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HomeMy WebLinkAbout1.0 ApplicationQ4 CANBERRA CONCRETE PUMPING, INC. SPEGIAL USE PERMIT Canbe rra Building Expansion GARFIELD COUNTY GOLORADO, USA WAGON WHEEL CONSULTING 111 E. Third St, Suite 213 Rifle, CO 81650 (e70) 625-8433 SPECIAL USE PERMIT CANBERRA CONCRETE PUMPING, INC. CANBERRA BUILDING EXPANSION TABLE OF CONTENTS L SUP Application II. Associated Permits III. Project DescriPtion IV. Impact Statement V. Water Allocation VI. Surface Topo MaP VII. Site Plan V[I. Area Parcel MaP IX. Proof of OwnershiP X. Legal DescriPtion XI. Segregated Mineral Owners XII. Adjacent ProPertY Owners X[I. Building Drawings XIV. Reclamation & Weed Management Plan XV. Storm Water Management Plan XVI Wildlife Survey XVII Traffic Study XVII Sound Study XIX Site Photos GARFIELD COUNTY Building & Planning DePartment 108 8t' Street, Suite 201 Glenwood SPrings, Colorado 81601 Telep hone: 920.-g4 5. 821 2 Facs i m i le : 97 0'384'347 O arfield-cou Special Use Permit GENERAL INFORMATION Oo be completed bY the aPPlicant') Street Address / General Location of Property: 1912 County Road 311 New Castle, CO 81647 Legal Description: Parcel#217g-123-OO-371; Lot #8 of section 12; Township 6 South; Range 92 West; 6th P'M. Existing use & size of Property in acres: Residence & Business - 5-002 acres Description of special use Requested: construction & operation of an extension to an existing buildings for the purpose of enclosed storage and minor maintenance of "on"t"te pumping trucks and associated equipment' zone District Resource ful Agricultural/lndustrial Name of Propertv owner (Appticant): canberra concrete Pumping of North America - Guy Middleton (Owner) Address: lgi7 County Road 311 Telephone 970-876-0912: City New Castle State:Colorado Zip Code:81647 FAX 970-876-0136: Name of Orynner's Representative, if any (Attorney, Planner, etc): Wagon Wheel Consulting, lnc. Address: 111 East 3'd Street, Suite 213 Telephone:97-0-625-8433 city:Rifle state: co Zip code:81650 FAX: 970-625-8435 STAFF USE ONLY Date Submitted:- TC Date: n\/ o o I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to allthe following items below and attach any additional information to be submitted with this application: t. pl""*" submit, in njnative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies)- lnclude specifications for the propoJed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction witn tne proposed use, and provisions for electric power service and any other proposed utility improvements. Be sPecific. i. if Vo, will be using water or will be treating wastewater in conjunction with the proposed use, ft""r" detail the amount of water that would be used and the type of wastewater treatment. lf you will be utilizing wellwater, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all Lxiiting and proposed structures on the property, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a county or State roadway, submit a driveway or highway access permit' 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,OOO scale quadrangle map will suffice- 5. Submit a copy of the ippropriate portion of a Garfield County Assessot's Map showing all minerai-rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln additional, submit a list of all property owners and their addresses adjacent to or within 2OO ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property' 7. lf you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you rnay act in his/her behalf' g. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (t; Utititi"r adequ-ate t6 provide water and sanitation servioe based on accepted engineering standards and approved by the Board of c_ounty commissioners shall either U"]n pho-or shall be constructed in conjunction with th-e proposed use' (2) Stieet improvements adequate to accommodate traffic;volume generated by the froposeO 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; iil O"rign of the proposeduse is organized to minimize irnpact on and from adjacent uses of i-and through installation of sLreen fences or landscape materials on the periphery bt tn" lo[and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood characte[ g. DepenOing on tne [Vre of Special Use Permit requesterC, you may n^eed.to respond to additional review standirds in the Garfield County Zoning Resolution Section 5'00 Buppf"*"ntary Regulationsl. This may include uses such industrialuses [section 5.03.07 & S.O3.0gl, Accessory Drvelling Units [section 5.03.21], Utility line/Utility Substations, etc' Specific sections of the Zoning Resolution which can be located on the Garfield County web site at rritp:4www.gar-field-county.com/building-and-planning/index. htm, or information can be obtained from this office 10. A $400.00 Base Fee. Applicant shall sign the'Agreennent for Payment" form and provide the fee with the aPPlication. 1 1. Submit 2 copies of this completed application form and all the required submittal materials to tne guifOing and planning Department. Staff will request rrdditional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield CountY.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. lt will be received and given to a Staff Planner who will review the application for technical completeness' 2. Once the appiication is deemed technicaily complete, the Staff Planner will send you a Ltt"r indicating the application is complete. ln addition, Staff willalso send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested special Use. (lf staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application comPlete.) i. it ir solely tfre nppficant's responsibility to ensure proper noticing occurs regarding the iequesteO Special Use and the public hearing. lf proper notice has not occurred, the prUli" hearing will not occur. Notice requirements are as follows: a, f.fotice Uy pJOtication, including the name of the applicant, description of the subject 6i, " O""tription of the proposed special use and nature of the hearing, and the daie, time and place foi tn6 hearing shall be given oncxr.in a newspaper of general circulation in that portion of the County in which the subject proper! is located at least thirty (30) br.it not more than sixty (60) days priorlo the date of such hearing' "na p.of oi puOti.ation shall be presented at hearing by the applicant- U. fliti"" by mail, Containing information as described under paragraph (1)-above' shall be mailed to alt owners of record as shown in the County Assesso-r's.Office of tots within two hundred feet (200) of the subiect lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days il;; t" Jch hearing time by bttmeO retum receipt mail, and receipts shall be presented at the hearing by the applicant' c. The site shalt Ue posieOiuch that the notice is clearly and conspicuously visible ir, " public rignt-of-way, with notice signs proyided by the Planning Deparknent' ine posting must take place at least thirty (30) by!.1ot more than sixty (60) days piioi to thJhearing datb and is the sole responsibitlty 9f the applicant to post the notice, and ensurJthat it remains posted until and during the date of the hearing' +. rn. Applicant is required to appear before the Board of county commissioners at the time and date of the public hearing at which time the Board will consider the request. ln addition, 15. nppii"rnt shall provide proof, at the hearing, that proper notice was provided' 5. Once the Board makes a decision regarding the special Use request, staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this offie,e will issue the Special Use Permit to the applicant' lf the Board,s approval includes specific conditions of approvalto be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use permit approval is not finatized untilthis office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statemen$and have provided the required attached information to the best of mY knowledge. (Sig natu re of applicanUowner) Last Revised: 1'l lo7 12002 which is UUV LVU ' Oct, 30 O7 O3:O3p Jirtmy SmiLh s?o-Bes-B{35 p.2 WAGON WHEEL CONSULTING, INC. JIMMY W. SMITH l ll E. grc sTnEET, SUITE 213 RIF:LE, CO Er650 OFFICE: (970) 62s-8433 FAX: (970) 62s-E435 Datc: October 30,2W Garficld Comly Building & Planning Deparunent tO8 8rh Sreeq Suite 401 Glenwood Springs, CO 3160l . Rc: AgentAdhorization To: Garficld County Ptanner Wagon Wheel Consulting, tnc. (Jirmmy Smitb) has been retaioed by Mr. Guy Middleton, Owncr of Canbena Concrete Purnping Inc., to request a Garfield County Special Use Perrnit for a shop and truck prtingbuilding ecspansion project. The projec[address is 1912 CCImty Road 311, NeruCretle, CO 81647. I h€rety auttrorizc Wagon Whed Consulting Inc. ro act as ageDt on my behalf for all mattcrs rcgarding thc SIIP application pooess. Pleasc contact me at (970) 876-0912 ifyou havc any queslions or concstns. Sincerely, Guy Middlcton -t;?@ o GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure (,,Base Fee") forthe processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use aiplication p.ocessing time will vary and that an applicant should pay for the total cost of the review which may require addition"al billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions cornbined with an hourly overhead cost for the office will be used to establish the actual .ort of County staff time devoted to the review of a particular project. Actual staff tirne spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be uittea based on actual .tuff hourr accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously faited to pay application fees as required, no n"* or additional applications will be accepted for processing until the outstanding fees are Paid' Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payabL to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below' The Agreement "riuulirh., the applicant as being responsible for payment of all costs associated with processing the application. The Agreement musi be iigned by the party responsible for payment and submitted with the application in order for it to be accepted. The cornplete fee schedule for subdivision and land use applications is attached. I o GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The followi,g Base Fees shall be received by the County at the tirne of submittalof any procedural application to which such fees relate. Such Base Fees sirall be in addition to and exclusive of any cost for publication or cost of consulting service detennined necessary by the Board for the consideration of any application or additional County staff time or expense not coverid by the Base Fee, which have not otherwise been paid by applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights-of-Way $400 Sketch Plan $325 Preriminary Pran lfl*:ffi':H:'J,Xff::J,:ii::,:iJ authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $2oo Amended Plat $loo Exemption frorn the Definition of Subdivision (SB-35) 5300 Land Use Permits (Special Use/Conditional Use Permits) . Administrative/no public hearing $250 . Board Public Hearing onlY $400 . Planning Commission and Board review & hearing $525 Zoning Amendments Zone District maP amendment $450 . Zone District text amendment $300 . Zone District map & text amendment $500 . PUD Zone District & Text Amendment $500 . PUD Zone District Text Amendment $500 Board of Adjustrnent. Varianc. $ZS0 . Interpretation $250 Planning Staff HourlY Rate , ilanning Director $50.50 . Senior Planner $40.50 . Planning Technician $33.75 . Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 - l't Page $10 each additional Page I Page 2 7. 8. 9. The foltowirig guidelines shalI be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below' Z. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or ,rbdiui.ion plan. All additional costs shallbe paid to the execution of the written resolution confirming action on the aPPlication. 4. Final plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been Paid. 5. In the event that the Board detennines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the Lxecrtion of the written resolution confirming action on the application' If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. Types of ,,procedures" not listed in the above chart willbe charged at an hourly rate based on the pertinent planning staff rate listed above. The planning Director shall establish appropriate guidetines for the collection of Additional Billings as required. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREBMENT FOR PAYMENT FORM (Shall be submitted with application) CARFIELD COUNTY (hereinafter COLINITY) and (hereinafter APPLICANT) agree as follows: APPLICANT has submitted to COLINTY an application for crtA"^ ' a^ '.. "!.(hereinafter, THE PROJECT). Z. AppLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subJivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and CoLINTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ur...tuin the full extent of the costs involved in processing the upfti.ution. Appi-ICANT agrees to make payment of the Base Fee, established for the PRoJECT' and to thereafter perrnit additional iosts to be biied to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an applicatiJn or additional CoLINTy staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, AppLICANT shall pay additional billings to COI-,NTY to reimburse the COI-INTY for the processing of the pROJECT mentioned ubor.. APPLICANT acknowledges that all billing shall be paid prior to the finai consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Date:L -2D-D8 Mailing Address: Page 4 .:[1 , '.< Jl Print N/me GARFIELD COUNTY Building & Planning DePartment 108 8th Street, Suite 401 Glenwood SPrings, Colorado 81601 Telephone: gZO.bas.A21 2 Facsimile: 970'384'3470 www.q a r-field-cou ntv. com t Text Amendment to Zone District / Zoning E9lglution GENERAL INFORMATION ) Name of propertv owner e uy 0 o'f{t', M 'dd l"*"t-' -- - - ' TelePhone: 81 b - oq ' 2' -T-o . tlo,+l -tu b- t ul,H-- state: co Zip code: I tt 'tz r x: t1L' o I 3 L ) specific section of county Zoning Resolution of 1978 or PUD to be amended: 2-cl'o3 ) Purpose for the proposed text amendment: ) City: N'u' Gt+/' QY STAFF USE ONLY ) Doc. No.: Date Submitted:- TC Date: i Planner:Hearing Date: h'+t' ) Address:1bo- LtbS_ state: @ Zip code: f<,tb2'3Fx:1to1- LLLV a ro s L AP P Ll cArl o N s u BJVI I.IIAL $EQ u I lEyl E"NI!, +, in Garfield countv *noffio ti amend' add' or delete $5s[i[Ti;l^T3:x![::'ffi1*:y{:[:l:^?i5#fihx,"t j:1"*r,,:lxi,iF[iJi""'zone ds'1rc H ,i:T:|f,;'Hll,]iil;;; "n ,pp'freo pranned Unit Deveropment (PUD)' Asaminimum,specificallyrespondtoallthefollowingitemsbelowandattachanyadditionalinformationto' be submitted with this applicaiion: Submitacoverlettercontainingadetailednarrativedescribingtheproposedamendmenttoan approved zone district including ,n "pprJu"i' ptanneO Unit Divelopment (PUD) or text of the Zoning Resorution "iiezg, ,rimeno"o. iil nriotiu" shourd describe the overat purpose of the amendment and the specific sections of the resolution are to be amended' Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the real property, o*r"o"niin" npp[.rnt in 6rrr"rJ counii, which will be affected by such change'2. 3. 4. lf you are acting as an agent for the property owner' you from the property o**t th"at you may act in his/her behalf' Submit payment of the $300'00 Base Fee: Applicant shall foim ;;d jrovide the fee with the application' 5. Submit 2 copies of this completed applicati.on I?'* "19^all the required submittal materials to the Buirding and pranning Departmenil siarw,rrequest aooitionat'copies once the application has been deemed technically complete' must attach an acknowledgement r' sign the "Agreement for PaYment" ll' n is. c.onsidered a two (An amendment to an approved i::"-:',*,^,^rr h, rho ptannino Commrssion which makes a _:,uffi l:::i:#I#[:diii+i{:eii3:::i+rrnf,'#il'*:lffi Isffi ?.1 ,".",i1,"3.1?ffiii?fB::l::Jt'J.r;il J"?Tb:::::i:i:l r,,xi:"Bffil}le how the rext,x;lilnilirioi,#,.. review process works in Garfietd countv.) il. 1.Submit this completed application form (P'q9'.1'-1I ?t-t-:.i::'.tnd all submittal requirements to the Garfierd county pranning Department,lt witt be received ,no giu"n to a staff ptanner who *irl t*i"* the appiication for technical completeness' oncetheapplicationisdeemedtechnicallycomplete,lh::YffPlannerwillsendyoualetter indicating the appricail;i; ;;;ptete. tn'ioJ'tion, the retter witt inoicate the dates and times scheduted for your request to be neard-;;i;;;'the Planning commission during a public meeting (no notice required).and^the !^3_rrJot cornty commiJsioners during a public hearing (notice required). rhe- ptanning commiJ[n *irr forward ' ttto**"ndation to the Board of County CommissionJr. to ue -consloe'"i'i'"i'g a properly notit"o public hearing' Staff will send you the appropriate ,,pubric ,ruotice"rlIm(si" inoiciand it-.,. iime'ano date of your pubric hearing and will provide you with. sian Nriemorandum regarding your..request' (lf staff determines you, ,ppii"ation to ue oefrcieni , ilt1", wi, be runi"6 vo,i'indicating that additional information ls neeoJJio'0""* your application complete') ltissolelytheApplicant,sresponsibilitytoensurepropernoticingoccursregardingthepublic hearing before tn"'6"*rii J'county c**lrrioners.' lf prop"i iotice has not occurred' !@ puotic rrearinq witt "nli Jccur. Notice requirements are as follows: 2. 1. a.Noticebypublication,includingthenameoftheapplicant,descriptionofthe subject lot, a description'oitne"proposed am.en,-dpenl "d :?l'i: of the hearing' and the date, time anO ptace tor if,e'f,earing shall be given once in a newspaper of g.n"rJ circulation in tnai portion of the county in wnicn the subject property is located at least thirty (30) but not more than .1*ry (oo) days. prior to the date of such hearing, and prooi Ji proii"rtion shall be presented at hearing by the aPPlicant' 4, The Applicant is required to appear before the Planning commission and the Board of county commissioners at the time ano oate-o-t trre puurrc mJeting / hearing. a,t which time they will consider the request. ln addition, the nppfi..nt shall prov'rie proof it tfre hearing before the Board of county Commissioners that proper notice (publication) was provided' 5. once the Board of county commissioners makes a decision regarding the request, staff will provide the Applrcant *it, a signed |."rotution memorializing the action taken by the Board' Following the Boards' approval, tnis' omce witt mat<e the ipproved changes to the Zoning Resolution. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge' Last Revised'.07D0A7 [Signa-ture of ProPertY Owner) z. APPLICANT understands and agrees that Garfield County Resolution No' 98-09' as amended' establishes a fee schedule for .u.h typ. of subiivision or runJ ur. review applications, and the guidelines for the administration of the fee structure' 3. AppLIcANT and coLrNTy agree that be^cause of the size, nature or scope of the proposed project, it is not nossilr_1at this tim. io ur"-ertain the fu, extent of the costs involved in processing the application. A''LICANT agree, ,o *"[. payme,t ortr',. g;r. Fee' established for the PROJECT' and to rhereafter permit additionar costs to i. uilr.i to eppltceNr, APPLICANT agrees to make additional payments upon norin"u,ion by the cotINTY u'hen they are necessary as costs are incurred' 4.TheBaseFeeshallbeinadditiontoandexclusiveofanycostforpublicationorcostof en:tlr"lTilffi,f[roitJffT'##*i#*:li*::*:"i*'t'"ux"::: '[::,]l'f::i,"J,::l; exceed the initiar Base Fee, AppLrcANr.rrar pay^additioi"iiilii"gr * corrNrY to reimburse the coLjNTY for the processing of the pRoJEcr ,.rriorJiuove. appr]iieNf ".mowledges that all billing shall be paid prior to tr,e finat co.rrid"rution by th; aou'Ty of ^"y r;;J';;. p..mit, ,oni-ng amendment' or subdivision plan. APPLICANT GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shatl be subntitted u'ith application) iAJ tc*on GARFIELDCOLINTY(hereirrafterCoLn{TY)a1td\=kYUzgotT:'t/t'."'".-. (hereinafter APPLICANT) agree as follows: l.APPLICANThassubmittedtoCotINTYanapplic^ti3nrorT"*t!q.endZ"^. UG+,,,"ai72"","d^nr""i*U"tn (irereinafter, THE PRoJECT). Signature o^t", Q L?o? G-., G""{{",", !4idJ le-to'r Print Name Mailing Address:3rl Page 4 BOCC 1A10n007 CR PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: Amend the text of Section 3,0.1,0.3 of the ZoningResolution of 1978, as amended, regarding tne use oTcontractor's yards as a speciar Usi in th6 A/r (pubric Meeting) Guy Middleton Jimmy Smith, Wagon Wheel Consulting I. BACKGROUND The Applicant, Guy Middleton, is a landowner on county Road 311 in Gar{ield county, located nearthe Town of New castle and zoned ngricutturai lnJr.tri.r (A/l). The Applicant owns canberraConcrete ComFanYwhich is operated onlsite. in" nppri."nt is currenilyoperating underConditionatUse Permit (cuP) which allows for the storage "r #" (1) canberri io-,io"te pumping truck andassociated equipment' The current operation'is not in compliance with the issued cup. lt is staff,sinterpretation that this use being cond'ucted on-site is alcohtractors iaioi *ni.n is not permitted asa use by right, conditional use or special use within the A/l Zone District. ine Applicant is requestingazone District Text Amendment to allow "contractorb Yards" intne nltzonl Di.tri.t. The followingdefinition was approved by the Board of county bommissioners as part of a previous TextAmendment' which included the use ioentified as a contraciors yard within theAgricutturat/Ftesidential/Rurat Density zone oistii.i rnn not, 'The use of land for the purpose of storing machinery, equipment and supplies for an individual business lf,iB'J:ffi:-""#':ffj|;;i:illi"I,.:ush the use or t# ,;;[i,ery, equipment or suppries sucn use may lt. Garfield county will encourage the development of a diversified industrial base for the countywhich recognizes the human resources, natural resources and physical location-to-marketcapabilities of the community, and whicn turtrrer r"rogni="r and addresses the social andenvironmentar impacts of industriar uses. rv qvursDDtiD To ensure that commercial and industrial development are compatible with adjacent land usesand mitigate impacts identified during the pran r"ri.* p.."r, fiffi:if"T,.Iir];::l3:,,:t,Iffj'J:r deveropment in areas where visuar, noise, air quarity and Ensure that Zoning Regulations addressing commercial and lndustrial uses reflect the changingland use patterns and demographics of th5 countyanJ *.irrrg. the further diversification ofthe County economy. ' Ensure a commercial and industrial development policy that is environmentally sound and I proposed to be a Special Use in the A/l Zone District, the goals and objectives identified can beaddressed as partof a specific project review process. SUGGESTED FINDINGS That the meeting before the Board of County Commissioners was extensive and complete,thatall peftinent facts, matters and issues were submitted and that all interested parties wereheard. That the proposed text amendment can be determined to be in the best interest of the health,safety and welfare of the citizens of Gar.field County. That the application has met the requirements of the Garfield County Zoning Resolution of1978, as amended, vil. 1. 2. .). CANBERRA CONCRETE PUMPING NARRATTVE Wagon Wheel Consulting, frlc., on behalf on Canberra Concrete Pumping is requesting a "Zote Text Amendment" to allow for a Special Use Perrnit application submittal on the subject property located in Section 12, T 65, R 92W, 6* P.M. The physical address being 1912 County Road 311 New Castle, CO. The parcel number 2179-123-00-371is Lot #8 and is zoned AI, which current Iand use regulations do not address Special Uses. The proposed project includes the expansion of an existing storage building for the purpose of indoor parking of concrete pt,mping vehicles and associated equipment. The current building houses two vehicles; whereas the expansion will accommodate an additional two vehicles. The crurent facility is permitted by Garfield County; however, the proposed expansion will require anew Special Use Permit. A SIIP application will be submitted by Wagon Wheel Consulting, Inc following the approval of the text amendment. The initial request was made by Timothy E. Whitsitt of Whitsiu & Gross P.C. At Canberra Concrete's request, Wagon Wheel Consulting, [nc. wil] now represent ttrem in regards to these proceedings.I rrtmnbrk€rrroutrDrrt: f9f2 COUNTY ROAD 3If T,.ETHE[ eid, rrr rrd rinlrrrr Ge h.JL-_ - '\vry Jrr' NE', cAsTLE. co -**Hffiffffi tle compani,s ffiffi**r***ffi ,*T;TT*;;:H.,rr*..,rn", -. u tt.@ r+,.,r?TUfr:irff6hrrx _ _=_um; WANRAHTY DEED THIS DEED, Mrdc thu xho4 lc8.l .ddEsr i! 1912 couNTy RoAD Jll, NEr,, cAsrLE, co 9164?ol rhc -rvlrNEssErl{. Thu hc annrcr ",,Jil3r::..0r:m'r:rT, rnd surc or corondo, !tu*..: ,_ :::" HrxDREo sEvEIrr r8q,s flD ^ro [o/,tooh,lrr r.iDt .nd 3ffEltr, of yti.i it hrc!trr!, r,ld oo,im. ;*. rr;;.;rT:::*Yt1' h! rnnod. bffrrird, $rd ui cony.ycd, .d rv rhu ^... DoLLAxs, ",* .,". oT*Tl^i;;.'.ffi ,]:1H,1* :il'fr;*:1.il:[,ff ,j,T :.il#rid S& of Color.do deribad u ,olloE: SEE EXHIBIT "A, A?TACHED HERETO AND FORMING A PART HEREO8' 25ch l0 oo. bcrsccn .,ERIC PORTER A}ID T141111YP or s! . Counry or Coloado. gtulor. rnd GTIY GEOFFERY MTDDLETON sRrc ponreR dry of DECEMBER PORTER GAXFI ELD rnd Sar! ol 0I 0 0 STATEoFCoLORADO I couffY or GARFTELD i "' Ttc forcgoiry insrumcnt vrs mkb, da-*;;;;'ilJffifit.H#Jl, MY omittior lrpirc, 04 / OA / O 4 dr, of DEcFfiEER26 rh Wimc:r my htft, rnd officirl e.l RLr-..r*r... Uo l(a . AA--uS r-Erasl torr) C.R. 1,. N7. IU 0 91, "^$'T##lsffi::No[r] 5th Street 816s0ComonEt! Alc No. OOt lot I 20 oo. r. '1 I ?2 ------F*a $#ltlt.,ill{/#f lf ulllllfjrltlirf tllffi Llrroo z R La.