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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.10.2008.pdfBOCC Exhibits (11/10/2008) — Herons Nest RV Park— (Camper Park) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application _ F Email from Burning Mountain Fire Protection District, dated May 28th, 2008 G Memo from Burning Mountain Fire Protection District, dated July 15th, 2008 H Memo from Division of Water Resources, dated May 12th, 2008 I Memo from Resource Engineering, (GarCo Consulting Eng), dated May 28th, 2008 J Memo from Jim Rada of the Garfield County Public Health Department dated May 22n1, 2008 K Email from Mark Kadnuck of the Colorado Department of Public Health and Environment (CDPHE) dated May 13th, 2008 L Email from Colorado Department of Transportation, dated May 5th, 2008 M Email from Town of Silt, Community Development Director, dated May 22h", 2008 N Email from Division of Water Resources, Cynthia Love, dated October 6th, 2008 0 Email from Jim Rada, GarCo Public Health Department, dated November 5th, 2008 P Email from Mark Kadnuck of the Colorado Department of Public Health and Environment dated October 31th, 2008 Q CDOT State Highway Access Permit, dated September 2008 0 ;id, foi-Y BOCC 11/10/2008 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit (SUP) SUMMARY OF REQUEST: The Applicant requests a SUP for a "Camper Park" in the Al zone district PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: Simon Casas and Genobeva Lopez t' 6)4 Adjacent to the Town of Silt, CO. ti 27.468 acres CR 32958 River Frontage RoadAkU r Al (Agricultural/Industrial) I. BACKGROUND i 1 \ The Existing Herons Nest RV Park is subject to Special Use Permit N. 1978 -147. -The park is permitted for thirty-eight (38) camper spaces and thirty-two (32) tent spaces. -"When the Applicant purchased the property the park was operating out of compliance. Without obtaining approval, a previous owner added an additional eighteen (18) camper spaces bringing the total spaces on-site to fifty-six (56). II. DESCRIPTION OF THE PROPOSAL The Applicant is proposing to expand an existing "Camper Park" to accommodate a total 76 camper spaces. Tents will only be allowed in designated camper spaces. Independent tent camping will not be allowed. Please see the definitions below from Section 2.00 of the Zoning Resolution which are relevant to this application: 2.02.11 Camper Park: Any lot which has been designed, improved or used for the parking of two (2) or more camper vehicles and/or tent campers for human habitation. 2.02.12 Camper Space: A plot of ground within a camper park designed for accommodation of one (1) camper vehicle or tent. 2.02.13 Camper Vehicle or Trailer: Any vehicle or portable structure designed to be transported on, or towed behind, a vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower. III. SITE DESCRIPTION The 27.468 -acre property is located adjacent to the Town of Silt and north of the Colorado River. Access is provided via Colorado Department of Transportation right-of-way. A portion of the subject property is situated within the 100 year flood -plain. The Applicant currently has a Technically Incomplete Administrative Flood -Plain Permit application submitted to the Building and Planning Department. Staff has included a condition of approval requiring the Applicant obtain an approved flood -plain permit prior to the issuance of the requested Special Use Permit. PARCEL B AMENDED KEITHLEY EXEMPTION 2 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 IV. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. Town of Silt: See Exhibit M (May 22"d, 2008) The town of Silt has no significant comments to offer on this project, other than the water consumption rate. Has there been any comparison or analysis to determine if 100 gpd /unit is realistic? Seems that water consumption for a family of four in a RV would consume as much water as a family of four at home. They still need to do the wash, take showers, and use the bathrooms. Just a thought. b. Burning Mountain Fire Protection District: See Exhibit M (April 16, 2008) I have reviewed and met with Janet Aluise and Simon Casas in reference to the RV Park, and the following is my comments. 1. The applicant shall install a minimum of 10, 000 gallon water storage tank for fire suppression in the RV Park. This storage tank shall be filled and accessible at all times and shall have a dry hydrant installed to draft the water from tank. The dry hydrant can be a PVC riser and an underground gate valve, with shut off key attached. The riser shall have a 6" national standard thread female adaptor with a plug. The riser shall be within 9' of existing roadway and shall be field located by Fire Marshal and owners. 2. Fire extinguishers shall be installed as required by NFPA 1194 to be no more than 100' travel distance from anywhere within the park. The fire extinguisher rating shall be no less that 2A 20BC type extinguisher. Fire extinguishers shall be installed in accordance with NFPA 10. 3. If propane is used by RV's and propane tanks are not mounted to RV units, then any separate propane tanks shall be kept a minimum of 10 feet from combustible materials and RV units. 4. NFPA 1194 requires the following for RV parks: A. Employee training in the event of an emergency B. A posted evacuation plan C. Posted fire regulations a. Telephone information for calling in an emergency(911) b. Address and telephone number of the RV park c. Location of nearest public telephone 5. Any campfire structures or pits shall be reviewed by the Fire Marshal. 3 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 D c. Colorado Department of Public Health and Environment: See Exhibit P (October 315t, 2008) Based on a detailed review of flow data for potable water at the Heron's Nest RV Park, additional discussion with the project engineer and a site visit conducted on 10/28/08, the expansion to 76 spaces looks acceptable with two conditions. First, the site visit indicated that the northwest leachfield was not operating properly as it had standing water on the southwest corner and what appeared to be some differential settling. The integrity of this leachfield must be evaluated and repaired if necessary prior to expansion. Second, flows from the potable water system and flows to the two septic systems must continue to be monitored to ensure that flows remain balanced and less than 2,000 gal/day to each septic system. If you have any additional questions feel free to call. d. Colorado Division of Water Resources: See Exhibit N (October 6th, 2008) I just spoke with Janet Aluise regarding the above -referenced proposal, and she clarified that the amended West Divide WCD contract will be included in the District's umbrella augmentation plan, therefore it will not be necessary for the applicant to amend the plan for augmentation decreed in 05CW42. They will submit an application to our office to change the use of Well No. 2. Please contact me if you have any questions or need additional information. Cynthia Love Water Resource Engineer CO Division of Water Resources 1313 Sherman St Rm 818 Denver, CO 80203 303-866-3581 303-866-3589 fax e. Garfield County Public Health Department: See Exhibit 0 (November 5th, 2008) In addition to Mark's (Kadnuk CDPHE-WQCD) recommendations, I offer the following: yh� 1. A thorough evaluation of the northwest leach field must be completed and any f�k necessary repairs to said leach field be completed undera permit from the Garfield County Building Department before the SUP is approved. 