the BOCC public hearing. 4. Waste Disposal The proposed subdivision is to be served by individual sewage disposal systems (ISDS) for each lot. In reviewing the proposal of domestic waste disposal by the Applicant, Mr. Erion has indicated in his report that due to the nature of the commercial development and the close proximity of individual wells and ISDS systems on each lot and adjacent lot, the ISDS systems shall be designed by a registered professional engineer and follow the location guidelines on the utility plan (sheet 3 of the engineering drawings). The covenants and a note on the final plat shall indicate that the ISDS systems will be engineered by a registered professional engineer and shall be only for domestic waste. The ISDS operation and maintenance plan for domestic waste is adequate and consistent with other subdivision approvals. County Planning staff notes that industrial and commercial wastes are not allowed to be dispersed into the above mentioned ISDS and such waste has to be captured, collected and disposed of through a Non - Discharging system. The Applicant shall submit an operation and maintenance plan which is adequate and consistent with other commercial approvals for a Non - Discharging system for the proposed subdivision 9 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals. Also, verbal communication from Michael Erion P.E. of Resource Engineering indicates that he is satisfied that the requirements of this section as noted in his initial review letter have been satisfied and written confirmation shall be submitted at the BOCC public hearing. 5. City of Rifle The City of Rifle requests that the subdivision, which lies within Rifle's watershed district, obtain a City of Rifle watershed permit(s) for all uses on all separate lots. A permit application must he filed with the city prior to any site improvements and shall be approved and then submitted to the Garfield County Building and Planning Department prior to approval of the Final Plat. Additional permits will be required for land uses locating within the subdivision as new uses are introduced or created in the future and must be submitted with any new building permits 6. Open Space There are neither open space requirements nor any open space provided as part of the proposed plan 7. Soils/ Geology/ Radioactivity As noted earlier, and based on information supplied in the application, it appears the subject property is located in an area that contains soils described as Kim loam which are deep, well drained gently to sloping soils on alluvial fans and benches. Permeability is moderate, and available water capacity is high. The Comprehensive Plan "Septic System Constraints" map shows this area to have a high water table which is also indicative of Kim Loam soils in the area. According to the HP Geotech report supplied as part of the application there appears to be significant soils and geotechnicaI hazards on the property which may prohibit development. However this can be mitigated, at their recommendation, by requiring all new development to have a site specific geotechnical study performed for each lot. A copy of each pertinent study is to be included as a part of all new building permits applications. Gamma radiation readings taken at the site, as cited by HP Geotechnical in the radiation hazard report found in the application, appear to be typical of natural background levels in the area and no mitigation of the radiation should be required. 8. Road/Access 10 Big R Commercial subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 As noted earlier, staff referred the application to Michael Erion P.E. of Resource Engineering, the Colorado Department of Transportation and the County Road and Bridge Department for comment. There are two (2) state highway access permits for the proposed project; however there are three access locations as shown on the site plan. The two permits issued in 1999 are for the eastern access (Permit # 399019) and the west access (Permit # 399020). Both of which limit traffic to uses for "General Light Industrial" that produce no more than 200 average daily trips (ADT) for each permit by CDOT. There is no access permit for the central entrance on Lot 1 which was the historical access. CDOT may require removal of this access at a future date when the the existing permits are amended. Michael Erion, has noted that the Applicant will need to demonstrate that the distance between these three access points are appropriate and approved by CDOT. The distance between the two most eastern access points is only 100 +I - Iinear feet and the ADT generated for the proposed use must be shown to not exceed the allowed usage amounts of the state access permit. Mr. Erion has also has indicated there was no traffic analysis submitted to validate the design of the proposed internal road and that it is an adequate service level. This was addressed at the Planning Commission at which time the limits of the issued access permits was discussed. Verbal communication from Michael Erion P.E. of Resource Engineering indicates that he is satisfied that the requirements of this section as noted in his initial review letter have been satisfied and written confirmation shall be submitted at the BOCC public hearing. The Road and Bridge Department stated that the proposed subdivision will be allowed to have 1 gated emergency access onto CR 221 and that all other traffic will have to enter the site on SH 6 & 24 as permitted by CDOT. Information submitted at the Planning Commission meeting by the Applicant as shown in Exhibit Q initially addressed this issue by indicating the proposed ADT is to be between 401 and 2,500. This ADT level will require that the internal road is to be built as a Minor Collector which shall meet county construction requirements. The Applicant proposes that these roads are to be privately owned and maintained by the lot owner's association. The Applicant shall be aware that Section 9:34 requires that all streets are to be dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Staff notes that school impact fees cannot be collected at the building permit stage on commercial subdivision lots; however they can be collected for all residential uses which are a use by right in this zone district. The applicant was requested to 11 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC- 12/6/04 decide prior to the preliminary plan hearing before the Board of County Commissioners if they will allow residential dwelling units. If allowed, the school impact fee would be $200.00 per unit. The applicant shall also identify which lots will not be allowed to have residential use and restrict them by covenant within the Lot Owners Association. Subsequent to the BOCC hearing the Applicant has submitted documentation which details that all lots shall be prohibited from constructing single family dwelling