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HomeMy WebLinkAbout2.0 Staff Report Director's Decision 3.3.15Minor Subdivision MISA-7830 Director's Decision 3l3l 15 PROJECT INFORMATION AND PRELIMINARY STAFF COMMENTS TYPE OF REVIEW APPLTCANT (OWNER) AUTHORIZED REPRESENTATIVE LOCATION PARCEL SIZE WATEH/SEWER ACCESS EXISTING ZONING Minor Subdivision Puckett Land Company, Eric R. Stearns Julie Hanson, Beattie, Chadwick & Houpt, LLP The property is located approximately 4 miles north of the Town of Parachute, off of County Road 215. The property is the site of the existing Puckett Land Co. Storage Yard and is known by Assessor's Parcel No. 21 7 1 -291-00-005. 341 Acres 327 Acre Parcel - existing well & septic 14 Acre Parcel - Waivers are being requested based on existing industrial use Existing driveways off of County Road 215 Resource Lands Gentle Slopes and Talus Slopes DESCRIPTION OF PROPOSAL & BACKGROUND The Applicant is requesting a Minor Subdivision approval to divide their 341 acre property into two parcels. Parcel 1 is proposed to be 14.2 acres in size and Parcel 2 is proposed to be 326.7 acres in size. Parcel 1 is located adjacent to County Road 215 and is the site of an existing lndustrial Storage Yard. No changes are proposed to the facility which was approved by the County by Resolution No. 2010-18. A copy of the resolution is attached. Parcel 2, the larger remainder parcel has an existing ranch including residence, accessory structures, utilities, domestic water well, septic system and access. Waivers have been requested from the Land Use and Development Code related to provision of water and wastewater plans and facilities for the proposed Parcel 1. The request is based on the current industrial storage use of the property and the representations that the use does not need or require water and sanitation services for its operation. No employees are based out of the facility and use is accessed only temporarily by employees for drop off or pick up of equipment. II. LOCATION - SITE DESCRIPTION The western portion of the site which includes the proposed Parcel t has moderate slopes down to Parachute Creek from County Road 215. Outside of the improved storage yard the site is primarily agricultural and ranching, with some natural vegetation found along Parachute Creek and the borders of the meadows and grazing areas. The Storage Yard is fully developed and in use with security fencing, lighting, gates, access and related improvements. The Storage Yard is generally level, consisting of compacted earth and gravel generally without any vegetation. The eastern poftion of the site contains a portion of Parcel 2 and has steep slopes and sparse dry land vegetation. III. AUTHORITY.APPLICABLEREGULATIONS The Minor Subdivision process is addressed in Section 5-301 of the Land Use and Development Code. Other applicable code sections include but are not limited to Table 5- 103 (Procedures & Notice), Table 5-401 (Submittal, Requirements), Section 5-402 (Description of Submittal Requirements), Section 5-301(C) Review Criteria, Section 4-103 (Administrative Process), and Article 7 Division l, l!, !ll, & lV, as applicable. 1. 2. !v.PUBLIC AND REFERRAL COMMENTS Public notice mailings 15 days prior to the Director's Decision date were completed by the Applicant as required by the Land Use and Development Code. No public comments have been received in response to the public notice. Referral comments from the following agencies have been received and are attached to the Staff Report. County Consulting Engineer, Chris Hale with Mountain Cross Engineering: Noted the waiver requests for water and sanitation plans for the proposed lot and recommended that evidence of water and waste water be provided. Division of Water Resources: Provided comments summarized as follows: . "lf the applicant intends to use the existing domestic or stock wells, currently permitted under permit No. 151879 & 185334, to supply any pottion of the subdivision, new well permits issued pursuant to a decreed plan of augmentation will be required".. No information was provided regarding the physical adequacy of the water supply.o That the water supply plan will cause material injury to existing water rights and is inadequate. County Road and Bridge: lndicated that they had no issues with the Lindauer Yard. Town of Parachute: lndicated that they had no issues with granting the Application. Grand Valley Fire Protection District: Did not provide comments on the Application. County Vegetation Manager: Requested continued treatment of noxious weeds in accordance with the existing conditions of approval for the Storage Yard. County Environmental Health Office: Provided comments suppofting conditions of approval for the Storage Yard, concerns regarding fugitive control, dust mitigation plans and no idling policies. Colorado Geological Survey: Provided comments summarized as follows: o lndicated that they had no objection to approval of the minor subdivision application as submitted. They noted potential constraints including unstable slopes or landslide hazards on the easterly poftion of Parcel 2 located east of County road 215. No improvements are proposed in the area impacted by the identified geologic hazards. 3. 4. 5. 6. past dust 7. 8. 9. 10. Xcel Energy: lndicated no objection and noted that any additional installations would require the Applicants to contact their Engineering Depaftment. County Oil and Gas Liaison: Noted the use was existing and the request consistent with the wishes of the landowner. No additional comments or concerns were noted. Colorado Parks and Wildlife: lndicated that the subdivision of the existing storage yard would have no impact on wildlife in the area. STAFF ANALYSIS ln accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3. 7-101 : Zone District Requlations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article lll standards for the Resource Lands Gentle Slopes. The Proposed Parcel 1 is subject to a Land Use Change Permit approved by Resolution No. 2010-18. The Application represents that the use is in compliance with the conditions of said approval. No changes to the existing residential - ranching use on Parcel 2 are proposed. No zoning compliance issues or concerns have been noted. 7-102 and 103: Comprehensive Plan & Compatibility The Comprehensive Plan 2030 designates the western podion of the site where the storage yard and ranch improvements are located as lndustrial (l). The undeveloped eastern part of the site is designated as Resource Production/Natural (RPN) Excerpts from the Plan are provided below. 11. V. lndustrial(l) W lndoor manufacturing, outdoor equipnent storage" business parlts, energy proc*sing and uses lhat produce odoq noise, light, and/or emissions- Industrial(l) Planned Unit Develognent (PUD) 4 Resource Prduction/ Natural(RPN) Agriculture and grazing land used primarily for oil, gas, oilshale, coalmining, gravel mining, includlng support buildings and facilities needed for the natural resource extraction indusfi and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes areas with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes (over 20Yo). Private inholding mostly sunounded by public lands with limited public access- Resource Lands (RLTS, RLE, RLP) Section 7 - Water and Sewer Seruices Goals 1. Ensure the provision of legal, adequate, dependable, cost-effective and environmentally sound sewer and water seruice for new development. Section 9 - Mineral Extraction Goals 1. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 2. ln working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Policies 3. Facilities that are appuftenances to oil/gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The subdivision does not propose any change in uses. The Land Use Change Permit for the lndustrial use on Parcel 1 was issued in 2010 by the County and compliance with all conditions of approval should be required. The Application is in general conformance with the Comprehensive Plan regarding the uses on the propefty, but is inconsistent with the provisions related to water and sanitation. Adjacent Zoning is Resource Lands with one area of Public Lands Zoning directly west of the site. The subdivision and existing uses reflect general compatibility with adjoining land uses which include oil and gas operations, agricultural and ranching uses, and open space/public lands. 