@ l 2i .oo GnRFTaLD couiiri co-"' F ile No. 001 101 1 EXHIBIT "A" A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92 \A'ES'I OF THE SIXTH PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CEMERLINE OF DIVIDE CREEK, SOUTHERLY, EASTERLY AND NORTHERLY OFA FET'ICE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS MORE PARNCULARLY DESCRIBED AS FOLLOWS: BEGNIIING AT A POINT ON SAID FENCE WHENCE THE NORTHWEST CORNERoF sAlD sEcrloN 12 BEARS: NORTH oz" 4r'91" WEST 2792.12 FEET; THENCE SOUTH 1I " 33'09" EAST ALONG THE BOUNDARY LINE OF THAT PROPERTY RECOROED IN BOOK 807 AT PAGE 834 OF THE GARFIELD COUNry RECORDS 293,14 FEET O A POINT ON THE NORTHERLY RIGHT4F.WAY OF COUNTY ROAD 311, THENCE LEAVING SAID BOUNDARY LINE ALONG SAID NORTHERLY RIGHTOF.WAY THE FOLLOWING THREE COURSES; 1) NORTH 87"31'23" EAST 172.63 FEET 2l souTH 88"22'57" EAST 235.94 FEET 3l I'IORTH 86"31'42" EAST 82.43 FEET To APOINT lN THE CENTERLINE oF sAtD DtvtDE CREEK; THENcE LEAVTNG SAIDNORTHERLY RIGHT-OF-WAY ALONG SAID CENTERLINE THE FOLLOWING FOUR (A) COURSES: 1) t{oRTH 24"32'25" WEST 69.01 FEET 2) NORTH 18.02'22" EAST 64.12 FEET 3) 257.07 FEET ALONG THE ARC OF A GURVE TO THE LEFT HAVTNG A RADTUS OF 260.00 FEET AND A CENTML ANGLE OF 56 " 38'59" (CHORD BEARS NORTH 10"17'O8" WEST 246.72 FEET). 4) NORTH 38.36'37" WEST 70,93 FEET T() A POINT ON THE BOUNDARY LINE OF SAID PROPERry RECORDED IN BOOK 807 AT PAGE 834, THENCE LEAVING SAID CENTERLINE SOUTH 72"57'OO" WEST ALONG SAID BOUNDARY LINE AND FENCE L1NE 478,31 FEET, TO THE POINT OF BEGIIINING. TOGEIHER WITH the following described water and water rights, ditches and ditch rights of way that aro appurtenant to subject property; title to which is not included in the warranties contained heroin: lrrigalion water source being Divide Creek, the amount being .025 cubic feet of water per second, absolute. UUg JU LUU a T. ul1 ll r ' v Oct AO O? O3:O3p Jinmy Smith 970-625- S435 WAGON WTIEEL CONSULTTNG, INC. JIMMY W. SMITH I ll E. 3rc STREET, SUITE 213 RIFLE, CO sr6s0 OFFICE: (970) 62s-8433 FAX: (970) 62s-E435 7.? Datc: October 30,ZWl Garficld Cormty Building & Plaming Deparuncnt Io8 Sr" Street, Suite 4Ol Glenwood Springs, CO Sl60l Re: Agent Authorization To: Garficld Couniy Plan:rer Wagon Wheel Consulting tnc. (JimrnySmitb) has beenretaioedby Mr. GuyMiddleton, Owner of Canbera concrete Purnping, Inc., to rcguest a Garfield Coroty Special UsePermit for a shop and En:ck prkingbuilding erryansion projecr. The projeciaddress is 1912 County Road 3l l, Nerrr Catle, CO 81647. I hereby authorizc Wagon Wled Consulting, Inp. fo act as agent on my behalf for allmaltcrs regardingthe SIJP application pocess. Please contaCt me at (970) B?6-09t2 ifyou havc any queslions or concarns. Sincerely, Guy Middlcton Canberra Concrete l9l2 County Road 3 I 1 New Castle, CO, 81647-81601 Pumping of North America 970-945-2900 Bookings 91 0 -87 6 -09 12 F ax & Administration Tuesday 11th September 2OO7 Garfield County Building & planning Department Attention: Ms Kathleen Middleton 108 8th Street Suite 401 Glenwood Springs CO 81601 Dear Ms Middleton, Re Text Amendment to Zone District/Zoning Resolution - 1912 County Road 311 New Castle This is to confirm that Mr. Tim whitsitt of the law office of whitsitt Gross, 320 Main st, suite 200 Carbondale Colorado will be my for the application for a Text Amendment to Zone District/Zoning Resolution for the above property. Please contact me if you have any questions on 90-876-091,2 or Mr. whitsitt on g70-g63-6353. Sincerely Guy Middlet }IITSITT EI GNOSS, P.C.HLAWYERS "1??Il,- Sr_ne nr Sr_,rrc 200u.ARBo.\ D.{LE. Cot.oRencl g 1623rEl.Eplrr).\E r970t g63-6363 r.rls1r111.1.. t97 O ) 968_6667 September 21, 2007 Sincerely, Wunsmr & GRoss, p,c. O rrruorryE. wrnsrrr tt'lt it.si.t t@ccla lelct tt.cotn Kathleen Middleton Garfield Countv eyiffinS & ptanning Deparrnrent108 g,h Sheet, St. +ot Glenwood Springs, CO gl60l RE: Text Arnendment to ZoneDistrict/Guy Middleton Dear Kathleen: This office represents Guy Middreton, theproperty owner for the appricationattached' The application is for i zonetext amendm.nt una". Garfierd county Land usezoning code Section 9'03' rn" 'one iext amendment requested is the added contractor Iotas a special use in the Agricultural/lndustrial zone district. Th" ,r"" requested is the sameas listed in the ARRD zone district. The second portion of the application is a request for a special use permit undersection 10'02'01 of the code. w" rra..rtand that tt,. upfti"unt has been in discussionwith you and you are.familiar.with the application. er,u.ir.J are documents relating to therequirements for the two applications. Please feel free to contact me with any questions. Enrc J. GRoss* c d o I e I a ut @c. d a. I e I o u,. co t tt + Also acl nti tted i n M(rnrach,r s e t ts EJG:cah ISSUANCE OF THIS PERMIT 1) CONDITIONS OFAPPROVAL Thiewellshallbeu3edintucfiaway".to.",@w8terrighl8.The|s8uancaofthiaparmit does not assure ttrg applicanr that no rnjury wi, occur ro anoher virtad war;right or prectude ano$e, owner or 6 vestedwat6/ righl from aeeking relief in a civil court adiorr. The construdion of sris well shsll be in compliance with the water well construdion Rutas 2 ccR 402.2. unlggs apprcvalof a variEnce has been granled by the statE Board of EramtnerB of water well construction end purnp lngtslallonContractorr ln accordance wlth Rule lg. This well h recorded and permit approved in accodanco with cRS 37-92€02(5) for historic uso as indklated herain anddetcribe{' in cRS 37-02402(1Xb), belng a welt prooucing t6 GpM and ured flr oruinary houeehord purposes rmide .taingle family dwelling(a), fire protection, ttre watering of domegflc inimala and pouttry, and ths irigation of not rnore ttran 1Scre of home gadens and laurno. Ttc Catq ef Rrgt boneliclat use. as daimcd by tre applicant, i{, 1g€0. NOTE : PHYSICAL ADDRES$ oF VvELL IS 1812 cTY RD, 31I , NEw cAsTLE. co 81e17 2) 3) 4) #{ tilil fodn Uo. G\4,S.25 APPLICANT - ERIC & MARILYN PORTER 1912 CTYRD.311 NEWCASTLE, CO 81&47. (970) 876-2705 REGISTRANON OF E)(ISTING Ii/ELL APPROVED SAP grftcE oF THE STATE ENG|NEERgg LgBApO Dtyrst ol.t _o F wArEC iresou ncES 913^,o9qe1 y' Uag,, r 3 1 3 S hcrma n Si., o"ni",, -c.irohi o 80203(303) 88&358r LR T,YELL PERMIT NUMBER 229536 . . OIV. 5 WD45 DES, BASIN MD APP ROVEp WELL LOCAT. ! gN GARFIELD COUNTY NW 114 SW 114 Section 12 Toarnship I S Range 92 W Shdh p,M. DTSTANCES FROM SECIION LINES 2400 Ft. from South Section Line 250 Ft. from Wert SEction Line Bv.EXPIRATi No, 9500305 sratc Enginact DATE lssuEo DAT-: VICINITY MAP lgl? County Boad #31L, New Castle, CO 91647 lf 'I [1:*l"Y I I .i: : .i., , f.. 'I .;l ,i ,- i r1l ,: t \-! '; l! rr lr 1. rc) ?E- ,:rni*..:j-.. ,,' "l- r.- ---rqi' .--,-a.-.....\\-::/ * l...-'\- '. J ...1 ,.ii ' : ::i -.,:r' .,r: .':i:'jj: ', . '':. -.'.:...,,.' of North America SCALE: l'- 2OOO' SEC. tZ, T. 6 S., B. 92 U. of ilre 6TII P GANFIEID CO['N T, COTORADO &E?*!trff 1874 SIX UZY K RD, I'IEW CASTLE. CO 81647 1970) 876$939 lgLZ County ASSESSOR MAP 2179- 123-00371 Road #311, New Castle" Tax co 81647 IrrSubiect Property 200'Off-Set _l C orrrrlY fri-**r I,AND OIYNERS ITITHIN 3OO, OF SUBJECT PROPERTY: 1912 County Rd #311 Nov Castle, C() tll&{7 191.1 Courr$ Rd #311 Nerv Castle, CO $16{7 l4l2 Coulty Rd #3f 1 Nerv Castle, C() tal&{7 6061) N. Ceutrat Eqrressrvay, Suite305 Dallas, !'X 7521)6 2779-723-00-377 2't79-723-00-237 2179-114-00-383 2"t79-11 4-00-11 4 (Juy (Jeoffery Middlelon Leno B. Morrtover !'red & Janet l'rei Valley l'anns< lrrc. ECLIPSE surueying 1874 SIX UTY K RD. NEI4/ GASITE, CO 81 M7 (970) 876-s539 Canberra Concrete Pum of North America SEC. t'Z, T. 6 S., R. 92 If. of the 6TII P.M GAAFIEID COUNIY, COION.ADO SCALE: l" - *BOO' Garfield CountY Road and Bridge DePartment P.O.Box426 Rifle, CO 81650 Phone-(970)525-8601 Fax- (970)625-8627 Invoice Driveway Permit Number: GRB08-D-38 I Invoice Date:3126/2008 Bill To: Canberra Concrete PumPing 1912 CR 311 New Castle ,Co 81,647 $75.00 per DrivewaY Permit. Driveway Permit Fee:$7s.00 Total Due:$7s.oo Thank You! e-@ts _1 CANBERRA CONCRETE PUMPING OF NORTH AMERICA BUILDING EXPAi\SION FOR INDOOR TRUCK PARKING IMPACT STATEMENT 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. All utilities to provide water and sanitation for the proposed truck parking/storage facility are existing at the proposed site. A contract has heen obtained from West Divide Water Conservancy District (see Tab *Water Allocation") for the commercial use of water from the existing well. The existing septic system is adequate for the use of the toilet and wash basin by employees while at the site. No additional utilities will be required for the operations at the site. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, corruenient access to the use sholl either be in place or shall be constructed with the proposed use- Traffic to and from the site will continue to utilize the existing access onto County Road 3l1which is deemed adequate to accommodate traffic volumes estimated for the site (see Tab "Traffic Study"). The proposed expansion will result in four trucks leaving from and returning to the site for a total of 4 round trips per day. Employee's personal vehicles wiII be parked on site d{ring working hours. Canbera Concrete Pumping agree to comply with all Federal, State and Local regulations goveming traffic" 3) Design of the proposed use is organized to minimize impacts on and from adjacent use of land through instollation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized aFects, access points, lighting and signs in such o manner to protect e stablishe d neighborhood charac-ter. The proposed truck storage building wiII accommodate the parking of 4 trucks, indoors, thereby minimizing the visual impact of the operations. The site is curently screened with 12ft trees on the east side of the parking and building area (see Tab *Site Photos') and on the west side by an operational gravel concrete and pavement business. The existing shop/storage building will be extended to allow for indoor parking of the trucks and no additional B. building structures are planned. Lighting for the proposed extension will be mounted on the building. The lights will be turned on only on an as need basis. No lights will be left on during daylight or nighttime hours. The proposed use is expected to have no foreseeable impacts or change to the established neighborhood characteristics. SECTION 5.03.07 II\DUSTRIAL OPERATIONS: 1) Existing lawful use of water through depletion or pollution of surfoce runffi streamflow or groundwater. The proposed parking/storage building will use water from the existing water well for bathroom facilities. A water allocation contract for commercial purposes has been obtained from the West Dirride Water Conservancy District for the proposed use. No water wilt be used from any surface runoff or stream flows for the operations of the facility. Canberra currently stores diesel fueI for truck and concrete pump foel on site. The foeI is stored in three 500 gallon above ground tanks. No secondary containment is required due to the volume capacity of the storage tanks. No other hazardous materials are stored on site 2) Impacts on adjacent landfrom the generation ofvapor, dust, smokc, noise, glare, or vibrations, or other emanations. The proposed parking/storage building is not expected to generate any levels of vapors, dust, smoke, noise, glare or vibrations that would impact adjacent lands. The existing access road and parking area surrounding the building will be re-graveled and maintained as necessary to prwent dust and mud from migrating off site. The actnal operations of the concrete pnmping trucks wiII be condueted at other sites throughout Garfield County where the concrete is being pumped. The building will be used for parking/storage of the trucks and prrmps during non-working periods. 3) Impacts on wildlife and domestic animals through the creation of hazardous attraetions, alteration of existing native vegetation, blockade of migration routes, use pdtterns or other disruptions. The parking/storage building extension is not expected to have any impacts to wildlife and domestic animals (see Tab (Wildlife Survey,). A smaller capacity strucfure, which currently is being used fore the proposed purpose is existing. No impaets, due to the proposed building extension, wiII occur to native vegetation, or migration routes (see Tab (Reclamation & weed Management PIan"). 4) Afirmatively show the impacts of truck and automobile troffic to andfrom such use ond their impacts to areas in the County. See Tab *Traffic Study' 5) That sufficient distance shall separate such use from abutting property which might be otherwise damaged by operations of the proposed use(s). The proposed facility is located approximately 525 feet from the closest residence and 200' from the closet property lines that are not associated with the property. There is one house on the property that is used as the property o'wner's residence. but is not directly associated with the proposed use. The new proposed use is not expected to have any foreseeable impacts or adverse effects on any of the abutting properties. 6) Mitigation measures proposed for all of the forgoing impacts identified andfor the standards identified in Section 5.03.08 of this Resolution. C. SECTION 5.03.08 [Industrial Performance Standardsl: Pursuant to Section 5.03.08 of the Zoning Resolution, all Industrial Operafions in the County shall comply with applicable Coungt, State, and Federal regulations governing water, air and noise pollution and shall not be conducted in a manner constituting a public mflnner as to minimize heat, dust, smoke, vibrations, glare, and odor and all other undesirable environmcntal effects beyond the boundaries af the property in which such uses are located, in accord with the following standards: D Volume of sound generated shall comply with the standords set forth in the Colorado Revised Statues at the time any new application is made. See Tab "Sound Study' 2) Vibrations generated: every use shall be so operated that the ground vibration is inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. No vibrations are expected to be generated by any portion of the proposed use other than vehicles accessing and leaving the site, even then it is not anticipated that these vibrations wilt be perceptible with or without equipment at any boundary line or property [ine. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State, and County air quality laws, regulations, and standards. The proposed parking/storage building extension is not expected to have any impacts on Air Quality. No chemicals, other than diesel fuel will be stored on site. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially ifiertre with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reJlective painting or storage tanl<s, or other such operations which may be required by laws as sofety or air pollution control measures shall be exemptedfrom this provision. No emissions of heat, glare, radiation or fumes are expected to result from the operations at the proposed parking/storage building. 5) Storage areo, salvage yard, sanitary landfill and mineral disposal areos: a) Storage offlammable or explosive solids or gases shall be in accordance with acceptable standards and latvs and shall comply with the Federal, State, and Local Fire codes and written recommendations/ comments fro* the appropriate local protection district regarding compliance with the appropriate codes; Diesel fuel storage consist of three steel, above ground storage tanks. Canberra Concrete Pumping agrees to compty with all Federal, State, and Local Fire Codes and written recommendations. b) At the discretion of the County Commissioners all outdoor storage facilities may be required to be enclosed by fence, landscape or wall adequate to conceal such facility from adjacent properties. The building and parking area is currently screened with 12ft trees on the east side of the site. An operational gravel pit, asphalt and concrete business adjoins the property on the west side. The north and south boundaries are adjacent to agricultural and rangeland areas. c) No materials or waste sholl be deposited upon a property in suchform or manner that they may be transferced offthe property by any reasonable foreseeable natural causes or forces; No materials or waste associated with the proposed use will be dumped or deposited on any portion of the proposed site or associate property. No uncontrolled release of any stored chemicals or materials is foreseeable. d) Storage of Heovy Equipment will only be allowed subject to (a) and (c) above and the following standards. GANBERRA CONCR,ETE PUMPING, INC. SPECIAL USE PERMIT Ganbe rra Building Expansion GARFIELD COUNTY COLORADO, USA WAGON WHEEL CONSULTING 111E. Third St, Suite 213 Rifle, CO 81650 (970) 625-8433 SPECIAL USE PERMIT CANBERRA CONCRETE PUMPING, INC. CANBERRA BUILDING EXPANSION TABLE OF CONTENTS I. SUP Application II. Associated Permits III. Project DescriPtion IV. Impact Statement V. Water Allocation VI. Surface Topo MaP VII. Site Plan V[I. Area Parcel Map IX. Proof of OwnershiP X. Legal Description XI. Segregated Mineral Owners XII. Adjacent ProPertY Owners XI[. Building Drawings XIV. Reclamation & Weed Management Plan XV. Storm Water Management Plan XVI Wildlife Survey XVII Traffic Study XVII Sound Study XIX Site Photos GARFIELD COUNTY Building & Planning DePartment 108 8tn Street, Suite 201 Glenwood SPrings, Colorado 81601 Telep hone: gZO.-9+ S. 8212 Facs i m ile : 97 0'384'347 0 arfield-cou Special Use Permit GENERAL INFORMATION Cl-o be completed by the applicant') Street Address / General Location of Property 1912 County Road 311 New Castle, CO 81647 Legal Description: Parce I # 217g-123-OO-371; Lot #8 of sectiorn 12; Township 6 So-uth; Range 92 West; 6th P.M. Existing Use & Size of Property in acres: Residence & Businr:ss - 5'002 acres Description of special use Requested: construction & operation of an extension to an "*iiting buildings ior the purpose of enclosed storage and minor maintenance of concre-t" pumping trucks and associated equipment' Zone District: Resource A/l Agricultural/lndustrial Name of Propertv owneq (Appticant): canberra concrete Purnping of North ,A-merica - GuY Middleton (Owner) Address: 1gi2 County Road 311 Telephone 970-876-0912: City New Castle State:Colorado Zip Code:81647 FAX 970-876-0136: Name of owner's Representative, if any (Attorney, Planner, etc): Wagon Wheel Consulting, lnc. Address: 111 Easi i" Stte"t, Suite 213 Telephone:-970-625-8433 city:Rifle state: co Zip code:81650 FAX:970-625-8435 STAFF USE ONLY t Doc. No.: Date Submitted.- TC Date: Planner:Hearing Date: o I o I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to allthe following items below and attach any additional information to be submitted with this application: 1. please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies)- lnclude specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction witn tfre proposed use, and provisions for electric power service and arry other proposed utility improvements. Be sPecific. 2.'lf you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing wellwater, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contretci or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope I topography of your property, 1[or which a U.S.G.S. 1.24,OOO scale quadrangle map will suffice. S. Submit a copy of the appropriate portion of a Garfield County Asses;sods Map showing all minerairights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This inforrnation can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. lf you are acting aS an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf.o 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (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; (3) Design of the proposed use is organized to minimize impact on ancl 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, lighting and signs in such a manner as to protect established neighborhood characte[ 9. Depending on the typ of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility i3ubstations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building_and_planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee:Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 1 1. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplernental information to the Garfield County Planning Department. lt will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. ln addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (lf Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. lf proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to allownerc of record as shown in the County Assessol's Office of lots within two hundred feet (200) of the subject lot and to all owners of mineral interest in the subject proper$ at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified retum receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Deparfrnent. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. ln addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resotution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. lf the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized untilthis office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statementq gbove and have provided the required attached information to the best of mY knowledge Gig natu re of applicanUowner) Last Revise d: 1 1 to7 t2o02 which is UUV LVga l.Ulr lr Oct 3O O7 O3:O3p Jinmy Smith s?o-Ee5-8.t35 p.2 WAGON WHEEL CONSULTING, INC. JIMMY W. SMITHlll 8.3rc srnEET, sumB?'l3 RIFLE, CO Er650 OFFICE: (970) 625-8433 FAX: (970) 62s-E435 Datc October 30,2W1 Garficld Cormty Building & Planning Deparuncnt lo8 8u Sreet, Suite 401 Glenwood Springs,CO S160l . Re Agenl Authorization To: Garfiold County Planner Wagon'Wheel Consulting, tnc. (Jimmy Smith) has been retained by Mr- Guy Middloton, Owucr of Canbena Concrete Purnping Inc., to reguest a Garfield Corrrry Special Use Perrnit for a shop ard truck prting building expansion project. The projecf address is 1912 County Road 3 I I , New Cmtle, CO 81 647. I h€reby at*lrorizc Wagon Wheel Consulting,Inc. m ad as agtrlt on rny behalf for all mattcrs rcgarding the SIJP application proccss. Please contact me at (970) 876-0912 ifyou havc any queslions or concams. Sinerely, Guy Middlcton --''2@ GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.98-09, has established a fee structure ("Base Fee") forthe processing of each type of subdivision and lancl use applications. The Base Fee is an estimate of the average number of hours of staff tirne devotedl to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions cornbined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. O O.rual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan, If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted w;ith each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must irrclude an Aqreernent for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The followilg Base Fees shall be received by the County at the time of submittalol'any procedural application towhichsuchfeesrelate. SuchBaseFeesshall beinadditiontoandexclusiveofanycostforpublicationor cost of consulting service determined necessary by the Board forthe consideration of any application or additional County staff tirne or expense not covered by the Base Fee, which have n.lt otherwise been paid by the applicant to the County prior to final action upon the application tendered to the Ccunty. TYPE OF PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Prelirninary Plan Final Plat $2oo Arnended Plat $100 Exemption from the Definition of Subdivision (SB-35) $300 Land Use Permits (Special Use/Conditional Use Permits) . Administrative/no public hearing $250 . Board Public Hearing only $400 . Planning Commission and Board review & hearing $525 Zoning Amendments. Zone District map amendment. Zone District text amendmentt Zone District map & text amendment. PUD Zone District & Text Amendment ' PUD Zone District Text Amendment Board of Adjustment. Variancer Interpretation Planning Staff Hourly Rate . Planning Director. Senior Planner. Planning Technicianr Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee BASE FEE $400 $32s $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Coloraclo Geologic Survey $4s0 $300 $s00 $s00 $s00 $2s0 $2s0 $s0.s0 $40.50 $33.7s $30 Determined by Surveyor$ $ll-l'tpage $10 each additional page Page 2 The followirrg guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actualtime required forthe processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Arnended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board deterrnines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7 . Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) CARFIELD COUNTY (hereinafter COLINTY) and (hereinafter APPLICANT) agree as follows: APP,LICANT has submitted to COUNTY an application for -C.L*ouG-.r.1. (hereinafter, THE PRO.IECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applicat.ions, and the guidelines for the administration of the fee structure. 3. APPLICANT and COT NTY agree that because of the size, naturr3 or scope of the proposed project, it is not possible at this tirne to ascertain the full extent of the costs involr"d in processing the application' APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COLINTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COIINTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COLINTY to reimburse the CO1INTy for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COLINTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Oate: ) -2D- Df Page 4 ..i . '.t ''Print Na'me Mailing Address: , ' Esl 3 R*t t -14;/e " /3 , ) GARFIELD COUNTY Building & Planning DePartment 108 8th Street, Sulte 401 Glenwood SPrings, Colorado 81601 Telephone: gZO.-gaS.A21 2 Facsimile: 970'384'3470 www.qa rfield-cou ntv. com I Text Amendment to zone District / zoning Eglglution GENERAL INFORMATION Name of Propertv owner'. e "e ""P{, r 81 t - o1)2. Address: tglt Co,{nfl Road 3ll Telephone"W .