2. A licensed Professional Engineer shall evaluate the flows of both ISDS effluent y pumping systems to determine flow rates, as close as possible, to each leach field. 3. The applicant and any future owners shall continue to aintain record Jof daily potable water use and ISDS effluent pump volumes. 4. The applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified wastewater treatment plant operator to conduct routine 4 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 r s" inspection and maintenance of the wastewater system. A report of routine inspections and maintenance activity shall be maintained with other system records. \' (NOTE- I'm not completely sure if the certified operator requirement can be applied L,'A to the wastewater systems as this is not a regulatory requirement of the ISDS Regulations. If not, then I recommend that a qualified licensed PE be retained to evaluate the system at least twice a year.) 5. The applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified water treatment plant operator to conduct routine inspection and maintenance of the drinking water system. A report of routine inspections and maintenance activity shall be maintained with other system records. 6. A letter from a professional engineer certifying must be submitted prior to SUP approval that modification and/or upgrades to the iSDS has been completed in accordance with the plans and specifications of the SUP application and an explanation that sewage flows are balanced to the maximum extent possible. 7. At any time potable water flows average greater than 4000 gallons per day overa 30 day period, the owner shall immediately report this information accompanied by the concurrent wastewater flow information, to the Garfield County Building and Planning Department and the Colorado Department of Public Health and Environment, Water Quality Control Division for evaluation. Let me know if I can be of further assistance. Thanks for the opportunity to participate in this effort. Jim Rada, REHS Environmental Health Manager Garfield County Public Health V. REVIEW STANDARDS Special Uses for Camper Parks are subject to the standards in Section 5.02 and Section 5.03 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding 1) Water: The park is currently served by an approved Colorado Department of Public Health and Environment Transient Non -Community water system. It consists of 4,000 gallons of storage. In addition to the 4,000 gallon storage an additional 10,000 gallon storage tank will be constructed to serve as fire protection storage. 2) Sanitation and Wastewater: The subject property is currently served by two Individual Sewage Treatments Systems. The Applicant has provided water usage and wastewater treatment date for the existing systems. The data was reviewed by both, Mark Kadnuck, Colorado Department of Public Health and Environment and Jim Rada, Garfield County Environmental Health 5 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 Department. It has been determined that the existing system is adequate for the proposed expansion with the following conditions: 1. The northwest leach field was not operation properly during a site visit conducted. Therefore, the integrity of the leach field must be evaluated and repaired if necessary prior to the issuance of a Special Use Permit; 2. A licensed professional engineer shall evaluate the flows of both ISDS effluent pumping systems to determine flow rates to each leach field, and an engineers statement demonstrating flow rates to the two leach fields shall be provided prior to the issuance of a Special Use Permit; 3. The flows from the potable water system and flows to the two septic systems must continue to be monitored to ensure that flows remain balanced and less than 2,000 gal/day to each septic system; 4. The Applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified wastewater treatment plan operator to conduct routine inspection and maintenance of the wastewater system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon request; 5. The Applicant and any future lot owners shall retain a qualified professional engineer or a minimum Class D certified water treatment plant operator to conduct routine inspection and maintenance of the drinking water system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon request; 6. A letter from a professional engineer certifying that modification and/or upgrades to the ISDS have been completed in accordance with the plans and specifications of the Special Use Permit application and explanation that sewage flows are balanced to the maximum extent possible; 7. At any time potable water flows average greater than 4,000 gallons per day over a 30 day period, the owner shall immediately report this information accompanied by the concurrent wastewater flow information, to Garfield County Building and Planning and Colorado Department of Public Health and Environment, Water Quality Control Division. - Fire Protection: The Application represents the construction of a 10,000 gallon domestic water storage tank with a heated pump station bringing the total water storage on the subject property to 14,000 gallons. The new storage tank will include a fire district water connection as required by the District. Fifteen (15) 2A20BC fire extinguishers will be located on the subject property. The extinguishers will be located no more than one hundred (100) feet from any camper space. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The subject property is accessed via Colorado Department of Transportation right-of- way. A State Highway Access Permit has been issued. The applicant is not required to complete any improvements. 6 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, fighting and signs in such a manner as to protect established neighborhood character; Staff Finding The Subject property is an existing camper park. Adjacent properties include a residential parcel located outside of the Town limits and an industrial parcel within the Town, owned and operated by the owner the residential parcel. VI. SECTION 5.02 REQUIREMENTS FOR CAMPER PARKS 5.02.05 Site Plan for Mobile Home Park and Camper Park; General Requirements: (1) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well -drained site, graded for rapid drainage and free from stagnant pools of water; (3) Layout: the applicant shall also show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all mobile home spaces, camper spaces and any included service buildings. Commercial facilities included or proposed as part of a park shall be principally devoted to serving occupants of said park. The Application is in compliance with Section 5.02.05 5.02.07 Site Requirements Applicable Only to Camper Parks: (1) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; (2) Camper Spaces: (B) The area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and parking spaces. The minimum on -center distance between campers or trailers shall be twenty (20) feet; 7 Herons Nest RV Park — Camper Park Special Use Permit BOCC 11/10/2008 (3) Driveways: All camper spaces shall abut upon a driveway graded for drainage and maintained in a rut -free and dust -free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. Following review of the proposed Road Layout, it appears that these requirements are met. 5.02.08 Water Supply and Distribution; General Requirements: (1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and Camper Park. Where a municipal supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When such a municipal water supply is not available, a central water supply system may be developed and used if it meets standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source; (3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; (4) Water Distribution System: (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water; (B) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Health Officer; (C) The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply; (0) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines; (E) Underground stop and waste valves shall not be installed on any water service. The Applicant currently has an approved Transient Non -Community Water System. -8- Herons Nest RV Park Special Use Permit BOCC 11/10/2008 5.02.10 Water Supply and Distribution Requirements Applicable Only to Camper Parks: (1) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (8) Water -riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three- quarter (3/4) inch; (C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (D) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; (3) Watering Stations: (A) Each camper vehicle or trailer parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; As represented the Applicant's proposal is in compliance with this section. 5.02.11 Fire Protection; General Requirements: Provisions shall be made forgiving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to -9- Herons Nest RV Park Special Use Permit BOCC 11/10/2008 the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with a garden hose stream; (8) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator; (C) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. The Applicant has met these requirements and is working with Burning Mountain Fire Protection District to comply with their recommendations regarding fire protection. 5.02.13 Sewage Disposal; General Requirements: An adequate sewage system shall be provided in each mobile home park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall maintain a minimum horizontal_ separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by state or local laws and shall meet design criteria of the Colorado Department of Health; (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Department of Health. 5.02.15 Sewage Disposal Requirements Applicable Only to Camper Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a vertical position; (B) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one- eighth (1/8) inch per foot. All joints shall be watertight; - 10 - Herons Nest RV Park Special Use Permit BOCC 11/10/2008 (C) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (D) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser; (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface. The Applicant shall comply with the requirements of Colorado Department of Public Health — Water Quality Division and Garfield County Environmental Health Department regarding wastewater. 5.02.16 Electrical Distribution and Communication Wiring: Each mobile home park shall, and each camper park may, contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained; All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. The Applicant understands the above mentioned requirements. 5.02.19 Supervision; General Requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site; (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. Herons Nest RV Park Special Use Permit BOCC 11/10/2008 The Applicant understands the above mentioned requirements. 5.02.20 Miscellaneous Regulations Applicable Only to Camper Parks: (1) The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County. (2) Travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. Staff has included these regulations as recommended conditions of approval. VII. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the requested Special Use Permit allowing the expansion of an existing Camper Park to a total of seventy-six (76) camper spaces with the following conditions: v rc 1. That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The northwest leach field was not operating properly during a site visit conducted. Therefore, the integrity of the leach field must be evaluated and repaired if necessary prior to the issuance of a Special Use Permit; 3. A licensed professional engineer shall evaluate the flows of both ISDS effluent pumping systems to determine flow rates to each leach field, and an engineers statement demonstrating flow rates to the two (2) leach fields shall be provided prior to the issuance of a Special Use Permit; \J The flows from the potable water system and flows to the two septic systems must continue to be monitored to ensure that flows remain balanced and less than 2,000 gal/day to each septic system, accurate records shall be maintained and made available to Garfield County upon request; 5. The Applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified wastewater treatment plan operator fo conduct routine inspection and maintenance of the wastewater system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon request; 6. The Applicant and any future lot owners shall retain a qualified professional engineer or a minimum Class D certified water treatment plant operator to conduct routine inspection and maintenance of the drinking water system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon - 12 - Herons Nest RV Park Special Use Permit BOCC 11/10/2008 request; 7. A letter from a professional engineer certifying that modification and/or upgrades to the ISDS have been completed in accordance with the plans and specifications of the Special Use Permit application and explanation that sewage flows are balanced to the maximum extent possible; 8. At any time potable water flows average greater than 4,000 gallons per day over a 30 day period, the owner shall immediately report this information accompanied by the concurrent wastewater flow information, to Garfield County Building and Planning and Colorado Department of Public Health and Environment, Water Quality Control Division; 9. The camper park is limited to seventy-six (76) camper spaces; 10. Tents are only allowed within a designated camper space; 11. The camper park shall comply with all applicable Garfield County zoning regulations at all times; 12. All proposed improvements, including but not limited to utility expansion and fire protection requirements shall be constructed prior to the issuance of a Special Use Permit; 13. The camper park is limited to the existing fifty-six (56) camper spaces and shall not exceed this occupancy requirement until a Special Use Permit has been issued; 14. The Applicant shall obtain an approved Administrative Flood -Plain Permit rior to the issuance of the Special Use Permit; 15. The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County; 16. The Applicant shall comply with all recommendations from Burning Mountain Fire Protection District identified in Exhibit J; (1,- C47 of AA/ 1,),4-04,,d - 13 - Herons Nest RV Park Special Use Permit BOCC 11/10/2008 Craig Richardson From: orrin.moon@burningmountainsfire.org Sent: Wednesday, May 28, 2008 2:52 PM To: Craig Richardson Subject: Herons Nest RV Park Craig: I have made a couple of site visits to Herons Nest RV Park and have reviewed the referral package an at this time I am unable to complete a review due to insufficient information. The following is some of the reasons. 1. The as -built site plans show three fire hydrants in the RV park area that as far as I can see do not exist. The water supply for fire suppression needs to be brought up to code. 2. The site plans do not show where the new spaces will go or the roads to them. 3. The fire extinguisher plan shown in the document does not meet requirements of the IFC 2003. I think we need a meeting with the owners to go over the issues I have. Please feel free to contact me if you or the owners have any questions at 876-5738. Thanks, Orrin D. Moon, Asst Fire Marshal. 