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HomeMy WebLinkAbout1.0 ApplicationMRI WASTE TRANSFER/RECYCLING CENTER LIMITED IMPACT REVIEW For submittal to GARFIELD COUNTY BUILDING & PLANNING DEPARTMENT "MRI May 2012 Prepared by 6SGM I 18 WEST SIXTH STREET, SUITE 200 GLENWOOD SPRINGS, CO 81601 970.945.1 004 970.945.5948 FAX BALCOMB & GREEN LAWRENCE R. GREEN, ESQ. PO DRAWER 790 GLENWOOD SPRINGS, CO 81602 970.945.6546 MRI LIMITED IMPACT REVIEW For submittal to GARFIELD COUNTY BUILDING & PLANNING DEPARTMENT PREPARED BY DAVID M. KOTZ, P.E. SGM Project #2011-414.001 MRI 1.0 General Submittal Requirements A. MRI Limited Impact Review Application. See next page. 6 Limited Impact Review 1 MRI May 2012 GARFIELD COUNTY Building & Planning Department 108 8t Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 ■ LIMITED IMPACT REVIEW ❑ LIMITED IMPACT REVIEW [AMENDMENT] ❑ CUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amended] GENERAL INFORMATION (Please print legibly) > Name of Property Owner: IRMW 11, LLC • Mailing Address: 1058 County Road 100 Telephone: (970) 963-3295 • City: Carbondale State: CO Zip Code: 81623 Cell: ( ) D E-mail address: billrice@sopris.net and tim@balcombgreen.com Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): • Balcomb & Green, P.C., c/o Lawrence R. Green, Esq. ➢ Mailing Address: P.O. Drawer 790 Telephone: (970) 945-6546 > City: Glenwood Springs State: CO Zip Code: 81602 Cell: ( ) ➢ E-mail address: larry@balcombgreen.com FAX: (970) 945-6546 9 Requested Use from Table 3-501 or 3-502: Recycling Processing Facility, Solid Waste Transfer Facility D Street Address / General Location of Property: 1058 County Road 100, Carbondale, CO 81623 • Legal Description: See Attached 9 Assessor's Parcel Number: Unassigned at this date D Existing Use: Miscellaneous Industrial uses 9. Property Size (In acres) 35.3 Zone District: Industrial Lest Revised 6126!2011 6 Limited Impact Review May 2012 I. GENERAL SUBMITTAL REQUIREMENTS [The following general application materials are required for all Limited Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Community Facility, Parking Lot, Library, etc,) are detailed in Sections 3-301 of Article 111 and Article VII of the Unified Land Use Resolution (ULUR) of 2008.) A. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles 111 and VII of the Unified Land Use Resolution of 2008. C. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorders records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). E. Vicinity map: An 8 'A x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"--2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. F. A copy of the Pre -Application Conference form from the original Pre -Application Conference. G. Submit 3 hard -copies and one digital copy of all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. All digital documents shall be in .pdf form and should be separated Into sections identical to the hard -copy. 6 Limited Impact Review May 2012 II. Limited Impact Review Process The following section outlines and describes the Limited Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles 111 and VII in the regulations themselves for a higher level of detail. (The following process is required for applications for land use changes that are subject to Limited Impact Review as defined in Table 3-501 or 3-502 in Article 111.] A. Outline of Process. The Limited Impact Review process shall consist of the following procedures: 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Land Suitability Analysis (4-502(D)) 4. Impact Analysis (4-502(E)) III. Limited Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Limited Impact Review permit shall require application to the Director for Amendment of a Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Limited Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Limited Impact Review shall consist of the following procedures. 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) 3 6 Limited Impact Review May 2012 B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review Amendment application and are more fully defined In Section 4-502 of Artici IV of the ULUR, The Director may waive or alter any of these requirements If they are determined to be Inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result In a substantial change defined here: Non -substantial Change. A non substantial amendment may be made to an approved Land Use Change Permit if it meets all of the following criteria as determined by the Director. (1) Is consistent with action(s) taken during previous Land Use Change Permit approval; (2) Does not change the use category of the proposed development between residential, commercial and industrial uses; (3) Does not change the basic character of the approved use of land on which the activity occurs, Including basic visual appearance and method of operation; (4) Does not constitute a new land development activity; (5) Does not violate any Land Use Code standard; (6) Does not substantially Increase off-site Impacts (Including but not limited to increased traffic, water use, wastewater generation, etc.) In the surrounding neighborhood; (7) Does not substantially Increase the need for on-site parking or utilities; (8) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent; and (9) Does not endanger the public health, safety or welfare. (Resolution 2010-30) Substantial Change. A substantial change Is any amendment that does not meet the definition of a non -substantial change amendment above, Is otherwise determined by the Director to be a significant departure from the original development application or permit, or If the request is to change a specific condition of approval required by the Board of County Commissioners (Resolution 2010-30). 1 have read the statements above and have provided the required attached Information which correct and accurate to the best of my knowledge. // 1 % r L l (Signature of Property Owner) Date 4 6 Limited Impact Review 5 MRI May 2012 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT r .; FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the 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 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 combined 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. Actual 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 with 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 include a Payment Agreement 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 following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. 