-r, nt';Z;-t. state: Co Zip code: g tt 't7 r,ry:VlL' o 13 L i-o{ hy E ,W hitei ) Address: -5Lo Ytatvl-c- ?4D Telephone: ) City: LrvL'ndolo state: @ Zip code: *lt ?3FM:1|'o!- LLbT specific section of county Zoning Resolution of 1978 or PUD to be amended: 2.ol.03 ) Purpose for the proposed text amendment: -T-o . tlo+lM/-_a o-for QY ro D-ey' M ,dd l"*o. STAFF USE ONLY ) Doc. No.: Date Submitted:- TC Date: )> Planner:Hearing Date: nes L APPLICATION SUB,MLTTAL REOUIREME- NTS ThisApplicationappliest;;-nerSarealproo1)amend,add,ordelete specific text in the Couniy ,;"ig Resolution, anO i) amenO' add, oi delete text of an approved zone district in tne 2oning Re"solution or an approved Planned Unit Development (PUD)' As a minimum, specificarrv respond T.'XJi;l?l:ffie liT#[],311 attach anv additionar information to 1. Submit a cover letter containing a detailed narrative describing the propose.d,amendment to an approved zone district including ,n "ppio*o Ftanned Unit Development (PUD) or text of the Zoning Resolution of 1g7g, as ameniJd. This narrative should describe the overall purpose of the amendment anJ the specific sections of the resolution are to be amended' 2, Submit a copy of the deed, legal description, and copy of the county Assessor's Map of the realproperty,ownedbytheApplicantinGarfleldCounty,whichwillbeaffecte,dbysuchchange. 3. lf you are acting as an agent for the property owner., y.ou must attach an acknowledgement from the property owner thlt you may act in his/her behalf' 4. submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreennent for Payment" form and provide the fee with the application' 5.Submit2copiesofthiscompletedapplicationjgrmand.alltherequiredsubmittalmaterialsto the Buirding and pranning Departmenti strr w,r request additionar copies once the application has been dlemed technically complete' il.n'j;o,o, L';ffH:t'sd a two Hl'ffi ::::;,].J#i;;;;i;.;i;*"dtr1:^l'+#,n^:^',^H':::""::3fi l$ffi :.i.".",.,iH5.1'l,?i.'iJ,?'iB::::':iHfiilZ;#i';i;;" il; r'LrLil"g steps outrine how the rext . r'larfiald C.nrrntv )iil#ffiirppiiJii.. review process works in Garfield Countv') 1. submitthis completed application form (pages 1-4)' base fee' and all submiltal requirements to the Garfield county planning Departme'rii]r*itt be received and given to a staff Planner who will review the application for technical completeness' 2.oncetheapplicationisdeemedtechnicallycomplete,theStaffPlannerwillsendyoualetter indicating the apprication is comptete.'in ,ddition, the retter wi, indicate tl're dates and times scheduled for your request to be neard- o"to'" the Planning commission during a public meeting (no notice required) and^the B;;'Jotcounty Commis-sioners during a public hearing (notice requireolllr,-e- rtanning co*[i.rion witt forwaro a tecommendation to the Board of County Commissiono, to be-considered during ' p.op"'iy noticed public,hearing' Staff will send you the appropriate ,,public f.f"ii."-f.ir(J)' inOicatin6 tnu time and date of your public hearing and will provide you.with,r-St'ff N/iemorandum regarding your.'request' (lf Staff determines your apprication to oe oerlreni.a 'etterwi, be seni"to yoLlinoicating that additional information is needed to deem your application complete') 3. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public hearing before i[" aorra of corrty"B#;i;.i;;J,..-ti p'op"' iotice hars not occurred' !@ pruti" t't".rinq ;it-not occ'r' Notiie requirements are as follows: a. Notice by publication, including the name of the applicant' description of the subject lot, a description oithe-proposed amendment and nature of the hearing' and the date, time anO ptace tor ine'nearing shall be given once in a newspaper of general circulatron in that-jortion of the county in which the subject property is Iocated at least thirty (30) lrr not more than ri"ty (oo) days. prior to the date of such hearing, and prooi oi puoticarlon shall be presented at hearing by the aPPlicant. 4.TheApplicantisrequiredtoappearbeforethePlanningCommissionandtheBoardofCounty commissioners at the time and date oi ihe puoric mjeting / hearing a.t which time they will consider the request. ln addition, the Applicant shall provide proof at the h.earing before the Board of county commissioners that proper notice (publication) was provided' 5. Once the Board of County Commissioners makes a decision regarding the request' Staff will provide the Appl.aant with a signed |.",otution memorializing the action taken by the Board. Following tne aoaiJs' ,pprou.i, tnis Lmce wilt make the ipproved changes to the Zoning Resolution. I have read the statements above and have provided the required attached infornration which is correct and accurate to the best of my knowledge' Last Revised 0712007 6ignature of ProPertY Owner) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREBMENT FOR PAYMENT FORM (Shalt be subntitted u'ith applicatiott) r G ""fl-."y f{ idJ ["to- GARI'IELD COI-INTY (hereinafter COLTNTY) und e kY (hereinafter APPLICANT) agree as follows: 1.APPLICANThassubminedtoCoI.INTYanapplicationY.==-l#T.r.t \"n".rJ nn" t"t 1o Z"^. bis+rl"f/7""',13 R.srl*hota (hlreinafter, THE PRoJEC'r)' 3.APPLICANTandCOU-NTYagreethatbeclyseofthesize,natureor'Scopeofthlproposed project, it is not possible at this time to ur"'.*uin the fu[ extent of the costs involved in processing the application. A,PLICANT agree, ,o *u[. payment :l-t9 Base Fee' established for the PR,JECT' and to thereafter pennit additional -costs to ue uiitea to A,'LICANT. A''LICANT agrees to make additional payments upon notificuiion uv the Col-Jl\TY when tliey are necessary as costs are incured' e;',,:'ilff Titr*l;r,ro[#*'ffi qilllfgffi ::T#"f, Hffi*:;:.Hfr*ir",#ffiT$?rui;l':ili1fl::'i;1ii'J.'lKT'ililffiffi1;#iiilii"g"L coUNrY to reimburse trre coLrNrY - A\T'r ^^I,-^,'rlcdscq that all billine shall be paidffi :;?:J:i:ix'*"#;:??3ffi iT#::iqir:{"1ii::*i:*:::ln";#rilTlT::i::l,TIillfor the processing of the PROJEU I mentloneu auuvs' nf I Lr\ anaendment, or subdivision p.i"r r" the flrnai-consideration by the C.UNTY of any land use permlt, zonrng +.The Base Fee shall be in addition to and exclusiive of any cost for: publication or cost of ideration of an Z. APPLICANT understands establishes a fee schedule for each type the administration of the fee structure' plan. APPLICANT Signature o^t", Q Z?o? G-., G"o{{.", f4idJ le-tou. Print Name and agrees that Garfield CountY of subdivision or land use review Resolution No. 98-09, as amended, applications;, and tl're guidelines for . \1tZ G*,",{., RdMailing Address: Page 4 BOCC 1Arc/2007 CR PROJECT TNFORMATION AND STAFF COMMENTIS REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: Amend the text of Section 3,g1,0.S of the ZoningResolution of i 97g, as amended, iegarOing the use oTContractor's yards as a Sper:ial Use"in th; A/ fiutfrcMeeting) Guy Middteton Jimmy Smith, Wagon Wheel C;onsulting I, BACKGROUND The Applicant' Guy Middleton, is a landowner on county Road 311 in Ganfield county, located nearthe Town of New castle and zoned AgriculturallnJustriat (A/l). The ,Applicant owns canberraconcrete comPanY which is operated on:rit". ine apfiiicant is currenfly operating under conditionatUse Permit (cuP) which allows for the storage "rJir (1) canberra iorici"te pumping truck andassociated equipment' The current operationJs not in compliance with pr,-= issueo cup. lt is staff,sinterpretation that this use being cond'ucted on-site is alcontractors iaiil*ni"n is not permitted asa use by right' conditional use or special use within theful Zone Distiict. ine Applicant is requestingaZone District Text Amendment to allow "contractorb Yards" intne nttzc,n-" Di.tri.t. The followingdefinition was approved by the Board of co;t bommissioners as parl of a previous TextAmendment' which incluoed the use ioentified as a contradtors yard within theAgricurturar/Residentiar/Rurar Density zoie oirlri.i' rin not, 'The use of land for the purpose of storing machinery, equipment and supplies for an individual business il:,Lt#:ffi:'"il ffij,o,,;iilii"|Push t[e use or tti" ,*iinery, equipment cr suppries sucn use may lt. Garfield county will encourage the development of a diversified industrial base for the countywhich recognizes the huma-n resources, natural resources and physical location-to-marketcapabilities of the community, and whici', trrtn"i rlriinl=., and aordresses the social andenvironmentar impacts of industriar uses. 4ee qrrLr auurcuues To ensure that commercial and industrial development are compatible with adjacent land usesand mitigate impacts identified during the pran r&-i"* prJ"r, fiffi:tffi,,Jir[::li:,,:,,.,#ffi:t deveropment in areas where visuar, noise, air quarity and Ensure that Zoning Regulations addressing commercial and lndustrial uses reflect the changingland use patterns and demographics orth; county anJ "rJorr"g" the iurther diversification ofthe County economy. ' Ensure a commercial and industrial development policy that is environmentally sound and 1 proposed to be a Special Use in the ful Zone District, the goals and otrjectives identified can beaddressed as part of a specific project review process. SUGGESTED FINDINGS That the meeting before the Board of County Commissioners was extensive and complete,that all pefiinent facts, matters and issues were submitted and that all interesteO fafties wereheard. That the proposed text amendment can be determined to be in ther best interest of the health,safety and welfare of the citizens of Garjield County. . That the application has met the requirements of the Gar{ield County Zoning Resolution of1978, as amended. vil. 1. 2. 3. 3 CANBERRA CONCRETE PUMPING NARRATTVE Wagon Wheel Consulting, frc., on behalf on Canberra Concrete Pumping is requesting a "ZoLe Text Amendment" to allow for a Special Use Permit applicatiorr submittal on the subject properry located in Section 12, T 65, R 92W,6tr P.M. The physical address being 1912 County Road 311 New Castle, CO. The parcel number 2179-123-00-371is Lot #8 and is zoned AI, which current land use regulations do not address Special Uses. The proposed project includes the expansion of an existing storage building for the purpose of indoor parking of concrete pumping vehicles and associaterl equipment. The current building houses two vehicles; whereas the expansion will accommodate an additional two vehicles. The current facility is permitted by Garfield County; however, the proposed expansion will require a new Special Use Permit. A SUP application will be submitted by Wagon Wheel Consulting, Inc following the approval of the text amendment. The initial request was made by Timothy E. Whitsitt of Whitsitt & Gross P.C. At Canberra Concrete's request, Wagon Wheel Consulting, [nc. will now represent them in regards to these proceedings.t 2o oo, bcuan .,ERIC PORTER AND MARILYN or h! . County o, Colondo, ttulor. rnd GUY GEOFFERY MIDDLETON ER]C PORTER dry of DECEI\,IBER PORTER GA.RFI ELD vhorctcsrladdGstis 1912 couNTy ROAD 3r1, NEt.t CASTLE, co 8164?of hr counry of cAx.FrELDMTNESSETH. Thu o,c gnnror ,or r_il'no 0' GAI.FTELD irlto li-lrolra Gc(6,re -_._ lnd in cofirdcrrtion of thc sum oI rnd Sht! of Colondo. lnntc " u ,.@ '*.lfii?ouuflr 1t;!;hT x .- ---_T;..d"_; WAR.RANTY DEED TIIIS DEED, Madc rhu 26ch rnd Sat! of rd Se ol cototdo deriUC u foltbu: ,_ ::.1," ,n r,rEo sEvE*ry ,r*r*-ir,',ilriol.Ilon or *. .r, o, Lo,on.o. r,r*c. q! E irt md llfricmy o( vtic6 il hranrcr urd @olifir. uilo uc trura, n,rill:1**:'" hr t[il.d. brrtriftd. std rr,a cony.yod, ud br 6e n,., DoLLAxs,D.r rhd ,sbu ,orcvcr. r, o. ,-, ".:::::: co:t:'vod' ud b, th+ ereoB d€ rru. br,u- ur con'ry md Goilnnr. *" ,r. ";;;,,..*iiflL,:;,T ,ffif;,tj::il.fr;*[:ilJ.:[,ffi.,T l*#bflrtrq. ell 0 / 0 0 SEE EXHIBIT "A" A"TACIIED HERETO AND FORMINO A PART HEREOF .trmhbrk€wnsEDsri: l9f2 COUNIY ROAD JII TocErHEn *i6 rll rr, tioturu .,. h.J,.-_ - 'tvry 'lrr' NEI{ cAsTLE, co -##ffi tle Company,e ffiffi*****r ffi ;LH,=, nr:H.,r; *..,#n,, STATE OF COLONA.DO Counry of GARFIELD Ttc fom3oing inqrurrcnr wrs rkb, "i. io"rr*'ffi,ffi|}'J.H#JI, 25rh My comi$ion upirc, O4 / Og / O 4 dry of DEcstBER ,l3t ,00 X1 RE=..rAr-r -o I(a . AArus.-E-co^-) rer> C.R a., Wimer my hrM ud offici.l r.l Norrry 5rh StreeEgr65o Coffiop€t! prlc No, @t lot I 2o oo. I 22 -4*1 ]l.T,IlUt 4rfl fllrlJf Ut lll lryll| I lruU il ae z R La.a o zi .ao GARFIELD iouliri co-"' F ile No. 001101 t EXHIBIT "A" A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92 \/l'ES] OF THE SIXTH PRINCIPAL MERIDIAN, LYING WESTERLY OF THE CEMERLINE OF DIVIDE CREEK, SOUTHERLY, EASTERLY AND NORTHERLY OFA FENCE AS CONSTRUCTED AND IN PLACE, SAID PARCEL OF LAND IS MORE PARNCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID FENCE WHENCE THE NORTHWEST CORNEROF SAID SECTION 12 BEARS: NORTH 02 47,51" WEST 2732.12 FEET; THENCE SOUTH I I " 33'09" EAST ALONG THE BOUNDARY LINE OF THAT PROPERTY REGOROED IN BOOK 807 AT PAGE 834 OF THE GARFIELD COUNTY RECORDS 293,14 FEET O A POINT ON THE NORTHERLY RIGHTOF.WAY OF COUNTY ROAD II1, THENCE LEAVING SAID BOUNDARY LINE ALONG SAID NORTHERLY RIGHTOF.WAY THE FOLLOWING THREE COURSES: 1l NORTH 87"31'23" EAST 172.63 FEET 2l souTH 88.22'57" EAST 235.94 FEET 3l NORTH 86.31'42" EAST 87.43 FEET TO APOINT lN THE CENTERLINE OF SAID DIVIDE CREEK; THENCE LEAVTNG SAIDNORTHERLY RIGHT.OF-WAY ALONG SAID CENTERLINE THE FOLLOWING FOUR (4) COURSES: 1) NORTH 24"32'25" WEST 69.01 FEET 2) NORTH 18.02'22" EAST 64.12 FEET 3) 257.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVTNG A RADTUS OF 260.00 FEET AND A CENTRAL ANGLE OF 56" 38'59" (CHORD BEARS NORTH 10o17'08" WEST 246.72 FEET). 4) NORTH 38o 36'37" WEST 70.93 FEET TO A POINT ON THE BOUNDARY LINE OF SAID PROPERTY RECORDED IN BOOK 807 AT PAGE 834, THENCE LEAVING SAID CENTERLINE SOUTH 72"57'OO'' WEST ALONG SAID BOUNDARY LINE AND FENCE L1NE 478.31 FEET, TO THE POINT OF BEGI}INING. TOGEIHER WTH the followlng described water and water rights, ditches and ditch rights of way that are appurtenant to subject property; title to which is not included in the warranties containEd hsrein: lrrigalion water source being Divide Creek, thE amount being .025 cubic feet of water per second, absolute. O.t 30 LUU a T. uIa rl O? O3:03p Jinmv Smith p.29?O-625-8.135 WAGON WHEEL CONSULTING, INC. JIMMY W. SMITH I lt E. 3m STREET, SUITE 213 RIFT-E, CO 81650 OFFICE: (970) 62s-8433 FAX: (970) 62s-E435 Datc: October30,2W Garficld County Building & Planning Deparbnent l08 8$ Street, Suite 40t Glenwood Springs, CO S I 601 Re: Agent Authorizati oD To: Gaylicld County Planner Wagon Wheel Consultirtg; tnc. (Jimrny Smitb) has been retaioed by Mr. Guy Middieton, Ocner of Canbena concrete Purnping Inc., to request a Garfield cor:nty Special Use Permit for a shop and tnrck parking building er(pansion project. The prqiecf addrEss is 1912 County Road 3l l, New Casrte, CO 81647. I lt€reby autlrorizc Wagrcn Whed Consulting Inc. m act as agent on my behalf for a1 mattcrs rcgarding thc SUP application pocess, Please contact me at (970) 876-0912 if 1tolr havc any queslions or concarns. Sincerely, Guy Middlcton Canberra 1912 County Road 31 I New Castle, CO, 8 1647 -81601 Concrete Pumping of North America 910-945-2900 Bookings 91 0-87 6 -09 12. F ax & Administration Tuesday 11th September 2007 Garfield County Building & planning Department Attention: Ms Kathleen Middleton 108 8th Street Suite 401 Glenwood Springs CO 81601 Dear Ms Middleton, Re Text Amendment to Zone District/Zoning Resolution - 1912 County Road 311 New Castle This is to confirm that Mr. Tim Whitsitt of the law office of Whitsitt Gross, 320 Main St, suite 200 Carbondale Colorado will be my for the application for a Text Amendment to Zone District/Zoning Resolution forthe above property. Please contact me if you have any questions on 90-876-091.2 or Mr. whitsitt on g70-g63-6353. Sincerely Guy Middlet O rrmorry E. lVrursrm tt' lt i ts i. t t@cd ct le I cr u.,. co tn HITSITT EI GNOSS, P.C. - LAWYERS "r,??I1,- Srnenr Sr.irc 200L ARB0,\:D.{LE. Cot.oReno B I 623fEr.EPrro.\E rg70 ) g6ll_6363 r.{(.,slyri.r.j ( 970 ) 968-6667 September 21, 2007 Enlc J. GRoss* cdalela u;@<.da lelo tu.cotn ^Al$o aclD.iiled in M.esacht!aetrs Kathleen Middleton Garfield Countv rrl,^,g,n* & ptanning Depanmenttog g,h Sheet, 5t. +Ot Glenwood Springs, CO gl60l RE: Text Arnendmen t to ZoneDistrict/Guy Middleton Dear Kathleen: This office represents Guy Middreton, theproperty owner for the appricationattached' The application is for a zone text amendm.rt una", Garfierd county Lard Usezoning code Section 9'03' rne zone iext amendment requested is the adrjed contractor lotas a special use in the Agricultural/Industrial zone district. Th" ur" requested is the sameas listed in the ARRD zone district. The second portion of the application is a request for a special use permit undersection l0'02'01 of the code. wri*a.rrtand that the applicant has been in discussion Hll##,l t11fliffi;fiyj,tl||" apprication e,,u.i,.J are documents reraring to the Please feel free to contact me with any questions, Sincerely, WTUTSMT & GROSS, P.C EJG:cah ISSUANCE OF THIS PERMIT GONDITIONS OF APPROVAL 1)Thhwell$h8llbeusedinsuchaway".to"",@waterrights.Theissuancoofthiaparmit does nor aseure the appricant thst no rnjury wilr occ,' ro anotheiviated water rigril or prectude anfihe, owner of a vestedwater righl hom aeeking relief in a civil court adion.2) The construdion of fris well shsll be in compliance with the water well construction Ruleu 2 ccR 402.2, unles3 approvilof a variance has been granled by the state Board of Eraminert of water well construction end Fump hstsllallonContraclorg ln accordartce wlth RUe ig.3) This well h recoded and permit appnoved in eccordanco wtth cRS s7.s2€02(5) for historic use au indicated herain anddescribed in cRS 37-92402(1Xb)' belng a wellproducing 16 GPM and ueed for ordinary houeehotd purpos$ lnside 1single family dwelling(s), fire proteclion, ihe watering of domegflc animate and pouttry, and iha irigation of not rnore than 1ecra ol home gattens and laurns. 'l) The Catq ef flrEt bonelicla! use. ai deimcd by tre applicant, ki 1g€0. N0TE : PHYSIOAL ADDRESS oF WELL ts 1s12 cTy RD, 311 , NEw cAsrLE. co B1E4z #{ ubl fodn Ho. : GlA6.25 grftqE oF THE STATE ENG|NEERggIgBADO. Dtyrst o_N _o F wArEn ireso u ncEs8-18-Certtennill Bldg,, .l313 Shcrman-St., Oenver, Colonlo 80203(303) 86&358,t LR APPLICANT - ERIC & MARILYN PORTER 1912 CTY RD,311 NEWCASTLE, CO 81647- (970) 876-2705 REGI$TRANON OF EXISTING WELL APPROVED SAP WELL PERMTT I,IUMBER 22gig6 _ DIV. 5 WD 45 DES. BASIN MD AP P ROVED VIJELL LOCATION% GARFIELD COUNTY NW 114 SW 1t4 Sec[on 12 Toanship I S Range g2 W Sixth p,M, D|STANCES FROM SECIION LTNES 2400 Ft. from South Section Line 250 Ft. from Wert SEstion Line t'=*t,*t'oN DAT'. No, 9500305 StEte Enginact DATE ISSUED ECLIPSE surueying 1874 SIX UN K RD, NEW CAS7f* CO 81 M7 (970) 8765939 VICINITY MAP 1912 County Boad #31L, New Casile, CO o1647 F(x;i,l'rl; J " '-:l Hl',\. ''---'i.'.--.. :[1,i i .r'---: -i:.-:- , !V;i, iJ '"{' J T ;\\,.) _. I. ':+ .---+ . ..,'. l : 'f l. '-,r -. . |.r?!' i l.-_t*i i;l-.- ,o*'rt . .. ' ::i iiUi-:i; r'hrri: "': Jl i \'u .i: ,.,1i; : rl ,:: 'I i{t,: t' X.' .-'jl .'., I ' t--.,, t,, .. .. .-,.', .{t . -'::-,i*a i.+,? .' 'J- J- .')l:i'##i..c::-.- STALE: l' :2OOO' of North America SiEC. lZ, T. 6 S., n. gZ U. of tlre 6fiI p GANFIEID COUMIY, COIONADO ASSESSOR MAP 2179- 123-00371 LgtZ County Road #3LL, New Castle, C0 81647 Tax ffi-r) ySubiect Progerty 200'Off-Set {""1g fft-*ur rQB9 I"AND OITNERS ITITHIN POO, OF SUBJECT PROPERTY: 2779-123-0A47'l 2779-723-00-237 2't79-"t 14-00-383 2179-17 4-00-114 (Juy (JeolIery Middleton Leno B. Montover Fred & Jane{ }trei Valley l'anns< lnc. 1912 County Rd #311 Nerv Castle, C() tl'|6{7 I914 County Rd #3ll Nov Castle, C0 $1&{7 1.112 Couury- Rd #311 Nerv Castle, C() tll&t7 606t1 N. Central Expressrvay, Suite3tl5 llallas, !'X 7521)6 TL ECL|PSEEf surveytng 1074 slx uzY K RD,rurry cnszL, co Blal T*.*=; Canberra Concrete Pum of North America SHEET: 1 of 1 SEC. LZ, T. 6 S., R. 92 T. of the 6TH P.M. GANFIEID COUNIY, COTONADO(970) 876-5539 |jJx? SCALE: l'= *6O0' Garfield County Road and Bridge Department P.O.Box426 Rifle, CO 81650 Phone-(970) 525-8601 F ax- (97 0) 625 -8627 BiII To: Invoice Driveway Permit Number: GRB08-D-38 Invoice Date: 3/26/2008 Canberra Concrete Pumping 1912 CR 311 New Castle ,Co 81,647 $75.00 per Driveway Permit. Driveway Permit Fee: Total Due: Thank You! $7s.00 wery Garfield County Application for Driveway Permit Person Obtaining Permit: Canberua Concrete Pumping Applicatio n Date: 3/2 6/2 008 County Road Number: 311 District: Silt Permit Number: GRB08-D-38 Termination D ate : 4/2 6/2 00 I Inspector: Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road.31l" 350ft West of Colorado River Rd, located on the North side of road for the purpose ofobtaining access to properfy. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage oflot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structue improvements. 8. No unloading of equipment on county road, any damage caused to counfy road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions The applicant represents all parties in interest, and affirms that the dnveway approach (es) is to be constructed by him for the bona fide purpose ofsecuring access to his property and not for the purpose ofdoing business or servicing vehicles on the road nght of way. The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the dnveway(s). Al1 work shall be completed within thirty (30) days of the permit date. The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be ofsatisfactory quality and subject to inspection and approval ofthe Board of County Commissioners or their representative. The traveling public shall be protected during the installation with proper warning signs and signals and the Board of Counfy Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal i.Uury or property damage sustained by any reason of the exercise of the Permit. The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the Counfy snow removal operations. 1) 2) 3) 4) s) 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of CoLrnty Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. l0) Contractor agrees to all Provisions in Exhibit A. Special Conditions: l. Driveway Width- 30ft 2. Culvert required? False Size: by 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x l0ft long x 4in thick 4. Gravel portion required? True Length: l00ft 5. Trees, brush and/or fence need to be removed for visibility? True 6. Distance and Direction:180ft west of existing southeast entrance 7. Certified Traffic Control Required? True 8. Work zone signs required? True In signing this application and upon receiving authorization and permission to install the driveway approach (es) rscribed herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved relephone Number: ? ?D -4ll - SYJJ Permit granted 3/2612008, subject to the provisions, specifications and conditions stipulated herein. by the Board of County Commissioners. Representative of Garfield County Road and Bridge Signature For Board of County Commissioners' of Garfield County, Colorado: lJujvJruS-, Specifications l. A driveway approach is understood to be that portion of the county road right-of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadway and abutting properfy. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the countlz road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or properry the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess ofone hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. Al1 driveways shallbe so located that the flared portion adjacent to the traveled way will not encroach upon adjoining property. .-. 7. No commercial driveway shall have a width greater than thirry (30) feet measured at right angles to the centerline f of the driveway except as increased by permissible radii. No noncommercial driveway shall have a width greater - than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissible radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixfy (60) degrees but shall not be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off-the-road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (lO%). 1 1. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site where and rvhen work is being done. A work sketch or Jrawing of the proposed driveway(s) must accompany application. No permit will be issued rvithout drarving, blueprint, or sketch. oe Contractor, BOARD OF COU]TTY COMMISSIONERS OF GARFTELD COUMTY CERTIFICATION AI{D AFFIDAVIT REGARDTNG TLLEGAL ALTENS whose name and signature appears beLow, certifies and agrees as follows: 1. The Contractor shal-l comply with the provisions of C.R.S. 8-L7-5-101 et seq. The Contractor shall- not knowingly employ or contract with an i11ega1 alien to perform work for the Board of County Commissioners of Garfiel-d County, Colorado ( "BOCC" ) or enter into a contract with a subcontractor that knowingJ-y employs or contracts with an illegal alien. 2. The ConLracEor represents, warrants, and agrees that it has verified that it does not employ any iIlega1 aliens; t.hat it has participated or attempted to participate in the Basic PiloE EmploymenE Verification Program administsered by the Socj-al Security Administration and Department of Homel-and Security,' and otherwise sha11 comply with E.he requirements of C.R.S. 8-17.5-102 (2) (b) . 3. The Contractor shal1 comply with all reasonable requests made in the course of an investigation under C.R.S. g-17-5-lO2 by the Colorado Department of Labor and Employment. ff the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-1-01 et seq., the BOCC may terminate work for breach and the Contractor shall- be liable for actual- and consequential damages to the State. 