1 Burning Mountains Fire Protection District bumingmntsfpda msn.com Craig Richardson Garfield County Planning Reference: Herons Nest RV Parke Craig: I have reviewed and met with Janet Aluise and Simon Casas in reference to the RV Park, and the following is my comments. 1. The applicant shall install a minimum of 10,000 gallon water storage tank for fire suppression in the RV Park. This storage tank shall be filled and accessible at all times and shall have a dry hydrant installed to draft the water from tank. The dry hydrant can be a PVC riser and an underground gate valve, with shut off key attached. The riser shall have a 6" national standard thread female adaptor with a plug. The riser shall be within 9' of existing roadway and shall be field located by Fire Marshal and owners. 2. Fire extinguishers shall be installed as required by NFPA 1194 to be no more than 100' travel distance from anywhere within the park. The fire extinguisher rating shall be no Station #1 Administration PO Box 2 611 Main Street Silt, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, CO 81647 (970) 984-3412 Station #3 5255 CR 335 New Castle, CO 81647 (970) 984-3323 less that 2A 20BC type extinguisher. Fire extinguishers shall be installed in accordance with NFPA 10. 3. If propane is used by RV's and propane tanks are not mounted to RV units, then any separate propane tanks shall be kept a minimum of 10 feet from combustible materials and RV units. 4. NFPA 1194 requires the following for RV parks: A. Employee training in the event of an emergency B. A posted evacuation plan C. Posted fire regulations a. Telephone information for calling in an emergency(911) b. Address and telephone number of the RV park c. Location of nearest public telephone 5. Any campfire structures or pits shall be reviewed by the Fire Marshal. Please feel free to contact me with any questions. Orrin D. Moon, Asst. Fire Marshal Fine Chief, Brit C. McLin President, Bob Thrower Treasurer, John W. Gredig Vice President, Karen Maddalone-Cochran Director, Mary L. Haggart DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES May 12, 2008 Craig Richardson Garfield County Building and Planning Department 108 8`h St., Suite 401 Glenwood Springs, CO 81601 C•py Re:-Herons`Nest RV Park Speciat Use Permit - Sec. 9, T6S, R92W, 6th PM Water Division 5, Water District 45 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Craig: The above -referenced submittal requests a special use permit for the expansion of an existing RV Park, located on a 27.47 -acre parcel. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to. review land use actions that do not include the subdivision of land as defined in Section 30-28- .. 101(10)(a), C.R.S, ,This referral does not appear to qualify as a "subdivision". However, we have performed'a cursoy*iiew and are''proviiding'informal comments. The applicant obtained a decreed augmentation plan from the Division 5 Water Court in Case No. 05CW142 for the Nielson Well Nos. 1 and 2 (Permit Nos. 24328-F and 24329-F). The pian will offset out -of -priority depletions to the Colorado River resulting from use at the site for 56 RV hookups through releases from Green Mountain Reservoir or Ruedi Reservoir under Contract No. 050519CN(a) with West Divide Water Conservancy District. Permit Nos. 24328-F and 24329-F are valid per CRS 37-90-137(3)(a)(I)(A) for the existing uses, but neither the permits nor the augmentation plan cover the proposed expansion of the Park. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. CJLIHeronsNestRVParkSUP.doc Sincerely, Cynthia J. Loe Water Resource Engineer cc: Alan Martellaro, Division Engineer daviid Berry, Weter Commissioner, District 45 RECEIVE 'I MAY 1 4 2008 GARFIELD. COUNTY :BUILDING & PLANNING Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us i1RESDUflCE gJVOisr >lA E N G I N E E R I N G I N C. Craig Richardson Garfield County Building and Planning Dept 108 8"' Street, Suite 201 Glenwood Springs CO 81601 RE: Herons Nest RV Park — Special Use Permit Application for Camper Park Dear Craig: EXHIBIT May 28, 2008 COPY At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) reviewed the Special Use Permit application of Simon Casas and Genobeva Lopez for expansion of the Herons Nest RV Park on property located southwest of Silt between 1-70 and the Colorado River. This Special Use Permit falls under Section 5.02 of the Zoning Resolution. Our comments are presented below. Section 5.02.08 Water Supply All criteria appear to be met. Section 5.02.10 Water Supply (1) The existing well permits and WDWCD Water allotment contract do not allow for the proposed expanded uses. There is no evidence to support the requirement that the existing wells, 4,000 gallon storage tank and pump station, are adequate to meet the demands of the proposed expansion. Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. Section 5.02.11 Fire Protection (1) The applicant response does not appear to support that the Fire Protection criteria are met. Section 5.02.13 Sewage Disposal (1) Typical site layout of sewage disposal facilities should be provided. (2) The proposed sewage disposal system is approved for 4,000 gallons per day. Gamba and Associates opines that a total of 70 units could be served by the system. The Applicant proposes a total of 76 units in "phase I" expansion and 90 units for the total expansion. Applicant proposes to only extend services to 70 Consulting Engineers and Hydrologists 909 Colorado Avenue %A Glenwood Springs, CO 81 601 t (970) 945-6777 # Fax (970) 945-1137 Craig Richardson May 28, 2008 Page 2 units. However, shower, laundry, water and dump stations are available to all units. Therefore, sewer service is not adequate for the project. Section 5.02.15 Sewage Disposal (1) Typical layout and design details for the individual sewer connections should be provided to ensure compliance with GARCO standards. Section 5.03 Special Use Permit General Requirements (1) Utilities Comments on water and sewer are provided above under the specific camper regulations. (2) Traffic/Roads Applicant has not addressed traffic impacts to the Frontage Road and the 1-70 Interchange Area. The 1-70 west bound off ramp currently backs up onto 1-70 during the evening peak in part due to overpass traffic. OTHER The proposed project is located within the 100 year floodplain of the Colorado River. A floodplain development permit from Garfield County is required for this project. The project is also located with the City of Rifle Watershed Protection District and must get a Watershed Permit from the City of Rifle. Both permits should be obtained prior to issuance of any Special Use Permit. Please call if you have any questions or need additional information. Sincerely, RESOURCE E)j1GINEERING, INC. Michael J. rion, P.E. Water Resources Engineer MJE/mmm 885-62.0 K:1Clients 1885 GARC0182.0 HERONS NEST RV PARK craig richardson herons nest ry park 885.doc RESOURCE �: C. N E F ,i • N C• ' n: C: From: Jim Rada Sent: Thursday, May 22, 2008 1:24 PM To: Craig Richardson Subject: RE: Herons Nest RV Park Expansion Craig, My comments on the referenced proposal. 