units. This restriction shall be detailed in the Lot Owner's Association Declaration of Covenants to be included as part of the Final Plat submittal as well as included as a plat note. The Applicant has submitted documentation which states that all lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association Declaration of Covenants. The Applicant has submitted a draft of requirement. The Final Plat "Declarations of Covenants, Conditions and Restrictions" shall be amended to provide for future residential use on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 9. Parking The Applicant shall be aware that there must be adequate parking and necessary space reserved for all proposed uses within the CG zone district. Staff requests the Applicant show appropriate parking designations for each lot on the Preliminary Plat prior to approval by the BOCC. 10. Fire Protection The Rifle Fire Protection District has recently reviewed the proposed Subdivision. The District understands that it is unknown what types of commercial occupancies will be placed on the individual lots. The proposed subdivision is within the boundaries of the Rifle Fire Protection District and fire and emergency medical services are provided by the District. In order to improve our ability to provide these services, the District makes the following recommendations: 1. A minimum of 180,000 gallons of fire protection water is needed on site. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 -PSI residual pressure. The NFPA requirements for fire flows of fire hydrants indicate a flow of a minimum of 100 PSI in order to meet the 1500- gallon per minute requirement. All pipes, pumps, etc. must meet nationally recognized standards. The District will require a pressure test of 12 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 the underground piping (200 psi for two hours) and a flow test of the pump and hydrant for final acceptance of the system. 2. The main road, as well as individual driveways, is to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 3. The access road for emergency vehicles to County Rd.221 shall have an unobstructed width of not less than 20 and unobstructed vertical clearance of 13 feet 6 inches. This access must also accommodate the heavy weights of fire apparatus during adverse weather. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. This plan review by the District has been conducted at a stage that it is difficult to identify what types of occupancies may be constructed on the individual parcels. Therefore, the minimum requirements have been specified. Additional items may become necessary depending on the type of construction and use of the buildings. 11. Drainage/Floodplain The property is not located within the 100 -year floodplain. The Applicant states that stormwater drainage will be collected and stored on the - property and released at historic rates. The proposed drainage plan appears to meet County criteria and standard engineering practices. Michael Erion P.E. of Resource Engineering has stated in his report that an erosion and sediment control plan for construction of the roads, drainage ditches and detention ponds should be developed and submitted for review by his office. This plan should include details and the location of silt fences, sediment logs, etc and submitted prior to Preliminary Plat approval. Verbal communication from Michael Erion P.E. of Resource Engineering indicates that he is satisfied that the requirements of this section as noted in his initial review letter have been satisfied and written confirmation shall be submitted at the BOCC public hearing. 12. Wildlife The Applicant has consulted with the Colorado Division of Wildlife. As per Section 4 :70(D) of the Subdivision Regulations the Applicant is to provide a "description of wildlife habitation, including big game ranges based on the mapping 13 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 practices of the ". Subsequently, the Colorado Division of Wildlife, Area Wildlife Manager, Dean Riggs has conducted a site visit of the proposed subdivision with the Applicant and found that "due to the small size and current disturbance on the property, a wildlife assessment, is not needed and the proposed development will not adversely impact wildlife" The Applicant shall implement and follow the self - described Noxious Weed Management Plan as submitted in the preliminary plan application. 13. Wetlands Mr. Erion has indicated that there does not appear to be any Section 404 permitting for the proposed project. 14. Noxious Weeds The applicant has provided a weed management plan which indicates that Russian olive trees are present on the proposed lot. The applicant shall treat and remove these trees prior to final plat. As noted earlier, the Applicant shall implement and follow the self- described Noxious Weed Management Plan as submitted in the preliminary plan application. 15. Vegetation/Revegetation As required in Section 4:57O(C) of the Subdivision regulations, the Applicant has provided a map and description of plant associations following practices of the Soil Conservation Service and has included a description of adapted materials and the location of major tree masses. There are no concerns regarding revegetation of the site. 16. Impact Fees The subdivision is for commercial use. As a result, the traffic impact fees that would normally be applied to residential subdivisions do not apply to commercial subdivisions unless the lots contain residential dwellings in the future that access to a county road. The process for that allowance in prohibited dwelling uses is outlined elsewhere in this report. 17. Utilities The Applicant has indicated that all utilities are currently provided to Lot 1. These services discussed in this section are gas and electric (Xcel Energy), and phone which are all planned to be laid in the same trench. 14 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 18. Drawings for Engineering Review Mr. Erion has noted in his report that a trench detail for pipelines was absent in the application and shall be submitted for his review prior to approval of the Preliminary Plat. Verbal communication from Michael Erion P.E. of Resource Engineering indicates that he is satisfied that the requirements of this section as noted in his initial review letter have been satisfied and written confirmation shall be submitted at the BOCC public hearing. IV. PROPOSAL HISTORY On October 13, 2004, a public hearing was held before the Garfield County Planning Commission to consider a Preliminary plan for Big R Commercial Subdivision and to make a recommendation to the Board of County Commissioners. Present with the applicant Bob Regulski Owner of Rifle Ski Corp. Were Attorneys Tom Stuver Barb Burwell, project, Chris Manera Professional Engineer for Colorado River Engineering and Brian Brown also with Colorado River Engineering. At that time there was required information that was not present; therefore, Staff was not able to recommend approval of the proposed subdivision for the 3 reasons as listed below: 1. The Colorado Office of the State Engineer has not issued a determination letter of "No Material Injury ". 