6 Limited Impact Review May 2012 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $3001$300 Major Exemption 1 Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $4001$300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review 1 Amendment $400 / $300 Major Impact Review 1 Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 interpretation $250 Takings Determination NO FEE 1041: Areas & Activities of State Interest 8400 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 ■ Planning Technician $33.75 ■ Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1s1 page $10 each additional page Page 2 6 Limited Impact Review May 2012 The following guidelines shall be used for the administration of the fee structure set forth above: 1. Alk applications shall be submitted with a signed Agreement for Payment form set forth below. 2. 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 subdivision plan. All additional costs shall be 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 determines 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. AH 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 pianning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 6 Limited Impact Review 8 May 2012 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and IRMW II. LLQ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Limited Impact Review for Recvcllna Processing Faclilty and Solid Waste Transfer Facility (hereinafter, THE PROJECT). 2. OWNER 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 applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, 11 is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payrnent of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER 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 detemilned necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. Thomas S. Joiner Print Name Mailing Address: 1800 Medicine Bow Court Silt, CQ 81652 E -Mail Address: tarry©balcombgreen.com Phone Numb = • 945-6546 Page 4 ,c11//7- 6 Limited Impact Review 9 May 2012 EXHIBIT A LEGAL DESCRIPTION IRMW PARCEL Il - A PARCEL OF LAND SITUATED 1N LOTS 12. 14 & 15 OF SECTION 35. TOWNSHIP 7 SOUTH. RANGE WEST OF THE 6111 PRINCIPAL MERIDIAN, LOTS 15 & 24 OF SECTION 36. TOWNSHIP 7 SOUTH. RANGE WEST OF THE 6111 PRINCIPAL MERIDIAN. LOT 4 OF SECTION 1, TOWSHIP 8 SOUTH, RANGE 88 WEST OF THE 6711 PRINCIPAL MERIDIAN AND LOTS 1 & 2 OF SECTION 2, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. GARFIELD COUNTY, COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF GOVERNMENT LOT 4. SECTION 1, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN; MONUMENTED BY A 46 REBAR AND 2" ALUMINUM CAP L.S. 028843 PROPERLY MARKED AND FOUND IN PLACE; THENCE SOUTH 02 DEGREES 14 MINUTES 44 SECONDS EAST ALONG THE EASTERLY BOUNDARY OF SAID GOVERNMENT LOT 4. A DISTANCE OF 86.29 FEET TO A POINT BEING THE NORTHEASTERLY BOUNDARY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 967 AT PAGE 777 OF THE GARFIELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT PAGE 777 THE FOLLOWING THREE (3) COURSES: 1) SOUTH 89 DEGREES 36 MINUTES 52 SECONDS WEST. A DISTANCE OF 525.68 FFEI; 2) SOUTH 80 DEGREES 18 MINUTES 00 SECONDS WEST, A DISTANCE OF 1.201.68 FEET; 3) NORTH 88 DEGREES 27 MINUTES 01 SECONDS WEST. A DISTANCE OF 360.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT PAGE 777 THENCE NORTH 38 DEGREES 15 MINUTES 00 SECONDS EAST, A DISTANCE OF 830.00 FEET; THENCE NORTH 86 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 444.00 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 83 DEGREES 30 MINUTES 00 SECONDS WEST. A DISTANCE OF 130.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 00 SECONDS WEST. A DISTANCE OF 100.00 FEET; THENCE NORTH 72 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 15 DEGREES 15 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 70 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 75.00 FEET; THENCE NORTH 77 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 190.00 FEET; THENCE NORTH 44 DEGREES 55 MINUTES 59 SECONDS WEST, A DISTANCE OF 54.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE RAILROAD -ASPEN BRANCH AS DEFINED ON THE CARBONDALE SEGMENT RAILROAD RIGHT-OF-WAY SURVEY PERFORMED BY FARNSWORTH GROUP FOR THE ROARING FORK TRANSIT AUTHORITY; THENCE ALONG SAID SOUTHERLY RIGHT -OF WAY SOUTH 87 DEGREES 34 MINUTES 42 SECONDS EAST, A DISTANCE OF 675.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF A PORTION OF THE J. W. CAMPBELL & M.D. CAMPBELL CLAIMS (INCLUDING LOTS 12 & 13 OF SECTION 35, AND LOT 15 OF SECTION 36. TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE 6111 PRINCIPAL MERIDIAN) ALSO BEING A POINT ON THE NORTHERLY BOUNDARY OF GOVERNMENT LOT 14, SECTION 35. TOWNSHIP 7 SOUTH. RANGE 88 WEST OF THE 6111 PRINCIPAL MERIDIAN MONUMENTED BY A FOUND 06 REBAR AND 3 1/4 INCH ALUMINUM (R.F.T.A. RIGHT-OF-WAY) CAP L.S. 016401; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID CLAIM LINES NORTH 89 DEGREE 17 MINUTES 55 SECONDS EAST. A DISTANCE OF 1,637.67 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY MONI TMTMENTED BY A FOUND *6 REBAR AND 3 1/4 INCH ALUMINUM (R.F.T.A. RIGHT-OF-WAY) CAP L.S. 6 Limited Impact Review May 2012 1XBIRIT A, cont'd. LEGAL. DESCRIPTION 016401: THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID CLAIM LINES NORTH 88 DEGREES 52 MINUTES 34 SECONDS EAST. ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 40.48 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 OF THE GARFIELD COUNTY RECORDS: THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 A DISTANCE OF 299.23 FEET: THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 SOUTH 52 DEGREES 22 MINUTES 35 SECONDS EAST. A DISTANCE OF 713.38 FEET TIT A POINT BEING ON THE NORTHERLY BOUNDARY OF GOVERNMENT LOT 4. SECTION 1. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN: THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL 0 LAND DESCRIBED IN BOOK 913 AT PAGE 635 AND THE NORTHERLY BOUNDARY OF SAID GOVERNMENT LOT 4. SOUTH 89 DEGREES 31 MINUTES 59 SECONDS EAST. A DISTANCE OF 38.08 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID GOVERNMENT LOT 4. THE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED BY: SOPRIS ENGINEERING, LLC CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE, CO 81623 970-704-0311 6 Limited Impact Review May 2012 141111111MirICOU 11 IU Roccaptional: 819163 05!25!21112 02,20,2E4 Ph Jean Albmrlco 1 eI I Rao .00 Doe F.4-0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY ]. This Statement of Authority relates to an entity named IRMW II. LLC. 2. The type of entity is a LIMITED LIABILITY COMPANY. 