4. If the Contractor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): 1/ - am a united states citizen,U- I am a Permanent Resident of or the United States, or f am 1awfu1Iy present in the United SLates pursuant to Federal law. I understand that this sworn statement is required by 1aw because I am a sofe proprietor entering into a contract to perform work for the BOCC. f understand that state law requires me to provide proof that f am fawful-1y present in the United States prior to starting work for the BOCC. r further acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et seg. and will- produce the required form of identification prior to starting work. I acknowledge that making a fal-se, fictiti-ous, or fraudulent statement or represenEation in this sworn affidavit is punishable under the criminaL laws of Colorado as perjury in the second degree under C.R.S. 18-8-503. FEIN or v:/B s cERrrFrED and AGREED ro rhis %. u^, ., QaZel-, 2oo_ RACTOR:a-Z/ya or FulI Legal ature ,/, ame )Social Security Number Permit Number: GRB 08-D-3 7 Title Exhibit A o CANBERRACONCRETEPUMPINGOFNORTHAMERICA BUILDINGEXPANSIONFoRINDOORTRUCKPARKING IMPACT STATEMENT SECTION 5.03 REYIEW STANDARDS: 1) Utilities adequate to provide water and sanitation service based on accepted engineering itandards and approved by the Board of County Commissionirs thall either be in place or shall be constructed in conjunction with the proposed use. All utilities to provide water and sanitation for the proposed truck parkinglstorage facility are existing at the proposed site' A contract has been ont"ir"O from West Divide Water Conservancy District (see Tab *Water Allocation") for the commercial use of water from the existing well. The existing septic system is adequate for the use of the toilet and wash basin by "-ptoy-"o while at the site. No additional utilities will be required for the operations at the site. 2) Street improvements adequate to accommodate traffic volume genera-ted by the priposed use and i provide safe, convenient access to the use shall either be in place or shall be constructedwith the proposed use. Traffic to and from the site will continue to utilize the existing access onto county Road 311which is deemed adequate to accommodate traffic volumes estimated for the site (see Tab "Traffic Study'). The proposed expausion will result in four trucks leaving from and returning to the site for a total of 4 round trips per day. Employee's personal vehicles will be parked on site during wJ*ing hous. Canberra Concrete Pumping agrees to comply with all Federal" State and Local regulations goveming traffic' i) Design af the proposed use is organized to minimize impacts on and from' adjaieni ^" if land through irutallation of screen fences or landsc.ape materials on tie periphery of the lot ond by location of intensively utilized dtreas, access points, lighting and signs in such a manner to protect e stablished neighbarhood charaaer. The proposed truck storage building will aecommodate the parking of 4 frucfs, iod*rr, thereby minimizing the visual impact of the operations. The site is curently screened with 12ft trees on the east side of the parking and buitding r* ("o Tab *Site Photos') and on thewest side by an operational grave! concrete and pavement business. The existing shop/storage building rr.iU U* extended to allow for indoor parking of the trucks and no additional building structures are planned. Lighting for the proposed extension will be mounted on the building. The lights will be turned on only on an as need basis. No lights will be left on during daylight or nighttime hours. The proposed use is expected to have no foreseeable impacts or change to the established neighborhood characteristics. SECTION 5.03.07 INDUSTRIAL OPERATIONS: I) Existing lawful use of water through depletion or pollution of surface runoff, streamflow or groundwater. The proposed parking/storage building will use water from the existing water well for bathroom facilities. A water allocation contract for commercial purposes has been obtained from the West Dirride Water Conservancy District for the proposed use. No water will be used from any surface runoff or stream flows for the operations of the facility. Canberra currently stores diesel firel for truck and concrete pump fuel on site. The foeI is stored in three 500 gallon above ground tanks. No secondary containment is required due to the volume capacity of the storage tanks. No other hazardous materials are stored on site 2) Impacts on adjacent landfrom the generation ofvapor, dust, smolce, noise, glare, or vibrations, or other emanations- The proposed parkinglstorage building is not expected to generate any levels of vapors, dust, smoke, noise, glare or vibrations that would impact adjacent lands. The existing access road and parking area surrounding the building will be re-graveled and maintained as nocessary to prwent dust and mud from migrating off site. The actual operations of the concrete pumping trucks will be conducted at other sites throughout Garfield County where the concrete is being pumped. The building will he used for parking/storage of the frucks and pumps during non'working periods. 3) Impacts on wildlife ond domestic animols through the creotion of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. The parking/storage building extension is not expected to have any impacts to wildlife and domestic animals (see Tab (wildlife Surwey'). A smaller capacity strucfure, which currently is being used fore the proposed purpose is existing. No impacts, due to the proposed building extension, wiII occur to native vegetation, or migration routes (sec Tab *Reclamation & Weed Management PIan'). 4) Affirmatively show the impacts of truck and automobile trffic to andfrom such txe ond their impacts to areas in the County. See Tab "Traffic Study' C. 5) That sufficient distance shall separate such use from abutting property which might be otherwise damoged by operations of the proposed use(s). The proposed facility is located approximately 525 feet from the closest residence and 200' from the closet property lines that are not associated with the properfy. There is one house on the property that is used as the property owner's residence. but is not directly associated with the proposed use. The new proposed use is not expected to have any foreseeable impacts or adverse effects on any of the abutting properties. 6) Mitigation measures proposed for all of the forgoing impacts identified andfor the standards identified in Section 5.03.08 of this Resolution. SECTION 5.03.08 llndustrial Performance Standardsl : Pursuant to Section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply wilh applicable County, State, and Federal regulations governing water, air and noise pollution and shall not be conducted in a manner constituting a public manner as to minimize heat, dust, smoke, vibrations, glare, and odor and all other undesirable environmental effeca heyond the boundartes of the property in which such uses are located, in accord with the following standards : l) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statues at the time any new application is made. See Tab "Sound StudyD 2) Vibrations generated: every use shall be so operated that the ground vibration is inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. No vibrations are expected to be generated by any portion of the proposed use other than vehicles accessing and leaving the site, even then it is not anticipated that these vibrations wiII be perceptible with or without equipment at any boundary lins 6a property line. 3) Emissions of smokz and particulate matter: every use shall be operated so as to comply with all Federal, State, and County air quality lows, regulations, and standards - The proposed parking/storage building extension is not expected to have any impacts on Air Quality. No chemicals, other than diesel fuel wiII be stored on site. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reJlective painting or storage tanl<s, or other such operations which may be required by laws as safety or air pollution control measures shall be exemptedfrom this provision. No emissions of heat, glare, radiation or fumes are expected to result from the operations at the proposed parking/storage building. 5) Storage area, salvage yard, sanitary landfill and mineral disposal areas: a) Storage offlammable or explosive solids ar gases shall be in accordance with acceptable standards and laws and shall comply with the Federal, State, and Local Fire codes and written recommendations/ comments fro* the appropriat e I ocal pr otection distr ict regar ding complianc e with the appropriate codes; Diesel fuel storage consist of three steel, above ground storage tanks. Canberra Concrete Pumping agrees to compty with all Federal, State, and Local Fire Codes and written recommendations. b) At the discretion of the County Commissioners all outdoor storage facilities may be required to be enclosed by fence, landscape or wall adequate to conceal such facility from adjacent properties. The building and parking area is currently screened with 12ft trees on the east side of the site. An operational gravel pit, asphalt and concrete business adjoins the property on the west side. The north and south boundaries are adjacent to agricultural and rangeland areas. c) No materials ar waste sholl be deposited upon a property in suchform or manner that they may be transferred offthe property by any reasonable foreseeable natural causes or forces; No materials or waste associated with the proposed use will be dumped or deposited on any portion of the proposed site or associate property. No uncontrolled release of any stored chemicals or materials is foreseeable. d) Storoge of Heavy Equipment will only be ollowed subject to (a) and (c) above and the following standards. I) The minimum lot size is five (5) acres and is not a platted subdivision. 2) The equipment storage area is not placed any closer than 300 "ft. "fro* any existing residential duelling. 3) All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured fencing or a combination of any of these methods. 4) Any repair and maintenance activity requiring the us of equipment that will generate noise, odors, or glare beyond the property boundaries will be conducted within a building or outdoors the hours of 8 a.m. to 6 p.m. Mon.-Fri. 5) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Responses to I through 5 1. The property consists of 5.002 acres 2. The closest residence is 525 feet from the proposed building extension. 3. See response to section 5B above 4. AII maintenance or repairs to the trucks and pumping equipment will be conducted within the proposed building. 5. Operations on this site will comply with these standards e) Any storage area for uses not associoted with natural resources shall not exceed ten (10) acres in size. The proposed use in not associated with nafural resources and is expected to only use a small portion of the existing site. fl Any lighting of storage oreas shall be pointed downward an inward to the property center and shaded to prevent direct reflection on adjacent property. All lighting will be mounted on the proposed building and will only be operated during dark, working hours. The lights will be turned off during daylight and non-working hours. 6) l{/ater Pollution: in a case in which potential hazords exist, it shall be necessary to install safeguards designed to comply with Regulation of the Environmental Protection Agency before operations of the facility may begin all percolation test of ground water resource test as may be required by the Local or State Health fficers must be met before operation of thefocility may begin. No water pollution from the operations of the proposed facility is anticipated. A storm water permit wiII not be required due to size of site (see Tab *Storm Water Management PIan'). WH$T ffiEVNDE WP.Tffiffi E#MSETqVA"N*Y MlSTffigT"i- 1Sg WEST FOURTF{ STR$ET F.0. SS}i:'1478 R8F{-8, C$LSmAfi * i}l 65$-1 47S .lter@wdwccl"org Tet: 97S-625-546'l Fax: 97t3-62s2V9$wrJwcrJ-crg Iune2l,2007 Canberra Concrete ofNorth America 1912 County t1 New Castle,81647 Gentlemen: Enclosed is your approved contract #0801 ITCCP(a). Please read the contract carefulty if you have not already done so, but please especially note paragraph 2 concerning availability of water. TVest Divide obtains i6 augmentation water from a number of sources and operates its wder supply program pursuant to a Temporary Substitute Supply Plan (TSSP) approved annually by the State Engineer's Office. TSSPs are colnmon for wder coil;ervacy districts and West Divide has operded pursumtto a TSSP for several years with no significantreliability issues. Federal policy relating to endangered species, environmental ooncerns, and forces ofndure re always such thatno source of wder can be guaranteed during ay season or from yem to year. Furlher, the State Engineer's Office periodically revieuru the | .rgraphic area serned by West Divide md has recently made a decision to reduce West Divide's Area A Service Area While lt .i s{ructure is currently locded within the West Divide Area A Service Alea, fte Division Engineer's Office could make anoths adjustment to the Service Area in the future md your stnrcture 66sld fall outside the Service Area and be subject to curtailment by the Stafe Engineer's Office- West Divide continues to make good-faith ef,for6 to obtain alternative long-term zupplies in an effortto make reliable ad predicUble the wder supply anticipded byyorn conlract with us. West Divide also continues to make good-faift effor6 to mainhinibexistingTS$PandkeepibfuerdAServiceAreaiuhct Formostyeargweercpecttobesuccessfirlintheseefforb. This water allotment contract may require you to obtain a well pemrit frorn the State Engineefs office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide, upon request. Non-compliance with measuring and reporting requirements are grounds for cancellation ofyour water allotment contract with West Divide. This could result in action by the State Engineer which could prevent your further use of your well. Sinceretv vouni.n )l'w"'..-v\ U JanetMaddock Enclosure [\ac*.ct.( o.. h-- Division No. 5 Water Resources denclosure - Kerry D- Srmdeeq Hydrologist Wenclosure / llnmy W- SmidL Consuttantdenclosure $amuei ts" Fotter, President Keliy fiouey, Vice President Roberi J. Zanella, Secretany Eruce S. lfdampler, Trease*rer #an Fiarrison, Die'eei:or Ladies Contract #0801 17CCP (a ) MaP #586 Date APProved 1./L7lO8 Ttll,s,:rriltiilYffit!"fifi H,, TPPLICANT oAYu t-y\e/ \('(L ffi "*/,,y = \> HS, nJilt,.' 6#- Section 11e: address: Augnrentation Plarr Case No T]SE OF WATER nSSmnNf lAL (check a pplicable, boxes)RESIDENTTAL (checx rpprrcaDru uu'\Ev I Ordinary household use N tr nr ber o' ot"t'lll'.;;il* ililfi l,i.,]i'il' to" ti"'"tt'r u n its:.---N o-' vacant lt'rls -r '2 /'.A l, so- ttJU UUr v rJrvrr. *f"'r. **l.,lfavn irrigation ol, ---- -2-{f }-==sQ' il':il:,5:ffi ;;ii""}iii""osrrrrrrrrrrrrrrrrprinkhruo'1,:::n" i.il;;;;;t.;alanimalrvaterilgoi 3 ani,rals fire Protection ^..-.-^..,r.;;;;;;"", Ma;i irtr tr nr. rvater str rt'ace to-be e:frt:: ; :",1ffi # ffi;.','o .' in " "^,Pl"l il l; .i-1 1,:::l*l ll'lescllptrurr ur altJ rrrvr '''"- tl annt'al ar.ourrt of diversion of any versiotr. rate of diversion' an ater rvithdrawn t}om the Pond: Distance of well fromlection lines: C^24oo ! \t.t-' 2;.. illil,ll; A;i;il;"*t p@t fo r mut t i p le stru ctures) 6. LAND ON WHICH WATER WILL BE USED "' ;;;;;*r,iption may.be pro'trded as an attachment )'--i' *.' c&slxc\ Number of acres in tract: 5 'o ; C.-) '._r- t { + r- ^;;* c\da\rt\ \\r-\1'rs* nr.' e n t' ,i*irio, into theDistricr' i .ai)flicunt's eYpense' rtttr't' be requireil' 'ff:::11',::::;";:li;;i;:::!:,:::;:;::;:,:!;,,:::,:,:,|"i'i:i:'::':":;I'il' 7. TYPE OFSEWAGE'fl Septlc tanlclabsorPtion SYSTEN{ leach tielcl ECentral s)'sterl Eother bistrict name: 5 colaruunclAL (check aPll::o': Y:::2q0 0 {umber of units:io,rf .q. ft. olcotnnrercial tlni(s: '< 7 c/al sq. S. VOLUME] OF LEASED WATER NEEDED IN ACRE FEET: "' '""""- *i - (minimum of I acre foot except augmentation ffiE_bfr#-"" -here a lesseramount is allowed) Provitle engineering dolu to sttpport t'olr'tnrc of xtulcr retlucsled' 'ir,"r*rrirt,'ruuniiipol, tnd intlusrriul 'tsers t"ttst provide tliversion tttd consunrptive dalo on a monthll'bttsis' A totatizing.ftox) n'eler wilh renate reurloul is requirerl to be insttllcd antl usrrge rePorted to llesl Dit'ide' <J ,nq\\ \o; \ ] INDUSTRIAL Nq!-\ )escription ofuse: @tobeexPosed:- Description ofany use, otn"'ii- evaporation'^and method ofdiversion' rate of diversion, and annual ,nounioral"rsion of any water withdrawn from ,Applicattt etpressl.v ttcknon'latlgcs it hos hotl thc opportuniq'to rcvicx' lhe 'iiirir,'r torm Wite' Altot""'; Conttocr on.tl agre.es 'n" ':':'::-".':,i:.::..,,.. the pond: EMTINICIPAL Description of use:. trDIRECT PTIMPING Applica:rt Siglrature Application Date: ISSUED AS AREA B CONIRACT - YES NO TributarY: Location: 4' soL'RcEoFw+TERstuctureName: to'"bnttq [L'e l/ structure: /))cll U;"W'il,;i,'1"0,, )escription ofuse: \{ .: U's'' r n ; rLt.d p",tt"* ol'this lornr' except forn, + WDWCD 05090 I APP adoPted bY the Wesl Oiui& Wut., Conservancy District' thorized agent: J\ vY\ Y\\:\- -'-lL.Is> LL, cr (l o'1 - _r,J \r i . \-f.S ^t \ S ur \ \ r / r'1' -l n Q- ittnfcasr*'t, Deiree case No' Forln No. GV!€-25 APPLICA.NT ERIC & MARILYN PORTER 1912 CTYRD.311 NEWCASTLE, CO 81647. (e70) 876-2705 REGISTRATION OF E)OSTING WELL APPROVED SAP g[ft_c_E oF THE SrATE ENGTNEER -c. gLoEADo DtvtsrqN _oF wa'iEn hrso uRcES8.1 8. c€nt en n iE I Bldg., I 3 I 3 Strcrma n-sr., oe-nver, coLLLo aozOf(303) 88&s5St APPROYED WELL LOCATION - GARFIELD COUNTY NW 114 SW 114 Section 12 Township I S Range g2 W Sixth p,M. DISTANCES FROM SECTION LINES 2400 Ft. fmm South Section Line CONDITIONS OF APPROVAL1)ThiewellshallbeUsedinsuchaway,.*o*@lv8te[right6,TheiE8Uanceofthiap€rmit i:t11ff"trffiff'ml*T H Hf,lTLffi' '" ,,"ti"i,J,i0L,., rishr or p,..r,ou .nor,., owner or a vesred2) The construd'nn of tris well shall be in compliance wirh the waterwell construc*ion Rulas 2 ccR 402.2. unless approvalS::Hl'"f,J"'ffiL$l1fr H,|irl*," toard or Eraminen or water wen con**"tion .i;';;rp rnsrsre*on 3) This well ls recorded and permit appmved in accordanco wilh cRS 37-92-g02(5) for historic uas aa indi€ated herein anddescribed in cR$ 37-92402(1xb), belng a weti prooucing t5 GpM "nJrr.o for ordinary hous€hord purposes rnside .l H':liT*"U*Ilt}:trtffon,in" '",t",irs of dimeatic aniiEra-ano pourtry, and rre i'isarion or nor rnore than 11l Tho datc of flrBt bone.ticlat use, as daimed by tre applic€nt, ir 1960. NOTE : PHYS|CAL ADDRES$ oF WELL rs 1912 cTy RD. 31i , NEW CASTLE, co BlB17 250 Ft. from West Section Line ISSUANCE OF THIS ECNU k{ thluqD WELL PERMIT HUMBER 229536 _ DIV. 5 WD 45 DES. BASIN t'.*o,*loN DAT-: [/ No.9500305 statc Engincot DATE rssuED I I i H* *Bxn E tBE HB-EIEEEEBE EBEtBtEBt-,*ER HtH 1 ** HBEB HttBII*BIIHHEEE ---' o I JFlJIE . -,,rai( I o =c Exo o=NOo^ = s6'O.Y3EEv=ag3I -+ ao^'oL6'E--.^ao=coootrtrhhE!5o o 6,Y oc E Ov (J o'o-o P * * I H *:9o;BEBEEFss:i;EE'E 6U()=..3++X -N-OtrvJY vvv ccQeccEEXEEEaaiaa=3oo>ooooo:ooo sco l cG F q) q) o oo teo t o; G E [! o l o6 E & _9oO E'o o E Eoo EOOg:3 FodFalo3 o=Z@ '6.lUJ c -\L (!a'< El+= s6E :ZY" }8H Et) Esffi I<k E5= EUXo o Fth oo o 'JJ t9 ? = rrNoro *EEEIHA E E E ??-?Z'ico-LiLti<Lix[ft{is "*i1E *; H9.2o4il'o:lzUur :rnJd>sZdc= HJ= U -o=H6 (_) Fz O ; o- I Eoo tso6 '-o!4b EES vEqo?;o od f o X E E"R E6 oui a \ q}9 E E U E;E8gbg =iEa=a'cr0a;;(h PE:aeai9Nb-b PE E; E;_9o>=>l€fr€e3g9;bBbE.Bs E E E E.E;-g8$8 SEoSoSojaooo@(Do-NF J <m3[3ii?f;ElHE @ (o (O cf -o'-gE E9i o ErO< g:gx3gss3N."."r$lcqqqqqqqqcEElElooooooooooooi ol l 6 t ro N @ l.- O) (O $ r lf) 1r)l !qqqqqccqeqcqqlqooooooooooool o rBP33:RER833El916c25Q..-r--CCCl6llooooooooooool r =c-: c6< o t--- -.9^q lrilo o<F >vi- -"6^6 ctl,o o<-altQ 6=58,33838333383331 88858q3qqE3s3s33333=;l EEEEqsEsEEAqqlooooooooo---'-l - - -r.l'ooooooooooool ol lcidcjdcici cjocjoci ol ol $ 6 r u) u) s- u) rO lol $ooOooooool tr) d cj ci cj d cj ci cj cjlc; (oqo o)(o c; ooooooooolooooooooolddciocidciocil 60c)(o(o(o(o(f)(olooooooooolcidciciciciddcil l3=E lEEsloocolooo l'o' j ociea G.9: b.E^'a aitsba _U (g^ otL e1 E --l 6c) E.9o Q !/)Lr 6<E.>-ooO qQ o- -L :lcci 9,5 E 3E ci- ir.l --r 6E(,E-> (U__-- 9)) C LU =- rO@rrON$O) 'fF(oNo)o@@ o)..c?a{aqq Y: ooooooo c{ <'r')O)O)(Ot()- AsfC{@-Otf)r v -=tr|qqc?'. \oooocroo N 0cE:o!?O= O^: sEs5!6 rN(Or<ir()(O ooN o Contract #0801 17CCP(a) Map #586 Date Approved 1-/17/OB WEST DIVIDE WATER CONSERVANCY DIS'TRICT WATER ALLOTMENT CONTRACT Name of Applicant:N o,'t l.- A rre/rc c\- Quantity of Water in Acre Feet: Applicant, hereby applies to the West Divide Water Conservancy Districl., a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, Section 37-45- l0l , et seq., (hereinafter referred to as the "District") for an allotment contract to beneficially and perpetually use water or water rights owned, leased, or hereafter acquired by the District. By execution ofthis Contract and the attached Application, Applicant hereby agrees to the following terms and conditions: I . Water Rights: Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well, it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources' Z. euantiW: Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of .l,ersion from the District's direct flow water rights, and when water is unavailable for diversion pursuant to adnrinishation by the Colorado State f gin.". auring periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow, storage or otherwise, to the Applicant by the District will be limited by the priority ofthe District's decrees and by the physical and legal availability ofwater from District,s sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all ofthe terms and conditions of this Contract. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided, Applicant may so notify the District in writing, and the amount of water allotted under this contract shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial Use: Any and allwater allotted Applicant by the District shall be used for the following beneficial use or uses: industrial, municipal, domestic and related uses, or commercial (except for commercial use from Alsbury Reservoir and except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07-70-WO547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated, or under Applicant's control' 4. Decrees and Delivery: Exchange releases made by the District out of storage from Ruedi Reservoir, GreenMountain .eservoir, Alsbury Reservoir, or other works or facilities ofthe District, or from other sources available to the District, shall be delivered to the { ,plicant at the outlet works ofsaid storage facilities or at the decreed point ofdiversion for said other sources, and release or delivery ofwater at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District fiom Ruedi Reservoir or Green Mountain Reservoir shall be subject to the Dishict,s lease contracts with the united States Burr:au of Reclamation" Releases fiom other facilities ,_available to District shall be subject to the contracts, laws, rules, and regulations goveming releases therefrom' Furthemlore, the District hereby J ,.rrrv reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future, so long as the water service to the Applicant pursuant to this agreement, is not impaired by said action- Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (october I ), shall revert to the water supplies of the District' Such reversion shall not entitle Applicant to any refund of payment made for such water' water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the colorado Division of water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case' Water service provided by tlre District for properties located within the Bluestone and Silt Water Conservancy Districts is provided pursuant to Agreements with said Districts. The Intergovemmental Agreement between the District and the Silt water Conservancy District, dated January 25,2OOl,is recorded as Reception No. 575691, Garfield county clerk and Recorder's office. The Intergovemmental Memorandum of Understanding between the Distria and the Bluestone Water Conservancy District, dated April 26,2001, is recorded as Reception No. 584840, Garfield County Clerk and Recorder's Office' 5. Altemate point of Diversion and plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. obtaining such decree is the 1] lurir" responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said altemate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein, and further agrees to indemniff the District from any costs or losses related thereto. Applicant is solely responsible for providing works and facilities necessary to obtain/divert the waters at said alternate point ofdiversion and deliver them to Applicant's intended beneficial use' Irrespective of the amount of water actually transferred to the Applicant's point of diversion, the Applicant shall make annual paYments to the District based upon the amount of water allotted under this contract. In the event the Applicant intends to apply for an altemate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicales its own augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to pay any amount under Paragraph l9 below. ln any event, the District shall have the right to approve or disapprove the Appricant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and otler papers filed with the water court in the adjudication thereof' 6. Directors of the District Contract payment: Non-refundable, one time administrative charge, in the amount determined by the Board of from time to time, shall be submitted with the application for consideration by the District' A.nual payment for the water service described herein shall be determined by the Board of Directors of the District' The initial annual payment shall be made in full, within thirty (30) days after the date of notice to the Applicant that the initial payment is due' said notice _rrill advise the Applicant, among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable f .,.,r"* Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1 ' Ifan annual payment is not made by the due date a flat $50 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail' return receipt requested, to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract or Application' water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only' If payment is not made within fifteen ( l5) days after the date of said written notice, Applicant shall at District's sole option have no further right, title or interest under this conffact without further notice, and delivery may be immediately curtailed' The allotment of water' as herein made, may be transfened, leased, or otherwise disposed of at the discretion of the Board of Directors of the District' Upon cancellation of this water allotment contract with the District, the District shall notiff the Division of water Resources offices in Denver and Glenwood Springs. The Division of water Resources may then order cessation of all water use' 7. Additional Fees and costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights' o g. Assiqnment: This Contract shall not inure to the benefit of the heirs, successors or assigrrs of Applicant, without the priorwrittenconsentoftheDistrict,sBoardofDirectors. Anyassignmentof Applicant'srightsunderthiscontractshallbesubjectto'andmust comply with, such requirements as the District may hereafter adopt regarding assignment of contract rights and the assumption of contract obligations by assignees and successors. Nothing herein shall prevent successors to a portion ofApplicanfs property from applying to the District for individual and separate allotment contracts. No assignment shall be recognized by the District except upon completion and filing of proper forrns for assignment and change of ownership' In the event the water allotted pursuant to this contract is to be used for the benefit of land which is now or will subsequently be subdivided or held in separate ownership, the Applicant may only assign the Applicant's dghts hereunder to: l) No more than tfuee separate owners all of whom shall be parry to a well sharing agreement satisfactory to the District ; or 2) A homeowners associalion, water disrict' water and sanitation district or other special district properly organized and existing under the laws ofthe State ofcolorado, and then' only ifsuch parties, association or special district establishes to the satisfaction ofthe District that it has the ability and authority to perform the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this contract have any rights hereunder, except as such rights may exist pursuant to a well sharing agreement or through a homeowners association or special district as provided above' Upon the sale of the real property to which this confiact pertains, Applicant shall make buyer aware ofthis contract and proper O*t for assignment and change of ownership must be completed' 9. other Rules: Applicant shall be bound by the provisions of the water conservancy Act of Colorado; by the rules and regulations of the Board of Directors of the District; and ail amendments thereof and supplements thereto and by all other applicable law' 10. operation and Maintenance Aqreement: Applicant shall enter into an "operation and Maintenance Agreement" with f -lirt.i"t under terms and conditions determined by the board of Directors of the District, if and when, the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to, provisions for additional ann,al monetary consideration for extension of District delivery services and for additional administration, operation, and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant' 1 L chanqe of Use: The District reserves the exclusive right to review, re-approve or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder withoutthepriorrvrittenapprovaloftheDistrictshallbedeemedtobeamaterialbreachoftlrisContract. 