1. The ISDS were permitted by Garfield County and are not inspected or regulated by CDPHE at this time. 2. I concur with Mark Kadnuck (CDPHE, WQCD) that expansion of this facility would move the sewage treatment system at this site to a State Site Application and Design Review. Based purely on the 50 gpd/space and support facility flows used for the original sewage disposal system design, there was only around 100 gallons per day average flow available to each ISDS on the site. 3. In addition, the original design for the ISDS was to accommodate 51 units at 50 gpd/space along with1251 gpd for the service building. According to the submittal, there are currently 56 units served by these two ISDS so the operator may already be exceeding the design capacity of the original permit. 4. The ISDS regulations allow the use of actual water use and BOD data in designing a system but that data has not been provided with the submittal to justify the engineer's position that these systems could support 70 spaces. 5. Additionally, expansion of these systems may not be feasible due to WQCD Policy 6 zone of isolation requirements. 6. No information has been submitted from the ISDS Manufacturer indicating how the ISDS are currently performing or there position regarding the capability of the current system to treat additional wastewater flows. 7. The West Divide Water Conservancy District Contract specifies water use for only 1 office, 56 RV spaces w/hook-ups, 4 showers, 4 toilets, 4 restrooms, and 2 laundry machines. No information is submitted regarding an allowance by West Divide under this contract for additional water usage. 8. No well permits are included but as the property just recently changed hands, the owners need to make sure they have filed appropriate application with the DWR to put the wells in their name. 9. The water quality information submitted does not include nitrate data which all groundwater systems are required to submit on at least an annual basis. COy I recommend that this application be denied until sewage Disposal issues are resolved. Jim Rada, RD -15 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@oarfield-county.com Web www.garfield-county.com From: Mark Kadnuck [mailto:MAKADNUC@cdphe.state.co.us] Sent: Tuesday, May 13, 2008 1:36 PM To: Craig Richardson Subject: Herons Nest RV Park Expansion EXHIBIT 1_ PY Craig, The proposed expansion to 76 RV sites with additional shower and laundry facilities would require the facility to go through the CDPHE-WQCD site application and design review process. The facility is currently approved with two ISDSs which allow a flow up to 1999 gallons per day per system. If either system reaches a flow of 2000 gallons a day, site app and design review are required. A letter from the engineer that designed the system indicates the RV park could expand to 70 sites if flows are directed to the appropriate ISDS. It does not state 76 spaces are acceptable and the expansion to 70 sites does not include additional laundry and shower facilities. On page 11 of 17, the submittal states that the septic system installation was inspected by CDPHE and determined to be installed and operating properly and states that the state monitors the system annually. These statements are not true, CDPHE never performed an inspection and the ISDS system was approved and is regulated by Garfield County. Any expansion at the RV park should include a thorough wastewater flow evaluation to determine the appropriate regulatory requirements for the wastewater system. An expansion to 90 sites is not feasible with the existing wastewater system. Feel free to call or email with any questions. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuckOstate.co.us From: Roussin, Daniel[mailto:Daniel.Roussin@DOT.STATE.CO.US] Sent: Monday, May 05, 2008 11:27 AM To: Craig Richardson Subject: 32958 River Frontage Road EXHIBIT L C�y After reviewing the Herons Nest Recreational Vehicle Park expansion on the frontage road west of Silt. It appears the additional 54 RV spaces does appear that it would increase the traffic volume by 20%. However, this would need to be confirmed by a traffic study. If the site is over 20% at the intersection of the CDOT frontage road to the public road system, then an access permit would be required. Please provide this information and CDOT will review the traffic information. If you have any questions, please let me know. Thanks Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th, Suite 100 Grand Junction, Co 81501 970-683-6284 970-683-6290 FAX Craig Richardson From: Gale Carmoney [gale@townofsilt.org] Sent: Thursday, May 22, 2008 5:50 PM To: Craig Richardson Cc: Gerry Pace Subject: Heron's Nest RV Park Page 1 of 1 Craig The town of Silt has no significant comments to offer on this project, other than the water consumption rate. Has there been any comparison or analysis to determine if 100 gpd /unit is realistic? Seems that water consumption for a family of four in a RV would consume as much water as a family of four at home. They still need to do the wash, take showers, and use the bathrooms. Just a thought. Gale D. Carmoney Town of Silt Community Development Director 231 N. 7th Street P.O. Box 70 Silt, CO 81652 ph. 970-876-2353 fx. 970-876-2937 11/5/2008 Craig Richardson Page 1 of 1 From: Love, Cynthia [Cynthia.Love@state.co.us] Sent: Monday, October 06, 2008 10:20 AM To: Craig Richardson Subject: Herons Nest RV Park Expansion Special Use Permit Craig, I just spoke with Janet Aluise regarding the above -referenced proposal, and she clarified that the amended West Divide WCD contract will be included in the District's umbrella augmentation plan, therefore it will not be necessary for the applicant to amend the plan for augmentation decreed in 05CW42. They will submit an application to our office to change the use of Well No. 2. Please contact me if you have any questions or need additional information. Cynthia Love Water Resource Engineer CO Division of Water Resources 1313 Sherman St Rm 818 Denver, CO 80203 303-866-3581 303-866-3589 fax 11/5/2008 Craig Richardson From: Jim Rada Sent: Wednesday, November 05, 2008 8:33 AM To: Craig Richardson Cc: Mark Kadnuck Subject: FW: Heron's Nest Attachments: Jim Rada (jrada@garfield-county.com).vcf Craig, In addition to Mark's recommendations, I offer the following: 1. A thorough evaluation of the northwest leach field must be completed and any necessary repairs to said leach field be completed under a permit from the Garfield County Building Department before the SUP is approved. 2. A licensed Professional Engineer shall evaluate the flows of both ISDS effluent pumping systems to determine flow rates, as close as possible, to each leach field. 3. The applicant and any future owners shall continue to maintain records of daily potable water use and ISDS effluent pump volumes. 4. The applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified wastewater treatment plant operator to conduct routine inspection and maintenance of the wastewater system. A report of routine inspections and maintenance activity shall be maintained with other system records. (NOTE- I'm not completely sure if the certified operator requirement can be applied to the wastewater systems as this is not a regulatory requirement of the ISDS Regulations. If not, then I recommend that a qualified licensed PE be retained to evaluate the system at least twice a year.) 5. The applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified water treatment plant operator to conduct routine inspection and maintenance of the drinking water system. A report of routine inspections and maintenance activity shall be maintained with other system records. 6. A letter from a professional engineer certifying must be submitted prior to SUP approval that modification and/or upgrades to the ISDS has been completed in accordance with the plans and specifications of the SUP application and an explanation that sewage flows are balanced to the maximum extent possible. 