7-104: Source of Water & Waste Water Systems The Applicant has requested a waiver from providing a legal and adequate water supply for the proposed subdivision and Parcel 1. The Applicant has proposed restricting the use on Parcel 1 to the approved Storage Yard. A plat note restriction has been proposed by the Applicant and included in the submittals. A plat note along with the addition of deed restrictions on Parcel 1 could provide notice to prospective property owners that a source of potable water has not been provided or demonstrated for the parcel. The restrictions and plat notes could also provide a basis for the County to deny future building permits for uses requiring a domestic - potable water source pending development of wells and water quality testing for said uses. The Applicant has noted that the Storage Yard is an unmanned facility with staff accessing the site only to drop off or pick up equipment, as approved by Resolution 2010-18, as a basis for the waiver requests' The Applicant has provided documentation of a well permit to serve the existing ranch house on Parcel 2. All other facilities are in place to serve the home. No changes are proposed for the existing house and/or uses and its historic use noted as a basis for requesting a waiver from well production testing. The Land Use and Development Code provision are clear in regard to documentation of a legal and adequate source of water for subdivided lots. Referral comments from the Division of Water Resources also indicated that new permits would be required if existing wells are proposed to be utilized and augmentation plans required. 6 The code establishes in SectionT-1O4 (A) that is left to the sole discretion of the Board of County Commissioners to determine whether the Applicant has an adequate water supply. ln SeCtion 7-104 (B) the code further indicates that the Board's sole determination as to whether an Applicant has an adequate water supply shall be based on the following: o The Applicant's Water Supply Plan pursuant to Section 4-203 (M). . Comments from the Division of Water Resources on the Water Supply Plan. . Payment of any required fees to Water Supply Entities (i.e. contracts with water conseruancy districts).. Any other information deemed relevant by the BOCC to make it's determination in its sole discretion. 7-105: Waste Water Systems The Applicant has requested a waiver from providing a waste water system for the proposed Parcel 1, based on its existing storage yard use, existing county approvals,3nd potential restrictions to prohibit changes in use without additional County review. This Section of the Land Use and Development Code requires that the use be served by a wastewater system that is adequate to serve the proposed use and density. The proposed 14.2 acre Parcel 1 is adequately sized to accommodate an onsite waste water system. Compliance with all setbacks would be required as part of the County's permitting process. The current use does not have any structures or permanent onsite employees ihat would warrant the installation at this time. Should changes in use occur installation of an appropriate system would be required. The ranch house on Parcel 2 was built in 1904 and has an existing OWTS in place to serve the residence. No existing permits have been identified and no indications of problems with the system have been noted. Any changes to the existing system will require compliance with the County Regulations including OWTS permits. Constraints mapping indicates the potential for high groundwater on the site which along with proximity to Parachute Creek and potential flood plains support the inclusion of a plat note indicating the potential need for engineered waste water treatment systems. 7-106: Public Utilities No public additional public utilities or infrastructure are proposed or needed for the subdivision. The Applicant should confirm that any easements needed for existing facilities seruing the site are in place and shown on the proposed plat. 7-107: Access & Roadways The two proposed parcels are accessed directly off of County Road 215. An access permit was required for the Storage Yard pursuant to Resolution 2010-18. 7 7-108: Natura! Hazards The Colorado Geological Survey did not identif y hazard concerns related to the existing uses and locations of improvements. Hazards on the east side of County Road 215 were noted and are primarily associated with slopes. Appropriate plat notes and restrictions regarding development on the east side of County Road 215 should address this area of concern. 7-109: Fire Protection Comments from the Fire Protection District were not received. The Applicant will need to maintain compliance with the conditions of approval for the Storage Yard. No changes to the residential use on Parcel 2 are proposed. 7-201 : Aqricultural Lands With no new disturbed areas and with fencing in place for the Storage Yard no impacts on agricultural lands are anticipated. 7-202: Wildlife Habitat Areas Referral comments from Colorado Parks and Wildlife indicate that the subdivision poses no impact on wildlife in the area. 7-203: Protection of Water Bodies The site includes a portion of Parachute Creek. Uses in the vicinity of the creek are existing residentia! and ranching. The plat reflects that there are no improvements within the 35 setback along the creek. Any changes to the existing On Site Waste Water Treatment System will require compliance with the County Regulations. Constraints mapping indicates the potential for high ground water. A plat note indicating the potential need for engineered Waste Water Treatment Systems should be added to the plat. Due to the proximity to Parachute Creek, any future development on Parcels 1 and 2 shall be required to demonstrate compliance with the County's Flood Plain Development Permitting. A plat note to this effect shall be included on the plat. 7-204: Drainaoe and Erosion (Stormwater) Compliance with all existing conditions of approval and representations associated with the Storage Yard including site drainage, grading, storm water management and re- vegetation should continue to be required. No new disturbance or improvements are proposed associated with the Subdivision request. 7-205 Environmental Quality lssues associated with protection of Environmental Quality have been addressed by the existing approvat for the Storage Yard contained in Resolution No. 2010-18. Compliance with said conditions should be required. 7-206: Wildfire Hazards No comments were received from the Fire Protection District. The site plan for the Storage Yard maintains a separation between the facilities and natural vegetation that may constitute wildfire fuels. 7-207 Natural and Geoloqic Hazards The Colorado Geological Survey review did not indicated significant concerns on the developed portions of the property west of County Road 215. Geologic Hazard Mapping does identify slope concerns on the eastern poftion of the site. A plat note should be added identifying restrictions on uses and additional engineering required for future improvements to be located on the east side of County Road 215. 7-208: Reclamation No new reclamation issues result from the proposed subdivision. Compliance with the conditions of Resolution No.2010-18 should be required. 7-301 & 302: Compatible Desiqn. Parkino. and Loadinq No new uses or improvements are proposed. Compliance with the condition of Resolution No. 2010-18 should be required. Adequate access, circulation, and parking are generally available on both Parcels 1 &2 as reflected by the existing improvements. 