2. The Applicant has not submitted detailed traffic analysis which ensures the commercial development is conducive to safe and efficient traffic flow, is capable if reducing vehicular movements and that the proposed internal road is designed for construction at a safe and adequate service level. 3. Adequate Colorado Department of Transportation access permits have not been produced to demonstrate the proposal has an adequate and complete ingress and egress scenario for the proposed development for all three access points. Therefore, Staff suggested the Applicant either; Request a continuance of the public hearing so sufficient information to satisfy the above mentioned issues can be submitted the Garfield County Building and Planning Department, or withdraw the application and resubmit the proposal in full at a later date when more information is available to allow the Planning Commission to make a fully informed recommendation to the Board of County Commissioners. The Planning Commission decided to hear this proposal minus the information Listed above and by a vote of (6) to one (1) made a recommendation of Approval to the Board of County Commissioners. 15 Big R Commercial Subdivision - Preliminary Plat PC 1011 3104. BOCC - 12/6/04 V. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is in compliance with the standards set forth in Section 4.00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; V. PLANNING COMMISSION RECOMMENDATION The Preliminary Plan for the Big R Commercial Subdivision recommendation from the Planning Commission, as noted in this report, was sent forward without vital information; specifically the Applicant had not demonstrated that a legal water supply is available. It was the Planning Commission's understanding and expectation that this information would be available prior to being sent to the BOCC. Staff has subsequently received information which satisfactorily meets the requirements of the Office of the State Engineer as discussed earlier. At this time, Staff submits this application with the recommendation from the Planning Commission that the Board of County Commissioners APPROVE the Preliminary Plan for the Big R Commercial Subdivision with the following conditions; 1. All representations of the applicant, either within the application or stated at the Planning Commission or Board of County Commissioners hearings, shall be considered conditions of approval. 2. Prior to Final Plat approval, the Applicant shall obtain and maintain valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. 16 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 3. The Applicant shall provide evidence that the water supply is sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision and shall submit this proof to the Garfield County Building and Planning Department prior to the BOCC hearing for consideration of the Preliminary Plan. 4. The Applicant shall submit an ISDS operation and maintenance plan which is adequate and consistent with other commercial approvals for a non - discharging system for the proposed subdivision prior to approval of the Final Plat. All ISDS must be designed by a Registered Professional Engineer in the State of Colorado and are for domestic waste only. An initial attempt shall be made to identify projected ISDS uses and all upgrades shall require a separate septic permit at the time of new building permit issuance. 5. The Applicant shall be required to develop a covenant prohibiting the discharge of any caustic materials or heavy metals prior to approval of the Final Plat. 6. The Applicant shall submit and gain approval of a City of Rifle Watershed Permit, and submit said permit to the Garfield County Building and Planning Department prior to BOCC approval of the Final Plat 7. The Applicant shall create a Lot Owner's Association (LOA) and covenants to address in detail all future interior road maintenance of the proposed subdivision and modifications to the approved access permits in the Colorado Department of Transportation ROW due to increases in ADT. All documentation regarding the LOA and the allocation of payment and the responsibility and how such costs will be allocated within the lot owners for the CDOT improvements of the internal road shall be submitted with the Final Plat. The interior road shall be paved and built as a minor collector, constructed as per County requirements, dedicated to the public and maintained by the Lot Owner's Association and cannot be private unless approved as such through a Planned Unit Development. Parking shall be addressed at the time of all new building permit reviews. 8. The Rifle Fire Protection District requires the Applicant shall design and install fire protection measures and provide the proposed design and cost to be detailed in the Subdivision Improvements Agreement which shall be submitted prior to Approval of the Final Plat. These measures are noted below: 1. The Applicant shall provide a minimum of 180,000 gallons of fire protection water to the proposed site. Hydrants shall be spaced a maximum of 500 feet from a structure and shall be capable of providing a minimum of 1500 gallons per minute at 20 -PSI residual pressure with a flow of a minimum of 100 PSI. All pipes, pumps, etc. shall meet nationally recognized standards. The Applicant shall perform a pressure test of the underground piping (200 psi for two hours) and a flow test of 17 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 the pump and hydrant for final acceptance of the system prior to the Final Plat approval. 2. The main internal road, as well as all individual driveways and easements shall be constructed to accommodate the heavy weight of fire apparatus during adverse weather conditions. Roadways shall be a minimum of 24 feet in width and shall be in place and accepted prior to Final Plat approval. 3. The internal access road for emergency vehicles to County Rd. 221 shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. 4. Addresses shall be posted in a conspicuous location so they are readily identifiable. 5. Each individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements. These additional items may become necessary depending on the type of construction and use of the buildings. 9. The Applicant shall implement and follow the noxious weed management plan found in the application and place this plan in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions. 10. The Applicant shall treat and remove Russian olive trees that are present on the property prior to Final Plat approval. 