7. At any time potable water flows average greater than 4000 gallons per day over a 30 day period, the owner shall immediately report this information accompanied by the concurrent wastewater flow information, to the Garfield County Building and Planning Department and the Colorado Department of Public Health and Environment, Water Quality Control Division for evaluation. Let me know if I can be of further assistance. Thanks for the opportunity to participate in this effort. ,Jim Rada, REh5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com From: Mark Kadnuck[mailto:MAKADNUC@cdphe.state.co.us] 11/5/2008 Craig Richardson From: Mark Kadnuck [MAKADNUC@cdphe.state.co.us] Sent: Friday, October 31, 2008 3:25 PM To: Craig Richardson Cc: jrada@garfield.county.com Subject: Heron's Nest Craig, Based on a detailed review of flow data for potable water at the Heron's Nest RV Park, additional discussion with the project engineer and a site visit conducted on 10/28/08, the expansion to 76 spaces looks acceptable with two conditions. First, the site visit indicated that the northwest leachfield was not operating properly as it had standing water on the southwest corner and what appeared to be some differential settling. The integrity of this leachfield must be evaluated and repaired if necessary prior to expansion. Second, flows from the potable water system and flows to the two septic systems must continue to be monitored to ensure that flows remain balanced and less than 2,000 gal/day to each septic system. If you have any additional questions feel free to call. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us Sep 17 2008 4:45PM Aluise Planning Region 3 Traffc Section 222 S. Sixth St., Room 100 Grand Junctio', Colorado 81501 (970) 683-6284 Fax:(970) 683-6290 September 10, 2008 ATTN: Lee Barger Schmueser Gordon Meyer 118 West 6th, Suite 200 Glenwood Springs, CO 81601 970-876-0356 p.2 STATE OF COLORADO IMMWWWWMMMINMM D®ARTM&( 6 TR.A P:gait-I t01.1 EXHIBIT RE: State Highway Access Permit No. 308110, Located on Highway 070, Milepost 96.976, in Garfield County Dear Permittee or Applicant: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. CDOT has issued a Notice to Proceed for this permit since the permit did not require any additional construction of the access. Please keep a copy of the access permit and the notice to proceed for your files. If you have any questions or need more information, please contact me at the office listed above. Respectfully, Dan Roussin Region 3 Access Manager File Sep 17 2008 4:45PM Aluise Planning 970-876-0356 p.3 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS CODE NOTICE TO PROCEED Permittee(sl: Simon Casas 118 Euclid Avenue Carbondale. CO 81623 CDOT Permit No. SMS/MP 070 A / 96.976 / R Local lurisdi(lion Garfield County Applicant: Schmueser Gordon Meyer Lee Barger 118 West 6th, Suite 200 Glenwood Springs. CO 8160I The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(111(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. I This -Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as appropriate. Municipality ar County Approval (When the appropriate local authority retains issuing authority) By i Title (X) This Notice is not valid until signed by a duly authorized representative of the Department Colorado Department of Transportation By (X) Copy diatri•ution: Fred: Make copies as 1. Region (original) Local Authority 2. Applicant MTC( Patrol 3. Stafi Access Section Date I Title Date 10-2 Don Poole iv( in•rrector Dwayne Gaymon Tra16a E nginxer 9/10/2008 Form 1 365 &/9a, 6/99 Sep 17 2008 4:45PM Rluise Planning 970-876-0358 in Tr. p.4 Copy bislrlbutien: Required: 1 .Region 2.Applicant Make COONS ea necessary loc. 3.51af1 Access Section Local Authority Inspector 4.Centrai Fees MTGE Patrol TraMc Engineer Previous salmis We obaoMie and may not be used Page 1 Of 3 COOT Form ih 01 5107 u�_ COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT 1 COOT Permit No. 308110 I State Highway NOlMp Slde X70 A / 96.976 / R ''local Jurisdiction IGa eld County Permit fee $100.00 Date of transmittal 8/25/2008 rtSectlorvPatrd IAe9 o3 / 02 / t0-2 Don Poole The Permittee(s); Applicant: Simon Cases Schmueser Gordon Lee Barger 118 Euclid Avenue 118 West 6th, Suite Carbondale, CO 81623 Glenwood Springs, 970.963.2777 970-945-1004 is hereby granted permtssbn to have an access to the state highway at the location noted below. accordance with this permit, including the State Highway Access Code and any attachments, terms, by the issuing authority it at any time the permitted access and Its use violate any parts of this appointed agents and employees shall be held harmless against any action for personal injury Ref No: Meyer 200 CO 81601 The access shall be constructed, maintained and used in conditions and exhibits. This permit may be revoked permit. The issuing authority, the department and their duly or property damage sustained by reason Of the exercise of the permit. Location:2500 feetwest of on the south side oI 070 A Frontage Road Access to Provide Service to: <Land the Code:t 416 - Canipground/Recreational Vehicle Park (Sire or Count) I tinitsl 55 DHV Additional Information: SEE ADDITIONAL TERMS AND CONDITIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. signature Print Name Title oats Upon the signing of this permit the permittee agrees to the terms and conditions herein. All construction shall be completed in an expeditious and safe manner Initiation. The permitted access shall be completed in accordance with the being used. The permittee shall notify ()Wayne Gavmon with the Colorado Department Grand Junction, Colorado at (970) 683-3355, at least 48 hours prior to the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property accept the permit and its terms and conditions. and referenced attachments contained and shall be finished within 45 days from terms and conditions of the permit prior to of Transportation In commencing construction within served by the permitted access and have full authority to P ttee re sig Yi�.9 Glr:� Prim Name /.//�S C..YI" Cg t'� Oate 9/? C 1 This permit is not valid until signed by a duly authorized representative of COLORA DEPARTMENT OF TRANSPORTATION the Department. Signature ,!� ,/i/+,+t�c-� Print a r1G/ /i1 r;-— Till i►r+; �llflati Date (of issue) q -/0 -or Copy bislrlbutien: Required: 1 .Region 2.Applicant Make COONS ea necessary loc. 3.51af1 Access Section Local Authority Inspector 4.Centrai Fees MTGE Patrol TraMc Engineer Previous salmis We obaoMie and may not be used Page 1 Of 3 COOT Form ih 01 5107 Sep 17 2008 4:45PM Aluise Planning STATE HIGHWAY ACCESS PERMIT 308110 Located on Highway 070 A FR near MM 96.976 Right Issued to Simon Cases 970-876-0356 p.5 August 4, 2008 TERMS AND CONDITIONS 1. This access Is approved as constructed in accordance with Section 2.6(3) of the Access Code. 2. This permit replaces any and all additional access permits that may be in existence. Alt other State Highway access to the property shall be removed. 3. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 4. The traffic limitations listed on the face of this permit shall be adhered to. The traffic volumes are listed in Design Hourly Volume (DHV) trips or Average Daily Trips (ADT) where entering the site and returning counts as two trips. 