7-303: Landscapinq Parcel 2 has extensive existing vegetation associated with the ranching and residential uses. Compliance with landscaping requirements for Parcet 1 pursuant to Resolution No. 2010-18 should be required. No new landscaping is proposed beyond that required by the existing approvals in Resolution 2010-18 as specific to that use. 7-304: Liohting Lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards and Resolution No. 2010-18. Green = Lower Hazard Yellow - Moderate Hazard Orange = High Hazard 7-305 Snow Storage Adequate poftions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the use on Parcel 1 and rural character of the uses on Parcel 2' 7-401 General Subdivision Standards The general standards are addressed as follows: . There are no common facilities are proposed. o Standard plat notes regarding domestic animal control and solid-fuel burning devices/fireplaces shall be included on the plat. o Flood Plain permitting will be required as necessary for any future development. 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. 7-403 Suruey Monuments Compliance with these requirements will be confirmed through referral of the plat to the County Surueyor's Office. Compliance with any referral comments, corrections, and/or edits required by the County Surveyor should be included as conditions of approval. 7-404 School Land Dedication No new residential units are proposed. Restrictions on the use of Parcel 1 to the current Storage Yard are anticipated. Future changes in uses that include residential units should be subject to payment of fees in lieu of School Land Dedication. The fee required for locations within School District 16 (Parachute and Battlement Mesa) is $200 per unit' 7-405 Traffic lmpact Fees No new uses are proposed by the subdivision and in particular no new residential traffic generation. Conditions requiring future payment of traffic impact fees can be included as conditions of approval should changes in uses occur. VII. SUGGESTED FINDINGS The following suggested findings support approval of the Lindauer Minor Subdivision Application subject to conditions and waiver approvals. 1. That proper public notice was provided as required for the Director's Decision. 2. The Director's Decision review was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions, and approval of waivers, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. 6. That after considering the application and all of the information provided, the Applicant has satisfactorily demonstrated pursuant to the Land Use and Development Code, Section 7-104 and C.R.S. S 29-20-301, ef seg., that the current use existing and approved by the County on Parcel 1 of the Minor Subdivision does not require a source of domestic water. Thus the water supply representations, deed restriction, and plat note limitations prohibiting changes to the use without first providing Land Use and Development Code compliant documentation of an adequate, reliable, physical, longterm, and legal water supply, are appropriate for the type of development proposed. VIII. RECOMMENDED CONDITIONS FOR DIRECTOR CONSIDERATION Approval of the Lindauer Minor Subdivision Application subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shaJl be considered conditions of approval unless othenruise amended or changed by the Director's Decision. 2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: a. Colorado,b a "Right-to-Farm" State pursuant to C.R.S.35-3-101, e! seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Gartield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non- 12 b. negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manLtre, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent ag ricultural operations. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. The mineral rights associated with this property may not have been transferred with the surlace estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). A site specific soils and foundation analysis shatl be required for new construction on Parcel 1 and Parcel 2. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. No new open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid-fuel burning stove as defined by C.R.S.25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the propefty boundaries. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. Domestic Dogs kept on the propefi shall be in a fenced yard or on a leash to prevent harassment of wildlife. Fencing on the property with the exception of fencing for the storage yard shall comply with the Colorado Parks and Wildlife specifications for wildlife-friendly fencing. d. e. f. g. h. 13 Control of noxious weeds is the responsibility of the propefi owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by the appropriate ditch company or owners of water rights within the ditch. Compliance with ail Gartied County Flood Plain regulations is required for any new development within the Subdivision. 3. Approval of the proposed Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a draft of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff, the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 4. The Applicant shall satisfy one of the two following options 4.a or 4.b regarding provision of an adequate water supply for the subdivision prior to the plat being considered for execution and recording: k. a. The Applicant shall demonstrate a legal, physical, source to serue the two proposed parcels through requirements. and reliable water with the following l. The Applicant shall provide an approved copy of any augmentation plans or contracts with a water conseruancy district as necessary to meet the requirements of the Division of Water Resources for the issuance of new well permits for the two parcels or for the use of existing wells. !1. The Applicant shall demonstrate, as applicable, that all conditions of the augmentation plan or contracts have been met. lll. The Applicant shall provide copies of updated or new well permits issued Division of Water Resource for Parcels 1 and 2 if required pursuant augmentation plan. IV. The Applicant shall provide documentation of well pump testing results and water quality test results for the wells serving Parcels 1 and 2, in accordance with Section 7-104 of the Land Use and Development Code. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serue the parcels and the water quality is acceptable for human consumption. lf water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. V. The Applicant shall provide all necessary documents including easements, and agreements for the wells to serve their respective parcels. Said documents shall be subject to review and approval by the County Attorney's Office and any easements shall be shown on the plat. by the to the 14 or; b. The Applicant shall include a plat note on the subdivision plat and a deed restriction on Parcel 1, limiting the use of Parcel 1 to the existing storage yard. A waiver from Section 7-104 Source of Water is approved accepting the limitations on Parcel 1 and the existing water source for Parcel 2 as establishing an adequate source of water for the proposed subdivision. The Approval is subject to the Applicant preparing and providing to the County for review and approval by the County Attorney's Office the plat note and deed restriction. Said deed restriction and plat note shall remain in place until such time as the Applicant demonstrates compliance with Condition 4.a. providing Land Use and Development Code compliant documentation of an adequate, reliable, physical, longterm, and legal water supply, as appropriate for the type of development proposed. 5. The Applicant shall maintain compliance with all representations and conditions of approval for the existing Land Use Change Permit for the Storage Yard on Parcel 1, as set forth in Resolution No. 2010-18. ln accordance with those conditions the Applicant shall provide the following prior to execution and recording of the Minor Subdivision Plat: a. A copy of the Driveway Access Permit for the Storage Yard and documentation of compliance with the conditions of said permit including driveway apron and stop sign. b. Documentation of completion of all re-vegetation requirements. c. Documentation of compliance with all dust mitigation, surfacing, and idling restrictions. d. Documentation of completion of all storm water drainage improvements for the Storage Yard. 15 View of Parce! 