11 The Applicant has submitted documentation which states that all lots shall be prohibited from any dwelling uses. This restriction shall be detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" to be submitted with the Final Plat. The document will further state that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 12. All utility extensions shall be laid in the same trench. 13. The Applicant shall add these plat notes to the Final Plat: 1. "Individual City of Rifle Watershed Permits shall be required for all new uses on all lots and a copy of the current and site specific permit shall be submitted with any new applications for a building permits." 18 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 2. "The owners of all lots shall be prohibited from constructing our using any existing structures for any dwelling uses. This restriction is detailed in the Lot Owner's Association "Declarations of Covenants, Conditions and Restrictions" as submitted as part of this Final Plat. The document provides that "future residential use is possible on specific lot(s) with approval of the BOCC pursuant to a re- subdivision process including preliminary and final platting with approval of a water supply plan, payment of school impact fees, review of traffic impacts and all other review required by the land use code of Garfield County then in effect." 3. "All ISDS systems must be designed by a registered Professional Engineer." 4. "Each new individual building shall be reviewed at the building permit phase to evaluate any additional fire protection requirements and no permit will be issued without a Rifle Fire Protection District approval letter." 5. "Site specific geotechnical studies shall be conducted for individual new lot development and a copy of each pertinent study shall be included as a part of all new building permits applications." 6. "The Maximum Lot Coverage for all Commercial uses shall be eighty -five percent (85 %)." 7. "All streets are to be dedicated to the public, are not private, and shall be maintained by the Lot Owner's Association as detailed in the Declaration of Covenants." 8. "All permissible Commercial establishments in this district shall be allowed when these four (4) requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot;" (5) All lot owners shall maintain that all outdoor lighting shall by directed downward and inward. 19 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04. BOCC - 12/6/04 9. As each new Building Permit is submitted to the Garfield County Building and Planning Department, each lot owner shall also submit the most recent up -to- date "count of the actual average daily trip analysis" as required to be determined by the Lot Owners Association and approved by the Colorado Department of Transportation at various intervals throughout the development of the lots in the subdivision, as described in the Access and Utilities /CDOT Permit Compliance section of the Declaration of Covenants, Conditions and Restrictions for Big -R Commercial Park. 20 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 Exhibits for Preliminary Plan review of the Big R Commercial Subdivision for Rifle Ski Corporation, Applicant is Bob Regulski Planning and Zoning Commission Public Hearing: 10/13/04 Board of County Commissioners Public Hearing: 12/6/04 E ibit .etter; Ex a A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Review Memo: City of Rifle: H Review Memo: Colorado Division of Wildlife: I Review Memo: Colorado Dept. of Public Health and Environment J Review Memo: Colorado Div. of Water Resources: (Material Injury) K Review Memo: Garfield County Road & Bridge: L Review Memo: Garfield County Vegetation: M Review Memo: County Engineer - Resource Engineering: (Michael Erion): N Letter: Stuver, Le Moine & Burwell, P.C., Resp. to engineering comment 0 Review Memo: Rifle Fire Protection District New Information Below: Submitted at or after Planning Commission P Submittal: Stuver, Le Moine & Burwell, P.C., (Water Documentation) Q Review: Colorado Department of Transportation (Comment on Permit Status) R Submittal: Stuver, Le Moine & Burwell, P.C., (Conditions Response) S Submittal: Stuver, Le Moine & Burwell, P.0 -, (School Impact Fees) T Submittal: Colorado River Engineering, Inc., (Water Supply) U Review Memo: Colorado Div. of Water Resources: (No Material Injury) V Letter: Stuver, Le Moine & BurwelI, P.C., Resp. to ISDS comment W Letter: Stuver, Le Moine & Burwell, P.C., Resp. to road/ADT issues X Submittal: Stuver, Le Moine & Burwell, P.C., (Declaration of Covenants) 21 Big R Commercial Subdivision - Preliminary Plat PC 10/13/04, BOCC - 12/6/04 STA' 1 li OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866 -3581 FAX (303) 866 -3589 http llwww.water.state.co.us 1160 ,SAN 2 2.007 pskt :.itiLta COUNTY OU4l.UNG & F'LANhl4i�S January 22, 2007 David Pesnichak Garfield County Building and Planning 108 8th St Ste 201 Glenwood Springs CO 81601 EXHIBIT Re: Big R Commercial Park, Subdivision Revised Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Pesnichak: We have reviewed the additional information regarding the above referenced proposal to subdivide a parcel of 32.36 acres into ten commercial parcels, which under existing Commercial /General zoning can be used for a variety of uses. The applicant proposes to supply water to each lot with individual wells and to augment diversions from these wells through a contract with the West Divide Water Conservancy District. Sewage disposal is to be through individual septic systems. The submittal included a copy of the Water Supply Plan report by Colorado River Engineering, Inc., geologic maps and reports, a list of nearby existing wells (also provided by Colorado River Engineering, Inc.), and a copy of approved West Divide Water Conservancy District (the District) Water Allotment Contract No. 040518BRCP(a). The plan proposes to supply the ten Tots by individual wells to be constructed on each lot by the future lot owner. Well permits for this area have recently expired. Nine out of ten permits for the proposed wells on individual lots are no longer valid. The applicant has neither requested an extension of these permits nor applied for new permits as of the date of this letter. According to letters, dated November 1 and August 22, 2006, the revised preliminary plan has been modified to address water storage issues related to fire protection at the proposed subdivision. The proposed changes included replacing one 180,000 gallon water storage tank with two 50,000 storage tanks. David Pesnichak January 22, 2007 Big R Subdivision Based on the above, it is our opinion, pursuant to CRS 30- 28- 136(1)(h)(I), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights, so long as the applicant obtains and maintains valid well permits for the proposed wells pursuant to a court approved plan for augmentation or pursuant to the District's temporary