5. Location of access to 070 A Frontage Road will be at location shown in attached pictures. Sep 17 2008 4:45PM Rluise Planning State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local Issuing authority (local govemment) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made Its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets Is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission (of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the --appeal-and-may-include-changes,-revisions or -condition that would be acceptable to the permittee or applicent. 2. Arty appeal by the applicant or permittee of action by a local Issuing authority shall be fled with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's Internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (8), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law Judge to withdrew the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not nun concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the intemal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of dental or transmittal of the permit. 970-876-0356 p.6 PERMIT EXPIRATION 1. A permit shall be considered expired if the access Is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the Issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension Is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit Extension approvals shall be In writing. The local Issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2, The construction of the access and Its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided-in-subsection-214—Ail-materials-used-in- the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise Instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are Issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met, Inspectors are authorized to enforce the conditions of the permit during construction and to hall any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger Sep 17 2008 4:46PM Rluise Planning highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee Is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or Issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, In conformance with the M U T C D. as required by section 42- 4-104, C.R.S., as amended. 7A -utility -permit shall -be -obtained -for -any -utility -work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shell be accomplished by the permittee without cost to the Department or Issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public fight -of -way beyond that which is allowed In the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged 111 the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right- of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence Is cut to prevent any slacking of the remaining fence. All posts end wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit Is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field Inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field Inspector to meet unanticipated site conditions. 10. Each access shall be constructed In a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the 970-878-0356 p.7 right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, Indemnify, and hold harmless to the extent allowed by law, the Issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of Injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access, CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It Is the responsibility of the property owner and permittee to ensure that the use of the access to the property Is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made In the use of the property which will affect access operation, traffic volume and or vehide type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c). C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when Its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -Interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within Incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except In those cases where the access installation has failed due to Improper access construction andlor failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing. or changes In design or specifications, requires authorization from the Department, Form 101, Page 3 Sep 17 2008 4:47PM Aluise Planning 970-876-0356 p.8 Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation July'07 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to Inform entities external to COOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing Is not ail -Inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agendas should be contacted for additional information If there is any uncertainty about what permits/clearances am required for a specific activity. IMPORTANT - Please Review The Following Information Carefully - Failure to Comply With Regulatory Revocation Your COOT Psmdt, Or Enforcement Actions By Other Agencies Requirements May Result In Suspension or of CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional Information: • Colorado Department of Public Health and Environment (CDPHE)- General Information - (303)692-2035 Water Quality Control Division (WQCD) (303) 6924500 Environmental Permitting Webste hitDJ/www.cdohe.state.co.us/Dermits.asb. • CDOT Water Quality Program Manager, Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager. Julia Hom (303) 512-5519 • Colorado Office of Archaeology and Histodc Preservation: (303)886.3395 • U.S. Army Corps of Engineers, District Regulatory Offices Denver Office (303) 979-4120 htto:Uwww.nwo.usace.army.mil/htmVod-tttd-laka.htmt Omaha District (NE Colorado), Sacramento Dist. (Westem CO), Grand Junction Office (970) 243-1199 httoJ/www.sok.usace armv.mil/ceaok-co/renufaterv/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719)543-6915 htto://www soa.usace.armv mitres/ • CDQT Utilities, Special Use and Access Permitting: (303) 757-9654 IWPL/vww.d01,State.co.us/Permits( Ecolodcal. Resources - Disturbance of wildlife shell be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work; work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall he contacted immediately. Authorization must be provided by CDOT prior to the continuation of work.. Information about threatened or endangered species may - be obtained from file -CDQT-website httm/d v.sktstate a uelenvironmentallWildlifelGuideiines.ass, or the Colorado Division of Wildlife website http://wildlife.state.co,us/WIIdlifeSDecies/SoedasOfConcenJ Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been Identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts ere encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT pier to the continuation of work. Additional guidance may be provided by the Regional Pontine Office In the Perm* Special Provisions. Contact Mfennsflon Contact the OAHP at (303)866-3395. General .Prohibition - DIschames - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges Include substances such as wash water, paint, automotive fluids, solvents, ole or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Heath and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non -Stemmata 01a:heross - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges lo stormwaler systems are allowed without a Colorado Discharge Parmit System perm*: landscape irrigation, diverted stream laws, uncontaminated ground water Infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, Irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and tow from fire 8ghtng activities. Contact Information: The CDOT Water quality Program Manager or the CDPHE Water Quality Control Division (telephone ft's listed above). Hazardous Materials. Solid Waste - The Solid Wastes Disposal Sites and Facilites Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit sold waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-16-301 