2 East of County Road 215 Views of Agriculturat Portions of Parcel 2 West of County Road 215 MOUNTFTIN EROSS ET\rcINEERIT\rc, INC. Civil and Environmental Consulting and Detign August 31,2014 Mr. Glenn Hartman Garfi eld County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Lindauer Yard Minor Subdivision: MISA-7830 Dear Glenn: This office has performed a review of the documents provided for the Minor Subdivision Review Application for the Lindauer Yard. The submittal was found to be thorough and well organized. The following comment was generated: o The Applicant requests a waiver from supplying water and'wastewater that would create a parcel of land without critical services. This may be appropriate for the existing use but may not be appropriate for future uses on the parcel. It is our recommendation that the Applicant provide evidence of water and wastewater. Feel free to call if you have any questions or comments. Sincerely, 826% Grand Avenue, Glenwood Springs, CO 81601 P: 970.945:5544 F: 970.945.5558 www.mountaincross-eng.com ffi rcoLoRADO , Division of water Resources , I \.Jrirlr,r,.".rt r.1 Nrl:tr.rl Rt:(:i:tr,r". 13ll 5herman Street. Rooor 821 Denver, CO 80203 SePtember 2,2014 Glenn Hartmann Garfield County Building and Planning Department 108 8rh Street, Suite 401 Glenwood Springs, CO 84601 Re: Lindauer Yard Minor Subdivision Pafts of Section 28,29, T65, R93W, 6th PM Water Division 5, Water District 39 Dear Mr. Hartmann: We have reviewed the above-referenced pretiminary plan to subdivide a parcel of approximately 14 acres out of a tract of land of approximately 341 acres. The applicant is pioposing to tontinue to operate the 14 acre tract as a storage yard for heavy equipment and maieriats. The applicant has not proposed to provide water to the 14 acre tract. The information provided indicates that the intent is to operate the 14 acre tract as a storage area with no water or sanitary provided to the site. The remaining tract, approximately 324 acres in size, has a number of existing exempt wells described below. The wells with Permit No's: 27841 4,276697 ,289370 and 289368, were issued pursuant to CRS 37-92-602(3XbXl) for uses limiled to monitoring water levels and/or water quality sampting. The wells must be kept capped and locked at alltimes accept during sampling or measuring. The well with Permit No. 151879 was issued pursuant to CRS 37-92-602(3Xb)(ll)(a) on August 2, 1988 as the only well on a residential site of 40 acres described as the NE1/4 of the Seil+ of Section 29, TOS;R96W of the 6h P.M. The permitted use of groundwater from this well is limited to ordinary household purposes inside a single family dwelling and the watering of noncommercialdomestic animals. The ground water shall not be used for irrigation or other purposes. The well with Permit No. 185334 was issued pursuant to CRS 37-92€02(3XbXllXa) on March 10, 1995 as the only well on a tract of land of 37.7 acres described as parts of the SW1/4 and NW1/4 of Section 28, TOS, R96W of the 6h P.M. The permitted use of groundwater from this well is limited to watering of livestock on a farm or ranch. Section 37-92-602(3xbxlll), C.R.S., requires that the cumulative effect of gl! wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over-appropriated;therefore, an augmentation plan is required to offset tJt3 Shcrnrarr 5trcu.t, Room 821, Denvcr, CO 80203 P 101.866.3581 F 303.866.2223 r/ww.water,statc.co.us I Glenn Hartmann Lindauer Subdivision HIF: Lindauer Subdivision.docx cc: Alan Martellaro, Division Engineer Water Commissioner, District 39 September 2,2014 Page 2 depletions caused by the pumping of any wells. lf the applicant intends to use the existing domestic or stock wells, currently permitted under permit no. 151879 & 185334, to supply any portion of the subdivision, new well permits issued pursuant to a decreed plan for augmentation will be required. ln addition, no information was provided concerning the physical adequacy of the water supply. As stated in Section 30-28-133(3Xd), C.R,S., the subdivider is required to submit "Adequate evidence that a water supply is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed." Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided. Pursuant to Section 30-28-136(1XhX1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the wells, the proposed water supply plan will cause material injury to existing water rights and is inadequate. lf you or the applicant has any questions concerning this matter, please contact lvan Franco of this office for assistance. Sincerely, w1*--.-=- Megan Sullivan, P.E. Water Resource Engineer . Ol (.rr'. . rl r?-). a,'3,,\ . t.l ,+ /47(r .1313 Sherman Strcet. Room 821. Dcnver. CO 80203 P 103.865.3581 F 303.866.2221 www.wa[er.statc.co.us Glenn Hartmann From: Sent: To: Subject: Wyatt Keesbery Monday, August 25, 2014 8:1 8 AM Glenn Hartmann Lindauer Yard Minor Subdivision Glenn, Road and Bridge has no issues with the Lindauer yard. lt)yattKeealrely Garfield Counff Road & Bridge District Foreman 0298 C.R.333A. Rifle, Co.81650 Oflice: 970-625-8601 Cell: 970-309-6073 rnzr+ of 7wr^,cfvute *s*fcPt*rttt L*rr4 Stuart S. McArthur, Town Manager 222 Grand Valley way . Parachute, co 81635 ' (970) 285-7530 August 19,20L4 Garfield County Building and Planning Department ATTN: Glenn Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT:PUCKETT LAND COMPANY REQUEST FOR MINOR SUBDIVISION - MISA-7830 The purpose of this letter is to respond to your Referral Form dated August 1.1.,2014, for File Number MrsA-7830. The Town of Parachute has no issues regarding granting this application. lf you have any additional questions or concerns, please contact me at 970-285-7630. Town Manager SSMc lll'}age Gaffield County Vegelation Munagement August 28,2014 Glenn Hartmann Garfield County Community Development Department RE: Lindauer Yard MISA-7830 Dear Glenn, Thank you for the opportunity to comment on this permit. My only comment ls to request that the applicant continue to treat noxious weeds as stated in the Garfield County Resolution 2010-18, Condition 1 1 -B: The applicant shatl control noxious and invasive weeds to maintain native vegetation. Please let me know if you have any questions. Garfield County Vegetation Manager Sincerely, 0376 CountY Road 352, Bldg 2060 Rlfle, CO 81650 Phonet 970-945-1377 x 4305 Fax: 970'625'5939 rR\5 Public Health 195 w. 14tn street Rifle, CO 81650 (970) 625-5200 2014Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann September 5,2014 Hello Glenn, My comments for the Lindauer Yard Minor Subdivision are limited in light of the fact that this is an existing storage yard and that there will not be a need for water and sanitation at the site. I would, however, like to reiterate the conditions provided by the Garfield County Public Health Department in the original resolution for the original Puckett Land Company resolution approved by the Board of County Commissioners in March of 2010. These conditions stated: 1. The applicant shall comply with the Fugitive Dust requirements for disturbances of greater than 5 acres in Garfield County and obtain a construction permit from CDPHE APCD in accordance with Regulation 1 of the Air Quality Control Commission. ln addition, fugitive dust from haul roads and material storage and handling operations are also covered under the above noted rules. Access roads and disturbed areas adjacent to CR 215 shall provide adequate surface stabilization and long term maintenance to reduce fugitive dust and particulate matter. A dust mitigation plan shall be required as a condition of approval. Puckett Land Company shall adopt, implement, and enforce a no idling policy for vehicles on this site as part of their air quality protection efforts. I imagine that a dust mitigation plan was submitted as part of the original application; however, if it was not ! would recommend that it be required in the approval of this subdivision. Thank you, ,i ) ,:U ,i1J,'71',r i/ lln,,er{ lL ;'{ t- t,/'L\-' llwvirl'/y'" Morgan Hill Environmental Health Specialist I ll Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 2. 