substitute supply plan. If you or the applicant has any questions concerning this matter, please contact me for assistance. Mark anarelli, PE, PG, PHG, BCEE Water Resources Engineer cc: Alan Martellara, Division Engineer James Lemon, Water Commissioner, District 39 STUVER, LEMOINE & CLIFTON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, CO 81650 RECEIVED JAN 25200? BUILDING LD N PLANNING TRANSMITTAL LETTER EXHIBIT TELEPHONE 970- 625 -1887 FAX 970 - 625 -4448 [DATE: January 25, 2007 TO: David Pesnichak, Senior Planner Garfield County Building and Planning ***HAND DELIVERD **** RE: Big R Commercial Park DOCUMENTS SUBMITTED X Copy Well Extensions TRANSMITTED: For Your Use OTHER MESSAGE: Very truly yours, STUVER, LeMOINE & CLIFTON, P.C. By: ,; Barbara L. ('Tifton BLC:pac Enclosure Form No, { GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg_, 1313 Sherman St., Denver, Colorado 80203 (303) 8663581 BiG R ENTERPRISES LLC C/O ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO USE AN EXISTING WELL EXST WELL. PERMIT NUMBER 63783 -F DIV. 5 WD 39 DES. BASIN MD J Lot: 10 Block. Filiing•. Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2571 Ft. from South 1353 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone•.13,NAD83.) Fasting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITLONS OF APPROVAL, This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. Construction details for this existing well have not been provided to this office; therefore, it is not known if the construction of this well is in compliance with the Water Well Construction Rules, 2 CCR 402 -2. The issuance of this permit does not relieve the well owner of responsibility or liability In the event contamination of the groundwater source results from the construction or use of this well, no does the State Engineer assume any responsibility or liability should contamination occur. Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan. approved by the State Engineer, Is In effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #040518BRCP(a). Approved for the installation of a pump in, and the use of, an existing well, constructed on an unknown dale, to an unknown depth, under permit no. 170888 (expired). Issuance of this permit hereby expires permit no. 170888. Approved as a well on a tract of land of 2.33 acres described as that portion of the NW 1/4 of the SE 114, Sec. 11. Twp. 6 South, Rng. 93 West, 6th P.M., further identified as lot no. 10, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650. The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre - foot); the Irrigation of not more than 8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre - foot): and outside vehicle washing (0.22 acre - fool). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation Is in effect. This well is known as Big R Lot 10 Well. The pumping rate of this well shall not exceed 25 GPM. The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system in which the well is located. The owner shalt mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A Totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant, except permit no. 51899 -F, decreed as Regulski Well no. 2, Division 5 Water Court, case nos. 94CW003 and 00CW104, 600 foot spacing statement was submitted. NOTE: Parcel Identification Number (PIN): 23-2177-111-00-475 NOTE: Assessor Tax Schedule Number, R005064 (totaling 28.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW Receipt No. 95023331 1.� State Engineer By DATE ISSUED 01-05 -2006 EXPIRATION DATE 01 -05 -2007 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866 -3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: 6 37 3-F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to .actkka/y S, Zd ag . A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. 11i)I Owens Governor Russell George Executive Director Hai D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS -31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1 -12 07 By: kdr- Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St„ Denver, Colorado 80203 (303) 866 -3581 APPLICANT BIG R ENTERPRISES LLC CIO ROBERT REGULSKI PO BOX 9 RIFLE, CO 61650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63782 - F DIV. 5 WD 39 DES. BASIN MO Lot: 9 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2062 Ft. from North Section Line 1421 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NADB3) Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) s) 19) 11) ISSUANCE OF THiS PERMIT DOES NOT CONFER A WATER RIGHT 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 this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a cavil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the weir shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #040518BRCP(a). Approved as a well on a tract of land of 2.45 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93 West, 6th P.M., further identified as lot no. 9, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650, The use of ground water from this well Is limited to commercial purposes inside one (1) unit (0.20 acre - foot); the irrigation of not more than 8,000 square feet (0.164 acre) of lawns and garden 0.53 acre - foot); outside vehicle washing (0,22 ace- foot); and tire protectionfstorage (0.55 acre-foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. Thls well is known as big R Lot 9 Weil. The pumping rate of this well shall not exceed 25 GPM. The annual amount of ground water to be appropriated shall not exceed 1.51 acre -feet (492,034 gallons). The return flow from the use of this well must be through an Individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system in which the well Is located. The owner shall mark the welt in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant, except permit no. 61899 -F, decreed as Regutski Well no. 2, Division 5 Water Court, case nos. 94CW003 and OOCW104, 600 foot spacing statement was submitted. NOTE: Parcel Identification Number (PIN): 23- 2177 -111- 00-475 NOTE_ Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW `Receipt No. 9502333H State Engineer DATE ISSUED 01 -05 -2006 By EXPIRATION DATE 01 -05 -2007 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866 -3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: 6 7 g 2 -F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to 71tioot.../ S j 2 m o g A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owen Governor Russell George Executive Director Hal D. Simpson, PE. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS -31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1- 2 z °7 By: Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St„ Denver. Colorado 80203 (303) 866-3581 BIG R ENTERPRISES LLC C/O ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63781 - F DIV. 5 WD 39 DES. BASIN MD Lot: 8 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1464 Ft. from North Section Line 1511 Ft. from East Section Line UTM COORDINATESJMeters ,Zone:13,NAD83) Easting: Northing; ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water Tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment Contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract +0405188RCP(a). 