3. The entity is formed under the laws of the STATE OF COLORADO. 4, The mailing address for the entity is 1058 County Road 100, Carbondale, CO 81623. eatED COPY 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to leaf property on behalf of'W W II, LLC is: William Rice, Managing Member. 6. The authority of the foregoing person to bind 1RMW II. LLC is unlimited. 7. This Statement of Authority i5 executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S.. Executed this . - day of May, 2012. STATE OF COLORADO ss. COUNTY OF OARFIELD LRM W 11, LLC By William Rice, Managing Member The above and foregoing instalment was acknowledged before me thin day of May, 2012, by William Rice as Managing Member of TRMW 11, LLC, a Colorado Limited Liability Company. Witness my hand and sea]. My commission expires - Notary Public 6 Limited Impact Review SALLY GEIGEIE'fGGNEUR NOTARY Pi tl3LIC STATE Or ':r1.0RAD0 A!y Catrlrtiselon Einiret 08101!2013 May 2012 IRMW 11, LLC 1058 County Road 100 Carbondale, Colorado 81623 Ph: (970) 963-3295 May 23, 2012 Garfield County Building and Planning Department 108 8`" Street, Suite 201 Glenwood Springs, CO 81601 Re: Limited Impact Review 4ppikwtion for Recycling Practising Facility and Solid Wane Transfer Facility on Property Located at 1058 County Road 100, Carbondale, Colorado Dear Madam or Sir: This letter certifies as follows: 1. IRMW 11, LLC, a Colorado limited liability company, is the owner of the property located at 1058 County Road 100, Carbondale, CO 81623, which is more particularly described on the legal description attached hereto as Exhibit A; 2. That in accordance with the Statement of Authority attached hereto as Exhihit B, I have the authority to sign documents and act on behalf of IRMW 11, LLC; 3. That IRMW U, LLC hereby grants authority to Mountain Roll -Offs, Inc., a Colorado corporation, and to its appointed agent, Lawrence R_ Green of Balcomb & Green, P.C., Glenwood Springs, Colorado, to file an application for Limited Impact Review for approval of a Recycling Processing Facility and Solid Waste Transfer Facility upon the subject property. Furthermore, Mountain Roll -Offs, Inc. and its designated agent are hereby granted the authority to prosecute said application through the Garfield County land use process and to submit any further documents or information as may be necessary to bring such application to a decision. Very truly yours, IRMW LLC By: William W. Rice, Manager 6 Limited Impact Review 13 MRI May 2012 STATEMENT OF AUTHORITY (C.R.S. §38-30-172) 1. This Statement of Authority relates to an entity named MOUNTAIN ROLL -OFFS, INC. 2. The type of entity is a CORPORATION. 3. The entity is formed under the laws of the STATE OF COLORADO. 4. The mailing address for the entity is 1800 Medicine Bow Court, Silt, Colorado 81652. 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of MOUNTAIN ROLL -OFFS, INC. is: Thomas S. Joiner, President 6. The authority of the foregoing person, to bind MOUNTAIN ROLL -OFFS, INC. is unlimited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of C.R.S. §38-30-172. Executed this day of May, 2012. MOUNTAIN ROL .-OFFS, INC., a Coloradi • sore n By: STATE OF COLORADO ss. COUNTY OF GARFIELD ) S. Joiner, President The above and foregoing instrument was acknowledged before me this 2 7 rfi day of May, 2012, by Thomas S. Joiner as President of MOUNTAIN ROLL -OFFS, INC., a Colorado corporation. Witness my hand and seal. My commission expires: 6 Limited Impact Review J;;",a7,, BRITT J. CHOATE NOTARY PUB1JC STATE OF COLORADO %y Commission Eirzilras 07 'r 112013 May 2012 MRI Mountain Roll -offs, Inc. T01 F... re: r': 945-2792 FAX 470-463-4285 May 23, 2012 Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 8160] Re: Application for Recycling Processing Facility and Solid Waste Transfer Facility on Property Located at 1058 County Road 100, Carbondale, Colorado Dear Madarn or Sir. The undersigned, Thomas S. Joiner, President of Mountain Roll -Offs, Inc., a Colorado corporation, being authori2ed to sign documents and otherwise act on behalf of Mountain Roll -Offs, Inc., hereby grants authority to Lawrence R. Green of Balcomb & Green, P.C., Glenwood Springs, Colorado, to file and prosecute to completion an Application for Limited Impact Review for approval of a Recycling Processing Facility and Solid Waste Transfer Facility upon the property owned by IRMW II, LLC, located at 1058 County Road 100, Carbondale, Colorado 81623. Very truly yours, Mountain Roll By: . Joiner, President 6 Limited Impact Review 15 MRI May 2012 B. Narrative (Statement of Purpose). By this Application, MOUNTAIN ROLL -OFFS, INC., ("MRI") on behalf of itself and on behalf of IRMW II, LLC, the owner of the subject property, seeks limited impact review approval to construct and operate a Solid Waste Transfer Facility and a Recycling Processing Facility. MRI is the only full-service, locally owned and operated, waste hauler and recycler headquartered in Garfield County. MRI currently has three operation centers located in Carbondale, Silt and Gypsum, and its central offices are already located at the subject property. MRI started doing business in 2005 and has grown significantly since that time. MRI currently has 54 employees providing waste removal and recycling services to nearly 10,000 homes and businesses from DeBeque to Vail and Glenwood Springs to Aspen. Development of the Waste Transfer Facility and Recycling Facility proposed in this Application is an integral part of MRI's continuing effort to provide efficient, economic and environmentally sensitive waste collection and disposal services. The site proposed by MRI for these facilities (the "Subject Property") is an approximately 35.3 acre parcel that has been severed from a larger, parenting tract that consisted of approximately 95.3 acres. The entirety of the parenting parcel is zoned "Industrial" and has in the past and is presently being used for a variety of industrial purposes. Historically, the Subject Property was the site of the Mid - Continent Coal load -out facility, and, as such, the primary existing improvement located on the Subject Property is an approximately 44,000 square -foot building referred to as the "Main Load -Out Building." All of the proposed waste transfer and recycling processing activities will occur within the Main Load -Out Building. The Subject Property is also