12. Use and place of Use: Applicant agees to use the water in the manner and on the properly described in the documents submitted to the District at the time this contract is executed, or in any operation and maintenance agreement provided by Applicant' Any use other than as set forth thereon or any lease or sale ofthe water or water rights herein, other than as permitted in paragraph 8 above' shall be deremed to be a material breach of this agreement' 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant any equitable or legal fee title interest in or to any water or wat€r rights referred to herein' 14. conservation: Applicant shall use commonly accepted conservation practices with respect to the water and water O ,, herein, and hereby agrees to be bound by any conservation pran adopted hereafter by the District for use of District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the contract amount for ordinary household purposes, the watering of domestic livestock, fire protection, and the irrigation of lawn and garden as specified in the Application' Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the colorado Division of Water Resources. watering of livestock shall be restricted to Applicanfs domestic animals not to be used for commercial purposes unless Applicant obtains approval from the colorado Division of water Resources for commercial use/livestock watering, provided that in no event shall actual diversions exceed the amount of water provided by this contract' Violationofthisparagraphl5shallbedeemedtobeamaterialbreachofthisContract. 16. well permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant,s valid well permit before District is obligated to deliver any water hereunder' Q.n"Ds,ric,,su,il,*,"o"ffi#:J:::,T;::::::ilffiffi,rJ""::X",;'::::'5"T:"i:::; water diverted pursuant to the terms of Applicant,s water right and the terms of this Contract. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal c;'H:::":,T:::T:Hil:[-,::15:":::::::T:::i""^,;:"H"X:*":,.:::il',J"T::::j:T:i:ffi: purposes of determining Applicant's actual use of water' I g. Representations: By executing this contract, Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant,s own sources other than the District. Applicant further acknowledges that the District makes no guarantees' wananties, or assurances whatsoever about the quantity or quality of water available pursuant to this contract' Should the District be unable to provide the water contracted for herein, no damages may be assessed against the District, not'may Applicant obtain a refund from the District' 19. Costs of Water Court Filinq and Ausnentation Plan: Should the District, in its own discretion' choose to include Applicant,s contract herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro-rata share ofthe total cost incurred by the District in preparing, Iiling and pursuing to decree the water court case. The pro-rata share shall be calculated by dividing such totat cost by the number ofcontractees included in the filing' To the extent that the District is caused additional costs because of objection filed specifically due to the inctusion of Applicant's contract in the filing' such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees' 20. BindinsAreement: ThisagreementshallnotbecompletenorbindingupontheDiskictunlessattachedheretoisthe - ,, entitled ,,Application to Lease water From west Divide water conservancy District" fully completed by Applicant and approved by the -District,s engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement' All correspondence fromthe District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21 . WAMiNg: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER RIGHT IN ORDER TO DTVERT WATER, INCLUDING THE WATER ACQUIRED LINDER THIS CONTRACT' IT IS THE CONTINUING DUTY OF THE APPLICANT TO MAINTATN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPLETION REPORTS' FILING STATEMENTS OF BENEFICIAL USE' OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE' 22. AREA B. CONTRACTS: TF APPLICANTS WELL OR OTHER WATER RICHT THAT IS THE SUBJECT OF THIS C.NTRACT IS L.CATED oUTSIDE ,,AREA A" AS DESIGNATED BY THE DISTRICT, THEN THIS PARAGRAPH APPLIES: TF{E AUGMENTATION WATERPROVIDED BYTHEDISTRICTLTNDERTHISCONTRACT MAYONLY PROTECTAPPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER .ldEJT-3_Q !A_yS FOLLOWING THE AFFTXING OF SIGNATL'RES ON THIS CONTRACT IN WHICH EVENT ALL SUMS PAID BY I,,,.oNT FoR THIS C,NTRACT SHALL BE II\,MEDIATELY REFLTNDED TO APPLICANT. Applicant r" srArE oF Ue]o- couNrY or' (icrn \ 'e{.L ) ) ss. ) SENIOR RIGHT. NO REPRESENTATION OTHERWISE IS MADE BY THE DISTRICT. IF THIS IS A CONCERN TO APPLICANT' THIS CONTRACT MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY TIIE APPLICANT WITHTN THE The foregoing instrument was acknowledged before me on this <l day of STATE OF , 2o-QD-, bv 5u-^\.n-AvJSw.'.{t....WitnessmyhandandofficiaIseal.Mycommissionexpires:_' '.-'\^l\,*t l'.)'ladolo'-k-__-__:#- .-. 'Notary Pu ) ) ss. ) Jonet Moddock Nolory Publlo Commlsslon Explres I2-23-l ICOLJNTY OF The foregoing instrument was acknowledged before me on this - day of 20_-__-_ , by Witness my hand and official seal. My commission expires: Notary Public ORDER After a hearing by the Board of Directors of the West Divide Water Conservancy District on the Application, it is hereby oRDERED that said Application be granted and this contract shall be and is accepted by the District. \ ,".\L> This Contract includes and is subject to the terms and conditions of the following documents which must accompany this Contract: l. Map showing location of point of diversion (use map provided) 2. Application and Data Form fully completed and signed pnintod portions of this forrn, oxcept difforontietod additi,ons or doletlons, hcve been approved and adoptod by tbe west Divide Wnter Coqse ryeBcy DislripL I I I Iat President m #WDWCD 050901 CONTRACT. WEST DIVIDE WATER By COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST, RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 //www.water.state.co.us Office Use Only ffiffi{Xg,lriil i: AFROl' T8 $itt* ii l:. i. i, . ; i., , .: .. .'. . $TqYE CliG,:ila1lil tr_ y ?rLlI:/). .r GENERAL PURPOSE Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black or blue ink or typed. 1. Applicant lnformation Name of applr€nt CANBERRA CONCTRETE PUMP]NG ]NC. GUY MIDDLETON Mailing address 791.2 CR 311 aiit t{_E!L CASTLE Telephone # bto) ate-ostz State Zip coOeco 8L647 E-m;ii (bprionat) _6,U_9e_oJ!V_91!(de_c!_app]jq9b!e_!o5es) Attach a detailed description of uses applied for. E lndustrial E Otner (describe): E Municipal E lrrigation ffi Commercial 7. Well Data (proposed) Miximum pumping rate Annual amounl to be withdraw^ gpm EXISTING WELL acle-feet iotal depth AquiferE Construct new well E Use existing well f| Replace existing well E Change or increase use E Change source (aquifer) E Reapplication (expired permit)8. Land On Which Ground Water Will Be Used Legal Description (may be provided as an atachmenr) SEE ATTACHED PROPERTY D]SCR]PT]ON (lf !9e-d igr c,LoJ ,-T! ?!i9t "!t99! ? s9?!9! !?p !h?! lf'ows ioqqle_q arear) A. #Acres - ' B. o*;;r .. - C, ii"irnv ott'"i""irr * *"r"r "gnt*"0 ""il" a"a, 3. Refer To (if applicable) W;ll permil # Waier Court mse # 229536 Designated Basin Detemrnalion # Well name or # I vss Remember to set Datum to NAD83 1_eL2 qlR 3_r-11 \LEW CrysrLEr cO 81647 Optional: GPS well location information in UTM format You must check CpS unit tor required settings as follows: Fomat must be UTM E Zone 12 or E Zone 13 Units must be Meters Datum must be NAD83 Unil must be set to true norlh Was GPS unit checked for above? 9. Proposed Well Driller License #(optional): 1t 9!gnelyry Q[ App_l_i,c1nt(9] o-r Autlgrited A_sent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 244-104 (13Xa). I have read the statements herein, knowthe contents .JIMMY SMITH - AGENT Office Use Only USGS map name DIV- WD- BA- MD - i bwn mali iio. Receipt area only5. Parcel On Which WellWill Be Located (PLEASEATTACH A CURRENT DEED FOR THE SUBJECT PARCEL) A. Legal Description (may be provided as an attachment): SEE ATTACHED PROPERTY D]SCRIPTION EXISTING WELL ALREADY PERM]TTED B. 1oi"".. in p"Lr C o"n", Cp.triggRRA 5 ACRES i CONCRETE PUMPING ]NC. D. wiI this be the onty wel on rns parceti fuves !ruo 1,, no - tisi itn", *ettsy E. State Parel lD# (optional) COLOMDO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES GWS45 GENTNST (06/2006) GENERAL PURPOSE WELL PERMIT APPLICATION INSTRUCTIONS O Applications must be typewritten or printed in BLACK or BLUE lNK. ALL ITEMS in the apptication must be completed. lncomplete applications may be returned to the applicant for more information. Applications are evaluated in chronological order. Please allow approximately six weeks for processing. This form may be reproduced by photocopying or computer generation. Reproductions must retain margins and print quality of the original form. FEES: This application must be submitted with a $100 filing fee. Acceptable forms of payment are check or money order, payable to the Colorado Division of Water Resources, and Visa or MasterCard (card number and expiration date must be provided on a separate attachment). Fees are nonrefundable. USES: This form (GWS-45) is to be used to apply for commercial, industria!, municipal, irrigation, feed lot, geothermal, recovery wells, and other uses not otherurrise noted in the following list: RESIDENTIAL use wells - Use of form GWS-44 is required LIVESTOCK watering on a farm, ranch, range or pasture (not feedlots)- Use form GWS44 MONITORING/OBSERVATION wells - Use form GWS-46 GRAVEL PITS - Use form GWS-27 REGISTRATION of an existing well- Use form GWS-'12 (must have been in use prior to May 8,1972) GEOEXCHANGE SYSTEM LOOP FIELDS - Use form GWS-72 REPLACEMENTS OF WELLS FOR THE ABOVE USES ITEM INSTRUCTIONS: (numbers correspond with those on the front of this form) 1. The applicant is the entity for whom the permit is to be issued. Provide the applicant name and the mailing address where all correspondence Wll be sent. 2. Check all boxes that aPPlY. Complete all boxes that apply. lf the permit is to be issued pursuant to a water court decree or a Designated Basin determination of water right, the case number or determination number must be indicated. lf applying to replace or change the use of an existing well, the permit number of the existing well must be indicated. The county, % of lhe % section designation, section #, township, range, principal meridian, and distances from section lines for the proposed well must be provided. (An option to providing distances from section lines and lhe Yt ol the % section designation is to provide an accurate GPS location in UTM format. The required GPS unit settings must be as indicated on this form.)..Colorado contains two (2) UTM zones. Zone 13 covers most of Colorado. The boundary..between Zone 12 and Zone 13 is the 108"'Meridian (longitude). West of the 108th Meridian is UTM Zone 12 and east of the 108th Meridian is UTM Zone 13. The 108th Meridian is approximately 57 miles east of the Colorado-Utah state line. On most GPS units, the UTM zone is given as part of the Easting measurement, e.g. 12T0123456. Check the appropriate box for the zone. Provide the property address of the well location if one exists. lf it is the same as the mailing address, check the box next to the well location address. Please attach a current deed for the subject parcel. Complete all boxes and provide a complete legal description of the parcel of land on which the well will be located. Check all boxes that apply and attach a detailed description of the uses applied for. Complete all boxes. Complete all boxes and provide a legal description of the land areas on which ground water from the proposed well will be used. lf agricultural irrigation is a proposed use, provide a map of the land area with proposed irrigated areas accurately drawn, including section numbers and section lines. A list of all other wells or water rights used on the described land must be provided. The well must be constructed by a Colorado licensed well driller, an authorized individual in accordance with the Water Well Construction Rules, 2 CCR 402-2, or under the "private drilled provision as deflned in CRS 37-91-102(12). An ORIGINAL signature must be on the application. The individual signing the application must be the applicant or an officer of the corporation/company/agency identified as the applicant. An authorized agent may sign the application, if a letter signed by the applicant is submitted with the application authorizing that agent to sign on the applicant's behalf. lF YOU HAVE ANY QUESTIONS regarding any item on the application form, please call the Division of Water Resources Ground Water lnformation Desk (303-866-3587), or the nearest Division of Water Resources Field Office located in Greeley (970-352-8712), Pueblo (719- 542-3368), Alamosa (719-589-6683), Montrose (970-2495622), Glenwood Springs (970-945-5665), Steamboat Springs (970-479-0272), or Durango (970-247-1845), or refer to our web site at http://www.water.state.co.us for general information, additional forms, and access to state rules or statutes. b. 7. 8. 9. ASSESSOR MAP 2179- 123-00371 1912 Couuty Road #3t1, New Castle, CO 81647 ?ax tffs-o 2779-123-DD-371 2179-'123-00-237 2179-114-00-383 2779-714-00-r I4 (Juy (Jeolfery Middleton Leno B. Montover I'red & Janet h'rei Valley h'arms< lnc. ECLIPSE surueying ft$ubiect Property 200'Off-Set -JC orrfrlY ffi-ser I"AND OITNERS TTITIIIN 2OO, OF SUBJECT PROPERTY: t9l2 Couu$ Rd #311 Nov Castle, C() tll6{7 l9t4 Coun$ Rd #311 Nnv Caslle, C0 tll6{7 1412 Coun$ Rd #311 Nnv Caslle, C(} tl16{7 6tt6D N. Cenaral Expressrvay, Suite3tl5 Dallas' I'X 752(16 377 of North America SEC. L?,, T. 6 S., R. 92 t. of the 6TII P.M GARFIEID COUNIY, COLORADO1874 SIXLIZY KRD, NEWG/,SN.E,CO UA7 (970) 876-5939 26rh 2o oo, bcrwan o€RIC PORTER Af\D-MARILyN - uouno/ of Colondo, gturor. trd GUY GEOFFERY !,IDDLETON d,ry ol DECEMBER PORTER GARFIELD 0 / 0 0 rM SaE ol NEr4 CASTLE. co 91647 MA.RILYN STATDOFCOLO&{DO I coumY or GA'RF,E!.D i " Thc forcaorng in$rumant su ekb, enic "ponre*'ilJfiIffi'J";:#JI' M, omminion .rpift r 04 / OA / OA My comslEii;; dry of DECEIBER RL=.-.,ar-, -o l(. AArus r-E.toN \q\) C.R. r,,, ,43, IU 0 X1 r! tmh b, k€ $( nqb6 u: I 9 12 COUNIY ROAD 3 I IrmEmEr ,irh rrr rnd tiarurrr rh. h.J,.-_ - 'rvru 'rrr ' NEt{ cAsTLE, co ffffffi******:* ^Llr:,,ffi :Hff; rff ,xn, --'v,r u zt.M-;;;filsPffiitii*yu _ __:a;a; WARRANTY DEED TEIS DEED, Mrdr thrr rho*tcS.trddE$i3 1gl2 couN?y RoAD 311, o( hc 25rh ^.wrrNEssErH, rhrr o,c gnntor.,.rtlJllrl,l."o.:m'i*, rnd su. orcolo.do. B,rilc.:,_:::* ,iIDrEo sEvErry rsqrs^,ro ^ro ro/tooh,m GiDr urd lllricmy ot yhish ir h coorq ud oolrrm. ,J*; rr;;.;;:.ll ::T"**' hr trrilrd. br.ri*d. prd .d coe.r!d. rod by rho r,- DoLL,{xs, "**","'#*tilT;'ffi i[I;; j:'fi 'fr ;"*].:ilJ:[,ffi ",T:#,ud Suts of Colorrdo dsibrd r| olloql SEE EXHIBIT ,A. AT?ACHED HERETO AI,ID FORMING A PANT TIEREOF t: "ftpX**"ror'oeoonri'i,Il'n**.* ERIcponH _=-! .,trj##.tsk:'" Wimcr! my hlnd ud officirl rcrl. Notryt,sth SEreeEco 8r6soe/ Comonw€t! &lc No. OOt l0l I 20 oo. t ll l. \(). I)lt(ll I l: l l\.\1. -'\i' l'tl)\\ I I'\\l)'\(;l{r l',-)1rYl' ,,,,, ,.. ,,' lalrlr.-rrl;tri.",1,,',:rth':rl u: Jitllo''r< lr\ \\rl ll fgitl I)f!crlptl()nl \{ (, .\ll:rclrc(, l:rlril)il ".'\" PUllcH,\slR 1)0R tlo\ lilal iul:. b;crt a:ici-'Lrrl tl'. tltc 'ttrlitilInc'l J' '0nlfl(:tt:ii:]l)d a\ (Jll'11i1('l(rr\ . Tilul rli,J tlll prilthuiia rrllie hils htctr p:tlJ lrt slill I',trl.lirscrs l0 \:llJ colllructol al)dr(rt se)!el' Prstrlrsci ($crc! i$rll hc)o(iupit.l try salrl l)utchasct trll or ahoul I lrrrr srr,.i 5ilrJ lrllnltrvtn)rnls Nhtch ltlvc llot bcclr lai(l r, .I.hc ul)drrslil.cd hi\\,c rr.t carrs(d or ulrrcrl t. or coutraated for r.): rrulcrrxls to be tuurtshctl or i'c'rk t'be dttne on said trrrnrshittgr plattd uLron ol lustalltd ui s'rid pl imlst\ Pttrchaser,srr.rlliridenrnif-vDTolect.dcti,ndand!a\.Chartltlcssthenloltgagr.can.lCoNl\4O1.\\.F,AlTHLANDllILt: nldlcilitllltcrl\ licns ilr clrrrns lf liens tisurtcci *:th resp€cl u, ii," '*pti"t]t"totrs ilcscrtbcd ln thl5 Purchascrs Portl')n' \1.\ll (ri ' ril{:'.'iltr ( r )i '! [ \ I 'l 1,.,1 Lrcld I )ss i iruii rl.ii5il \\rl i NI:SS ttti' Irrit.i ;rttl tlilirial sr'rl \l! ( i);rrnllsii!r,r c\irircri (/o;; t1,-r: ll ire,)oit Oatc: O?i05/?003 O'1:Lr2Plv1 (]AIIFIELO COUI'JTY TREN SUREIT CERI-It"lcAlt:: Ol- l '':<ES OtJE i:'a ge . 1 CFf{l 7 200a0fi05il Cl\1 (rrt) -_- cTir LE Lii e JitiJiI-: :r d ; o ASSESSEO TO: MC]NTOVER, LEI'IU- ii '1 91 ,1 couN rY ROAD 3 l 1 PARCEL: 2179-123-00-?37 oFDER NO ABC I t2:, VEI.IDOR NC: 2 COMMOI'IWEALTH TII'LE P.O. BO.\ 127 127 EAST 5TFi S1'REF:'I t.lEwcnsTLE. CO 51G{7-3014 RIFLE, CO 81550 LEGAL DESCRIPTION: SEcl 'T'wrN.tiNr3il2-6-93 DESc rR lN LoT s El<.:1659 PG:561 RECPT.667937 BKr065.: PG:04-o3 EK:0500 PG'0'182 ;r< os4.1 PG.o1,1c BK:0526 PG:J452 BK052e PG:C317 tjK,052E FG:03i5 eK:0495 pG OBO3 DK:04.16 pG 0487 tsK 04.i:, PG:0516 SITUS ADD:00i-oi4 311 COUI'ln'FD SlrT TAX YET\R CHARGE i0f7 'tAy, TAX At'JiOUNI 1,4ii 55 PAII] TOTAL I]UL c0! I NTEF]EST itc FE ES OvC 2 0cl SENiORiVET E RAr'l EX ErdPT I O N TO'IAL TAXI:S 1.051 96 1,0 54.96 1,054.96 ., ,,.: :.,. GRAND TO.I'AL DUE AS OF O?IO5I2OO8 CF:IGtNAi- IAX EILLINC FOR 2OO7 TAX DISTRICT 023 . ?HD.SF AuthorltY,:;ARFIELL] CCLII.]I'Y BUF]i.iJIiG [{OUNTAIN TIRE CTJ LC RI\./ER,'AIATER CCNS WESY DIVIDE \IJA.'I-EI?. COI.: G RAI.J Ll n lvF,i-i l'ics i'lT.a L SCIlOOL DISiF.]ICT RE.2 GEI:iEOI.]D COLCRADO i.ilTN COI LECE OARFIEi.U ROAD & ARIDGE ,rh.xl-l:L J HUi\'lAN 5EK.,lr-l-S L:A'ii: iELD CAP EXF'EI',ID CRr'ii.lD RIVER HOSPITAL EOInD (;/iRF l[]L.D COUI'ITY PLrt]t.iC i-lB|RAR)' 1r,)rF!, FOR ?0C7 ' !!!c,: !*yy FEE FOR THIS CERTIFICATE Mill Levy b 825 o.:vz 0.1"q1' 2r.981' i1.Y Jl 2.30t 0.260 0.610 -';;il: Amount Values 212 39 P.ESlOEi.iTl;\L '1 E9 905.94 "[orAL 244 155 01 SEI'IIOR E/,E|-,1P 464 59124.39 NET TOTAL 'I I17 Actual Assessed 3SC,97C 31 120 390 97C 31 1?0 i00,ct0 7,960 290.970 23.1 6C I\LL I AX T.IEN S/T,I F. AI'OUIITs ARE SUSJLC: TO CHANGE DUE-TO EIJCORSEIILNT Oi CTJRREN'I 'TAIEg IJY IhL LIEN}IOLDAF: ,jii ru ADVERT!s,n,,; or:c rr,, , ,iijN11i"^-n?r,",i.ri irl!.-i'ra1cr! iiiilciua a1o rFiE rR_EASr rPFri s oFFlcE i{rLl' "IEED I o EL coNr,\c: sD FftioR l'Lr H.El"llrrANCE Ar-TER TEE i9L-L-Ovl]i9-q)-;ii: p-s'n-sbrlru PROPERTY-AND MOBr:',E Hor'rES - SEF.TaTJSER I 2008 REAL pRopERry - ocroBEF r )oidiri tiin SauE neoerAFrrJn-l"it,torlNiir'rrusr B' PAID BY cASH oR cASHTERS cllEcK' SpEctAl- TAxtNc DTSTRIcTS AND TtiE Bol.JNoARlE{i OF SUCH DISTRICTS lr'1A/ BE ON F,LE WIT]I THE BOARD OF COLINT'r' iOiTi,TISS,O,IENS. THE COLJNTY CLEP'K, OR THE CQUNiY /TSSESSOR Th15Genirlcat.ecoesnollnciudelaodorlmplovBmentsassessecuhdorase,alaleaccouninumber,pelsonalproperttl0,es l(anc.ler lar ot mi.c tax ootreuteo on trelrali i;i olher enliles' sFecial or loq3l improvcillent disllict assessllenls or rqobrlc ho!iles- unless sPerifically menironed i. rhe undersig0ed. ,to hereby ce(rfy $at the enkre amolnt o{ Laxes_dre upon lhe above OeScrrbeO 9,1i"j]u ol real rre!ertY 3nC all 3!isrrodrng sales Io! unparo tirxes ii si,crnt t"; the Ie@rds rn r1y office [tom lvhr'h the same m3v sttli be radeemed \Yilh the !mo!ni rrqlr!' lor rederr?trtn aie a: note': :re,e,,t irivrilness $hcreol I rout riscunl" !et rry hl8d ana seal thrs tstn o3t ol Februa'y ?t1()(j TREASURER. GARFIELD COUNTY, GEORGIA CHAI\,IBERLAIN, AV _J"'!, (ry.-. P. O. Box 1069 Glen\Yood SPrinqs, CO 8160?-1069 (970) g{5-639? I ( ()tti\l()\\\ l-.\1.1 H l-t: ( olll"\NY ()t. ( ;-\Rlillal.0 (:(lt:\ sl,.l ( olorirlo ,\r (nrr( (;l(,ovtr.d Sl'rin*\. ('o 9{S-{{{4 1 tsr\\ q{5-rl Prop0 (\ ..\(l(lrss Srllr l'rrr SLttlclilclrl I)x Dat( 0[ Plorrl Lcgill l.rcscriptiolr lli attaclrcd to Quit oI t]rc ColoLado li Cor)!u(r(il! ot ilil -I outship {r -\rtutlt. Lhc Nortlrcrl_v.. right SrcrronT. a tock pI Begiutiug rt a po sa)d 1_oBlrslll,) rr! Il.l.l2 icr:tr thettc aionu tbc uonhctl tN( l9 I .i (ilunll, Il0ad 3l I l. (ino !]. Nl0nl0vel (iuy )r'ltddlctoti fcbru.rr"r 19.200Ii ljt:lrmarv 19. 2()tlB ,s't /'t- ti NI t-- N't 0 l; s E'I'T I. F. tuI E', N'f Buver's \c* ('rtlc. CO 31(i17 ,\ I)lrecl of laud s rD thc \\''," ofSectiou I 2, loulshrp 6 Sou$, Ran$e 9l lVcst ofthe Sir:th I,.\1., t iarticld C"rrunty, Cirlorr<lo lviug E di LSi l'cct to thc I I high uatcr Iine ol tlrc Colnrado Rilcr llirci:prirrg tlrcr.:fi r thc tollowulll drrscribcd prrccl A nact of lar:d in I ot lJrght (E) oi Sccrron'Iu,elvc 1 l2),'[oslship Six (6). ratrge Nlncry-Tlyo (9]) \\'csr oflhc Sr\rh (trth) P.\'1 , l.vin.c ilierir olthc uonherly iine of3 count) road irs rons(rlr*ed aud in placc as lbllows ly Itt lhe certcrlnts of[)irrdc Crcck. said cenrerline ol'Divide Creek is dclrned and d(scnbe(l or] L\hlbrl rol llecd jn Book 664 at l'ilge 49i to {95 Norrherly ofCountv Road No. -1i 1, SourheLl),oltlre ceurerlinc r, and \\cstcrl!'ofn liue t1.:s.:riircd as lbllolvs ou Pusl ll1d brlss cap liruud rn pllcr'aud propcrlv [larkcd t'ur thc North Quancr Cjot]tcr ScctioD l irngc ql Wcst of dle Sixth Principal Merrdian. thellce Sourh 56o2-s'09" lvcsr 7542.64 lcer to il pornt otl f u'n.y I(,r oounry Road No. 3l l, tlre Truc Poiur of Bcglurrng (*hencc the East euarte r corner of said rly lnalked and tbuDd in placc. bears \onh 8?.17'23" tlast f.i2?.0ti tcct)l rhencc North 09,,5S'50" Wcst oftht' norlherlv line ofsaid road whencc lh* Section Conrer c,rnrnron to Se.'tions 10. I I. I 4 antl I 5 rn Ra:rgcbr:arsS 6S'-17'3.:"\V.Oj3f.-1r-feel:thcnccN.04'.ll'{5"11. l6l.ti5 lcerl tlrcnccN 73.'3.1'29"L..s ls"lll'-13'El:19.49 lcctroilpoulraotlrenorrhcrlyhncoisaitlroildi lhelrccs.Tl"l4'?l"w.2g:i.4jiccr lrrtc of sard rord to thc poiut ol lrcgnrrrug. rillt ir)I Debit Cr r(lil .\fpraisrl t() (ircdir Rc;'ror t l krod Ccruiic Clour:ier Irec to' Sctll()lrcu( Ijcc'htk: ltrsutarrcc ( irrrtrar:t Salrs ' Ntw l03l) li t)Dt (:ou[tv I f,\es I L,'ro ()l .[5,0(i0.00 I,1.50 00 5u0 ()0 1.r.00 19.00 5.00 125 00 65.U0 E0.00 6'.i.00 42.i(l 25.00 2l(J.0()0 00 I 9i) r() rce 'tlls Iargu k]rrrk .\.r\. l()0S to 2r1912008 F(e to \Yslls Fcrgo []anii, N..