3. 4. Garfield County Public Health Department - working to promote health and prevent disease COLORADO GE,OLOGICAL SURVE,Y Physical address: 1801 19th Skeet Mailing address: 1500 lllinois Street Golden, Colorado 80401 Phone 303.384.2655 September 2,2014 Glenn Hartmann Garfield County Community Development Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Subject: Lindauer Yard Minor Subdivision File number MISA-7830: Garfield Countv. CO: CGS Unioue No. GA-15-0002 Dear Mr. Hartmann: Colorado Geological Survey has reviewed the above-referenced minor subdivision referral. I understand the applicant, Puckett Land Co., proposes to subdivide a 14.24-aqe parcel, containing an existing, approved storage yard, from an overall 341.5-acre tract. The storage yard property (proposed Parcel l) is located about four miles north of Parachute on the west side of County Road 215. Proposed Parcel 2 contains an existing home, outbuildings, drill pads and other oil & gas equipment. With this referral, I received a copy of the Division of Land Application Form (signed February 20,2014), a Pre-Application Conference Summary, including a general project description (Garfield County, August 15,2013), a Lindauer-PDC Yard Subdivision Exemption Plat (SGM, February [date illegible],2014), a Vicinity Map and Proposed Overall Site Plan for Laydown Yard, a Site Plan, a Grading and Drainage Plan, and Typical Cross Sections (Uintah Engineering & Land Surveying, November 10, 2009), a statement of Compliance with Article VII of Land Use Code, and other documents. Since no improvements or changes to the existing land use(s) and density are currently proposed, CGS has no objection to approval of the minor subdivision application as submitted. Proposed Parcel I is located on relatively flat terrain adjacent to County Road 215, and is underlain by alluvium (mud, silt, sand and gravel) associated with Parachute Creek. Proposed Parcel 2 is underlain by alluvium, Wasatch Formation (sandstone, minor claystone) and the Anvil Points Member of the Green River Formation (sandstone, minor siltstone, marlstone and limestone). Geologichazardmapping indicates that Parcel 2 (Remainder) Easterly Portion, located east of CR2l5, contains potentially unstable slopes or a landslide hazard. No improvements appear to be proposed that would be impacted by the identified geologic hazards on the east side ofCR2l5. Thank you for the opportunity to review and comment on this project. If you have questions or require further review, please call me at (303) 384-2643, or e-mail carlson@mines.edu. Karen Berry I nleri m State Geologist Location: W% Section 28 and EYzSection29, T65, R96w of the 6ft P.M. 39.5, -108.1225 *wo''ln{, ritl$artson, 9.E..c. cA-15-0002_l Lindauer Yud Minor Subdivision.dmx 3:45 PM,09/01/2014 Engineering Geologist ffiEd/ Glenn Hartmann From: Sent: To: Subject: McSchooler, Tillmon B [tillmon. mcschooler@xcelenergy.com] Wednesday, August 20,2014 4:01 PM Glenn Hartmann MISA-7830 Lindauer Yard Minor Subdivision Glenn, No Objections. Applicant will need to contact Xcel Energy's Engineering Department to request a formal design for the project. All existing overhead and underground facilities must be covered with a utility easement if not already. Additional utility easements may be required dependent on the final utility design layout. Engineering lead times for design estimates typically nrn approximately 6-8 weeks or more. Material and or Construction lead times may exceed an additional 10 weeks. Completion of this CitylCounty approval process does not constitute an application with Xcel Energy for utility installation. The relocation or conversion of existing facilities (if necessary) will be at the owner's expense. Let me know if you need anything else concerning this project. Thank you, Tillmon Tillmon McSchooler Xcel Energy I Responsible By Nature Designer-Engineering 2538 Blichmann Ave. Grand Junction, CO 81505 P : 97 O.244.2695 C : 97 O.27 O. 1 9 53 F : 97 0.244.2661 E : tillmon.mcschooler@xcelenergy.com XCELENERGY.COM Please consider the environment before printing this email. GIenn Hartmann From: Sent: To: Cc: Subject: Kirby Wynn Friday, August 22,2014 6:31 PM Glenn Hartmann Kirby Wynn RE: Referral: MISA-7830 Lindauer Storage Yard Minor Subdivision Glenn, Thank you for the opportunity to review this application. This application proposes subdivide and create a parcel for an existing storage facility. Site location and use of same seem appropriate and are in line with the wishes of the landowner. No additional comments or concerns. Kirby Wynn Oiland Gas Liaison Garfield County GIenn Hartmann From: Sent: To: Subject: Hoyer - DNR, Scott [scott.hoyer@state.co.us] Monday, September 01,2014 9:10 PM Glenn Hartmann MtsA-7830 Glen, After reviewing the materials for the Lindauer Yard Minor Subdivision (MIPA-7830), it has been determined that the proposed subdivision of the existing storage lot will have no impact on wildlife in the area. Thank you, S"ott Uoy", District Wildlife Manager, Parachute trEl:+ llll [[r ll!,lUlHtt Iilf.lllf J#i lilr, ft[fl [.lll'Llll"l ] ll I Receat.ionS:764391 ?"1?i{?ol3:ul:3?i31#o.i';:.llf35'SaFrELD cou*y co STATEOFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield C.ounty Courthouse, in Glenwood Springs on, Monday, the 15th day of March A.D. 2010, there were Present: John Martin . Commissioner Chaimtan Mike Samson . Commissioner Trdsi Houpt . Commissioner Deborah Ouinn . Assistant County Attomey Marian Cla!,ton . Deouty Clerk of the Board Ed Green (absent) . County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. 2OIO-I8, A RFSOLTITION CONCERMD WITIITIIEAPPROVAL OFALAND USE CHANGE PERMIT, LIPA 6239, tr'OR STORAGE: ST PPLIES' MACHINERY' EQUIPMENT' OR PRODUCTS,LOCATED WEST OF COUI\TYROAD2IS AND 4IVIILES NORTHWEST OF PARACHUTE, AND WITIIIN A PROPERTY OWNED BY THE PUCKETTLAND COMPANY, GARFIELD COI'NTY PARCEL NO# 2l7l-291 -00-005 Recitals A. The Board of County Commissioncrs of Garfield County, Colorado, received an application for a Land Use Change Permit to allow for Storage: Supplies, Machinery, Equipment, and Products. B. The 4.7-acre site is located west of County Road 215, foru miles northwest of Parachute, CO, and within property owned by the Puckett Land Company. C. The 4.7-acre site is described in the application documents and attached hereto as Exhibit A and incorporated by this reference; Illl I'rt'r l11,lU,\I1l\!HI ll,l lJ,l,Hl,H{1, !flrtllfi Llll,{ ll lllRcceptlo^B:7Ea39lOqlOTtztlg O4:2f:O2 PA J.rn Ath.ico2 ol 1l R.c Fo.,SO.oo Doc F..:0.00 GARFIELD CoUNTY C0 D. The subject property is contained within the Resource Land/Gentle Slopes zoning district and a Land Use Change Permit for Storage: Supplies, Machinery, Equipment and Products iequircs approval ofa Limited Impact Review Proccss by Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for Storage: Supplies, Machinery, Equipment, and Products pursuant to Sectiou l-301 and 4-105 ofthe Garfield County Unified Land Usc Resolution of2008, as amended. F. The Board ofCounty Commissioners opened the public hearing on the l5th day of March, 2010 upon the question of whether the knd Use Changc Permit application, LIPA 6239, for Storage: Supplies, Machinery, Equipmen! and Products, should be granted or denied, during which hearing the public and interested persons were given the opportrurity to cxpr€ss their opinions regarding the application. G. The Board of Coung Commissioners closcd the public hearing on the l5th day bf March, 2010 to make a final decision. H. The Board on the basis of substantial competcnt evidence produced at the aforementioned hearing, has made the following deterrninations offact: l. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was ortensive and complete, that all pertinent facts, matters and issues were submitted or could be zubmittcd and that all intercsted parties wcre heard at that meeting. 3. That for the above staled and other reasons, tlrc Lard Usc Changc Permit for Storage: Supplies, Machincry, Equipmcnt, and Products is in the best interest ofthc hedth, safety, morals, @nvenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections ofthe Garfield County Unified Land Use Resolution of2008 as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Boad of Cormty Cornmissioners of Garflield Couuty, Colorado, that: A. The forgoing Recitals arc incorporated by this reference as part ofthe resolution. B. The Land Use Change Permit, LIPA 6239, to allow for Storage: Supplies, Machinery, Equipmen! and Products is hereby approved subject to compliance with the following conditions: ]lt lltl lll,Iilllfii lltl lllJ+llhlt,ltltllltt|ililll"l ll lll R.c.Dtlonfl:78a391 3i?rl?613.'l;3:r81oEno":"Fl"1A:36'3E"FrELo couNTy co l. All representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The operation ofthe t'acility shall be done in accordancc with all applicable Federal, State, and local regulations goveming the operation ofthis type offacility. 3. Vibration generated: the facility shall be so operated that the gror.rnd vibration inherently and recurrently generated is not perceptible, without instnrments, at any point of any boundary line ofthe property on which the use is located. 4. Emissions of smoke and particulate matter: the facility, generator, pumP, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards, including CDPHE APCC Regulation I for dust. 5. Site operations shall not emit hea! glare, radiation" dust or fumes which substantially interfere with the existing use ofadjoining property or which constitutes a public nuisance or lazard. 6. All equipment and skuctures associated $,ith this permit shall be painted with non-reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. Thc applicant shall install a site-obscuring fence on the site boundaries. 8. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 9. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 10. The Applicant shall adhere to the Stormwater MEnaB,erllcnt Conhols and thc required procedures detailed in the Materials Handling and Spill Prevention detailed in Section 3 of the Stormwater Management Plan and attached hereto asAttochment I. 11. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and Sensitive Area Report as follows: a- Reclamation areas shall include Wyoming and Big Basin Sagebrush in the re- vegetation seed mix. Local sagebrush seed should be used. b. The applicant shall control noxious and invasive weeds to maintain native vcgetation. c. No development activity should occur betwem Jaauary I ald March 3l to me€t CDOW and COGCC standards for the protection of Mule Deer critical range in the project arca d. Brush clearing activities shall occur outside of the migatory bird nesting season which is between May I and July 31. e. Site construction activities shall comply with the following sitc development standards to protect Wild Turkey production: ]l ttl t11,1ililfli1{t,lFltutl'lhlt lltl llil,lhllll'{ ll lll Reccatton$:784391 !"1?'{?ull"'illi.8'0fl ,"i"ii.1Ao35'3&FrELo co,Nry co i. Confine construction activities to the immediate site. [f additional storage, parking, etc is needed outside ofthe immediate area it should o<tend to the nort[ south or east. No extension to the west (toward Parachute Creck) should occru. ii. No activity should occur within the Parachute Crcek riparian area or areas immediately adjacent to the riparian zone. iii. Loud noise (greater than 85 db) from machinery and equipment sttould be avoided at the laydown site until two hours after sunrise to minimize interference with turkey mating diSplays. Turkey mating displays are both visual and sound dependent and keeping noise below the 85 db threshold will reduce potential interference with turkey mating displays and reduce impacts that could negatively affect turkey reproduction. f. Construction activities shall be scheduled so that they do not interferc with breeding, nesting, and brood rearing activities for Raptors which are identified in Table 4 (page 13) of the Wildlife and Sensitivc Areas Report and attachedherelo asAfl^chment 2. g. Soil erosion control within the project area shall bc implemented. 12. The following recommendations and requests of the County Vegetation Managcment Depa(ment shall become conditions of approval: a. The applicant shall construct a wrshing station to power wash and remove all seeds, soil, and vcgetativc mattcr for all constuction, heavy or offroad equipment and transport during construction This would include backhoes, trackhoes, dozers, blades, rollers, lowboys, and equipment trailers. Equipmcnt shall be considered clean when a visual inspection does not disclose seeds, soil, vegctative matter, and other debris that could contain or hold seeds. b. The applicant bas provided an acccpable menu of seed mixes. c. All seed tags must be saved and made available to the Vege'tation Managcment Departrnent for verifi cation. d. The applicant has quantified the surface area to be disturbed as 5.0 acres on private land. Staffrecommends a secwity of $20,000 based on the longterm rate of$4000/acre x 5.0 acres. e. The security shall be hcld by Garfield Corurty until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of thc applicant to contact the County, upon successful revcgetation establishment, to rcquest an inspection for security release consideration.f. The Reclamation Stafldards at the date of pemrit issuanoe are cited in Section 4,06,4.07 and 4,08 of the Garfield County Weed Management Plan (Resolution #2002-94). 13. The following rccommendations and requests of the Garlield County Road and Bridge Department shall become conditions of approval: a) A driveway access pennit is required for this application with conditions specific to the driveway access location. 4 llll lltr lltr,lU\ffi \llllt llri l+l,li llFlll !l[ l$r,, lll',i ll ll IRrc.ptionB:784391 O4lO7l2O1O 04:23:02 Plt J.an ttb.rlco5 ol 1l Rcc F.e:So.oo Doc F..:0.0o GnRFIELD couNry c0 i. The conditions would include a paved or concrete apron the width of the driveway access, 10 feet in length from the edge ofpavemcnt on Cr. 215 and a minimum depth of 4-inches. ii. A slop sign shall be required at the entrance to Cr. 215. The sigr and installation shall be as required in the MUTCD (Manual on Uniform Traffi c Control Devices). b) Petmleum Devclopment Company may be asked in the firture to contribute to road improvements on County Road 215. c) All vehicles hauling equipment and materials for this project, including ilems to be stored shall abide by Garfield County's oversize/overweight system. All vehicles requiring ovcrsizey'overweight permits shall apply for them at Gadeld County Road and Bridge Department. d) All vehiclcs applying for oversizdoverweight permits shall have a lettcr or e-mail from Petroleum Development Company stating said vehicles can obtain oversize/overweight pemits under their road bond on file with Garfield County. 