currently improved with an office building and other miscellaneous storage buildings which are currently used by the owner of the property and a number of tenants, including MRI, for a variety of commercial and industrial type purposes. The Solid Waste Transfer Facility proposed by MRI will be a facility where trash collection trucks discharge their loads so that the trash collected from individual homes and businesses, known as "Municipal Solid Waste" can be processed, compacted and loaded onto larger vehicles for more efficient delivery to a landfill. Workers may screen the incoming Municipal Solid Waste to remove any items (e.g. tires, large appliances, automobile batteries) that are not appropriate for disposal in the landfill. Large roll -off trash containers from construction sites will also be delivered to MRI's proposed Facility. Recyclable materials will be sorted from the construction trash, accumulated and prepared for delivery to market. The remaining construction trash will then be consolidated and delivered to its ultimate place of disposal on larger vehicles. MRI's existing collection services already include curbside pickup of pre-sorted recyclable materials in a separately containerized recycle truck. Upon approval of the Recycling Facility, instead of being delivered to the Pitkin County landfill in collection trucks for subsequent re -delivery to the Eagle County landfill as is now the case, the recyclable materials that MRI picks up at the curb side will be delivered 6 Limited Impact Review 16 MRI May 2012 directly to the Recycling Facility, where they will be processed, packaged and prepared for delivery to the end user of each particular type of recyclable material. The Recycling Facility will also provide MRI with a future opportunity to allow for public drop-off of recyclable materials. All of the above-described transfer and processing of waste and recyclable materials will take place inside the Main Load -Out Building now existing on the Subject Property on a concrete operations floor that will be installed inside the building. Drains will be installed in the concrete operations floor which will lead to closed containment tanks that will collect any water or other liquids that may be present. The containment tanks will be regularly pumped out and the collected liquids will be disposed of at an approved landfill. All Municipal Solid Waste that is delivered to the facility by collection trucks will be processed and trucked away to a landfill the same day or within 24 hours of its arrival. The operations floor will be free of debris and cleaned at the end of each work day. No storage of Municipal Solid Waste will occur at the Facility. Some storage of recyclable materials will occur at the Facility, but any such storage will be in covered, enclosed containers, and will only be for short periods of time to allow for the accumulation of a sufficient quantity of recyclable material to be economically delivered to market. The existing, Industrial -zoned site is the most appropriate site in Garfield County for this facility. Prior development has produced a current layout that requires minimal site grading and disturbance. As demonstrated by the various engineering and consultant reports contained in the Application, MRI has designed and will operate its proposed Waste Transfer Facility and Recycling Processing Facility in a manner that satisfies all of the applicable standards contained in the Garfield County Land Use Resolution and that mitigates all potential impacts of the proposed Facilities. Beyond mitigation of potential impacts, MRI's proposed Waste Transfer and Recycling Facilities will result in significant community benefits: • Reduction of overall truck traffic (trips and total mileage) within the Roaring Fork Valley by consolidation of the smaller loads of collection vehicles into larger transportation vehicles at a centralized facility. • Reduction in air pollution, fuel consumption and road wear that will result from the reduced truck traffic. • Increased efficiencies in recycling, including increasing the amount of recyclables delivered directly to market and the reduction of recyclable materials going into local landfills. • The creation, at the outset, of at least 10 full-time jobs in Garfield County. C. Deed(s). See next page. Limited Impact Review 1 7 MRI May 2012 •VIII rj h LJ,dncomm(i a III Reception#: 819186 05f25/2012 02 20-28 PSI Jean ploerloo 1 of 9 Rao Fee -S61 00 Doe Fee:O 00 GARFIELD COUNTY CO WARRANTY DEED 1'O\ Ill CORDI\t;,'1AR kJ 1 rmrnhy A. Thuhun, liJlcnntb & t)rctlt, P.C' P. O. Drawer 790 Glenwood Springs, CO 81602 CONFORMED COPY THIS DEED, made this :C'f' day of i'.' if , 2012, between IRMW, LLC, a Colorado Limited Liability Company, whose legal address is 10 County Road 100, Carbondale, Colorado 81623, and IRMW 11, LLC, a Colorado Limited Liability Company, whose legal address is 1058 County Road 100, Carbondale, CO 81623, (Grantee): WITNESSETH, that the Grantor for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Garfield and State of Colorado described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF Also known as: 1058 Catherine Store Road, Carbondale, CO 81623 Together with: a. a non-exclusive easement for ingress and egress beginning on the southerly boundary of Grantor's property and its intersection with the County Road 100 right-of-way and extending south east over and across the property of Grantor to the western boundary of the property of Grantee, which non-exclusive easement is identified as the "ACCESS EASEMENT ACROSS IRMW PARCEL I FOR THE BENEFIT OF IRMW I1 PARCEL II" which is more particularly described upon the Exhibit Map entitled IRMW LLC ACCESS EASEMENTS, attached hereto as Exhibit A-1 and incorporated herein by this reference; and b. a non-exclusive easement for the purpose of the installation, maintenance, repair and replacement of four 20,000 gallon water tanks, feed lines and appurtenant equipment on the properly of the Grantor beginning on the southerly boundary Grantor's property and extending south east west over and across the property of Grantor to the location of the water tanks, which non-exclusive easement is identified as the "Water Tanks Access Easement" and is more particularly described upon the FIRE TANK STORAGE PLAN, attached hereto as Exhibit A-2 and incorporated herein by this reference. Reserving unto Grantor: a. a non-exclusive easement for ingress and egress beginning an the western boundary of Grantee's property and extending south east over and across the property of Grantee, which non-exclusive easement is identified as the "30,0' WIDE ACCESS EASEMENT ACROSS IRMW PARCEL 11 FOR THE BENEFIT OF IRMW PARCEL 1 and is more particularly described within the Exhibit Map entitled IRMW LLC ACCESS EASEMENTS, attached hereto as Exhibit A -I; and t t;rrrufuv LJ'ed forge f 6 Limited Impact Review May 2012 b. a non-exclusive easement installation, maintenance, repair and replacement of power and telephone lines on the property of Grantee beginning on the southwest portion of Grantee and extending south over and across the property of Grantee, which non-exclusive easement is identified as the "IRMW TELEPHONE/ELECTRICAL EASEMENT" and is more particularly described. within the Exhibit Map entitled, IRMW LLC ACCESS EASEMENT, attached hereto as Exhibit A-1 and incorporated herein by this reference. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND To HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to real property taxes for the year 2012 due and payable in 2013, the exceptions identified on Exhibit B attached hereto and made a part hereof, and all leases existing and in place. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF GARFIELD ) ss. IRMW, LLC A Colorado Limited Liability Company By i J , .LI. William Rice Managing Member The foregoing instrument was acknowledged before me this day of 1 -, , 2012, by William Rice as Managing Member of IRMW II, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: SALLY GEIS VAGN'EUR NOTARY PUBLIC STATE OF COLORADO My Commis/goo Expires 05/01/2013 6 Limited Impact Review Notary Public May 2012 EXHIBIT A LEGAL DESCRIPTION IRMW PARCEL I1 - A PARCEL OF LAND SITUATED IN LOTS 12, 14 & 15 OF SECTION 35. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, LOTS 15 & 24 OF SECTION 36, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. LOT 4 OF SECTION 1, TOWSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN AND LOTS 1 & 2 OF SECTION 2. TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN. GARFIELD COUNTY, COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST BOUNDARY CORNER OF GOVERNMENT LOT 4, SECTION 1. TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN; MONUMENTED BY A 06 REBAR AND 2" ALUMINUM CAP L.S. 028643 PROPERLY MARKED AND FOUND IN PLACE; THENCE SOUTH 02 DEGREES 14 MINUTES 44 SECONDS EAST ALONG THE EASTERLY BOUNDARY OF SMO GOVERNMENT LOT 4, A DISTANCE OF 86.29 FEET TO A POINT BEING THE NORTHEASTERLY BOUNDARY CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 967 AT PAGE 777 OF THE GARFIELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT PAGE 777 THE FOLLOWING THREE (3) COURSES: I) SOUTH 89 DEGREES 36 MINUTES 52 SECONDS WEST. A DISTANCE OF 525.68 FEET; 2) SOUTH 80 DEGREES 18 MINUTES 00 SECONDS WEST. A DISTANCE OF L201.66 FEET; 3) NORTH 88 DEGREES 27 MINUTES 01 SECONDS WEST, A DISTANCE OF 360.00 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY OF SAID PARCEL OF LAND RECORDED IN BOOK 967 AT PAGE 777 THENCE NORTH 38 DEGREES 15 MINUTES 00 SECONDS EAST. A DISTANCE OF 830.00 FEET: THENCE NORTH 86 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 444.00 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 50.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST• A DISTANCE OF 150.00 FEET; THENCE NORTH 83 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 78 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 100.00 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 00 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 72 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 125.00 FEET; THENCE NORTH 15 DEGREES 15 MINUTES 00 SECONDS EAST, A DISTANCE OF 75.00 FEET: THENCE NORTH 70 DEGREES 00 MINUTES 00 SECONDS WEST. A DISTANCE OF 75.00 FEET; THENCE NORTH 77 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 190.00 FEET: THENCE NORTH 44 DEGREES 55 MINUTES 59 SECONDS WEST. A DISTANCE OF 54.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE DENVER & RIO GRANDE RAILROAD -ASPEN BRANCH AS DEFINED ON THE CARBONDALE SEGMENT RAILROAD RIGHT-OF-WAY SURVEY PERFORMED BY FARNSWORTH GROUP FOR THE ROARING FORK TRANSIT AUTHORITY: THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 87 DEGREES 34 MINUTES 42 SECONDS EAST. A DISTANCE OF 675.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF A PORTION OF THE J.W. CAMPBELL & M.D. CAMPBELL CLAIMS (INCLUDING LOTS 12 & 13 OF SECTION 35. AND LOT 15 OF SECTION 36. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN) ALSO BEING A POINT ON THE NORTHERLY BOUNDARY OF GOVERNMENT LOT 14. SECTION 35. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN MONUMENTED BY A FOUND 06 REBAR AND 3 1/4 INCH ALUMINUM (R.F.T.A. RIGHT•OF-WAY) CAP L.S. 016401; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID CLAIM LINES NORTH 89 DEGREES 17 MINUTES 55 SECONDS EAST, A DISTANCE OF 1.637.67 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY MONUMENTED BY A FOUND 16 REBAR AND 3 114 INCH ALUMINUM (R.F.T,A. RIGHT -OF WAY) CAP L.S. 6 Limited Impact Review May 2012 EXHIBIT A, cont'd. LEGAL DESCRIPTION 816401: THENCE LEAVING THE SOUTHERLY BOUNDARY OF SAID CLAIM LINES NORTH 88 DEGREES 52 MINUTES 34 SECONDS EAST. ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 40.48 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 OF THE GARFIELD COUNTY RECORDS; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST. ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 A DISTANCE OF 299.23 FEET; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 SOUTH 52 DEGREES 22 MINUTES 35 SECONDS EAST, A DISTANCE OF 713.38 FEET TO A POINT BEING ON THE NORTHERLY BOUNDARY OF GOVERNMENT LOT 4, SECTION I, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF LAND DESCRIBED IN BOOK 913 AT PAGE 635 AND THE NORTHERLY BOUNDARY OF SAID GOVERNMENT LOT 4. SOUTH 89 DEGREES 31 MINUTES 59 SECONDS EAST. A DISTANCE OF 38.08 FEET TO THE NORTHEAST BOUNDARY CORNER OF SAID GOVERNMENT LOT 4, THE POINT OF BEGINNING. LEGAL DESCRIPTION PREPARED BY: SOPRIS ENGINEERING. LLC CIVIL CONSULTANTS 502 MAIN STREET. SUITE A3 CARBONDALE. CO 81623 970-704-0311 6 Limited Impact Review Me!A3H{ pedw pel!wri N FV EXHIBIT A-1 T 15 ION 35 REBAR & C CAP (TYP I 1548.97' L11 10 IRMW Telop6cndFLaridl Emma f).F,^ ur IRMW LLC ACCESS EASEMENTS IRMW TOTAL PARCEL AREA 4,152,705 sq. ft. 95.333 acres CENTERLINE RAIL ROAD RIGHT of WAY 2223.97 ACCESS EASEMENT ACROSS IRMW PARCEL F OR THE BENEFIT OF RMW PRACFI 11 :46,24„ 12-5q, w •-ty S 675 00' E A pHs :' a+: f •cele:.- ra--1::- a -5 8 :- N Sr: o,. 