at al, and the Colorado Hazardous Waste Regulations (8 CCR 10074) prohibit the transfer. storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, al solkl or hazardous wastes that mlgM be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Unison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation July'07 Sep 17 2008 4:48PM Hluise Planning 970-876-0356 p.9 Environmental Clearances information Summary age t o Asbestos ConWnlna Materials. Asbestos Contaminated Sop -All work on asbestos containing materiels (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materialsandaste agent intwork for which O) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved Environmental PermkNng Websitemft special lons. Contact Iauthorization nfo: CDPHEIs APCD and HMWM Regulatiorequested. Additional ns can be acceuidance or ssed via threments e may listed above. Additional Information Is available from Julia Ham, CDOT Asbestos Project Manager (303) 5124518. Construction Stomn veter Permit: Stonnwater Dlscharae From Industrial Facilities - Discharges of stonnwater runoff from construction sites pctypes ofiodides requirestam Information: For tidily/Slal Use adryties being performeedIconjunctioand coordination with a CDOThighway construction contrail, please contact the COOT Water Quality Program Manager at (303) 757.9343. Otherwise, contact the COPHE Water Quality co. u: - rml .0,411 ..!/1411 r n Control Division at 303 692.3500. Website: trt..,.._cdkis, _;4_ ,i Construction Dewater(gy (Discharge or infiltration) - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, the CDPHE WQCD at (303) 692-3500. Website:htlo:/lwvwwcdohe.statadaanfill/Pattr�ks.Unitlwocdomt.hiRll contact n intimal Industrial Dhaharoe Permf - Discharges of small quardittea of wastewater or wastewater requiring minimal treatment, Discharge Permit ("MINDI"). such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Webske: htiol/www.odohe.state.co.ushmalPenniktUnitivaccdomt.html Contact Info: Contact the CDPHE WOOD at (303)6923500. Munlclual Separate Storm Sewer System MOO Diecharue Permit - Discharges from the storm sewer systems of larger issued municipalities, and from the CDOT highway drainage system that Iles within those municipalities, are subject to MS4 Permits by the CDPHE WQCD. For (edifies that lie within the boundaries of e municipality that is subject to a MS4 permit, the owner of such faddy should contact the municipality regarding stormwater related clearances That may have been established under that munidpalltys M84 permit. Al discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quatky Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the COOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities. tohno://w'cow.cdohe.afatesosteMo PermlfatlnitBmncdemi hfmiMMurikcioalFornsGuldaucfit, required to obtain M$-4 Permits, or go of Modeled or Fill Material - 404 Pe mlta_Administered By the U.S. Mny Conte of Engineers. and Section 40t - Qlscbarce Water Quality Ceatlwte issued by the COPHE WQCQ - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials Indo waters of the United States, including wetlands. Them are various types of 404 Permits, lnduding Nationwide Permits -which are issued for adWlttes with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activltlee (NWP #12). however, dependingupon the specific drcumstences, it is possible that either a "General' or "Individual" 404 permit wouldbe required. If an individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact information:. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (Information provided at top of ECIS). Contact the CDPHE Water Quality Control Division al (303)692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stonnwater Permit, erosion control requirements will be specified through that panni. In these situations where a stornnvater permit is not required, all reasonable measures should be taken In order to minimize erosion and sedlMentatlon. In ether case, the COOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The COOT Stomrwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303) 767-9313 or frorm hthx/Limvw.dastate.co.ustenvggnmentaltenvWetesOuainvomi4412 Disoosal of Milano FIn- Drilling fluids used In operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and In general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that spedflcaly accept such wastes. Disposal of drilling fluids into storrn drams, storm sewers, roadside ditches or any other type of men -made or natural waterway Is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of edicts) may be left on-site after ether being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite day, ar, if required for proper drilling properties, small quantities of polymer additives that are approved for use In drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout- Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, Inlets, receiving waters, or In the COOT ROW. Concrete waste shall be placed In a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be In accordance to COOT specifications and guidelines. Contact Infornaflon: Contact the CDOT Water Quality Program Manager at (303)757-9343. Soil Recoding- Spills shell be contained and cleaned up as soon ae possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the COOT Illicit Discharge Hotline at (309) 512.4146 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, Into waterways, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 14877)618.5608. Environmental Clearances information Summary age t o Sep 17 2008 4:49PM Rluise Planning 970-876-0356 p. 10 Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation In commerce unless that hazardous is registered In properly wed described, packaged,s marked,m rked, labeled, rtment of am din condition�Mr shipments at 49 CFR,Part required or auzardzed material must ba uiremey authorized by applicable requirements, or an exemption, approval or registration has been Issued. Vehicles requiring a placard, must obtain authodzatlon and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information:- For authorization and more info call the Federal Motor Safety Cartier Administration, US DOT for Inter- and intra -state HAZMAT Registration (303)969-8748. Colorado Public Utilities Commission: (303) 894-2868.. paleontoIouv - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously Identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. . If fossils are encountered during the permitted worts, all work M the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immedlatety. Authorization must be provided by CDOT poor to the continuation of work. Adore thal e CDOT Paleontologistuidance e provided et ( 03) e7Regional Permitting Office In the Permit Special Provisions. Contact Information: C Working on or In any stream or Its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate &e 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue fine on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or streams having of streams supporting g wetlands present within200200 yards or more urepatream or downstream of the project. r within 100 yards upstream or sThe Colorado project;tream of the Division Wildlor dlife segments application, as per guidelines agreed upon by CDOT and ODOW, can be accessed at wwwdot.state aislenvironroentai/vAggfigp rrnttaoollosdon.aso About This oBIN • es Unlit or comments about Information Summary urnn � may be directed to Dahir Eget, COOT Safety & Traffic t Environmental Clearances Informatlon Summary Page 3 of 3 Colorado Department of Transportation July '07