\ lli fnrso Bark. N.A \Vclls [.atucr Liank N A. r0 \Yclls l,iltgo Bank, N.A. clls Frrgrr Urnk. N,A C(-)r,-l\{O\lvLAl.l il Tl l't.l-t CC)MPANy ('O!1 l\.10N\\'IiAt.TH TrtLE C()N{p^Ny I r):rn (ll,)!tLtg Tlcc0rdrng I;!'es State 'l ,\ Couricr iirr Sub-Totals Balance l)lr"'.I'C}TAI,.S lifolr [Jrry!t 4:r.091 50 .l l?.091.5 () 23{),1 q(}.1() 190.9u?.,'j-{l +ll,0r2 i() --tr' *-_4C APPt{OYt I) urrrl .'\(lCEl''fED li'ik No: 0S0l I ( irry WAI{RANTY DF]UD 'l lllS DnFI). rlrd( tlrr:: lr)ilr Ja! (,f Fctruxry. l0(rs liJr:rr.;een I I|NO Il. lv{fJNTOVlrll of thc n County of Ctrilcld. and Stale ol 1'olorado. gti'ntot rrtd (iI.JY MDDI.U'ION, 'vhosc lcrdl address rs r l9l;l County lload i1l, Ncrv Castle. C:O. 816'17 Corurlv lf C:rrficld and Slatc oi(l(). *rrntccLrl'thc Rccor der 19.1008, b; [-cno l]. lrlontovtr rhc gr.rnlcr. his hcrrs anrl as;rgus fJrcver, all rhc rei\l pro1,c,rv togcth"r ivith r;nprovcments. ll lny,:ntuntc, lyinLr and hclns ln lht Count\ 0l(ialll(ld and Slale oi t 0lorsJo dcscrrbcd rr follo'vs: See Atteched Hrhibit "A" "r\lifi(r*r) l.vrlrcrl i-'lrrrrnrllll i\\ lol''l Ct)l'lllw l{r:ird ll l NcrvOastlc CO TOGll'rrtIiR w.rlh all Jtr.l srnguior thc lrercclitrnrcnts ind ippurlennnlcs lherclo bclonging, ot tn anlu'isc appcilalning and tltc tel'etston t l:tha grrutor a,th,,r in lau,ur equity, oi. in and to thc abovc brrglintd prernises, wrth lhe hereditanlcnts and rppulcnrncr:s a:signs torcvci .4nd the olunlol. lot hrmsell. hts hctrs. an<l pcrsonal represcntirll\cs' dccs covcnnnt' granl' blr-tattt rnd aglec to and wlth llr' ru giant, bargairi, scil and conyey thc samc tn nlanncr and lirrnr rs rforcsaid, lnd that thc same arc liec und clear tifirt tll [ornrcr and othcr gr0nts' baiglrns. salcs. 1icns, trxcs, rssessl]tenls, cncunlt]runces and restncttons of whatevcr ktnd 0r nature soever, erccpt gencral taxes and lssessnlents lor lht -vear 1008 Jnd subscqucnt ycurs and all rh.rse specilic c\ccplions dcscrrb.'rJ by rcfcrcnce to tccordcd clocumcnts as rcllecttd tn Cor:rruonu'calth 'frtl(' Cornpunt's Conlmltlllent r'o' 0S(]l ll5-- :,;lr. ,3rr,,,u, shall anrl rvrll \VARRT\NT r\ND FOREVF.tt DEFEr-D th{ rbove burgatnctl pretntses in tlrc quiet rnd prcaceablc posse:isroo ul' rhc grlnrcc. hrs hei(s and ussrlihs. rg!iisr all and avat) pcrson or prrsons l}\rfully clar)lring thc u'hole or any parl thcrcof 'l'hc singular nutrrbcr shrli rnclu4c rhe t,lupl. thc plurrl rhc singulrr, and tlre usr' oi gendcr shJll bc applicablc to all gcnders. lN \VI|NESS WHERIiOF thc lranror hs cxccutcd rhrs dccd on lhc datc srt forlir rbote ) )ss ) .,.)-t i'-\ll f,) a.( (i- )o ! Itr#,?;"1{J;*, S0l r:olorrdo Avcnuc (;lcnuood Sprrngs, C0 81601 J-atg*.. t, lYtl+t@ Lcilr) B. IUolll(lver sl"\'l'[ oF coloR \D0 C-\)tiNTY O[ (.; ^l{ }rti:' t.,t) 'I llr iorcltolr!l lnstrunllnl u'rs ac[ttorlicdgcd betirLc \1 r aoilltllls\ioll c\Plrcs ( (xrirti;rlr/..,irl filr Nt! t s(rll:t !rl,'(JtrriY e.:.( \l I lf t\I( Prollrrl) is [itrrtrt:ttl' D\(1sr corrrp\clt tlrc 1r'llol\iIrg' l\\i,r\'rlllir\llttll1lllllceJ'r S13U'00000 r:\n'*n =H '--- (,:hL:uL rll.ilrrt i\ffll,lo n"., ( )c.rrrhtn^tt'rti; l:'\r'lrn --- - -- I l"i:....t'*i:li::'rr.cd t )Sr\r' 'l',lilr',,0t.. t,,t 'rrlg rtitclj:r: rilt( \ii:* tlq::.*:.:::.,". rr,-rs !\'In('unr --.*, "".,"" :'-"-"-*t'n r\ir"'ottrdherp lhc r:i!css()r Ilt'l'"'" l'"ttt'tttt t ''' ., ., ,",,,*. )(ilcl .('lr(c sl'11'i "I lil\J1l(1,_ *;lli, tll;,';""" "'*-' "' ". :.'X,:n.,. ", \ir crr:c rr c l Did tlr'' l'rrrclrase I'rrce tY t I)lo\rftt"'. / rlrrcS_-_--_.. --- \r'l-'.: tl'i;]\;* orlnst ti'e 'r -,,,-^il, \x,id c.,,h dcr r Ko ,t "t"tt an i\lstnl\mcnt lxrrd colthircr'l Drtl t\re ",I',,*'J*t "' thu prtrpvrt* concluctedby thc buyer \icir''utks: i'\trsc f-i 'r " rrl f'tlttuarr" 'ltl(lB Srf,rr(LI.llIr\.1.'nln\"'.ilr rn,t ta'r,. ht*t'.ll.lJlilii'}.lj]:'^:.'..,'li::J[ IIii:: * u" ;"x$"'L'#kil,l'};l$:]}}1il.i':""n,*i"'u"rorse\re'y (1l{AN1 Et1 d;u, itl-,.rorttt" thc salt:-vou ntav l*cl ls imporlilrt' traflsa't\on sigu rllc l\()ctrmcnr' an'l trlchrdc atr address Cimnsnqtriil\ Tiric frtr )r\1 ctol l:i \Jlullions' ctc') regat<iing thrs propclt) shtrulJ be rtrullcrl to A1\ frrtur<r i'(rIr(ltPtlnd!-Ircr' (rrx bilts TlroPrrtr- \tii"l:llii:ii"'ti rr r 'Neu castle co 81b'.'l Da$inre Phorre:- IU II r rYcs ( lY .r.. r../nf L:irlltl uc I l''itc No' t)lJ(ll I 2i ExIttlll'll ";\" i'*',ffiiu:{*,,i :*t'i:'i;lil'::'f;T'::h.::r}'i'*'i'-1""1':[:.fl:j]""[:':# L (,'r,,,1c,1u,,'!r .,r ":, ,,::" ll:1,;i"$::11lil,i"'.llllt';.',i'::;,i'l$:lill:f,*TI:1',"""l:J;ll,l]'stltil::i!$lljili'ill1i;r.rrn:lri;r(,Sourtr.T.',F"ll:,1.::.:;;,,,';;;,;RoariNo 3tl.theTruepornr".fB.i.t],llll,c-l).:]:,1';'r':i-;;];i;.".. r)o*1r o. rlrr Nor.rherly ,,gnior"o,; iur'i:.run,, o""n t" 't'ii"iili;"" Pornt o.f Bclrnrttnu (rvhcttcc the *last Qttartur i:onr*r ,,{.s.Jid Se(-rr,)n7. ,, r*i-1r,.1,*, u,.rk'''t 'ua i"'lni i'i ni"t"'tt^-'"rr'' sf i;'::; tiast 1)527'ot' l'ect): tl Norlh(19 \li'50"\\'cst4lt ftft'':i tl'in;Sorrthhrgltrrrttr ltltcof tlte('olotadoRtver' [:xucpttng ther:cliont lhe icll]orvrrrg descrrl:trd p'"rrcel :\ ract oi land struatr:rj rri l.ot I'.ig,hr (8) olsection itt'elt'e (12)' Torvnshtp Srr ((r)' ran*c Ntner;--ls'o (92) \\cst oithc \lxth (6th) P'Ir,,t.. l;,.rrrg "uur.'.,i,-..,i,r.,.jntrrtherl1 ii.rc oia..,u,.'t..,o".1 as ionstrrrctcd nnd,'. p1,". n' 111|]grrs: ii.f,.,,,n* i, r po,,n,.(,, ,,,(::.;i:.,]. iltitili''l;:'.l,.tIfU i!i*:]ilii:;l;J;UUl'; ''ti'll',il;,',I,;l:.''iu I f |l str(l 'T'()\v1lslllP tll(l 7*"l.i'1e"tl. 2t-l ll tcct; ;'il::i i;f i;'i'i;i r'rl'ol ttti tt' o poinl on'the norther);- lrnc of sard road: tlrerrr'c S ,.14,21',w. 2g-i_45 tcct rr.*,,rr"'r"r,t.rl."- lrnc o1 srr,r road to thc point oibeginnrng RI,..r.L pl{ortiR'n' I R-.\NS[-li:R DE( l".',UrA l'l()N- ('[l)-I000) (i[-r- l] R r\L I N l' ( ) l{ N{A't'l(}N ttrtfotttr assessrrrcilts lor all prepflt.t {<>r Jrrilpcfl1'rax pullr)s*s. Rt:fi:r to 39-14" l(}2t.1), (irlorudo l{evrsc,d Statutcs (( R S.). ,"lr!fllor (scllcr) or Ira;lrcc (bu'yer.). llelcL t() ]9-1.1_l()?( l)(ar. C.ll.S Pcnaltl for Notlcompliarrce: Whgng1,s1 l Ileal l)rnperrr.'hausti:r Decluration does r)ot accon)pany the deed. rhe clcrk and duYs alicr tltc noticc rs nrarlcrl rlavitlposcapcnalt"vol'S25ti)()or l)21!'o(.t)()0)5)oftlrcsrlcpricc.rvhrcheverrsgrelrer.Thispelaltymal,br:impose6 lbrarrr \ttbsequcnl year tllut the huvcr lfltls Lo subrrxt tl)e declJrrrtou uruil lhc propcrrv rs sokl. Rct'cr ro lr.l4-102(1 Xb), C R.S (:uufidcnfi:llity: l he asscssur is reclrrited to rnxkc tho Real Propeny Trunslcr Dcclaration avarlahlc lirr inspectrorr to the buyer l'{twcvcr, it ts onlv x\arlahlc to tlrc se llcr il thr, seller tllcd the declaration lnlbmration derived liom tlie Rerl propern- f ransltr I-)cclaratton is avrilable to atly taxlrayer or an-v agellt ofsuch taxpayer subject to crnlirdentialirl* requirenrents as pLovitlecl by,larv. Rr'l'cr to 39--q-lll.5. C.lt.S and 39-t3-lt)215)(c). C.R.S. Addless or l-curl descriprion ot'real propcrry soLl: Please tlo nol Lrse p.O. Bor numbers Soc Attxchcd Erhibii "-\" -[yrc qf properr;,purchasedr ( )Single Famrly Rcsidentia.l ( )Torvn]ronre ( )Condominiunr l ll;tti,'j:u"" Rcstdcnrral ( )c trnurtercral olndustrial ( ) Agricuttl;ar r'rlfi-"l ii*"lircanr Land Datc of (llosun: F-ebrulry 19,200g Date ot ( unuact iidiflcLcnr than dare ofClosrng lotal sule prirr tncludur2 all rcrl arrtl personlrl propcrry. 542,5.000.00 lYas itny pt:rsonal property irtcltrdecl ur llle trarlsaction? Personal propcrty rvould rrrclurlc, but is not linrited to. cxlpcrirl!{,drlpcries' iiee standing aDplianccs- (rluipmellt. invcnror], r",,rrrirrrr. lfthe persr:nal propcrlv is urrt lisred. the errrircpulcllase pt_i(:e ri,tll be assL,.ed t. be {,or thc ,.ot prop.riu .. fcr 39_ 1 3_ 102, (. R.S.( )\'es ffi,, Il- yr::;, epproxinrate valuc j, _ , _' 'Describe _-_, Drd rht' rot:ll surts prrcc rrcrude a trarlc or crcharrqe oi atltrititrnar rear or pcrsonor propeily? [{.1,es. grv(, thc ar)lnoxlrruter'alue r.lfthc goods or servlces as o1 thc rlatr ot,:lo-srnu.( )\'ts 1X )No l1 vc.s, ralucg lf vcs,docstl)lstjansacilol),,rvolr*.tr;.;d.l lRSCodcSccrrr,n t0ll.? ()\,es (X)No wrs l00o'(' l])terest i! tlre rcal prrrpertt'pu*.asttl? \tarli "No" rf.,ly a p*rtral intcrest ls bcrrq l:.rrhascd(XX)Ycs ( lNu if uo. lpteresl purclrusurl o,;, Is tllis a fial)s'riJtiotl ar:l'trg lelatecl PxI1lcs? lndicate $heti]er rhc buycr or scllcr arc rclate(j. R(late(l partres iuclude perso,srvrtllrr thc s:ture fanxly. busrness alilliatcs. or afijliaretl cory()ratlons( )Ycs (XX)No Chcck anl,of rhe lbllo*rlg thut apply to dre conclitiou ofthe urrprovcments ar lhe lime ol nurchase.( )NcN( )lixceltent( )(iood1 )Average( )Fair( )pcror( ,;Srt"r_q.ffi;l 4. ). 'I \X .,\( ; lt tlI.]I F.N I' Sl-L[,ER: Lcno R. ]'Iontover RllYElt: (iuy !liddletou (:1,()SING l);\'['I]: l:ehruarv 19. 200]l PITO PT:R'I'\ DIiSC]RIP'f I ON : Sco,ltrxrhrd I-\lril)ir ".\" Rtrl (s(il(t t2\t! li)r thc Sttlt 0f(lolorrdo are conlputrd ca(h \crr oD !n asscssrnrtrr ol thc pruperty as of llarch lrl. llor|cvcr, (h( act(al prortliIg lurr:s lrtarreet [ruycrs and srlltrs, 1'tar prior Io lllc bu\'€r's 0wnersltip, and bollr bul'er zod sellrr specificlllv rgree as sho]tn b\.{XX) thar: () (XX) 'l'r:\es lta'e bcer l)rorx(e(l o'thc l)r(\io,s ycar's ta\cs in tlr( anrount ol S--- 'fn\ci hnve beeil proralcd oo rn cstitrra(e of ta\cs in (ltt aorount ol St,4t7.56.11'lgrrrcs ivcrc ohtaincd b_\,tcl.phon( lrorn the Cou!rtv r\sie$sor.s ollice antl Conrtrronrrqal(h I.itle CornpnilI xtrdclurtntonuculth l-xnd't'itle lnsurance (otnllany "rr,n-0, u, responsiblli(\,or an\ liubilit!,in thc cvent thc Couot'Assessor misquotcd the 'rsscssttlcrls :rnllur rriitl Lerl tigurcs. .qriv atljustnrenrs shait bc nrarte il;;;;;;;;il;;ii :;ll;:lll,jli,|::::jr)-, rnd conrrlroo\vealtl, ritre rviltirorinrke or tc responsible r"i,ri. ,:",,,r:*"renr or r^v rinrlirir' in ( XX ) 1'[IOR\'I'ION IS'I'O BE CONSTDI|RT]D ITINAL SETTLEMENT. ( ) PRORJ\.floN \t,il.1, RE. RE,\DJl]s.[r.t) RETwEEN Bl,ytiR AND SELLF.R \\:HF,N THu ACrL,,\L ,rAxS]' ]'E),IEN1' B F]COI,I ES ,\ \ A I I-AIII.I:. AI'l'R0\'l,D ;\ND A('(-llpTIlD: BttYult: Cu'r' ]'litklleron SELLT]R; t*r,hhafr--ta.l-trto lJ. Ilorrtor i.r' ti'itc No. 0tl0I I 25 !:xtllllr'[ " A" A prrcci ()l' litr)d siluate(l rn the Wti of Scctron 17. lorvnship 6 South. llange 92 West o[ the Sixth P.N'I., Garficld (l()un(r-. Colur:rdo l-v.,ing Easterly ol tlre ccnterline of Divldc Llrcek, sard ceutelline of Drvrde Creek is deflincd and dcscrihe(l on Exhrbit Il atlached to Quit Clarnr Deed rn Boclk 664 at Page 493 to 495 Northerly of Ccluntl, Road No. -3 1 I. Srluthcrl.v- ttf the uetttcrlinc of lhc (-olorado Rivcr. r:rrl Wcstcrlv t>f a lrne dcscribcd as lbllon,s: ( otrrrrr'rcrug at :ll) lron post rlrld brass capr [irurrd rn place and prr4:erlv markcd for rhc Nort]r euarlcr Corner Scctton 7.Iirr*trslttp 6 Sottrh. Rurrgc 9l \\'est ot'the Srxrh Printrpal lvtcild'ian, thence south 6o.15,t)g,, west 75,12..64|eet to apor'rt on the Northerly rigttt of $'a,v- lbr count-v ltoa.l Ni. ,il r. tr.rc tiu. polnioia.g,un,ng (\\,hcnce rhe Easr euarrert'orntr o1'sar'l ScctionT. a rock ploperty nark;d and liu.rn<l rn placc, bcars No,rr, gjir;,::,, Lasr 9-s27.()t( fecr); thcncenwrrnh 01)'5u'5()" \vest 43 l.8s Ieet r' thc s.urh hrgrr *.arer rrne or'rhc crolorado lli'er. /-'! ' rJo Issl''' Lrr( [:xccpt"lr]H rhcrcti'onr tlre lollou,nrg ricscrrhccl purccl: A tract oI hnd slnratcd rn l-ot llight (8) of Section Trvelve (13),.hrr,"nshrp Six (6), range Nu]etv--Iwo (92,; West of theslxth (6lh) l'.iv{ ' lying llorlherly of the northerly' Iine ola county road as consrrucred aDd in place us lbllo$,s:Llugurrrrrrg al r pornt olthe north!:rly lrne trJ'sard road n,hence fie Sect)on Conrer ctrmrnon to Seetlons 10. I l, l4 andl5 rn saiti 'l'ownship and llange hetrs S. 6E"4?'12"W. (i317.:i7 I'ee!: rhencc: N.04"41,4-s,,E. ltll.g5 tect.; lhc_nce N.is"3t'29"F_.2t4.t1 fcer: rhcncc S. lB"l3,li,,E l-i9.49 feer to a p.inr nn if,.'nurrt,.rt_v Iine ofsarcl roati; thence S.rl"l4'2 i"w. 1s3.45 Icct along the,or-rhe.lj- ri,e or,sard'oad ro rhe point or u.gin,.,*g LEGAL DESCRIPTION A parcel of land situated in Section 12, Township 6 South, Range 92 West of the Sixth Principal Meridian, lying Westerly of the centerline of Divide Creek, Southerly, Easterly an Northerly of a fence as constructed and in place, said parcel of land is more particularly described as follows: Beginning at a point on said fence whence the northwest corner of said Section 12 bears N 02%7'31" w 2732.12 Feet; thence s I lo33'09" E along the boundary line of that parcel of land recorded in Book 807 atPage 834 of the Garfield County Records 2g3.74 Feet to a point o, th_" Northerly Righrof-Way of County Road 3 I l, thence leaving said boundary line and alo-ng said Northerly Right-of-Way the following three (3) courses: 1) N 87"31'23"E172.63Feet;2)s8922'57'E235.94Feet;3)N g6;31,42,;ig7.43Feet to the intersection with the centerline of Divide Creek; thence leaving said Northerly Right-of-Way and along said centerline the following three (3) "or.r"r; 1)N 24.32,25- W 69.01 Feet; 2) N 18"02'22" E 64.l2Feet;3) 110.29 Feet along the arc of a curve to the left having a radius of 260.00 Feet and a central angle of 24o18'13" and a chord which bears N 05o53'15" E 109.46 Feet; thence leaving said centerline N 06.15'5 l. W 217.55 Feet; thence N 36o00'00" W 255.20 to a point in the Colorado fuver; thence S 90o00,00,, W 110.96 Feet to the intersection with the centerline of Divide Creek; thence along the said centerline the following five (5) courses; 1) 56.90 Feet along the arc of a curve to the right having a radius of 130.00, a central angle of 25o04'34" and a chord which bears S 38"51'33" E 56.44 Feet; 2) s 26o19'16" E 64.27 Feet; 3) 46.59 along the arc of a curve to the left having a radius of 200.00 Feet, a central angle of l32O'53" and a chord which bears S 3259'43" E 46.49 FeeU 4) S 39%0'09- E 64.99 Feet; 5) s 51"4g,20- E 69.27 Feet to a point on the boundary line of said property recorded in Book 807 atpage 834, thence leaving said centerline S 72o57'00- W along said boundary line and fence line 478-31 Feet, to the point of beginning; said parcel of land containing 5.002 acres more of less. .. 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Canberra Concrete Shop Expansion Integrated Weed Management Plan Garfield County, Colorado Prepared for: Canberra Concrete Pumping of North America, Inc. Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 In Coordination with: \ilagon Wheel Consulting, Inc. Shop expansion will extend into the graveled area west (left) of the existing structure I .tl INTRODUCTION Canberra Concrete Pumping of North America, Inc. is located at 1912 County Road 311, New Castle, Colorado 81647;' Garfield County, Colorado (Figure l). The company plans to enlarge their shop area through partial demolition of an existing structure followed by consffuction of a larger building (Figure 2). WestWater Engineering biologists conducted a survey of the area on December 27,2007, and developed an integrated weed management plan. The Colorado Noxious Weed Act requires local governing bodies to develop noxious weed management plans. Both the State of Colorado and Garfield County have lists of plants that are considered to be noxious weeds. The State of Colorado noxious weed list includes three categories. List A species must be eradicated whenever detected (none were found). List B species include weeds whose spread should be halted (2 species found). List C species are widespread, but the State will assist local jurisdictions that choose to manage those weeds (3 species found). The Garfield County Weed Advisory Board has duties to: l) develop a noxious weed list 2) develop a weed management plan for designated noxious weeds 3) recommend to the Board of County Commissioners that identified landowners submit an integrated weed management plan for their properties. The Garfield County Weed Advisory Board has compiled a list of 21 plants considered to be noxious weeds within the county. Four of those weed species were found in, or near, the project area. SURVEY METHODS An intensive weed survey was done within 100 feet of the proposed building site. This was assumed to be the distance of maximum site disturbance. Weed locations at greater distances were also noted when were encountered during a related wildlife survey of the project area. Two to six inches of snow covered the ground, so plants of lesser height could not be surveyed. Weed locations were mapped, photographed, and located with handheld Global Positioning System (GPS) units using NAD83 datum. SURVEY RESULTS Much of the area around the proposed building site consists of graveled parking and is devoid of plants. The only State or County listed noxious weeds found within 100 ft of the proposed new building were Russian knapweed (Acroptilon repens) and scattered downy brome (Bromus tectorum\. They were found growing between the proposed building and County road 31 1, and along a short north-south fence line from the road to a graveled parking area. Other non-weedy plants near the construction site included various ornamental plantings, an existing grass lawn, basin big sagebrush (Artemisia tridentata tridentata), and rubber rabbitbrush (Chrysothamnus nauseosus). WestWater Engineering Page I ofll pages January 2008 Non-listed weedy plants encountered beyond the 100 ft perimeter included pitseed goosefoot (Chenopodium berlandieri), redroot amaranth (Amaranthus retroflexus), and annual wheatgrass (Erempyrum triticeum). Listed noxious weeds found beyond the 100 ft perimeter were chicory (Cichorium intybus), common burdock (Arctium minus), downy brome, Russian knapweed, and Scotch thistle (Onopordum acanthium). See Figure 3 for a map of the noxious weed infestations. Photos of weed locations can be found at the end of this report (Photos I - l0). The small project area makes the use of photos very useful in locating the weeds. Numbers in parentheses in the photo captions refer to the particular infestation from Figure 3. RECOMMENDATIONS The Russian knapweed within 100 ft of the proposed building site should be controlled to prevent its spread into areas of disturbed soil during construction. However, if soil disturbance during construction can be limited to the existing graveled surface then the proliferation of Russian knapweed due to construction activities should be minimal to none. There are other noxious weeds located nearby, and sometimes off of, the client's property. If those areas will be disturbed during construction activities, it is recommended that weed control measures be put in place for those infestations. See Table I for a list of weed locations and control measures. Russian knapweed is the primary weed control issue near the construction site. Russian knapweed, a tough perennial, can be difficult to manage. The Biological Pest Control Program of the Colorado Department of Agriculture does not currently have any biological control agents for Russian knapweed. Broadleaf herbicides, cutting, and planting competitive grasses, are the most effective control measures at this time. Grubbing is not recommended as Russian knapweed can easily spread via small bits of rootstock. Herbicide application should always be done safely and carefully, with the aim of targeting only undesirable plants. It is especially important that the herbicide application between the construction site and County Road 31 I avoid killing the nearby sagebrush and rabbitbrush. Besides benefiting wildlife, these shrubs also help to stabilize the road bank. Herbicides may need to be applied for a number of years following the initial treatment. Native grasses should be planted in treated areas. Sod forming grasses such as James' galleta (Pleuraphis jamesii), thickspike wheatgrass (Elymus lanceolatus), and western wheatgrass (Pascopyrum smithii) will compete with weeds and help ensure long term success of the weed management program. Seeding of these grasses is most successful in the autumn. WestWater Engineering Page2 ofll pages January 2008 Table 1. Weed locations and control recommendations Common Name* Scientific Name Infestatior/ Location Control Methods Chicory' Cichorium intybus A few plants off of the client's property along a ditch just north of 135 27 4393mE 4380 1 l 5mN. Will likely be found further along the length of the ditch as well. Spot herbicides on rosettes. Plant competitive grasses. Herbicides should be approved for use near watercourses. Common Burdockc Arctium minus As Chicory (above)The small number of plants lends itself to cutting and digging of rosettes and bolting plants; re-seed with aggressive grasses. Approved herbicides if needed. Downy Brome' Bromus tectorum Can be found scattered throughout much of the project area. Plant competitive grasses. Avoid soil disturbance. Russian knapweedB Acroptilon repens lnfestation (l) between the proposed construction site and County road 3l l. Knapweed follows the fence line in a swath about 5-10 ft wide. Density of knapweed is light to medium. A 100 ft x20 ft, high density, infestation (2) off of the client's property at l35 274393m8 43801l5mN. A small, light density, knapweed infestation (3) growing near a parked vehicle east ofthe existing shop. A high density infestation (4) in the irrigated pasture about 50 x 70ft. Herbicides in bloom, seed stage, or near the first killing frost; plant competitive grasses. Scotch ThistleB Onopordum acanthium lnfestation (l) ofabout 20 plants off of the client's properfy just south of the old wooden shed at l3S 274416m8 4380086mN. Small infestation (2) of 4 thistles near the old tack shed in the northeast portion ofthe client's property. Herbicides in bloom or early seed stage; plant competitive grasses. These two small infestations could also be handled by cutting the rosette tap root l-2 inches below the ground. Repeated measures may be needed until the soil seed reservoir is exhausted. * Government weed listing: Bold - Garfield County, Colorado. Superscript - Colorado State B or C list. Numbers in parentheses are infestation locations on the noxious weed map - see Figure 3. WestWater Engineering Page3ofllpages January 2008 REFERENCES Bio-Integral Resource Center, Berkeley, California. IVM Technical Bulletin. Spotted, Diffuse, and Russian Knapweed. Published at URL - http ://www. efn.org/-ipmpaA.Ioxknapw.html Colorado Department of Agriculture, Biological Pest Control Program. URL - http://www.colorado.gov/cs/Satellite?c:Page&childpagename:Agriculture- Main%oZF CDAGlayout&cid: I | 67 92821 5 160&p: I I 67 92821 5 160&pagename:CDAG Wrapper Colorado Department of Natural Resources. Weed Profiles. IIRL - http://parks.state.co.usAllaturalResources/ParksResourceStewardshipA.loxiousWeeds/Spe ciesProfiles/ Colorado State University Extension. Knapweed. URL - http ://www. coopext.colostate. edu/TRA/knapweed.html Colorado Weed Management Association. 2007. Noxious Weeds of Colorado, Ninth Edition 2007, Centennial, Colorado. Garfield County Vegetation Management and Garfield Counfy Weed Advisory Board. 2002. Garfield County Noxious Weed Management Plan. Resolution #2002-94, October 21. United States Department of Agriculture. NRCS Plant Data Base: URL - http ://plants.usda. gov/index.html Weber, William A., and Ronald C. Wittmann. 2001. Colorado Flora. Western Slope, Third Edition, University Press of Colorado, Boulder. Western Society of Weed Science. 1996. Weeds of the West, Fifth Edition, University of Wyoming. WestWater Engineering Page4 ofll pages January 2008 t-.*=--.J:--"-J e. .-Jo Etr l-----ieg---@ rtr6 Figure . General location of project site. N B "'.r-a =o1\m SIIOP ADOIlION gg'"-Oe---Oe Figure , Planned shop addition. Base map by Eclipse Surveying, New Castle, Colorado WestWater Engineering Page 5 of I I pages January 2008 I I I l: trf s.ptch thistle 2 \--rtrsian -;-o;Tri{nwc.d i?. '": {t + -- I ' ' Russian knapweed 1 Figure . Noxious weed locations (Yellow is the approximate added floor area of the new shop addition) NOTE: colored areas are not to scale (Base map by Ectipse Surveying, New Castle, Colorado) Photo 1. New building will extend west (left) less than the length ofthe parked truck (looking north) WestWater Engineering Page6ofllpages January 2008 Russian ...;6,.;;... knapweed a \ :l:j'1 - -.:1. EXISTING CONDITIONS nrarrrr .f-rl r: ;-- J E .,;. ': it, ' .. i' -t- Photo 2. Russian knapweed infestation (1) near south fence Photo 3. Russian knapweed infestation (1) atong the road bank ofCounty Road 311 WestWater Engineering PageT ofll pages January 2008 Photo 4. South face ofexisting building, weedy area to the right contains Russian knapweed. The new building addition will extend only about 5 ft south (right) into the gravel parking area' Photo 5. Road bank at left with Russian knapweed infestation (looking west). The south face of existing building is at the right. WestWater Engineering PageSofllpages January 2008 M -1 ,L Photo 6. Looking southeast. These Russian knapweed (2) and Scotch thistle (1) infestations lie just beyond and to the west of the client's property. Photo 7. Looking west. Same knapweed as in Figure 9. Chicory and common burdock (not shown) are on the other side ofthe fence to the right. WestWater Engineering Page9ofllpages January 2008 rG: Knqpweed Photo 8. Scotch thistle south ofold shed. Same infestation (l) as indicated in Photo 6. Photo 9. There are a few Russian knapweed plants in this infestation (3) growing among other vegetation near a truck. WestWater Engineering Page l0 of I 1 pages January 2008 Photo 10. Existing building in background (looking west). The new construction will occur on the other side (west side) of the building and will not affect the weeds here. Russian knapweed is shown following the road bank and then curving north (right) along the irrigated field. WestWater Engineering Page ll ofll pages January 2008 o WAGON WHEEL CONSULTING, INC. CODY W. SMITH r.Lr E. 3* stREET, SUITE 213 RIFLE, CO 81650 OFFICE: (970) 62s-8433 FAX: (970) 62s-843s July 18,2007 Garflreld County Building and Planning 108 8th Street, Suite 400 Glenwood Springs, CO 81601 To Whom tt May Concern: On behalf of Canberra Concrete Pumping, Inc., Wagon Wheel Consulting is submitting this letter in regards to the requirements for Stormwater Management permits and plan. The Colorado Departrnent of Public Health and Environment (CDPFIE), Water Quality Division is the regulating agency for Stormwater. The CDPTIE requires that construction sites of one acre or more of total disturbance be pemritted through the CDPHE with a Stormwater Construction Permit (Please see below for requirements of a construction pennit as per the CDPFIE). "stormwater Construction Permit coverage is required by State and Federal regulations for stormwater discharged from any construction activity that disturbs at least 1 acre of land (or is part of a larger corrnon plan of development or sale that will disturb at least I acre). A "common plan of development or sale" is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. This includes phased projects, projects with multiple filings or lots, and projects in a contiguous area that may be unrelated but still under the same contract. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements, and all portions of the project must be covsred." Due to Canberra's proposed scope of work and size of total disturbance being less than one acre and under the requirements of the CDPTIE a Stormwater Management permit and plan will not be required for the proposed project. Please contact me at (970) 625-8433 if you have any questions 61 sommetrts on this matter or need additional information. cddy w. smitI Senior Permitter & Certified Stormwater [nspectoro q,o (B a aad oo CS A. ol-{ O()LE(.)Ij:PE\Jtr 3J Siog EtABs-.=tr€ o9+) !=(t) ur (B.=CEo.N.-c )r (gzyo.: L'9.tro {j LroE ogo 11 i N q)\p '+iq-'o' ! T\a) s x. a) () .q)h q R q) hN uo\? \r.,S"ts€ooL S.s r\ Sri F!$ S!txq Sc!t! -q),s .t tV\$SS L=Et"SE k_B:'s s .q)q, t\S rr).x= FSi r.\ts 'l.S:.i q) 1- \,)u-i I\\q)FS b^F '=iRqx\ vo oc.€ee boo q) T\ ? -+ftr Eo Eo (, cj C) t-{ Cg d a C) CBo $<ooa -qF t 0 ?(jt rl I T (n 7^H ttl Ft ,tt 0t a t rlE trE trt H e ssatgu!-(!r! ;E ng 9la '/al't6 a' rr{lro\. Lo uq)L a) Fau a)Rt\i l.l C) cBoa C)+r Lf H <l l( )> Y, <1 ( I> w ,4 ({ th5 --ylxit I WILDLIFE ASSESSMENT AND MANAGEMENT REPORT RE: Special Use Permit for Shop Building Expansion APPLICAI\T: Canberra Concrete Pumping of North America,Inc. Parcel Number 2179-164-00-490 Garfield County, Colorado Cover Photo: North-facing view of Shop Building Expansion that is left of existing building. Existing residence is north of building site and parked vehicles. Prepared by: WestWater Engineering 2570 Foresight Circle #1 Grand Junction, CO 81505 In Coordination with: Wagon Wheel Consulting, Inc. January 2008 r t! o a-.4.1 { L rV'r./ {L o o o INTRODUCTION Canberra Concrete Pumping of North America, Inc. (Canbena) plans to enlarge an existing shop building that is located at l9l2 County Road 3l l. The project entails the partial demolition of an existing shop building and expanding the existing structure approximately 25ft to the west, 10 ft to the north and 5 ft to the south. Canberra is seeking the special use permit from Garfield County for the construction of the expanded shop building. ln conjunction with Wagon Wheel Consulting, Inc., Canberra has requested WestWater Engineering (WWE) to provide a "Wildlife Assessment and Management Report" for the proposed building project to identify issues that may pertain to wildlife as a result of the building project. Suggested wildlife impact mitigation practices were also requested forthis report. The proposed project is in the NW%, SW% of Section 12, T63, R92W, of the 6'n P.M., Garheld County, Colorado. The building property is approximately 3.7 acres in size; the completed building will be approximately 3,196.8 square ft, or about 0.07 acres (Figure 2). The Garfield County property land parcel number for the building site is 2179-123-00-371. In preparation for developing the following report WWE biologists performed a field survey and assessment of wildlife and their habitats on the proposed building site and surrounding area. WWE conducted the survey on Decemb er 27,2007 . Approximately 4 inches of snow blanketed the project location and surrounding area on the day of the field survey. The project map is shown on Figure 1. The purposes of the survey was to determine those wildlife species that occupy and/or utilize the project property at varying periods during the year and which would potentially be impacted as a result of the building expansion and associated activities. Factors considered include soil type and texture, existing land management, absence or presence of wildlife, habitat designations by Federal and State wildlife agencies, and the present natural vegetation community. This report provides written documentation that describes survey findings as well as recorlmended mitigation measures to help offset potential impacts to wildlife that utilize the property. This assessment and mitigation plan meets the wildlife requirement of Garfield County Regulation 9.07.04 (10) (Board of County Commissioners 2006). BACKGROUND INFORMATION Descriptions of critical habitats for federally-listed endangered fish species were reviewed in the Federal Register, U. S. Department of the Interior, Fish and Wildlife Service (USFWS). Wildlife habitat (activities) maps, provided via the internet web by the Colorado Division of Wildlife's (CDOW) "Natural Diversity Information Source" (NDIS), were reviewed and incorporated into this report (CDOW 2008a). Avian literature sources such as the "Birds of Westem Colorado Plateau and Mesa Country" (Righter et al. 2004) and the "Colorado Breeding Bird Atlas" (Kingery 1998) were reviewed to determine the likelihood for species occulrence within the project area. Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U. S. Department of Agriculture, were reviewed to determine the soil types and vegetation characteristics of the project site and surrounding property (NRCS 2008). WestWater Engineering Page 1 of 15 pages January 2008 LAIIDSCAPE SETTING The project site is located on a 3.7 -acre parcel of private land, about 1 .5 miles southeast of the town of Silt, Colorado; and is about 0.25 miles south of the Colorado River (Figure 1). Divide Creek flows on the east side of the property about 400 ft east of the building site. The site is situated in the SW quadrant of the land parcel and is accessed by an existing driveway that originates from Garfield County Road 3 1 l, which lies about 85 ft south of the proposed building site (Figure 2). Private lands border the project property on all sides (Figure 1). o tm tttl 0 ltr lm MfItnS G CCPNAI WestWater Engineering Page2 of 15 pages January 2008 d sEtel: TBEIlrulr lIo ETI>rGttr t&.3*--\', i t tr\,\ t airj(i g$ ,j ' E$'m) lEl EHiu,j ffial fri*-,E#li FffiI :2 ltrtrRt 'llli \t ir:3ort s ,t\tl Iri trs ti$ * CREEi( -_-- -\ -t I I E e @N 5l k u i ii c I I i s hi EI; IiI lltrrGtrl ! E U b : / \ \ \ \ \ \ \ A,/1r\ B,i \ 3Ei i ri! itEBt! 'o ri{ a C)() F oU C) L .os q -o(.) bo a o o a At'J . o .!8 Iri !lr-daIts EdEitBBtt The project site is situated in irrigated agricultural land on nearly level terrain. The perennial stream of Divide Creek serves as the east boundary of the affected property. The elevation of the project site is about 5,490 ft. The area of consffuction disturbance for the building expansion is currently a graveled driveway and parking area for the existing shop building (Cover Photo). An existing residence with carport and porch is situated on the property about 100 ft north of the proposed shop building (Cover Photo, Figure 2). A 3-wire overhead power line passes through the property in an east-west orientation; and is situated south of the proposed building site (Figure 2). The primary use of the property is currently residential and commercial business. The historic use of the property was likely agricultural upon installation of irrigation facilities. No sign of livestock grazing was evident during the survey. The soil type that is associated with the proposed building site is classified as Arvada loam, generally with slopes from 1 to 6 percent. This soil type typically occurs on terraces and alluvial fans and is derived from sandstones and shale. This soil characterizes the Ecological Site for the area as a "salt flat". As described by the NRCS, the "use" for this soil type has severe limitation, with primary use being rangeland and wildlife habitat. North and east of the building site the property is primarily cleared land that is sprinkler irrigated. No crop appeared to be in production and it appeared that the irrigated area is primarily for ornamental landscaping. Numerous omamental trees and shrubs, protected by wire fencing, occupy the cleared area north of the building site (Photo 3). No native vegetation occurs on the building expansion site, as it is currently in gravel (Cover Photo). Non-weedy plants near the construction site included various ornamental plantings and an existing grass lawn/field that is sprinkler irrigated. Basin big sagebrush (Artemisia tridentata tridentata) and Rubber rabbitbrush (Chrysothamnus nauseoszs) occupy the steep road bank between the south property boundary and County Road 31 I (Figure 2, Photo l). One 45 ft Narrow-leafed Cottonwood (Populus augustifulia) tree occurs along the road bank southeast of the building site. Divide Creek supports riparian vegetation and habitat along the east boundary of the property. The primary vegetation along the creek is Narrow-leafed Cottonwood (Figure 2, Photo 2). One25 ft. Gambel's Oak (Quercus gambelii) tree grows along the north property line about 50 ft east of the residence (Photo 4). A preliminary roadside survey was conducted throughout the project area to familiarize personnel with vegetation types and terrain as an aid to help determine the likelihood of the presence of threatened, endangered or sensitive wildlife species. The general project location, verified boundaries and reported features were recorded with the aid of a handheld global positioning system instrument (GPS) that utilized NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system of Zone 13S. WWE biologists surveyed the area within the property boundaries to identiff and locate wildlife species, wildlife sign (tracks, fecal droppings, and vegetation disturbance), vegetation communities and wildlife habitats. Vegetation types were determined through field identification of plants, aerial photography and on-the-ground assessments of plant abundance. DSETE WestWater Engineering Page 4 of l5 pages January 2008 P WestWater Engineering DC Page 5 of 15 pages January 2008 Photo 4. Gambel's Oak tree with Black WestWater Engineering Page 6 of l5 pages January 2008 L Identification of plant species was aided by using pertinent published field guides (Whitson et al. 2004, CWM A2OO7, Kershaw et al. 1998). The Cottonwood trees and Gambel's Oak tree of the property were inspected for the presence of raptor and other bird species nests (Figure 2, Photos 2 and 4). During the survey bird identification was aided with the use of binoculars and song recognition. Photographs were taken of the general project location, surrounding vegetation and terrain, and specific biological findings. ESLTS S E TECS No federal or state listed (CDOW 2008b) threatened, endangered or candidate wildlife species occupy the area of the proposed water management and storage facility and, thus, none of these species will be affected as a result of the proposed project. Habitats for these species do not occur on the project site or the immediate area. TS CDOW places the proposed building site within Game Management Unit (GMU) 42. IIGMU 42 the site is situated within mule deer and American elk overall range and winter range. Furthermore, for mule deer, the project site and adjacent area is categorized as a resident population area and south of the site is categorized within severe winter range (Figure 3). For elk the building site is just north of severe winter range (Figure 4). CDOW defines 'owinter range" as "that part of the overall range where 90 percent of the individuals are located during the average five winters out of ten from the first heavy snowfall to spring green-up". CDOW defines a "winter concentration area" as "that part of the winter range where densities are at least 200 percent greater than the surrounding winter range density during the same period used to define winter range in the average five winters out of ten". "severe winter range" is defined as "that part of the range of a species where 90 percent of the individuals are located when the annual snow pack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten". "Resident population" is "an area that provides year-round range for a population of mule deer. The resident mule deer use all of the area all year; it cannot be subdivided into seasonal ranges although it may be included within the overall range of the larger population." During the survey a few deer tracks were observed west of the building site on adjacent property and across the irrigated field and yard east of the site (Photo 3). No significant use by deer was observed on the site. The presence of protective fencing around the ornamental trees and shrubs of the property suggests that deer use is periodically significant (Photo 3). No elk use or sign was observed on the property during the survey. During winter periods when deep snow covers low-lying vegetation, mule deer rely on the sagebrush above the snow for their primary food source. Elk rely on available grasses for a primary food source during winter periods. Escape, thermal and loafing cover in the form of dense tree and brush vegetation do not occur on the property; but do occur south of the property, south of County Road 31 I . For the project site and property, only light winter use by deer would be expected since sagebrush is only available along the south boundary adjacent to County Road 3l l. WestWater Engineering PageT of 15 pages January 2008 oo on >\t- (o th C)oo a. h o oo 0)bo B ti, Ii ii lti rg €,ilrgiii *r,iE, =tl mn I T o '). \\\.\\. l:.[ s (J oL c)oL Q c) q) L 0h c) () 6l c) 0) c) -A ?a) o b0 oo .E c) 0) 50 L() h C) WH -J----J# .ffi ---{ II oo o.l L ;E fiEfr} t 3 ' ii' i,i Ii *,iiiiiil *r,iEiE MT \\\;rn rhobo a- lr) (: o\ 0)bn cg bo o C) bo ul Lo B ah c) > * U C) sq) q) L Q o o a 0) I c! .ll ri GtJ Lo + q) a0t\ r i:=.= Il fr ,,,,,ffi E CDOW "NDIS" mapping shows the proposed building site to be within overall range for black bear and mountain lion. "NDIS" mapping shows the building site to be approximately I mile south of a mountain lion human conflict area. A "mountain lion human conflict area" is defined as an area "where mountain lions have been involved in incidents (conflict with humans that may have serious results), an attack on a human, predation on domestic pets, or depredation on livestock held in close proximity to human habitation". The vegetation ofthe proposed project site does not provide adequate food sources for black bear to be routinely attracted to the area. However, it is not uncorlmon for black bear to travel through the surrounding area during periods ofshort natural food supplies as bears search for food. During these periods black bears may be attracted to human-related food sources such as garbage and cooking areas. Mountain lion typically follow migrating deer herds in search of deer as the primary food source. Mountain lion have large territories and are highly mobile as they search for food or new territories. Mountain lion prefer to hunt in rocky terrain with trees or shrubs. This habitat condition occurs south of the project site and adjacent area, and, mountain lion could travel through the area, especially when deer are present during the winter period. Widely distributed small mammal species (small game, furbearers, non- game) include mountain cottontail, raccoon, red fox, coyote, bobcat, striped skunk, porcupine, deer mouse and least chipmunk. Fringed myotis and Spotted bat are two bat species of the area that are considered "sensitive" by the Bureau of Land Management (BLM) and would possibly forage for airborne insects through the area of the project property (Reid 2006). Roosting, breeding and hibemating habitats in the form of caves, mine shafts, walls and cliffs do not occur on the property. Habitats for small mammal species are not expected to be impacted as a result of the proposed building expansion. Some Birds of Conservation Concern (BOCC), designated by the USFWS, BLM and U. S. Forest Service, are known to inhabit the local area at least periodically. These include Northern Harrier, Golden Eagle, Brewer's Sparrow, Yellow-billed Cuckoo, Flammulated Owl, Lewis' Woodpecker, Williamson's Sapsucker, Pinyon Jay, and Black-throated Gray Warbler (USFWS 2OOZ). The sagebrush along the south boundary of the property is suitable for nesting Brewer's Sparrow. The cottonwood/riparian habitat along Divide Creek on the east boundary of the property is suitable for nesting Lewis' Woodpecker. Neither of these habitats is expected to be altered as a result of the building expansion. No raptor nests were observed on the project property, although some of the Cottonwood trees along Divide Creek are of sufficient height for tree nesting raptors. CDOW'NDIS" mapping shows no raptor nests documented in the area. Several raptor species (birds of prey) nest, reside, forage or pass through the general area of the project property. Raptor species that are common to the area include Bald Eagle, Red-tailed Hawk, American Kestrel, Cooper's Hawk and Great- horned Owl. A Rough-legged Hawk, an uncommon migrant to the area, was observed foraging and perching in cottonwood trees about 0.5 miles west of the project site. Raptor nesting trees of the property are not expected to be removed or altered as a result of the building expansion. The property's sagebrush, rabbitbrush, grassy field and riparian vegetation along Divide Creek provide nesting and foraging habitats for various other migratory and non-migratory bird species, depending on the season of the year. One Black-billed Magpie nest was observed in the lone WestWater Engineering Page 10 of 15 pages January 2008 Gambel's Oak tree north of the project site along the north property boundary (Photos 4 and 5). The Mourning Dove is the most cornmon game bird in the area (Righter et al. 2004) and likely nests in trees and ground settings throughout the property. P Gambel's Oak tree Plateau Striped Whiptail, Western Whiptail, Sagebrush lizard, Plateau lizard and Bullsnake are reptiles common to this region and could occur in the vegetation and terrain of the project property (Hammerson 1999). Habitats for these species are slight on the building expansion site and these species would not experience measurable impact as a result of the building expansion. AS A Woodhouse's Toad is an amphibian species that is common to the area and likely occurs on the property (Hammerson 1999). Breeding habitat for this species does not occur on the building site, but may occur in moist areas on the east boundary of the property along Divide Creek. Northem Leopard Frog is formerly common to the area and experiencing population decline due to predation and competition with non-native Bullfrogs. Northern Leopard Frog would not be expected to inhabit the dry areas of the proposed building site, but may occur along the moist areas along Divide Creek at the east boundary of the property. Aquatic habitats supporting fish occur in Divide Creek at the east boundary of the property. The proposed building expansion is approximately 400 ft west of Divide Creek with WestWater Engineering Page I I of 15 pages January 2008 no connecting water flow or channel between the two. Construction of the building expansion and its related activities are not expected to affect the water flow, water quality or fish populations of Divide Creek or the Colorado River downstream. I PACTS T ILDLI E Construction of the building expansion and its related activities will not directly disturb wildlife habitats of the area. The area of the proposed building site is previously disturbed ground that is currently graveled for a driveway and parking area. No adjacent vegetation and subsequent wildlife habitat is expected to be removed for the project construction. The casual human disturbance that will be associated with the ongoing activities of the building expansion will indirectly cause some wildlife species to avoid the area, at least during the periods of human activity. Some species will become accustom to the human activity, while maintaining a distance that is tolerable. The impact to wildlife as a result of the building expansion is minimal and would not affect the overall status of wildlife populations for the area. The project and its ongoing activities will contribute, however, to the overall cumulative impacts to the wildlife populatlons of the area that are experiencing gradual habitat loss, fragmentation, alteration and displacement through increased development' ITIGATI N EC ENDATI NS The following suggestions for mitigation are presented for maintenance and improvement of wildlife habitat quality as well as for the prevention of human-caused wildlife losses and/or conflicts. S In the Rocky Mountain Region sagebrush communities have declined over the years and continue to do so as a result of development and habitat conversion' Sagebrush is a key food source for wintering mule deer on the area and provides nesting and foraging habitat for a variety of migratory birds and small mammals. The grass understory of the cunent sagebrush vegetation and irrigated freld provides valuable forage for wintering elk' After disturbance and removal, it generally takes decades to retum sagebrush to its current condition through natural vegetative succession. Deliberate planting of sagebrush is possible, yet costly. The native big sagebrush and rabbitbrush that occupies the south boundary of the property is valuable to wildlife and should be maintained (Figure 2, Photo l). Any future energy exploration and/or development on this property, such as future pipeline installations, should include efforts to maintain and./or restore the sagebrush community. C Alteration of this habitat is not expected for the building expansion project. Maintaining the natural cottonwood riparian vegetation along Divide Creek would provide continued habitats for wildlife species that are dependent on this vegetation type (Figure 2, Photo 2). Riparian wildlife habitats are the least abundant throughout the Rocky Mountain Region, yet provide habitat for the largest number of species. Efforts to protect existing cottonwood trees, both alive and dead, will benefit wildlife. Young cottonwood trees A WestWater Engineering Page 12 of 15 pages January 2008 may need wire cage installations to prevent beaver cuttings. Sumac is another species (shrub) that is valuable to wildlife and is native to the river bottom and adjacent drainages. C Ongoing control of noxious and invasive weeds is recommended as an additional method to maintain native vegetation communities and improve wildlife habitats. Numerous weed species, including Russian Knapweed, were observed in areas adjacent to the proposed building site. No noxious weed species were observed on the planned area of disturbance for the building site. D E A time period of construction avoidance would be beneficial to mule deer and elk, should their numbers increase on the property unexpectedly during the winter. A critical time period for wintering deer and elk is generally December I to April 30. Energy industry activities are cornmonly limited during this time period on federal lands of the area in order to accommodate wintering mule deer and elk. Table 1 displays the most critical periods for deer and elk in the area of the building project. C P Deer and Elk severe (critical) winter range Decemberl-April30 Misratorv Birds primary nesting season Mav 15 - Auzust I Unforeseen egetation clearing activities, in relation to construction and development projects, would have less impact to migratory birds if conducted outside the primary nesting season of May 15 to August I (Table 1). Future property fences that are designed for easy passage ofdeer and elk can allow these animals to utilize the native and planted vegetation for forage and move about the adjacent areas freely as they search for food and cover. In addition, properly designed fences will prevent deer and elk from being injured or suffering death as a result of becoming entangled as they attempt to jump over or pass through a fence. Generally, wire fences that do not exceed 42 inches in height and have 12- inch spacing between the top two wires will allow deer and elk to pass over a fence without conflict. The BLM utilizes these fence specifications for livestock fencing on federal lands (BLM 19S9). The publication presented by CDOW, "Fencing With Wildlife In Mind" provides fence designs that are friendly to wildlife and is available at the CDOW web site at http://wildlife.state.co.usA{R"/rdonlyres/B0D65D6l-6CB0-4746-94F1' 6EE I 94E I C 230 I 0 I fencing.pdf . N Some species of wildlife adapt to human presence and man-made structures well enough to become nuisances. If this occurs, it is usually best to contact CDOW for advice before attempting to remove the nuisance. Black bears may pass through the property and if they detect food (garbage, cooking facilities in man camps) they will be attracted to it. In order to prevent human injury, property damage and/or the unwanted destruction of bears, it is highly recommended that food items and garbage storage and removal be done in a timely and secure T T WestWater Engineering Page l3 of 15 pages January 2008 PS manner so as to not habituate bears to human activities. Mountain lion may occasionally pass through the area in search of food (generally deer and small mammals). Human conflicts with mouniain lion can be prevented by informing workers that "Garfield County is mountain lion country," keeping small children under supervision while outdoors, and keeping small pets primarily indoors. D Dogs residing on or visiting the property should be under control at all times. Harassment, injury and sometimes death to wildlife can occur as a result of pet dogs running loose. The number of conflicts between dogs and wildlife appears to be increasing throughout western Colorado, especially in areas where deer and elk spend the winter period. Colorado Revised Statute 33-3-106 (3) specifically allows for a dog to be trapped or killed when it is necessary to prevent such dog from causing death or injury to big game, small game, birds, and mammals. CDOW can bring civil suit against a dog owner in order to recover dog-related damages to wildlife. T Construction and service vehicle drivers should be encouraged to maintain modest speeds to reduce the chances of striking wildlife on public and private roads. Advisory signs with this cautionary message could be placed on roadways of the area. Posting speed limit signs where collisions with wildlife appear most likely on County Roads will help reduce losses to wildlife as a result of vehicle encounters. S Table 2 briefly summarizes the mitigation measures mentioned in this report, which can help to reduce impacts to wildlife as a result of the proposed building expansion. T Maintain and restore native sagebrush and cottonwood vegetation Deer, elk, migratory birds, small mammals, reptiles, amphibians, raptors, ryfgqlqylirds Seasonal scheduling (see Table l)Deer and elk. misratory birds Make property fencing wildlife friendly Deer and elk Consult with CDOW on nuisance animals Black bears, mountain lion, ravens, kingbirds, bats, porcupine, coyote, others Keep dogs under constant control Deer, elk, migratory birds, game birds, small mammals Store food & garbage securely, remove often Black bears Educate workers and guests, supervise children and small pets while outdoors Mountain lion Reduce vehicular speeds on access roads Deer and elk, small mammals WestWater Engineering Page 14 of 15 pages January 2008 E E ENCES BLM. 1989. Bureau of Land Management Manual, Handbook H-1741-l, "Fencing". http://blm.gov. Board of County Commissioners. 