3S fC6t & 4 M 1c..:E -'5-_' as -.FL BF Wast tt fits 6th i•.`4411 Maw OA- .ct ' D. ita,p- : _>e . 1 : al Seeflar 2. TaM"tnrt B Sour Range Hf EL el: of et• E. r:.pal Mers'Ian, PM- 1 FIF - FOUND 06REEL/Mk & 2' ALUMINUM R.F.T.A-R O. W CAP LS.164011T'PI FOUND 66 REBAR & 2" ALUMINUM R.F.T A.R O.W CAP L 5. 16401 LTYP !F4 •1... .• , N 08'52 34 40 48' 1;14 11. 3. 05 REBAR & 1 j." PLASTIC CAP LOT 14 L.5.028643 (TYP SECTION 35 TOWNSHIP 7 SOUTH RANGE 88 WEST BASIS OF BEARING N 89'32'08" W TOWNSHIP 8 SOUTH'RANGE 88 WEST FOUND 45 REBAR & ,I'' PLASTIC CAP 5 *78643ITVP) r.� 838.34' N 9 17'45 ;+ 1637 67 Cl 300' W 06 ACCESS_ 2 EASEMENT ACROSS IRMW PARCEL f FOR THE BENEFIT OF RMW PRACEL f h B6._W'QQ'•p �i. It i6 �.��. • •1- 444 00 W • fn ua m m 00 5 Vt fn FOUND 05 REBAR & 1 i` PLASTIC CAP L S. 15710 O Q 0 SET 05 REB, 2"ALUMIN 1,5 28643 LOT 24 FOUND #6 REBAR a SECTION 36 3I ALUMINUM CAP IRMW PARCEL II � 21rc. L.5 28643 f. MONUMENT RECORD 1,538,266 sq. ft. TO BE FILED 35.314 acres FOUND 05 REBAR & PLASTIC CAP L.5 18598 SECTION 35 SECTION 36 N 88`27'01' W ---- ? 198 i -i BOOK 967 SET 05 REBAR & Petr 777 - 2' ALUMINUM CAA -66 ,F SECTION 2 SECTION 1 rn m -4-4 00 FOUND ■S REBAR & 1 i PLASTIC CAP 5 -9'36 52 LA 028643 (TYP,j �-- i 525 68 '-F BOOK 967 PAGE 77 MRI May 2012 flEINCElifoa '3T "0.61121/410113 SrldOS etwoo, • minwoo....* Mrki3SYSILS1M013K4 0001101/1171104111010 371./MQI • 1 4,1 tit4 111): It !i! 4111•11111 I r 1 ri i,11111! If it.11:11 \‘'1 \ 'V. 44 , .11 ?. 11 . , ,"' . I ) ,T,...‘„f 1 ' (.1 . )F. 0•1 I N8 41 6 Limited Impact Review 23 May 2012 EXHIBIT B EXCEPTIONS 1. Any facts. rights, interests, or claims thereof. not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements. liens or encumbrances. or claims thereof. not shown by the Public Records. Any encroachment. encumbrance. violation. variation. or adverse circumstance affecting the Title That would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien. or right to a lien, for services. labor or material heretofore or hereafter furnished. imposed by law and not shown by the Public Records. Defects, hens. encumbrances, adverse claims or other matters, if any. created. first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. (a) Unpatented mining claims: (b) reservations or exceptions m patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water. whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 21. 1892, IN BOOK 12 AT PAGE 177. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01. 1899, IN BOOK 12 AT PAGE 510 AND AT PAGE 511.. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 01, 1899. IN BOOK 12 AT PAGE 510 AND AT PAGE 511. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 28. 1943, IN BOOK 201 AT PAGE 593. 6 Limited Impact Review MRI May 2012 EXHIBIT B, cont'd. 22. TERMS. CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN PARTIAL ASSIGNMENT RECORDED AUGUST 24, 1994 IN BOOK 913 AT PAGE 631 23. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED AUGUST 31, 2001 IN BOOK 1282 AT PAGE 477. 24. TERMS. CONDITIONS AND PROVISIONS QF RIGHT OF WAY EASEMENT RECORDED MAY 21. 2001 IN BOOK 1254 AT PAGE 368. 25. TERMS. CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30. 2003 AT RECEPTION NO. 639703. 26. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30. 2003 AT RECEPTION NO. 639704. 27. TERMS, CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSE RECORDED OCTOBER 30. 2003 AT RECEPTION NO. 639705. 28. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET. 29. MORTgAOE DEED RECORDED OCTOBER 30, 2003 AT RECEPTION NO. 639706, AS MODIFIED BY INSTRUMENT RECORDED AT RECEPTION NO. ON MAY , 2012. 3U. MORTGAGE DEED RECORDED MAY , 2012 AT RECEPTION NO. 6 Limited Impact Review May 2012 EXHIBIT B, cont'd. 12. EXCEPTING AND RESERVING TO THE UNITED STATES ALL THE COAL AND OTHER MINERALS TOGETHER WITH THE RIGHT TO PROSPECT FOR. MINE AND REMOVE THE SAME AS SET FORTH IN PATENT RECORDED JUNE 28. 1943, IN BOOK 201 AT PAGE 593. 13. EASEMENTS. RIGHTS OF WAY AND COVENANTS AS SET FORTH IN WARRANTY DEED RECORDED JUNE 23. 1954, IN BOOK 277 AT PAGE 175 AND IN WARRANTY DEED RECORDED MAY 13. 1960 IN BOOK 326 AT PAGE 30. 14. EASEMENT FOR JOINT ROADWAY PURPOSES AS RESERVED IN WARRANTY DEED RECORDED APRIL 24, 1967 IN BOOK 383 AT PAGE 558. 15. UTILITY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED JULY 18. 1968. IN BOOK 395 AT PAGE 501. 16. UTILITY EASEMENT AS GRANTED TO COLORADO -UTE ELECTRIC ASSOCIATION. INC. IN INSTRUMENT RECORDED JUNE 23, 1980, IN BOOK 550 AT PAGE 454. 17. UTILITY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED JULY 19, 1982, IN BOOK 604 AT PAGE 88. 18. TERMS. CONDITIONS AND PROVISIONS OF PRIVATE WAY LICENSES RECORDED AUGUST 19, 1982 IN BOOK 606 AT PAGES 730 AND 734 19. UTILITY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELPEHONE AND TELEGRAPH COMPANY IN INSTRUMENT RECORDED FEBRUARY 25, 1983, IN BOOK 620 AT PAGE 994. 20. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MAY 10. 1984, IN BOOK 649 AT PAGE 520. 21. TERMS. CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED MAY 21. 1997 IN BOOK 1019 AT PAGE 300, AMENDED JANUARY 21, 1998 IN BOOK 1050 AT PAGE 712 AND JULY 30. 2004 UNDER RECEPTION NO. 657001 6 Limited Impact Review Me!A3H{ pedw pel!wri ASSESSOR MAP-IRMW II -PROPOSED MRI TRANSFER STATION N Yin V• Y HARRIS REVOCABLE TRUST UN R AGREEMEN LA BOURN, ROv BAIL HOLEY FAMILY rrE', HENRY HARRIS REVOCAB: YF.flI. NA... ---.ENT COLL CO. LLLP9ALEY FAMILY NVESTME T COMPANY DER TRUAGREEMEKT DATED 111 WS DEANE. DOANE n IGH C TRY ST PLMITED PONCELET. B 4-1 •MONY M •li.•a1>se'TL- : MARYA i • G 1" KAREN K 8 KELLY W 8 NIESLAN Ka KELLY FORD, ,OED PI$LA PAIR CONDON, KA ERNEL 7, CLAY NIESLA8l• PAUL R a GEL W R gar DSO. LL•M J8 UNITED: ATES OF •RICA 0. NIESL CH NNEDY, .. ICHAEL KASS 0 RANCH A ROAR '1 I Aif4Y\•PA7RICIAI BRI�1 r'n�'; 411 rK1P+T.14,4" �t`{.�'"+r,'!!.i y: k10 ?' 'T OWNERS ASSOC L. . MA/ A RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION NC ' K = Y. GEORG F1-& Roaring Fork Riwr_� Y S, TRUSTEES FOR C&C REVOCAE E TRD&IDATED 11/13.:+ )R TRU YTLY _o . RAJCH HOMEOWNERS `•.: .T ". 17 .•NAT K TO -. TI MOT Y F - SLB TR ST rg,,,,, _ •,_� teSB ■�Ii1 A ��`� ' �yy�w 1S, CFR K o 8L'Ev A:'ME MULTI a-VDAFAMLY T N R JUVI 4 TRUST on a .. SOPHIE 2 PLY I r •- AL PROP+- Y MO- AGE .