4) Approved as a well on a tract of land of 2.87 acres described as that portion of the SW 1/4 of the NE 114, Sec. 11, Twp. 6 South, Rng. 93 West, 6th P.M., further identified as lot no. 8, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650. 5) The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre- foot); the irrigation of not more than 8,000 square feel (0.184 acre) of lawns and gardens (0.54 acre - foot); and outside vehicle washing (0.22 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 8 Well. 6) The pumping rate of this well shall not exceed 25 GPM. 7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). 6) The return flow from the use of this well must be through an individual waste water disposal system al the non- evaporative type where the water is returned to the same stream system in which the well is located. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer. that is not owned by the applicant. NOTE; Parcel Identification Number (PIN): 23 -2177- 111 -00-475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 PO 6 APPROVED DMW Receipt No. 95023330 State Engineer By DATE ISSUED 01 -05 -2006 EXPIRATION DATE 01 -05 -2007 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: 6 37 g I -F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to 7gbitotey i- 2mo� A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(1)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. 8ill Owens Governor Russell George Executive Director Hal D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS-31 - Well Construction and Test Report GWS -32 — Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1 "2.2'07 By: Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si. . Denver, Colorado 80203 (303) 866 -3581 BIG R ENTERPRISES LLC C/O ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63780 -F DIV. 5 WD 39 DES. BASIN MD Lot: 7 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1513 Ft. from North Section Line 1511 Ft. from East Section Line UTM COORDINATES (Meters,2one:13,NAD83), Easting: Northing: ) ) ) } } ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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 this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is In effect, or under an approved plan for augmentation. WDWCD contract #040518BRCP(a). The Issuance of this permit hereby cancels permit no. 60607. Per review of this permit application it was noted that the old well, permit no. 60607 does not exist. Proof must be submitted showing that no health or safety hazards exist and that the old well has been plugged In accordance with Rule 16 of the Water Well Construction Rules within sixty (60) days of completion of the new wall. The enclosed Well Abandonment Report form must be completed and submitted to affirm That the old weft was plugged. Approved as a well on a tract of land of 2.03 acres described as that portion of the SW 1/4 of the NE 114, Sec, 11, Twp. 6 South, ling. 93 West, 6th P.M., further identified as lot no. 7, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address! 28485 Highway 6 & 24, Rifle, CO 81650. The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre - foot); the irrigation of not more than 8,000 square feel (0.184 acre) of lawns and gardens (0.54 acre- foot); and outside vehicle washing (0.22 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 7 Well. T) The pumping rate of this well shall not exceed 25 GPM. 8) The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). 9) The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water Is returned to the same stream system in which the well is located. 10) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 12) This well shall be located not more than 200 feet from the location specified on this permit and at feast 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant. NOTE: Parcel Identification Number (PIN): 23 -2177- 111 - 00-475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 af�s -�ov6 APPROVED DMW Receipt No. 9502333F State Engineer DATE ISSUED 01 -05 -2006 By XPIRATION DATE 01 -05 -2007 STATE OF COLORADO OfFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 866 -3589 www.waterstate.co.us NOTICE Well Permit Number: 6 37 F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to S' 4 Z(9 e) A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owens Governor Russell George Executive Director Hal D. Simpson, N.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS-31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on ^ a 2 °7 By: Air Form No. OFFICE OF THE STATE ENGINEER GWS -25 APPLICANT COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 BIG R ENTERPRISES LLC C/O ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) LIC WELL PERMIT NUMBER 63779 -F DIV. 5 WD 39 DES. BASIN MD t Lot: 6 Bock: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LiNES 1710 Ft. from North Section Line 1580 Ft. from East Section tine UTM COORDfNATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RiGHT 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 this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37- 90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #040518BRCP(a). Approved as a well on a tract of land of 2.01 acres described as that portion of the SW 114 of the NE 114, Sec. 11, Twp. 6 South, Rng. 93 West. 6th P.M., further identified as lot no. 6, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650. The use of ground water from this well Is limited to commercial purposes inside one (1) unit (0.2 acre - foot); the irrigation of not more than 8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre - foot); and outside vehicle washing (0.22 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is In effect. This well is known as Big R Lot 6 Well. The pumping rate of this well shall not exceed 25 GPM. The annual amount of ground water to be appropriated shall not exceed 0.96 acre-feet (312,816 gatlons). The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system in which the well is located. The Owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on this welt and maintained in good working order. Permanent records of at' diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shall be located not more than 2130 feet from the location specified on this permit and al least 600 feel from any existing welt, completed in the same aquifer, that is not owned by the applicant. NOTE: Parcel Identification Number (PIN): 23- 2177 - 111 -00-475 9t-t NOTE: Assessor Tax Schedule Number: R005064 (totaling 26.47 acres) O!e<er S-.2: G%6 Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW ,Receipt No. 9502333E State ngineer By DATE ISSUED 01 -05 -2006 EXPIRATION DATE 01-05-2007 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 0031 866-3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: ( 37 71' - F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to .7axtc *' S , 2m b g A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37-90-137(3)(a)(1)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owens Governor Russell George Executive Director Hal D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs /wellforms.asp These forms are: GWS --31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1- °7 By: Form No. - GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866.3581 BIG R ENTERPRISES LLC CIO ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63778 -F DIV. 5 WO 39 DES. BASIN MD Lot: 5 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1805 Ft. from North 1588 Ft. from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action, 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir Is in effect, or under an approved plan for augmentation. WDWCD contract #040518BRCP(a ). 4) Approved as a well on a tract of land of 2.0 acres described as that portion of the SW 114 of the NE 1/4, Sec. 11, Twp. fi South, Rng. 93 West, 6th P.M., further Identified as lot no. 5, Blg R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 8 24, Rifle, CO 81650. 5) The use of ground water from this well is limited to commerdal purposes inside one (1) unit (0.2 acre - foot); the irrigation of not more than 8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre- foot); and outside vehicle washing (0.22 acre - fool). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 5 Well. 6) The pumping rate of this well shall not exceed 25 GPM. 7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). 8) The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system In which the well is located. 9) The owner shall mark the well In a conspicuous place with well permit nurber(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing Flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant, except permit no. 51899 -F, decreed as Regulski Well no. 2, Division 5 Water Court, case nos. 94CW003 and 00CW104, 600 foot spacing statement was submitted. �r NOTE: Parcel Identification Number (PIN): 23 -2177- 111 -00 -475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) o /. /..<7 6. Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW ,,Receipt No. 9502333D State Engineer By EXPIRATION DATE 01 -05 -2007 , DATE ISSUED 01 -05 -2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 003) 866-3581 FAX 1303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: 6 37 7 S- F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to "i"q,ithivy S, 2-06W . A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owens Governor Russell George Executive Director Hal D Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs /wellforms.asp These forms are: GWS-31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on - 2Z'D7, By: Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 BIG R ENTERPRISES LLC CIO ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625-2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63777 -F DIV. 5 WO 39 DES. BASIN MD Lot: 4 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 5 Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2062 FI. from North Section Line 1510 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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 this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. Approved pursuant to CRS 37- 90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued! Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #1040518BRCP(a). Approved as a well on a tract of land of 2.0 acres described as that portion of the SW 1/4 of the NE 1/4, Sec. 11, Twp. 6 South, Rng. 93 West, 6th P.M., further identified as lot no. 4, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81550. The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre - foot); the irrigation of not more than 8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre - foot); and outside vehicle washing (0.22 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 4 Well. The pumping rate of this well shall not exceed 25 GPM. The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is returned to the same stream system in which the well is located. The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. This well shall be located not more than 200 feet from the Location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant, except permit no. 61899 -F, decreed as Regulski Well no, 2, Division 5 Water Court, case nos. 94CW003 and OOCW104, 600 foot spacing statement was submitted. NOTE: Parcel Identification Number (PIN): 23- 2177- 111 - 00.475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 25.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 } APPROVED DMW 4..-(:9:4"' /oa 6 tReceipt No. 9502333C State Enr1neer By EXPIRATION DATE 01 -05 -2007 DATE ISSUED 01 -05 -2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 866 -3589 www.water.state.co.us Well Permit Number: 77- F NOTICE Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to 701,1k4// s, ZoOW A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owens Governor Russell George Executive Director Hal D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS --31 - Well Construction and Test Report GWS -32 - Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1 -2Z• °? By: 11. Form No. OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GWS -25 APPLICANT BIG R ENTERPRISES LLC C/0 ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LIC WELL PERMIT NUMBER 63776 -F DIV. 5 WD 39 DES. BASIN MD Lot: 3 Block: Filing: Subdly: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2103 Ft. from North Section Line 1510 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District Mr the release of replacement water from Ruedl Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #040518B RCP(a). 4) Approved as a well on a tract of land of 2.0 acres described as that portion of the SW 1/4 of the NE 1/4. Sec. 11, Twp. 6 South. Rng. 93 West, 6Ih P.M., further Identified as lot no. 3, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650. 5) The use of ground water from this well is limited to commercial purposes inside one (1) unit (0.2 acre- foot); the irrigation of not more than 8,000 square feet (0.184 acre) of lawns and gardens (0.54 acre - foot); and outside vehicle washing (0.22 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect, This well is known as Big R Lot 3 Well, 6) The pumping rate of this well shall not exceed 25 GPM. 7) The annual amount of ground water to be appropriated shall not exceed 0.96 acre -feet (312,816 gallons). 