2006. Garfield County ZoningResolution of 1978, amended October, 2006. Board of County Commissioners, Building and Planning Department, Glenwood Springs, Colorado. CDOW. 2008a. Colorado Division of Wildlife. Natural Diversity Information Source. http ://ndis.nrel.colostate.edu/wildlife.asp. CDOW. 2008b. Colorado Division of Wildlife. Wildlife Species of Concern. Threatened and Endangered List. CDOW Web Home Page: http:/lwildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/ThreatenedEndangeredlist CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, and K. Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. Kershaw, Linda, A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washinglon. Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Division of Wildlife, Denver. NRCS. 2008. U. S. Department of Agriculture, Natural Resources Conservation Service. Web Soil Survey: http://websoilsurvey'nrcs.usda.gov/. Reid, F. A. 2006. A Field Guide to Mammals of North America, Fourth Edition. Peterson Field Guides. National Audubon Society, National Wildlife Federation, Roger Tory Peterson Institute, New York. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand valley Audubon Society, Grand Junction, colorado. USFWS. 2002. Birds of Conservation Concern 2002. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. whitson, T. D. (editor), L. c. Burrill, S. A. Dewey, D.W.Cudney, B. E. Nelson, R. D. Lee, and Robert Parker. 2004. Weeds of the West, Ninth Edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. WestWater Engineering Page 15 of 15 pages January 2008 o <=n xlT'i'#',1,.,,,n, November 28,2007 Garfield County Building and Pianning 108 8th Street, Suite 410 Glenwood Springs, Colorado 81601 Attn: Craig Richardson Re: Canberra Concrete Pumping Truck Storage Facility Building Expansion Project Trip Generation Letter, Garfield County, Colorado Dear Mr. Richardson: Per Garfield County requirements, this letter presents the results of a tnp generation assessment for the proposed expansion of the existing Canberra Concrete Pumping Truck Storage Facility. The Canberra Concrete Pumping Truck Storage Facility exists today as a shop/garage which provides storage for two concrete trucks. The proposed expansion will allow for storage of up to four concrete trucks. The site is located along the north side of County Road 31 1 approximately I ,100 feet west of Divide Creek Road southeast of the Town of Silt in Garfield County, Colorado. Access to the Canberra Concrete Pumping Truck Storage Facility will be from the existing two access driveways along County Road 3l l. The attached figure illustrates the site location and the existing access points in relation to the Town of Silt. Site-generated traffic estimates are determined through a process known as trip generation. For this study, Kimley-Hom used information provided by the client to determine the number of vehicles anticipated to access the site per day, as well as the number of vehicles anticipated to entff and exit the site during the AM and PM peak hours. These tnp generation estimates include the number and types of vehicles that are anticipated to access the site. Canberra Concrete is a concrete pumping company that pumps concrete for a vanety of off-site pumping operations. Canberra's typical time of operation rs between 6:00 AM and 6:00 PM Monday through Friday. Currently, two concrete trucks are stored at the facility. With the proposed expansion an additronal two concrete trucks would be stored at this facility. A vehicle entering the site and exiting the site counts as two tnps. Based on information provided by our client a total of 8 vehicle tnps are anticipated per day during fpical operations of the expanded Canberra Concrete Pumping Truck Storage Facility. 303 228 2300 303 446 8678 r Suite 1 050 950 Sevenleenth Street Denver, Colorado 80202 I TEL FAX I 7,|IJl K,m,o,,-Hnrn LJI/ \ ano Assocrates. rnc. Mr. O'aig Richardson, Not,enber' 28, 2007, Page 2 o To provide a conservative assessment ofproject generated traffic, it was assumed that dunng a typical weekday, all four concrete trucks housed as this facility would exit the site during the AM peak hour and retum to the site during the PM peak hour. The following table identifies the anticipated trip generation for the project. ffic Generation Two access points currently serve the project site along County Road 3l 1. They are separated by approximately 375 feet. These access locations are illustrated on the attached figure. The Canberra Concrete Pumping Truck Storage Facility is located along the north side of County Road 31 l, southeast of the Town of Silt, approximately 1,100 feet west of Divide Creek Road. It is anticipated that approximately 50 percent of project traffic is expected to exit and enter the site from the west and 50 percent of project traffic is expected to exit and enter the site from the east along CR 31 1. If you have any questions relating to this analysis, or require anything further please call me at (303) 228-2300. Sincerely, KIMLEY.HORN AND ASSOCIATES, INC. t!-d"A" g*r-A Elizabeth Goodremont, P.E. Traffic Engineer Canberra Concrete Pu Truck Storase F'ac Tra Vehicles Trips Daily AM Peak Hour PM Peak Hour In Out Total ln Out Total Existins Operations 4 0 2 2 2 0 2 Operations with Prooosed Expansion 8 0 4 4 4 0 4 t' lrr) oilt rA,t,n'iW __1 o o O VICINlTY MAP I\IOFI'T-H NTS 096076 0Lr9 ,.1 Prciecl Site Rifle-Silt Road -"*t^^ Colorado River Road oa :E 9-d€na on (/)(/)j o 1oo ,Q\(D la\e \., CANBERRA CONCRETE PUMPING TRUCK STORAGE FACILITY Town of Silt <=n lt;;?.;::;,"= . t CANBERRA CONCRETE PUMPING, INC SOUND STUDY On December 4 - 6, 2OO7 Wagon Wheel Consulting, Inc. conducted a sound level monitoring test to demonstrate the sound levels that can be found outside the perimeter of the proposed site for Canberrra Concrete, and to verify compliance with the Colorado State Noise Statute. APPLICABLE NOISE REGULATTONS The proposed us of the property for noise and sounds generated at the site are govemed by the Colorado State Noise Abatement Code (Title 25, Artrole 12). The allowable sound level limits for uses regulated by the State Statute are listed below in Table 1. The proposed use of the property would fall under the sound levels set for "Residential Zoning." The maximum permissible noise levels for this type of use are set at 55 dBA day time hours (7:00 a.m. - 7:00 p.m./ Monday - Friday) and at 50 dBA night time hours (7:00 p.m. - 7:00 a.m. lMonday - Friday) with allowable increases up to 65 and 60 dBA for 15 minutes in any one (1) hour period. TABLE 1 COLORADO STATE STATUTE 25.12.1A3 MAXIMUM PERMISSIBLE NOISE LEVELS. dBA Zone Daytime (1)'(2) (7:00am to 7:00pm) Nighttims (a) (7:00pm to 7:00am) Hesidential 55 50 (1) During the daytime, the noise level can be increased by 10 dBA for 15 rninutes in any one-hour period. (z) Noise level limit decreased by 5 dBA for impulsive tyPe sounds. SITE DESCRIPTION The proposed site for the expansion project of Canberra Concrete is located adjacent to County Road 31 1 (Divide Creek) southeast of Silt, CO (See attached Map for Details). The property currently has two structures on the site, one is the property owner's house and the other is a large garagelshop/office building which is utilized to operate Canberra Concrete. The property lies directly east of the Silt Sand and Gravel pit and south of the Colorado River and within less than a mile south of Interstate 70. SOUND STUDY RESULTS Sound levels were measured and recorded at one location at the proposed property. The sound study equipment was set up approximately 50 ft. off of the main access road into the site and within 100 ft. east of the west property line (See attached map for GPS location details). Sound and noise levels were recorded during two separate settings due to weather and extreme cold temperatures that were affecting the accuracy of the recordings. Each set was conducted for a minimum of 12 hours to catch peak hours of operations. Set 1 in Table 2beganat 8:00 a.m. and ended at4.45 a.m. on 12104107 and l2lo5lo7 . Set 2 of Table 2 began at 6:23 a.m. and ended at 6:28 p.m. on 1216107 - Both set accurately recorded noise levels during peak volumes for over the required 24 hour period. During the sound study hours Canberra continued normal operations with truck leaving and returning to the site, along with normal equipment cleaning operations being conducted onsite. During the test dBA readings ranged from the low 30's to the High 60's for short periods of time. The sound equipment was set up to record reading every 5 minutes to showing more peaks and valleys to demonstrate the overall sound levels from the site. Additional noise levels and sounds were recorded during the sound study that were not related to Canberra concrete and which contributed to the higher readings that were recorded. A helicopter was flying over head and made several passes over and around the property within- a quarter of a mile. As mentioned before the property is located direitly adjacent to Garfield County road 31 1 which is a highly traveled road by all kinds of vehicles including trucks, pickups, cars, etc. as well as it is located directly adjacent to Silt Sand and Gravel pit. The Gravel Pit operations greatly impacted the noise levels due to the numbers of large equipment working in and around the area and numerous trucks entering and leaving the site. Table 2 SET 1 1 6.Ztt. 1 5 A o IhTIi o SET 2 06:23;2i 172X:11 18:28:?1 - On average the sound levels collected at the proposed site for Canberra Concrete pumping,lnc. demonstrates noise levels that can be expected at the site. Sound levels urro"iut"d with the proposed us of the property will be within the state statue limitations for the zoning district for Residential. SOUND MONITOR EOUIPMENT Table 3 shows the sound monitoring equipment and its specifications that was used to gather the sound levels at the site. The sound meter was set to log five (5) minute ir".ug.r, showing more "Peaks" and "Valleys" to demonstrate the overall sound levels from the site and other sound levels not associated with Canberra Concrete. TABLE 3 MEASUREMENT EOUIPMENT Set 1 Set 2 Sound Level Meter Sound Level Meter F.xtechl407764 Extechl407764 IEC651 Type 2, ANSI S1.4 TYPe 2 * 1.5d8 (under reference conditions) 31.5H2 - 8KHz 30 - r30dB AandC 0.5" Electret condenser microphone 4-digit LCD 15ND44 EOUIPMENT SPECIFICATIONS Applicable Standards Accuracy Frequency Range Measuring Level Frequency Weighting Microphone Display 172X:t1 o Bargraph Sampling Rate Datalogging Sample Rate Time Weighting Level Ranges Auto Range AC Output DC Output Resolution: 0.1d8 Display Period: 0.5 sec. 100d8 scale,2dB stePs 50mS I to 86,400 seconds Per record FAST: 125 mS, SLOW: 1 sec. 30-80d8, 40-90d8, 50-100d8, 60-11OdB, 70-120dB, 80-130d8 30-130d8 0.707 Vrms at Full Scale Output impedance aPprox. 600() 1OmV/dB Output impedance approx. 100() Il ,' i *.. € ,r,.i i:; - $ p \ ':) ]: .I ti I "tlt,rjr I ,.:ir. ?'-,r!t ir,.:t :... r.5*t, B ".HirYi F I :,a ,li i"-* ltsFr ] t}" II I Ii ffi .!,\rt.. ,| ld :r. t it,, 4 { L 1l- il ? u O o a I ! t I \,' it,r - ilbr-i" ,''+F- l'lr I { I I I I!I a 1 i I ll Ilr\-.. I Il a. / t'-il ffi ilT I r l"1 \ !ilg!'d,- t |, :' I r ( l L I I .\ r h I rl.Ir.Y I'I t, --4 o o o I G.=. E"*' )a { : {," t: I I l, j il -d \{, b:r I o e 07/2L/ 2008 MoN 1t32 FAx 97 5 8435 wagon wheel Consulting @ooz/ oo20 52 o Form No ,GWS-25 OFFICE OF THE STATE ENGINEER colonnDo DlvlsloN oF WATEB TESOURCES a-licentenirili elds,, tstg Sherman St., Denver, Colorado 80203 (303) 866-3581 aPPLICAT$ CANBERRA CONCRETE PUMPING INC ATTN GUY MIDDLETON 1912 COUNTY ROAD 31 1 NEW CASTLE, CO 81647- (970) 876-0912 EXST WELL PERMIT NUMBER DIV. 5 WD 45 aftoz -_L--*- DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY NW 1t4 SW 114 Section 12 TownshipOs Rangeg2W SixthPM. DlsT.ar{cES FROM SECTION LINES 24AO n. from South Section Line 250 Ft. from West Section Line UTM C OO R Q.INATES-(Meters'Zone: 1 3. NADB3) 1) 2) 7) e) XPAN sroN o F_u q E or_aN_ExlgtlNg-wElL-Easting Nodhing ISSUANCEoFTHISPERMITDoESNoTCoNFERAWATERRIGHT corJplTloNs oF APPROVAL This well shall be used in such a way as lo cause no material injury to existing watel rights The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude ,noth.t o*n., oia 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 granled by the State Board of Examiners of waler well construc{ion and Pump lnstallation contractors in accordance with Rule 18' Approved pursuant to CRS 37-90-137(2) for the construction of a well, approprialing ground water tributary to the Colorado River' on the condition that the well shail be operated only when the west Divide watei 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 ConseNancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation' WDWCD contract #0801 1 TcCP(a). Approvedasawell onatractof landof4.278acresdescribedasthatportionoftheNW1/4oftheSW1/4,Sec 12,Twp'6South'Rng'92 West,6th p.M., Garlield County, more parlicularly described on the aliached exhibitA. Further identified as 1912 County Road 311' New Castle, CO B'1647. Approved forthe inslallation of a pump in, and the use of, an existing well, constructed on an unknown date, to an unknown depth' and later registered for use of an existing well under permit no. 229536 lcanceled;. lssuance of this permit hereby cancels permit no' 229536' The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling' the irrigalion of not more than 3,000 square feet (0.07 of an acre) of home gardens and lawns, the watering of three (3) head domestic animals, drinking and sanitary facilities for a commercial business (truck storage/maintenance facility). Water from this well shall not be used for truck washing' concreteproductionorbatchplantoperations- All useoithiswell will becurlailedunlessthewaterallotrnentoontractoraplanfor augmentation is in effect, This well is known as Canberra Well. The pumping rate of this well shall not exceed 15 GPM. The average annual amount of ground water to be appropriaied shali not exceed 1.16 acreJoot (377,986 gallons)' The owner shall mark the welt in a conspicuous place with well permit numbe(s), name olthe aquifet, arrd coul'i case nunlbe(s) as appropriate. The owner shall take necessary means and precautions to preserue these m arkings This well shail 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. 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 weil owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Canceled permit no. 229536 was previously issued for ihis well 2 l'n 'lt--'- NOTE: Parcel ldentification Number (PlN): 23'2179-123'00-371 ( 7 /,',4 € /l^o.t.gNOTEI Assessor Tax Schedule Number: R023287 (totaling 4 278 acres) State Engineer ,L Jt )'" 7r-;A-'t'4, ( By 26 June 2008 Re: Canberra Concrete Special Use Permit 1912 County Road 311, New Castle, CO 81647 This is to certifu that the existing individual sewage disposal system (ISDS) on the above referenced property is adequate to accommodate the existing residential dwelling and proposed Contractors Yard operation pursuant to Garfield County requirements. Hiroko Akima P.O. Box 667 Tabernash, CO 80478-0667 303-594-6000 O.S fLL"( zc, Y o Garfield Cgyy\ I Application for Drivewav Permit Person Obtaining Permit: Canberua Concrete Pumping Application D ate : 3/2 6/2 008 County Road Number: 311 hereby requests permission and authonfy from the Board of County Commissioners to construct a driveway approach (es) on the right-of-way off of County Road. 311. 350ft West of Colorado River Rd, located on the North side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of Counfy Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: l. Frontage oflot along road. 2. Distance from centerline of road to properly line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach- 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion. General Provisions l) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose ofsecuring access to his properfy and not for the purpose ofdoing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). A1l work shall be completed within thirry (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all materials used shall be of satisfactory quality and subject to inspection and approval ofthe Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners and their duly appointed agents and employee shall be held harmless against any action for personal injury or property damage sustained by any reason of the exercise of the Permit. -. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of t the driveway approach (es) even though deposited on the dnveway(s) in the course of the County snow removal operations. District: Silt Permit Number: GRB08-D-38 Termin atio n D ate : 4/2 6/2 0 0 I Inspector: Jake Mall ir In the event it becomes necessary to remove any right-of-lvay fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining fence and allposts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 1) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the j urisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The inspection and sign off must be done prior to any CO from the Building and Planning Department being issued. l0) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 30ft 2. Culvert required? False Size: by 3. Asphalt or concrete pad required? True Size of pad: 30ft Wide x lOft long x 4in thick 4. Gravel portion required? True Length: 100ft 5. Trees, brush and/or fence need to be removed for visibility? True 6. Distance and Direction:l80ft west of existing southeast entrance 7. Certified Traffic Control Required? True 8. Work zone signs required? True ^ In signing this application and upon receiving authorization and permission to install the driveway approach (es) Jescribed herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions - and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved bv the Board of Countv Commissioners. Signed: Add rerephone N"^a"r, ?70 ^4/l-fy'il ul rScLuS-) Permit granted W., subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Carfield County, Colorado: Pump Representative of Garfield Counfy Road and Bridge Signature Specifications 1 . A driveway approach is understood to be that portion of the county road right-of way between the pavement edge and the property line that is designed and used for the interchange of traffic between the roadrvay and abutting property. 2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to preserve the normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial entrances a minimum of 100 feet be provided.) 3. All entrances and exits shall be so located and constructed that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely and without interfering with county road traffic. 4. The Applicant shall not be permitted to erect any sign or display material, either fixed or movable, on or extending over any portion of the county road right-of-way. 5. Generally, no more than one approach shall be allowed any parcel or properly the frontage of which is less than one hundred (100) feet. Additional entrances or exits for parcels having a frontage in excess ofone hundred 100) feet shall be permitted only after showing of actual convenience and necessity. 6. All driveways shall be so located that the flared portion adjacent to the traveled way will not encroach upon adjoining properly. ^ 7. No commercial driveway shall have a width greater than thirry (30) feet measured at nght angles to the centerline O of the dnveway except as increased by permissible radii. No noncommercial drivewuyihutt huu. u width greater than twenty (20) feet measured at right angles to the centerline of the driveway, except as increased by permissibll radii. 8. The axis of an approach to the road may be at a right angle to the centerline of the county road and of any angle between ninety (90) degrees and sixty (60) degrees but shallnot be less than sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other physical conditions. 9. The construction of parking or servicing areas on the county road right-of-way is specifically prohibited. Commercial establishments for customer vehicles should provide off-the-road parking facilities. 10. The grade of entrance and exit shall slope downward and away from the road surface at the same rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not more than ten percent (10%). 11. All driveways and approaches shall be so constructed that they shall not interfere with the drainage system of the street or county road. The Applicant will be required to provide, at his own expense, drainage structures at entrances and exits, which will become an integral part of the existing drainage system. The Board of County Commissioners or their representative, prior to installation, must approve the dimensions and types of all drainage structures. Note: This permit shall be made available at the site rvhere and rvhen work is being done. A work sketch or drawing of the proposed driveway(s) must accompany application. No permit will be issued rvithout drarving, blueprint, or sketch. On" contractor, fol"lows: BOARD OF COINflTY COMMISSIONERS OF GARFIELD COUNTY CERTIFICATION AND AFFTDAVIT REGARDTNG ILI.,EGAL ALIENS whose name and signature appears below, certifies and agrees as 1. The Contractor shal] comply with the provisions of C.R.S. 8-1,7.5-101 et seg. The Contractor shall not knowingly employ or contract with an i11ega1 alien to perform work for the Board of County Commissioners of Garfield CounLy, Colorado ( "BOCC" ) or enter into a contracts with a subcontractor that knowingly employs or contracts with an iJ-legal alien. 2- The Contractor represents, warrants, and agrees t.hat it has verified that it does not employ any i11ega1 aliens,. that it has participated or attempted to participate in the Basic Pilot Emplolrment Verification Program admini-stered by the Social Security Administration and Department of Homeland Security; and otherwise shal-l comply with the requirements of C.R.S. 8-17.5-1,02 (2) (b) . 3. The Contractor shall- comply with all reasonabl-e requests made in the course of an investigation under C.R.S. 8-17.5-1-02 by the Colorado Department of Labor and Employment. ff the ConEractor fails to comply with any requirement of this provision or C.R.S. 8-1-7.5-101 et seg., the BOCC may terminate work for breach and the Contractor shal-l- be liable for actual and consequential damages to the State. 4. If the ContracEor is a sole proprietor, the undersigned hereby swears or affirms under penalty of perjury under the Laws of the State of Co1orado that (check one) : O/, am a united states citizen, or I am a Permanent Resi-dent of the United states, or . am 1awfu1Iy present in the United States pursuant to Federal l-aw. I understand that this sworn statement is required by 1aw because I am a sole proprietor entering into a contract to perform work for the BOCC. f understand that state l-aw requires me to provide proof that I am lawfully present in the United States prior to starting work for the BOCC. I further acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et seg. and wil1 produce the reguired form of identification prior to starting work. I acknowledge that making a false, fictitious, or fraudul-ent sLatement or representation in this sworn affi.davit is punishable under the crimj-naf laws of Colorado as perjury in the second degree under C.R.S. 1B-B-503. cERrrFrED and AGREED to this & u^, "t 4aU1--, 2oo- ,/a4 -?n"./?d4 ame)FEIN or SociaI Security Number Permit Number: GRB 08-D-3 7 Title Exhibit A