14. The Applicant shall adhere to the followi:rg Gufield County Public Health conditions: a. The applicant shall comply with the Fugitive Dust requirements for disturbances of greater than 5 acres in Garfield County and obtain a construction permit &om CDPHE APCD in accordance with Regulation I of thc Air Pollution Control Commission. In addition, fugitive dust from haul roads and material storage and handling operations are also covered under the above noted rules. Access roads and disturbed areas adjacent to CR 2 I 5 shall provide adequate surface stabilization ald long terrr maintenance to reduce fugitive dust and particulate mattcr. A dust mitigation plan strall be required as a condition ofapproval. Puckett land Company shall adopt, implemen! and enforce a no idling policy for vehicles on this site as part oftheir air quality protection efforts. c. d. GARFIELD COTJNTY COMMISSIONERS, BOARD OF GARFIELD Datedrhis t*r* Arr^-L,A.D.2o-ll2 . ATTEST: tlil ff'llltr,Iillt]llltrd,llt[ lril,lh1r, ll+tllrtl[rLlll'{ ll ll I ReceDtIonH:764391 @410712O1O 0a:23:02 Pll J.an nlb.ri@6 of lt R.c F..,SO.OO Doc F..:0.00 GARFIELD CdJNtY C0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONERCHAIRJOHN F. MARTIN , AYEcoMMrssroNERMrSESAMSON ,AYE COMMISSIONERTRESI HOUPT . AYE STATEOFCOLORADO ) )ss County of Garfield ) L . County Clerk and ex-offrcio Clerk of the Board of County Cornmissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is tuly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfreld County, now in my offrcc. IN WITNESS WHEREOF, I have hercunto set my hand and alfrxed the seal of said County, at Glenwood Springs, this _ day of , A.D- 20_. County Clerk and ex-officio Clerk of the Board of County Commissioners llll tfi l1!,lilll{ttlhtLll{,htllttLlfil lli, llfl lll,'l ll lllReceptionS:78a391 OtlOTl2OlO O4:23:02 P[ J..n Albsrl67 ol l1 R6c F..:tO.00 bc F.c:0.00 G#IELo CoUNTY C0 Itt*J ^.'T / 3 STORMWATERMANAGEMENTCONTROLS 3. a SWMP Admlnistrator The SWMP Administrator for the Petroleum Development Corporalion Lay Down Yard is: Eric R. Stearns P.O. Box 26 120 Genesis Blvd. Brldgeport, WV 26330 Phone: 304/8424256 3.b ldentiflcation of Potentlal Pollutant Sourcos 1) all disturbed and stored soils will be evaluated for erosion potential and polential to contribute to stormwatEr pollutlon and BMPS to pravent such occurrencg wlllbe lmplementod on a case by case basis. 2) vehlcle tracking of sediments will be evaluated tor eroslon and pollulion potantlal. BMPS will be €fiosen according to the potenlials on a case by case basie. 3) manag€ment of contaminated solls will be done by contalnment immediately and managing lhem at an appropriats facility. 4) loading and unloading operalions will be evaluated and identilied for polenlial fol pollution. The following is the Focedure fo. dealing with liquid loading and unloading Eocedures; 5) outdoor storage activities wlll be evaluated for potential to pollute Stormweter runotf. ApproPrlete BMPS will be implemented on a case by case basls. Contalnment and prevention of contact with stormwatar will be achleved by keeping materials with potentlal for pollution covered or enclosed in containers or packaging. 6) vehicle and equipment mainlenan@ and fugling procedur66 require the operators to ensure thal no fluids or materials ars spilled. lf they are spilled, lhey will be immediately contained and disposed of at an appropriate disposal facilily. 7) aignificant dusl or partlculale generaling processes will be evalualed and regulated by the application ol water to eliminate possibl6 wind erosion or transpolt 8) routine malnt€nance activities involving fertlllzers, pesticides, detsrgents, fuels. sofuents, & olls will be very lnfrequant. When applying p6sticld6s or horblcides, wind and molsture condltions will be evahated and if either are found to be pre8ent and could poseibly lead to contamination, suci procadures will bs delayed and aitempted again uhen condltions are conducive lo application without ole\raled Pollutlon posslbilillos' 9) on-site waste management practices (wasts piles, liquld wasles. dumpsters, etc.) wlll be enac{ed on all sitee. Trash recoplacles will be located on all active s'rtes. Good housekeeping principles wlll be enacled throughout lhe entire permilted area. Disposal will be by conlractors with appropriate handling equlpment. 10) concreto lrucUequipment washlng, lncluding the concrote lruck chute and assoclated llxtures and equipment will bo Inf.requent within the permitted area. These procedures are covered under the pamit. lf washing o[ concrete trucks and equipment takes place, lh6 v\rator will be contained in an earthen basin. The location will be noted on site speciftc maps. 1 1) dedicaied aephalt and concrete batctr plants will not be present within lhe permitted area. 1 2) non-industrial wast6 sources such as workor trash and portable toiletrs will be contained in recePtacles designed for the specific purpose. These wlll be disposed of by contracto6 with sPecially designed equipment and dispose of accordirp to local requkements al aPpropriata facilities. 13) olher ar6as or procedures where potential spills can occur will be evaluated on a case by caso basis and BMP'S will be implemented according to lhe sPoclfic potential for pollution. 3,c BMPs for Stormwater Pollution Pravantlon 3,c.1 StructuralPractlces The description and applicalion practicos of structural praclicos available and/or impl€monled can bo found in the BMP manual. The location of struc{ural BMPB will be found in the sile specific maps. 3.c.2 Non€tructuralPractlces The description and application practices of non-structural BMPS avallable and/or implemenled will be lound in the BMP mariual. The location of non-struciurel pradices will be found in thg site specitic maps. ]l ll'il1!,luiHlr l{,[Hf, l{l,ll+usul{l llillfl ,t ] ll IR.ceptloil:7E4391 Oar0Tr2OtO O{:23:02 PII Je.n elhrioog ol i1 P@ F..i30.0O ooc F..:0.00 GaPFIELD CoUTY CO 3.c.3 Phased BMP installation P.econstruction BMPs will include a down gradient perimeter BMP (wattle), with a slash pllo inside. A diversion trench will be lnsido tho elash pile, creating diversion to direct runoff to the deslgnated point for conlrol. BMPS for tho aclual construction phase will consist of grading snd stabllization through surface roughening. The pad surface will be an improved unpaved sudace lo reduce tracking and sediment migratlon. Sediment traps will b€ located on lhe lhree dorm gradienl comors lo lreat runoff wator pdor to leaving lhe site, A culvert will be placed at lhe access polnt lo the pad. A run{n diverslon lranch will be locat€d on ihe up gradient side of the pad to reduce lhe arnount of runoff from the site. Where appropriele. check dams will be placed in diversion trenches lo reduce velocity and sediment mlgration. lf nocesoary. armored rundowns will be utilized to transport runoff from the top of slopes to thB bass of slopes. A pad perimeter BMP consisting of a berm will be implemented al lhe top of lill slopes. lnterim reclamation BMPs will consist of any of tha following, seeding and skaw cilmping, hydromulching, drill seeding, seeding wilh blanketing. These will be dolemined by th6 adualslopes present onco lhe conslruction has been completod. Final reclamation BMPs will consist o, recofltouring tho sil6 to as close lo originalslopBs. Seeding and revogetation lo a 70% distribution of original densily will take place, prior to being released from the CDPHE regulatory complianco. 3.c.4 Materlals Handling and Splll Preventlon Fuels and Materials Manaoement Petroleum produclE whlch may be Fesent at ths constructon sile include: gasoline, dlesal fuel, lubrlcant oils, hydraullc oils, ussd oils, and solvents. Gasoline and diosel fuel wlll be stored in portable storago ianks with secondary conlalnment. Lubrlcant, hydraulic, and mlsc€llaneous oils and solvonts wlll bo stored in 5S gallon or smaller contalners. Pollutant6 from petfoleum products used durlng construction activities adhere easily to Boil particles and other surfaces. ln case of a spill or leah soils contaminated wlth petroleum products will bo contained and removed to a proper disposal site. Propos€d soil erosion and sedimont control prac-licas will aid in retention of spils or leaks. Use of secondary containment and drip pans will reduco ths likelihood of spills or leaks conlac'ting the ground, Proposed malntenanc,e and sale storag€ praotlccs will rcducs tho chance of pelroloum products contaminaling the road site. Oily wastes such as crankcase oil, cans! Iags, and paper conlainlng oils will b6 placed in proper receptaclos and disposed of or recycled. An additional source of pelroleum conlamination i6 leaks from equipment end vehlcles. Rouline daily inspections will be conducled to iderilify leaks and initiate correctivs aclions, il needed. The following guidelines for storing and managlng petrol€um products wlll be used: . All productcontainerswill beclearlylabeled.. Drum6 will be kept off th€ gaound withln secondary contalnmeni and stored under crver it needed.. Fuol