8) The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water Is returned to the same stream system in which the well is located. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be Installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant, except permit no. 61899 -F, decreed as Regulski Well no. 2, Division 5 Water Court, case nos. 94CW003 and 00CW104, 600 foot spacing statement was submitted. NOTE: Parcel Identification Number (PIN): 23- 2177- 111 - 00-475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW zA State Engineer Receipt No. 9502333B DATE ISSUED 01 -05 -2006 By EXPIRATION DATE 01 -05 -2007 1 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866 -3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Permit Number: 6 3776 - r Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to "a4Kkivi s, 20) oW . A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37-90-137(3)(a)(1)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Owens Governor Russell George Executive Director Mal D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs/wellforms.asp These forms are: GWS --31 - Well Construction and Test Report GWS -32 — Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1 "22'07 By: 4 er Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centenniat Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866.3581 BIG R ENTERPRISES LLC C/O ROBERT REGULSKI PO BOX 9 RIFLE, CO 81650- (970) 625 -2410 PERMIT TO CONSTRUCT A WELL LtC WELL PERMIT NUMBER 63775 -F DIV. 5 WO 39 DES. BASIN MO Lot: 1 Block: Filing: Subdiv: BIG R COMMERCIAL PARK APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 NE 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2530. Ft. from North 1558 Ft, from East Section Line Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of This permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors In accordance with Rule 18. 3) Approved pursuant to CRS 37 -90- 137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract ##040518BRCP(a)_ 4) Approved as a well on a tract of land of 8,91 acres described as that portion of the SW 114 of the NE 114, Sec. 11, Twp. 6 South. Rng. 93 West, 6th P.M., further Identified as lot no, 1, Big R Commercial Park, Garfield County, more particularly described on the attached exhibit A. Physical well address: 28485 Highway 6 & 24, Rifle, CO 81650. 5) The use of ground water from thls well is limited to commercial purposes inside six (6) units (0.81 acre- foot): the irrigation of not more than 18,000 square feet (0.413 acre) of lawns and gardens (1.20 acre - foot): and outside vehicle washing (1.34 acre - foot). All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Big R Lot 1 Well. 6) The pumping rate of this well shall not exceed 25 GPM. 7) The annual amount of ground water 10 be appropriated shall not exceed 3.35 acre -feet (1,091,597 gallons). 8) The return flow from the use of this well must be through an individual waste water disposal system of the non - evaporative type where the water is retumed to the same stream system in which the well Is located. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on this well and maintained In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) Thls well shall be located not more than 200 feet from the location specified an this permit and at least 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant, except permit no. 61899 -F, decreed as Regulski Well no. 2, Division 5 Water Court, case nos. 94CW003 and O0CW104, 600 foot sparing statement was submitted. NOTE: Parcel identification Number (PIN): 23-2177-111-00-475 NOTE: Assessor Tax Schedule Number: R005064 (totaling 28.47 acres) r .2ad6 Permit Expiration Date Extended to January 5, 2008 AOT 1 -22 -07 APPROVED DMW Receipt No. 9502333A �-. Stale Engineer By EXPIRATION DATE 01 -05 -2007 DATE ISSUED 01 -05 -2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866 -3581 FAX (303) 866 -3589 www.water.state.co.us NOTICE Well Pennit Number: 37 7 " F Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. You are hereby given notice that the State Engineer has approved an extension of one year to .i.itmtvvy S�.1 20 A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statute 37- 90- 137(3)(a)(I)(B), additional extensions cannot be approved. Proof of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their respective reports affirming construction of the well and the installation of pumping equipment. Bill Ovens Governor Russell George Executive Director Hal D. Simpson, P.E. State Engineer Well owners who wish to construct their own well and/or install pumping equipment must first successfully complete an examination prescribed by the Board of Examiners of Water Well Construction and Pump Installation Contractors as well as submit these reports upon completion of the construction and/or installation. Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www. water .state.co.us /pubs /wellforms.asp These forms are: GWS-31 - Well Construction and Test Report GWS -32 — Pump Installation and Test Report If you have any questions, please contact the Ground Water Information Desk at (303) 866 -3587 between the hours of 9:00 AM and 4:00 PM Monday through Friday. Sent to owner on 1- 2-2 ° 7 By: David Pesnichak 1 EXHIBIT From: Matt Sturgeon [rnsturgeon @rifleco.org) Sent: Monday, January 29, 2007 2:50 PM To: David Pesnichak Cc: Daniel.Roussin@DOT.STATE.CO.US; Jim.Nall @DOT.STATE.CO.US; Ed Green; Bill Sappington; Charlie Stevens Subject: Big R Commercial Park Preliminary Plan Attachments: Matt Sturgeon.vcf Matt Sturgeon.vcf (578 B) David, The City of Rifle will require a watershed permit prior to any site development occurring.. The City will evaluate drainage, land use as it relates to water quality /storm water reaching the Colorado, etc. Please don't allow construction,of infrastructure or buildings to ensue without proof of a watershed permit from the City. As far as the subdivision specifically, the City does not object to the subdivision. However, we would like to point out that the subject subdivision will have a direct impact to intersections within the City of Rifle and feel the developer should be contributing to the off -site street impact fees the City is currently collecting for said improvements. We would hope CDOT would require a traffic study that would evaluate said impacts when issuing an Access Permit as they are hitting Rifle hard with costs of said improvements. Undoubtedly a study will show truck traffic impacting Hwy 13 /Railroad; I -70 /Hwy 13; Silt intersection. I'm copying CDOT re this issue so CDOT better understands our frustration with having to pay for everyone using Hwy 13/I70 interchange. I hope you will mention this to the County Commissioners who also felt no need to contribute funds to the 1 -70 round -a -bout project. Regards, Matt Sturgeon, Asst. City Manager City of Rifle, Colorado 970 -625 -6224 970- 625 -6268 (fax) msturgeon @rifleco.org www.rifleco.org 1