` . NT S %� HU AJ4• M.. VIS;•+R JB'-:ANCESM F s riRL SAS - BETH o r JJ a JJLIER NNA 0 E -r M D LE' CARL YN M 8 CO OF CAR . A 8 AEELAR.,, CLURE GARY ASSOC AUE- ARTHAG ti IAL SE DEN ION MITI Y V., NC SNC S 0 RE -1 FROTECTION DISTRICT IFER FORK SCHOOL DISTRICT RE -1 DEVELOPMENT, L. RT HEREOF' ARLAN SFFR VICE COMPANY OF `,COLORADO IRMW II -Property Proposed MRI Transfer Station r8c,4e$A•,r =a WALTER ST White Hill Rd A „_1 IN J8 JERKIN8 LEY PAM CY 1"..E MENT COMPANY LLLP 1KIM,+¢SI-mews. NJSgLAFlr C. RMYV, LLC Cat ` I Stara Rd C LLLP WAL E TRUST 8 COFFMAN, JOANN G RE VOCABLE ' COLE. CHARLES 8.9. I. .. ORE Eger ad" a ,i C NORDIC G NS LAND FUtID, LLC O C COFFMAN RANCH, LLC 1/ ASPEN CRYSTAL RNet ESTATES LLC CARBONDALE CORPORATION Legend SSGM1 0 650 1,300 2.600 Feet 1 I 1 1 1 1 1 1 building slronger communities 1 inch = 1,250 feet Path: I:12011%2011-414 Carbondale Transfer Stat ianlCRS1RJ AssessorJMap441112.mxd Prepared By: Rusty Jones -03121/12 Projection: tITMZone 13N Source Date: GarfielU County, Colorado -GIS Dept. IRMW II Property Garfield County Parcels .den s,Jossessy MRI May 2012 a. Adjacent Property Owners Within 200'. Refer to Appendix A. 2393 35400 035 Town of Carbondale 511 Colorado Ave. Carbondale, CO 81623 2393 36300 016 Roaring Fork Transportation Authority 530 E. Main St. Aspen, CO 81611 2393 36319 008 James D. Finch 255 Riverside Dr. Basalt, CO 81621 246302100011 Carbond ale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 2463 02102 018 Carbond ale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 2463 02102 021 Carbond ale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 239335400056 IRMW 1058 County Road 100 Carbondale, 81623 239 33540 0061 100 Road Cattle Company, LLC 300 N. Lasalle St. Chicago, IL 60654 239 33631 9006 Daniel B. & Dessa S. Willie 9092 Fieldcrest Ln. Longmont, CO 80503 239 33632 1001 Rex Allen & Joann G. Coffman Revocable Trust 1837 County Road 100 Carbondale, CO 81623 246 30210 2016 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 246 30210 2019 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 246 30210 2022 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 23 93363 00014 Dale Eubank, LLC 1676 County Road 100 Carbondale, CO 81623 23 93363 19007 General Property Mortgage, Inc. 623 Clayton St. Denver, CO 80206 24 63013 00043 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 24 63021 02017 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 24 63021 02020 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 24 63021 02025 Carbondale Corporation 4582 S. Ulster St., Ste. 405 Denver, CO 80237 6 Limited Impact Review 28 May 2012 Mineral Owner(s). U.S. Department of Interior BLM Colorado State Office 2850 Youngfield Street Lakewood, CO 80215-7093 6 Limited Impact Review 29 Me!A3H{ pedw pel!wri W VICINITY MAP-IMRW PROPERTY -PROPOSED MRI TRANSFER STATION 1t • EAGLE co ea) JLegend J IRMW-Property 3Mile Radius b'SGM building stronger communities N I Path: 1:12011 -_2011-41-1 Carbondale Transfer Station' 'GIS•lheirty Map.mxd 0 I t 4.600 0.200 1 t I r 1 1 inch = 6.250 feet 18.400 Feet 1 1 Prepared By -Rusty Jones -03/15/12 Projecton-Colorado State Plane Central Zone Source Data -ESR, dew Aiiupin F. Pre -Application Conference Form. May 2012 GARFIELD COUNTY Building & Planning Department 108 8'n Street, Suite 401. Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 0375 CR 352, Bldg #2060, Rifle, CO 81650 Telephone: 970.625.5903 Facsimile 625.5939 www Qarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Glenn Hartmann DATE: 6/16/2011, Updated 1/26/2012 PROJECT: IRMW LLC Waste Transfer Station and PARCEL: 2393-354-00-056 Recycling Processing Facility OWNER: IRMW LLC REPRESENTATIVES: Don Vandevander (MRI) & Larry Green, Balcomb & Green, Dave Katz, Schmueser Gordon Meyer, and Rick Broadhurst PRACTICAL LOCATION: Located approximately 1 miles east of Carbondale at 1058 County Road 100 (Section 35, T75, R88W) 1. GENERAL DESCRIPTION & DISCUSSION The IRMW site is approximately 94 acres in size and is currently utilized for a variety of industrial uses. The developed portion of the site is adjacent to County Road 100 and located on a bench slightly above the County Road. The primary structure is the old Mid Continent Coal load out facility. Other structures on the property include office space and storage facilities. The Applicants indicated that they are proposing operation of a Solid Waste Transfer Facility and a Recycling Processing Facility on the site. The proposal would involve the creation of a new 35 acre parcel that would include the existing coal load out structure/building for use as the main feature in the proposed facility. The transfer and processing would occur within the building. The waste transfer would include basic compaction and loading onto trucks to be hauled to waste disposal sites. Much of the recyclables arriving at the facility would already be sorted as part of the curbside recycling program operated by MRI. Presorted containers from construction sites would also be accepted. No sorting of trash is proposed at the facility. Processing of recyclables is anticipated to involve standard bailing, compaction, crushing and placing materials into containers for transportation and sale. 6 Limited Impact Review 31 May 2012 The property is zoned Industrial and a Limited Impact Review approval is required for both a Waste Transfer Facility and a Recycling Processing Facility. The two applications can be heard concurrently. The proposed facility was generally described as follows: • All unloading of trash trucks would occur inside the existing building on a concrete operations area, • The compaction unit would be located entirely within the existing building. • The transfer facility would service current trash routes of the operator. • No sorting of material (picking) would occur other than removal of material incompatible with compaction (i.e. large block of concrete) • Trucks would typically end their day at the facility and truck parking would be relocated from the current Carbondale location to the site. • Load out of compacted trash would likely occur on a grade separated level of the facility. • Compacted trash would exit the site in the same day or within 24 hours of arrival. • Trash will be hauled to a focal landfill by a semi trailer truck (fully enclosed trailer) • An estimated 3 — 5 semi truck trips would exit the site each day usually in the morning or early afternoon based on landfill hours of operation. • Landfill destinations would typically be the South Canyon and Garfield County Landfills, similar to current operations. • Trucks would arrive at the facility via the Catherine's Store access to Highway 82 unless they are servicing routes located within the Town of Carbondale or the surrounding neighborhood. • It is anticipated that the trucks leaving the site would utilize the Catherine's Store access route to Highway 82. • A containment tank would be installed below the floor and the compaction unit to contain any fluids generated. • The containment tank would be regularly pumped and disposed of off-site at a landfill. • Circulation areas of the site would be paved or graveled and treated for dust suppression. • Some building upgrades and improvements would occur including doorway/access changes. • The State of Colorado requires the filing of an operations plan that would be part of any application to the County for a Land Use Change Permit. COMPREHENSIVE PLAN The site is designated in the Garfield County Comprehensive Plan 2030 for Industrial Use with a Rural Employment Center Designation, Rural Employment Centers are described in the Plan as "geographically consolidated areas where there is a concentration of light industrial and Business Park uses. This includes uses such as construction yards, equipment repair, and storage areas often found along 1-70 orSH SZ" 6 Limited Impact Review 32 MRI May 2012 Excerpt from the Comprehensive„ Pursuant to the Unified Land Use Regulations of 2008 as Amended (ULUR) some key topics that were discussed at the preapplication conference and are anticipated to be addressed in the Land Use Change Permit review are noted below: • Hours of Operation, noise generation, and nuisance concerns • Fire Protection and suppression • Environmental and water quality protection • Truck hauling routes and constraints (Le. County Road 100 bridge and turning radius issues) • Access and related agreements with the Roaring Fork Transit Authority (RFTA) • Dust control and related Colorado Department of Public Health permit requirements • State Regulations and Operations Plans including spill prevention/control • Access improvements including emergency vehicle access • With the creations of the 35 acre parcel, easements as necessary to access and serve the two tracts II. REGULATORY PROVISIONS APPLICANT 15 REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) o Article III, Zoning & Use Tables — Industrial Zone District (Waste Transfer & Recycling Processing) and standards zoning provisions including setbacks • Article IV, Sections 4403 and 4-105 — Processing 3 Article IV, Section 4-501(E): Submittal Requirements 6 Limited Impact Review 33 MRI May 2012 o Article IV, Section 4-502 — Descriptions/Details on Submittal Requirements (includes Land Suitability Analysis, Impact Analysis, and requirements for a detailed traffic study) o Article VII, Standards — Divisions 1, 2 and 3 — Standards related to infrastructure, water, sewer, access, drainage, agriculture and wildlife compatibility, water quality protection, storm -water, wildfire, natural hazards and geology, and reclamation. Division 3 includes site plan design standards including access, parking, and landscaping. o Section 7-810, Industrial Use Standards for operation including loading/unloading, storage, wastes, noise and other nuisances or hazards. o Article XVI, contains definitions for the proposed uses • Colorado Department of Public Health and Environment Regulations Pertaining to Solid Waste Sites and Facilities, including but not limited to Part 1, Section 7, Regulation for Transfer Stations and Section 8, Recycling. • Colorado Revised Statues Regulations on Noise III. REVIEW PROCESS— LIMITED IMPACT REVIEW 1. Pre -application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103(A), Pre -Application Conference. 2. Application. The application materials required for a land use change subject to Limited Impact Review are set forth in Section 4-501(E). 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4403(C), Determination of Completeness. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board shall be held within forty (40) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of Public Hearing, 5. Evaluation by Director/Staff Review. Once a determination of completeness has been made, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103(E). a. Review by Referral Agencies. The Director's evaluation of the application may include comment by referral agencies received under Section 4-103(D), Review by Referral Agency. 6. Review and Action by Board of County Commissioners. An application for land use change subject to Limited Impact Review shall be considered by the Board of County Commissioners at a public hearing, after proper notice, conducted pursuant to Section 4- 103(G), Conduct of Public Nearing. a. Decision by Board. The Board shall approve, approve with conditions or deny the application based upon compliance with the applicable requirements. 6 Limited Impact Review 34 MRI May 2012 (1) Approval of Application. If the application satisfies all of the applicable requirements, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. (2) Denial of Application. If the application fails to satisfy all of the applicable requirements, the application shall be denied. IV. SUBMITTAL REQUIREMENTS An Application for a Limited Impact Review requires the following materials as further detailed in the Unified Land Use Resolution of 2008 as amended. 1. Application Form and Fees 2. Vicinity Map (4-502(C)(2) 3. Site Plan (4-502(C)(3)) 4. Land Suitability Analysis (4-502(D)) 5. impact Analysis (4-502(E)) Waivers from certain submittal requirements can be requested in writing. The Director of the Building and Planning Department may waive or alter the requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards (Section 4-501). V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: Planning Commission _X_ Board of County Commissioners Board of Adjustment May include but is not limited to: Colorado Department of Public Health and Environment, County Road and Bridge Department, Colorado Department of Transportation, County Environmental Health Manager, County Consulting Engineer, Town of Carbondale, Division of Water Resources, Roaring Fork Transit Authority (RFTA) and Carbondale and Rural Fire Protection District. 6 Limited Impact Review 35 VI. APPLICATION REVIEW FEES a. Planning Review Deposit Fees: Limited Impact Review ($400) b. Referral Agency Fees: TBD c. Total Deposit GarCo): $400 (additional hours billed at houriy rate) Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre application Summary Prepared by: Glenn Hartmann, Senior Planner Date Garfield County Building & Planning Department 6 Limited Impact Review 36