lanks will be stored within secondery containmsl.. Llds of drummed matBrials will be securely fastoned.. Emergency splll responsa procodures will be avallable on-site. Persons t.ained in handling spills will be on call at all times.. Spill cloanup and containment materials (absorbent, shovels, etc.) will be €asily acoessible. Spllls will be immedialely cleaned up and conlamlnated materials will be properly stored on site untilthey can be disposed of in accordance with appllcable regulatlons.. Storage areas and conlalners wlll be r€gularly monitored for leaks and repaired or replaced as nece$ary. Contractors and subcontrac'tors shouH be reminded about proper slomge, handlirE and transfeffing of petroleuni produds or other hazardous materials during safely moetings, lill itlEl,lu,\l{lhHfi lhl liliHttl1Llll,ltil lll't ll ll I Rcceotio^$: 761391a4td'll2o11 04:23,O2 m J.il Alb..ico 6 ii ii-iic-ii.,lo.0s ooc io,6 oo GARFIELo cout{TY c0 PDC's Health and Envlronmental Regulatory Advlsor (HES) will coordinate agoncies repoiing and statemenls. Spllls or reloases of any size that impact or threalen to impac{ any waters of the stale, rcsidence or occupied structure, livestock or public bywey, shell be verbslly reported to the GDPHE. lf the splll may reach waters of tho state (which lncludes surfaco water. ground water and dry gufiies or slorm 3ewers leading lo surface water), it must also be.eported immedlately to the Colorado Departmmt of Public Heallh and Envlronment (CDPHE) at 1-877-518{608. Spills or releasos of more than 25 gallons of relined petroleum crude oil produds such as gasolin€, dlesel fuel, oil, or derivatives of mineral, animal or vsgetable oil shall be reponed to the slato of Colorado Oivislon of Oil and Public Satety at (303) 318€547 within 24 hours. A hazardous substance release in any amount which enters or threatens to enter walers of the state shall be reported to Colorado Department of Public Health & Environment (CDPHE). All spills, leaks. or overflors that reedt in the discharge of pollulanls will be doarmenled. Other Chemlcals Produc{s Manaoement Addltlonal malerials will be used and stored on sile for use ln construclion. These matorials wlll be stored appropriately and managed to mlnlmlze spills and leaks. Storage areas will be regularly inspec{ed and any minor spllls or leake will be cleanEd up immedlately. Materials Manaoement The a Lay Dorn Yard will be maintalned with good housekeaping and will be inspected on a regular basis for Epills, leaks, and potential of materials commingling with slormwater runoff. 3.c.5 Dedlcated Concreto or Asphalt Batch Ptants There will be no dedicatcd concrelo or Asphalt batch plants within the permitted area. This SWMP will be amended if this changes in the future. 3.c.6 Vehicla Tracking Control Vehlcle tracklng control wlll be mlnimizcd by ths construclion of roads and trav6l areas by good englneering principles. Roads will be properly gradod to control runofi and erosion. Road sudaces will be upgraded by the addition of gravel or roadbase being placed on tho roadway surfaco. BMP8 will be lnstalled along roadways to control runoff and sediment, 3.c.7 Waste Managomont ard Dlsposal including Concrete Washout Wasle Manaoement and Dlsoosal. Olherwastes may lnclude lho lollowing:o Sagebrush, shrubs and t.aes from clearing operationso Trash and debris from construction materlals and workerso Sanitary sewage. Each of these wastes will be managod so as to not conldbuto to stormwster pollution. Construction irash and debrls will be collected in conlainejs and hauled off-sile for disposal ln suihble landfills. Sanltary wasto will b€ containotized in pottable toilets or other Btorag6 tanks with waste matcrials regularly pumpod and transportod ofr-slte for disposal at approved facilities. There will be no Conqet€ washout on lhe silo. 3.c.8 Groundwater and Stormwater Dewaterlng Slormwater runoff will be separaled ftorn contamlnation and daratering by diversion and grading. The two will not be allowed lo come in contact with each olher. This is not anticlpelod at this tim6. lf ln the future dewatering of any kind takes place, the SWMP will be amended to reflecl the changes. prctection of mute deer odtical wintcr range in the Project arca. The CDOW at this time does not irave timing restrictions for elk winter concentation areas; however I consultation with the cDow is iecommcnded for the protection sensitive wildlifc habitat as dcfined in the coGCC rules. 7.2.2 Migratory Birds In order to comply with the Migratory Bird Trcaty Act by showing a good faith efrort to rcduce p"t*ti"f impacL on nesting bifrs, if;ny bn sh clcariug is ncccssary, it should takc placc ouBide' ofthe nesting season.. N"rtirrg sia"on is generally cotsidered bctrrecn May I and July 3l in this area for mosfspecies. June t to luty lS is thc peak period when most incubation and brood rearing takes piace. If brustr clearing can occw prior to Mly l, most affectcd birds will rclocate to alE;ate n;sthg sites. After midlto-late July, most flcdging has occuncd and brush clealing impacts would be minimizcd. often, young birds have fledged by May I 5. Because suitable Pinyon Jay habital,is not prcsent .t tf,r proj*i rit , the prc-May I vigetetion clearing recommcndation is acceptablc and adequatc to avoid dcstruction ofany potentialty activc migratory bird nests' 7.23 Rapton Activities associated with thc proposcd laydown yalil mny impact raptor populations that nest within the riparian habitat alo;g Parachute creck. In oder to rcduce tho potcntial affccls 19 ";.ti"g ;pr;", it witl bc impoiant that the project proponent schcdulc construction rctivitics sr"l til"t it cy io not interferc with breedin[ nesting and brood rcaring activities. WWE s recommcndel raptor nest site avoidance standards for thc spccies obs€rved in this survey are rr*."rir"a U"fd* (table 4) (Craig 2002, Klute 200E, Kingery 1998)' If thc project ca9o1!.c completcd prior to tire next nesting-scason, thc riparian habitat along Parachurc Creek should be ."-rur""y"d d*ing the raptor brceiing and ncsting season, to search for and identify occupied i"poi n.rt. ,".. t[r projict. If any birds arc found bchaving in a manncr consistcnt with nc'sting, every elTort ihoula b" -"d" to apply the timing limitation and bulfcr distance stipulations. ,|t"+'-tr"*i a Oclober 2009 Table 4. Specicc Brillcr.Zonc SersoE l Rcstriction :ed-tailcd Hawk 0.33 mile I March - 15 July Coope/s 0.25 milo I ADril - 15 Ausust Amsicm Keslrel Goldcn Eal O.25 mile + alt. nsts I Jmuerv - 15 Julv |ald Easle 0.50 rrile l5 December - 15 JulY Northem Harrier 025 mile I April - 15 Auetust Lons-e€rcd Owl 025 nilc I March - 15 Julv Orcat Homed Owl WestWater Engineering Page l3 of l5 llll llFrlllhFrlilrlil llrt lJrllil{rtlrrtfiliUhlHltt',1ll'{ ll ll I Rec.otions: 784391 ?{'37??'3.3'i3'3e BE oi!'i.!lBl6i"&RFrELo cou'Ty co PUCKETT IAND COMPANY PARCEL NUMBER 2171.291-OO.OO5 tEGAt DESCRIPTION TOWNSHIP 6 SOUTH, MNGE 96 WEST, 6TH P.M. SECTION 28: LOT4 (ALSO DESCRIBEDAS NW/4 iW4) SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2 sE/4), TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 28: SP NW4 AND THAT PART OF THE l'IW4 SW/4 (ALSo DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WT: BEGINNING AT THE NORTI-IWEST CORNER OF SAID Nw4 SW4; THENCE SOUTH 757 FEET; THENCE EAST 15 FEET; THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH 89 DEGREES EAST 64 FEET: THENCE SOUTH 63 DEGREES EAST 196 FEET; THENCE NORTH 42 DEGREES EAST 261 FEET; THENCE SOUTH 81 DEGREES EAST 97 FEET; THENCE SOUTH 3s OEGREES EAST 116 FEET; THENCE SOUTH 10 DEGREES WEST 63 FEET; THENCE SOUTH 46 DEGREES WEST 90 FEET; THENCE SOUTH 1 1 DEGREES EAST 214 FEET; THENCE SOUTH 42 DEGREES EAST 270 FEET; THENCE EAST 450 FEET TO THE SOUTHEAST CORNER OF SAID tlW4 SW4; THENCE NORTH 1320 FEET; THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE NE/4 SW/4 EXCEPT THAT PART OF SAID NE/4 SW/4 DESCRIBED AS FOLLOWS, TGWIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/.+ SW4: THENCE NORTH 214 FEET: THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING.