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HomeMy WebLinkAbout2.0 PC Staff Report 02.09.2000rj2f" c C Cy ' PC 02/09/00 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: Preliminary Plan review of the Powerline Professional Park Subdivision. APPLICANT: Western Slope Development Company. ENGINEERS: High Country Engineering, Inc. pLANNERS: SK Collaboration. LOCATION: A parcel of land situated in Section 11, T. 6S., R. 93W., of the 6th P.M.; located on Highway 6/24, approximately 1/4 mile east of Rifle. Sim DATA: 29.510 acres. WATER: Wells. SEWER: I.S.D.S. ACCESS: Highway 6/24. ZONING: Commercial General (C/G). ADJACENT ZONING: East: C/G West: RIG/SD, C/G North: All South: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel of land is located in District B (Subdivisions/Rural Serviceable Areas), of the Garfield County Comprehensive Plan, 1984. The parcel is also included within the City of Rifle Comprehensive Plan area, 1998, which designates the property as County Industrial. 1 II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located approximately 1/4 mile east of Rifle, on the north side of Highway 6/24, directly east of the Cottonwood Springs mobile home park. The site is flat, with slopes less than 1%, with an overall elevation difference of 15 feet from the north to south property lines. The site is undeveloped other than the power lines as indicated on the submitted Preliminary Plan. The site consists of an open field with ricegrass, wheatgrass, junegrass, serviceberry and big sagebrush, with wheat and an infestation of yellow toadflax, Common Burdock, Leafy Spurge and Musk Thistle. Development Proposal: The applicant is proposing to subdivide the tract into a total of 8 commercial lots on the 29.510 acre parcel. The lots range in size from 2.819 acres to 5.716 acres with an average lot size of 3.69 acres. Water is to be supplied by three wells through a well sharing agreement. Individual Sewage Disposal Systems are proposed for each lot. Access will be via a private road/cul-de-sac off of Highway 6/24. REVIEW AGENCY/PUBLIC COMMENTS A. Colorado Division of Water Resources: The Colorado Division of Water Resources stated in a letter dated November 26, 1999 that, "the proposed water supply will cause material injury to decreed water rights and is inadequate." The letter further stated: "The submittal did not include an estimate of water requirements"; "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for this well."; "... to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed." (See letter p. 19). At the request of the applicant, additional information as submitted by the applicant was forwarded to the Colorado Division of Water Resources for further review to determine if the comments of the above discussed letter would change. In a letter dated December 22, 1999, the Division of Water Resources states, "Review of this additional information indicates that the comments in our letter of November 26, 1999, still apply." (See letter pgs, 20,21). B. City of Rifle: The City of Rifle commented on this application in a letter dated December 3, 1999, and stated that, "the City does not oppose this proposal and it would ask the County to consider the following concerns:" ► The City supports the creation of jobs and tax base in and around 2 Rifle. ► The City would expect the County to take appropriate measures to ensure that the effects of this development would create no short or long term damage to this area (visual, environmental, social, etc) One specific concern of the City is that Rifle's primary domestic water intake is in close downstream proximity to this project, and this area has relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. ► The City would request that as this parcel is developed the requirements of the Rifle Municipal Code, Title 17 and the Rifle Public Works Manual be followed. The City would expect at some date that this area be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City development standards. (See p. 22). C. Colorado Department of Public Health and Environment; In a letter dated November 22, 1999, the Colorado Department of Public Health and Environment stated: "... we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility."; "...tests performed for the intended ISDS for each lot, revealed that soils and depth to groundwater are such that mounded systems would need to be engineered."; "We suggest that Garfield County request the applicant to examine other wastewater disposal options besides ISDS for each lot" (See letter p. 23) Bookdiff SS it Conservation District: In a letter dated November 30, 1999, the Bookcliff Soil Conservation District responded with concerns about noxious weed control, and suggested that the subdivision applicant contact Garfield County Vegetation Management for proper weed control of noxious weeds on site. Further, the district stated: "Any cuts for roads or construction should be revegetated to prevent erosion." (See letter pgs. 24, 25) Garfield County Vegetation Management: Steve Anthony, of Garfield County Vegetation Management, responded to the application in a memorandum dated November 29, 1999, in which he states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge, The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, Schedule of treatment, Plans of followup, Name applicator that will do the work." (See letter p. 26) Colorado Division of Minerals and Geology: In a letter dated November 17, 1999, the Colorado Division of Minerals and Geology responded, "...each building site should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with several specific mitigation measures to be followed under varying conditions which should be followed. (See pgs. 27, 28) G y Public Service Company of Colorado: In a letter dated November 16, 1999, the Public Service Company of Colorado stated they have no material objection to the development, however, they pointed out some issues we may wish to discuss with the developer including: r [ - • Denoting the proposed utility installation within the proposed 60' access easement. ► ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. ► The fact that there is no distribution gas in Highway 6 & 24, and that if this development is to be served with natural gas, access would have to come from either County Road 210, to the north, or the Cottonwood Trailer Park to the west, depending on loads. ► Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and operation of these facilities. • Finally, any requirements over and above the licensing agreement with Tri-State which may be required if facilities are placed within the proposed 60' right-of-way. (See letter pgs. 29, 30) H. Garfield School District No. Re -2: Garfield School District No. Re -2 stated "At this time there are no concerns or comments.", in a letter dated November 9, 1999.(See letter p. 31) Garfield County Sheriffs Department: The Garfield County Sheriff's Department has no concerns or comments, as stated in a letter dated November 10, 1999. (See letter p. 32) 0. Rifle Fire Protection Digtrict: The Rifle Fire Protection District stated five recommendations for the proposal in a letter dated November 23, 1999 (See p. 33): 4 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. K. Colorado Department of Transportation. In a letter dated December 14, 1999, the Colorado Department of Transportation made several comments which need to be closely examined with regard to this application and are partially summarized here: 1 "Trip Generation, Sixth Edition, Institute of Transportation Engineers, is the only accepted material for determining site trip numbers." The Traffic Study submitted by the applicant used the fifth edition. "There is a discrepancy in numbers in the range of 6 to 25 percent increases between the fifth and sixth editions. The difference however, is negligible in it effect on the State Highway Access Code (2 CCR 601-1) requirements for access improvements." 2. "...although warrants are not met at this time, this intersection will meet warrants by 2020. (The 20 -year projection is required by the Access Code) It would be the recommendation of the Department to consider long-range plans in the area." Further specific comments regarding required highway access improvements were made which need to be closely examined and are contained in the attached letter (pgs. 34-44). At this time CDOT is prepared to issue an access permit, Permit #399164, with attached conditions (See letter) which must be adhered to in this application for a subdivision to provide adequate access to the subject property. City of Rifle Attorney (Leavenworth & Tester. P.C.. Attorneys at Law): In a letter dated December 16, 1999, as the City Attorney for the City of Rifle, the City Attorney states, "It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval." (See letter p. 45) --c Colorado Division of Wildlife: No comments were received. 5 N. U.S. West Communications: No comments were received. O. Emergency Management: No comments were received. N. MAJOR ISSUES AND CONCERNS 1. Water Supply: Since centralized municipal water is not currently available in the area, the applicant is proposing the use of three (3) wells to supply the eight (8) proposed commercial lots through a well sharing agreement. This new proposal is different from the original proposal of eight (8) individual wells, one for each proposed lot. In addition to the newly submitted information, a well sharing agreement would have to be entered into for any Final Plat approval. At this time, the Planning Department is in receipt of a letter dated November 26, 1999, from the Division of Water Resources as outlined above, which responded to the proposal of individual wells for each proposed lot which states, "...proposed water supply will \:J cause material injury to decreed water rights and is inadequate." In a follow-up letter dated December 22, 1999 responding to additional information submitted by the applicant, the Division of Water Resources states, "Review of this additional information indicates that the comments in our letter of November 26, 1999, still apply." The new information from the applicant proposing a well sharing agreement for the use of three (3) wells was submitted to the Planning Department on January 20, 2000, and a copy was forwarded to the Division of Water Resources on that day for review. To date, the Division of Water Resources has not responded to the new information. Flowerer, in a telephone conversation with Craig Lis of the Division of Water Resources, he will be reviewing the information as quickly as possible and responding with comments as soon as possible. Given that the Colorado Revised Statutes Section 30-28-136 (2) allows twenty-one (21) days from the date of mailing for the agency to respond, comments are not "due" until February 10, 2000. Thus, the Planning Department may not receive comments back until after the scheduled February 9, 2000 Planning Commission hearing. Also from a telephone conversation with Craig Lis, he instructed that until such time as new comments are received from 4. `- the Division of Water Resources, the current comments dated November 26, 1999, and December 22, 1999, stand for the Powerline submittal. Given this information from the Division of Water Resources, the applicant has not satisfied Section 4:91 (A) of the Garfield County Subdivision Regulations which states in part, "In all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision." In addition, the letter from the Division of Water Resources outlines other deficiencies in the information supplied by the applicant including: "The submittal did not include an estimate of water requirements." "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for this well." "...to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed." These issues all 6 need to be adequately addressed by the applicant for the Division of Water Resources to supply a favorable response to the applicant's water supply plan. In an analytical report of the water supply for the proposed subdivision, submitted by the applicant, and completed by John C. Kephart & CO., Grand Junction Laboratories, there is a note which states, "Exceeds water supply limits for Sodium, Sulphate, Dissolved Solids and Hardness. The overall mineral salt content is too high for human drinking water; treatment would be needed before drinking. Softening alone will not correct this problem, Reverse Osmosis is recommended." In addition, in a letter received from Michael Folse, a Colorado registered engineer, with regard to water quality, he states that the water sample used contained high levels of dissolved solids. He further states, "Dissolved solids are routinely removed using available reverse osmosis systems. The water quality with proper treatment should pose no risk to human health." Without reverse osmosis systems the water is not potable, thus, these systems will be required for any approved application. To this end, any approved covenants for this development must include the need for annual monitoring of the required reverse osmosis systems of each lot/building to ensure that the systems are functioning properly to supply potable water to each and every building/lot. The applicant has submitted a contract #990612RK (a) from the West Divide Water Conservancy District as part of their water supply plan. In a letter dated June 29, 1999, from the West Divide Water Conservancy District, submitted by the applicant, the letter states, "This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide," In conversations with Craig Lis, of the Division of Water Resources, he states that well permits are needed for every proposed lot before the comments received from the Division of Water Resources would change. At this time only one well permit has been issued for the subject property. Given the above information, it is clear that significant water supply concerns are present in this application at this time. Although it appears that the quality of the water available can be adequately treated through reverse osmosis, to make it potable, it is clear that proof of an adequate supply of water in terms of quantity and dependability has not been provided. Proof of adequate supply of water in terms of quantity and dependability must be provided by the applicant for Preliminary Plan review. 2. Zoning: The subject property is zoned Commercial General (C/G). Uses by right: Single-family, two family and multiple family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, 7 gardens, walls and similar landscape features; park; boarding and rooming house; hotel, motel, lodge; Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescents home; group home for the elderly. Office for conduct of business or profession, studio for conduct of arts and crafts, provided all activity is conducted within a building; Commercial establishments, as listed below, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automobile and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; Personal service establishment, including bank, barber or beauty shop; laundromat laundry or dry-cleaning plant serving individuals only; miniature golf course and Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation; General service establishment, including repair and service of automotive and vehicular equipment, vehicular rental, service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, mini -storage units, printing, publishing, plumbing, sheet metal and contractor's yard. General service establishment including lumberyard, motor freight depot and storage. Uses. conditional: Row house, home occupation; parking lot or garage as principal use of the lot. Plant for fabrication of goods from processed natural resources. 8 Uses, special: Automotive service station or washing facility; camper park; mobile home park; communication facility, correction facility. Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water impoundments, storage, commercial park; utility lines, utility substations; recreational support facilities. Plant for processing natural resources and agricultural materials into food and beverages; communication facility, correction facility. Salvage yard, water impoundments, automobile racetrack and material handling; recreation support facilities. Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under SupplementaryRegulations. Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%). The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10% o) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts. Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line for lots occupied by residential uses; seven and one-half (7.5) feet for lots with no residential occupancy; (3) Side yard: Ten (10) feet from side lot line or one half (112) the height of the principal building, whichever is greater. Maximum Height of Building: Thirty-five (35) feet. Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Minimum yard setbacks have not been identified on the submitted Preliminary Plan, these must be shown on any Final Plat submittal. In addition, no buildings can be constructed within the electric easements on the subject property, as such this should be clearly identified on any Final Plat submittal. The applicant has identified the proposed uses on the proposed eight (8) lots to be "a mix of business office, storage and shop uses". This is a very general description of uses and given the property is zoned C/G, any uses by right or by conditional or special use can potentially be located on the proposed lots. With this in mind, it is difficult to accurately assess impacts of the proposal specifically in terms of traffic generation and fire suppression water required (discussed later in report). This must be taken into consideration with any recommendation(s) made on this application. Section 5.01.02 (3) of the Garfield County Zoning Regulation deals with Minimum Off -Street Parking. In the original application received October 28, 1999, from the applicant, the applicant proposed on -street parking at a rate of 1.25 spaces per 100 square feet of commercial floor area. No off-street parking was proposed. To comply with Section 5.01.02 (3) of the Zoning Regulations, off-street parking must be supplied for retail and service commercial uses, as proposed by the applicant, at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area). For on -street parking to be allowed, the proposed access street must be designed in conformance with Subdivision Regulation 9:35 (7) Roadside Parking. After discussing this information with the applicant, a letter dated January 20, 2000 (See p. 46), was submitted by the applicant which states that "All off-street parking spaces will conform to the Zoning Resolution and will be created at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area), as required by Section 5.01.02 (3)." Further, no on -street parking is being proposed. This will satisfy the need for off-street parking. 3. Roads: Access to the subject property is proposed via an existing access point on Highway 6/24, where a private road approximately 600' in length with a cul-de-sac at the end will be built accessing each proposed lot. CDOT has stated that a new Access Permit must be issued for access to the subject property given the proposal for eight (8) new commercial/industrial lots. The private road is also proposed to run through and parallel to two (2) existing power line easements owned by Tri-State Generation and Transmission Association, Inc. The applicant has stated that an application to modify the existing access permit for the increased usage has been submitted to the Colorado Department of Transportation. In fact, any existing access permit cannot be modified, rather, a new access permit must be issued. In the letter received from CDOT, dated December 14, 10 1999, and briefly outlined above, CDOT is prepared to issue an access permit for the property with attached conditions which must be adhered to in order to ensure adequate access to the subject property. If the applicant accepts the conditions as specified by CDOT, the applicant must submit the $300 fee for the access permit to receive the permit, and then must satisfy all requirements of the issuance of the access permit as outlined in the Ietter from CDOT, dated December 14, 1999. At this time, the applicant has not submitted the $300 fee for the access permit to be issued. Thus, the applicant has not satisfied Section 4:60 of the Garfield County Subdivision Regulations which requires, "Evidence that all lots and parcels created will have -7 access to a public right-of-way, as required by Colorado state law." 4C) Since the-January 12, 2000 Planning Commission Hearing where the applicant was granted a continuance to the February 9, 2000 Planning Commission Hearing, several conversations have taken place between the applicant and the Planning Department and Mike Smith of CDOT and the Planning Department. The applicant has stated that they are revising their plan for access to the subject property which constitutes a new plan, and have submitted information to CDOT. To date, the Planning Department has not received anything in writing from the applicant regarding a change in their plans for access to the subject property. Further, in conversations with Mike Smith at CDOT, he states that until the Planning Department receives any new information from .CDOT, that the letter: dated December 14, 1999, stills stands as CDOTs comments regarding the Powerline submittal. A copy of an agreement between the applicant and Tri-State Generation and Transmission Association, Inc., to allow the applicant to build the proposed on-site 60 foot right-of-way within the transmission line easements, for access to the proposed eight (8) commercial lots has been submitted. This agreement will have to be followed by the applicant as outlined in the agreement as a condition of any Final Plat approval in order to satisfy Section 4:60 (C) of the Garfield County Subdivision Regulations which requires, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law." Given the submitted Traffic Study indicates an average daily trip generation of 1,761, the on-site access road will have to be constructed to meet Minor Collector standards as outlined in Section 935 of the Garfield County Subdivision Regulations. This includes a minimum right-of-way width of 60' and a minimum lane width in each direction of 12'. Given the above information, with regard to an access permit, it is clear that the applicant has not satisfied the need to ensure that all lots and parcels created will have access to a public right-of-way as required by Colorado state law, and as required for Preliminary Plan review. To satisfy this requirement, an access permit from CDOT will have to be obtained. 11 Waste Disposal: The applicant is proposing Individual Septic Disposal Systems (ISDS) for each proposed individual commercial lot. It must be noted that such systems, if used, can only be used to dispose of domestic waste water and cannot exceed 2000 gallons per day. In other words, any liquid waste produced by on-site operations other than domestic waste water must be disposed of as required by all pertinent laws and regulations, and not through the proposed ISDS's. To ensure that no more than 2000 gallons per day of volume passes through each ISDS, the covenants must clearly restrict the types of uses on the lots to those which will not exceed 2000 gallons per day. The letter received from the Department of Public Health and Environment, dated November 22, 1999, states, "...we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility...We suggest that Garfield County request the applicant to examine other wastewater disposal options besides ISDS for each lot." With these comments in mind, Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." The above continents from the Department of Public Health and Environment are not favorable. This clearly dictates that the submitted Preliminary Plan, cannot be given a favorable recommendation (recommendation for approval). On January 26, 2000, at approximately 4:45 p.m., the applicant faxed new information in response to the letter received from the Department of Public Health and Environment dated November 22, 1999, and in response to staff's response to the letter. This information was sent to the Department of Public Health and Environment on February 27, 2000 requesting their response to the new information. To date, the Department of Public Health and Environment has not responded to the new information. Given that the Colorado Revised Statutes Section 30-28436(2) allows twenty-one (21) days from the date of mailing for the agency to respond, comments are not "due" until February 17, 2000. Thus, the Planning Department may not receive comments back until after the scheduled February 9, 2000 Planning Commission hearing. Further new information supplementing the information received from the applicant dated January 26, 2000, was received on February 1, 2000. This information was sent to the Department of Public Health and Environment on February 1, 2000 requesting their response to the new information. Again, given the above noted C.R.S. regulation, comments on this latest information are not "due" until February 22, 2000, well after the scheduled February 9, 2000 Planning Commission hearing. Given that no new information/comments has been received from the Department of Public Health and Environment, the Ietter of November 22, 1999 stands as the current comments from the Department./thus, the above discussion regarding waste disposal is still valid for this application. � - PU C. 04 12 i^.4_ 4cifi_ _ 0 p, The following information is further pertinent information regarding waste disposal, but is only pertinent should a favorable response from the Department of Public Health and Environment be received at a later date and this application be resubmitted. In other words, the following information is to give more background information on waste disposal for the application but is superceded and "over ruled" by the paragraph above. The subject property is bordered on the west by Cottonwood Springs Mobile Home Park which has a central sewer system. This is the reason why the subject property has been identified as being within District B SubdivisionsfRural Serviceable Areas, Good Ability to Absorb Growth. The applicant has stated that they want to use ISDS's instead of hooking up to the Cottonwood system. However, the Garfield County Comprehensive Plan is very clear in stating in the Technical Services section of District B - Policy: "Developments which are within a Rural Serviceable Area having a central sewage system shall utilize this system whenever feasible." Further, the letter received from the Department of Public Health and Environment, dated November 22, 1999, stated, "... we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility." To satisfy the Comprehensive Plan requirement, the applicant must either hook up to the Cottonwood central sewer system or show that it is infeasible. To show that connection is infeasible, either the Cottonwood Mobile Home Park would have to deny the applicant the opportunity to hook up to their system, or the applicant would have to prove hook-up is fiscally infeasible. If Cottonwood denies access, a letter to this effect from Cottonwood would be required as proof of denial. Fiscal infeasibility would have to be proven with a well documented report from the applicant. The Garfield Comprehensive Plan also states within the District B - Policy section: "New development shall ensure that the system is not overburdened and put over its treatment capacity as a result of the additional demand caused by the development. Central sewer systems which are extended to serve new development and are near or at capacity shall be improved by the proposed development so that adequate and safe service levels are maintained." Again, this will apply to the subject proposal unless the applicant can prove this is fiscally infeasible given an opportunity to hook up to the Cottonwood system. At this time, no proof of denial from the Cottonwood Mobile Horne Park or a report substantiating fiscal infeasibility has been received from the applicant. Thus, the proposed subdivision is required to hook up to the Cottonwood Mobile Horne Park sewer system or submit a letter of denial from Cottonwood or submit a report substantiating fiscal infeasibility. The following information pertains to ISDS's as they have been proposed by the applicant. However, this information will only be pertinent should ISDS's be used, 13 given the discussion above. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotech notes that, "Based on the subsurface conditions encountered and percolation test results, a civil engineer should be engaged to design the infiltration septic disposal system." In addition, in a letter dated November 22, 1999, from the Colorado Department of Public Health and Environment, as outlined above states, "...soils and depth to groundwater are such that mounded systems need to be engineered." The management plan submitted by the applicant is sufficient, but must be included in any covenants for the subject property. Given the above information regarding ISDS's, if they are to be used, it is clear that engineered ISDS's must be installed on each lot to accommodate any and all domestic waste disposal. Any and all liquid waste other than domestic, must be disposed of as required by all pertinent laws and regulations. Conclusion: Given the clarity of Colorado Revised Statute 30-28-136(g), this application cannot be recommended for approval. 5. Soils/Geology: The site is relatively flat with a slight slope down to the south with a total elevation difference of about 15 feet. The site, as indicated in the USDA Soil Survey of the Rifle Area, is located entirely within map unit 40, Kim Loam 3-6 percent slope. This deep, well drained, gently sloping soil is found on alluvial fans and benches. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotechnical on the subject site revealed the need for some design recommendations which should be adhered to in the construction of any buildings on any of the proposed eight (8) commercial lots with specific regard to foundations, floor slabs, and underdrain systems. In addition, a recommendation was made regarding surface drainage and the drainage plan for the subject site including: "To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted." (See Preliminary Geotechnical Study and percolation Testing report prepared by HP Geotechnical). These recommendations,. as well as those discussed later specifically regarding the drainage plan will be conditions of approval for any Final Plat. As noted above, a letter received from the Colorado Division of Minerals and Geology, dated November 17, 1999, stated, "...each building envelope should be examined with one or more boreholes from which samples are collected for 14 geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with further specific recommendations which should be followed in the construction of buildings on the subject property. The recommendations made by HP Geotechnical and the Department of Natural resources regarding the construction of buildings on the subject property will be conditions of approval of any Final Plat. 6. Fire Protection: The letter received from the Rifle Fire Protection District dated November 23, 1999 states five recommendations: 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. These five (5) recommendations will be conditions of approval of any Final Plat. The information submitted by the applicant did not detail exactly how fire protection would be provided. The document only stated that they would provide protection measures as may be required. This is insufficient. The applicant must detail exactly how fire protection will be provided with specific regard to the required minimum 180,000 gallons of fire protection water needed on site and the other four (4) recommendations provided by the Rifle Fire Protection District as outlined above. In response to these comments from the original staff report for the January 12, 2000 Planning Commission hearing, the applicant has submitted a letter dated January 26, 2000 (see p.47), which states essentially that recommendations 1 through 4 above will be complied with. This information is still inadequate. The applicantmust submit detailed information regarding but not limited to the location of the 180,000 gallon storage tank, how water will be supplied to the tank and how that water will be supplied to individual lots. This information is required to adequately evaluate proposed fire protection and must be included in a detailed water supply plan. This information must be submitted, reviewed and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. 15 7. Garfield County Comprehensive Plan: Section 433 of the Garfield County Subdivision Regulations requires that the Board of County Commissioners make a decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the Garfield County Comprehensive Plan, The Subdivision Regulations require that the Board review an application based on compatibility with various issues including the Comprehensive Plan. The following comments will address the project's compatibility and non -compatibility with these applicable portions of the plan: Concerns and Needs: The concerns and needs section of the Comprehensive Plan identifies the need for industrial growth which supports the application in providing eight (8) new commercial/industrial lots. Industrial/Commercial: Goal: To maintain and support the existing economic base of the county as well as to provide for a diversified economy to broaden employment opportunities and ensure the stability of the region. The development of the proposed eight (8) new commerciallindustrial lots will support the above goal by maintaining and supporting the existing economy and providing further diversification and more employment opportunities to ensure the stability of the region. Objective 6: Encourage industrial expansion where similar development already exists in appropriate areas, i.e., within or adjacent to platted industrial parks, within designated industrial zones in existing towns, or adjacent to existing similar development. The subject property is within District B as designated by the Garfield County Comprehensive Plan which identifies the district as having "good ability to absorb growth", which supports the property as an appropriate area for development. In addition, the City of Rifle Comprehensive Plan designates the property as County Industrial, supporting it as an appropriate area for commerciallindustrial uses. By supporting the above goals and objectives, and addressing the need for more industrial growth, this application is in general conformity with the Garfield County Comprehensive Plan. 16 8. Rifle Comprehensive Plan: As stated above, the Rifle Comprehensive Plan designates the subject property as County Industrial which supports the proposed commercial/industrial use. Further, the letter received from the City of Rifle states, "...the City does not oppose this proposal...", lending support to the application. 9. Vegetation: In a memorandum received from the Garfield County Vegetation Management, dated November 29, 1999, Steve Anthony states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, Schedule of treatment, Plans of foliowup, Name applicator that will do the work." These recommendations will be a condition of any Final Plat. 10. Drainage Plan: As briefly discussed earlier, the Preliminary Geotechnical Study and Percolation test conducted by HP Geotech contained some recommendations regarding the drainage plan for the application. The report stated, "The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Potential overflow from irrigation ditches should also be considered in the drainage plan." These recommendations will be conditions of approval of any Final Plat. 11. Wildlife; No comments were received from the Division of Wildlife, thus, it is assumed that no concerns are present regarding the subject proposal. 12. Radiation: The gamma radiation readings taken by HP Geotechnical show that no radiation mitigation should be required. Thus, there is no radiation concern on the subject property. 13. School Fees: School fees in the amount of $200.00 for each lot created for a total of $1,600.00 will have to be paid as a condition of any Final Plat. 14. Road Impact Fees, as to be determined, will need to be paid as a condition of any Final Plat. 17 V. SUGGESTED FINDINGS, 1, That the proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the proposed subdivision of land does not conform to Colorado Revised Statute 30-28-136(g). 4. That the proposed subdivision of land does not conform to the Garfield County Subdivision Regulations, specifically Sections 4:60 (C), and 4:91 (A). 5. That all data, surveys, analysis, studies, plans and designs as are required by the State of Colorado and Garfield County have not been submitted and, in addition, have not been found to meet all requirements of the Garfield County Subdivision Regulations. 6. The proposed subdivision is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI. RECOMMENDATION Staff recommends DENIAL of the proposed subdivision of land based on the following: I, Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which thears plan is referred has made a favorable recommendation regarding the proposed 'vti ,j method of sewage disposal." The department of health (department of Public Health r Environment) has submitted a letter dated November 22, 1999, which is not Yvo �(,tl favorable as discussed in this report. 2;' Section 4:91 (A), of the Garfield County Subdivision Regulations, requires, "In all ,, instances, evidence that a water supply, sufficient in terms of quality, quantity and 4, dependability, shall be available to ensure an adequate supply of water for the `' �i L^. proposed subdivision." The applicant has failed to meet this requirement as st1' f discussed in this report. J so v-1A Section 4:60 (C), of the Garfield County Subdivision Regulations, requires, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by state law." The applicant has failed to meet this requirement as discussed in this report. �a. STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/cfefault.htm Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 November 26, 1999 8i1l Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Re: Powerline Professional Park, Subdivision 'Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed the above referenced proposal to subdivide a parcel of 29,5 acres into eight commercial parcels, which under existing Commercial/General zoning can be used for a variety of uses. The applicant proposes to supply water to each lot with individual wells, and stated that a single well permit application was submitted to this office, to be issued pursuant to a contract with the West Divide Water Conservancy District, Sewage disposal is to be through individual septic systems. The submittal did not include an estimate of water requirements. Permit No. 52391-F was issued on October 21, 1999, for the use of one acre-foot of water annually for drinking and sanitary purposes inside commercial businesses. However, we have not received a Well Completion Report, Pump installation Report, or Statement of Beneficial Use for this well. If these documents are not receive prior to October 21, 2001, the well permit will expire and be of no effect. Although additional well permits for this area may be available if the well is included in the District's temporary substitute supply plan, no additional well permit applications have been submitted for review by this office, and there is no guarantee that well permits can be issued, Furthermore, to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed. A letter from Collins Well Drilling and Pump Company indicates that the well produced an average of 30 gallons per minute over a four hour period on October 4, 1999 if the proposed additional wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1 )(h)(I), that the proposed water supply will cause material injury to decreed water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWKICML/Powerline Pr6fessional Park.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 httpliwater.state.co.uskiefault.htm Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 December 22, 1999 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Re: Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed the additional information regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. This information included a copy of Well Permit No. 52691-F, (which was incorrectly referenced as 52391-F in our letter of November 26, 1999), a copy of an approved Application and Data Form to Lease Water from West Divide Water Conservancy District (the District), and a letter from the applicant (Mr. Robert Klein), dated December 14, 1999, delivered to this office via facsimile. Permit No. 52691-F was issued on October 21, 1999, for the use of one acre-foot of water annually for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved lease. Mr. Klein's letter of December 14, 1999, implies that each parcel will be supplied by an individual on lot well. Review of this additional information indicates that the comments in our letter of November 26, 1999, still apply. Also note that the plan to use individual on lot wells may be acceptable so long as the intended water use is allowed by the well permits. Please resubmit the water supply plan for our review after the well permits are issued so that we may provide your office with informed comments. if you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWKICMLIPowerline Professional Park ii.doc cc: Oryn Bell, Division Engineer James Lemon, Water Commissioner, District 39 RECEIVED DEC 2 7 sas Jan 27 90 02:36a DEC 14, 1999 bob 504 000 0000 Dte 43 199,9 4.4,,p •ccri 31 261' STREET, KENNER, LA 70062 TEL 504 467 3407 FAX 504 467 0077 F. 0. BOx 1198. RIFLE CO., P. O. Bo'< 1198, RIFLE, CO 81650 TEL & FAX 980 625 2956 DIRECT LINE 504 453 6077 E MAIL FHOENECCES@AOLCOM FAX LETTER TO:303 866 3589 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRON,AENTS WATER QUALITY DIVISION ATT: MR CRAIG LIS DEAR MR LIS RE: POWER LINE PROFESSIONAL PARK -OUR CONVERSATION 99/12/13 SUBJECT: LETTER DATED NOV 26,1999 FROM KENNITH W KNOX TO MARX BEAN - CONFIRM NG OUR CONVERSATION IT IS MY UNDERSTANDING THAT THE REASON FOR THE POSITION TAKEN IN THE ABOVE REFERENCED LETTER TO THE EFFECT "THAT THE WATER SUPPLY IS INADEQUATE AND THAT THE PROPOSED WATER SUPPLY WILL CAUSE MATERIAL INJURY TO THE DECREED WATER RIGHTS " WAS BECAUSE ONLY ONE WELL PERMIT HAD BEEN ISSUED FOR 8 PROPOSED PARCELS. AS I MENTIONED WE DID NOT UNDERSTAND THE REQUIREMENT THAT ALL EIGHT LOTS HAVE WATER WELL PERMITS IN PLACE. WE HAVE TSE, AND ARE PROCEED] iG TO ACQUIRE 5 ADDITIONAL WESTERN DEVIDE CONSERVATORY DISTRICT WATER ALLOTMENT CONTRACTS FOR THE ADDITIONAL PARCELS. WE WILL BE APPLYING FOR THE SEVEN ADDITIONAL WELL PERMITS SHORTLY. THANK YOU FOR YOUR TIME, CONSIDERATIONS AND DIRECTION. YOURS VERY TR WE SLOPE ► VELOPMENT LTD. .ROBE' 0 EIN, COO RECEIVED DEC 2 7_1992 0.1 202 RAILROAD AVENUE • P.C. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 •• FAX (970) 625-3210 December 3, 1999 Garfield County Planning Commission & Board of Commissioners '109 8th Street • Glenwood Springs, CO 81601 RE: Commercial development in unincorporated areas near the City. Dear Garfield County Planning Commission & Board of Directors; Recently the City was noticed for comment from theGarfield County Planning Department concerning • the Powerline Commercial Park, just to the east of Rifle. The developer contacted the City last summer _ , to determine if any City services might be available in this area. It was the City's view that services would not be available in the foreseeable future in this area. Consequently, the developer has begun the subdivision process at the County level. We have been noticed of this action by the County as is falls well within our three mile" area of influence. This is, therefore, our opportunity to comment to the Garfield County Planning Commission and Board of Commissioners. Following discussion by the City Council at its Dec 1, 1999,Regular meeting it was determined that the City does not oppose this proposal and that it would ask the County to consider the following concerns • • The City supports the creation of jobs and tax base in and around Rifle. The City would expect the County to take appropriate measures to ensure that the effects of this development would create no short or long term damage to this area (visual, environrnent, social, etc.) One specific concem'of the City is that Rifle's primary domestic•water intake is in close downstream proximity to this project, and this area has a relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. The City would request that as this parcel is developed the requirements of the Rifle Municipal Code, Title 17 and the Rifle Public Works Manual be followed. The City would expect at some date that this area may be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City developmen standards. cc: Board of Commissioners Garfield County Planning Commission Rifle City Council RECEIVED 'DEC 0 6 :k . Mayor `:71FIELD COUNTY 7:,;'-r.:7%.;(:::DEPARTMENT i.:11-1 ST. SUITE 303 GLENWOOD SPF NGS, CO 81601 • STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver CO 80230-6928 Located in Glendale, Colorado (303) 692-3090 http://www.cdphestate.co.us November 22, 1999 Mark Bean, Director Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Subdivision Preliminary Plan for Powerline Professional Park Dear Mark: Colorado Department of Public Health and Environment We have reviewed this proposal for 8 commercial lots along Highway 6&24, just east of the Cottonwood Springs Mobile Home Park. We have also spoken to John Barbie of West Slope Development about wastewater treatment issues for this proposed business park. Similar to our October 27, 1999 letter on the nearby Rifle Commercial Center, weirewtriffend that the County request fLtrther.evaluation by'the'applicant ofpossible-wastewater treatment �. service from the Cottonwood Springs MHP "facility. M It appears that the City of Rifle will not consider accepting wastewater from entities outside the City and the cost of a sewer line, lift station and force main to connect with Rifle would be substantial. We noted in the Powerline Park analysis that percolation tests performed for the intended ISDS for each lot, revealed that soils and depth to groundwater are such that mounded systems d needtvjbe,engineered. That is one reason why connection to a wastewater treatment facility may be a better, long-term alternative. We suggest thaiGarf et Corin) rrequestthe applicant toe it a other wasfe"wit r disposal options besides ISDS for each lot. Please contact me if you have any questions at (303) 692- 3583 or email at bill.mckeeC).state.co.us. Thank You. Sincerely, William A. McKee Upper Colorado Watershed Coordinator Water Quality Control Division cc: John Barbie - West Slope Development John Schenk, Manager - Cottonwood Springs MHP Patricia Hopkins - Planning Director, City of Rifle Dwain Watson - Water/Wastewater Technical Services, WQCD 13 G' 111 EO 103\I 2 4 S BOOKCLIFF SOIL CONSERVATION DISTRICT PO BOX '1302 GLENWOOD SPRINGS, CO 81502 (970) 945-5494 Garfield County Planning Commission 109 8th Street Glenwood Springs, CO 81602 November SO,. 1999 Dear Sir: At the regular monthly greeting of the Bookcliff Soil Conservation District, the Board reviewed the application and plan for -the Powerline Professional Subdivision. The Board is concerned about noxious weed control. In Powerline Professional Park's proposal, they stated that there is an infestation of yellow toadflax, Common Burdock, Leafy Spurge, and Musk Thistle, due the lack of stewardship of the land. The Board suggests that this subdivision contact Garfield County Vegetation Management for proper weed control of these noxious weeds. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should be used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The soils map in the Preliminary Plan did not include the land involved. Enclosed please find the correct information. Si erely, Charles Ryden, 'President Bookcliff Soil Conservation District RECEIVED DEC I) 2 1999 C9 F. i / •'-s • v` 51 9 66 55 30 54 -. • C 5 6 65 65 72 27 i•?: Nov. -29-99 10:56A Garfic1d County Extent ion 970-625-3917 P.©2 MEMORANDUM To: Mark Henn Front: Steve Anthony Re: Powerllne Professional Park Date: No+venaber 29, 1999 Mark, In Section 3F (Wildlife and Vegetation) the applicant lists the presence of the following noxious weeds: Yellow toadfiax. Common burdock Leafy spurge Musk thistle Burdock and musk thistle arc fairly common throughout Garfield County and may indeed be found on the site. Yellow toadflax and leafy spurge are known to be located in Garfield County, however the presence of these plants at this site would be new locations to staff. ;Since toadflax and ,purge lrrenot known to be irrthis'area; it is essential to 44um>.-nt, ex.aellywhere.they'are-on .this site % se.rcqucvt that the applicant provide documentation as to the specific location of the toadflax and spurge. If these plants arc located in an area of the site that will rck he do vck ped, please have the applicant submit a treatment pian for the yellow teadflax and leafy spurge. The plan roust include the wing; Method of tn.-Arno-It. 1 r chemical treatment, state name of herbicides and rates. Schedule of treatment, Plans for tallowy. Name applicator that will du the work. STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (303) 866-2461 Mr. Mark Bean Garfield County Planning 109 8th St Suite 303 Glenwood Springs, CO 81601 November 17, 1999 Re: Powerline Professional Park CGS Review No. GA -00-0005 Dear Mr. Bean: GA -00-0005 D 11171171A1 DEPARTMENT OF NATURAL. RES©URCa Bill Owens Governor Greg E. Walcher Executive Director Michael B. Long Division Director Vicki Cowart State Geologist and Director In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to review the plat. A Geologic Study and Percolation Test Report prepared by Hepworth-Pawlak Geotechnical (October 1999) was included in the referral. The site consists of fairly flat ground that slopes gently to the south. 1) Soil. The soil is composed of slopewash derived from the Wasatch Formation. Alluvial gravel is present at a depth of 9 to 16 ft below ground level. The soil consists of varying amounts of silt, fine sand, and clay, and the characteristics are variable, as shown by the test results reported by H -P. Potential problems for construction may include swelling soils, and low-density, low -strength soils. As the property has been irrigated in the past, the potential for hydrocompaction in the soils is reduced from what it might have been. To better characterize the soil variability, each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively m order to mitigate the most severe conditions. H -piles driven into the underlying gravel are appropriate foundation types for heavily -loaded structures on problem soils. Spread footings are possible where soils at the foundation level (and 5 ft below this elevation) are non -expansive and non -collapsing. The allowable bearing pressure of the footings should be determined from the strength measurements of the soil. Post -construction damage can occur in floors, sidewalks and roadways if the soils settle or swell after development. Where moderately and highly expansive soils are present beneath proposed floor spaces, structural wood floors should be considered, or the native soils should be overexcavated and replaced with an acceptable fill. Problem soils beneath exterior flatwork may be similarly overexcavated or chemically treated to reduce the potential for volume changes. RECEIVED NOV 2 2 1999 2:1 Powerline Professional Park, p.2 2) Drainage. The flat nature of the property and the high clay fraction of the soil increase the likelihood of water ponding. Water is a catalyst in initiating soil problems. Grading for the site should assure that positive drainage is effected around building envelopes and septic system sites. In the subsurface, a perimeter drain should be included with subgrade construction to protect against perched water. These drains are generally allowed to daylight, but the flat topography, may make gravity discharge difficult. In. such cases the drains should be connected to a sump pump. 3) The percolation test results indicate that engineered septic systems will be required for the site. This is stated in the H -P report. In summary, the site can be successfully developed if structures are designed to accommodate the soil characteristics and if drainage is managed. Please call me if there are any questions. ours truly, Celia Gree Geologist 2 °Public Service Public Service Company of Colorado November 16, 1999 1995 Howard Avenue Rifle, Colorado 81650 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Attn: Mark Bean Dear Mr. Bean, I am in receipt of your review material from Western Slope Development regarding the Powerline Professional Park located east of Rifle, Colorado. Public Service Company has no material objections to the development, however there are some issues you may wish to discuss with the developer. According to the preliminary plat, there is a 60accesileasement which has been declared for utility installation also. We would prefer to have that denoted on the final plat either in the descriptive wording or denoted on the platted subdivision copy itself. This alleviates future misunderstandings and ensures that utilities can be installed without further effort on the part of the developer to provide an easement after the fact. Based on the sixty foot R.O.W.,.how much of this will be paved? We would prefer to place our above ground facilities (re: transformers, street lights, etc.) within the platted easement, but far enough away to ensure that traffic does not interfere with the operation of those facilities. If the right-of-way is paved for forty feet, thus leaving us ten feet on either side, there is no problem. If the full width of the right-of-way is to be paved, we would require an additional ten -foot utility easement for placement of our facilities. RECEIVED NOV 18 1999 a Pubiic Service Public Service Company of Colorado Therrte pis Jno .distribution \3gas lin $- Highway '-6 -P& :024 r#'at present. If this development is to served with natural gas, it would come from either County Road21,to :the ,n©rth,,,or :(depending,on-loads),Cottonwood#Trailer``Park to the west. Should either -of these -be rthe +ease, easements willbe mece"ssdi for the placement of facilities`to-this develop t enb The °berms. which are required for the the highway line of sight, should be far enough removed from the existing overhead distribution line. However, if the berms are moved toward the highway, they must not interfere with the access and operation of these facilities. Should this happen and necessitate the relocation of these facilities, the customer will be charged relocation fees. I -wee place *facilities..invthe gsixty*footar:o:wmprovidedmou nay -w'i `h''to discuss.whaticrequ rements-roverAand*abovesyour licensingeagreementmwith TriStaterjllbe.Arequiredt. We do not wish to create unnecessary encumbrances to Tri-State or the customer licensing agreement. If you have questions or concerns, please do not hesitate to ask. I will be happy to discuss them with you. I can be reached at (970) 625-6019. Sin Pa • iacoletti, Planner Garfield County Operations Center Rifle, Colorado 30 r • r .c',•' �_s_ GarjlthE 5cho�[,¶fJistrictSN�. e= - — ..",Iennard Eckhardt 5uperinteudent � v gawrcnce (D. (c Bride associate 8up¢rtntendent _- - _Novembe(9, 1999: , Garfield County `planning Department 109 8th _Street, Suite 393 _ -� Glenwood Springs,_CO 81601 ' To Whorn It May Concern: ~'rte 'I have reviewed,the Preliminary Plan proposal for the Powerline Professional Park •-2 .which is -going before the planning_ commission, At this time -"there are no concerns or comments. , _ , Cl - Yr _ -- Sincerely, L Lennard Eckhardt Superintendent • ere- RECEIVED NOV 1 0-19991 r i 6 839 cVVFuteriver ,avenue. 'i [e. Cororado 81650-3500 (970) 625-1595 .max 625-5491 , THOMAS P. DALESSANDRI Sheriff Date: November 10, 1999 To: Building and Planning From: Tim Sears, Undershe Re: Powerline Professional Park Application GARFIELD COUNTY SHERIFF'S DEPT. P.O. Box 249 • Glenwood Springs, CO 81602 (970) 945-0453 Fax (970) 945-7651 After review of the attached application, the Garfield County Sheriffs Office has no concerns or coulLflents. -3a- 12/13/1999 17:48 9705252963 RIFLE FIRE PROT DIST PAGE @2 RIFLE FIRE PROTECTION DISTRICT November 23, 1999 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Attention: Mark Bean Reference: Powerline Professional Park Mark, The Rifle Fire Protection District has recently reviewed the proposed Poweriine Professional Park Subdivision East of Rifle. It is tete District's understanding that the intent is to take one 29.5 acre parcel and develop it into I commercial lots. The District further- understands that it, is unknown what types of oommaaciakoccupancies will be placed on the individual lots. Tlic proposed subdivisions i9 witltitt,she boundaries of the Rifle Fire Protection Distn * and Rao and emergency n,edicallervices are provided by the District. In order to imporeAse our aibility to provide'thase =vices, tyke District makes tivrr the following recorr}mend&tions: 1. A rninimumef X80.000 gallons of fire protection water is ed on site. 2. Hydrants itathuld bespaced a maximum of 500 feet from a e. Hydrants are to be capalyle of previdirig a minimllum of•1500 gallons peOmi{tute at 20 PSI residual pressure. 3 . The main rata as v*ll as individual driveways..are to bif constructed to accommodate the heavy weightsafire apparatus duifhg adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4 Addresses are to be posted in a-conspicuous..1OCation so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. This plan review has been conducted at a stage that it is difficult to identify what types of occupancies may be constructed on the individual parcels. Therefore, the minimum requirements have been specified Additional items may become necessary depending on the type of construction and use of the buildings. Thank you in advance for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, ?vfike M rgan District Chief Telephone (970) 625-1243 • Fax (370) 625-2963 1850 Railroad Avenue ■ P.0. Box 1133 • Rifle. Colorado 61650 r 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC 101 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic Section 222 South 6' Street, Rom 100 Grand Junction, Goioreda 81501 (970) 248-7230 December 14, 1999 Jeff Laurien Garfield County Planning Department 109 8`h Street, Suite 303 Glenwood Springs CO.81601 Post -it` Fax Note 7671 006 I2Er ilpageBb` 11 1-°*AerF LAWRI From t -''1110E S1'1'r'T4 Cof"°p'- 'F,ANta t NS L CO- G 001— Phone aLr to 4 —TtZ Phone II c flo 4 ,7z3o ��z.++ 71 l[0- Fax 4 l r' 'S'� '- 115 Fax a -1 zee 241 RE: Powerline Professional Park Subdivision Preliminary Plan Western Slope Development -- John Barbie Dear Mr. Laurien, After reviewing the Preliminary Plan submitted by Western Slope Development I would like to offer the following comments: • Trip Generation Report— As per 2 CCR 601-1 § 1.7(1) incorporation by Reference, Trip Generation, Sixth edition, Institute of Transportation Engineers, is the only accepted material for deterrn g site trip numbers. Later editions of `Trip Generation' may not be relied upon. There is a discrepancy in numbers in the range of 6 to 25 percent increases between the fifth and sixth editions. This difference however, is negligible in its effect on the State Highway Access Code (2 CCR 601-1) requirements for access improvements. • Required Highway Access improvements — In overall terms, I agree with the approximate numbers offered for turning -movements, however, requirements of the State Highway Access Code indicate other than minimal impacts to US Highway 6. • After reviewing 4C-10.3 Warrant 11, Peak Hour Volume (Page 4C-8, Manual on Uniform Traffic Control Devices, MUTCD) Figure 4-6, and using 1998 CDOT numbers for this location (3344 AADT - 1.4 20yr Factor — 12% DI -TV) it becomes apparent that although the warrants are not met at this time, this intersection will meet warrants by 2020. (The 20 -year projection is required by the Access Code) the same is true for 4C-3 Warrant 1, Minimum Vehicle Volume Warrants. It would be the recommendation of the Department to consider long-range plans in this area. • The current Access Category as described in 2 CCR 601-2, The State Highway Access Category Assignment Schedule, is R -A, or Rural Major Arterial, • § 3-8(5Xa) — Requires 12 -foot left -turn deceleration lane with taper and storage length totaling 800 feet. (The Department prefers a 4:1 bay -taper with extended full width • ;:'fti'ti T ;'r1i1;1,. ,-t,hs;n l')eswtan 1 �. , 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC Poweriine Professional Park Western Slope Development — John Barbie Continued, Page 2 auxiliary lane) Design of this auxiliary lane will also include a 4 -foot painted median.. • § 3.8(5)(b) — Requires a 12 -foot right -turn deceleration lane with taper and 4 -foot shoulder totaling 600 feet in length. • § 3.8(5)(c) — Requires a 12 -foot right -turn acceleration lane with taper and 4 -foot shoulder totaling 960 feet in length. • § 3.8(5)(e) — Due to high volumes of traffic along US Highway 6, the department may require a left -turn acceleration lane with taper totaling 960 feet in length. • 55:1 Redirect tapers will be required as needed to accomrnodate through traffic. • State Highway Access Permit — As presented in Appendix E, I have received an original application for access and find no immediate reason to deny this application. I am attaching a copy of State Highway Access Permit N° 399164 as offered to Robert 0. Klein..Thei .p_phcant needs to review the terms and conditions, sign and return the permit with payment to the Departmnt__;This permi.t.shall,replace all others in ezistence-for thisprppetty: Be advised that acceptance of this permit will also acknowledge that no further access shall be considered for this subdivision_ 1,■1 Before a design may be finalized on this access, a revised Traffic Impact Study and Signal Warrant Study confirming to the requirements of the Access Code will have to be submitted to the Department for its review and approval_ I appreciate the opportunity to comment at this late date and If there are any further concerns or questions, please feel free to contact this office at the above referenced address and number. Sincerely, Mike Smith Region 3 Access Manager xc: Nall File ! ;+ I'\ N i` m ",1;+1.1:'r !'2' Ste4:'.mr ic! ic% 1.. IO2 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC Tri.. Generation Re DEPARTMENT OF TRANSPORTATION Region 3 Access Manager 222 Scut 6' street Grand Junction, Colorado B1501 (970) 24&7230 Powerline Professional Park Summary of Trip Generation Calculation For 29.5 Acres of Industrial Park December 14, 1999 Average Standard ,Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 63.11 62;.04 1.00 1862 7-9 AM Peak Hour Enter 8.44 0 0O 1.00 249 7-9 AM Peak Flour Exit 1.73 • 040- 1.00 51 7-9 AM Peak Hour Total 10.17 : • • '6.49 1.00 300 4-6 PM Peak Dour Enter .2.20 0.00 1.00 65 4-6 PM Peak Hour Exit 8.27 0.00 1.00 244 4-6 PM Peak Hoerr Total10.47 7.27 1.00 309 Saturday 2 -Way Volume 34.23 41.91 1.00 1010 Saturday Peak Hour Enter 1.51 0.00 1.00 45 Saturday Peak Hour Exit 3-20 0.00 1-00 94 Saturday Peak Hour Total 4.71 2.23 1.00 139 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 5th Edition, 1997. AADT Posted Speed 20 -yr Factor DFM PHV Category L}McccsiArip 5 ttmp.doc TRIP GENERATION EY MICROTRANS Maximum Peak Hour Traffic 125/32 175145 IIMIPM 20 YR 3344 55 1.4 12 560 R -A 251122 35/171 124133 174413 2e/122 36/171 I03 ort CtrateJ b72, Mikr Smith 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC e04 COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT COOT Permit No. 399164 StI-ligtiway NowSide 006/093.500fL Permit lee 300.00 Cat u of transmittal 12/15/1999 Regloratrok 03/02/10 Local JUrisidtction Garfield County • The Permlttee(s); Robert 0. Kliein P.O. Box 324 Silt, CO 81652 970-876-5242 Applicant: Robert 0. Kliein P.O. Box 324 Silt, CO 81652 970-876-5242 is hereby granted permission to have an access bD the state highway at the location noted t3elow. The access shall be constructed. maintained and used accordance with this Permit. inducting the State 1-Cogrivray Access Code and any attachments, terms, conditions and ex:tubas, This permit may be revoked by the iSsUirig authority If at any time the permitted access and it use vidate any partsi Thi s permit The issuing auttioriV, the Department and their duly appointed agents and employees shaft te held harmless against any action for personal iniury r property damage sustained by reason of tr.e exercise of the permit Location: On the north side of 1JS highway 6, a distance of 2500 feet west from Milepost 94. Access to Provide Service to: Industrial Park 30 Acres 100.00 % 1. Other terms and conditions: See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (x) Dale Title s Upon the Signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained Herein. M construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terrns and conditions of the permit prior to Being used. The permittete shall notify Bryan Geld( with the Colorado Department of Transportation In Rifle at 970-625-2286 at least 48 hours prior to commencing construction within the State Highway right-of-way, The person signing as the pennittee must be the ovRier or legal representative of the property served by the permitted access and have full authority to Accept the petit and OS 17brniS and CtreditiOnS., Permit:Ina OK} Dale This permit is not valid until signed by a duly authorized representative of the Uepartrnent_ COLORADO DEPARTMENT OF TRANSPORTATION By (x) Mao (of laws) Tnie Access manager Copy DEstribudoe: Requicart 1 Re9ori ZAppiloant &Staff Acceths Sectrcon Make =plus es necessary kyr U:cal rwrioriry kispeclor OATCE Pairol Truffle Engineer Previous editions are otddiets arui rnay net be used COOT Fern% ame State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Coda. These are provided for your convenience but do not alleviate compliance with ail sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the Issuing authority made Its decision based In part on Information submitted by the applicant, on the acaees category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocatlon or suspension of the permit. APPEALS 1, Should the permittee ar applicant object to the denial of a penrrilt application by the Department or object to any of the terms or conditions of a pernnit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission (of Colorado). To appeal a decision, submit a request for admtnislrabve hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East. Arkansas Avenue, Denver, Colorado 8022.2- 3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee ar applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of Including within the appeal a request fore review by the Department's internal administrative review committee pursuant to (Code] subsection 2.10. When such committee review Is requested, processing of the appeal for formal admtnIstrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, ar the appellant submits a request to the Commission or the administrative law Judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of dental or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access Is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within ane year after the permit Issue date, the permittee may request a ane year extension from the issuing authority. No more than two one-year extenstons may be granted under any circumstances. if the access is not under construction within three years frorn data of Issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the Issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction Is anticipated, and Include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person washing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.41 2. The constnrcllon of the access and its appurtenances as required by the terms and conditions of the panne shall be completed at the expense of the permittee except as provided in .subsection 2.14. All materials used in the constriction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by tate Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the Caine of access construetIon shall be given to the Department unless otherwise instructed by the permit or the Department Inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed al least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are Issued. The access shall be completed In an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction erne extension not to exceed 30 working days may be requested from the individual ar office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are rnet. Inspectors are authorized to enforce the conditions of the permit during construction and to hall any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway constriction or maintenance warts, that endanger highway DIJAVU C1 100 property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the tears and conditions of the permit. Failure by the pernnittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to tnittate action to suspend or revoke the permit and close the access. If in the determination of the Departmentor Issuing authority the failure to comply with or complete the construction requirements the permit create a highway safety hazard, such shad be sufficient cause for the summary suspension of the permit. If the penrnittee wishes to use the access prior to completion, arrangements must be approved by the Issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or Improvement of the access may be required when the permIttee has failed to meet required specifications of design or materials, if any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result In suspension of the permit and closure of the amass. 6. The permittee shall provide construction traffic control devices et all times during access construction, in conformance with the M.U.T,C,D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any unity work within highway right-of- way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal cr repair shall be accomplished by the permittee without cost to the Department or Issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged In the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. Ail posts and wire removed are Department property and shell be turned over to a representative of the Department 9. The permittee shall ensure that a copy of the permit Is available for review at the construotlon site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases In construction construction to allow the field inspector to inspect various eepecro of such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field Inspector to meet unanticipated slte conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, Indemnify, and hold harmless to the extent allowed by law, the Issuing authority, the Department, Its officers, and employees from sults, actions, claims of any type or character brought because of Injuries or damage sustained by any person resulting from the perrnittee's use of the access permit during the construction of the access. CHANGES iN ACCESS USE AND PERMIT V1CtAT(ONS 1. It Is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not In violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors-ln.interest, heirs and occupant.If any y significant access are made or will be made in the use of the property operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed er used In violation of the Code, section 43- 2-147(5)(4 C,R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, CR.S. MAINTENANCE 1. The pemtittee, his or her heirs, successors -In -interest, assigns, and occupants of the property serviced by the access shall be responslbie for meeting the terms and conditions of the peninil, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and nate, and the removal or clearance of snow or ice upon the access even though deposited on the aocess In the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee le responsible for the repair and replacement of any access•reiated culverts within the right-of-way. Within Incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access constriction andlor failure to follow permit requirements and spedflcaticns In which case the perrrdttee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 1-6ZLSI.ZOL6 3I3dV UL CH :ioa 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC State Highway Access Permit V107 Page 1 Attachment to Permit No. 399164 - Additional Terms and Conditions 1. The following items are required before a Notice to Proceed will be issued: (a) Construction Plans stz n d by a Colorado Registered Professional Engineer (b) Traffic Contol Plan, Certified by ATSSA or CCA Certified Worksite Supervisor. (e) Certificate of Insurance Liability as per Section 2.3(11)(h) of the Access Code (2 CCR 601-1) 2_ A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right -of --way. All submittals, documents and other items that rnus-tbe completed, shall be submitted and approved before a Notice to Proceed will be issued contact the Department (or issuing authority) for the Notice to Proud. 3. All culverts installed in open ditches shalt have flared end sections. 4. The Permittee shall install a new 24 inch corrugated metal pipe. 5. All existing drainage structures shall be extended, modified or upgraded as applicable, to accommodate all new constriction and safety standards, in accordance to the Department's standard specifications. 6. No drainage from this site shall enter onto the State Highway 6 travel lanes. The Permittee may be required to detain all drainage in excess of historical flows on site. 7. It -frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or Moisture is gone or removed. S. The top layer of plant mix bituminous pavement shall not be placed between October 1 and April 1, unless oterwise approved by the Department. 9. The existing asphalt adjacent to all new pavement shall be saw cut and removed a minirrrum of one foot back from the existing edge, or until an acceptable existing cross slope is achieved to assure a straight edge for the joint 10. Slopes shall be ata 4 to 1 ratio on the roadway and a 6 to 1 ratio on the approach. 11. The new State Highway pavement shall slope on the same plant as the present pavement surface. 12. The surfacing shall meet the Department's specifications with the following material placed for final grade: 4 inches ABC, Class 1; 12 inches ABC, Class 6 and 18 inches of Hot Bituminous Pavement. 13. Placement of base course materials shall be in accordance with section 304.04 of the standard specifications. Compaction shall be in conformance with AASHTO procedure T-99. 14. Compaction of subgrade, embankments and backfill shall be in accordance with section 203.07 of the Department's standard specifications with the test results sent to and approved by the Department inspector. 15. Compaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the Department's standard specifications. Compaction of the Aggregate Base Course shall comply with section 304.06. 16. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 17. All required access improvements shall be installed prior to the herein authorized use of this access. 18. The design of the horizontal and vertical sight distance shall be no Less than the minimum requirements, as provided in section 4.3 of the State Highway Access Code, 2 CCR 601-1. 19. Pursuant to section 4.9(3) of the State Highway Access Code, the access roadway shall not exceed a maximum 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC State Highway Access Permit Attadiment to Permit No. 399164 - Additional Terms and Conditions €dos Page 2 grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 20. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 21. The access shall be constructed perpendicular tc the travel lanes of State Highway for a minimum distance of feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line_ Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 22_ The access shall be constructed 40 feet wide, with 30 foot radii_ 23. The roadway shoulder shall be widened to 4 feet and surfaced with IBP in accordance with the Department specifications. 24. All final signing and pavement striping shall be done by the Permittee or the contractor in conformance with the Department's M & S standards and the M.U.T.C.D., unless otherwise agreed to by the Department and the Permittee. A final signing and pavement striping plan shall be submitted to the Region Traffic Engineer a minimum of working days prior to commencement of work. No work shall begin without prior approval and authorization from the Department 25. A11 temporary pavement striping shall be done by the Permitteelcontractor in comformance with section 627 of the Department's standard specifications for Road and Bridge Construction (latest edition). 26_ Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 27. All work that requires traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, they shall be certified by the contractor in accordance with. the Department standards. 28. Ail excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 29. The Permittee shall install a 12 -foot left -turn deceleration lane and left -turn acceleration lane with 4 -foot painted median on State Highway 6 , in conformance with section 4 of the State Highway Access Code, 2 CCR 601-1. 30 The Permittee shall install a 12 -foot right turn deceleration and a right turn acceleration lane with 4 -foot shoulder on State Highway 6, in conformance with section 4 of the State Highway Access Code, 2 CCR 601-1. 31_ When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut., to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department at 32. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in 12/13/99 16:49 FAX 9702197294 CDOT R3 TRAFFIC State Highway Access Permit Ij 09 Page 3 Attachment to Permit No. 399164 - Additional Terms and Conditions accordance with the Department standard specifications. 33. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavation within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D.. 34. Open cuts which are 4 inches in depth, within 30 feet of the edge of the State Highway traveled way will not be left open at night, on weekends, or on holidays. 35. Any incomplete construction activity on the State Highway that must be left overnight., shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 36. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their origional conditions, to insure proper strength, drainage, and erosion control. 37. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 38. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way_ Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee_ Any damage or disruption to any utilities during the construction shall be the Permiittee"s responsibility and shall be repaired or replaced at no cost to the Department 39. The Permittee, through a Colorado registered professional engineer shall provide design, construction, pavement striping and signing plans to the Department for approval days prior to commencement of any work Design plans must include but not limited to layout of speed change lanes, utility locations, present and proposed drainage, present and proposed right-of-way lines, traffic control plan (if any), present and proposed traffic control devices, cross sections on foot intervals, and clear zone analysis_ 40. Survey markets or monuments must be preserved in their original positions. Notify the Department at immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired andlor replaced immediately at the expense of the Permittee. 41. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection iruprovement(s) within the State Highway shall be in accordance with the following Department standard references, as applicable: a. Roadway Design Manual b. Materials Manual c. Construction Manual d. Standard Specifications for Road and Bridge Construction, latest edition e. Colorado Standard flans (M & S Standards) f_ Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto g. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition h. Institute of Transportation Engineer's Trip Generation manual, 6th Edition -14 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC i10 State Highway Access Permit Pace 4 Attachment to Permit No, 399164 -= Additional Terms and Conditions i. State Highway Access Code, 2 CCR 601-1 j. Roadside Design Guide Some of the reference materials listed above (a through e) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, Colorado 80222-3400 Telephone Number (303) 757-9313 The Access Code may be purchased from: The Public Record Corporation 1666 Lafayette Street P.O. Box 18186 Denver, Colorado 80218 Telephone Number. (303) 832-8262 42. Upon completion of this permit the applicant shall notify the Access Manager by ceritfied mail within 10 days at: Colorado Department of Transportation 221 South 6th Street, Room 100 Grand Junction CO 81501 Attn: Access Manager 43. Landscaping shall not obstruct sight distance at any State Highway access point. 44. In the event the landscaping becomes unsightly or considered to be a traffic hazard, the Department may require that it be removed promptly by the Permittee and at no cost to the Department. 45. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the State Highway right-of-way shall be the sole responsibility of the Permittee. 46. No work will be allowed at night, satin -clays, sundays, and legal holidays without prior authorization from the Department The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 47. No highway lane closures or one-way traffic will be allowed during the morning (7 A.M.- 9 A.M.) and evening ( 3 PM.- 6 P.M.) peak hour periods. 48. Any work within the State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day, 49. The Permittee shall provide the Department a copy of the recorded final plat upon approval by 50. The Permittee shall submit a survey plat, warranty deed, and legal description for all property to be dedicated to the Department as new right-of-way. 12/15/99 16:49 FAX 9702487294 State Highway Access Penn -it CDOT R3 TRAFFIC l 11 Page 5 Attachment to Permit N. 399164 - Additional Terms and Conditions 51. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 52. Water, sanitary sewer, electrical communication, gas, landscaping,, driveway, and telephone installations will require individual additional permits. 53. This Permitted access is only for the use and purpose stated in the Application and Permit. 54. This permit is issued in accordance with the State Highway Access Code (2 CCR 6111-1), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 55. The Permittee shall refer to all additional standard requirements attached to this permit, CDQT Form 101b, and any enclosed additional terms, conditions, exhibits and noted attachments. 56. If there are any questions regarding this permit, please contact Mike Smith at 9970)248-7230 . DEC, 17, 1999 8.58All LOYAL E. LEAVENWORTI1 CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY 1).GAVE DAVID A. MEISINGER' TON( .f KrNNf Y SUSAN W. LAATSCH 'Aduuned us wiseomin oay LEAVENWORTH & TESTER, P, C. LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW REC' IYEL DEC) 71999 December 16, 1999 Mark Bean Director, Garfield County Planning Deparunent 109 8th Street. Suite.303 Glenwood Springs, CO 81601 NO, 4955 P. 2 FILE CU Y Ioii GRAND AVE` LE P. 0. DRAWER 2.030 (;I,>;'NW())) sI'ltlNt-5, COLORADO 31f.302 u2 TE 1'taHON1r (970) 94-22i F.'X• (970) 945-1114 ItIaw sopris.tser Re: Subdivision Prelirkinm Plan for Pnwerline Professional Park Dear Mark: As the City Attorney for the City of Rifle, Colorado I have reviewed the proposal for eight commercial lots along highway 6 and 24 east of Rifle. 1 have also met with Mr. Barbie regarding the potential need for a watershed perrnit application for the project pursuant to Rifle Municipal Code §10.05.010, et seq., a copy of which is enclosed for your reference. The City of Rifle's Watershed District jurisdiction extends 5 miles upstream from its point of diversion on the Colorado River, an area within which the proposed subdivision is located. In addition, the activities within the District which require a Watershed Penni: from the City of Rifle include, among other things, the installation of sewage disposal systems as well as excavation. Ri tie Municipal Code §10.05.040. It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval. Please call me with any questions. Enclosure cc: Selby Myers, w/o encl. Pat Hopkins, wlo encl. John Barbie, w!o encl. F: 1979%Lcncrs-Nicraor Ii i�-i3c��r4u-s.w�x1 Very truly yours, LEAVENWORTH & TESTER, P.C. %ct.' [' • •Ge Cl"47,0p p t';/'01.4 Loyal E. Leavenworth :,.1 WESTER I SLOPE DEVELOPM2NT 50114.7#m SL B 1324, Silt CO 31352 VCCOOKanACE.C211 January 20, 2000 RE: Powerline Professional Park Preliminary Plan Section C. ACCESS ON & OFF-SIRFET PARKING of the submitted Powerline Professional Park Preliminary Plan should reed: "All cuff -street parking spaces will Conform to the Zoning Resolution and will be created at a rate of one (1) space per two hundred (200) square feet of floor arca (except storage area), as requited by Section 5.01.02 (3)." John Barbet 46 d v SZ2 9L89LS 9E ZZ 000Z16TJi0 01/26/2000 05:42 5708765825 WESTER 561 H.7th St 8 roam 'coalman.= Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 A2AAAAAAAAAAAA SLOPE DEVELOPMENT x 324. $ilt CO 81652 RE: Powerline Professional Project Dear Mr. Lourien, PAGE 20 January 26, 2000 Iii response to the letter dated November 23, 1999 from the Rifle Fire Protection District, please include the following additional language to Section I of the application. I. Fire Suppression: The subdivision design will adhere to the comments of the Rifle Fire Protection District as noted in the review letter of November 23, 1999. Specifically the following four items: 1. A minimum of 180,000 gallons will be provided for on site in the storage system as approved by the County and by the District and indicated on the Final Plat and Master Utility Sheet. 2. All hydrants shall be spaced at minimum of 500 feet from a structure. Hydrants shall be capable of providing a minimum of 1500 gallons per minute at 20 psi residential pressure. The location of infastructure to accommodate this standard as approved by the County and by the District shall be indicated on the Final Plat and Master Utility Sheet. 3. All roads and driveways within the subdivision shall be constructed to accommodate the weight of fire apparatus operating in adverse conditions. 4. All address within the subdivision shall be posed in a conspicuous location. If you have any further questions, please call me. Thank . .5.1. John B 4-7 cr--t C.__ op/ 11214-e_,-- WESTERN ' SLOPE DEVELOPMENT 501N.7thSt BOX 324,SiIICO81652 970.87&.5242 SIfMOME1MAGE.COM RECEI VEC] FEB a-__._._. Ll 2600 Division of Water Resources Attn: Craig Lis 1333 Sherman St. Room 818 Denver, CO 80203 VIA: Fax & Mail RE: Powerline Professional Park Subdivision Preliminary Plan Dear Mr. Lis, February 8, 2000 In response to your comments regarding the water supply plan for our subdivision, I would like to an -tend the total consumptive use to reflect the following information: 1/3 Acre Foot of use per Lot Our previous projected use was in error. If you have any questions or comments please contact me. CC: rk ILr [ ((( c/ Ix_ IFUS 1■!E 11A13111Si1#11 CMAIM,ii I MI ]1R NMAi A In WESTERN SLOPE DEVELOPMENT CORP PO 808 1108, RFU CO 81850 Sicelna1mage,cem I�Jrsct: 910.818.5242 FX: 910.818 5825 CSU 979.319.5868 FAX COVER: DATE: - c7f ./ NUMBER OF PAGES (INCLUDING cove ,SHEET) FAX NUMBER: TO: [� COMPANY: ;�- _ e FROM: RE: DOCUMENTS SUBMITTED: IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CONTACT 876-5242 Transmitted: Please: For Approval Sign and Return �Fg• nature i}�i]!"1 Receipt/Review or Review and Comment all if any Questions For As Requested For Your information CONFIDE'iflALIT' NOTE The Information contained in this facsimile maa be privileged and confidential information intended only for the use of the individual or entity named above:. if the reader of this message is not the Intended Rejpient, you are hereby notified that any dissemination. distribution or copy of this teiecopy is strictly prohibited. If you have received this telecopy in error, please notify us immediately by telephone and return the original message to us at the address above via the United States Postal Service. Thank you. T ! t1d "t7t n-kftM-fYHtit117? H /WESTERNSLQPE DEVELOPMENT 501 L JIh St. 8 324, Slit CO 81652 silA+txuxtatetffilEMISUNI Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 RE: Powerline Professional Project Dear Mr. Laurier, February 9, 2000 Enclosed you will find a copy of the letter dated 2/9/99 detailing the commitment of Cottonwood Springs and our subdivision for wastewater service. A revised letter supporting our decision to consolidate wastewater service from Bill McKee of the CDPFIE is forthcoming. If you have any questions or comments please contact me. H+-R7t1t•1t+t rHti*-iM-H 70c0) ^A A C, 'r •!'1n �E'fif�' rc.r� '�n 2-09-2000 10:49AM FROM JCI -IN R. SC»K. P. C. 97@ 945 4757 COTTONWOOD SPRINGS LLC 2703 HIGHWAY 6 & 24 RIFT E, COLORADO 81650 T> LE?HONR: (970) 625-2069 BU41NBSS OFFICE w ^AILING ADDRESS: 3(1 1JCHTH MEM, SUM 310 GLENWOOD SPRINGS. Co 81641 TELEPHONE: (9713) 945-244 T'ELECOFFE]i: (97Q) 945-4787 February 9, 2000 Mark Bean Garfield County Planning Department 109 Eighth Street GIenwo©d Springs, CO 81501 HAND DELIVERED Re: Powerline Professional Park/Cottonwood Springs MHP Dear Mr. Bean: Cottonwood Springs LLC and Western Slope Development Corp. have reached an agreement in principle for the connection of the Powerline Professional Park (PPP) to the private wastewater system now operated by Cottonwood Springs (CWS) pursuant to CPDLS Permit No. CCG -581000. Subject to written approval by the Colorado of Department of Health providing a waiver of the CWS permit discharge limitations unposed by applicable regulations allowing the reserve capacity in the Cottonwood Springs sysicni to be used without commencing engineering or financial plarining for expansion and written approval by the Colorado of Department of Health for the inclusion of PPP into service plata and wastewater discharge permit of CWS, CWS can and will provide wastewater treatment services for PPP at the level identified below. Based on our informsl conversations with officials representing the Colorado Department of Health, we believe these conditions will be accomplished. This commitment to serve will be described in a comprehensive recordable agreement running with the PPP lands in favor of CWS binding on all future owners of lots in PPP and generally rrzcdeled on the recent agreements reached by the Ranch at Roaring Fork Home Owners Association, Inc. CWS would make available 24 EQR to PPP or a total flow rate of 7200 gallons per day. The total EQR allotment would be managed by a new PPP owner's association. This approval is a site-specific proposal and does not imply that CWS is interested or capable of serving any other property at this time. CWS will convey its wastewater treatment system to a separate entity and will seek a subdivision approval from Garfield County in orders separate the current wastewater treatment site from the existing park. Such an approval will not be condition to the availability of this service, but is merely identified as a longer-term 0bjectivt o IRS/clh cc: Tom Triplat CWS Members kltAll!\Jl1Ht fJ7Htf4ty P. 5 szeg9L89L6 .T:90 000Z/60/Z0 CONDITIONS OF APPROVAL The following conditions must be completed before any Preliminary Plan may be scheduled for a hearing before the Board of County Commissioners: 1. Colorado Revised Statute 30-28-136(g) requires a favorable letter from the Colorado Department of Public Health and Environment. Section 4:91 (A), of the Garfield County Subdivision Regulations requires, but is not limited to, a favorable letter from the Colorado Division of Water Resources. 3. Section 4:60 (C), of the Garfield County Subdivision Regulations requires, but is not limited to, an access permit from the Colorado Department of Transportation for the subject property for the proposed subdivision. 4. Section 5.01.02 (3) of the Garfield County Zoning Regulations requires the applicant to sufficiently demonstrate that adequate off-street parking for the proposed subdivision will be provided. 5. If the proposed subdivision will not connect to the Cottonwood Springs Mobile Home Park sewer system, then either a letter from Cottonwood Springs Mobile Home Park must be submitted denying the subject property the opportunity to connect, or a report explaining the fiscal infeasibility of connecting to the Cottonwood Springs Mobile Home Park sewer system must be submitted. 6. If the proposed subdivision will connect to the Cottonwood Springs Mobile Home Park sewer system, a plan for such a connection must be submitted. 7. A detail of how fire protection will be provided for the proposed subdivision with specific regard to the recommendations of the Rifle Fire Protection District must be submitted. 8. As per the Preliminary Geotechnical study and Percolation test conducted by HP Geotech and contained within the submitted Preliminary Plan submittal, "The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Potential overflow from irrigation ditches should also be considered in the drainage plan." The following conditions must be completed for submittal of any Final Plat: 1. As per the Public Service Company of Colorado letter dated November 16, 1999, denote the proposed utility installation within the proposed 60' access easement on the Final Plat. 2. As per the City of Rifle attorney letter dated December 16, 1999, a watershed permit must be obtained. 3. Covenants for the subdivision must include annual monitoring of required reverse osmosis systems for all lots/buildings. 4. Minimum yard setbacks on all proposed lots and clear identification that no buildings can be built within the electric easements on the subject property must be shown on the Final Plat. 5. If on -street parking is to be used, as indicated in the submitted Preliminary Plan application, Section 9:35 (7) of the Garfield County Subdivision Regulations must be satisfied, and as such, the Final Plat must show the appropriate improvements to the on- site road/cul-de-sac. 6. Covenants for the subdivision must restrict uses on all lots to those uses that will not exceed 2000 gallons of domestic waste water per day into the proposed ISDS's. 7. Covenants for the subdivision must include the submitted management plan for ISDSs. 8. All Garfield County Vegetation Management comments in the memorandum dated November 29, 1999. The following conditions will be conditions of approval of any Final Plat: 1. As per the Department of Health letter dated November 22, 1999, all ISDSs must be engineered mounded systems. 2. All cuts for roads or construction on-site must be re -vegetated to prevent erosion. 3. All Colorado Division of Minerals and Geology comments in the letter dated November 17, 1999. As per the letter received from the Public Service Company of Colorado in a letter dated November 16, 1999: • Ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. ▪ Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and operation of these facilities. 5. All five (5) recommendations of the Rifle Fire Protection District as stated in a letter dated November 23, 1999. 6. All conditions of the Colorado Department of Transportation as stated in a letter dated December 14, 1999. 7. Reverse osmosis systems must be installed in all lots/buildings to provide potable water. 8. The agreement between the applicant and Tri-State Generation, as submitted in the Preliminary Plan application must be adhered to in its entirety. 9. The private access roadlcul-de-sac must be built to Minor Collector standards as outlined in Section 9:35 of the Garfield County Subdivision Regulations. In addition, if on -street parking is to be included, see condition 5 of Final Plat submittal requirements above. 10. If the subject subdivision is to hook-up to the Cottonwood Springs Mobile Home Park sewer system it must comply with District B - Policy Section of the Garfield County Comprehensive Plan which states, "New development shall ensure that the system is not overburdened and put over its treatment capacity as a result of the additional demand caused by the development. Central sewer systems which are extended to serve new development and are near or at capacity shall be improved by the proposed development so that adequate and safe service levels are maintained." 11. Any and all liquid waste other than domestic produced on any and all lots must be disposed of as required by all pertinent laws and regulations. 12. All preliminary design recommendations as outlined in the HP Geotech Preliminary Geotechnical Study, dated October 26, 1999. 13. School fees in the amount of $1,600 must be paid. 14. Road impact fees, as to be determined must be paid. FEB -09-2000 08:29 D I U WRIER RESOURCES OFFICE OF THE STATE ENGINEER Division of Wascr Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Coloraoc 80203 Phone: (3©3)866-3581 FAX 866-3589 ntipJ/w ter.st3ie.co.us!dafau!r.htrn 303 866 3569 P.01/05 STATE OF COLORADO tJt if Cop FAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: TO: uJeti c�'f e OFFICE: FROM: rt•yi, L TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: DATE: ,22067o IF YOU DO NOT RECEIVE ALL OF THE PAGES AS INDICATED OR QUALITY IS UNACCEPTABLE, PLEASE CALL US BACK AS SOON AS POSSIBLE. TELEPHONE: (303) 866-3581 FAX NUMBER: (303) 866-3589 MESSAGE: 1 ulnr „ ra 7r—f'fr a i�+� I P �.• WW - siii Owens Coverr.or Greg E. Waichei Siecutivc Director Mai D. 5impsnn, P F.. State Engineer ue ✓ ▪ rn r1: FEB -09-2000 08:29 DIV WATER RESOURCES OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, knom 81$ Denver, Colorado 80203 Phone: (3O3)866.3581 FAX: (303) 866-3589 http: water.state.co.u;idefauit.rum 303 866 3589 P.02/05 STATE OF COLORADO Jeff Laurier! Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 February 8, 2000 !Sill Qwcn5 C svern0r Greg E. W3Icislr 'Executive Director !mai D. Simpson, P. Sots. Crygineer Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed additional information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. The Water Supply Plan included a copy of a report by Zancanetla and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 99809#2RK(a) and 990809#3RK(a) for one acre-foot of water each. The plan notes that the three wells will be shared by the lots, with up to three lots on one well.. The report by Zancanella and Associates, Inc., indicates that total annual water requirement and depletions for the development will be 8.796 acre-feet and 1.796 acre-feet, respectively, and that a contract for a minimum of 2 acre-feet should be obtained from the District to cover the depletions. However, the District's substitute supply plan operates on the basis or diversions rather than depletions, such that contracts for a total of almost 9 acre-feet are necessary. in light of this, the applicant, Mr. Robert Klein, has submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Permit No. 52691-F was issued on October 21, 1999, and Permit Nos. 53267-F and 53268-F were issued on February 8, 1999, for the use of one acre-foot of water annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. However, we have not received a Well Completion Report, Pump installation Report, or Statement of Beneficial Use for these wells. If these documents are not receive prior to October 21, 2000, for Permit No. 52691- F, and February 8, 2001, for Permit Nos. 53267-F and 53268-F, the well permits will expire and be of no effect. A letter from Collins Well Drilling and Pump Company indicates that a well drilled on the property produced an average of 30 gallons per minute over a four hour period on October 4, 1999. If the proposed wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(1), that the proposed water supply will not cause material injury to decreed water rights, so long as the FEB -09-2000 08:30 DIU WRIER RESOURCES 303 866 3589 P.03/05 Jeff Laurien February 8, 2000 Powerline Professional Park applicant maintains valid well permits and limits the well water use to those uses permitted (drinking and sanitary purposes inside commercial businesses), and is physically adequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWK/CMLiPowerline Professional Park iii.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 FEB -09-2000 08:30 DIU WATER RESOURCES 303 856 3589 P.04/05 Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman Si. Denver, Colorado 60203 (303) 866-3581 APPLICANT ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 PERMIT TO CONSTRUCT A WELL 634 WELL PERMIT NUMBER 053267 - F DIV. 5 WO 39 DES. BASIN MD Lot Blodt: Filing; Subdiv: POWERLINE PRoFESSIQNAL PARK APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1524 Ft. from South 1913 Ft. from West Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) far the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect. or under an approved plan for augmentation. WDWCD contract #9908092RK(a). 4) The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. t3) This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Slope Development. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) '51-01zrzez) APPROVED JD2 Receipt No. 0455504A State Engineer DATE ISSUED FEB 0 8 2000 By '! EXPIRATION DATIFE B 0 8 LUQl, FEB -09--2000 08:D3 D I U WATER RESOURCES Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg„ 1313 Sherman St, Denver, Colorado 80203 4303) 866-3581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 PERMIT TO CONSTRUCT A WELL 303 866 3589 P.05/05 634 WELL PERMIT NUMBER 053268 - F DIV. 5 WD 39 DES, BASIN MD Lot Elock; Filing: Subdiv; POWERLINE PROFESSIONAL PARI( APPROVED WELL LOCATLON GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2130 Ft, from South Section Line 1905 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights, The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action_ 21 The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy district's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWCD contract 49908093RK(a). 4) The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. Ail use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect, 5) The maximum pumping rate of this well shall not exceed 15 GPM, 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case numbers) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit, 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Slope Development. You are hereby notified that you have the right to appeal the issuance of this permit. by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) APPROVED J02 State Engineer ,Receipt No. 0455504E DATE ISSUED FEB 0 8 2000 By EXPIRATION DATi EB TOTAL P.05 HepworthPawlak Geotech TEL:970-945-8454 Sep 21 99 14:40 No.007 P.02 Ge�tech September 21, 1999 SK Collaboration 1 1U ; John Barbee P.O. Box 324 Silt, Colorado 81652 114iaworlia-i'awl:rk 4eolechniral.1 nc. 5020 County Road 154 Glenwood Sprini.c, t 7olormin 11101 Phone: 970.945 98N Fax: 4710-945-ti454 his ,to(@+hloi;I Icch.cam Job No. 199 661 Subject:. Preliminary Findings of Subsoil Study, Proposed Gor unercial Development, Powerlinc Professional Park, Highway 6 & 24, Garfield County, Colorado Lear Mr. Barbee: As requested, we are providing preliminary findings of a subsoil study for foundation design we arc currently performing for the subject site. We understand the iritOrmation is needed for preliminary submittals. The site consists of previously irrigated farmland with irrigation ditches along the property lines. The ground surface is relatively flat with a slight. slope down to the south. The proposed development will consist of 8 commercial lots. We understand that the commercial buildings will likely he large steel frame, metal skin structures with moderate column loads. The buildings will he serviced by individual sep11C disposal systems. Five borings were drilled on the property to evaluate the general subsurface conditions. The subsoils encountered below about 1 foot of topsoil consist of stiff to medium stiff sandy clay. Relatively dense silty sandy gravel was encountered beneath the clay at depths between about 10 and 16 feet. Groundwater was encountered in the borings at depths between 10 and 15 feet at the time of drilling. Water levels were measured at depths between 9 and 13 feet when checked 12 days later. Laboratory testing on samples obtained from the borings has not been completed. Preliminary results indicate the clay s.oiis above the water level have an expansion potential when wetted under a constant light surcharge. Possible foundation tyres at this site include drilled piers or driven piles or spread footings with a minimum dead load and subexcavation rel' the more expansive clays. HepworthPawlak Geotech TEL:970-945-8454 Sep 21 99 14:41 No.007 P.03 SK Collaboration September 21, 1999 Page 2 We will forward the project. report upon completion of laboratory testing and our analysis. In the meantime, if you have any questions, please call our office. Sincerely, IIEPWORTH - PAWLAK SGL Iordy Z. Adarnso Rev. By: I)f l JZA/ksni NC. �r1P HepulorthPawlak Geotech TEL:970-945-8454 Sep 21 99 14:40 No.007 P.02 Gbrth September 21, 1999 SK Collaboration Attn: John Barbee P.0. Box 324 Silt, Colorado 81652 licpwrrrtla-I'awlaak Gee/Lech/deal, Inc. 5020 (:rnanty Road 154 Glenwood tiprinl;:s, t'rrinraaalra /41601 I'rahm 970-945-79$f1 Fax: 9711-9-15-8451 f a pge r r tt+l ygeo le eh.eo to i lob No, 199661 Subject: Preliminary Findings of Subsoil Study, Proposed Commercial Development, Powerlinc Professional Park, Highway 6 & 24, Garfield County, Colorado Dear Mr. Barbee: As requested, we are providing preliminary findings of a subsoil study for foundation design we arc currently performing for the subject Rite. We understand the information is needed for preliminary submittals. The site consists of previously irrigated farmland with irrigation ditches along the property lines. The ground surface is relatively flat with a slight slope down to the south. The proposed development will consist of ty commercial lots. We understand that the commercial buildings will likely he large steel frame, metal skin structures with moderate column loads. The buildings will he serviced by individual septic disposal systems. Five borings were drilled on the property Io evaluate the general subsurface conditions. The subsoils encountered below about 1 foot of topsoil consist of stiff to medium stiff sandy clay. Relatively dense silty sandy gravel was encountered beneath the clay at depths between about 10 and 16 feet. Groundwater was encountered in the borings at depths between 10 and 15 feet at the time of drilling. Water levels were treasured at depths between 9 and 13 feet when checked 12 days later. Laboratory testing on samples obtained from the borings has not been completed. Preliminary results indicate the clay soils above rhe water level have an expansion potential when welled under a constant light surcharge. Possible foundation types at this site include drilled piers or driven piles or spread footings with a minimum dead load and suhexcavation of the more expansive clays. HepworthPawlak Geotech TEL:970-945-8454 Sep 21 99 14:41 No.00? P.03 SK Collaboration September 21, 1999 Page 2 We will forward the project report upon completion of laboratory testing and our analysis. In the meantime, if you have any questions, please call our office. Sincerely, HEPWORTH - PAWLAK 4 NC. Jou.ly Z, Adarnso , Jr P. f% ; , i7Pi if; Rev. 13y: DEItS'S! ®..... E? JZAlksms ;`}' Vkci ‘.4--/ 0 3 _1- L-4 19 id (7"0 7/4) DA k o/s,3/, 0'-,/ -)-/ 1, 1).7 A -4,--11 (7/"° , • °o//O/-C r7e1, "Le/ rAc)--)1-%.7y 7L.‘- 11-1) /7", \--I 7V1 Z/7/ (1.1G f-31_1) p0/Zf X--)/7 a7e ,may _,,��/,Y'�/ f �1 (7, f9) (7 )I(° r -'7c3 L /--r "' [r7/ 11p(-__j-�/-- "o .1) (3, 0 1 Z ' p � f yG' /-a ss ]� -, S-2-9 ?j% a,% / �-,-� �- n ,111 ' r^?/ o L- Al /--/1 f''"c/ 1 • • WESTERN SLOPE DEVELOPMENT 501 K 7th Si. Bqx 324, 8111 C0 81652 January 20, 2000 RE: Powerline Professional Park Preliminary Plan Section c. ACCESS.. ON & OFF-STRFF,T PA.RXSNQ of the submitted Powerline Professional Park Preliminary Plan should read "All cff-street parking spaces will conform to the Zoning Resolution and will be created at a rate oli one (1) space per two hundred (200) square feet of floor area (except storage arca), as required by Section 5.01.02 (3).,' Thank you, John Barbee WESTER%510 PE DEVELOPMENT 511111 Rh St. Bl� 324. Silt CO 81652 as2v ratan su t' Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 RE: Powerline Professional Project Dear Mr. Lourien, January 19, 2000 Thank you for your clarification about the parking requirements as indicated in the Powerline application. Per Section 5.01.02(3), the zoning regulations require that the minimum off-street be 1 space per 200 feet of floor area, excepting floor area. The Covenants will be revised. If additional information is required for further review of the project, please feel free to contact rne. cc: Balcomb & Green, DS Rk, WSD ZO 39hd VHt7VatitlbVt1'VZd 578S9L80L6 90:b0 900Z/6T/TE • Garfield County COUNTY ATTORNEY'S OFFICE January 17, 2000 David Sandoval, Esq. BALCOMB & GREEN, P.C. P. O. Box 790 Glenwood. Springs, CO 81602 Re: Powerline Park PUD Dear Mr. Sandoval: 109 8th Street, Suite 300 Glenwood Springs, CO 8160I Tele: (970) 945-9150 Fax: (970) 945-7785 I am in receipt of your letter of January 17, 2000 concerning the above -referenced subdivision. Please be advised that I will not attend a meeting with William A. McKee on Tuesday, January 18, 2000. While I am aware that a meeting may occur between Mr. McKee and certain staff members of Garfield County, I have not been invited to that meeting, nor do I intend to attend. Further, I believe it is the responsibility of the applicant, your client, to obtain the required review of the State Department of Public Health. As you note in your correspondence, state law clearly provides that the applicant must obtain a "favorable recommendation" in regard to the proposed method of sewage treatment for a subdivision. It is clear that it is the applicant's responsibility to obtain such a recommendation, not that of Garfield County. I would suggest that you deal directly with Mr. McKee to obtain the necessary comments regarding Powerline PUD and the method of sewage treatment proposed for that subdivision. If you have any questions, please contact me at your convenience. Sincerely, 7 DON K. DEFORD Garfield County attorney DKD:s1s LOYAL E. LEAVENWORTH CYNTHIA C. TESTER GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE DAVID A. MEISINGER* TOM KINNEY SUSAN W. LAATSCH +Admitted in Wisconsin only LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW December 16, 1999 Mark Bean Director, Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 1011 GRAND AVENUE P. 0. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: (970) 945-2261 FAX: (970) 945-7336 Itlaw@sopris.net Re: Subdivision Preliminary Plan for Powerline Professional Park Dear Mark: As the City Attorney for the City of Rifle, Colorado I have reviewed the proposal for eight commercial lots along highway 6 and 24 east of Rifle. I have also met with Mr. Barbie regarding the potential need for a watershed permit application for the project pursuant to Rifle Municipal Code §10.05.010, el seq. , a copy of which is enclosed for your reference. The City of Rifle's Watershed District jurisdiction extends 5 miles upstream from its point of diversion on the Colorado River, an area within which the proposed subdivision is located. In addition, the activities within the District which require a Watershed Permit from the City of Rifle include, among other things, the installation of sewage disposal systems as well as excavation. See Rifle Municipal Code §10.05.040. It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval. Please call me with any questions. Enclosure cc: Selby Myers, w/o encl. Pat Hopkins, w/o encl. John Barbie, w/o encl. F;119991Leners-Memos\RIFLE- Aeon-ltr-1. wpd Very truly yours, LEAVENWORTH & TESTER, P.C. ( ,e,„ (7-07- Cr LI`et.", 1-1../0-1,Y Loyal E. Leavenworth GARPIELD COUNTY PLANNING DEPARTMENT 1�r 3 6-111 ST. - SUITE' 303 GLENWOOD S'NNGS1 CO 811 RECEIVED DEC 1 7 1999 CHAPTER 5: WATERSHED DISTRICT 10.05.010 Intent of City Watershed District There is established by the City of Rifle a Watershed District ("District"). The District is that area in which the City shall exercise its powers to maintain and protect City's waterworks from injury and the City's water supply from pollution. This District is created under the authority granted in C.R.S. §31-15-707(1)(b), as amended, and Article XX of the Constitution of the State of Colorado. The District and these regulations are created only for the purpose of protecting the City's waterworks and water supply, and not for the purpose of regulating land use activities, which activities shall continue to be regulated by Garfield County, the federal government, and any other authority with jurisdiction over Iand use activities within the District. The City shall implement and enforce these regulations for the purpose of reviewing and permitting any activity within the District which creates a foreseeable risk of injury to the City's waterworks or pollution of the City's water supply. The City's review authority within the District shall be exercised concurrently with the authority of Garfield County or any other government entity to review and/or permit the same activity as the City may regulate; provided however, in the event no review, approval or permit requirement exists, the City's review authority shall occur prior to the commencement of any activity covered by this Chapter 10. (Ord. 22-94 §1) 10.05.020 Jurisdiction and Map The jurisdiction of the District shall extend over the territory occupied by the City waterworks and all reservoirs, streams, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over Beaver Creek, the Colorado River, and all water sources and drainage areas tributary thereto for five (5) miles above the points from which water is diverted for use by the City. The District Map, with all notations, references and other information shown thereon, is incorporated herein as part of this Chapter. The official District Map is Iocated and can be reviewed in the office of the City Clerk, and copies thereof are available on request at a cost of $15.00 per copy. (Ord. 22-94 §1) 10.05.030 Definitions Whenever the following words or phrases are used in this Chapter 10.05, they shall have the following meaning: A. "Best management practices" (BMPs) means schedule(s) of activities, prohibitions of practices, maintenance procedures, management procedures, and other management and activity practices to prevent or reduce potential or actual injury to the City of Rifle waterworks or pollution of the City of Rifle water supply. BMPs also include treatment requirements, operating procedures and other practices to control runoff, erosion, drainage, sediment accumulation and similar events. B. "Excavate or Excavating" means the artificial movement of earth leaving any cut bank over three (3) feet in vertical height or a movement of material in excess of two hundred fifty (250) cubic yards. City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 C. "Fill" or "Filling" means the artificial movement of earth leaving a fill earth bank over two (2) feet in vertical height or filled earth over two (2) feet deep, or artificial addition of earth above a line sloping up at a grade of one (1) vertical to two (2) horizontal from the ground. D. "Foreseeable risk" means the reasonable anticipation that harm or injury may result from acts or omissions. E. "Grade" or "Grading" means the artificial movement of over two hundred fifty (250) cubic yards of material; or movement of any earth or material affecting or creating a drainage channel; or pioneering of roads by the artificial movement of soils, trees or shrubbery creating a roadway or driveway in excess of two hundred fifty (250) feet in Iength; or the use of vehicles or keeping of any animals upon any land that would Iead to a movement of one hundred (100) cubic yards of material within one (1) year of the commencement of such use or which use, if continued, would result in the movement of any earth or material affecting or creating a drainage channel. F. "Person" means any individual, corporation, governmental or governmental subdivision or agency, limited liability company, business trust, estate, trust, partnership, association or any other legal entity. - G. "Pollution" means man-made, man -induced, or artificial alteration of the physical, chemical, biological and radiological integrity of water. H. "Remove vegetation" means to artificially cut, chemically kill or in any other manner remove any tree greater than fifteen (15) feet in height, any shrubs or trees covering an area of more than 100 square feet, or any grasses covering an area of more than 1,000 square feet. I. "Sewage disposal system" means an "individual sewage disposal system" as defined in C.R.S. §25-10-103(8). J. "Surface" or "Surfacing" means any action resulting in the hardening or covering of the pre-existing ground in an area greater than 100 square feet such that rain or other water striking the area will accumulate or run off the surface to a greater extent than prior to the hardening or covering of the pre-existing ground. Surfacing includes, but is not limited to, such things as compacting the surface of the earth, placing gravel, concrete or. like substances on the surface of the earth, or placing of structures upon the ground. K. "Tributary" means any watercourse, stream, creek, spring or drainage area which provides a source of supply to the City's potable water diversion points on Beaver Creek and the Colorado River. L. "Waterworks" means any and all man-made or designed components of the City's water system including, but not limited to, all transmission, storage, treatment and filtration facilities; and all reservoirs, streams, ditches, pipes, drains, and diversion structures used in and necessary for the construction, maintenance, operation, and repair of the City's water system. (Ord. 22-94 §1) 10.05.040 Prohibited Activities and Permitted Activities Requiring Notice A. It is unlawful for any person to cast. place, dump or deposit in any part of the City waterworks any substance or material which may injure or obstruct the same or tend to City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 contaminate or pollute the water or obstruct the Clow of water through the City's water facilities. For a distance of five (5) miles upstream from the points where the water supply is diverted, no person shall: (a) throw, cast, put or deposit any pollutant or contaminant into or in close proximity to Beaver Creek, the Colorado River, or any of their tributaries or drainage areas; (b) store or retain any offensive or unwholesome substance on any premises in such position that the substance or drainage therefrom may be carried by natural causes into Beaver Creek, the Colorado River, or any of their tributaries or drainage areas, or (c) permit to flow into Beaver Creek, the Colorado River, or any of their tributaries or drainage areas from any place or premises, any foul or contaminating fluid. B. It shall be unlawful for any person to cause injury or damage to the City waterworks. C. In addition to the general prohibitions of Rifle Municipal Code Sections 10.04330, 10.04390, and subsections A. and B. of this Section, it shall be unlawful for any person to engage in any of the following activities within the City's Watershed District, which activities the City Council finds pose a potential or threat of injury to the City's waterworks or pollution to the City's water supply, unless such person shall, prior to commencement of such activity, receive a permit for such activity under the provisions of this Chapter: 1. Construction or installation of a sewage disposal system. 2. Excavation, grading, filling or surfacing. 3. Removal of vegetation. 4, Timber harvesting. 5. Drilling operations. 6. Alteration of water drainage courses. 7. Surface and subsurface mining operations. 8. Spraying or using herbicides. 9. Using, handling, storing or transmitting toxic or hazardous substances, including, but not limited to, radioactive materials. 10. Using, handling, storing, or transmitting flammable or explosive materials, except for domestic purposes or within vehicular fuel storage tanks. D. The following activities are permitted within the District provided written notification of such activity is provided to the City ten (10) days prior to commencement of such activity: 1. Stock grazing. 2. Road maintenance and improvement by governmental entities. The written notice required under this subsection D. shall include the name and address of the person undertaking the activity, a Iegal and common description of the location of the proposed activity, a description of the proposed activity, a discussion of the potential impacts upon the City's waterworks or water supply, and such other information as the City may require. The purpose of this notice requirement is to allow the City an opportunity to protect the waters of the District by suggesting a best management practice for such activity prior to its commencement. E. In the event that any activity not listed in subsection 10.05.040 C., above, is being conducted in such a manner that the City Council finds that there exists a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, the person responsible for such activity shall be notified by the City of such finding and the City may require that the activity cease and desist until a permit is obtained for the activity under the provisions of this Charter. (Ord. 22-94 §1) City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 10.05.050 .Permit and Hearing Procedure A. Application and Fees. An applicant for a District permit shall submit the following to the City Clerk no later than ninety (90) days prior to commencement of a proposed activity: 1. A completed application form as prescribed by the City. The application shall be completed by the owner of the property on which the proposed activity will occur, or its authorized representative, the tatter of whom shall provide evidence satisfactory to the City of his or her authority to act with respect to the property and who shall also provide a statement setting forth his or her interest in the proposed activity. 2, A full and complete description of the proposed activity for which a permit is sought, including, if applicable, a discussion of any future activity anticipated by the applicant with respect to the subject property. 3. Two sets of plans and specifications which shall contain the following information: a. A vicinity sketch map or other data indicating the site location and legal description of the subject property. b. Boundary Iines of the property for which the perrnit is sought, if applicable. c. Location of any buildings or structures within fifty (50) feet of the proposed activity. Accurate contours establishing the topography of the existing ground at a minimum of five feet (5') contour intervals for areas with a grade of less than I0%, and at a minimum of twenty feet (20') contour intervals for areas with a grade greater than 10%. e. Elevations, dimensions, location, extent and the slopes of alI proposed excavating, grading, filling or surfacing shown by contours and/or other means. f. Details of all drainage devices in connection with the proposed activity. g. A statement of the amount and location of any matter proposed to be deposited in areas other than that shown on the plans. h. Nature and location of existing vegetation and a statement as to the effect of the proposed activity on such vegetation. i. A vicinity map, as a scale of not less than I" = 2,000' depicting the location of streets, highways, watercourses, and natural drainage courses of streams within one-haif (1/2) mile of the proposed activity site, j. The location of the one hundred year flood plain of any drainage on or adjacent to the site of the proposed activity. 4. A document identifying any activity that may present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, along with a specific description of the measures, including best management practices, that will be employed by applicant to obviate such risks. City of Rifle Municipal Cade TITLE 10 - WATER & SEWER Printed January 5, 1999 • • 5. Any and all additional information that may be specifically requested by the City, including, but not limited to, the following: a. A map showing the drainage pattern and estimated runoff of the area of the proposed activity. b. Revegetation and reclamation plans and specifications. c. A soils analysis, including the nature, distribution and strength of existing soils, and recommendations for earth moving procedures and other design criteria. d. A geologic analysis of the site and adjacent areas. e. An operational and maintenance analysis of the proposed activity. f. Water use analysis for the proposed activity, including source, quality, amount of consumptive use, impact on groundwater and discharge characteristics. 6. An application will not be deemed to be complete until all information required by the City has been submitted. The City Engineer shall have the authority to waive one or more submittal requirements if compliance with the requirement(s) waived is not necessary for proper evaluation of a permit application. 7. The applicant shall submit to the City a District permit application fee of $250.00 at the time of filing an application. The fee set forth in this subsection shall be considered a minimum for each application. To the extent any application results in the City paying for outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the application, the applicant shall pay all such out-of-pocket expenses incurred by the City. All fees and costs shall be due and payable at the time a statement is presented to the applicant by the City of Rifle. No watershed district permit shall be issued until all fees have been paid. B. Review. Analysis and Classification. 1. Within sixty (60) days following receipt of a completed application and site inspection, if necessary as determined by the City, the City Engineer shall review the application and prepare an analysis of the proposed activity, including a discussion of any factor that may present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, and including a discussion of the measures, including best management practices, •if any, that are proposed by the applicant to obviate such risks. In undertaking the analysis of any proposed activity, the City Engineer shall consider the following factors, and any others that may be relevant: a. Nature and extent of the proposed activity. b. Proximity of the activity to existing water courses, City water supplies and City waterworks. c. Drainage patterns and control measures. d. Soil criteria and erosion potential. e. Slope steepness and stability. City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 Effects of denudation. g. Geologic hazards, including, but not limited to, avalanche paths, flood plains, high water tables, fault zones and similar factors. h. Ambient and nonpoint source discharges into water. i. Fire hazard. 3. The City Engineer may classify in writing an application as "Minor Impact" if the City Engineer finds, based upon the City Engineer's analysis, that the proposed activity does not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply. If the City Engineer has designated an application as Minor Impact, the City Engineer shall forward the application, analysis and No Impact finding to the City Council, and the City Council shall conduct the hearing required under Section 10.05.050 C., at a regularly scheduled meeting within thirty (30) days of the City Engineer's determination. The City Council shall render a decision regarding the issuance or denial of a District permit to such applicant within -the time limits contained in Section 10.05.050 C. The failure of the City Council to render such decision within the time limits herein set forth shall be deemed affirmative action on the issuance of the requested permit for any application classified as Minor Impact. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection 10.05.050 B.2., the City Engineer determines that the proposed activity is of a type or location that will have no negative impact on the City's waterworks or water supply, the City Engineer may classify the application as "No Impact". If such a "No Impact" finding is made, the City Engineer or his/her designee shall immediately issue a District permit for the proposed activity. After issuance of said permit, the City Engineer shall report same to the City Council at its next regular or special meeting, and shall also keep a record of such "No Impact" permits for the purpose of assessing the cumulative impact of "No Impact" activities. If the City Engineer or his/her designee does not make a "No Impact" determination, that decision may be appealed to and considered the City Council at that meeting at which the application is otherwise reviewed. At said meeting the Council may, based upon the same standards as set forth above, grant a "No Impact" permit for the proposed activity. 5. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection 10.05.050 B.2., the City Engineer finds that the proposed activity poses a foreseeable and significant risk of injury to the City's waterworks or pollution of the City's water supply, the City Engineer shall forward the application, analysis, and finding to the City Council, together with a recommendation that the City Council deny the permit or issue the permit with conditions. The City Council shall then review the application and recommendation as provided in Section 10.05.050 C. C. Hearing. Upon receipt of an application, analysis, and finding from the City Engineer, the City Council shall conduct a public hearing to review the application and shall render a decision regarding the issuance of denial of a District permit to such applicant within sixty (60) days of receipt of the City Engineer's analysis. However, if the activity requires approval or a permit from any agency of the county, state or federal government, and the approval time lines for the county, state or federal action exceed that required in this section, the City shall have until thirty City of Rifle Municipal Code TITLE 10- WATER & SEWER Printed January 5, 1999 (30) days following the issuance of the county, state or federal permit or approval to render a decision regarding the issuance or denial of a District permit to such applicant. The City Council may require additional information from any applicant, in which event the public hearing and decision may be delayed or continued until receipt of such additional information. D. Standards for Issuance of Permit. A District permit shall be issued when the City Council finds that the applicant has sustained the burden of proof that the proposed activity, including best management practices, if any, does not present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, or injury or pollution or any water sources tributary thereto for five (5) miles above any point from which water is diverted for use by the City. A District permit shall be denied when the City Council finds that the applicant has not sustained such burden of proof. E. Permit Conditions. The City Council in issuing any District permit may prescribe any conditions it may deem necessary to effect the intent of this Chapter. The City Council may require any applicant to post a surety bond or cash in an amount sufficient to ensure compliance with the District permit, including, but not limited to, the cost of maintenance, operation, revegetation, reclamation, and other requirements intended to further the intent of this Chapter. The City Council may release to the applicant portions of any such bond or cash from time to time when no longer necessary to ensure compliance with the District permit. F. Duration of Permit If any proposed activity for which a District permit is issued is not commenced within twelve (12) months from the date of issuance of such permit, the permit shall expire and become void. G. Notice of Hearin;. Notice of any public hearing required hereunder shall be given at least ten (10) days in advance of the public hearing by publication in the official newspaper of the City of Rifle, and by notice to the applicant by registered mail. H. Joint Review Processes. Any permit required hereunder can be reviewed and issued pursuant to a joint review process with any other government entity or agency charged with the review and approval of the same activity or activities. (Ord. 27-97 §2; Ord. 22-94 §1) 10.05.060 Enforcement A. Right of Entry. Whenever necessary to make an inspection to enforce a provision of this Chapter, an authorized representative of the City may go upon any land at any reasonable time to inspect the same or to perform any duty imposed hereunder, provided that he identify himself and, if such land be unoccupied, that he shall make a reasonable effort to locate the applicant or other persons having control of such land to notify them of such entry. B. Stop Work Order. Whenever any work or activity is being done contrary to the provisions of this Chapter, or in violation of the terms of any District permit issued hereunder, the City or its authorized representatives may order the work stopped by notice in writing served on the applicant or any person engaged in or causing such activity to be done, any such person shall cease such activity until authorized by the City to proceed. The City shall reserve the right to revoke or suspend any permit issued hereunder if work is not done in accordance therewith. (Ord. 22-94 §1) City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 10.05.070 Other Remedies In addition to any other remedies provided by this Chapter, the Rifle Municipal Code, state or federal law, the City attorney, on behalf of the City, may commence an action in a court of competent jurisdiction for a temporary restraining or preliminary or permanent injunctive relief restraining and violation of this Chapter. (Ord. 22-94 §1) 10.05.080 Activity in Progress The lawful continuance of any activity in progress at the time of the enactment of this Chapter may be continued even though it does not conform to the requirements of this Chapter. For purpose of this section, an "activity in progress" is and building, construction, land use or other activity which has been finally permitted by all other governmental agencies having jurisdiction thereover, and which has been physically commenced. Ordinary repairs and maintenance of any existing building structure or land shall be allowed. Any change, expansion, alteration or enlargement of such existing lawful use shall be subject to all requirements of this Chapter. (Ord. 22-94 §1) 10.05.090 Violation and Penalty A. Offense. Any person who violates any of the provisions of this Chapter shall be fined in an amount not to exceed $300.00 for each offense. Any person who willfully and wantonly violates any provisions of this Chapter shall be fined not to exceed $300.00 for each offense or by imprisonment exceeding ninety (90) days, or by both. Each day a violation occurs shall be deemed a separate offense. B. $erlledies. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Nothing herein shall be construed a waiver of any civil remedies available to the City. (Ord. 22-94 §1) 10.05.100 Appeal Any person desiring to appeal any decision or determination by the City Council hereunder must file such appeal within thirty (30) days following such decision or determination with the District Court of Garfield County. (Ord. 22-94 §1) 10.05.110 District Map The District Map shall be amended in the event any change in the City's waterworks or diversion points for its water supply materially alter the geographical extent of the City's jurisdiction under this ordinance. (Ord. 22-94 §1) City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: l303)866-3581 FAX: (303) 866-3589 http://water.state.co.usidefa u I t. h tm STATE OF COLORADO July 12, 1999 MR JOHN BARBEE GARFIELD COUNTY PLANNING DEPARTMENT 109 8T" STREET, SUITE 303 GLENWOOD SPRINGS, CO 81601 Re: Poweriine Professional Park Subdivision SW 1/4, Sec. 11, T6S, R93W, 6TH PM Water Division 5, Water District 39 Bill Owens Governor Greg E. Watcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Barbee: We have reviewed the above referenced proposal to subdivide 27.71 acres into ten commercial lots. An estimate of the anticipated water requirements was not included with the submittal materials. The proposed water supply is to be provided by individual wells pursuant to a plan for augmentation. No information was provided regarding well permits or the pian for augmentation. As outlined in the statutes, Section 30-28-133(3)(d), C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water. Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer, which addresses the quality, quantity, and dependability issues. A report of this nature was not included in the submittal materials. Due to the lack of a water court approved plan for augmentation, and the lack of the above referenced information, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is inadequate and material injury to decreed water rights will occur. If you or the applicant has any questions concerning this matter, please contact Jeff Deatherage of this office for assistance Sincerely, Kenneth W. Knox Assistant State Engineer KWK/J Dip owe rli n e doc cc: Orlyn Bell, Division Engineer Jim Lemon, Water Commissioner, District 39 OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/deiault.htm Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Dear Mr. Bean: • STATE OF COLORADO November 266, 1999 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Re: Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 We have reviewed the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels, which under existing Commercial/General zoning can be used for a variety of uses. The applicant proposes to supply water to each lot with individual wells, and stated that a single well permit application was submitted to this office, to be issued pursuant to a contract with the West Divide Water Conservancy District. Sewage disposal is to be through individual septic systems. The submittal did not include an estimate of water requirements. Permit No. 52391-F was issued on October 21, 1999, for the use of one acre-foot of water annually for drinking and sanitary purposes inside commercial businesses. However, we have not received a Weil Completion Report, Pump Installation Report, or Statement of Beneficial Use for this well. If these documents are not receive prior to October 21, 2001, the well permit will expire and be of no effect. Although additional well permits for this area may be available if the well is included in the District's temporary substitute supply plan, no additional well permit applications have been submitted for review by this office, and there is no guarantee that well permits can be issued. Furthermore, to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed. A letter from Collins Well Drilling and Pump Company indicates that the well produced an average of 30 gallons per minute over a four hour period on October 4, 1999. if the proposed additional wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(1), that the proposed water supply will cause material injury to decreed water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWK/CMIJPowerline Professional Park.doc cc: Oriyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 Nov 21 99 11:28, Form No. GWS -25-- AP2 CANT a 50000 C(300 p.I OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial 9ldg. 1313 Sherman Si., pcnvc:r, Colorado 80203 (303) 868-3.581 ROBERT 0 KLEIN SOX 119, RIFLE, CO 81550- i WELL PERMIT NUMBER 052631 DIV. 5 WO 39 DES. BASIN MO (970) 876-5242 PERMIT TO CONSTRUCT A WELL r 1095 LEFROVED WELL LQCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixths P.M. DISTANCES FROM SECTIOIJI NES 2259 Ft. from South Sec on Line 2125 FL from West Section Line } ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CNDrT?Of+13 OFA ROVA1� 'r) This well shall be used• in• such amoray a s te• cause ncr material injury to existing water rights: , The issuance of his. permit does, not assure the applicant -therm iniury+,►nlfoccur fo another vested water righter precludwanother owner of a vested water right from seeking' relief 1n- civil' ctturt'actiorr_ 2) The construction of this well shall be in compliance wil#r the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. -3) " Approved pursuant to CRS 37-90-137(2} for the construction or a well, appropriating ground water trilautery to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well snail be operated only when the West Divide Water Conservancy Cistricr's substitute water supply plan, approved by title State Engineer, is in affect, and when a water afloImo nt contract between the welt owner and the Weft Divide Water Conservancy District for the release of replacement water from Rued' Reservoir is in effect. or under an approved plan for augmentation. WDWC+) - Contract #990912R1((a), 4) ` The use of ground water from this welt is limited to drinking and sanitary purposes inside commercial businesses. Aa use of this well will be curtailed unless the water aliarni nt contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground wager to be appropriated shall not exceed one (1) acre-foot (325.850 gallons). 7) The owner snail mark the well In a consptcuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall sake necessary means and precautions to preserve these markings. 8) This well shall be constructed at least 500 feat from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit. 9) A lotalizing flaw meter must be installed on this wall and.maintained in good worcing order, Permanent records of all diversions must be maintained by the well owner (recoroed at least annually) and submitted to the Division Engineer upon request_ 10) This permit has been approved wIth an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office wtthln sixty (60) days of the date of issuance. pursuant to the State Administrative Procedures Act. (See Section 24.4-104 through 108, C.Ft.S.j 11) Monitoring hole notice MH.37013, was acknowledged too. construction of a monitoring and observation hole for this applicant, in this 1/4. 1/4, on September 24. 1998., E IC tC APPROVED I.JW Recei t No. 04 1198 Stare gine�er DATE ISSUED aCT 2 1999 g EXPIRATICN QAT _1=10§T, 2 1 4.., Uvffir_oi COP # L0/t0 Ill Dud ti7GGt7G'17/tt t./Tt1Ze SZ859L213L6 Tv :ZZ 6661/60/Zt 01/26/2000 05:42 9708765825 1 42AAAAAAAAAAAA • (WESTER'N SLOPE DEVELOPMENT 50 1St II 324. VII CO 81152 c Garfield County Attn.: Jeff Lourien 109SthSt.Ste303 Glenwood Springs, CO 81601 January 26, 2000 PAGE 20 RE: Powerline Professional Project Dear Mt Lourien, In response to the letter dated November 23, 1999 from the Rifle Fire Protection District, please include the following additional language to Section 1 of the application. 1. Fire Suppression: The subdivision design will adhere to the comments of the Rifle Fire Protection District as noted in the review letter of November 23, 1999. Specifically the following four items: 1. A minimum of 180,000 gallons will be provided for on site in the storage system as approved by the County and by the District and indicated on the Final Plat and Master Utility Sheet. 2_ All hydrants shall be spaced at minimum of 500 feet from a structure. Hydrants shall be capable of providing a minimum of 1.500 gallons per minute at 20 psi residential pressure. The location of infastructure tc. accommodate this standard as approved by the County and by the District shall be indicated on the Final Plat and Master Utility Sheet. 3. All roads and driveways within the subdivision shall be constructed to accommodate the weight of fare apparatus operating in adverse conditions. 4. All address within the subdivision shall be posed in a conspicuous location. If you have any further questions, please call me. GARFIELD COUNTY Building and Planning Department February 23, 2001 John Barbee Western Slope Development Company P.O. Box 324 Silt, CO 81652 RE: Powerline Professional Park Subdivision Final Plat Dear Mr. Barbee, Staff has completed another review of the amended Final Plat submittal for Powerline Professional Park, submitted January 26, 2001, and has found the submittal to still have information either incorrect or not submitted. The following are issues which need to be addressed within the Final Plat submittal prior to being reviewed by the Board of County Commissioners: 1. Well permit # 054864-F states that "the use of ground water from this well is limited to drinking and sanitary uses inside 8 commercial units." This permit needs to be amended to reflect the intent stated in the covenants, otherwise we do not have the consistency between the two documents. The Final Plats submitted to this office do not have your attorney's signature. It will be necessary to have this signature before the Board will sign the plats. 3. To comply with condition 9 of the Preliminary Plan approval, a plat note must be included on any Final Plat which states, "All mitigation measures contained within the letter of November 17, 1999, from the Colorado Geological Survey in response to this subdivision will be complied with as part of any and all Final Plats". This note is not on any of the plats. 4. To comply with condition #11, of the Preliminary Plan approval, the following must be verified/submitted: 1. That a minimum of 180,000 gallons of fire protection water will be provided on-site. This can be done by verifying that the proposed fire suppression pond has been installed and will be supplied water. To do this, as built drawings of the fire suppression pond must be submitted, and an engineer must sign and stamp verification that the pond has been completed. The volume of water the pond can hold must also be verified by an engineer. If the pond has not been completed, any SIA and letter of credit must be sufficient to complete the proposed pond. The provision of water to the pond must be verified by clarifying the submitted well permits as discussed above. This is the same statement made previously, there is no certification. It must be verified that hydrants are, or will be a maximum of 500 feet from any structure and that the hydrants are capable of providing a minimum of 1500 gallons per minute at 20 psi residual pressure. The minimum distance can be demonstrated by showing on a Final Plat where the hydrant(s) arelwill be and denoting a line(s) of 500 feet distance from the hydrant(s). No structures can be outside of this 500 feet to meet this condition. If any potentially buildable area, on the site is outside of this 500 feet, building envelopes will have to be approved which would restrict building to within 500 feet of a hydrant. The pressure figures may be verified with construction or Aas built - drawings of the system and any other necessary information that will demonstrate compliance. Again, we have no verification of this requirement. Construction or as built drawings must be submitted to verify the roads are/or will be built to accommodate fire apparatus during adverse weather conditions, and will be a minimum of 24 feet wide. The construction drawings submitted do not have an engineer's stamp or any written certification. 5. Please submit construction or as built drawings of all infrastructure, depending on the status of the infrastructure, with any and all appropriate engineer signatures and stamps. 6. Please submit the costs of all completed infrastructure, signed and stamped by a professional engineer, registered in the state of Colorado. Please also ensure that any SIA and letter of credit to be submitted, coincides with the information in this paragraph to be submitted. The Subdivision Improvements Agreement submitted needs to be revised to recognize the three (3) phases.. If you have questions, please contact this office at 970-945-8212. Sincerely, Mark L.1 ean, Director Building & Planning Department 04/12/2000 11:44 9706252969 • RIFLE FIRE PRET DIST PAGE 02 RIFLE FIRE PROTECTION DISTRICT April 11, 2000 Garfield County Building and Planning 109 8t Street Glenwood Springs, Colorado 81601 Atm Jeff Louden Reference: Powerline Professional Park Jeff, The Rifle Fire Protection District has continued to review the fire protection requirements of the proposed Powerline Professional Park East of Rifle. As you are aware, the current drawings indicate a water storage pond in the cul-de-sac at the end of the shared driveway and a water main running south to the entrance of the subdivision. Provisions have been included to allow the ie tallation ofpum,p foir pessuritatiQn of the system, r. The District has discussed t1ese matters with Mr. Barbee and is comfortable with the proposal. It has been further discussed with Mr,- Barbee that it vfill be T rely that a pump will be necessary toopresaurize the line to the south at some point, however, this requirement as weil1.aA die capalhies of the pump cannot be deteratinEduntil. the specific types of occupancies •and construction methods are determined. The District is comfortabk with. approval of the preliminary design a(pbtseated,..Final approval of the engineering and instillation will be at the final plat phase. Final determination of pressure requirements and flow q .__e_t (.e.. sprinkler system needs) is determined at the building permit phase. Thank you for your cooperation and feel free to contact me if you have any additional queattions. Sincerely, Mike organ District Chief Cc: John Barbee Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 * Rifle, Colorado 81650 \ DSKPROJ1g919905510w91Pp1at g Fr] Mar 17 11:22: 13 2006 Y g5 FS 5�p x e_ 61 8/ iA 'e X i i g J: ISOKP}IUJ\941Y9Oh Ow91br-U1 uw9 rivet Ihdr et 14: ae. uu euuu i i i i \ 0 EY • r- • • v i?:• • I(1:1 6{",1:1111 ;�{tlibFi�t;etf';Ft"iiits;"ar�����p'ff�s's,t�1�?� ; ato;i�3pp€�y;fii�sii4� ::! ± isYi,'a df Ye sr Sf if liuiJ!b O :ftill � a Il fbj {��F ?EF!'8 li $9x iul ti i; f Eaa i #x s:- II: NM . f ti :Si ii DI PI flottli Al Fj• l l'•' ' ;I yyYl; ig8: Hill i0 a 1!I ,t ��!: �45� t1d !iII �1 , .1 ;� ;R 1.1 j x �. t , , afE u• . wM1 cw POw .I PROFESSIONAL PAT( MASTER RANDY 11o11cO Msro�•1 m C001111.10.11 OLE.mewo,mm MNW..-M1. A4W.tirYl6 as t.1 w 00* a I.i O[ .0f wR s213:11L u a (WESTERN SLOPE DEVELOPMENT 50111.1th St. BOX 324, Silt CO 81652 910876.5242 SIWONEIMAGECoM j Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 RE: Powerline Professional Park Dear Mr. Lourien, March 24, 2000 Enclosed are the materials you requested for additional clarification for the Preliminary Plan phase of this project. The following requested items and a brief summary of each is provided as follows: Wastewater: The revised master utility sheet indicates the proposed location of the 8" main line. The line will run east from the Cottonwood Springs Mobile Home Park into the utility easement located along the road on the west, east and surrounding the cul-de-sac. Individual taps will be provided at the property lines for each lot. As required by the Department of Health, a waiver for expanded levels of service without the requisite engineering and construction has been applied for by Mr. Schenk. In a conversation today with Bill McKee of the Department of Health, he indicated that the status of the waiver will be disclosed to you in a formal review letter no later than Wednesday, March 29. Mr. McKee indicated that the waiver will be provided to the County as soon as possible. Water Service; Well number one, located on Lot 6, will service Lots 7 and 8 and will supply the fire storage pond as discussed in this letter. Well number 2, located on Lot 5, will service Lots 4, 5 and 6. Well number 3, located on Lot 1, will service Lots 1,2 and 3. As indicated on the revised master utility sheet, all water lines wilI be located within the utility easement surrounding the road. Individual taps will provided to each lot from this easement. Enclosed is a letter dated March 24 from Dan Mathes of Zancanella and Associates which indicates there will be a total depletion of 0.29 a.f. annually which will be augmented by an existing West Divide contract. (See Water Service Plan) Fire Protection: As requested by the Rifle Fire Protection District, a storage pond containing 180,000 gallons of available water will be provided on site. The pond is to be located within the cul-de-sac. The pond will function both as water storage and as a landscape amenity. Water will be available for direct removal from the pond by pumper truck and can be provided to individual buildings as required by the Fire Code within lines to be located in the utility easement. Individual building protection need will be met at time of building permit review. Mike Morgan, Fire Chief, in a meeting held today, indicated that the he approves of our storage plan and will provide you with a formal review letter no later than Wednesday, March 29, indicating his approval. The District will have final design control for construction drawings and development at time of final plat as will be indicated in the Subdivision Improvements Agreement. Access: Enclosed is our amended access permit (CDOT No. 399164) which allows for 100% access for a 30 acre multi -use development. We intend to work closely with CDOT to meet the requirements of the Access Code which governs access to State Highways. Given the multiple revision to the plan, any additional or updated documents you may need will be provided. Please review the existing submission materials to determine any deficiencies or item clarifications needed for the Planning Commission review. If additional information is required for further review of the project, please feel free to contact me. John Barbee cc: Balcomb & Green, DS Rk,WSD 1 0 IS. J c ?L II T. s-. - — COLOR, 7 VISION OF WATER RESOURCES DEPARTIV N OF NATURAL RESOURCES ~' lgi 1313 SHE N. ST., RM. 818, DENVER CO 80203 .: phone - inf : (3 3) 866-3587 main: (303)866-3581 ;iI,. - .r,,:- GENERA 'URPOSE Water Well Permf A 1icatiOn (Please note: other farms are available for specific uses including - resi Review instructions prior to completing loran 1. APPLICANT INFORMATION Mama of applicant Robert 0 Klein dentia), livestock, monitoringiebserv., gravel pits, registration of old welts} Must be completed in black ink or typed Moan; Addrasa P.O. Box 1198 City slate Rifle, CO 81550 Tip Coda Tdephorta number include eras code) 970-876-5242 2. TYPE OF APPLICATION (check applicable box(esll C8 Construct new well Cl Replace existing well ❑ Change (source) Aquifer ❑ Other: 3. REFER TO (if applicable): ❑ Use existing well ❑ Change or Increase Use ❑ Reapplication {expired permit} Water court case t Permit S Emergency Verbal / -VE- Well name or $ Monitoring hole acknowledgment r MH - 4. LOCATION OF WELL County Garfield Quarter/quarter NE r. Quarter Sr 1Y 14 Section 11 Township N ar S 6 ❑ El Range E or W 93 In Principal Mwidtart 6th Distance of well�from section lines q 2.J LJ .,from❑Nias Iqa. Wei[ lacseon adored. it 3ffersnt from agionew t address Of appliabis) ft from 0 E W Fat rapiacamant walks OI*. - eist•nos and drraat7on from old wan to now wag feet direction 5. TRACT ON WHICH WELL WILL BE LOCATED A. LEGAL DESCRIPTION (may be provided as an attachment): See Attached 6. USE OF WELL (please attach detailed description) O INDUSTRIAL 0 OTHER: 13:COMMERCIAL Drinking & Sanitary Use O MUNICIPAL In Business O IRRIGATION O FEED LOT — number of head : 7. WELL DATA Mtetvnurn pooping raw Tad depth 15 150 gpm feet Annual amount acre-feet AAtifer Tributary to CR 8. LAND ON WHICH GROUND WATER WILL BE USED A. LEGAL DESCRIPTION )may be provided as an attachment!: See Attached (If used for crop irrigation. attach scaled map that shows irrigated area.} B. f semis 29.5+- C. Owner Robert 0 Klein D. Last any other wells or water rights used on this Land: See Attached 9. PROPOSED WELL DRILLER (optional) Noma Collins Lcsrae l .enlrer X634 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13){a). I have read the statements herein, know the contents thereof, and state that they a true to m knowledge. Wirt The LC! Date OPTIONAL INFORMATION USGS map tame DWFi moo na. l Surface oleo. B. STATE PARCEL IDS lopdonsll: 217711100286 D. Owner 0. t ear in tract 29.5+— E. 9.5+—E. Will this be the only well on this tract? 0 YES NO (if other wells are on this tract, see detailed in t.) Robert 0 Klein Office Use Only USE(S) DIV CO WD BA MD Form GWS -45 (12195) REVISED 7/29/99 Name of Applicant: Contract # 99Q8Q9#2PJ((a) Map ID # 321 Date Activated 8/26/99 WEST DIVIDE WATER CONSERVANCY DISTRICT WATER ALLOTME CONTRACT/LEASE /00 Quantity of Water in Acre Feet: Applicant. hereby applies to the West Divide Water Conservancy District, a political subdivision of the State of Colorado. organized pursuant to and existing by virtue of C.R.S. 1973. 537.45-101, et seq., (hereinafter referred to as the 'District') for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased. or hereafter acquired by the District. By execution of this contract/lease and the attached application, Applicant hereby agrees to the following tears and conditions: 1. Water Riots: Applicant shall owl water rights at the point of diversion herein lawfully entitling Applicant to divert water. which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well. it must be understood by Applicant that no right to divert exists until a valid well permit is obtained frau the Colorado Division of Liter Resources. 2. Quantity: Water applied far by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights. and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority, the District shall release for the use of Applicant up to said quantity in acre feet per year of storage lister owned or controlled by the District. It is understood that any quantity allotted from direct flow. storage or otherwise.. to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from District's sources. Any quantity allotted will only be provided so long as water is available and the Applicant fully complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District. and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing. and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3. Beneficial Use and Location of Beneficial_U : Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal. domestic and related uses, or commercial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract No. 2-07- 70-W0547 between the United States and the West Divide Water Conservancy District). Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased. operated. or under Applicant's control. 4. Decrees__and Delivery; Exchange releases made by the District out of storage from Ruedi Reservoir and Green Mountain Reservoir. or other works or facilities of the District. or from other sources available to the District. shall be delivered to the Applicant at the outlet works of said storage facilities or at the decreed point of diversion for said other sources, and release or delivery of water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureau of Reclamation. Releases from other facilities available to 1 District shall be subject to the contracts. laws. rules. and regulations governing releases therefrom. Furthermore. the District hereby expressly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future. so long as the water service to the Applicant pursuant to this agreement. is not impaired by said action. Any quantity of the Applicant's allocation not delivered to or used by Applicant by the end of each water year (October 1). shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of payment made for such water. Water service provided by the District shall be limited. to the amount of water available in priority at the original point of diversion of the District's applicable water right, and neither the District, nor those entitled to utilize the District's decrees. may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point. and such estimate shall be deducted from this amount in each case. 5. Alternate Point of Diversion and Plan of Augmentation: Decrees for alternate points of diversion of the District's water rights or storage water may be required in order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions which may be attached to judicial approval of said alternate point of diversion as contemplated or necessary to serve Applicant's facilities or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District from any costs or losses related thereto. Applicant is solely responsible for providing corks and facilities necessary to obtain/divert the waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually transferred to the Applicant's point of diversion. the Applicant shall make annual payments to the District based upon the amount of water allotted under this contract/lease. In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its own augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amouit under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Contract/lease Payment. Mon -refundable. one time administrative charge. in the amount determined by the Board of Directors of the District from time to time. shall be submitted with the application for consideration by the District. Annual payment for the water service described herein shall be determined by the Board of Directors of the District. The initial annual payment shall be made in full. within thirty (30) days after the date of notice to the Applicant that the initial payment is due. Said notice will advise the Applicant, among other things. of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. If an annual payment is not made by the due date a flat 150 late fee will be assessed. Final written notice prior to cancellation will be sent certified mail. return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any part of a water year shall require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only If payment is not made within fifteen (15) days after the date of said written notice, Applicant shall at District's sole option have no further right. title or interest under this contract/lease without further notice. and delivery 2 may be immediately curtailed. The allotment of water. as herein made. may be transferred. leased, or otherwise disposed of at the discretion of the Board of Directors of the District. Upon cancellation of this water allotment contract/lease with the District. the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation pi al] water use. 7, Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder. including, but not limited to. reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. AA§ignment: This contract/lease shall inure to the benefit of the heirs, successors or assigns of the parties hereto. Any assignment of the Applicant's rights under this contract/lease shall be subject to. and must comply with. such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of contract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recognized by the District except upon completion and filing of proper forms for change of ownership. Upon the sale of the real property to which this contract/lease pertains. Applicant has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Rules: Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: 'Dy the rules and regulations of the Board of Directors of the District: and all amendments thereof and supplements thereto end by all other applicable law, 10. Operation and Maintenance Agreement: Applicant shall enter into an 'Operation and Maintenance Agreement' with the District under terms and conditions determined by the board of Directors of the District, if and when. :he Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, put shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration, operation. and maintenance costs; or for other costs to the District which may arise through services made available to the Applicant. 11. Change of Use: The District reserves the exclusive right to review, reapprove or disapprove any ^oposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease or sale of he water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a -materia] breach of this contract/lease. 12. Use and Place of Use: Applicant agrees to use the water in the manner and on the property described n the documents submitted to the District at the time this contract/lease is executed. or in any operation and maintenance greement provided by Applicant. Any use other than as set forth thereon or any lease or sale of the water or water riots .erein, other than as permitted in paragraph 8 above, shall be deemed to be a material breach of this agreement. 13. Title: It is understood and agreed that nothing herein shall be interpreted to give the Applicant ny equitable or legal fee title interest in or to any water or water rights referred to herein. 14. Conservation: Applicant shall use commonly accepted conservation practices with respect to the water ld water rights herein, and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use f District owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/Lease amount. Bch provides water (on the formula of one acre foot per dwelling) for ordinary household purposes inside one single family 3 ;welling, the watering of domestic livestock. fire protection. and the irrigation of up to 6.000 square feet of lawn and ,arden. Applicant shall also c.cir1y with all restrictions and limitations set forth in the well permit obtained from :he Colorado Division of Water Resources_ Watering of livestock shall be restricted to Applicant's domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering t a horse boarding facility, provided that in no event shall actual diversions exceed the amount of water provided by this ontract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this Contract/Lease. 16. Well Permit: If Applicant intends to divert through a well. then Applicant must provide to District copy of Applicant's valid well permit before District is obligated to deliver any rater hereunder_ 17. Measuring peyice or Meter: Applicant agrees to provide, at its own expense. a totalizing flow meter .nth remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of ,pplicant`s water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device )r meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result •n legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing ;his contract. Applicant hereby specifically allows District, through its authorized agent. to enter upon applicant's property luring ordinary business hours for the purposes of determining applicant's actual use of water. 18. Reorespntations:. 8y executing this contract/lease. Applicant agrees that it is not relying on any egal or engineering advice that Applicant may believe has been received from the District. Applicant further acknowledges :hat it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. LLoplicant further acknowledges that the District makes no guarantees. warranties. or assurances whatsoever about the quantity Dr quality of water available pursuant to this contract/lease. Should the District be unable to provide the water contracted 'or herein. no damages may be assessed against the District. nor may Applicant obtain a refund from the District. 19. Costs of Water Court Filing and Augmentation Plan: Should the District. in its own discretion. :hoose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation. then Applicant hereby agrees to pay to the District. when assessed. an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the proceedings. Applicant shall be assessed a pro- -ata share of the total cost incurred by the District in preparing, filing and pursuing to decree the water court case. The :ro-rata share shall be calculated by dividing such total cost by the number of contractees/lessees included in the filing. -o the extent that the District is caused additional costs because of objection fitted specifically due to the inclusion of :..oplicant's contract/lease in the filing. such additional costs may be charged specifically to Applicant and not shared on pro -rata basis by all contractees/lessees. 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Foran to Lease Water From West Divide Water Conservancy District" 'Lilly completed by Applicant and approved by the District's engineer. Said attachments shall by this reference thereto be ncorporated into the terms of this agreement. All correspondence from the District to Applicant referring to or relating .o this agreement is by this reference incorporated into this agreement as further terms and conditions of this agreement. 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OTHER WATER ='.IGHT IN ORDER TO DIVERT WATER. INCLUJDING THE WATER ACQUIRED TINDER THIS CONTRACT/LEASE, IT IS THE CONTINUING DUTY OF THE ,PPLIC.ANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL X4PLETION REPORTS. FILING STATEMENTS OF BENEFICIAL USE. OR OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A ;EGIJLAR BASIS WITHOUT WASTE. 4 22. AREA B. CONTRACTS/LEASES: IF APPLICANT'S WELL OR OTHER WATER RIGHT THAT IS TRE SUBJECT OF THIS CONTRACT/LEASE IS LOCATED OUTSIDE 'AREA A' AS DESIGNATED BY THE DISTRICT. THEN THIS PARAGRAPH APPLIES: THE AUGMENTATIDN WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER SENIOR RIGHT. NO REPRESENTATION OTHERWISE I5 MADE BY THE DISTRICT. IF THIS I5 A CONCERN TO APPLICANT. THIS CONTRACT/LEASE MAY BE RESCINDED UPON WRITTEN NOTICE DELIVERED TO THE DISTRICT BY THE APPLICANT WITHIN THE NEXT 31) DAYS FOLLOWING THE AFFIXING OF SIGNATURES ON THIS CONTRACT/LEASE IN WHICH EVENT ALL SUMS PAID BY APPLICANT FOR THIS CONTRACT/LEASE SHALL BE IMMEDIATELY REFUNDED TO APPLICANT. STATE OF COLORADO ) ) ss. SOJNTY OF GARFIELD ) The foregoing instrument was acknowledged before me on this ! 4hday of Witness my hand and official seal. 1 .. } c€mmission expires: ` ORDER 5`- . 19gby X V\ CL—j--- VmPID (Kaa_ Notary Publ i c After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application. t is hereby ORDERED that said application be granted and this contract/lease shall be and is accepted by the District. ATTEST: Secretary WEST DIVIDE rWATTER CONSERVANCY DISTRICT By President .2-6, +(1 Date This contractllease includes and is subject to the termor. and conditions of the following documents which must accompany this contract/lease: 3. Map showing location of point of diversion (use map provided) Application and Data Form fully completed and signed 5 03/24/00 14:31 FAX 9702487294 01/24/2000 a"x:20 9708765825 --• .+ r•rur, yr VCfptli14 1.00L0RAf0 bPARTMurt OF 1AM$PCRTATRdi CDOT R3 TRAFF[C WESTERN SLOPE DEV calor 113 TRAFFIC STATE HIGHWAY ACCESS PERMIT 300.00 of emendate! �01 fatcr, U4 god 0°Mr fsunr hto. 399164 mete H ehseir Narkipiaide 006D/093.500/L tiwid 3u:sel r 03/24/2000 03/02/10 - Garfield C .m....---.1Ppttcim The Permit u(s); Ref neo. 99-035 Robert 0. Klein Jahn E. Barbee P.O. Box 324 501 North 7th Street Silt, CO 81652 Silt, CO 81652 970-876-5242 970-876-5242 is htretsy granted permieion to have an access to the stew highway at the aaaatitn noted Wan. Ma amens shat be constructed. rnsinlraned and used in acrardenCa eta" the cornet Inducible the Sleets Fiin hwey Acceia Code and any ateehrr►.nts, tams. conditions and eshotairs. This permit may he re -vowed by tne teativrto author* if at spry time me permitted paras and its use vi lata any Darts et nes pawner_ The a:ruling authority, the 4apmtine i and des. duly 1 ePisotnted agents and omrlpye+ss shall be held hamlets! alpinist any soon kir *moat lniury or property damage auttainale a i try reason of Cis exereil Location: On dzt earth side of US highway 6. a cli tsriee dd 2500 feet west 6011 Milepost 94. Ams to Provide Service tin: Mufti -Use Develop.........._..,..._............_................,..,.._ 30 Arrrea 100.00 % Other terms and Oontitions: • Scc Attached pages 2 add and mer Etr_lastaer for Add:daunal Tutus and Conditions. i . w MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains iaeuing authority. by (x) l rale Upon to signlrp of this permit the permittee agrees to the terms Slid conditions add referenced attachments contained herein. All vmstructicn shalt be completed in an oxpodktexis and asafe manner and Shen be finished whin 45 days from inanition. The permitted > ass shall be completed In acCOrdande with the terms and conditions of the I7erm l prior to being uteri. The panrttttse shell notify Ruyan Geick with the Colorado Deportment of Transportation In Ripa at 970-625-2280 at least 48 hours prior to commencing cot alructtort within tete Slate Highway right-of-way. The person eating se the pennitlee mod ha tthe owner a tege1 r rtre a tetirrer of the otoperty sacred by the permitted a and have fins authority to accept the terry *tti permit and -4 . # , r+� Perin/tenIF (x) ✓` beer _ t= I 1 This permit • valid until signed by a (My atithorizsd rapresontacltive of the Department. COLO - e DEPARTMENT RTATION 8y x) if;iyg'f' /0"4" -3/27/ 67c-) /jL9,, IrMieic i . . start 1 anis+ 3 Sartrlce Section emir uaalr■ - viers Iry ter Lose/ Allis* +1rC! Pilsd T�^ar+esr 38I1RtllIYil 24/00 C 41.1111.111111416 it Mink #s hNVivoi eetterr tit etraoeste and may eel he usig =at Fuel P.AIES 03/24/00 14:09 FAX 9702487294 CDOT R3 TRAFFIC lJ02 STATE OF COLO DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction. Co 81 501 970-248-7230 office 970-248-7294 fax March 24, 2000 To: John E. Barbee 501 North 7th Street Silt, CO 81652 Dear John E. Barbee: Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments_ If you choose NOT to act on the permit, please return the permit unsigned. If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal procedures. If you ACCEPT the permit and its Terms and Conditions, please sign and date the Access Permit form on the line marked "PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next lime for the amount due. Colorado Department of Transportation S~-3ee-e& ptib f Make check or money order payable to Amount Due - Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will consider this permit Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law. If you have any questions, please call: Charles Meyer at 970-248-7230 Return Access Permit and attachments to: Region 3 Traffic Section 222 South 6th Street, Room 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Departmcnt of Transportation pursuant to section 43-2-147 C. R. S., as amended. CDOT Form #122 11/99 03/24/00 14:09 FAX 9702487294 CDOT R3 TRAFFIC al 03 STATE HIGHWAY ACCESS PERMIT #399184 Issued to Robert 0. Klein TERMS AND CONDITIONS March 24, 2000 1. This permit allows the permittee access from US 6 to all lots in the parcel. Access is based upon a Land Development Office with estimated 10 ADT, a 60,000 square foot warehouse, and necessary traffic for further development This includes, but is not limited to, construction equipment for development. The permittee will submit a development phasing schedule to CDOT within 90 days after signing the permit. The development phasing schedule will at a minimum detail a build -out and improvement pian. The developrrsent schedule shall be prepared by a professional engineer certified in the State of Colorado. 2. If there are any questions regarding this permit, please contact Mike Smith at (970) 248-7231. 3. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. All subrnittats, documents, plans and other items that must be completed, shall be submitted and approved before a Notice to Proceed will be issued. Contact the Department (or local issuing authority) for the Notice to Proceed. 4. The following items are required before a Notice to Proceed will be issued: (a) Construction Plans Stamped by a Colorado Registered Professional Engineer. (b) Certificate of Insurance Liability as per Section 2.3(11,X) of the Access Code. (c) Traffic Control Plan 5. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 6. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within 10 days at: Colorado Department of Transportation Mike Smith Region 3 - Access Manager 606 South 92' Street Grand Junction, Colorado 81501 7. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 8. This permitted access is only for the use and purpose stated in the Application and Permit. 9. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 including but not limited to restricting left hand turns by construction of physical medial separations, 10. Water, sanitary, sewer, gas, electrical, communication, landscaping, and telephone installations will require individual additional permits. 11. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 12_ Any work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 13, No highway lane closures or one-way traffic will be allowed. 14. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 15. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access location. Any livestock that does enter the highway right-of-way shall be the sole responsibility of the Permittee. 2- 03/24/00 14:09 FAX 9702487294 CDOT R3 TRAFFIC f104 STATE HIGHWAY ACCESS PERMIT #399164 March 24, 2000 Issued to Robert O. Klein TERMS AND CONDITIONS (cont'd) 16. In the event the landscaping becomes unsightly or considered to be a traffic. hazard, The Department may require that it be removed promptly by the Permittee and at no cost to the Department. 17. Landscaping shall not obstruct sight distance at any State Highway access point. 18. A fully executed complete copy of this permit must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result m the immediate suspension of work by order of the department inspector or the issuing authority. 19. Survey markers or monuments found in state highway right-of-way must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 20. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that rnight involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 21. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 22. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions, to insure proper strength, drainage and erosion control. 23. Arty incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 24. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays. 25. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D. 26. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded iri accordance with the Department standard specifications. 27. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and hi conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. 28. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mmes or the Colorado Department of Transportation, whichever applies, 29. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 30. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 31. Pursuant to section 4.10.2 of the State Highway Access Code, the access roadway shall not exceed a maximum grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line_ The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. -3- 03/24/00 14:09 FAX 9702487294 CpOT R3 7R. 1~'Pa 1C C 105 STATE HIGHWAY ACCESS PERMIT #399164 March 24, 2000 Issued to Robert 0. Klein TERMS AND CONDITIONS (cont'd) 32. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4,9 of the State Highway Access Code, 2 CCR 601-1, 33. All required access improvements shall be installed prior to the herein -authorized use of this access. 34. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 35. Compaction of subgrade, embankments and backfill shall be in accordance to section 203.07 of the Department's standard specifications. 36. The surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. (I.e. gravel if Gravel exists on current highway, Asphalt if asphalt exists on current highway.) 37. Slopes shall be at a 6:1 ratio on the roadway and a 6:1 ratio on the approach. 38. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to detain all drainage in excess of historical flows and time of concentration on site. 39. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 4- State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code, These are provided for your convenience but do not alleviate compliance with ail sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222- 3400. The request shalt include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or appl cant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes. the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing. the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit, Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4) 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department_ All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway t6ZL8lZOL6 XVd 3IddVHI Ed 10U property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, .such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers, Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T. C.D. as required by section 42-4.104, C.R.S., as amended, 7. A utility permit shall be obtained for any utility work within highway right-of- way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Departrnent or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence, All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the pemnit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan.. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the perrnittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43- 2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes to design or specifications, requires authorization from the Department. Form 101, Page 3 t'6ZL$rzOL6 XV ] DI:IdV&.L €2I LOU Mar -24-00 03:44P 970-945-1253 P.02 P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 7d,/ ZANC41148.1 4 41.40 45SOCI4TES, INC. ENCINEEPANG CO11SULT4NT5 March 24, 2000 Mr. John Barbee SK Collaboration 501 N. 7th Box 324 Silt, CO 81 652 RE: Powerline Professional Park Pond Dear John: (970) 945-5700 (970) 945-1253 Fax The proposed pond, in the cul-de-sac will be used for fire protection. The Rifle Fire Protection District requires the pond to store 180,000 gallons for this purpose. When full, the pond will have a surface area of 4616 sq.ft. Well #1 will be used to make up evaporation losses from the pond. Information from the Rifle Weather station was used to determine the evaporation loss for the pond, see attached table. The pond will require approximately 0.29 acre-feet of makeup water a year to compensate for evaporation. If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. Dan Mathes, E.I.T. CC: e1 0 a Pond Surface Area Total Evaporation Elevation ffI Month 0.106 45.0 5300 Water Surface Evaporation acres inches (From NOAA TR NWS -33) ft (1) Eva p DIst (0/0) January j 3.0% February • 3.5% (2) Evap (inches) 1.4 1.6 March 5.5% April 9.0% May i; 12.0% 2.5 4.1 5.4 (3) Ice Free %of Month (%) 0% (4) Precip (Inches) 0.9 (5) Effective Precip (inches) 0.0 (6) Net Evap (inches) 25% 0.8 100% 100% 100% June 14.5% July 15.0% August j 13.5% ember !! r 10.0% October I 7.0% 6.5 6.8 6.1 4.5 3.2 100% 100% 100% 100% 100% 1.0 1.0 1.2 1.0 1.1 1.0 1.2 t4 0.2 0.8 0.0 0.2 1.7 (7) (8) Net a Total Pond Evap � Evap (feet) F` (AF) 0.00 1 0.000 0.8 3.3 0.9 0.8 0.9 November 4.0% 1.8 December 3.0% 1.4 Annual 100.0% 45.0 83% 1.0 0.8 4.5 5.8 5.8 5.3 1.0 3.5 1.1 2.1 0.7 0.8 0% 1.2 0.0 0.0 0.02 0.14 0.27 0.37 0.48 0.49 0.44 0.30 0.17 0.07 0.00 0.002 0.015 0.029 0.040 0.051 0.052 0.047 0.031 0.018 0.007 0.000 --- 12.6 7.8 33.0 2.75 0.29 03/24100 pond_evap.123 LOYAL E. LEAVENWORTH CYNTHIA C. TESTER SANDER N. KARP DAVID E. LEAVENWORTH, JR. GREGORY J. HALL DAVID H. McCONAUGHY KELLY D. CAVE SUSAN W. LAATSCH JAMES 5. NEU JULIE C. BERQUIST ID RECEIVED AUG U 4 2000 LEAVENWORTH & TESTER, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 jsn@LTLawfirm.com August 3, 2000 Mark Bean, Director Garfield County Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Powerline Professional Park Dear Mark: DENVER OFFICE:* THE TERRACENTRE BUILDING 1100 STOUT STREET, SUITE 470 DENVER, COLORADO 80204 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 LTLawdenver@aol.com *(Please direct all correspondence to oar Glenwood Springs C3fce) We represent the City of Rifle. The developer of Powerline Professional Park requested a Watershed District Permit from the City as required by Rifle Municipal Code §10.05.010 et seq. and authorized by C.R.S. §31-15-707(1)(b), as amended, and Article XX of the Constitution of the State of Colorado. This letter is to inform you that the City Council granted the Watershed District Permit at its August 2, 2000 meeting, conditioned on the applicant providing proof of public notice for the hearing. Until we receive the proof of publication, Powerline Professional Park DOES NOT have a valid City of Rifle Watershed District Permit. We will inform you when this requirement has been met, and provide you with a copy of the Watershed District Permit. If yon have any questions, please feel free to contact me.. Very truly yours, LEAVENWORTH & TESTER, P.C. JSN:bsl cc: Selby Myers Bill Sappington Pat Hopkins John Barbee I :12[](][11 Letters-Memos\R3 F L [.-13ean-Powerline- Itr ld f f mes S. Neu GARFIELD COUNTY Y Building and Planning Department July 12, 2000 John Barbee Western Slope Development Company P.O. Box 324 Silt, CO 81652 RE: Powerline Professional Park Subdivision Dear John, As per our meeting of Friday, July 7, 2000, please submit to the Planning Department, a letter from the Cottonwood Mobile Home Park, authorizing the Business Owner's Association for Powerline Professional Park to maintain and manage the sewer system on the Powerline Professional Park property. This will allow me to complete the Resolution for Powerline Professional Park. If you have any questions or concerns, please contact this office. Sincerely, Jeff Laurien, Senior Planner Building & Planning Department JOHN A. THULSON EDWARD MULHALL, .JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON LORI J. M. SATTERFIELD EDWARD B. OLSZEWSKI DAVID SANDOVAL DENDY M. HEISEL JEFFERSON J. CHENEY • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. O. DRAWER 790 818 COLORADO AVENUE GLENW000 SPRINGS, COLORADO 81602 Telephone: 970.945.6546 Facsimile: 970.945.8902 April 17, 2000 Jeff Laurien Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601. RE: Powerline Professional Park Subdivision Dear Mr. Laurien: or: COUNSEL: KENNETH BALCOMB With this letter we inform you that the law firm of Balcomb & Green, P.C. will no longer be representing the applicant in the above -referenced matter. l wish to thank you for your attention to this matter and the time that you took with me in February to discuss the application. cc: Don Deford, County Attorney Very truly yours, BALCOMB & GREEN, P.C. By David Sandoval RECEIVED APR 1 8 2000 RECEIVED PR � 200 011 • WESTERN SLOPE DEVELOPMENT CORE re BOX 1141, ME CO IMO iikcOmmi•aga em lirsel 1111111.5 142 Fax 110/1 14425 Call: 910.3791556 Garfield County Building & Planning Dept. Atm: J€PfLaurien 109 8th St. Ste. 303 Glenwood Springs, CO 81601 RE: Powerline Professional Park BOCC Heating Dear Mr Laurien, April 17, 2000 This letter is a follow up to the Planning Commission bearing of April 12. Wes -tem Slope Development hereby waives all rights to any time periods as required by the Subdivision Regulations for review by the Board of County Commissioners and request that the Powerline Professional Park application be heard before the BOCC at the June 19, 2000 regular hearing. Please contact me if you have any questions. Sincerely, John Barbee Z0 mad A30 38015 Nd31S3M 5Z859L8BL6 8b :61 BOOS/91/u0 • RECEIVED APR 1 0 2000 (WESTERN SLOPE DEVELOPMENT 50111.7th St. BOX 524, Silt CO 81552 n OWASIMMIAOLC Garfield County Atte.:: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 April 10, 2000 RE: Powerline Professional Park Dear Mr. Lourien, In response to the Division of Water Resources letter dated 4/3100, I would like to include the following addition to the Fire Suppression Plan: The proposed fire pond -w-ill be filled .as an unadjucated priority via the Grand River Ditch. The pond will be topped off using either the ditch or the wells, therefore, at this time we have only provided for evaporation needs. As indicated in the Water Supply Plan, well number one, located on Lot 6, will service Lots 7 and 8 and will supply the fire storage pond as discussed m this letter. Well number 2, located on Lot 5, will service Lots 4, 5 and 6. Well number 3, located on Lot 1, will service Lots 1,2 and 3. As indicated on the revised master utility sheet, all water lines will be located within the utility easement swrounding the road. Individual taps will provided to each lot from this easement. Please forward the enclosed items to the Division of Water Resources for their review, and I would like to ask that any modifications as requested by the Division be included as conditions of approval. If additional information is required for further review of the project, please feel free to contact me. r Thank you, c John Barbee VO 39 d A30 3dO1S N631S3M SZ8S9L80L6 95:T0 0003/0TIa I. i1CGtJJ"-0,.-, Ai C POWERLINE PROFESSIONAL PARK SUBDIVISION PRELIMINARY PLAN STAFF REPORT SUPPLEMENT FEBRUARY 9, 2000 Given that critical new information regarding water supply and sewage disposal were submitted by the applicant and pertinent State agencies today, only hours before the scheduled public hearing, it is necessary to include this Staff Report Supplement to attempt to clarify the issues at hand. As in the Staff Report prepared for this hearing and circulated to Planning Commission members and the applicant last week, there are three (3) major issues facing this application. These issues are discussed below with regard to the most up to date information available from the applicant and pertinent State agencies. F F 2 WATER SUPPLY:fejvt.A/v L 1gn A fax was received today, (February 9, 2000) from the Division of Water Resources. This information is submitted as Exhibit "0". This letter states, "Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(1), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits and limits the well water use to those uses permitted (drinking and sanitary purposes inside commercial businesses), and is physically adequate." (Bold and Italics added for emphasis). This letter further states. "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for these wells. If these documents are not received prior to October 21, 2000, for Permit No. 52691-F, and February 8, 2001, for Permit Nos. 53267-F and 53268-F, the well permits will expire and be of no effect." This issue must be resolved for Final Plat approval. .� Vc) f l c rf e r-- by la LQiven the comments received in this most recent letter from the Envision of Water Resources, o3,/ t f is the applicant has satisfied Section 4:91 (A) of the Garfield County Subdivision Regulations, however,,gll recommendations included in said letter must be complied with by the applicant for any approval of this application, Cb.",-- g_ 4 -- WASTE Vi,WASTE DISPOSAL: --c The Planning Department received a fax today (February 9, 2000) from the applicant regarding waste disposal including a letter from John R. Schenk, of the Cotton Wood Springs, LLC (Mobile Home Park) (see Exhibit "P"). This information reports on an "agreement in principle" with Cottonwood Springs, LLC for waste disposal as outlined in the letter. This is entirely new information from the applicant, although comments received from the Department of Health recommended reviewing such a possibility and the applicant submitted information regarding this possibility, the applicant has until today, been proposing individual sewage disposal • systems for all of the eight (8) proposed lots. Thus, sew tm is entirely new and staff has had very her, the Department ijH?aWr- has -not -hind an and 1 Depart ensure Dep res De 3 red COmmisslone favorab I add e are still not in receipt lth recommende osal mould an at s eh. p e, of . ealth s as b en rece. ed re ent + Heal if still sta en . • 'on approv. c Go this proposal to connect to an existing little time to review this information. opportunity to review this new information a favorable letter from that Department. tat -hough, the that the -a plicant look i r o thi = .a ility it doenot e accepte+ by the Pep ppQrtuni ` to revie this 51 of be e ere rma etter d of fie new propo n th curre favor Color al not es o plan .. receive p ess the departure of health to which the p recommendation regarding the proposed method of sewage th. Thus, 1 and,a fa letter fro ie l9t{er do Revise• S f tutes ftlfe boar+ s county referred has made a sal." Emphasis d til th arab th ction Forehep,ow that the applicant has decided to proceed with connection to an existing sewer system, Section 4:92 (C)of the Subdivision Regulations becomes pertinent. This Section states: If public or private sewage treatment facilities are to be provided by an existing district or through the connection to an existing sewer system, evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: Letter from an authorized representative of the facility or system stating that the proposed development can and will be served; L2 , , �`7r� n Nature of the legal entity which will own and operate the sewage treatma (.tetit-, ent works; and ir✓°a V 4. f Proposed method of f nancing the sewage treatment works. 1. Although this letter may appear to be a can and will serve Ietter there exists some serious doubts as to whether the system can actually serve the proposed development. The first paragraph of this letter is very important and must be read in detail (see letter). Given what this says, a significant assumption is being made with regard to these conditions being approved by the Department of Health. j - t +-_.k 3 had• ty-te-review this -new information and even this letter concedes that t, .L t- rrnv'i F a� must a ga ec fr..,, . hes �e appears { -rr 13-8 Thus, it a arS that 11 Cottonwood Springs cannot say without a doubt that they can serve this development O proposal. Whether they can serve, can only be determined by the Department of Health. No proposed method of financing the sewage treatment works has been submitted by the applicant. Given that the applicant expressed concerns over the increased costs of sewage treatment beyond the use of ISDSs, there is a concern as to how this proposal will be financed. Thus, the applicant has not complied with Section 4:92 C of the Garfield County Subdivision Regulations. • • 11, ROADS: This past Monday, February 7, 2000, the Planning Department received a fax from the applicant with regard to access to the proposed development (see exhibit "M"). This information included a State Highway Access Permit to the subject property. However, it must be clearly noted that this permit is only for a Land Development Office producing 10 ADTs and Warehousing in the amount of 60,000 square feet. Further, conditions 6 and 7, which have been agreed upon by the applicant by them signing the permit state, " (6) This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated conditions. (7) This permitted access is only for the use and purpose stated in the Application and Permit." Given that this permit is only for a Land Development Office and 60,000 square feet of warehousing, this permit does not address the submitted and proposed application before us tonight. It only addresses what would be found on approximately one (1) lot of this proposal. This proposal is for a total of eight (8) lots. Section 4:60 (C) states, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law." This permit does not constitute this evidence as required. Thus, the applicant has not complied with Section 4:60 (C) of the Subdivision Regulations. FIRE PROTECTION: It is also important to note that the applicant has not submitted adequate information regarding fire protection as outlined in the original staff report for this hearing (p. 15). Information as outlined in the original staff report must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. RECOMMENDATION: Staff recommends DENIAL of the proposed subdivision of land based on the following:: 1. Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." The department of health (department of Public Health and Environment) has submitted a letter dated November 22, 1999, which is not favorable as discussed in this report. 2. Section 4:92 (C), of the Subdivision Regulations requires "evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: • I. Letter from an authorized representative of the facility or system that the proposed development can and will be served; 3. Proposed method of financing the sewage treatment works. The applicant has not complied with this regulation. 3. Section 4:60 (C), of the Garfield County Subdivision Regulations, requires, "Evidence that all lots and parcels created will have access to a public right-of- way, as required by state law." The applicant has failed to meet this requirement as discussed in this report. • 4i) GARFIELD COUNTY Building and Planning Department C__________ 7\)( r tt f1, o a... jG February 14, 2000 John Barbee Western Slope Development Company P.Q. Box 324 Silt, CO 81652 RE: Powerline Professional Park Subdivision Preliminary Plan Dear Mr. Barbee, As per our telephone conversation on Friday, February 11, 2000, please be advised that since you are now proposing a central water supply (3 wells with a well sharing agreement), Section 4:91 B, of the Subdivision Regulations becomes applicable which states: If central supply and distribution system is to be provided, a general description of the system, as designed by a Colorado registered engineer, In addition: I. Nature of the legal entity which will own and operate the water system; and 1 2. Proposed method of financing the water system. oma ` ,. yti This information must be submitted, in a timely manner, for review by the Planning Department for the scheduled April 12, 2000, Planning Commission meeting. Further, as we discussed, required information regarding Fire Protection will need to be submitted for review by the Planning Department. This information must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. To attempt to clarify what is needed 1 offer the following from the Subdivision Regulations: Section 4:90 Supplemental Information: Utility Plan Section 4:91 of the Subdivision Regulations states: A water supply plan, at the same scale as the Preliminary plan..: rf � L��/ fnrri,- These sections require a utility/water supply plan be submitted outlining how water will be supplied to the S/'" proposed subdivision. With regard to fire protection you have indicated that the recommendations received • • from the Rifle Fire Protection District dated November 23, 1999, will be complied with. However, this does not include the required utility/water supply plan as indicated above with regard to fire protection since it is part of the water supply. A utility/water supply plan must be submitted including information regarding fire protection including but not limited to the proposed location of the required 180,000 gallon storage tank, how water will be supplied to the tank and how that water will be supplied to individual lots. As stated above, this information must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. Further, all information as discussed in the staff report and supplemental to the staff report which were part of the February 9, 2000, Planning Commission hearing, and information discussed at said hearing must be submitted for review by the Planning Department for the scheduled April 12, 2000 Planning Commission Hearing. If you have further questions or concerns, please contact this office. Sincerely, Jeff Laurier, Senior Planner Building & Planning Department .dtdd..4 • 4, GARFIELD COUNTY Building and Planning Department February 14, 2000 John Barbee Western Slope Development Company P.O. Box 324 Silt, CO 81652 RE: Powerline Professional Park Subdivision Preliminary Plan Dear Mr. Barbee, As per our telephone conversation on Friday, February 11, 2000, please be advised that since you are now proposing a central water supply (3 wells with a well sharing agreement), Section 4:91 B, of the Subdivision Regulations becomes applicable which states: If a central supply and distribution system is to be provided, a general description of the system, as designed by a Colorado registered engineer. In addition: I. Nature of the legal entity which will own and operate the water system; and 2. Proposed method of financing the water system. This information must be submitted, in a timely manner, for review by the Planning Department for the scheduled April 12, 2000, Planning Commission meeting. Further, as we discussed, required information regarding Fire Protection will need to be submitted for review by the Planning Department. This information must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. To attempt to clarify what is needed I offer the following from the Subdivision Regulations: Section 4:90 Supplemental Information: Utility Plan Section 4:91 of the Subdivision Regulations states: A water supply plan, at the same scale as the Preliminary plan... These sections require a utility/water supply plan be submitted outlining how water will be supplied to the proposed subdivision. With regard to fire protection you have indicated that the recommendations received from the Rifle Fire Protection"strict dated November 23, 1999, will be complied with. However, this does P not include the required utility/water supply plan as indicated above with regard to fire protection since it is part of the water supply. A utility/water supply plan must be submitted including information regarding fire protection including but not limited to the proposed location of the required 180,000 gallon storage tank, how water will be supplied to the tank and how that water will be supplied to individual lots. As stated above, this information must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. Further, all information as discussed in the staff report and supplemental to the staff report which were part of the February 9, 2000, Planning Commission hearing, and information discussed at said hearing must be submitted for review by the Planning Department for the scheduled April 12, 2000 Planning Commission Hearing. If you have further questions or concerns, please contact this office. Sincerely, Jeff Laurien, Senior Planner Building & Planning Department • GARFIELD COUNTY Building and Planning Department February 1, 2000 Bill McKee Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Re: PowerIine Professional Park Mr. McKee, PIease find enclosed a copy of a further response in addition to the information submitted to your Department from our Department in a letter dated January 27, 2000, from the applicant for Powerline Professional Park with regard to your departments letter of November 22, 1999. This is new information submitted with regard to the Powerline Professional Park. Pursuant to Colorado Revised Statute 30-28-136, please review this new information and return your comments to the Garfield County Building and Planning Department. If you have any questions, please do not hesitate to contact me at the Building and Planning Department. Sincerely, Jeff Li#urien, B.E.S., MSc.P. Senior Planner 109 8th Street, Suite 303 81601 945-8212/fax 945-7785 Glenwood Springs, Colorado WESTERI {(KnnsL 8 SIMINEISIOLCOP 970111.5242 Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, co 81601 RE: Powerline Professional Project Dear Mr. Lourien, SLOPE DEVELOPMENT 324 Sili CO 81652 February 1, 2000 This letter is to inform you of an amendment to the three alternatives for sewage disposal, as detailed in the letter to you dated 1-26-00, Following recent discussions with the Colorado Department of Public Health, we have been requested to examine the feasibility of connection with the Rifle municipal system. Service would require a connection in excess of one mile from the site to the point indicated on the Rifle Sanitary Sewer As -Built map. Right of way have across private land for the majority of the corridor will bave to be obtained. Two lift stations will be required. The first lift station will pump the waste stream 400 feet to the top of the mesa, with a second station located between mesa top and a drainage to the west. The material will be transported more than one mile. The estimated infastructure improvement costs are as follows - ITEM 9t.ANTITY UNIT COSI COST Mobilization 1 LS_ 525,000 525,000 Earth Work 1 L.S. 5750,000 5750,000 8" SDR -34 Sewer Pipe 5,480 L.F. 533.00 5180,000 4' Dia manholes 12 E.A. $4,000 $48,000 Encasement 1 L.S. $90,000 590,000 Lift Station 2 E.A. $125,000 $250,000 Connections to Inlet & Outlet 1 L.S. 525,000 $25,000 Tap Fees 1 L.S. $48,000 $48,000 Easement Aquisition 1 L.S. $100,000 $100,000 20% Contingency 1 L.S. $45,000 545.000 $1,561,000 In addition to the high infastructure costs, the long term maintenance of stations would be a burden on the City of Rifle. Given the above mentioned factors, this option is not feasible. ZO 397/d iovvvpbtiGGbw2y 5Z8S9L80L6 ZZ:ZO 008Z/I0/Z0 Further information provided to the Division essentially recaps our findings and further thoughts on the four alternatives. Connecting to the Cottonwood Springs MHP system is not desirable. Cottonwood may have plans for their excess capacity and utilization of this capacity would preclude this option for Cottonwood. Additionally the plant owners have spent considerable time, effort and money to maintain their system to the high operational standards as required by the State and are concerned that careless or accidental discharge by a commercial business may adversely affect the operational capacity of their system_ In conversation with the CDPHE Grand Junction office, we were advised that a second central facility either a mechanical- or aeration system, although feasible, would not be preferred over ISDS_ ISDS appears to be the preferred option and the use of ISDS was chosen based on the preferences indicated to us by the Grand Junction office. Cost estimates have provided directly to Mr. McKee. Please include this information with the Planning Commission information packet. If you have any further questions, please call. John Barbee £0 39Vid avvvv vvvvvvvzy SZ8G9L80L6 ZZ =ZO OM/IMO RIFLE SANITARY SEWER AS BUILTS r• Smitaryklaftlet '.... SarTAISili Selter 4...011. Rgle Cily Lirreitt .i *S. ,:eito Itallmii ..— W....korai irta tim Z1111011011 11 1111-4.1.4--- flit' 17111111.-4 161.1111P1 :I !NEEL ikaol, 1CM:15 alarms' hi Mai imn 11 gig ; IZsab; ' I 111 rillIIIII W 11 on - -at-- , ne a to aim OM Villa Ir Eak laa 1 , 2 ra 1 11 1 111 11• ftmaripis ww. Li), 0. A 1 -1-, In bee4iii-Ryastvii4 swim i M.—ril !It. •I1V a . i 1. ill - i r. WU VAL . lia Sewsr Conriectione:',1„..1 to Sits --.r z VVVVVVVVVVVVZY S8S9L8OL6 ZZ:Z� 0003/TOM GARFIELD COUNTY Building and Planning Department January 29, 2000 Bill McKee Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Re: Powerline Professional Park Mr. McKee, Please find enclosed a copy of the response from the applicant for Powerline Professional Park with regard to your departments letter of November 22, 1999. This is new information submitted with regard to the Powerline Professional Park. Pursuant to Colorado Revised Statute 30-28-136, please review this new information and return your comments to the Garfield County Building and Planning Department. If you have any questions, please do not hesitate to contact me at the Building and Planning Department. Sincerely, L JeffLaurien, B.E.S., MSc.P. Senior Planner 109 8th Street, Suite 303 81601 Sq- 1)1'-dt 945-8212/fax 945-9985 Glenwood Springs, Colorado 1-;PP'r C 07 rr itaYft,n. PROJECT INFORMATION AND STAFF COMMENTS PC 01/12/00 REQUEST: Preliminary Plan review of the Powerline Professional Park Subdivision. APPLICANT: Western Slope Development Company. ENGINEERS: High Country Engineering, Inc. PLANNERS: SK Collaboration. LOCATION: A parcel of land situated in Section 11, T. 6S., R. 93W., of the 6th P.M.; located on Highway 6/24, approximately 1/4 mile east of Rifle. SITE DATA: 29.510 acres. WATER: Individual wells. SEWER: I.S.D.S. ACCESS: Highway 6/24. ZONING: Commercial General (C/G). ADJACENT ZONING: East: C/G West: RJG/SD, GIG North: Ali South: All I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel of land is located in District B (Subdivisions/Rural Serviceable Areas), of the Garfield County Comprehensive Plan, 1984. The parcel is also included within the City of 1 Rifle Comprehensive Plan area, 1998, which designates the property as County Industrial. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located approximately 1/4 mile east of Rifle, on the north side of Highway 6/24, directly east of the Cottonwood Springs mobile home park. The site is flat, with slopes less than 1%, with an overall elevation difference of 15 feet from the north to south property lines. The site is undeveloped other than the power lines as indicated on the submitted Preliminary Plan. The site consists of an open field with ricegrass, wheatgrass, j unegrass, serviceberry and big sagebrush, with wheat and an infestation of yellow toadflax, Common Burdock, Leafy Spurge and Musk Thistle. B. Development Proposal: The applicant is proposing to subdivide the tract into a total of 8 commercial lots on the 29.510 acre parcel. The lots range in size from 2.819 acres to 5.716 acres with an average lot size of 3.69 acres. Water is to be supplied by individual augmented commercial wells on each lot. Individual Sewage Disposal Systems are proposed for each lot. Access will be via a private road/cul-de-sac off of Highway 6/24. III. REVIEW AGENCY/PUBLIC COMMENTS A. Colorado Division of Water Resources: The Colorado Division of Water Resources stated in a letter dated November 26, 1999 that, "the proposed water supply will cause material injury to decreed water rights and is inadequate." The letter further stated: "The submittal did not include an estimate of water requirements"; "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for this well.", "... to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed." (See letter p. 19). At the request of the applicant, additional information as submitted by the applicant was forwarded to the Colorado Division of Water Resources for further review to determine if the comments of the above discussed letter would change. In a letter dated December 22, 1999, the Division of Water Resources states, "Review of this additional information indicates that the comments in our letter of November 26, 1999, still apply." (See letter pgs. 20,21). B. City of Rifle: The City of Rifle commented on this application in a letter dated December 3, 1999, and stated that, "the City does not oppose this proposal and it 2 would ask the County to consider the following concerns:" • The City supports the creation of jobs and tax base in and around Rife. The City would expect the County to take appropriate measures to ensure that the effects of this development would create no short or long term damage to this area (visual, environmental, social, etc.) One specific concern of the City is that Rifle's primary domestic water intake is in close downstream proximity to this project, and this area has relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. The City would request that as this parcel is developed the requirements of the Rifle Municipal Code, Title 17 and the Re Public Works Manual be followed The City would expect at some date that this area be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City development standards. (See p. 22). C. Colorado Department of Public Health and Environment: In a letter dated November 22, 1999, the Colorado Department of Public Health and Environment stated: "... we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility"; "...tests performed for the intended ISDS for each lot, revealed that soils and depth to groundwater are such that mounded systems would need to be engineered."; "We suggest that Garfield County request the applicant to examine other wastewater disposal options besides ISDS for each lot" (See letter p. 23) D. Bookcliff Soil Conservation District: In a letter dated November 30, 1999, the Bookcliff Soil Conservation District responded with concerns about noxious weed control, and suggested that the subdivision applicant contact Garfield County Vegetation Management for proper weed control of noxious weeds on site. Further, the district stated: "Any cuts for roads or construction should be revegetated to prevent erosion." (See letter pgs. 24, 25) E. Garfield County Vegetation Management., Steve Anthony, of Garfield County Vegetation Management, responded to the application in a memorandum dated. November 29, 1999, in which he states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in 3 an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, Schedule of treatment, Plans of followup, Name applicator that will do the work." (See letter p. 26) F. Colorado Division of Minerals and Geology: In a letter dated November 17, 1999, the Colorado Division of Minerals and Geology responded, "...each building site should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with several specific mitigation measures to be followed under varying conditions which should be followed. (See pgs. 27, 28) G. Public Service Company of Colorado: In a letter dated November 16, 1999, the Public Service Company of Colorado stated they have no material objection to the development, however, they pointed out some issues we may wish to discuss with the developer including: ► Denoting the proposed utility installation within the proposed 60' access easement. • ensuring that adequate (10 feet on either side within the proposed 60' easement) space is provided within the 60' easement for the placement of above ground facilities. ■ The fact that there is no distribution gas in Highway 6 & 24, and that if this development is to be served with natural gas, access would have to come from either County Road 210, to the north, or the Cottonwood Trailer Park to the west, depending on loads. ► Ensuring that proposed berms are far enough removed from existing overhead lines, and that they do not interfere with the access and operation of these facilities. ■ Finally, any requirements over and above the licensing agreement with Tri-State which may be required if facilities are placed within the proposed 60' right-of-way. (See letter pgs. 29, 30) H. Garfield School District No. Re -2, Garfield School District No. Re -2 stated "At this time there are no concerns or comments.", in a letter dated November 9, 1999.(See letter p. 31) Garfield County Sheriff's Department: The Garfield County Sheriff's Department 4 has no concerns or comments, as stated in a letter dated November 10, 1999. (See letter p. 32) J. Rifle Fire Protection District: The Rifle Fire Protection District stated five recommendations for the proposal in a letter dated November 23, 1999 (See p. 33): 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PSI residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. k Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. K. Colorado Department of Transportation: In a letter dated December 14, 1999, the Colorado Department of Transportation made several comments which need to be closely examined with regard to this application and are partially summarized here: 1. "Trip Generation, Sixth Edition, Institute of Transportation Engineers, is the only accepted material for determining site trip numbers." The Traffic Study submitted by the applicant used the fifth edition. "There is a discrepancy in numbers in the range of 6 to 25 percent increases between the fifth and sixth editions. The difference however, is negligible in it effect on the State Highway Access Code (2 CCR 601-1) requirements for access improvements." 2, "...although warrants are not met at this time, this intersection will meet warrants by 2020. (The 20 -year projection is required by the Access Code) It would be the recommendation of the Department to consider long-range plans in the area." Further specific comments regarding required highway access improvements were made which need to be closely examined and are contained in the attached letter (pgs. 34-44). At this time CDOT is prepared to issue an access permit, Permit #399164, with attached conditions (See letter) which must be adhered to in this application for a subdivision to provide adequate access to the subject property. City of Rifle Attorney (Leavenworth & Tester. P.C., Attorneys at Law): In a letter dated December 16, 1999, as the City Attorney for the City of Rifle, the City 5 Attorney states, "It appears likely that the proposed subdivision would require a Watershed Permit, We ask that such Permit be required by the County prior to final plat approval." (See letter p. 45) M. Colorado Division of Wildlife: No comments were received. N. U. S, West Communications; No comments were received. U. Emergency Management: No comments were received. IV. MAJOR ISSUES AND CONCERNS 1. Water Supply. Since centralized municipal water is not currently available in the area, the applicant is proposing individually augmented commercial wells for each of the proposed eight (8) lots. At this time, the Planning Department is in receipt of a lett dated November 26, 1999, from the Division of Water Resources as outlined above, which states, "... .'sed water su • •l will rial in; ,, o decreed water rights and is inadequate:." In a follow-up letter dated December 22, 1999 responding to additional information submitted by the applicant, the Division of Water Resources states, "Review of this additional information indicates that the comments in our letter of November 26, 1999, still apply."Given this information from the Division of Water Resources, the applicant has not satisfied Ste' _I (A) of the Garfield County Subdivision Regulations which states in part, "In all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision." In addition, the letter from the Division of Water Resources outlines other deficiencies in the information supplied by the applicant including: "The submittal did not include an estimate of water requirements." "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for this well." "...to be considered a legally reliable source of water the well must be included in a court approved augmentation plan, since there is no guarantee that a temporary substitute supply plan will be renewed." These issues all need to be adequately addressed by the applicant for the Division of Water Resources to supply a favorable response to the applicant's water supply plan. In an analytical report of the water supply for the proposed subdivision, submitted by the applicant, and completed by John. C. Kephart & CO., Grand Junction Laboratories, there is a note which states, "Exceeds water supply limits for Sodium, Sulphate, Dissolved Solids and hardness. The overall mineral salt content is too high for human drinking water; treatment would be needed before drinking. Softening alone will not correct this problem, Reverse Osmosis is recommended." In addition, in a letter received from Michael Folse, a Colorado registered engineer, with regard to water quality, he states that the water sample used contained high levels of 6 dissolved solids. He further states, 'Dissolved solids are routinely removed using available reverse osmosis systems. The water quality with proper treatment should pose no risk to human health." Without reverse osmosis systems the water is not potable, thus, these systems will be required for any approved application. To this end, any approved covenants for this development must include the need for annual monitoring of the required reverse osmosis systems of each lot/building to ensure that the systems are functioning properly to supply potable water to each and every buildingflot. The applicant has submitted a contract #990612RK (a) from the West Divide Water Conservancy District as part of their water supply plan. In a letter dated June 29, 1999, from the West Divide Water Conservancy District, submitted by the applicant, the letter states, "This water allotment contract may require you to obtain a well permit from the State Engineer's office. Once your well is drilled you are required to install a measuring device and submit a meter reading to West Divide." In conversations with Craig Lis, of the Division of Water Resources, he states that well permits are needed for every proposed lot before the comments received from the Division of Water Resources would change. At this time only one well permit has been issued for the subject property. Given the above information, it is clear that significant water supply concerns are present in this application at this time. Although it appears that the quality of the water available can be adequately treated through reverse osmosis, to make it potable, it is clear that proof of an adequate supply of water in terms of quantity and dependability has not been provided. Proof of adequate supply of water in terms of quantity and dependability must be provided by the applicant for Preliminary Plan review. 2. Zoning: The subject property is zoned Commercial General (CIG). Uses by right: Single-family, two family and multiple family dwelling, and customary accessory uses including building for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park; boarding and rooming house; hotel, motel, lodge; Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library; Hospital, clinic, nursing or convalescents home; group home for the elderly. Office for conduct of business or profession, studio for conduct of arts and crafts, provided all activity is conducted within a building; 7 Commercial establishments, as listed below, provided the following requirements are observed; (1) All fabrication, service and repair operations are conducted within a building; (2) All storage of materials shall be within a building or obscured by a fence; (3) All loading and unloading of vehicles is conducted on private property; (4) No dust, noise, glares or vibration is projected beyond the lot; Wholesale and retail establishment including sale of food, beverages, dry goods, furniture, appliances, automobile and vehicular equipment, hardware, clothing, mobile homes, building materials, feed, garden supply and plant materials; Personal service establishment, including bank, barber or beauty shop; Laundromat laundry or dry-cleaning plant serving individuals only; miniature golf course and Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading room, private club, theater and indoor recreation; General service establishment, including repair and service of automotive and vehicular equipment, vehicular rental, service and repair of appliance, shop for blacksmith, cabinetry, glazing, machining, mini -storage units, printing, publishing, plumbing, sheet metal and contractor's yard. General service establishment including lumberyard, motor freight depot and storage. Uses. conditional: Row house, home occupation; parking lot or garage as principal use of the lot. Plant for fabrication of goods from processed natural resources. Uses. special: Automotive service station or washing facility; camper park; mobile home park; communication facility, correction facility. Any use, by right, in this zone district used principally as a drive-in establishment where the customer receives goods or services while occupying a vehicle; water impoundments, storage, commercial park; utility lines, utility substations; recreational support facilities. Plant for processing natural resources and agricultural materials into food and beverages; communication facility, correction facility. Salvage yard, water impoundments, automobile racetrack and material handling; recreation support facilities. Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which shall be eighty-five percent (85%). The County Commissioners may require adequate screening of all parking and roadway areas in commercial uses from adjoining residential uses and public streets. A maximum of ten percent (10%) of the total parking and roadways areas may be required to be devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual impacts. Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line for lots occupied by residential uses; seven and one-half (7.5) feet for lots with no residential occupancy; (3) Side yard: Ten (10) feet from side lot line or one half (1/2) the height of the principal building, whichever is greater. Maximum Height of Building,. Thirty-five (35) feet. Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Minimum yard setbacks have not been identified on the submitted Preliminary Plan, these must be shown on any Final Plat submittal. In addition, no buildings can be constructed within the electric easements on the subject property, as such this should be clearly identified on any Final Plat submittal. The applicant has identified the proposed uses on the proposed eight (8) lots to be "a mix of business office, storage and shop uses". This is a very general description of uses and given the property is zoned C/G, any uses by right or by conditional or special use can potentially be located on the proposed lots. With this in mind, it is difficult to accurately assess impacts of the proposal specifically in terms of traffic generation and fire suppression water required (discussed later in report). This must be taken into consideration with any recommendation(s) made on this application. Section 5.01.02 (3) of the Garfield County Zoni , 1 4 _ ation deals with Minimum Off-Street9arking. The applicant is proposin on -street arking at a rate of 1.25 spaces per 100 square feet of commercial floor area. o off-street parking has been proposed. To comply with Section 5.01.02 (3) of the Zoning Regulations, off-street parking must be supplied for retail and service commercial uses, as proposed by the applicant, at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area). For on -street parking to be allowed, the proposed access street must be designed in conformance with Subdivision Regulation 9:35 (7) Roadside Parking. On -street parking is examined further in the section below labeled "roads". 3. Roads: Access to the subject property is proposed via an existing access point on Highway 6124, where a private road approximately 600' in length with a cul-de-sac at the end will be built accessing each proposed lot. CDOT has stated that a new Access Permit must be issued for access to the subject property given the proposal for eight (8) new commercial/industrial lots. The private road is also proposed to run through and parallel to two (2) existing power line easements owned by Tri-State Generation and Transmission Association, Inc. The applicant has stated that an application to modify the existing access permit for the increased usage has been submitted to the Colorado Department of Transportation. In fact, any existing access permit cannot be modified, rather, a new access permit must be issued. In the letter received from CDOT, dated December 14, 1999, and briefly outlined above, CDOT is prepared to issue an access permit for the property with attached conditions which must be adhered to in order to ensure adequate access to the subject property. If the applicant accepts the conditions as specified by CDOT, the applicant must submit the $300 fee for the access permit to receive the permit, and then must satisfy all requirements of the issuance of the access permit as outlined in the letter from CDOT, dated December 14, 1999. At this time, the applicant has not submitted the $300 fee for the access permit to be issued. Thus, the applicant has not satisfied Section 4:60 of the Garfield County Subdivision Regulations which requires, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law." A copy of an agreement between the applicant and Tri-State Generation and Transmission Association, Inc., to allow the applicant to build the proposed on-site 10 60 foot right-of-way within the transmission line easements, for access to the proposed eight (8) commercial lots has been submitted. This agreement will have to be followed by the applicant as outlined in the agreement as a condition of any Final Plat approval in order to satisfy Section 4:60 (C) of the Garfield County Subdivision Regulations which requires, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law." Given the submitted Traffic Study indicates an average daily trip generation of 1,761, the on-site access road will have to be constructed to meet Minor Collector standards as outlined in Section 9:35 of the Garfield County Subdivision Regulations. This includes a minimum right-of-way width of 60' and a minimum lane width in each direction of 12'. As discussed earlier, the applicant is proposin cin -street parking spaces at a rate of 1.25 spaces per 100 square feet of commercia r area. this, Section 9:35 (7) Roadside Parking, of the Garfield County Subdivision Regulations, which states, "Add 8 ft. per side, with parking, from the outer edge of the shoulder if parking is allowed per side." would have to be complied with. This means 8 feet would have to be added to each side of the road that on -street parking would be allowed. Given the above information, with regard to an access permit, it is clear that the applicant has not satisfied the need to ensure that all lots and parcels created will have access to a public right-of-way as required by Colorado state law, and as required for Preliminary Plan review. To satisfy this requirement, an access permit from CDOT will have to be obtained. In addition, if on -street parking is to be allowed on the proposed access road, Section 9:35 (7) of the Garfield County Subdivision Regulations must be complied with as outlined above. Waste Disposal: The applicant is proposing Individual Septic Disposal Systems (ISDS) for each proposed individual commercial lot.lIt must be noted that such systems, if used, can only be used to dispose of domestic waste water and cannot exceed 2000 gallons per day. In other words, any liquid waste produced by on-site operations other than domestic waste water must be disposed of as required by all pertinent laws and regulations, and not through the proposed ISDS's. To ensure that no more than 2000 gallons per day of volume passes through each ISDS, the covenants must clearly restrict the types of uses on the lots to those which will not exceed 2000 gallons per day. The letter received from the Department of Public Health and Environment, dated November 22, 1999, states, "...we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility...We suggest that Garfield County request the applicant to examine other wastewater disposal options besides ISDS for each lot." 11 With these comments in mind, Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." The above comments from the Department of Public Health and Environment are not favorable. This clearly dictates that the submitted Preliminary Plan, cannot be given a favorable recommendation (recommendation for approval). The following information is further pertinent information regarding waste disposal, but is only pertinent should a favorable response from the Department of Public Health and Environment be received at a later date and this application be resubmitted. In other words, the following information is to give more background information on waste disposal for the application but is superceded and "over ruled" by the paragraph above. The subject property is bordered on the west by Cottonwood Springs Mobile Home Park which has a central sewer system. This is the reason why the subject property has been identified as being within District B Subdivisions/Rural Serviceable Areas, Good Ability to Absorb Growth. The applicant has stated that they want to use ISDS's instead of hooking up to the Cottonwood system. However, the Garfield county Comprehensive Plan is very clear in stating in the Technical Services section of_District B - Policy: "Developments which are within a Rural Serviceable Area having a central sewage system shall utilize this system whenever feasible." Further, the letter received from the Department of Public Health and Environment, dated November 22, 1999, stated, "... we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MHP facility." To satisfy the Comprehensive Plan requirement, the applicant must either hook up to the Cottonwood central sewer system or show that it is infeasible. To show that connection is infeasible, either the Cottonwood Mobile Home Park would have to deny the applicant the opportunity to hook up to their system, or the applicant would have to prove hook-up is fiscally infeasible. If Cottonwood denies access, a letter to this effect from Cottonwood would be required as proof of denial. Fiscal infeasibility would have to be proven with a well documented report from the applicant. The Garfield Comprehensive Plan also states within the District B - Policy section: "New development shall ensure that the system is not overburdened and put over its treatment capacity as a result of the additional demand caused by the development. Central sewer systems which are extended to serve new development and are near or at capacity shall be improved by the proposed development so that adequate and safe service levels are maintained." Again, this will apply to the subject proposal unless the applicant can prove this is fiscally infeasible given an opportunity to hook up to the Cottonwood system. 12 At this time, no proof of denial from the Cottonwood Mobile Home Park or a report substantiating fiscal infeasibility has been received from the applicant. Thus, the proposed subdivision is required to hook up to the Cottonwood Mobile Home Park sewer system or submit a letter of denial from Cottonwood or submit a report substantiating fiscal infeasibility. The following information pertains to ISDS's as they have been proposed by the applicant. However, this information will only be pertinent should ISDS's be used, given the discussion above. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotech notes that, "Based on the subsurface conditions encountered and percolation test results, a civil engineer should be engaged to design the infiltration septic disposal system." In addition, in a letter dated November 22, 1999, from the Colorado Department of Public Health and Environment, as outlined above states, "...soils and depth to groundwater are such that mounded systems need to be engineered." The management plan submitted by the applicant is sufficient, but must be included in any covenants for the subject property. Given the above information regarding ISDS's, if they are to be used, it is clear that engineered ISDS's must be installed on each lot to accommodate any and all domestic waste disposal. Any and all liquid waste other than domestic, must be disposed of as required by all pertinent laws and regulations. Conclusion: Given the clarity of Colorado Revised Statute 30-28-136(g), this application cannot be recommended for approval. 5, Soils/Geology: The site is relatively flat with a slight slope down to the south with a total elevation difference of about 15 feet. The site, as indicated in the USDA Soil Survey of the Rifle Area, is located entirely within map unit 40, Kim Loam 3-6 percent slope. This deep, well drained, gently sloping soil is found on alluvial fans and benches. The Preliminary Geotechnical Study and Percolation Testing conducted by HP Geotechnical on the subject site revealed the need for some design recommendations which should be adhered to in the construction of any buildings on any of the proposed eight (8) commercial lots with specific regard to foundations, floor slabs, and underdrain systems. In addition, a recommendation was made regarding surface drainage and the drainage plan for the subject site including: "To limit infiltration into the bearing soils next to buildings, exterior backfill should be well compacted and have a positive slope away from the building for a distance of 10 feet. Roof 13 downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted." (See Preliminary Geotechnical Study and percolation Testing report prepared by HP Geotechnical). These recommendations, as well as those discussed later specifically regarding the drainage plan will be conditions of approval for any Final Plat. As noted above, a letter received from the Colorado Division of Minerals and Geology, dated November 17, 1999, stated, "...each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions." The letter continues with further specific recommendations which should be followed in the construction of buildings on the subject property. The recommendations made by HP Geotechnical and the Department of Natural resources regarding the construction of buildings on the subject property will be conditions of approval of any Fugal Plat. 6. Fire Protection: The letter received from the Rifle Fire Protection District dated November 23, 1999 states five recommendations: 1. A minimum of 180,000 gallons of fire protection water is needed on site. 2. Hydrants should be spaced a maximum of 500 feet from a structure. Hydrants are to be capable of providing a minimum of 1500 gallons per minute at 20 PS.I residual pressure. 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire apparatus during adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4. Addresses are to be posted in a conspicuous location so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. These five (5) recommendations will be conditions of approval of any Final Plat. The information submitted by the applicant did not detail exactly how fire protection would be provided. The document only stated that they would provide protection measures as may be required. This is insufficient. The applicant must detail exactly how fire protection will be provided with specific regard to the required minimum 180,000 gallons of fire protection water needed on site and the other four (4) recommendations provided by the Rifle Fire Protection District as outlined above. 14 7. Garfield Conty Comprehensive Plan: Section 4:33 of the Garfield County Subdivision Regulations requires that the Board of County Commissioners make a decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the Garfield County Comprehensive Plan. The Subdivision Regulations require that the Board review an application based on compatibility with various issues including the Comprehensive Plan. The following comments will address the project's compatibility and non -compatibility with these applicable portions of the plan: Concerns and Needs: The concerns and needs section of the Comprehensive Plan identifies the need for industrial growth which supports the application in providing eight (8) new commercial/industrial lots. IndustriallCommercial: Goal: To maintain and support the existing economic base of the county as well as to provide for a diversified economy to broaden employment opportunities and ensure the stability of the region. The development of the proposed eight (8) new commercial/industrial lots will support the above goal by maintaining and supporting the existing economy and providing further diversification and more employment opportunities to ensure the stability of the region. Objective 6: Encourage industrial expansion where similar development already exists in appropriate areas, i.e., within or adjacent to platted industrial parks, within designated industrial zones in existing towns, or adjacent to existing similar development. The subject property is within District B as designated by the Garfield County Comprehensive Plan which identifies the district as having "good ability to absorb growth", which supports the property as an appropriate area for development. In addition, the City of Rifle Comprehensive Plan designates the property as County Industrial, supporting it as an appropriate area for commercial/industrial uses. By supporting the above goals and objectives, and addressing the need for more industrial growth, this application is in general conformity with the Garfield County Comprehensive Plan. 15 8. Rifle Comprehensive Plan: As stated above, the Rifle Comprehensive Plan designates the subject property as County Industrial which supports the proposed commercial/industrial use. Further, the letter received from the City of Rifle states, "...the City does not oppose this proposal...", lending support to the application. 9. Vegetation: In a memorandum received from the Garfield County Vegetation Management, dated November 29, 1999, Steve Anthony states that it is essential to document exactly where toadflax and spurge are located on the property, and that the applicant be requested to complete the documentation. In addition, he states, "If these plants are located in an area of the site that will not be developed, please have the applicant submit a treatment plan for the yellow toadflax and leafy spurge. The plan must include the following: Method of treatment, If chemical treatment, state name of herbicide and rates, Schedule of treatment, Plans of followup, Name applicator that will do the work." These recommendations will be a condition of any Final Plat. 10. Drainage Plan As briefly discussed earlier, the Preliminary Geotechnical Study and Percolation test conducted by HP Geotech contained some recommendations regarding the drainage plan for the application. The report stated, "The grading plan for the subdivision should consider runoff from uphill slopes through the project and at individual sites. Potential overflow from irrigation ditches should also be considered in the drainage plan." These recommendations will be conditions of approval of any Final Plat. 11. Wildlife: No comments were received from the Division of Wildlife, thus, it is assumed that no concerns are present regarding the subject proposal. 12. Radiation: The gamma radiation readings taken by HP Geotechnical show that no radiation mitigation should be required, Thus, there is no radiation concern on the subject property. 13. School Fees: School fees in the amount of $200.00 for each lot created for a total of $1,600.00 will have to be paid as a condition of any Final Plat. 14. Road Impact Fees, as to be determined, will need to be paid as a condition of any Final Plat, 16 V SUGGESTED FINDINGS; 1. That the proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the proposed subdivision of land does not conform to Colorado Revised Statute 30-28-136(g). 4. That the proposed subdivision of land does not conform to the Garfield County Subdivision Regulations, specifically Sections 4:60 (C), and 4:91 (A). 5. That the proposed subdivision of land does not conform to Section 5.01.02 (3) of the Garfield County Zoning Regulations. 6. That all data, surveys, analysis, studies, plans and designs as are required by the State of Colorado and Garfield County have not been submitted and, in addition, have not been found to meet all requirements of the Garfield County Subdivision Regulations. 7. The proposed subdivision is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI. RECOMMENDATION Staff recommends DENIAL of the proposed subdivision of land based on the following: 1. Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." The department of health (department of Public Health and Environrnent) has submittea letter dated November 22, 1999, which is not r favorable as discussed in this re�i. ! ,-, .1— c,i� c r,' �— 2. Section 4:91 (A), of the Garfield County Subdivision Regulations, requires, "In all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision." The applicant has failed to meet this requirement as discussed in this report. a J't_. `' ` "4'_ 3. Section 4:60 (C), of the Garfield County Subdivision Regulations, requires, 17 "Evidence that all lots and parcels created will have access to a public right-of-way, as required by state law." The applicant has failed to meet this requirement as discussed in this report. 14 R no 4- 6,1 a c,c_ e.-rr- fu �. 4. Section 5.01.02 (3) of the Garfield County Zoning Regulations, requires minimum off-street parking for retail and service commercial uses at a rate of one (1) space per two hundred (200) square feet of floor area (except storage area). The applicant has failed to meet this requirement as discussed in this report. 1 Nov 21 99 11:28a bob 504 000 0000 p.1 Form No. OFFICE OF THE STATE ENGINEER GWs-25 COLORADO DIVISION OP WATER RESOURCES 819 Centennial Bldg., 1313 Sherman 0cnvt,r, Colorado aa203 (303) 866-3581 A_Ppj_iCANT ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650 - 1095 WELL PERMIT NUMBER Q5Z€ 31 - F - DIV. 5 WO 39 DES. BASIN MO (970) 876-5242 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. ISTAN ES -O 2259 Ft. from South 2125 FL from West D NES Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CS,1NDfTl.QNS OFA ROVAL 1) This well shall be used in such a way as to cause ne material injury to existing water rights. The issuance of this penult does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordance with Rule 19, 3) Approved pursuant to CRS 37-90-137(2) for the construction or a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well ah811 be operated only when the West Divide Water Conservancy 0istricE's substitute water supply plan. approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is In effect. or under an approved plan for augmentation. WDWCD contract #990612Rt((a), 4) The use of ground water from this weft is limited to drinking and sanitary purposes inside commercial businesses. Ali use of this well will be curtailed unless the water allotmont contract or a plan for augmentation is In effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM, 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons), 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall lake necessary means and precautions to preserve these markings. 8) This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed an this well and maintained in good working order, Permanent records of all diversions must be maintained by the well owner (recoroed at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Yau are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office whin sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (see Section 24.4-104 through 106, C.R.S.) 11) Monitoring hole notice MI -I-37013, was acknowiedged far construction of a monitoring and observation hole for this applicant, in this 114, 114, on September 24. 1999..40 lo(A()V MLii ltCq APPROVED KJVv 40e . i..- _ Receipt No. 04$1198 State Engineer DATE ISSUED O �T L ry 1 1999 10 /T0 29t1d abtltldti'ddbtlaVZa 1 SYEXPJRRATION DATE° C T 2 1 2n 6661/60/Z1 SZ8g9L80L6 117:ZZ Garfield County Building& Planning Department 109 8th St. Suite 303 Genwood Springs CO 81601 Telephone: (970) 945-8212 FAX: (970) 945-7785 To: C rA. f) ,� ✓ Company:^_I CJdc.Cf Department Fax #- 30 3 S'cG -- 3sr Telephone #.;0 7 a-3 Number of Pages• From: n12F +t..at�`t� Company: C.r r C Deportment. P�c. 7.7 p Fax #- Telephone #• q g �-j? Number of Pages j rl 1 Message: -/ c' ( —J— . � t� � 4 rti t 1� + JV![ ^j [: f ► � +1 J f f �� C t-✓ A F!r e Lo Current 1/01/99 RECEIVED DEC 1 6 19% 12!10/99 04:31A P.Ir702 CcnLract No- 9_90612RK(a) Map Id No. 318 Date ACt.i vated 6/24/99 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT_ Name /`Q 0 K/1. ' I MailingAddress eox /r lig ►,�t c � Telephone Number.../70 / 2 c3 S c• Authorized Agent or Representative B. WATER RIGHT OWNED BY APPLICANT OR BEING APPLIED FOR Name of Right i - z i tc1.'.- Type of Structure or Right Location of Point of Diversion (description from decree or permit) . - y. , i r A • Water Court Case No. Well Permit No. (Attach copy of permit) C. INTENDED USE OF LEASED WATER Location of Area of Use (Include metes and bounds legal description of property on which water right is to be used. May be attached as Exhibit) -e A• Total acreage of above -referenced parce Address of above -referenced property -„,ht--,47-1 7C tom--, © , 2 e Ai ion Re z� T) S, Ile 1--_tt w+ wt -die Descrr3' ptian of Use 12.c. A w A .r r a I 4' --'i 4 y CI f c ,e rr.,,, 1, Al a ..R r ,'Z i d J r 0 VIE 4-7- ,IJ e fl p i pi_ Q 1.<,:t it: 2— Total Number of Dwelling Units / Number of Constructed Units 1 Number of Vacant Lots Q Potable water System (..4_, c -L Waste -Water Treatment System ,, Type of Meter or Measuring Device 2-0'7"--- Fz 4,1c 1�‘."" )44-e I "t. Ak. Projected Monthly Volume of Leased Water Needed in Gallons: THESE FIGURES ARE ACTUAL DIVERSIONS OR CONSUMPTIVE USE ONLY (Actual diversions must be used unless contractee has an augmentation plan) Jan. Feb. Mar, Apr. May June.JulyAug.uSept. Oct. Nov. Dec. Annual. Total Gallons Acre Feet Maximum Instantaneous Demand 9Pm D. OTHER REMARKS AS ) )(II ► -2 tF1 - u -E c.c p--' e, W -e /47 - 117 C7 a _ ?J -1--r1(7 4e4.e, . C 1L.� c-0 r✓r ie .49 ct� Date Applicant 1Z/16/SS 04:31A P.003 EXHIBIT "A" :,pox 663 FAcE7 74 A parcel of land situated in the SW' of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, Garfield County, Colorado. more particularly described as follows: Beginning at the 1Test Quarter Corner of said Section ll; an axle found in place; thence S. 89°43'19" E 1321.19 feet to the True Point of Beginningt; thence S. 00°14'2.6" W. 1086.51 feet along a fence as constructed and in place; thence S. 00°04'28" W. 235.44 feet along a fence as constructed and in place to a fence corner: thence S. 89°43'38" E, 308.77 feet along a fence as constructed and in place to the northerly right of way line of U.S. Highway #6 and 24; thence N. 63"30'50" E. 904.14 feet along the northerly right of way line of said Highway, thence leaving said right of way line N. 00°00'00" E. 278.93 feet: thence N. 90°00'00" E. 210.00 feet, to the easterly line of the SA of said Section 11 thence N. 00°27'51" E. 634.83 feet along said easterly line to the Northeast Corner of the SJR of said Section 11; thence N. 89°43'19" W. 1328.30 feet along the northerly line of said S14 to the True Point of Beginning. EXCLUDING that certain parcel described as follows: A parcel of land situated in the NE1/45W1 of Section 11, Township 6 South, Range 93 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows': Commencing at the center of Section 11, a rebar and cap in place; thence N. 89°43'19" W. along the northerly line of said NE'.SWI 969.20 feet to a point on the Easterly hank of a ditch as constructed and in place. the True Paint of Beginning; thence leaving said northerly line the following fourteen (14) courses along said Easterly bank: 1. S. 60°59'06" W. 5.27 feet; 2. S. 89°36'35" W. 101.20 feet; 3. S. 51°03'56" W. 25.84 feet; 4. S. 00°20'42" E. 345.98 feet;. 5. Along the arc of a curve to the right having a radius of 56.04 feet and a central angle of 66°20'53", a distance of 64.89 feet (chord bears S. 32°49'44" W. 61.33 feet); 6. S. 66°00'11" W. 47.64 feet; 7. S. 62°08'13" W. 113.50 feet; 8. S. 49002'55" W. 12.65 feet; 9. S. 21°36'59" W. 12.65 feet; 10. S. 00°27'17" W. 247.80 Ecet; 11. S. 88"22'29" W. 46.49 feet; 12. S. 01°53'56" E. 203.57 feet; 13. 5. 27°18'38" W. 40.22 feet; 14. S. 45°50'51" W. 39.02 feet to a point on the westerly line of said NE'r.SW1.; thence N. 00'14'26" E. along said westerly line 1071.37 feet to the Northwest Corner of said NE'SWI; thence S. 89°43'19" E. along the northerly line of said NE' SW't 359.11 feet to the True Paint of Beginning; said parcel containing 3.04 acres. more or less. • 12/16/99 04:31A P.004 REVISED 5/21/98 Hama of Applicant: 12/16/99 04:31A P.00S Contract # 9 9 8 612.RK [ a map ID # 3 1.8 Date Activated 6/24/99 WEST DIVIIlE WATER CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT/LEASE .rico e 01—er�. r</ Quantity of Water in Acre Feet: Applicant. hereby applies to tie West Divide Water Conservancy District, a political subdivision at the State of Colorado, organized pursuant to and existing by virtue of C.R.S. 1973, S37-45-101. et sea.. (hereinafter referred to as the "District") for an allotment contract/lease to beneficially and perpetually use water or water rights owned, leased. or hereafter acquired by the District. lay execution of this contract/lease and the attached application, Applicant hereby agrees to the following terns and conditions: 1. ,t„qr Riiht5- Applicant shall own water rights at the point of diversion herein lawfully entitling Applicant to divert water, which will be supplemented and augmented by water leased herein. If Applicant intends to divert through a well. it must be understood by Applicant that no right to divert exists until a valid well permit is obtained from the Colorado Division of Water Resources. 2. getatitye Water applied for by the Applicant in the amount set forth above shall be diverted at Applicant's point of diversion from the District's direct flow water rights. and when water is unavailable for diversion pursuant to administration by the Colorado State Engineer during periods when said direct flow water right is not in priority. the Oistrict shall release for the use of Applicant up to said quantity in acre feet per year of storage water owned or controlled by the District. It is understood that any quantity allotted from direct flow. storage or otherwise. to the Applicant by the District will be limited by the priority of the District's decrees and by the physical and legal availability of water from )District's sOurces. Any quantity allotted will only be provided 50 long as water is available and the Applicant fully complies with all of the terms and conditions of this contract/lease. The District and the Applicant recognize that some of the District's decrees may be in the name of the Colorado River Water Conservation District, and the ability of the District to allot direct flow right to the Applicant may be dependent on the consent of the Colorado River Water Conservation District. If at any time the Applicant determines it requires less water than the amount herein provided. Applicant may so notify the District in writing, and the amount of water allotted under this contract/lease shall be reduced permanently in accordance with such notice. Rates shall be adjusted accordingly in following water years only. 3, Qeneficial Use and Location of Beneficial Use: Any and all water allotted Applicant by the District shall be used for the following beneficial use or uses: municipal. domestic and related uses. or ccmi rcial (except to the extent that Ruedi Reservoir water may not be available for commercial as that term is defined on Page 5 of Contract Na. 2-0)- 70-WO547 between the United States and tsie West Divide Water Conservancy District), Applicant's beneficial use of any and all water allotted shall be within or through facilities or upon land owned, leased, operated. or under Applicant's control. 4. pecrce. arW De j vjrv: Exchange releases made by the District out of storage from Rucdi Reservoir and Greeri Mountain Reservoir. or other works or facilities of the District. or from other sources available to the District. shall be delivered to the Applicant aL the outlet works of said storage facilities or at the decreed point of diversion for 1 12/16/99 04:31A P.Oee said other sources, and release or delivery ot'water at such outlet or points shall constitute performance of the District's total obligation. Delivery of water by the District from Ruedi Reservoir or Green Mountain Reservoir shall be subject to the District's lease contracts with the United States Bureou of Reclamation. Releases from other facilities available to District shall be subject to the contracts, laws, rules. and regulations governing releases therefrom. Furthermore. the DlstrfcL hereby exprussly reserves the right to store water and to make exchange releases from structures that may be built or controlled by the District in the future. so lung as the water service to the Applicant pursuant to this agreement, is not impaired by said action- Any quantity of the Applicant's allocation nut delivered to or used by Applicant by the end of each water year (October 1), shall revert to the water supplies of the District. Such reversion shall not entitle Applicant to any refund of paymenL made for such water. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water righL, and neither the District. nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternates points of diversion. The District shall request the Colorado Division of Water Resources to estimate any conveyance losses between the original point and any alternate point, and such estimate shall be deducted from this amount in each case. S. A1terT ate Point_of Diversion and Plan of Augmentation. Decrees for alternate points of diversion of the District's water rights or storage water may be required In order for Applicant to use the water service contemplated hereunder. Obtaining such decree is the, exclusive responsibility of Applicant. The District reserves the right to review and approve any conditions welch may be attached to judicial approval of said alternate point of diversion as contemplated or necessary Co serve Applicant's facilitie>s or lands. Applicant acknowledges and agrees that it shall be solely responsible for the procedures and legal engineering costs necessary for any changes in water rights contemplated herein. and further agrees to indemnify the District from any costs or losses related thereto. Applicant is eolely responsible for providing works and facilities necessary to obtain/divert Lhe waters at said alternate point of diversion and deliver them to Applicant's intended beneficial use. Irrespective of the amount of water actually Lransferrud to the Applicant's point of diversion, the !applicant shall make annual payments to the District based upon the amount of water allotted under Lees contract/lease, In the event the Applicant intends to apply for an alternate point of diversion and to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utiliee the water allotted to Applicant hereunder. the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates its oen augmentation plan to utilize the water allotted hereunder. Applicant shall not be obligated to pay any amount under Paragraph 19 below. In any event, the District shall have the right to approve or disapprove the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the water court in the adjudication thereof. 6. Conerect/led a Payment: Nun -refundable, one time administrative charge. in the amount determined by the Board of Directors of the District from time to time. shall be submitted with the application for consideration by the District. Annual payment tor the water service described herein shall be determined by Lhe Board of Directors of the District. The initial annual payment shell be made in full. within thirty (30) days after the date oat notice to the Applicant that Lhe initial payment is due. Said notice will advise the Applicant. among other things, of the water delivery year to which the initial payment shall apply and the price which is applicable to that year. Annual payments for each year thereafter shall be due and payable by the Applicant on or before each January 1. It` an annual payment is not made by the due date a flat $51 late fere will be assessed. Final written notice prior to cancellation will be sent certified mall, return receipt requested. to the Applicant at such address as may be designated by the Applicant in writing or set forth in this contract/lease or application. Water use for any pare of a voter year shall 2 12/16/89 04:91A P.007 require payment for the entire water year. Nothing herein shall be construed so as to prevent the District from adjusting the annual rate in its sole discretion for future years only. If payment is not made within fifteen (IS) days after the date of said written notice. Applicant shall aL District's sole option have no further right. title or interest under this contract/lease without further notice. and delivery may be Immediately curtailed. The allotment of water, as herein made, may be transferred, leased. or otherwise disposed of at the discretion of the Board ot Directors ot the District. Upon cancellation of this water allotment contract/lease with the District, the District shall notify the Division of Water Resources offices in Denver and Glenwood Springs. The Division of Water Resources may then order cessation of ail water use. 7: Additional Fees and Costs: Applicant agrees to defray any expenses incurred by the District in connection with the allotment of water rights hereunder. including. but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights and adjudication necessary to allow Applicant's use of such allotted water rights. 8. Assignment. This contract/lease shall inure to the benefit of the heirs. successors or assigns of the parties hereto. Any assignment of the ,applicant's rights under this contract/lease shall be subject to. and must comply with. such requirements as the District may hereafter adopt regarding assignment of contract/lease rights and the assumption of con tract/lease obligations by assignees and successors. Nothing herein shall prevent successors to a portion of Applicant's property from applying to the District for individual and separate allotment contracts/leases. No assignment shall be recogni/ed by the District except upon completion and filing of proper forms for change of ownership. Upon Lhc sale of the real property to which this contract/lease pertains. Applicant has a duty to make buyer aware of this contract/lease and proper forms for change of ownership must be completed. 9. Other Ryles; Applicant shall be bound by the provisions of the Water Conservancy Act of Colorado: by the rules and regulations of the Board of Directors of the District; and all amendments thereof and supplements hereto and by all other applicable law. 10, t>nF+ral ion led Hain -seance Agreement: Applicant shall enter into an "Operation and Maintenance Agreement" with the District under terms and conditions determined by the board of Directors of the District. it and when. the Board of said District determines in its sole discretion that such an agreement is required. Said agreement may contain, but shall not be limited to. provisions for additional annual monetary consideration for extension of District delivery services and for additional administration. operation, and maintenance costs: or for other costs to the District which may arise through services made available to the Applicant. 11. Chance Of Use• The District reserves the exclusive right to review. reapprove or disapprove any proposed change in use of the water allotted hereunder. Any use other than that set forth herein or any lease ar sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this contract/lease. 17. Use and Place of Use; Applicant agrees to use the water to the manner and on the property described in the documents submitted to the District at the time this contract/lease is executed. or in any operation and maintenance agreement provided by Applicant. My use other than as set forth thereon ar any lease or sale of the water or water rights herein. other than as permitted in paragraph 8 above. shall be deemed to be a material breach of this agreement. 3 12/16/59 04:31A P.008 13. Title: It is understood and agreed that nothing herein shelf be interpreted to give the Applicant any equitable or legal fee title interest In ar to any water or rater rights referred to herein. 1e1, Conservation: Applicant shall use ccnunly accepted conservation practices with respect to the water and water rights herein. and hereby agrees to be bound by any conservation plan adopted hereafter by the District for use of district owned or controlled water or water rights. 15. Restrictions: Applicant shall restrict actual diversions to not exceed the Contract/tease amount. which provides water (on the, formula of one acre foot per dwelling) for ordinary household purposes inside one single family dwelling. the watering of domestic livestock. fire protection. and the irrigation of up to F,O00 square feet of lawn and garden. Applicant shall also comply with all restrictions and limitations set forth in the well permit obtained from the Colorado Division of Water Resources. Watering of livestock shall be restricted to Applicant`, domestic animals not to be used for commercial purposes unless Applicant obtains approval from the Colorado Division of Water Resources for commercial use/livestock watering at a horse boarding facility. provided that in no event shall actual diversions exceed the amount of water provided by this Contract/Lease. Violation of this paragraph 15 shall be deemed to be a material breach of this CnnLract/1ea5c. 16. Well permit: If Applicant intends to divert through a well, then Applicant must provide to District a copy of Applicant's valid well permit before District is obligated to deliver any water hereunder. 17. '1°leasurinn Device or Meter Applicant agrees to provide, at its own expense. a totalizing flow meter with remote readout to continuously and accurately measure at all times all water diverted pursuant to the terms of Applicant's water right and the terms of this contract/lease. Applicant agrees to provide accurate readings from such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this contract. Applicant hereby specifically allows District, through its authori2ed agent. to enter upon applicant's property during ordinary business hours for the purposes 01 determining applicant's actual use of water. ?.$. Representations; By executing this ccntractllease. Applicant agrees that it is not relying on any legal or engineering advice that Applicant may believe has been received from the District. applicant further acknowledges that it has obtained all necessary legal and engineering advice from Applicant's own sources other than the District. Applicant further acknowiedges that the District makes no guarantees. warranties, ar assurances whatsoever about the quantity or quality of water available pursuant to this contrect/lease_ Should the District be unable to provide the water contracted for herein. no damages may be assessed against the District. nor may Applicant obtain a refund from the District. 19, costs of Water Court fllitm and Aurimentatj.Qn Plan: Should the District. in its own discretion, choose to include Applicant's contract/lease herein in a water court filing for alternate point of diversion or plan of augmentation, then Applicant hereby agrees to pay to the District. when assessed, an addttiunal fee representing tee District's actual and reasonable costs and fees for Applicant's share dl the proceedings. 7,D . gipdi rlq Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the form entitled "Application and Data Form to Lease Water l•rom West Divide Water Cons=ervancy District" fully completed by Applicant and approver) by the District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. 4 12/15/99 04:31A P.009 21. }lamina: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR OWER WATER RIGHT IN ORDER TO DIVERT WATER, INCLUDING THE WATER ALDLfIRED UNDER THI$.CDNTRACT/LEASE. IT IS THE CONTINUING DOTY QF THE APPLICANT TO N!IINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING FILING FOR EXTENSIONS OF PERMITS, FILING WELL COMPIFTION REPORTS, FILING STATEMENTS OF BENEFICIAL USE, OR OTHERWISE LAWFULLY APPLYING THF WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. Applicant: Applicant1— Applicant address: STATE DF COLORADO ) ) ss. COUNTY OF GARFIELD ) The toregoing instrunent was acknowledged before me on this day of Witness ray hand and official seal. .•I4y commission expires: ORDER g rt L . I9! by Notary Public -) 0. J.0( cc), ,After a hearing by the Board of Directors of the West Divide Water Conservancy District on the application, it is hereby ORDLR£D that said application be granted and this ctntracl:Ilease shall txr and is accepted by the District, ATTEST: WEST DIVIDE WATER CONSERVANCY DISTRICT BY Secretary This contract/lease includes and is subject to the terms and condit ons of the following documents tihich must accompany this contract/lease: President 2}i 11 2T Date 1. Map showing location of point of diversion (use map provided) 2, Application and Data Form fully completed and signed 5 CITY of RIFLE 202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970) 625-3210 December 3, 1999 Garfield County Planning Commission & Board of Commissioners 109 8`" Street Glenwood Springs, CO 81601 RE: Commercial development in unincorporated areas near the City. Dear Garfield County Planning Commission & Board of Directors; Recently the City was noticed for comment from the Garfield County Planning Department concerning the Powerline Commercial Park, just to the east of Rifle. The developer contacted the City last summer to determine if any City services might be available in this area. It was the City's view that services would not be available in the foreseeable future in this area. Consequently, the developer has begun the subdivision process at the County level. We have been noticed of this action by the County as is falls well within our "three mile" area of influence. This is, therefore, our opportunity to comment to the Garfield County Planning Commission and. Board of Commissioners. Following discussion by the City Council at its Dec 1, 1999 Regular meeting it was determined that the City does not oppose this proposal and that it would ask the County to consider the following concerns: The City supports the creation of jobs and tax base in and around Rifle. • The City would expect the County to take appropriate measures to ensure that the effects of this development would create no short or long term damage to this area (visual, environment, social, etc.) One specific concern of the City is that Rifle's primary domestic water intake is in close downstream proximity to this project, and this area has a relatively shallow subsurface aquifer. All steps must be taken to ensure that wastewater disposal does not contaminate the aquifer and eventually the City water intake structure. • The City would request that as this parcel is developed the requirements of the Rifle Municipal Code, Title 17 and the Rifle Public Works Manual be followed. The City would expect at some date that this area may be appropriate for annexation, and that municipal services would be available. In an effort to make this occurrence most beneficial for all parties, it would be appropriate for the County to require the City development standards. cc: Board of Commissioners Garfield County Planning Commission Rifle City Council •t1.7-7.1 n 13J • •..5) COUNTY - .:, i ,= 003 CO 81601 STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 60246-1530 Phone (303) 692-2000 located in Glendale, Colorado http://www.cciphe.state,co.us November 22, 1999 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80230-6928 (303) 692-3090 Mark Bean, Director Garfield County Planning Department 109 8°h Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Subdivision Preliminary Plan for Powerline Professional Park Dear Mark: Colorado Department of Public Health and Environment We have reviewed this proposal for 8 commercial lots along Highway 6&24, just east of the Cottonwood Springs Mobile Horne Park. We have also spoken to John Barbie of West Slope Development about wastewater treatment issues for this proposed business park. Similar to our October 27, 1999 letter on the nearby Rifle Commercial Center, we recommend that the County request further evaluation by the applicant of possible wastewater treatment service from the Cottonwood Springs MI -IP facility. It appears that the City of Rifle will not consider accepting wastewater from entities outside the City and the cost of a sewer line, lift station and force main to connect with Rifle would be substantial. We noted in the Powerline Park analysis that percolation tests performed for the intended ISDS for each lot, revealed that soils and depth to groundwater are such that mounded systems would need to be engineered. That is one reason why connection to a wastewater treatment facility may be a better, long-term alternative. We suggest that Garfield County request the applicant to examine other wastewater disposal options besides ISDS for each lot. Please contact me if you have any questions at (303) 692- 3583 or email at bill.mckee@state.co.us. Thank You. Sincerely, William A. McKee Upper Colorado Watershed Coordinator Water Quality Control Division cc: John Barbie - West Slope Development John Schenk, Manager - Cottonwood Springs MHP Patricia Hopkins - Planning Director, City of Rifle Dwain Watson - Water/Wastewater Technical Services, WQCD cZECYVEtl140\1 2 41999 BOOKCLIFF SOIL CONSERVATION DISTRICT PO BOX 1302 GLENWOOD SPRINGS, CO 81502 (970) 945-5494 Garfield County Planning Commission 109 8th Street Glenwood Springs, Co 81602 November 30, 1999 Dear Sir: At the regular monthly meeting of the Bookcliff Soil Conservation District, the Board reviewed the application and plan for the Powerline Professional Subdivision. The Board is concerned about noxious weed control. In Powerline Professional Park's proposal, they stated that there is an infestation of yellow toadflax, Common Burdock, Leafy Spurge, and Musk Thistle, due the lack of stewardship of the land. The Board suggests that this subdivision contact Garfield County Vegetation Management for proper weed control of these noxious weeds. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should be used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The soils map in the Preliminary Plan did not include the land involved. Enclosed please find the correct information. Sinperely, X11— Charles Ryden, President Bookcliff Soil Conservation District LL17..;1L9j.) 0 2 1999 BOOKCLIFF SOIL CONSERVATION DISTRICT PO BOX 1302 GLENWOOD SPRINGS, CO 81502 (970) 945-5494 Garfield County Planning Commission 109 8th Street Glenwood Springs, CO 81602 November 30, 1999 Dear Sir: At the regular monthly meeting of the Bookcliff Soil Conservation District, the Board reviewed the application and plan for the Powerline Professional Subdivision. The Board is concerned about noxious weed control. In Powerline Professional Park's proposal, they stated that there is an infestation of yellow toadflax, Common Burdock, Leafy Spurge, and Musk Thistle, due the lack of stewardship of the land. The Board suggests that this subdivision contact Garfield County Vegetation Management for proper weed control of these noxious weeds. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should be used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The soils map in the Preliminary Plan did not include the land involved. Enclosed please find the correct information. Sin erely, Charles Ryden, President Bookcliff Soil Conservation District RECE:VES D 2 1999 57 9 Nov -29-99 10:56A GarfiQld County Extr ntiOfl 970-625-3917 P.02 MEMORANDUM To: M2rk Bean From: Steve Anthony Re: Powerline Professional Park Dine: November 29, 1999 Mark, In Section 3F (Wildlife and Vegetation) the applicant lists the presence of the following noxious weeds: Yellow toadflax Common burdock l-eafy spurge Musk thistle. Burdock and muck thistle are fairly common throughout Garfield County and ntay indeed be found on the site. Yellow toadtlax and leafy spurge are known to be located in Garfield County. however the presence of these plants at this site would be new locations to stale Since toadflax and spurge are not known to be in this area, it is essential to document exactly where they are on this site. Please request that the applicant provide documentation as to the specific location of the toadflax and spurge. I f these plants are located in an area of the site that will not he developed, please have the applicant submit a treatment plan fur the yellow toadflax and leafyspurge. The plan must include the following: Method of trealmcnL. If chemical treatment, state name of herbicides and rates. Schedule of treatment_ Plans for followup. Name applicator that will do the work. STATE OF OLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (3031 866-2461 Mr. Mark Bean Garfield County Planning 109 8th St Suite 303 Glenwood Springs, CO 81601 November 17, 1999 Re: Powerline Professional Park CGS Review No. GA -00-0005 Dear Mr. Bean: GA -00-0005 In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to review the plat. A Geologic Study and Percolation Test Report prepared by Hepworth-Pawlak Geotechnical (October 1999) was included in the referral. The site consists of fairly flat ground that slopes gently to the south. DEPARTMENT CSF NATURAL RESOURCES Bill Owens Governor Greg E. Walcher Executive Director Michael 8. Long Division Director Vicki Cowart State Geologist and Director 1) Soil. The soil is composed ofslopewash derived from the Wasatch Formation. Alluvial gravel is present at a depth of 9 to 16 fl below ground level. The soil consists of varying amounts of silt, fine sand, and clay, and the characteristics are variable, as shown by the test results reported by 1-1-P. Potential problems for construction may include swelling soils, and low-density, low -strength soils. As the property has been irrigated in the past, the potential for hydrocompaction in the soils is reduced from what it might have been. To better characterize the soil variability, each building envelope should be examined with one or more boreholes from which samples are collected for geotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions. H -piles driven into the underlying gravel are appropriate foundation types for heavily -loaded structures on problem soils. Spread footings are possible where soils at the foundation level (and 5 ft below this elevation) are non -expansive and non -collapsing. The allowable bearing pressure of the footings should be determined from the strength measurements of the soil. Post -construction damage can occur in floors, sidewalks and roadways if the soils settle or swell after development. Where moderately and highly expansive soils are present beneath proposed floor spaces, structural wood floors should be considered, or the native soils should be overexcavated and replaced with an acceptable fill. Problem soils beneath exterior flatwork may be similarly overexcavated or chemically treated to reduce the potential for volume changes. RECEIVED NOV 2 1999 Powerline Professional Park, p.2 2) Drainage. The flat nature of the property and the high clay fraction of the soil increase the likelihood of water ponding. Water is a catalyst in initiating soil problems. Grading for the site should assure that positive drainage is effected around building envelopes and septic system sites. In the subsurface, a perimeter drain should be included with subgrade construction to protect against perched water. These drains are generally allowed to daylight, but the flat topography, may make gravity discharge difficult. In such cases the drains should be connected to a sump pump. 3) The percolation test results indicate that engineered septic systems will be required for the site. This is stated in the H -P report. In summary, the site can be successfully developed if structures are designed to accommodate the soil characteristics and if drainage is managed. Please call me if there are any questions. Yours truly, Celia Green an Geologist i MNAA4ov-17-99 11:14A Colo Geo Survey W ii!■ ■ i W HAM COLORADO GEOLOGICAL SURVEY 11ivistt r ul Mineral5 ,anti C.volu4y Department of N.itusal Resrlurrpti 1 313 511erni n Street, Hoon, /15 1)enver, Colorado 8O7f73 Phone: (,111,111166-2611 1AX: (1031 Afifi-2461 Mr. Mark Bean Garfield County Planning 109 8th St Suite 303 Glenwood Springs. CC) 81601 3038662461 P-01 STATE OF COLORADO November 17, 1999 Re: Powerline Professional Park CGS Review No. CA -00-0005 Dear Mr. Bean: GA -00-0005 DEPA1t1'MI-:NT OF NATURAL RESOURCES VIi ki CowAn Slat. Geotrgise ,And c.sirector In response to your request and in accordance with Senate Bill 35 (1972) l visited this property to review the pial. A Geologic Study and Percolation Test Report prepared by E tepworth-Pawlak Gcotechnical (October 1999) was included in the referral. The site consists of fairly flat ground that slopes gently to the south. 1) Soil. The soil is composed of slopewash derived from the Wasatch Formation, Alluvial gravel is present at a depth or 9 to 16 11 below ground level. The soil consists of varying amounts of silt, line sand, and clay, and the characteristics are variable, as shown by the test results reported by H -P. Potential problems for construction may include swelling soils, and low-density, low -strength soils. As the property has been iiTigated in the past, the potential for hydrocompaction in the soils is reduced from what it might have been. To better eharactcrizc the soil variability, each building envelope: should be examined with one or more boreholes from which samples are collected for gcotechnical testing. The foundations should be designed conservatively in order to mitigate the most severe conditions. ll -piles driven into the underlying gravel arc appropriate foundation types for heavily -loaded structures on problem soils, Spread footings are possible where soils at the foundation level (and 5 fft below this elevation) are non -expansive and non -collapsing. The allowable hearing pressure of the footings should he determined from the strength measurements of the soil. Post-consrnlction damage can occur in floors, sidewalks and roadways if the soils settle or swell after development. Where moderately and highly expansive soils are present beneath propose411oor spaces, structural wood floors should be considered, or the native soils should be overexcavated and replaced with an acceptable fill. Problem soils beneath exterior flatwork may be similarly overexcavated or chemicals' trcatellp wallet- the potential for volume changes.. Post -It' Fax Note 7671 011 l eillf Seal 14- i F' /-1111 -ty C g G� *\ C .) Y jJfl1•Ari �� o C i.� 6 1 5 L.°'`il F91f41Y-it Y-...,^]�T Wiec F" M Nav-17-99 11:14A Colo Geo Survey 3036662461 P.02 Powerline Prnressinnal Park, pi 2) Drainage. The flat nature oldie property and the high clay fraction of the soil increase the likelihood of water ponding. Water is a catalyst in initiating soil problems. Grading for the site should assure that positive drainage is effected around building envelopes and septic system sites. In the subsurface, a perimeter drain should be included with subgradc construction to protect against perched water. These drains are generally allowed to daylight, but the flat topography, may make gravity discharge difficult. In such cases the drains should be connected to a sump pump. 3) The percolation test results indicate that engineered septic: systems will he required for the site. This is stated in the H -P report. In summary, the site can be successfully developed if structures are designed to accommodate the soil characteristics and if drainage is managed. Please call me if there are any questions. �� Yo urs truly, ' (- Celia Gree an Geologist elPublic Service Public Service Company of Colorado November 16, 1999 1995 Howard Avenue Rifle, Colorado 81650 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Attn: Mark Bean Dear Mr. Bean, I am in receipt of your review material from Western Slope Development regarding the Powerline Professional Park located east of Rifle, Colorado. Public Service Company has no material objections to the development, however there are some issues you may wish to discuss with the developer. According to the preliminary plat, there is a 60' access easement which has been declared for utility installation also. We would prefer to have that denoted on the final plat either in the descriptive wording or denoted on the platted subdivision copy itself. This alleviates future misunderstandings and ensures that utilities can be installed without further effort on the part of the developer to provide an easement after the fact. Based on the sixty foot R.G.W., how much of this will be paved? We would prefer to place our above ground facilities (re: transformers, street lights, etc.) within the platted easement, but far enough away to ensure that traffic does not interfere with the operation of those facilities. if the right-of-way is paved for forty feet, thus leaving us ten feet on either side, there is no problem. If the full width of the right-of-way is to be paved, we would require an additional ten -foot utility easement for placement of our facilities. RECEIVED NOV 1 8 1990 0 Public Service Public Service Company of Colorado There is no distribution gas in Highway 6 & 24 at present. If this development is to served with natural gas, it would come from either County Road 210 to the north, or (depending on loads) Cottonwood Trailer Park to the west. Should either of these be the case, easements will be necessary for the placement of facilities to this development. The berms which are required for the the highway line of sight, should be far enough removed from the existing overhead distribution line. However, if the berms are moved toward the highway, they must not interfere with the access and operation of these facilities. Should this happen and necessitate the relocation of these facilities, the customer will be charged relocation fees. If we place facilities in the sixty foot r.o.w. provided, you may wish to discuss what requirements over and above your licensing agreement with Tri-State will be required. We do not wish to create unnecessary encumbrances to Tri-State or the customer licensing agreement. If you have questions or concerns, please do not hesitate to ask. 1 will be happy to discuss them with you. I can be reached at (970) 625-6019. Since. ely, Paiacoletti, Planner Garfield County Operations Center Rifle, Colorado November 9, 1999 Garfidcf 5choo[ district o. CRs -2 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 To Whom It May Concern: Jennard Eckhardt Superintendent Jawrence Xc3jride Associate Superintendent ! have reviewed the Preliminary Plan proposal for the Powerline Professional Park which is going before the planning commission. At this time there are no concerns or comments. Sincerely, Lennard Eckhardt Superintendent DECEIVED NOV 1 0 1999 839 Vhiteriver Avenue, Rik, Colorado 81650-3500 19701 625-1595 .Tax 625-5491 THOMAS I'. DALESSANDRI Sheriff Date. November 10, 1999 To_ Building and Planning From: Jim Sears, Undersheri Re: Powerline Professional Park Application GARFIELD COUNTY SHERIFF'S DEFT. P.O. Box 249 • Glenwood Springs, CO 81602 (970) 945-0453 Fax (970) 945-7651 After review of the attached application, the Garfield County Sheriff's Office has no concerns or comments. 12/13/1999 17:48 9706252963 RIFLE FIRE PROT DIST PAGE 02 RIFLE FIRE PROTECTION DISTRICT November 23, 1999 Garfield. County Planning Department 109 81.1' Street, Suite 303 Glenwood Springs, Colorado 81601 Attention- Mark Bean Reference. Powerline Professional Park Mark, The Rifle Fire Protection District has recently reviewed the proposed Powerline Professional Park Subdivision East of Rifle- It is the District's understanding that the intent is to take one 29-5 acre parcel and develop it into 2 commercial lots. The District further understands that it is unknown • what types of cammeiciaj, occupancies will be placed on the individual lots. The proposed subdivision iso with the boundaries of the Rifle Fire Protection District and NO and emergency reedica1•$ervices are provided by the District. In order to improve our ability to provide these services, the District makes the following recon rrnd*tions: } 1. A minimum f $80,000 gallons of fire protection water is steed on site. 2. Hydrants ttrtsult1 be spaced a maximum of 500 feet frem a Iltninitire. Hydrants are to be capable- of providirng a rninin>lum of .1500 gallons per "minute at 20 PS 1 residual pressure. ; 3. The main road as well as individual driveways are to be constructed to accommodate the heavy weights of fire Apparatus durffig adverse weather conditions. Roadways should be a minimum of 24 feet in width. 4- Addresses are to be posted in a conspicuous•tocation so they are readily identifiable. 5. Each individual building will need to be reviewed at the building permit phase to evaluate any additional fire protection requirements. This plan review has been conducted at a stage that it is difficult to identify what types of occupancies may be constructed on the individual parcels. Therefore, the minimum requirements have been specified- Additional items may become necessary depending on the type of construction and use of the buildings. Thank you in advance for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, Mike M rgan District Chief Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81 650 12/15199 16:49 FAX 9702487294 CDOT R3 TRAFFIC @101 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Traffic Section 222 South 6°' Street, Room 100 Grand Jundon, CO4ofsdo 81501 (970) 248-7230 December 14, 1999 Jeff Laurien Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs CO 81601 Post -it' Fax Note 7671 Data IZ JA B• 1 so erF LAutet.e t From Yitrec Sn'Th Co,roopt. PLANN L t% t: Ca. C oQT Phone ...no. C;4 ... Phone a ci-�o • r tr. 7z 30 �4O1Z Fax a Igo ` 4G ' 1411418s 5 Fax 11 Mo. 2478. 7_14 RE: Powerline Professional Park Subdivision Preliminary Plan Western Slope Development — John Barbie Dear Mr. Laurien, After reviewing the Preliminary Plan submitted by Western Slope Development I would like to offer the following comments: • Trip Generation Report — As per 2 CCR 601-1 § 1.7(1) Incorporation by Reference, Trip Generation, Sixth edition, Institute of Transportation Engineers, is the only accepted material for determining site trip numbers. Later editions of 'Trip Generation' may not be relied upon. There is a discrepancy in numbers in the range of 6 to 25 percent increases between the fifth and sixth editions. This difference however, is negligible in its effect on the State Highway Access Code (2 CCR 601-1) requirements for access improvements. • Required Highway Access Improvements -- In overall teens, I agree with the approximate numbers offered for turning -movements, however, requirements of the State Highway Access Code indicate other than minimal impacts to US Highway 6. • After reviewing 4C-10.3 Warrant 11, Peak Hour Volume (Page 4C-8, Manual on Uniform Traffic Control Devices, MUTCD) Figure 4-6, and using 1998 CDOT numbers for this location (3344 AADT - 1.4 20yr Factor — 12% DHV) it becomes apparent that although the warrants are not met at this time, this intersection will meet warrants by 2020. (The 20 -year projection is required by the Access Code) the same is true for 4C-3 Warrant 1, Minimum Vehicle Volume Warrants. It would be the recommendation of the Department to consider long-range plans in this area., • The current Access Category as described in 2 CCR 601-2, The State Highway Access Category Assignment Schedule, is R -A, or Rural Major Arterial. • § 3.8(5)(a) — Requires 12 -foot left -turn deceleration lane with taper and storage length totaling 800 feet. (The Department prefers a 4:1 bay -taper with extended full width hracr'frr 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC Powerline Professional Park Western Slope Development — John Barbie Continued, Page 2 auxiliary lane) Design of this auxiliary lane will also include a 4 -foot painted median • § 3.8(5)(b) — Requires a 12 -foot right -turn deceleration lane with taper and 4 -foot shoulder totaling 600 feet in length. • § 18(5)(c) — Requires a 12 -foot right -turn acceleration lane with taper and 4 -foot shoulder totaling 960 feet in length. • § 3.8(5)(e) — Due to high volumes of traffic along US Highway 6, the department may require a left -turn acceleration Lane with taper totaling 960 feet in length. • 55:1 Redirect tapers will be required as needed to accommodate through traffic. • Mate Highway Access Permit -- As presented in Appendix E, I have received an original application for access and find no immediate reason to deny this application. I am attaching a copy of State Highway Access Permit N° 399164 as offered to Robert 0. Klein. The applicant needs to review the terms and conditions, sign and return the permit with payment to the Department. This permit shall replace all others in existence for this property. Be advised that acceptance of this permit will also acknowledge that no further access shall be considered for this subdivision_ • Before a design may be finalized on this access, a revised Traffic Impact Study and Signal Warrant Study conforming to the requirements of the Access Code will have to be submitted to the Department for its review and approval. I appreciate the opportunity to comment at this late date and If there are any further concerns or questions, please feel free to contact this office at the above referenced address and number_ Sincerely, Mike Smith Region 3 Access Manager xc: Nall File s IZZ', !17:4.I.I:s P;ss_, ct 02 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC 003 `ri Generation ..e ort DEPARTMENT OF TRANSPORTATION Hewn 3 Moses Manager 222 South 51' Street Grand Juneon. Colorado 81501 (970) 24&7230 Powerline Profeeeional Park Summary of Trip Generation Calculation For 29.5 Acres of Industrial Park December 14, 1999 Average Standard .Adjustment Driveway Rate Deviation Factor Volume Avg_ Weekday 2 -Way Volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 63.11 62,84 8.44 1.73 10.17 1.00 1862 1.00 249 1.00 51 1.00 300 4-6 PM Peak Hour Enter 2.20 0.00 1.00 65 4-6 PM Peak Hour Exit 8.27 0.00 1.00 244 4-6 PM Peak Hour Total 10.47 7.27 1.00 309 Saturday 2 -Way Volume 34.23 41.91 1.00 1010 Saturday Peak Hour Enter 1.51 0.00 1.00 45 Saturday Peak Hour Exit 3.20 0.00 1.00 94 Saturday Peak Hour Total 4.71 2.23 1.00 139 Note: A zero tndicate8 no data available. Source: Institute of Transportation Engineers Trip Generation, sth Edition. 1997. AADT Posted Speed 20 -yr Factor DHV PHV Category TRIP GENERATION BY MICROTRANS Maximum Peak Hour Traffic 125132 175/45 AAVPM 20 YR 3344 55 1.4 12 560 R -A 7 7 25/122 35/171 44111-1. 50 124/33 174/4$ 25/122 36/171 D:\.\ccesitrip gen tzrnp.doc C.rnued by Mike Smith 12/15/99 16.49 FAX 9702487294 CDOT R3 TRAFFIC 04 COLORADO DEPARTMENT OF TRANSPORTAT10N STATE HIGHWAY ACCESS PERMIT COOT Permit No. 399164 State highway No/NipfSide 0061093.5001. Permit fee 300.00 bate of trensrttittal 12/15/1999 Rep4oNSer: on?atrd 03/02/10 Local Jurisdiction Garfield County The Permittee(s); Robert O. Kliein P.O. Box 324 Silt, CO 81652 970-876-5242 Applicant; Robert O. Klicvn P.0. Box 324 Silt, CO 81652 970-876-5242 is hereby granted permission to have an aaasss to the state highway at the location noted below. The access shall be consuvcred. maintained aid used in accordance with this permit. including the State Highway Access Code and any attachments, terms. conditions and ranitbits This permit may be revoked by the issuing autilorltyIt at any II Me the permitted access and its use violate any parts of this permit The issuing authority. the Department and their duly appointed agents and employees shalt be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: On the north side of US highway 6, a distance of 2500 feet west from Milepost 94. A pass to Provide Service to: Industrial Park 30 Acres 100.00 % Other terms and conditions: See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Dais By (x) Upon the signing of this permit the permittee agrees to the terms and Conditions and referenced attachments contained Herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to Being used. The permittee shall notify Bryan Geick with the Colorado Department of Transportation In Rifle at 970-625-2286 at least 48 hours prior to commencing construction within the State Highway right-of-way, The person stoning as the perrnftie+e must be the caner or legal representative of die property served by the permitted access and have fun authority to Accept the permit and its terms and Corrdldons. Date Permrdes (x) This permit is not valid until signed by a duly authorized representative of the Department_ COLORADO DEPARTMENT OF TRANSPORTATION Ely (x) Dale (of issue) Title Access manager Copy Distribution: Required Make copies as necessary rqr 1.riegKxi Local +dal rrtry trrrpechr 2.Appilcartt MICE Paul Traffic Engineer 3.Stsff ACceafi Section Pervious editions vs wets and may not be use° COOT Form C't01 wee State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Coda. These are provided for your convenience but do not alleviate compliance with afl sections of the Access Code. A copy of the Stale Highway Access Code is available from your local issuing authority (Foca' government) or the Colorado Department of Transportation (Department), When this permit was issued. the issuing authority made its decision based In part on Information submitted by the applicant.. on the access category which Is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the Issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado,. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of dental or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 807721- 34C0. The request shall Include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be flied with the local authority and be consistent with the appeal procedures of the local authority. 3. in submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to (Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the Internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decisicn to the Commission for a hearing, the appeal must be brought to the Commission within 80 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired If the access is not under oonstructl�son within one year of the permit issue date or before the expiration of any authorized extension. When the permittee Is unable to commence construction within one year after the permit Issue date, the permittee may request a ane year extension frorn the Issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be In writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction Is anticipated, and inc ude a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all dolled extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automaticalFy renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may riot begin until a Notice to Proceed is approved. (Code subsection 2.41 2, The constnictlen of the access and Its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. Ali materials used in the corstructicn of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise Instructed by the permit or the Department inspector. 3. The permittee shall notify the Individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed In an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the Individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit. that conflict with concurrent highway construction or maintenance work, that endanger highway fib/SI/ZT I6ZL8I OL6 XVI DIddV3Z CH JOO property, natural or cultural resources protected by law, or the health and safety of workers or the public, 5. Prior to using the access, the perrnittee is required to complete the constnictlon according to the terms and conditions of the permit Failure by the permlttee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If In the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit if the permittee wishes to use the access prior to completion, arrangements must be approved by the Issuing authority and Department and included in the permit. fine Department or issuing authority may order a hart to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials, if any construction element fails within two years due to improper oonstntction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access, 6. The permlttee shall provide construction traffic control devices at alt times dud ng access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility wnark within highway right-of- way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event It becomes necessary to remove any right-of-way fence, the posts on either side of the access sha`I be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shell be tamed over to a representative of the Department 9. The oennittee shall ensure that a copy of the permit Is available for review at the construction site at all times. The permit may require the contractor to notify the Individual or office specified on the permit at any specified phases in construction to allow the fleid inspector to Inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site ccnd1t ons. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan., 11. By accepting the permit, permittee agrees to save, Indemnify, and hold harmless to the extent allowed by law, the Issuing authority, the Department, its officers, and empioyees from suits, actions, claims of any type or character brought because of Injuries or damage sustained by any person resulting from the perrnittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It Is the responsibility of the property owner and permittee to ensure that the use of the access to the property Is not In violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon ail assigns, successors•Ireinterest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or properly owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43- 2-147(5)(c), C.R.S., of the Act applies, The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The perrnittes, his or her heirs, successors -in -interest, assigns, and occupants of the properly serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gale, and the removal or clearance of snow or ice upon the access even though deposited on the access In the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the perrrittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within Incorporated areas, drainage responsibilities for municipalities are determined by statute and Local ordinance. The Department will maintain the roadway Including auxiliary lanes and shoulders, except In those cases where the access installation has failed due to improper access construction andlor failure to follow permit requirements and sped(cations in wh ch case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 fi8ZLtaZOL6 XV! 33d3F&L CS IND 12/15/99 16:49 FAX 970248 7294 CDOT R3 TRAFFIC State Highway Access Permit Attachment to Permit No. 399164 - Additional Terms and Conditions C 07 Pa0e t 1. The following items are required before a Notice to Proceed will be issued: (a) Construction Plans starnped by a Colorado Registered Professional Engineer (b) Traffic Canto! Plan, Certified by ATSSA or CCA Certified Worksite Supervisor. (c) Certificate of insurance Liability as per Section 2.3(11)(h) of the Access Code (2 CCR 601-1) 2. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. All submittals, documents and other items that roust be completed, shall be submitted and approved before a Notice to Proceed will be issued. contact the Department (or issuing authority) for the Notice to Proceed. 3. All culverts installed in open ditches shall have flared end sections. 4. The Permittee shall install a new 24 inch corrugated metal pipe. 5. All existing drainage structures shall be extended, modified or upgraded as applicable, to accomrnodate all new construction and safety standards, in accordance to the Department's standard specifications_ 6. No drainage from this site shall enter onto the State Highway 6 travel lanes. The Permittee may be required to detain all drainage in excess of historical flows on site_ 7. If frost, water or moisture is present in the subgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 8. The top layer of plant mix bttummous pavement shall not be placed between October 1 and April 1, unless oterwise approved by the Department. 9. The existing asphalt adjacent to all new pavement shall be saw cut and removed a minimum of one foot back from the existing edge, or until an acceptable existing cross slope is achieved to assure a straight edge for the j oit- 10. Slopes shall be at a 4 to 1 ratio on the roadway and a 6 to 1 ratio on the approach. 11. The new State Highway pavement shall slope on the same plane as the present pavement surface. 12. The surfacing shall meet the 17epariment's specifications with the following material placed for final grade: 4 inches ABC, Class 1; 12 inches ABC, Class 6 and 18 inches of Hot Bituminous Pavement. 13. Placement of base course materials shall be in accordance with section 304.04 of the standard specifications. Compaction shall be in conformance with AASHTO procedure T-99. 14. Compaction of subgrade, embankments and backfill shall be in accordance with section 203.07 of the Department's standard specifications with the test results sent to and approved by the Department inspector. 15. Compaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the Departments standard specifications. Compaction of the Aggregate Base Course shall comply with section 304.06. 16. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 17. All required access improvements shall be installed prior to the herein authorized use of this access. 18. The design, of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.3 of the State Highway Access Code, 2 CCR 601-1. 19. Pursuant to section 4.9(3) of the State Highway Access Code, the access roadway shall not exceed a maximum 12/15!99 16:49 FAX 9702487294 CDOT R3 TRAFFIC �)S State Highway Access Permit Page 2 Attachment to Permit No_ 399164 - Additional Terms and Conditions grade of 10 percent within the highway right -of --way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The access vertical grade shall be designed and constructed in conformance with the Department M & S standard M-203-1. 20. The access shall be completed in an expeditious and safe mariner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 21. The access shall be constructed perpendicular to the travel lanes of State Highway for a minimum distance of feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of feet. If curb and gutter are present, the slope shall be calculated from pan line to pan line_ Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 22_ The access shall be constructed 40 feet wide, with 30 foot radii. 23. The roadway shoulder shall be widened to 4 feet and surfaced with HBP in accordance with the Department specifications. 24. All final signing and pavement striping shall he done by the Permittee or the contractor in conformance with the Department's M & 5 standards and the M.U.T.C.R., unless otherwise agreed to by the Department and the Permittee. A final signing and pavement striping plan shall be submitted to the Region Traffic Engineer a minimum of working days prior to commencement of worst. No work shall begin without prior approval and authorization from the Department. 25. All temporary pavement striping shall be done by the Permittee/contractor in comformance with section 627 of the Department's standard specifications for Road and Bridge Construction (latest edition). 26. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 27. All work that requires traffic control shall be supervised by a registered professional traffic engineer or by a traffic control supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA). When flagging personnel are required, they shall be certified by the contractor in accordance with the Department standards. 28. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Colorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 29. The Permittee shall install a 12 -foot left -turn deceleration lane and left -turn acceleration lane with 4 -foot painted median on State Highway 6 , in conformance with section 4 of the State Highway Access Code, 2 CCR 601-1. 30. The Permittee shall install a 12 -foot right tum deceleration and a right turn acceleration lane with 4 -foot shoulder ort State Highway 6, in conformance with section 4 of the State Highway Access Code, 2 CCR 601-1. 31. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department at 32. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC tj0 State Highway Access Permit Page 3 Attachment to Permit No. 399164 - Additional Terms and Conditions accordance with the Department standard specifications_ 33. No more than 6 feet of trench areas shall be opened at any ane time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M. of each working day or be protected in accordance with the M_U.T.C.D.. 34. Open cuts which are 4 inches in depth, within 30 feet of the edge of the State Highway traveled way will not be left open at night, on weekends, or on holidays. 35. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 36. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their origional conditions, to insure proper strength, drainage, and erosion control. 37. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 38. It shall be the responsibility of the Permittee to verify the location of the existing utilities and notify all utility owners or operators of any work that might involve utilities within the State Highway right-of-way_ Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Permittee. Any damage or disruption to any utilities during the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 39. The Permittee, through a Colorado registered professional engineer shall provide design, construction, pavement striping and signing plans to the Department for approval days prior to commencement of any work. Design plans must include but not limited to layout of speed change lanes, utility locations, present and proposed drainage, present and proposed right-of-way lines, traffic control plan (if any), present and proposed traffic control devices, cross sections on foot intervals, and clear zone analysis. 40. Survey markers or trionturients must be preserved in their original positions. Notify the Department at immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 41. All materials, equipment, installation, construction, and design, including the auxiliary lane(s) and intersection improvernent(s) within the State Highway shall be in accordance with the following Department standard references, as applicable: a. Roadway Design Manual b. Materials Manual c. Construction Manual d. Standard Specifications for Road and Bridge Construction, latest edition e. Colorado Standard Plans (M & 5 Standards) f. Manual on Uniform Traffic Control Devices (M.U.T.C.D.) for Streets and Highways and the Colorado Supplement thereto g. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition h. Institute of Transportation Engineer's Trip Generation manual, 6th Edition 12/15/99 16:49 FAX 9702497294 CDOT R3 TRAFFIC C] 10 State Highway Access Permit Page 4 Attachment to Permit Na. 399164 - Additional Terms and Conditions i. State Highway Access Code, 2 CCR 601-1 j. Roadside Design Guide Some of the reference materials listed above (a through e) may be purchased from: Colorado Department of Transportation Bid Plans Room 4201 East Arkansas Avenue Denver, Colorado 80222-3400 Telephone Number (303) 757-9313 The Access Code may be purchased from: The Public Record Corporation 1666 Lafayette Street P.O. Box 18186 Denver, Colorado 80218 Telephone Number (303) 832-8262 42. Upon completion of this pertnit the applicant shall notify the Access Manager by ceritfied mail within 10 days at: Colorado Department of Transportation 222 South 6th Street, Room 100 Grand Junction CO 81501 Atte! Access Manager 43. Landscaping shall not obstruct sight distance at any State Highway access point. 44. In the event the landscaping becomes unsightly or considered to be a traffic hazard, the Department may require that it be removed promptly by the Permittee and at no cost to the Department. 45. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way at this access ss location. Any livestock that does enter the State Highway right-of-way shall be the sole responsibility of the Permittee. 46. No work will be allowed at night, saturdays, sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 47. No highway lane closures or one-way traffic will be allowed during the morning ( 7 A.M.- 9 A.M.) and evening ( 3 P.M.- 6 P.M.) peak hour periods. 48. Any work within the State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3;30 P.M. each day, 49. The Permittee shall provide the Department a copy of the recorded final plat upon approval by 50. The Permittee shall submit a sw'vcy plat, warranty deed, and legal description for all property to be dedicated to the Department as new right-of-way. 12/15/99 16:49 FAX 9702487294 CDOT R3 TRAFFIC IZ11 State Highway Access Permit Page 5 Attachment to Permit No. 399164 - Additional Terms and Conditions 51. The Permittee is responsible for obtaining any necessary additional federal, state and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. 52. Water, sanitary sewer, electrical communication, gas, landscaping, driveway, and telephone installations will require individual additional permits. 53. This Permitted access is only for the use and purpose stated in the Application and Permit. 54. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 55. The Permittee shall refer to all additional standard requirements attached to this permit, CDOT Form 101b, and any enclosed additional terms, conditions, exhibits and noted attachments. 56. If there are any questions regarding this permit, please contact Mike Smith at 9970248-7230 . DEC. 17, 1999 8:56AM LOY %J. F. TT AVFNWORN CY-1.471'11A e. TnsTER GREGORY 3 HALL McCONAUGZIY I,:12LLY D CAVE 1)4A ID A NIEISIN(iLH- rOM KINNEY .SANW ILAAI.SCH .e,,ttiliato1 L \' LE ulVy To: Company: Phone: Fax: From: LEAVENWORTH & TESTER, P, G. NO, 4955 P. 1 LEAN'ENNVORTH & TESTER. P.C. ATTORNEYS AT LAW, 1011 fiRANDAVFNUF. P. 0. DR. \ WER c.LaiwooD sniNGs COLORADO 81602 TELEPRONE .,r01 Q45 -220i 1 -AX FACSIMILE TRANSMITTAL SHEET Date: 191aiv,(c1 Cr—c--t7 aire Number or pages to be trammitted: Document Description: REMARKS: (including cover pale) NOTE: if you encounter any difficulty in receiving the total number of pages indicated above, PLEASE CALL (970) 945-2261 AS SOON AS POSSIBLE. 3a Operator ORIGINAL SENT BY U.S. MAIL ORIGINAL NOT SENT THIS FACSIMILE TRANSNIISSION IS STRICTLY CONFIDENTIAL ANI) IS INTENDED ONLY FOR T}fl INDIVIDUAL OR ENTITY NAMED ABOVE, IF YOU HAVE RECEIVED THIS FACSIMILE TRANSMISSION IN ERROR, PLEASE NOTIFY THIS OFFICE IMMEDIATELY AND RETURN 'THE TRANSMISSION TO US AT THE .S.BOVE ADDRESS. THANK YOlr. 11"(%I.ctIrrhcati-E'glrinor.f< DEC, 17. 1999 8: 58A 1 LEAVENWORTH & TESTER, P. C. LOYAL E. LEAVENWORTH CYNTHIA C. TESTER 3R GORY 3. I CALL r).Av"7.1) 14. McCONAUGIIY KELLY 1). Cs2011 DAVID A ME[SINGER' o?4 KINNEY SUSAN w LAATTSC J-1 'Acuabincd in wimmnsin only. LEAVENW ORTf & TESTER, P.C. ATTORNEYS AT LAW • RECEIVED DEC 1 1993 December 16. 1999 Mark Bean Director, Garfield County Platting Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 FILE 1011 GLAND AVENUE P. C. DRAWER ^_734 01,E,ivWi)11) SNR1N .S. (,c)1.ORADO 31(11' f1 r.f,PFIaNF.: (970) 945-2251 FAX (970) 415-7336 leaveQS0priS ae<r Re: Subdivision Ptelimi r ' Plan tar Powerline Professional Park Dear Mark: As the City Attorney for the City of Rifle, Colorado 1 have reviewed the proposal for eight commercial lots along highway 6 and 24 east of Rifle. I have also met with Mr_ Barbie regarding the potential need for a watershed permit application t'or the project pursuant to Rifle Municipal Code §10.05.010, et seq., a copy of which is enclosed tor your reference. The City of Rifle's Watershed District jurisdiction extends 5 miles upstream from its point of diversion on the Colorado River, an area within which the proposed subdivision is located. In addition, the activities within the District which require a Watershed Permit from the City of Rifle include, among other things, the installation of sewage disposal systems as well as excavation. ac,q Ririe Municipal Cock §10.05.040. It appears likely that the proposed subdivision would require a Watershed Permit. We ask that such Permit be required by the County prior to final plat approval. Please call me with any questions. Enclosure cc: Selby Myers, wlo end. Pat Hopkins, w/o encl John Barbie, wio enol. F' .199J,I.cnets-Mrinew,RIFLE-llean-hi-1.wOxl Very truly yours. LEAVENWORTH 84 TESTER, P.C. { / Loyal E. Leavenworth illir C-15-1999 14:50 FROM: CITY OF RIFLE t Or# r (fcre..rl C.e' 6'7 1-970--625-6268 TO:970 945 7785 17#1Cc- c1inl i r (Ike. 1:3 -0 , L CHAPTER 5: WATERSHED .DISTRICT 10.05.010 Intent of City Watershed District There is established by the City of Rifle a Watershed District ("District'). The District is that area in which the City shall exercise its powers to maintain and protect City's waterworks from injury and the City's water supply from pollution. This District is created under the authority granted in C.R.S. §31-15-707(1)(b), as amended, and Article XX of the Constitution of the State of Colorado. The District and these regulations are created only for the purpose of protecting the City's waterworks and water supply, and not for the purpose of regulating land use activities, which activities shall continue to be regulated by Garfield County, the federal government, and any other authority with jurisdiction over land use activities within the District. The Ciry shall implement and enforce these regulations for the purpose of reviewing and permitting any activity within the District which creates a foreseeable risk of injury to the City's waterworks or pollution of the City's water supply. The City's review authority within the District shall be exercised concurrently with the authority of Garfield County or any other government entity to review andfor permit the same activity as the City may regulate; provided however, in the event no review, approval or permit requirement exists, the City's review authority shall occur prior to the commencement of any activity covered by this Chapter 10. (Ord. 22-94 §J) 10.05.020 Jurisdiction and Map The jurisdiction of the District shall extend over the territory occupied by the City waterworks and all reservoirs, streams, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over Beaver Creek, the Colorado River, and all water sources and drainage areas tributary thereto for five (5) mites above the points from which water is diverted for use by the City. The District Map, with all notations, references and other information shown thereon, is incorporated herein as part of this Chapter. The official District Map is located and can be reviewed in the office of the City Clerk, and copies thereof are available on request at a cost of $15.00 per copy. (Ord. 22-94 §1) 10.05.030 Definitions Whenever the following words or phrases are used in this Chapter 10.05, they shall have the following meaning; A. "Best management practices" (BMPs) means schedule(s) of activities, prohibitions of practices, maintenance procedures, management procedures, and other management and activity practices to prevent or reduce potential or actual injury to the City of Rifle waterworks or pollution of the City of Rifle water supply. BMPs also include treatment requirements, operating procedures and other practices to control runoff, erosion, drainage, sediment accumulation and similar events. B. "Excavate or Exc ivating" means the artificial movement of earth leaving any cut bank over three (3) feet in vertical height or a movement of material in excess of two hundred fifty (250) cubic yards. City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 P.001'009 C. "Fill" or "Filling" means the artificial movement of earth leaving a fill earth bank over two (2) feet in vertical height or tilled earth over two (2) feet deep, or artificial addition of earth above a line sloping up at a grade of one (1) vertical to two (2) horizontal from the ground. D. "Foreseeable risk" means the reasonable anticipation that harm or injury may result from acts or omissions. E. "Grade" or "Grading" means the artificial movement of over two hundred fifty (250) cubic yards of material; or movement of any earth or material affecting or creating a drainage channel; or pioneering of roads by the artificial movement of soils, trees or shrubbery creating a roadway or driveway in excess of two hundred fifty (250) feet in length; or the use of vehicles or keeping of any animals upon any land that would lead to a movement of one hundred (100) cubic yards of material within one (1) year of the commencement of such use or which use, if continued, would. result in the movement of any earth or material affecting or creating a drainage channel. F. "Person" means any individual, corporation, governmental or governmental subdivision or agency, limited liability company, business trust, estate, trust, partnership, association or any other legal entity. G 'Pollution" means man-made, man -induced, or artificial alteration of the physical, chemical, biological and radiological integrity of water. H. "Remove vegetation" means to artificially cut, chemically kill or in any other manner remove any tree greater than fifteen (15) feet in height, any shrubs or trees covering an area of more than 100 square feet, or any grasses covering an area of more than 1,000 square feet. 1. "Sewage disposal system" means an "individual sewage disposal system' as defined in C.R.S. §25-10-103(8). J. "Surface" or "Surfacing" means any action resulting in the hardening or covering of the pre-existing ground in an area greater than 100 square feet such that rain or other water striking the area will accumulate or run off the surface to a greater extent than prior to the hardening or covering of the pre-existing ground. Surfacing includes, but is not limited to, such things as compacting the surface of the earth, placing gravel, concrete or like substances on the surface of the earth, or placing of structures upon the ground. K. "Tributary" means any watercourse, stream, creek, spring or drainage area which provides a source of supply to the City's potable water diversion points on Beaver Creek and the Colorado River. L. "Waterworks" means any and all man-made or designed components of the City's water system including, but not limited to, ail transmission, storage, treatment and filtration facilities; and all reservoirs, streams, ditches, pipes, drains, and diversion structures used in and necessary for the construction, maintenance, operation, and repair of the City's water system. (Ord. 22-94 §1) 10.05.040 Prohibited Activities and Permitted Activities Requiring Notice A. It is unlawful for any person to cast. place, dump or deposit in any part of the City waterworks any substance or material which may injure or obstruct the same or tend to City of Rifle Municipal Cade TITLE 10 - WATER d SEWER PrinredJanuary 5, 1999 SSLL St76 OLS:ftL 8929 -539 -0L6 --T 373I J© AIM:NO OS:'VE 666T -ST -93O dh- contaminate or pollute the water or obstruct the flow of water through the City's water facilities. For a distance of five (5) miles upstream from the points where the water supply is diverted, no person shall: (a) throw, c2st, put or deposit any pollutant or contaminant into or in close proximity to Beaver Creek, the Colorado River, or any of their tributaries or drainage areas; (b) store or retain any offensive or unwholesome substance on any premises in such position that the substance or drainage therefrom may be carried by natural causes into Beaver Creek, the Colorado River, or any of their tributaries or drainage areas, or (c) permit to flow into Beaver Creek, the Colorado River, or any of their tributaries or drainage areas from any place or premises, any foul or contaminating fluid. B. It shall be unlawful for any person w cause injury or damage to the City waterworks. C. In addition to the general prohibitions of Rifle Municipal Code Sections 10.04.530, 10.04.590, and subsections A. and B. of this Section, it shall be unlawful for any person to engage in any of the following activities within the City's Watershed District, which activities the Ciry Council finds pose a potential or threat of injury to the City's waterworks or pollution to the City's water supply, unless such person shall, prior to commencement of such activity, receive a permit for such activity under the provisions of this Chapter: 1. Construction or installation of a sewage disposal system. 2. Excavation, grading, filling or surfacing. 3. Removal of vegetation. 4. Timber harvesting. 5. Drilling operations. 6. Alteration of water drainage courses. 7. Surface and subsurface mining operations. 8. Spraying or using herbicides. 9, Using, handling, storing or transmitting toxic or hazardous substances, including, but not limited to, radioactive materials. 10. Using, handling, storing, or transmitting flammable or explosive materials, except for domestic purposes or within vehicular fuel storage tanks. D. The following activities are permitted within the District provided written notification of such activity is provided to the City ten (10) days prior to commencement of such activity: 1. Stock grazing. 2. Road maintenance and improvement by governmental entities. The written notice required under this subsection D. shall include the name and address of the person undertaking the activity, a legal and common description of the location of the proposed activity, a description of the proposed activity, a discussion of the potential impacts upon the City's waterworks or water supply, and such other information as the City may require. The purpose of this notice requirement is to allow the City an opportunity to protect the waters of the District by suggesting a best management practice for such activity prior to its commencement. E. In the event that any activity not listed in subsection 10.05.040 C., above, is being conducted in such a manner that the City Council finds that there exists a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, the person responsible for such activity shall be notified by the City of such finding and the City may require that the activity cease and desist until a permit is obtained for the activity under the provisions of this Charter. (Ord. 22-94 §1) City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 600F200"d SELL Sb6 0L6:O1 8929-S29--0L6-T AlI0.W0ad OS:bti 666T -ST -030 10.05.050 .Permit and Hearing Procedure A. Applieatican and Fees, Ari applicant for a District permit shall submit the following to the City Clerk no Iater than ninety (90) days prior to commencement of a proposed activity: 1. A completed application form as prescribed by the City, The application shall be completed by the owner of the property on which the proposed activity will occur, or its authorized representative, the latter of whom shall provide evidence satisfactory to the City of his or her authority to act with respect to the property and who shall also provide a statement setting forth his or her interest in the proposed activity. 2. A full and complete description of the proposed activity for which a permit is sought, including, if applicable, a discussion of any future activity anticipated by the applicant with respect to the subject property. 3. Two sets of plans and specifications which shall contain the following information. a, A vicinity sketch map or other data indicating the site location and legal description of the subject property. b. Boundary lines of the property for which the permit is sought, if applicable. c. Location of any buildings or structures within fifty (50) feet of the proposed activity. d. Accurate contours establishing the topography of the existing ground at a minimum of five feet (5') contour intervals for areas with a grade of less than 10%, and at a minimum of twenty feet (20') contour intervals for areas with a grade greater than 10%. e. Elevations, dimensions, location, extent and the slopes of all proposed excavating, grading, filling or surfacing shown by contours andfor other means. f. Details of all drainage dev g- ces in connection with the proposed activity. A statement of the amount and location of any matter proposed to be deposited in areas other than that shown on the plans. h. Nature and location of existing vegetation and a statement as to the effect of the proposed activity on such vegetation. i. A vicinity map, as a scale of not less than 1" = 2,000' depicting the location of streets, highways, watercourses, and natural drainage courses of streams within one-half (1/2) mile of the proposed activity site. j, The location of the one hundred year flood plain of any drainage on or adjacent to the site of the proposed activity, 4. A document identifying any activity that may present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, along with a specific description of the measures, including best management practices, that will be employed by applicant to obviate such risks. City of Rifle Municipal Code TITLE 10 - WATER & SE ,ER Printed January 5, 1999 SeLL Sb6 0L6:01 8989 -S29 -0L6-1 919Id JO AlID:WOa IS bI 666T -ST -DO 5. Any and all additional information that may be specifically requested by the City, including, but not limited to, the following: a. A map showing the drainage pattern and estimated runoff of the area of the proposed activity. b. Revegetation and reclamation plans and specifications. c. A soils analysis, including the nature, distribution and strength of existing soils, and recommendations for earth moving procedures and other design criteria. d. A geologic analysis of the site and adjacent areas. e. An operational and maintenance analysis of the proposed activity. f. Waver use analysis for the proposed activity, including source, quality, amount of consumptive use, impact on groundwater and discharge characteristics. 6. An application will not be deemed to be complete until all information required by the City has been submitted. The City Engineer shall have the authority to waive one or more submittal requirements if compliance with the requirement(s) waived is not necessary for proper evaluation of a permit application. - 7. The applicant shall submit to the City a District permit application fee of $250.00 at the time of filing an application. The fee set forth in this subsection shall be considered a minimum for each application. To the extent any application results in the City paying for outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the application, the applicant shall pay all such out-of-pocket expenses incurred by the City. All fees and costs shall be due and payable at the time a statement is presented to the applicant by the City of Rifle. No watershed district permit shall be issued until al! fees have been paid. B. Review Analysisjnd Classification 1. Within sixty (60) days following receipt of a completed application and site inspection, if necessary as determined by the City, the City Engineer shall review the application and prepare an analysis of the proposed activity, including a discussion of any factor that may present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, and including a discussion of the measures, including best management practices, if any, that are proposed by the applicant to obviate such risks. 2. In undertaking rhe analysis of any proposed activity, the City Engineer shall consider the following factors, and any others that may be relevant: a. Nature and extent of the proposed activity. b. Proximity of the activity to existing water courses, City water supplies and City waterworks. c. Drainage patterns and control measures. d. Soil criteria and erosion potential. e. Slope steepness and stability. City of Rifle Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 600/S20'd S8LL 9'6 0L6:O1 8929 -S29 -0L6 -T 31JI? JO AlI3:WOdi TS:bT 666T -ST -330 f. Effects of denudation. g. Geologic hazards, including, but not limited to, avalanche paths, flood plains, high water tables, fault zones and similar factors. h. Ambient and nonpoint source discharges into water. i. Fire hazard. 3. The City Engineer may classify in writing an application as "Minor Impact" if the City Engineer finds, based upon the City Engineer's analysis, that the proposed activity does not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply. If the City Engineer has designated an application as Minor Impact, the City Engineer shall forward the application, analysis and No Impact finding to the City Council, and the City Council shall conduct the hearing required under Section 10.05.050 C., at a regularly scheduled meeting within thirty (30) days of the City Engineer's determination. The City Council shall render a decision regarding the issuance or denial of a District permit to such applicant within -the time limits contained in Section 10.05.050 C. The failure of the City Council to render such decision within the time limits herein Set forth shalt be deemed affirmative action on the issuance of the requested permit for any application classified as Minor Impact. 4. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection 10.05.050 B.2., the City Engineer determines that the proposed activity is of a type or location that will have no negative impact on the City's waterworks or water supply, the City Engineer may classify the application as No impact". If such a "No Impact" finding is made, the City Engineer or his/her designee shall immediately issue a District permit for the proposed activity. After issuance of said permit, the City Engineer shall report same to the City Council at its next regular or special meeting, and shall also keep a record of such "No Impact" permits for the purpose of assessing the cumulative impact of "No Impact" activities. If the City Engineer or his/her designee does not make a "No Impact" determination, that decision may be appealed to and considered the City Council at that meeting at which the application is otherwise reviewed. At said meeting the Council may, based upon the same standards as set forth above, grant a "No Impact" permit for the proposed activity. 5. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection 10.05.050 B.2., the City Engineer finds that the proposed activity poses a foreseeable and significant risk of injury to the City's waterworks or pollution of the City's water supply, the City Engineer shall forward the application, analysis, and Finding to the City Council, together with a recommendation that the City Council deny the permit or issue the permit with conditions. The City Council shall then review the application and recommendation as provided in Section 10.05.050 C. C. Readeg. Upon receipt of an application, analysis, and finding from the City Engineer, the City Council shall conduct a public hearing to review the application and shall render a decision regarding the issuance of denial of a District permit to such applicant within sixty (60) days of receipt of the City Engineer's analysis. However, if the activity requires approval or a permit from any agency of the county, state or federal government, and the approval time lines for the county, state or federal action exceed that required in this section, the City shall have until thirty City of Rifle Municipal Code TITLE 10 • WATER & SEWER Printed January 5, 1999 600/900'd 58LL St76 OL6:O1 8929 -S29 -0L6 -I 31JI J AD ,''IID WOZId 85:bT 666I -S1-330 (30) days following the issuance of the county, state or federal permit or approval to render a decision regarding the issuance or denial of a District permit to such applicant. The City Council may require additional information from any applicant, in which event the public hearing and decision may be delayed or continued until receipt of such additional information. D. Standards for_Issuance nL Pe it. A District permit shall be issued when the Ciry Council finds that the applicant has sustained the burden of proof that the proposed activity, including best management practices, if any, does not present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, or injury or pollution or any water sources tributary thereto for five (5) miles above any point from which water is diverted for use by the City. A District permit shall be denied when the City Council finds that the applicant has not sustained such burden of proof. E Permit Conditions. The City Council in issuing any District permit may prescribe any conditions it may deem necessary to effect the intent of this Chapter. The City Council may require any applicant to post a surety bond or cash in an amount sufficient to ensure compliance with the District permit, including, but not limited to, the cost of maintenance, operation, revegetation, reclamation, and other requirements intended to further the intent of this Chapter. The City Council may release to the applicant portions of any such bond or cash from time to time when no longer necessary to ensure compliance with the District permit. F. Murat on of Permit. If any proposed activity for which a District permit is issued is not commenced within twelve (12) months from the date of issuance of such permit, the permit shall expire and become void. G. Notice of Hearing. Notice of any public hearing required hereunder shall be given at least ten (10) days in advance of the public hearing by publication in the official newspaper of the City of Rifle, and by notice to the applicant by registered mail. 13. joint Review Processes. Any permit required hereunder can be reviewed and issued pursuant to a joint review process with any other government entity or agency charged with the review and approval of the same activity or activities. (Ord. 27-97 §2; Ord. 22-94 §)) 10.05.060 Enforcement A. Right of Fntty. Whenever necessary to make an inspection to enforce a provision of this Chapter, an authorized representative of the City may go upon any land at any reasonable time to inspect the same or to perform any duty imposed hereunder, provided that he identify himself and, if such Iand be unoccupied, that he shall make a reasonable effort to Iocate the applicant or other persons having control of such land to notify them of such entry. B. Stop Work.Ocier. Whenever any work or activity is being done contrary to the provisions of this Chapter, or in violation of the terms of any District permit issued hereunder, the City or its authorized representatives may order the work stopped by notice in writing served on the applicant or any person engaged in or causing such activity to be done, any such person shall cease such activity until authorized by the City to proceed. The City shall reserve the right to revoke or suspend any permit issued hereunder if work is not done in accordance therewith. (ord. 22-94 §1) City of Rifle Municipal Code TITc lo - WATER & SEWER Printed January 5, 1999 600/L0®'d SBLL 9b6 9L6:01 8929 -529 -0L6 -S 9-1JT JO AlI0:I4o d 2S;bI 666I -SI -930 10.05.070 'Other Remedies In addition to any other remedies provided by this Chapter, the Rifle Municipal Code, state or federal law, the City attorney, on behalf of the City, may continence an action in a court of competent jurisdiction for a temporary restraining or preliminary or permanent injunctive relief restraining and violation of this Chapter. (Ord. 22-94 §1) 10.05.080 Activity in Progress The lawful continuance of any activity in progress at the time of the enactment of this Chapter may be continued even though it does not conform to the requirements of this Chapter. For purpose of this section, an "activity in progress' is and building, construction, land use or other activity which has been finally permitted by all other governmental agencies having jurisdiction thereover, and which has been physically commenced. Ordinary repairs and maintenance of any existing building structure or land shall be allowed. Any change, expansion, alteration or enlargement of such existing lawful use shall be subject to all requirements of this Chapter. (Ord. 22-94 §1) 10.05.090 Violation and Penalty A. Offense Any person who violates any of the provisions of this Chapter shall be fined in an amount not to exceed 5300.00 for each offense. Any person who willfully and wantonly violates any provisions of this Chapter shall be fined not to exceed 5300.00 for each offense or by imprisonment exceeding ninety (90) days, or by both. Each day a violation occurs shall be deemed a separate offense. B. &milks. The remedies herein provided shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Nothing herein shall be construed a waiver of any civil remedies available to the City. (Ord. 22-94 §1) 10.05.100 Appeal Any person desiring to appeal any decision or determination by the City Council hereunder trust file such appeal within thirty (30) days following such decision or determination with the District Court of Garfield County. (Ord. 22-94 §)) 10.05.110 District Map The District Map shall be amended in the event any change in the City's waterworks or diversion points for its water supply materially alter the geographical extent of the City's jurisdiction under this ordinance. (Ord. 22-94 §1) City of Rhe Municipal Code TITLE 10 . WATER & SEWER Printed January 5, 1999 600/800'd SELL St'6 0L6:O1 8929 -S29 -02.6-T 3idI8 JO .UIO:WE:MU 2 :VE 666T -S1-030 J kvter-etWAs, -e Piggy driving, mountain biking, and group parties. Portions of the area have been negatively impacted and are deteriorating, causing erosion, the degradation of wildlife habitats and an unsightly environment. The lands along east Highway 6124 just outside of Rifle have been developed as roadside industrial. In addition, Cottonwood Springs Village. a large mobile home complex. is just off Highway 6/24 in the County. Scenic ranches and 35 -acre residential Tots still exist around the City including the agricult•xral areas along CR 325, on Graham Mesa and along east Highway 6/24 toward Silt. These Ranch lands provide much of the scenic character which makes Rifle and its surrounding area so attractive. District 8 Goal ▪ Work with the private landowners, Garfield County and others to build partnerships for agricultural preservation in the outlying areas around rhe City of Rifle. Future Land Use Policies and Actions ▪ Minimize annexation in these outlying areas; annex only enclaves which are under growth pressure and are directly adjacent to the City limits of Rifle. (see Community Character/Growth Pattern Policies and Actions for more information, page 17) ▪ Work closely with the BLM to improve the natural resources and managennent of Hubbard Mesa, and determine how to most appropriately manage this area in the future. The City should consider the option of obtaining portions of the area as a city park. However. future management options should carefully be addressed and a clear understanding of potential management costs and responsibilities should be agreed upon. Once the appropriate management entity or entities is determined, a management plan should be developed and implemented. • Work with ranchers, Garfield County administration and others to help retain as much agricultural use as possible around Rifle through voluntary and incentive based means. Retention of 35 acre or greater parcels should be encouraged. • Work with Garfield County to create a fringe area plan. • Create an intergovernmental agreement with Garfield County to help ensure uses in most of the areas of influence remain rural. This will include working with Garfield County to revise the Resource Land. Zone on the west side of Rifle to ensure that uses in this area remain compatible with goals, policies, and actions identified in this plan. Another example.of this is the development of a "major street plan" that designates land uses adjacent to read corridors. The intergovernmental agreement should also ensure residential development in this area are on Tots 35 acres or greater. Separated, non -urban developments. such as the Cottonwood Springs Village and roadside rural industrial and comrnercial development, should not be encouraged to grow or expand_ Create intergovernmental agreement with Garfield County about appropriate growth of the airport and surrounding area. Ensure that growth within the proposed PUD extends logically. Rifle Comprehensive Plan 55 600,600'd May 1498 CeLL SI6 OLE L1 8929-S2 -02.6-T 3-1dI.dO JllI3:I4O J SS!bT 666ti-SZ-D36 DEC -01-.999 16:28 FROM:CITY OF RIFLE 1-970-625-6268 TO:970 945 7785 P.002/005 STAFF REPORT 11129/99 puwerlinepp.sub proval of a commercial subdivision sketch plan was made to was sent to the Rifle Planning and Development Department for County Staff Planner, Mark Bean -945-8212. This application for ap Garfield County, and comment by Garfield Title: Applicant: Contact Person: Request Summary: Location: Existing Zoning: Area Summary: Powerline Professional Park Subdivision -Preliminary Plan Western Slope Development John Barbie Subdivision of a 29.5 -acre tract of land into 8 commercial/industrial lots. Located. approximately 1.5 miles east of Rifle off of Colorado State Hwy. 6 & 24. CornmerciallGeneral (C/G) 1. Commercial establishments, wholesale and retail establishments, personal service establishments, general service establishments and offices. 2. Minimum lot area: 2.8 acres 3. Maximum lot coverage; Gross floor area must be governed by lot coverage requirements of Garfield County Zone District Regulations in effect at the time of building permit application. 4. Minimum setbacks: front yard: 50' from street centerline or 25' from front line; rear yard: 25'; side yard: 10' from side line or half the height of the principal building, whichever is greater. 5. Maximum height of building: 25' Commercial lois--8 each = 28.5 acres Open Space Private Open Space Dedicated R.O.W. = .5 acres _ .5 acres = Not vet determined Total = 29.5 acres OEC -01--1999 1E:28 FROM:CITY OF RIFLE 1-970-625-0208 TO:970 945 7785 P.003/005 I. Description of Proposal The applicant is proposing to subdivide 29.5 acres into 8 commercial lots. One commercial building per lot is allowed. The number of off-street parking spaces will he determined at a later date, and is dependent on the square footage of the commercial building proposed on each lot. Relationship to Comprehensive Plan Since the property is located in Garfield County within a 3 -mile radius of the Rifle City Limits, it falls within the planning area of influence of the recently completed Rifle Comprehensive Plan (1998). One goal stated in the Comprehensive Plan for District 8: East Rifle Undeveloped Area is to work with the private landowners, Garfield County and others to build partnerships for agricultural preservation in the outlying areas around the City of .Rifle. Future Land Use Policies states: "Separated, non -urban developments, such as the Cottonwood Springs Village and roadside rural industrial and commercial development, should not be encouraged to grow ox expand. III. Staff Comments The Powerline Professional Park Subdivision Preliminary Plan application was prepared and submitted by S K Collaboration and sent to the City of Rifle for comments by Garfield County. Rich Holsan prepared the survey. Western Slope Development Company is the owner of the property. EXISTING SITE The existing site for the proposed 8 commercial lot subdivision of Powerline Professional Park is one-quarter mile east of Rife and six and one-half miles west of Silt on Colorado State Highway 6 & 24 in Garfield County. It is bounded on the west by Spangler's salvage yard and Cottonwood mobile home park, on the north by undeveloped semi - agricultural land, on the south by Colorado State Highway 6 & 24, a gravel pit and concrete plant and on the east by a gas station and miscellaneous development. The site lies within the contact area between the Arvada-Torrifluvents-Heldt and the Potts- lldefonso-Vale groups. The topography of most of the construction area is nearly level to gently sloping to steep soils on mesas, terraces, alluvial fans and flood plains. The native vegetation on site is generally comprised of wheatgrass, ricegrass, juncgrass, serviceberry and big sagebrush, with wheat and an infestation of yellow toadflax, Common Burdock, Leafy Spurge and Musk Thistle due to the lack of stewardship of the land. PROPERTY ACCESS Access to the lots will be from a single existing access point on Colorado State Highway 6 & 24. Applicant states that the existing Colorado Department of Transportation Access Perrnit will have to be modified for increased usage. CDOT has received application to modify this Access Permit. Access to the lots will be accomplished by a 600' primary public roadway within a GO' R.O.W., running south from Colorado State Highway 6 & 24 UEC -01-1999 16:28 FROM:CITY OF RIFLE 1--970-625-6268 TO:970 945 7785 P.004'005 to the northern lots and ending in a cul de sac. Powerlinc Professional. Park will provide road maintenance andsnow removal. The public roadway will be located within a Tn- State Power easement, and more specifically between two Powcrlines running north and south across applicant's property. DRAINAGE Applicant states that the subdivision will utilize swales and/or storm drains for on-site stormwater management drainage and detention. Applicant further states that stormwater runoff from the site will be, in general, unconcentrated sheet flow on the proposed lots and runoff from the road way, which will be captured by roadside ditches. Runoff from the lots will flow in swales or storm drains located between the lots in drainage casements or road casements. Detention will be required on each individual lot and the amount of detention for each lot is calculated based on a 90 percent impervious area for the entire site. Grading around proposed buildings should provide positive drainage away from the buildings, and the finish floor elevation will be at least I foot above the established 100 year flood elevation. All drainage improvements proposed are designed to mitigate the adverse impacts on the site and adjoining properties. INFRASTRUCTURE Commercial individually augmented wells are proposed to supply non -potable water. An application has been made to the Division of Water Resources for a single well with augmentation from an approved West Divide Contract. Applicant states that an exploratory bore yielded necessary water quality and quantity data to ensure an adequate water supply for the subdivision exists. Reverse osmosis units are proposed. A driller's report states that with a well depth of eighty (80) feet, a static water level of 13 feet 9 inches, the draw down after four hours was 17 feet 4 inches with a pumping rate of 30 GPM, with pump type 1 HP20S. Yard hydrants are present on Lots 5 & 6 near the north property line and on Lot 7 on the east property line, Proposed utility easements run north/south alongside the Powerline Road and around the cul de sac in a counterclockwise direction. Public Service Company of Colorado will provide electric and gas service. U.S. West Communications will provide telephone service. A T & T Cable Services will provide cable. ROADS The access roadway will comply with the Garfield County roadway design standards as referenced in Section 9:00 of the Subdivision Resolution. SEWAGE DISPOSAL Sewage disposal from the lots will he accomplished by individual Sewage Disposal Systems (ISDS). The applicant states that all lots have adequate arca to meet State Health requirements for setbacks. 1 -IP Geotech percolation tests revealed that the soils and depth to groundwater will require mounded systems, The design and placement of the system will be engineered. As with previous commercial developments in this area, the City of Rifle Planning and Development staff has concerns that the actual businesses permitted for use on this property will have very low sewage requirements due to the high water table we understand exists in this arca. DEC -01--1.999 16:29 FROM:CITY OF RIFLE 1-970-625-6268 TO:970 945 7785 P.005/005 P(ITENTIAL RADIATION HAZARDS The applicant states that there is no known radiation hazard on site either from natural or man-made sources. A Uranium Mine Tailing Radiation Area (UMTRA) exists one- quarter mile to the west, south of Highway 6 and north of the river, The applicant states that the UMTRA site and its' associated underground contamination plume is moving west and does not currently or will not, due to topography, affect the proposed subdivision site. W. Recommendation: Based on the Comprehensive Plan, the Rifle Planning and Development Department has to recommend that Garfield County deny the request for Powerline Professional Park Preliminary Plan due to the fact that this development is considered strip development along Colorado Highway 6 & 24. Although the property is already zoned Commercial/General, this department feels that it would be in the hest interests of Garfield County, Silt and Rifle, to discourage commercial growth along Colorado State Highway 6 & 24 where water lines and sewer lines have not been extended. The City of Rifle does not expect to expand its water and sewer services to this arca as it is outside of the Comprehensive Plan boundary. DEC -n2-1999 09:52 FROM:CITY OF RIFLE • . 14-7 yef' rence 1-970-525-5269 TO:970 945 7795 P.002/003 r , d� iai�Kr f014.c_ ra C•PCOL CHAPTER S: WATERSHED DISTRICT 10.05.010 Intent of City Watershed District J There is established by the City of Rifle a Watershed District ("District"), The District is that area in which the City shall exercise its powers to maintain and protect City's waterworks from injury and the City's water supply from pollution. This District is created under the authority granted itl C.R.S. §31-15-707(1)(b), as amended, and Article XX of the Constitution of the State of Colorado, The District and these regulations are created only for the purpose of protecting the City's waterworks and water supply, and not for the purpose of regulating land use activities, which activities shall continue to be regulated by Garfield County, the federal government, and any other authority with jurisdiction over land use activities within the District. The City shall implement and enforce these regulations for the purpose of reviewing and permitting any activity within the District which creates a foreseeable risk of injury to the City's waterworks or pollution of the City's water supply. The City's review authority within the District shall be exercised concurrently with the authority of Garfield County or any other government entity to review and/or permit the same activity as the City may regulate; provided however, in the event no review, approval or permit requirement exists, the City's review authority shall occur prior to the commencement of any activity covered by this Chapter 10, (Ord_ 22.94 §1) 10.05.020 Jurisdiction and Map Theurisdiction f the District shall extend over the territory occupied by the City waterworks and all reservoirs, streams, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and ov .. ver re - • • . • • ; • .. ■ .11 water sources and drain a thereto lo five 5 miles above the points from whi is diverted for use by the City. The District Map, with all notations, references and other Tntormation shown thereon, is incorporated herein as part of this Chapter. The official District Map is located and can be reviewed in the office of the City Clerk, and copies thereof are available on request at a cost of $ 15.00 per copy. (Ord. 22-94 §1) 10.05-030 Definitions Whenever the following words or phrases are used in this Chapter 10.05, they shall have the following meaning: A. "Best management practices" (BMPs) means schedule(s) of activities, prohibitions of practices, maintenance procedures, management procedures, and other management and activity practices to prevent or reduce potential or actual injury to the City of Rifle waterworks or pollution of the City of Rifle water supply. BMPs also include treatment requirements, operating procedures and other practices to control runoff, erosion, drainage, sediment accumulation and similar events. B. "Excavate or Excavating" means the artificial movement of earth leaving any cut bank over three (3) feet in vertical height or a movement of material in excess of two hundred fifty (250) cubic yards. City of Rife Municipal Code TITLE 10 - WATER & SEWER Printed January 5, 1999 DEC -02-1999.05:5E FROM: CITY OF RIFLE 1-970-625-6268 s _ TO:970 945 7785 P.003/003 - e91vt pr.-el/LILA P1 (11... driving, mountain biking, and group parties. Portions of the area have been negatively impacted and are deteriorating, causing erosion, the degradation of wildlife habitats and an unsightly environment. The lands along east Highway 6/24 just outside of Rifle have been developed as roadside industrial_ In addition, Cottonwood Springs Village, a large mobile home complex, is just off Highway 6124 in the County. Scenic ranches and 35 -acre residential lots still exist around the City including the agricult•.ira! areas along CR 325, on Graham Mesa and along east Highway 6124 toward Silt. These Ranch lands provide much of the scenic character which makes Rifle and its surrounding area so attractive. District 8 Goal Work with the private landowners. Garfield County and others to build partnerships for agricultural preservation in the outlying areas around the City of Rifle. Future Land Use Policies and Actions • Minimize annexation in these outlying areas; annex only enclaves which are under growth pressure and are directly adjacent to the City limits of Rifle. (see Community Character/Growth Pattern Policies and Actions for more information, page 1.7) Work closely with the BLM to improve the natural resources and management of Hubbard Mesa, and determine how to most appropriately manage this area in the future. The City should consider the option of obtaining portions of the area as a city park. However, future management options should carefully be addressed and a clear understanding of potential management costs and responsibilities should be agreed upon. Once the appropriate management entity or entities is determined, a management plan should be developed and implemented. Work with ranchers, Garfield County administration and others to help retain as much agricultural use as possible around Rifle through voluntary and incentive based means. Retention of 35 acre or - eater iar+cels should be encouraged. Work with Garfield County to create a fringe area plan. Create an intergovernmental agreement with Garfield County to help ensure uses in most of the areas of influence remain rural. This will include working with Garfield County to revise the Resource Land Zone on the west side of Rifle to ensure that uses in this area remain compatible with goals, policies, and actions identified in this plan. Another example, of this is the development of a "major street plan" that designates land uses adjacent to road corridors. The intergovernmental agreement should also ensure residential development in this area are on lots 35 acres orereate Separated, non -urban developments, such as the Cottonwood Springs Village and roadside rural industrial and commercial development, should not be encouraged to grow or expand. Create intergovernmental agreement with Garfield County about appropriate growth of the airport and surrounding area. Ensure that growth within the proposed PUD extends logically. ills Comprehensive Plan May 1996 RECEIVED FEB 0 7 2000 MUM 11M1114$1111 capit l imam an a J •Y WESTERN SUPE DEVELOPMENT C'NP. Pe SU in IOU C• Slagmailimisexas Bina .ua Fit 1111.1715$25 o.rt1arn.6111s FAX COVER: DATE: ;el R' NUMBER OF PAGES (INCLUDING COVER :SHEET) FAX NUMBER: -__• — r ' TO- COMPANY: e c FROM:��. RE= DOCUMENTS SUBMITTED - IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CONTACT 876-5242 Transmitted: For Approval For Signature For Review and Comment s Requested For Your Information Please: Sign and Return Call Upon ReCeiptUReview c�-11 if any Questions CONFIDENTIALITY ITY NOTE The information contained in this facsimile may be privileged and confidential information lntd intended onlyfor the use of the individual or entity named above. If the reader of this messag inot the ten�• you are hereby notified that any disseminatioar, distribution or copy of this telec:opy is strictly prohibited. If you have received this telecopy in error, please notify us immediately by telephone and return the original message to us at the address above via the United States Postal Service. Thank you. TO 3EAld 538S9L8BL6 eZ:00 0082/LO/Z0 STATE OF COLOMDO DEPARTMENT OF TRANSPORTATION Region 3 Traffic Section 222 South 6th Street, Rm 100 Grand/unction. CO 81501 970-248-7234 office 970-248-7294 Fax February 4, 2000 To: Robert O. Kliein P.Q. Box 324 Silt, CO 81652 Dear Robert O. Kliein: C1 T Please review the attached State Highway Access Permit (Form #101) and all enclosed attachments. If you choose NOT to act on the permit, please return the perrnit unsigned. If you wish to APPEAL. the Terms and Conditions of the permit, please refer to the attached Form 101 pages 2 & 3 for an explanation of the appeal ,procedures. If you ACCEPT the permit and its Terms and Conditions, please sign and date the Access Permit form an the line marked "PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next line for the amount due. Colorado Department of Transportation $ 300.00 Make check or money order payable to Amount Bur, Return all copies and attachments of the Access Permit along with your payment back to the Colorado Department of Transportation at the address noted below. The Department will process and return to you a validated (signed and recorded) copy of your State Highway Access Permit. If you fail to sign and return the attached Access Permit within 60 days of the date of this transmittal letter, Colorado Department of Transportation will s`,onsider this permit Void. You must obtain a Notice to Proceed. DO NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department's validation shall be considered a violation of State Law_ If you have any questions, please call: P:like Smith at 970-248-7230 Return Access Permit and attachments to: Region 3 Traffic Section .22 South 6th Street, Rm 100 Grand Junction, CO 81501 The transmittal to you of the Access Permit form for your approval constitutes final action by the Colorado Department of Transportation pursuant to section 43-2-147 C. R. S., as amended. CD0T Form #122 11; 99 Zo 39ad adtiVt1t7t7VHtttltlZ1? SZ8S9L8oL6 0Z:00 000Z/LO/Z0 rCOLORADO DEPARTMENT OF TRANSPORTATION Date STATE HIGHWAY ACCESS PERMIT Permit fee 300.00 CDOT Permit hfo. 399164 State Highway No/AV/Side0061093.500.! of transmittal 02/04/2000 Region/Section/Patror 03/02/10 ocal Jurisdiction Garfield County The Permittee(s), Applicant, Robert 0. Klicin Robert O. Kliein P.O. Box 324 P.O. Box 324 Silt, CO 81652 Silt, CO 81652 970-876-5242 970-876-5242 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed. maintained anti used in accordance with this permit, including the State Highway Access Goode and any attachments, terms, Conditions and exhibits. This permit may be revoked by the Issuing authority if at any time the perrnitted access and Its use violate any parts of this permit. The issuing authority, the Department and their duty appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the pemiia - Location: On the north side of US highway 6, a distance of 2500 feet west from Milepost 94. Access to Provide Service to: Land Development Office.... _.... 10 ADT 20.00 % Watchousing 60,000 Sq pt 80.00 % Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. --------- MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retrains issuing authority. Brie By (x) Date Upon the signing of this permit the permittee agrees to the terms and Conditions and referenced attachments contained Herein. All Construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in ;accordance with the terms and conditions of the permit prior to Being used. The permittee shall notify Bryan Geick with the Colorado Department of Transportation in Rifle at 970-625-2286 at (east 48 hours prior to commencing construction within the State highway right-of-way. The person signing as the permittee mu a the owner or legal representat ve of the property served by the permitted access and have full authonty to Accept the permit . • t Its terms and dltlorrs. mlttt?e Date J {X} � This permit is not valid until signed by a duly authorized representative of the Department. COLORADO sEPARTMENT OF TRANSPORTATION - By }.- ©ate (of i sue) " 1 '4 d Ze't969 Title Access manager ' (x) 49ilf lst! .� +f `,..e Copy Q n: RequareQ 1.Reglon 2.APPlicent 3.Steff ACcees $ection make copies as fecessery Kir. Local, Authority In_spectar MTCI: Patrol Traffic Engineer Previous editions are obsolete and may not be used COOT Form 5101 8J98 E0 3Etld ti'Otititttitir lrinf gi7.8g9LBOLE, 04 00 000Z/L0/Z0 Y eF 2 og =. ■ p 'E j; WttAwad �i73-.� pl C p c2 E E i� r c N E82.8Epc 33Fc n r p 0 g_ F s-= j p 2 F e e c t;tom go c (fie+ x gp gai2T st4v --�� A owa m$41. $8 c i c5-17244 2 5 po g ma g-2= !M;Wa $s o m' S VN Yci€Pc.E=E roz ttlgS e 8_.yyp qp, ro 7 L m 5. m �g L as az i Mil118 1.11Z jx f g[t G A GSL r CT !-%;r1 E 8 y o g g E1 11 h.liH / 1:2 HIll �- yay A G s; ms ¢w "1";1! � L p � .V a GR p IYV Ol 5 t E m 5 GvEgf a Ela TPRroa oop 8 s $ R O m 3"450, 41 u fm 5a p p E m O 4 t: # c r a R m Qo em mfiv yV.Z❑5 A x Ea t m ro-4c1 -vE oral nnm,np .�mdm.Eo A me m E ■�`o nom. azoE lei a2-, a -3T �SIAiHq QQn VO 39Vd W O - 7}_ IBB �INn x2 n SZ p• m3 Wig,g i cm �a 6 �' ■N -t i ITER! • c• ro shy rga • 5'412.2 1pp� pt G S'-� fljjij p� E al :.:"a.WWC6 f '!c� iYelvz v 201 'AD ia CW n E 1 'C _NB E� flfl 0 Q E 8€ a n0o E0 • :. A 0 y* 7 co0 Pt . �x n F ■ - ▪ w 8 c vzl-e !Is ,6e3.vi8 4g6.5 tIVV V V v v ti yVr{VZV.' 2 g a • 1 m o gie r !ill! £ E g24• 5 01- 30 9 V m ? 2 8 m ▪ e v x vn 6 a .2g '1-20p "i 02§r5::;8 0 -�E w w n E m n _ ;81;;;;I w ;$t 8 . } 0 w a JP og1 o�T' Ii'�CE� N 8 ng qiriWq zaE- Ste" yu �G _ P J pS a- - A R n / p C i m t . 2 z E0 )12311...-E.06+� y C9 +j ' V C c n v c L Z y VttAatPcZ A_-0 --= 244-g2 SREY22,,c E1101-1414 � aniiK%gC � mmic��u E�__01-141�a • Q M • "Ea nm88 21 8!nm1 ,!wRisa8t ▪ o ct L'Nr0 gsgito w a a n E r 8 a?.'”, +gSA1 ".2g'2° A VLtA'a r4' ,Ge.0 f. v nvoR L U t w a s �p , N_00a 5:859L80L6 4.0 Pt s0$ 1 2 be%• c =Ism9B Stp• t Q m a FiE� V 3 0 0 .; 11 1"134?. rF o ; 1'� m `2.RF'3, C r G R a 42111 AM; 0Z:00 000Z/L0IZ. STATE HIGHWAY ACCESS PERMIT 1399164 February 4, 2000 Issued to Robert O. Klein TERMS AND CONDITIONS 1. If there are any questions regarding this permit, please contact Mike Smith at (970) 248-7231. 2. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right -of --way. All submittals, documents, plans and other items that must be completed, shall be submitted and approved before a Notice to Proceed will be issued. Contact the Department (or local issuing authority) for the Notice to Proceed. 3. The following items are required before a Notice to Proceed will be issued• (a) Construction Plans Stamped lay a Colorado Registered Professional Engineer. (ii) Certificate of Insurance Liability as per Section 2.3(11)(h) of the Access Code. (c) Traffic Control Plan 4. The Permittee shall refer to all additional standard requirements on the back of this permit and any enclosed additional terms, conditions, exhibits and noted attachments. 5. Upon completion of the access, the applicant sltatl notify the Access Manager by certified mail within 10 days at: Colorado Department of Transportation Mike Smith Region 3 Access Managsar 606 South 9th Street Grand Junction, Colorado 81501 6. This Permit is issued in accordance with, the State Highway Access Code (2 CCI. 601- I), and is based in part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated future conditions. 7. This permitted access is only for the use and purpose stated in the Application and Permit. 8_ Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 including but not limited to restricting left hared turns by construction of physical medial separations. 9. Water, sanitary, sewer, gas, electrical, comraunication, landscaping, and telephone installations will require individual additional permits. 10_ The Permittee is responsible for obtaining any necessary additional federal, state andlor Ciry/County permits or clearances required for construction of the access. Approval of this access permit dors not constitute verification of this action by the Permittee. 11. Any work within State Highway right-of-way ihaIl begin after 8:30 A.M. and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 12. No highway lane closures or one-way n-affic will be allowed. 13_ No work will be allowed at night, Saturdays. Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 14. It is the responsibility of the Perrnittee to prevc,nt ail livestock from entering the State Highway right-of-way at this access location. Any livestock that docs enter the highway right-of-way shall be the sole responsibility of the Permittee. 15. In the event the landscaping becomes unsightly or considered to be a traffic hazard. The Department may require that it be removed promptly by the Permittec and at no cost to the Department. 16. Landscaping shall not obstruct sight distance at any State Highway access point. 17. A fully executed complete copy of this perrni$ must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the department inspector or the issuing authority. 50 3.9Vd t�VdtsdtA Heidi/ Z,V 5Z859L80L6 C3Z:09 e00ZILO/Z8 STATE HIGHWAY ACCESS PERMIT #399164 February 4, 2000 Issued to Robert O. Klein TERMS ANIS CONDITIONS(cont'd) 18. Survey markers or monuments found in state l,aghway right-of-way must be preserved in their original positions. Notify the Department at (970) 248-7220 immediately upon damage to or discovery of any such markers or monuments at the work site- Any survey markers or monuments disturbed during the execution of this permit shall be repaired and/or replaced immediately at the expense of the Permittee. 19. It shall be the responsibility of the Permittee 1:0 verify the location of the existing utilities and notify all utility owners or operators of any work that night involve utilities within the State Highway right-of-way. Any work necessary to protect existing permitted utilities, such as an encasement will be the responsibility of the Perrnitree- Any damage or disruption to any utilities durir.g the construction shall be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department. 20. Any damage to any present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. 21. Areas of roadway andior right-of-way disturbed during this installation shall be restored to their original conditions, to insure proper strength, drainage and erosion control. 22. Any incomplete construction activity on the State Highway that must be left overnight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. 23. Open cuts, which are 6 inches in depth. within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays. 24. No more than 6 feet of trench areas shall be opened at any one time. Open trenches and other excavations within the State Highway right-of-way shall be backfilled andior paved. before 3:30 P.M. of each working day or be protected in accordance with the M.U.T.C.D. 25. The arca around the new work shall be well graded to drama, top soiled, fertilized, mulched and re -seeded in accordance with the Department standard speci:.cations. 26. When it is necessary to remove any highway : ight-of-way fence; the posts on either side of the access entrance shall be securely braced with approved end pcsts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All posts and wire removed shall be returned to the Department. 27. All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of the Occupational, Safety and Health Administration (OSHA), Cclorado Industrial Commission, Colorado Division of Mines or the Colorado Department of Transportation, whichever applies. 28. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 50 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. If curb and gutter are present; the slope shall be calculated from pan line to pan line. Any revisions to this requirement shall be subject to Department review and approval prior to commencement of any work within the highway right-of-way. 29. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 30. Pursuant to section 4.10.2 of the State Highway Access Code, the access roadway shall not exceed a rnaximurn grade of 10 percent within the highway right-of-way, as measured 50 feet beyond the pavement edge and extending to the right-of-way line. The acres i vertical grade shall be designed and constructed in conformance with the Department & S standard M-203-1. 31. The design of the horizontal and vertical sight distance shall be no less than the minimum requirements, as provided in section 4.9 of the State Highway Access Code, 2 CCR 601-1. 32. All required access improvements shall be installed prior to the herein -authorized use of this access. 33. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. -3- 90 3 t'd yt1t7Clt-,i. Hc;!? Si;899L8OL6 03:00 000ZtL0/3a STATE HIGHWAY ACCESS PERMIT #399164 February 4, 2000 Issued to Robert 0. Klein TERMS AND C©NDITIQNS(ccnt'd) 34. Lornpacnon of subgrade, embankments and backfill shall be in accordance to section 203,07 of the Department's standard specifications. 35. The surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. (Lc gravel if Gravel exists on current highway; Asphalt if asphalt exists on current highway.) 36. Slopes shall be ar a 6:1 ratio on the roadway and a 6:1 rano on the approach. 37. No drainage front this site shall enter onto the State Highway travel Lanes- The Pemaittee is required to detain all drainage in excess of historical flows and time of concentration on site. 38. Alt existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate ail new construction and safety standards, in accordance with the Department's standard specifications. L0 3Etld 4- dtidtlVVVVdl VV7.H 5Z8g9L8OL6 K:00 3O0 /LO/Z0 FEE -09-2000 0S:29 DIU WATER RESOURCES 303 865 3589 P.01/05 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of water Resources Department of Natural Resources 1 313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3381 FAX: 303) 366.3589 ntro://water.state.co.ustriefaulr.hrm FAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: TO: LeVf�_ OFFICE: FROM: L lrsf 64i Dwens Coreri or Greg E. Watcher Executive p;rector Hal D. Simpson, P.F.. State Engineer i'0 tI kAtv r TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: DATE: 2til20c20 IF YOU DO NOT RECEIVE ALL OF THE PAGES AS INDICATED OR QUALITY IS UNACCEPTABLE, PLEASE CALL US BACK AS SOON AS POSSIBLE, MESSAGE: f)cf, wet TELEPHONE: (303) 866-3581 FAX NUMBER: (303) 866-3589 1rc2 T ,I' In ! ,c ►' III' '• kIft h (A!V`e1)1 7 ff1r ir C fief ice f/ yQCAY STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 13.13 Sherman Street, Room 818 Denver, Colorado 80203 Phone: 13031866-3581 FAX: (303) 866-3589 http://water.state.co.uskleiault. him Jeff Laurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 February 8, 2000 "`rEcre. NII Owens. Governor Greg; E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Re: Powerline Professional Park, Subdivision Preliminary Plan Sec, 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed additional information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. The Water Supply Plan included a copy of a report by Zancanella and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 99809#2RK(a) and 990809#3RK(a) for one acre-foot of water each. The plan notes that the three wells will be shared by the lots, with up to three lots on one well. The report by Zancanella and Associates, Inc., indicates that total annual water requirement and depletions for the development will be 8.796 acre-feet and 1.796 acre-feet, respectively, and that a contract for a minimum of 2 acre-feet should be obtained from the District to cover the depletions. However, the District's substitute supply plan operates on the basis or diversions rather than depletions, such that contracts for a total of almost 9 acre-feet are necessary. In light of this, the applicant, Mr. Robert Klein, has submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Permit No. 52691-F was issued on October 21, 1999, and Permit Nos. 53267-F and 532E8 --F were issued on February 8, 1999, for the use of one acre-foot of water annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. However, we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for these wells. If these documents are not receive prior to October 21, 2000, for Permit No. 52691- F, and February 8, 2001, for Permit Nos. 53267-F and 53268-F, the well permits will expire and be of no effect. A letter from Collins Well Drilling and Pump Company indicates that a well drilled on the property produced an average of 30 gallons per minute over a four hour period on October 4, 1999. If the proposed wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, so long as the Jeff Laurien February 8, 2000 Powerline Professional Park applicant maintains valid well permits and limits the well water use to those uses permitted (drinking and sanitary purposes inside commercial businesses), and is physically adequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer KWK/CML/Powerline Professional Park iii.doc cc: Orlyn Be!,lDivision Engineer James Lemon, Water Commissioner, District 39 FEB -09-2000 08:29 DIU WATER RESOURCES 303 866 3589 P.02/05 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Streer, Rnom 816 Denver, Colorado M0203 Phone: (303) 666-3581 FAX: (303) 866-3589 hup://water.state.co.usidefault.hrn, Jeff Laurien Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 February 8, 2000 Kii I Owens Covmrior Greg E. Walcher Execuli,re Director HAI D. Sirnpson, P.t. Sok. Engineer Re. Powerline Professional Park, Subdivision Preliminary Plan Sec. 11, T6S, R93W, 6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed additional information (Water Supply Plan) regarding the above referenced proposal to subdivide a parcel of 29.5 acres into eight commercial parcels. The Water Supply Plan included a copy of a report by Zancanella and Associates, Inc., a copy of Well Permit No. 52691-F, copies of well permit applications for two additional wells, and copies of approved West Divide Water Conservancy District (the District) Water Allotment Contract/Lease Nos. 99809#2RK(a) and 990809#3RK(a) for one acre-foot of water each. The plan notes that the three wells will be shared by the lots, with up to three lots on one well. The report by Zancanella and Associates, Inc., indicates that total annual water requirement and depletions for the development will be 8.796 acre-feet and 1.796 acre-feet, respectively, and that a contract for a minimum of 2 acre-feet should be obtained from the District to cover the depletions. However, the District's substitute supply plan operates on the basis or diversions rather than depletions, such that contracts for a total of almost 9 acre-feet are necessary. In light of this, the applicant, Mr. Robert Klein, has submitted a revision letter dated February 8, 2000, which limits the annual diversions to 1/3 of an acre-feet per lot, for a total of 2 and 2/3 of an acre-foot annually. Permit No. 52691-F was issued on October 21, 1999, and Permit Nos. 53267-F and 53268-F were issued on February 8, 1999, for the use of one acre-foot of water annually each for drinking and sanitary purposes inside commercial businesses, conditioned on inclusion in the Districts substitute supply plan as demonstrated by the approved leases. However, we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for these wells. If these documents are not receive prior to October 21, 2000, for Permit No, 52691- F, and February 8, 2001, for Permit Nos. 53267-F and 53268-F, the well permits will expire and be of no effect. A letter from Collins Well Drilling and Pump Company indicates that a well drilled on the property produced an average of 30gallons per minute over a four hour period on October 4, 1999. if the proposed wells have similar production rates the water supply should be physically adequate. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, so long as the FED -09-2000 ®3:30 DIU WATER RESOURCES 303 866 3589 P.03/05 Jeff Laurien February 8, 2000 Powerline Professional Park applicant maintains valid well permits and limits the well water use to those uses permitted (drinking and sanitary purposes inside commercial businesses), and is physically adequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, ,12..E7. /7" Kenneth W. Knox Assistant State Engineer KWK/CMVPowerline Professional Park iii.doc cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner, District 39 fr,b -- By XPIRATION DATi - � .) rEE-09-2800 08:30 DIU WATER RESOURCES Form ND. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Csntenniat bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866.3581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 PERMIT TO CONSTRUCT A WELL 303 866 3589 F.04/05 634 WELL. PERMIT NUMBER 053267 _ F DIV. 5 WD 39 DES. BASIN MD Lot: Block: Filing; Subdiv: PQWERLINE PROFESSIONAL PARK APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 1524 Ft. from South Section Line 1913 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 } This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WDWCD contract #9908092RK(a). 4) The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The rnaximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. sJ This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit. 9) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Slope Development. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) ,t T$ ,J APPROVED JD2 State Engineer:— Receipt ngineer'Receipt No, 0455504A DATE ISSUED FEB 0 8 2000 FEF --09-2000 08 30 D I U WATER RESOURCES Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 313 Centennial Bldg., 1313 Sherman St„ Denver, Colorado EO203 (303) 966.3581 ROBERT 0 KLEIN BOX 1198 RIFLE, CO 81650- (970) 876-5242 PERMIT TO CONSTRUCT A WELL 303 866 3589 P.05/05 634 WELL PERMIT NUMBER 053268 . F DIV. 5 WG 39 DES, BASIN MD Lot: Block; Filing: $ubdiv; POWERLINE PROFESSIONAL PARK APPROVED WELL LOCkTION GARFIELD COUNTY NE 1/4 SW 1/4 Section 11 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 2130 Ft. from South Section Line 1905 Ft. from West Section Line 5 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granters by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well. appropriating ground water tributary to the Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon. on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. WOWCD contract e9908093RK(a). 4) The use of ground water from this well is limited to drinking and sanitary purposes inside commercial businesses. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The average annual amount of ground water to be appropriated shall not exceed one (1) acre-foot (325,850 gallons). 7) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) This well shall be constructed at least 600 feet from any existing well that is not owned by the applicant and not more than 200 feet from the location specified on this permit, 9) A totalizing flow meter must be installed on this well and maintained in good working order, Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 10) This permit has been approved with an annual diversion amount not to exceed 1 acre-foot as specified in the West Divide Water Conservancy District water allotment contract. Additionally the well location has been amended pursuant to the letter dated January 24, 2000 from Western Slope Development. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (80) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) 2 - rr acro-) APPROVED JD2 ,,Receipt No. 04555046 State Engineer DATE ISSUED FEB U b 200U By EXPIRATION DAT L b U . . L:iv TOTAL P.05 FUMBLE TYIMSIIIIIMI CtllllPWII 11111113 IlOE Ir WESTERN SLOPE DEVELOPMENT CORR PO WI 1191, WM 0011650 Sic@easimaga.con dict: 910.876.5242 Fax: 919.518.5825 0111: 919.379.8886 FAX COVER: DATE: -2- .49tf2 NUMBER OF PAGES (INCLUoiNG COVER SHEET) FAX NUMBER: 5 TO: -3 E L. FROM: RE: DOCUMENTS SUBMITTED: COMPANY: Com( cp IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CONTACT 876-5242 Transmitted: Please: For ApprovalSign and Return F ' nature Call on Receipt/Review or Review and Comment - all if any Questions For As Requested For Your Information QOAI =i. iALITY NOTE The information contained in this facsimile mar be privileged and confidential information intended only for the use of the individual or entity named abovar. If the reader of this message IS not the intended Recipient, you are hereby notified that any dissemination. distribution or copy of this telecopy is strictly prohibited. if you have received this telecopy in error, please notify us immediately by telephone and return the original message to us at the address above via the United States Postai Service. Thank you. 10 3MIcl k1t7VdtititiCitlkitit7V 5Z8S9L80L6 ZU00 0003/60/20 'WESTER SUPE DEVELOPMENT 1 501 7* St. a 321, Silt CO 81652 e aloes i Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 RE: Powerline Professional Project Dear Mr. Lourien, February 9, 2000 Enclosed you will find a copy of the letter dated 2/9/99 detailing the commitment of Cottonwood Springs and our subdivision for wastewater service. A revised letter supporting our decision to consolidate wastewater service from Bill McKee of the CDPHE is forthcoming. If you have any questions or comments please contact me. 30 39tid VVVVtJtitltiVVVVZV 53859L80L6 3L :00 0003/60/30 2-09-2130e 1 2:49AM FROM JOHN R_ SCHENK. P_ C_ 97® 94S 4767 P. 6 COTTONWOOD SPRINGS LLC 27653 HIGHWAY 6 & 24 RIFE E, COLORADO 81654 TELE?HONE: (970) 625-2069 BUSINESS OFFICE and MAILING ADDRI St: 3f12 kIGlrrl3 STREM, :SLATE 310 GLENWOOD SPRINGS, CO 81601 TELEPt1ON£ (970)945-244" TELECOPIER7 (970) 9454767 February 9, 2000 Mark Bean Garfield County Planning Department 109 Eighth Street Glenwood Springs. CO 81601 HA/NW DELIVERED Re: Powerline Professional Park/Cottonwood Springs MHP Dear Mr. Bean: Cottonwood Springs LLC and Western Slope Development Corp. have reached an agreement in principle for the connection of the Powerlinc Professional Park (PPP) to the private. wastewater system now operated by Cottonwood Springs (CWS) pursuant to CPUES Permit No. COG -581000. Subject to written approval by the Colorado of Department of Health providing a waiver of the CWS permit discharge limitations imposed by applicable regulations allowing the reserve capacity in the Cottonwood Springssystem to be used without commencing engineering or financial planning for expansion and written approval by the Colorado of Department of Health for the inclusion of PPP into service plan end wastewater discharge permit of CWS, CWS can and will provide wastewater treatment services for PPP at the level identified below. Based on our informal conversations with officials representing the Colorado Department of Health, we believe these conditions will be accomplished. This commitment to serve will be described in a comprehensive recordable agreement running with the PPP lands in favor of CWS binding on all future owners of lots in PPP and generally modeled on the recent agreements reached by the Ranch at Roaring Fork Home Owners Association, Inc. CWS would make available 24 EQR to PPP or a total flow rate of 7,200 gallons per day. The total EQR allotment would be managed by a new PPP owner's association. This approval is a site-specific proposal and does not imply that CWS is interested or capable of serving any other property at this time. CWS will convey its wastewater treatment systenm to a separate entity and will seek a subdivision approval frrorn Garfield County in order separate the current wastewater treatment site from the existing park. Such an approval will not be condition to the availability of this service, but is merely identified ss a longer-term objective o ie arrange JRS/c1h cc Tom Triplat CWS Members ar.•,...w -.- • w F.@ 39 d V'C1C7'7Cit3't7V1VGVZ SZeS9L80L6 Zi=88 0007,/60/Z0 POWERLINE PROFESSIONAL PARK SUBDIVISION PRELIMINARY PLAN STAFF REPORT SUPPLEMENT FEBRUARY 9, 2000 Given that critical new information regarding water supply and sewage disposal were submitted by the applicant and pertinent State agencies today, only hours before the scheduled public hearing, it is necessary to include this Staff Report Supplement to attempt to clarify the issues at hand. As in the Staff Report prepared for this hearing and circulated to Planning Commission members and the applicant last week, there are three (3) major issues facing this application. These issues are discussed below with regard to the most up to date information available from the applicant and pertinent State agencies. WATER SUPPLY: A fax was received today, (February 9, 2000) from the Division of Water Resources. This inforrnation is submitted as Exhibit "O". This letter states, "Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(1), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well pernuts and limits the well water use to those uses permitted (drinking and sanitary purposes inside commercial businesses), and is physically adequate." (Bold and Italics added for emphasis). This letter further states. "...we have not received a Well Completion Report, Pump Installation Report, or Statement of Beneficial Use for these wells. If these documents are not received prior to October 21, 2000, for Permit No. 52691-F, and February 8, 2001, for Permit Nos. 53267-F and 53268-F, the well permits will expire and be of no effect." This issue must be resolved for Final Plat approval. Given the comments received in this most recent letter from the Division of Water Resources, the applicant has satisfied Section 4:91 (A) of the Garfield County Subdivision Regulations, however, all recommendations included in said letter must be complied with by the applicant for any approval of this application. WASTE DISPOSAL: The Planning Department received a fax today (February 9, 2000) from the applicant regarding waste disposal including a letter from John R. Schenk, of the Cotton Wood Springs, LLC (Mobile Home Park) (see Exhibit "P"). This information reports on an "agreement in principle" with Cottonwood Springs, LLC for waste disposal as outlined in the letter. This is entirely new information from the applicant, although continents received from the Department of Health recommended reviewing such a possibility and the applicant submitted information regarding this possibility, the applicant has until today, been proposing individual sewage disposal systems for all of the eight (8) proposed lots. Thus, this proposal to connect to an existing sewer system is entirely new and staff had very little time to review this information. Further, the Department of Health has not had an opportunity to review this new information and thus, we are still not in receipt of a favorable letter from that Department. Although, the Department of Health recommended that the applicant look into this possibility it does not ensure that such a proposal would be accepted by the Department of Health. Thus, until the Department of Health has had an opportunity to review this new proposal and a favorable response has been received regarding this new information the current letter from the Department of Health still stands. This current letter is not a favorable letter and a recommendation of approval cannot be rendered based on Colorado Revised Statutes Section 30-28-136(g) which states "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." Emphasis added. Further, now that the applicant has decided to proceed with connection to an existing sewer system, Section 4:92 (C)of the Subdivision Regulations becomes pertinent. This Section states: If public or private sewage treatment facilities are to be provided by an existing district or through the connection to an existing sewer system, evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: I. Letter from an authorized representative of the facility or system stating that the proposed development can and will be served; 2. Nature of the legal entity which will own and operate the sewage treatment works; and 3. Proposed method offinancing the sewage treatment works. Although this letter may appear to be a can and will serve letter there exists some serious doubts as to whether the system can actually serve the proposed development. The first paragraph of this letter is very important and must be read in detail (see letter). Given what this says, a significant assumption is being made with regard to these conditions being approved by the Department of Health. Again, the Department of Health has not had an opportunity to review this new information and even this letter concedes that approval must be gained from the Department of Health. Thus, it appears that Cottonwood Springs cannot say without a doubt that they can serve this development proposal. Whether they can serve, can only be determined by the Department of Health. 3. No proposed method of financing the sewage treatment works has been submitted by the applicant. Given that the applicant expressed concerns over the increased costs of sewage treatment beyond the use of ISDSs, there is a concern as to how this proposal will be financed. Thus, the applicant has not complied with Section 4:92 C of the Garfield County Subdivision Regulations. ROADS: This past Monday, February 7, 2000, the Planning Department received a fax from the applicant with regard to access to the proposed development (see exhibit "M"). This information included a State Highway Access Permit to the subject property. However, it must be clearly noted that this permit is only for a Land Development Office producing 10 ADTs and Warehousing in the amount of 60,000 square feet. Further, conditions 6 and 7, which have been agreed upon by the applicant by them signing the permit state, " (6) This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operational aspects may render this permit void, requiring a new permit to be applied for based upon existing and anticipated conditions. (7) This permitted access is only for the use and purpose stated in the Application and Permit." Given that this permit is only for a Land Development Office and 60,000 square feet of warehousing, this permit does not address the submitted and proposed application before us tonight. It only addresses what would be found on approximately one (1) lot of this proposal. This proposal is for a total of eight (8) lots. Section 4:60 (C) states, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado state law." This permit does not constitute this evidence as required. Thus, the applicant has not complied with Section 4:60 (C) of the Subdivision Regulations. FIRE PROTECTIQN; It is also important to note that the applicant has not submitted adequate information regarding fire protection as outlined in the original staff report for this hearing (p. 15). Information as outlined in the original staff report must be submitted, reviewed, and approved by the Planning Department and the Rifle Fire Protection District prior to any approval of the Preliminary Plan by the Board of County Commissioners. RECOMMENDATION: Staff recommends DENIAL of the proposed subdivision of land based on the following: 1. Colorado Revised Statute 30-28-136(g) states, "No plan shall receive the approval of the board of county commissioners unless the department of health to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal." The department of health (department of Public Health and Environment) has submitted a letter dated November 22, 1999, which is not favorable as discussed in this report. 2. Section 4:92 (C), of the Subdivision Regulations requires "evidence that the treatment facility or system can and will provide adequate sewage treatment for the proposed subdivision. In addition: 1. Letter from an authorized representative of the facility or system that the proposed development can and will be served; 3. Proposed method of financing the sewage treatment works. The applicant has not complied with this regulation. 3. Section 4:60 (C), of the Garfield County Subdivision Regulations, requires, "Evidence that all lots and parcels created will have access to a public right-of- way, as required by state law." The applicant has failed to meet this requirement as discussed in this report. 01/26/2000 05:42 9708765825 A2AAAAAAAAAAAA PAGE 05 WESTER SLOPE DEVELOPMENT R,L,° l ik rI 50111.711i St. 8 324, Silt CO 81652 Garfield County Attn.: Jeff Lourien 109 8th St. Ste 303 Glenwood Springs, CO 81601 REGEWEDJO2€20'4 RE: Powerline Professional Project Dear Mr. Lourien, Janiiary 26, 2000 In response to staffs concerns over the legal ability of the proposed use of engineered ISDS and as requested from the Colorado Department of Public Healib to examine other wastewater disposal options, it has been determined that there are three alternatives for sewage disposal: Connect with the Cottonwood Springs MHP Create a new central disposal system Use ISDS Option l: Connect with the Cottonwood Springs T Connection with the Cottonwood system could be a feasible alternative, however, the system operators have concerns regarding the potential for non-domestic waste to enter the Cottonwood system and limitations caused by regulations affecting th! reserve capacity of the system as designed and built The operators' concerns can be mitigated through the use of a storage flow equalization tank with a monitoring system utilizing a dissolved oxygen monitor, While this method is not designed to stop the entry of non-domestic material into the systema, it can determine the type of material and amount which will allow for corrective actions to occur. The system is currently operating at approximately 70 percent of it's total capacity, leaving a reserve capacity of 30 percent. The proposed discharge is anticipated to be three EQR per lot with a total of 24 EQR or 8,400 gpd. The existing capacity can accept this amount. Under current zoning, a wide range of uses are permissive. The EQR requirements for discharge may vary by use. If the requirements exceed that of the central plant, the system will require modification prior to acceptance of the use. Any modification will be the responsibility of the property owner with the approval of the Business Owners Association. 01/25/2000 05:42 9708765825 2AAAAAAAAAAAA PAGE 06 As indicated in the letter dated 1/20/00 from John Schenk, connection charges would be similar to those charged by the City of Rifle. Sewer system improvement fees in Rifle are determined based on water supply connection and range from $1,482 for a 3/4" tap to $9,718 for a 6„ tap. Sewer lime extension is estimated to require 2,000 feet of line to stub each lot at an estimated cost of $129,800. The monitoring system and storage flow equalization tank costs can vary depending on the location, size and monitoring requirements. This cost is estimated to be $25,000. Total costs for connection are estimated to range from $170,000 to $240,000. Option 2 Central Wastewate5ystern Placement of a central system is the least feasible option available. The system could either be a small package plant or an aerated lagoon system. State and County approval would be required for the site selection and construction. Given the proximity to Cottonwood Springs MHP facility, it is unlikely that such approval would be given. Cost estimates are $300,000 for the areated lagood system and 5350,000 for the mechanical plant Option 3. Use Individual Sewaee Disposal $.vsterns Traditional septic systems utilizing a septic tank leach field can. be engineered and properly placed on all lots_ The cost for each system, is estimated to vary from $5,000 to $12,000. Given the large size of the proposed lots, the location and design of each individual system will be determined by on -lot constraints. In the Geologic Study performed by HP Geotech (No. 199 661), it was determined that additional testing could be conducted on the individual lots to inform system design and placement. Small batch plants on each lot could be utilized to mitigate en-lor constraints. The Cromaglass system was analyzed and found to be a reasonable cost alternative. The units range in size from. 1,500 to 1 million gpd treatment capacity. The estimated cost for a 1,500 gpd plant is $10,000, with permitting fees as may be required by the State. Both septic and mechanical systems would be limited to 2,000 gpd and would restrict many of the permissive uses in the zone district. Based on the concerns detailed in the staff report regarding the interpretation of the letter received. from the Colorado Department of Public Health and Environment, we explored these options. The contents of this letter should prove to be adequate to address these issues. Staff can now find that the recommendations of the State have been satisfactorily met and therefore the recommendation of denial is no longer valid as the letter can be considered favorable. In regards to other waste issues, the staff report states " Any and all liquid waste other than domestic, must be disposed of as required by all pertinent laws and regulations.'" To clarify this issue the non- domestic waste is regulated by the following federal authorities: OSHA On -Site Storage EPA Off- Site Disposal DOT Transportation of waste 01/26/2000 05:42 9706765825 A2AAAAAAAAAAAA PAGE 07 Each tenant or occupant that is a generator of regulated waste will be required to develop disposal pians with the EPA. Common wastes will be stored in vaults and disposed of by qualified companies specializing in waste disposal. Included with this letter is all of the information and correspondence obtained in this research. The following summary details each item. Page 1: Letter Dated 11/22/99 from Bill McKee, CDPHE We believe this letter to be favorable with recommendations that have been complied with. Page 2: Letter Dated 1/13/99 from John Barbee, WSD This correspondence is to our attorney, detailing the conversation with Mr. McKee when he informed me he would be meeting with sic; We had hoped to be involved with the meeting but it was not possible. A meeting was held withMT Bean, and at our request, the application and above referenced letter was discussed Page 3: Letter Dated 1/17/99 from Don DeFord, CARCO The County position an the interpretation of the Ietter which we believe has not changed following the meeting with Mr. McKee. Page 4: Letter Dated 1/10/99 from John Schenk The letter indicates that the use of ISDS will not impact Cottonwoods adjoining wells. Page 5: Letter Dated 1/20/00 from John Schenk In response to a request forfurther clarification and information. We also intend to meet with Mr. Schenk in early February to discuss various scenarios. Page 6: Water Requirements Table Page 7: Sewer Extension Estimate Page 8: City of Rifle Water System Improvement Fee Table Pages 9-12: Cromaglass Wastewater Treatment System Information Please distribute this letter to Planning Commission with your staff report. If you have any questions concerning this, or any other aspect of the application, please feel free to contact me. cc: David Sandavol, flalcomb & Green Robert Klein, WSD Bill McKee, CDPIiE 01/26/2000 05:42 9708765825 i,2AAALIAAAAAAAA PAGE 08 STATE OF COLORADO airs t30,me, Coverno Saab E. Nom. txecjttve Gireaoc Oed•sated O ,pietecrinr and amp Ovirg :he health and wn curtnri,c of me people o+ Coioredo 4300 Cherry Creek De. S. Laooratocy and RadiaGnn Ser .' D;.rision dAver, Cala;a do 110246-1570 0108 Lcry V Bird. Phone [343) 692-2000 Oet ver CO 80230 6918 Located 11% Glendale, Cotomia 13D3i 592.3099 hCCONJ +w.Cdpktsrne.m.ut November 22, 1999 Mark Bean, Director Garfield County Naming Department 109 8` Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Subdivision Preliminary Plan for Powertine Profe.;sionai Park Dear Mark: Coloudo Corparmient of Public Health and Environment We have reviewed this proposal for 8 commercial lots along Highway 6&24, just east of the Cottonwood Springs Mobile Home Park. We have tits spoken to John Barbie of West Slops Development about wastewater treatment issues for this proposed business park. Similar to our October 27, 1999 letter on the [nearby Rifle Commercial Coiter, we recommend that the County request further evaluatiot. by the applicant of possible wastewater treatment swiss from the Cottonwood Sprigs MHP facility. It appears that the City of Rifle will not consider accepting wastewater from eiitites outside thc City and the cost of a sewer line, lift station and force main to connect with Ri#lc would be .substantial. We noted in the Powerline Park analysis that percolation tests performed for the intended ISIS for each tot, revealed that soils and depth to groundwater are such tiat mounded systems would need to be engineered. That is one reason why connection to a wastewater treatment facility may be a better, long-term alternative. We suggest that Garfield County request the applicant to examine other wastewater disposal options besides LSDS for each lot. Please contact me i[you have any questions at (303) 492- 3=83 or email at bill.mcce,@state.cp.u.s. Thank You. S inc ercly, 41)L William A. McKee Upper Colorado Watershed Coordinator Water Quality Con roi Division cc'John Barbie - West Slope Development John Schenk, Manager - Cottonwood Springs MHP Patricia Hopkins - Planning Director, City of Rifts Dwain Watson - Water/WastewaterTechnical Services, WQCD f 18 3Jssd 90/10 3510d Z GCiltril 'CWCyV ;b non-, 5Z,B59L8BL6 n nernnnnnnnnn 6T:Z% 666t/90/Z1 01/26/2000 05:42 9708765825 A2AAAAAAAAAAAA PAGE 09 WESTER SLOPE DEVELOPMENT 511 ILIth SL 324, NI CO 81652. 01.111 0447 IMONIMMUMMI Balcomb & Green, P.C. Attn: David Sandoval 818 Colorado Ave_ Glenwood Springs, CO 81601 VIA Hand Delivery RE: Eight Lot Subdivision Dear Mr. Sandoval, January 13, 2000 The County has taken the position that the letter dated 10/22/99 from the Department of Health is adverse and therefore the application does not meet the requirements of CRS 30- 28-136(g). In conversation with William McKee this morning, he indicated that he neither recommends for or against the usage of ISDS for the project and he has only recommended that we investigate the usage of alternate disposal systems as listed in his letter. Mr. McKee stated that the County is the approving authority for the usage of ISDS and that the State has no authority or position in this approval process. It is our Belief that we have meet the County requirements for the utilization of ISDS and have examined all alternatives as indicated in the letter from Mr. McKee dated 10/22/99 for this eight lot subdivision. Please look into this matter and advise both the Statb, William McKee and Jane Norton, and County, Mark Bean, Don 13eford and Ed Green of our interpretation of the statute and request a resolution to the conflicting interpretations which are delaying the County review process. Mr. McKee will be in Glenwood Springs on 1/17/00 to resolve this and similar issues with the County. I think it advisable that you request our representation at the meeting. Enclosed is the Staff Report you requested in our conversation today. Thank Yo John Bar 2 81/26/2000 05:42 9708765825 42A AAAAAAAAA _ • •....+pML✓Ll� a urr ze.n rt; ID;570S45830/ PAvE 10 PAGE 3/J Garfield County COUNTY ATTORNEY'S OFFICE 109 ito street, S Cawood Swim, CO I Tdea MO) 9445-9150 Fa= (97U) 945-7185 January 17, 2000 David sandrnral, Esq. BALCOMB & GREEN, P.C. P. 0. Sox 790 Glenwood Springs, CO 81602 Re; Powerline Park PM Dear Mr. Sandoval: 1 am in receipt of your letter of January 17, 2000 concerning he above -referenced subdivision. Please be advised that I will not attend a meeting with William A. McYee on Tuesday, January 0, 2000_ while I am aware that a meeting ray occur between Mr_ McKee and certain staff members of Garfie:td County, I have not b4en invited to that meeting, nor da 1 intend to attend. Further, I believe it is the responsibility of the applicant, your client, to obtain the required review of the State Department,of Public Realth. As you note in your correspondence, state ane clearly provides that the applicant must obtain a "favoralle recommendation " in regard to the proposed method of sewage treatment for a subdivision. It is clear that it is the applicant's reaponsibility to obtain such a recommendation, lot that of Garfield County. I would suggest that you deal directly with Mr. McKee to obtain the necessary comments regarding Powerline PUD and the method of sewage treatment proposed for that If you have any questions, please contact me at your convenience. subdivis ion . Sincere' DO K. rM PORD Garfield County tto DKD: sis 3 01/26/2000 05:42 '3708765825 ra2AAAAAAAAAAAA PAGE 11 ..00.41e-s0wW a I = ne mecum . wAL,Lumu 2k l:KELN rc: I o: 97@9459602 PAGE 2/3 SCS KARST & deW C`TLR, LLP A PA4TT RSHIP OF PPO SFONA L C CRPO A"I lONS ATTORNEYS AT LAW ;OW R SCkug'<c OAX ICIERST W LLUAM J. dewtNTER, iIS CA.ROLYN M. S R LTh{AN David Sandoval Balcomb & Green, P.C. P.D. Drawer 790 Glenwood Springs, CO 81602 302 E Gh"r9 STREET, SLIM 310 GLENWOOD SPRE.'OS, COLOR , XJ 1160: Trx o: : (910) 945-2147 TE,LECOPISR (970) 945-4 r67 January 10, 200') Re: Powerline Professional Park / Cottonwood Springs MHP Dear David: This letter follows our client's review of the Preliminary Plan Proposal for Powerline Professional Park. This proposal is acceptable to Cottonwood Springs premised on the representation that the proposed protective covenants wilt remain essentially intact ►intil a majority of the lots are sold to third parties. So long as screening, landscaping and other appearance standards imposed by the covenants are uniformly enforced, we bel:teve this approach to development will be beneficial to the neighbors. The only concern is on setbacks. Apparently the building setback rules of the CIG zone district would not be altered by these cove cants. As you know, the setback for a rear yard in a nonresidential use in this district is only 7.5 feet. We would hope that the buildings along the open space park area maintained by Cottonwood Spr rigs could be a bit further back. Your client should also note that notwithstanding the well depictions on the monitoring well plan, Cottonwood Springs is the owner of two adjudiccattec' wells along its eastern boundary. A copy of the most recent riding and decree of the court for thes•, wells is enclosed. K Well No. 2 is also identified under state permit #27075 (not 27037) and K Well No. 3 is also identified under state permit 427076, Any future wells drilled on the Powerline Professional Park lands would obviously be subject to prior adji idicated rights of these wells, As mentioned in our telephone conversation last week, Cottonwood Spring LLC has no objection to the use of ISDS systems on the Powerline Professional Park property- Cottonwood Springs utilizes a reverse osmosis system for its water treatment and perceives no risk from the use of individual wastewater treatment systems. IRS cc: Torn Triplat 4 01/2612000 05:42 9708765825 .. �= sr.-•'' rt<um:ts FILLyMing 1S uMEEN PC JOOEN SLI/EIsc 1,4N KARST U U U 1. cxwtarTEto C AROLYN-M. si>At NAK H.' AAAAAAAAAAA 10,9709458902 SCRENK, ICERST & 9R' I SI ,ULF A NurricrasiaP (aF litCFESS1ONAL CORl;C9AT1OH A7IYYs AT LAO' David Sandoval Balcomb & Green, P,C. P.O. drawer 790 Glenwood Springs, CO $1602 34i exams snurr, Mit 3 to 1311349/COD3SPENOS,COLORtDO t1664 TIELEMINE YEW 545.2441 TI:i 9tie767 January 20, 2000 Also via facsimile to: 945,8902 Re: Powerline Professional Park/Cottonwood Springs MHP Dear David: PAGE 12 PACE 3/3 This letter responds to your letter of January 19, 2000, t would bc available on the afternoons of January 25 tbmugh 27 and February 2 through 4. It woval bc important that Tom Tr iplat, the on- site manager of Catronwood Springs and the wastewater treatment supervisor for the system, be present as well. Do you =template an on-site visit? With respect to the financial aspects of a connection to Cottonwood Springs, it may be a armed that the cost of such a connection would be generally consistent with that charged by the City of Rifle. As mentioned previously, the major factors of concern are: • An effective method of preventing roc materials from bong introduced into the Cottonwood Springs system by commercial users. • The limitation caused by applicable moons affecting the reserve capacity in the Cottonwood Sim system as designed and . t_ IRS/01h cc_ Torn Triplat (via fax) v JO NOTICE - CON This communication is confidential and ig bttendied retSpaer!1. you are hereby notified that any contained in this communication is strtct?y potti te�iorle us collect and runt the origin.* Eta oorntourtcaA to oJr adder by tie U.S Postal JServiGe'. Thank you. TION rnetl above, if you are MCA "Se intended copying or other use et the infom n teed this communion In error. please tilted. a�cw.rr.r.,m 5 01/26/2000 05:42 9708765825 42AAAAAAAAAAAA PAGE 13 FUieLL_ 13 35. T f 0 000000 000000 8 g 8 8 0 0 o 0 0 0000 0 0 C. 0 0 0090 0 3 00 p 0 9PPPP P P Pomo sss sg s m cc 06996 .1 0 0 op 0 0 0 0 0 0 o 0 o m, 62 000 — AO 0 IV' 8 8 8 0 0 0o 0o90000000 60600 0 6 6 6 0 b o o o 00000 8 8 8 g 8 8 8 pno n0 0 p gg0600006-000 0000=00000 000000000000 n 0 0 0 0 0 0 9 0 0 00 f. gg 0 009 Ia. Ja PN) 000 m, 0 E o .= 0 0 n a 0 0 0 0 0 Cl 060006666 0 0 0 8 8 8 8 8 8 8 8 8 8 8 8 000009 0 0 o o 6-,b Tss...15 00 0 0 0 5 9 0 0 0 0 0 0 0 0 0 8 8 0 0 P PPPP0 09999 sg6..000 ,005R 0 00 0000 0 § g 0 000006000000 § 0ba00o0 0 00 o 0 0 o 0 in 0 o 0 0 0 0 o 0 0 8 c= PP0ppooa p [ 0 Er 0 0,13 CO 1,0, NI Fs] § 5 =I .1 0 0 0 0 0 et, CD .43 a S a 9 5 Li a ..... X *' ?, 71; ; Z g. F a 3 a 9 0 F g 3 6 suolleinzieo asn aeleAA Power Lice Commercial Center Estimated Water Requirements 01/26/2000 05:42 9708765825 A2A AAAAAraraAaw JAN -04-0C TUE 01:17 PM HIGH COUNTRY ENGINEERING FAX NO, 970 945 2555 PAGE 14 P. 02 IA , P I'a SUMMARY OF PROBABLE CONSTRUCTION COST FOR SEWER EXTENSION BASE/] ON ESTIMATED 2000' LENGTH January 4, 1999 ITEM 13CE J013 NO: 99055.01 fiat: kAgorolitorthAmtmcositut.o, UNIT ..,....��� QUANTITY COST CUNT Sanitary Sewer Mobil iration Earthwork 8" SDR -35 Sewer Pipe 4' J)ianielet Manhole Encasement Connections to Inlet and Outlet 10 % Contingency 1 L.S. 5,000.00 1 L.S. 10,000.00 2000 L.F. 33.00 8 1;. A. 4,00040 1 L.S. 1,000.00 1 I.S. 4 000.00 SUB TOTAI, 5,000.00 10,000.110 0.000.00 32,000.00 1,000.00 4.000.00 $118,000.00 $11.800.00 • TOTAL $129,800.00 This summary of probable construction cast war prepared for estimating purposes Drily, High Country Engineering, inc. cannot he held responsible for variances from this estimate as actual costs may vary due w bid and market fluctuations. 7 01/26/2000 05:42 970876555 SAN -26-2000 12:27 FROM:CITY OF RIFLE W'AAAAl AAAAAAA 1-970-625-6250 TO19708765025 PAGE 15 P.001'001 Commercial/Industrial Water System improvement Fees (in City) (Based on Ordinance 5-99 Eff ntive April 1, 1999) "Tap" Size Water Syst, Impr. Fee Sewer System Impr. Fee 314" M1541,i $ 1,482 -- 4" $ 2,730 $ 1,614 1 % < $ 6,166 r�.. $ 1,910 Note: no water "taps" larger than 1 112" are sold without approval of City Council 2" $ 10,986 $ 2,439 3" $ 22,338 $ 3,512 4" $ 39,697 $ 5,422 6" $ 89,347 $ 9.718 See Commercial Fce_Form for specifics of how to charge 8 01/26/2000 05:42 9708765925 A2Ara lr AAAAAAAA JRN-U4-UU TUE U1:18 PN HIGH COUNTRY ENGINEERING FAX NO. 970 945 2555 Ued 30 99 10 4Ga Cromaglas3 Wastewater Treatment Systems DESIGNED as a continuously led ac!k, odd !sludge process will! clarifiers that are operated on a batch basis. AN Cromaglas5 treatment sys- tems operate on Identical principles; Turbulent aeradon of incoming wastes and batch treatment of bio -trays in tiepa- rrstt aeration and quiescent settling ct ambo!. DISCHARGED effluent is an ac#Crler, liquid. simost clear in color, with a reduction in BOO and Suspended Solids over 90%. Even higher efficiencies can be achieved if required_ DENITRrfICATION is now rrandatod in many areas and Creiraagll: ss Systems are capable of Oer:itrification with the addition of ani anoxic cycle rollpwirg ar,.,ration. Per -batch cycling is 120.240 minutes. Optimum quality stan- dards ars maintains even at pr', k nlake Levers because of batch -transfer and batrn- rese,vn rr:ncttons. Proven effluent quality is at- tested to by independent ab - oratory research and testing. National standards such as established by the National Sanitation Foundntr'an and Federal EPA have been Sur- passii!O. Effluent quality is ac- ceNed for RECYCLE use with irrigaifon and toilet flushing. • Thoroughly Tested • Modular Construction • Easily Expanded • Lightweight HCC tncineerjnc, Inc. TYPICAL CYC �E EL141.13411Q1st FIOW enters the Solids Retention Section (A) which is separated by non- corrosive screen. Inorganic solids are retained behind the screen. Organic solids are broken by turbulence created with mixed liquor being forw.d through screen by subrttars,Dle aeration pumps. This eliminates the need for !mechanical comminution. AEFIA1VN Liquid and small organic solids pass through the screen into ihta continuing Aeration Section (3). Air and mixing are provided by submersible p&.mps vrith venturi aspirators that receive ;sir through pipe intake from the atmosphere. Q NfTRfFlCATIOp (OPT1ONKL) Provided by an anoxic peried lunng the regular treatment cycle. Oni raglass units create anoxlo conditions )y closing the air intakes of the aeratiC n pumps wlsn electric valves. This stops aeration, but the system continues mixing. IHAMiSEENSETILL Treated rnixed liquor Is Transferred by pumping to the Clarification Section (C). The transfer period overfills the Clarifier with the excess spilling through over- flew weirs back into the main Aeration Section. Transfer ceases and Clarifier (C) is isolated — solids separation occurs under quieccen! conditlon,s. !iSCHARRGe Atter settling. effluent is pumped out of the Clarifier (C) for discharge. Return sludge is from the bottom of the Clarifier (C) back into the main Aeration Sec- tion (2) using a Submersible plump, or sludge can be wasted to a Sludge Processing Tank. (303) 825-0547 PAGE 16 F, 35 p.3 Cromagiassl BENIFFlTS • No Offensive Noise or Odors • Easily Installed • Posftfve Discharge • "Flow Thru" Eliminated 9 • Acc bts Overload. • Automatic Controls • Itlonitcring 24 Hours • Noncorrosive 61/26/2000 05:42 9708765825 a 24AAAAAAWAAAA Jtil'-u4-Uu 111t Ut ; l0 rft rH 11 UUUN I tiY rhuiNUK1NI 1 W IVU. fU 245 'bbb Den 30 3S I0:48a I•ICE Engineering, Inc - PROVEN QUALITY Assurance of treatment quality nab been accorr- ptished through independent laboratory research arld testing supported Oy sampttng from installed 4y5terns (ri sutt available upon request)_ National Standards as established by Federal EPA and the National S)fitation Foundation have been surpassed. Effluent Quality with over 94-95% reduction 4! BOD and S4Jsperded Solids enables Crornaglas;e to be dasignodt where other methods ers not acceptable. Recycled eftIurrrt is currently being used for tards;ape inlgation and as a toilet flushing medium. Elrkkinr sem pl. Penn Model CA.120 Showing &Awe Discharge by If, ig.1ion Syerc:rn. COST-EFFECTIVE SMALL COMMUNITY SYSTEMS Trcalrrirnt of wastewater in small communities and schools located beyond a municipal system presents a challenge to consui.tit,q engineers. CromegIass SYsterrr.s offer a cost-effective alternative solution. Many a these professionals have turned to the Crornaglass Batch Treat Process. an alternative and inruvative, technology assessed favorably by Foderat EPA to be used where conventional sewer- age systems are unavailable or not cost ef!ective. This modular cont.eot design has proven lets costly ar:d more environmentally Sound than other sewer- age install:itioctia. Several schools a& well as small community projects have specified Crarnatfass, • iiesaiirva volume G►Pay % a^rOrti out Jlpw A,rriteg ppxk� 1 e narices. • Primary con+artnlori, �nlJuces sand- and spneca decorripoatrlan • Submerged pumas Provi d agitation Ana haat try,ytee to tank ilqutd Tor maximum M hector..al aetttrn during cold weatr!rr, No 'w 4iq. brierrfy. 4303) SES -0547 PAGE 17 P. 08 p.4 REDUCED DRAIN FIELD SIZE AND :SURFACE DISCHARGE CAPABILrES Because of the clear, otiorlpaa qt. ity anti high treat- ment standards of Cr©maglass Systems, drain fleky size can be reduced substantially horn that required fc.r conventional systerr,s. With optionat disinfection added, these systems are permitted for surface dis- charge under conditions normally unsuitable for sub- surface disposal. All t.nkr 0 piece rowdy tor backlit/. Nota concrete pads and stain - rats steel da -clown reds_ ADEQUATEOVERLOAD RESERVE Bath Processing is capable of high treatment even UMW' a wide range of flows as found in growing commurlitleS. Also with varying nrgainic roadtngs df commercial, school and institutional use. excellent efil.ent standards are maintained. This feature is an integral part of the system to cover temporary arner- gen'aers or ;apse's. DESIGN FEATURES Models CAS • CA12 - CAIS 10 • Strong rt,erglasa clnirrua:tioia. Corrosion -Free tank and piping. • Dual cormartmere audiLnlarvr$t.ai araarm :@rlSar5. • AUKYnatic purt+p disChtVga derr,'.!u unilOrrn drainfieid dasmg. 01/26/2000 05:42 9708765825 42AAAAAAAAAAAs-1 JAN -04-00 TUE 01:18 PM HIGH COUNTRY ENGINEERING FM NO. 970 945 2555 Deo 30 SS 10;46a MCE ErtCineerinc, Inc. NOISE AND ODORS CONTROLLED Attractive lank modules with locked maintenance hatchwe.ys dnat;le Cromag(a38 Systems to be Ins'atted without priors or raise associated with other types of open sewage treatment plants, when operated property. 'tanks can be installed DeIOw ground close to build.ngs being served - saving unneeded pipe oruiknr pump expense. BY-PASS NOT POSSIBLE Crornaglass Systems are designed to make by- pass hind intortank Contamination frTpos&fibre. When cperatoci properly, no bio -mass can transfer from one section to another except through the programmed pumping system. All sludge collected in the settling charnber is automaricolly returned to the aeration section for further aeration and breakdown. This results in low sludge accvmufation. Most residual sludge that Collects is made up of biological ash and +nsolut,l$ praiticles, 5iurtge can also be wasted to a Sludge Processing Tank. (303) 925-0547 PAGE 18 P. 07 MAXIMUM OPERATIO NAL FLEXIBILITY PROVIDED BY PLC CONTROLS State-of-the.Art PLC controls will respond 10 the inputs from level sensors and probes in the tanks. The Pt.? aUiorrwticallyadjusts treatment parameters In response 40 changes sensed in the influent. It Can store a permanent record of ail operational functions. which provides information on each function of Bach cycle for whatever time reference desired. Such information can indicate if service or malntenence Is needed, and the operator can then schedule il before a failure °Crurm. STRONG, LIGHTWEIGHT and REUSABLE Corrosion -proof vessel construction of strong. lightweight fiberglass. Covers and locking hatches are also of fiber- glass. Tanks are constructed to withstand pressure involved wneit Installed at acceptable depths below ground. Beim.' light in weight means expensive cranes are not required. saving {natallation Casts. Because CIemeglass chnTa are campIotely tntagrnted, compact and ananglnctrcurr;stances warrant. transportable. they can be reused. relocated anchor resold when ifoo w+tighr Sboecgase math idol bawl ort laded Ind ser [R p(ai:• irt excAvatror4/ conCrite Feed. rhis to ry lly [WO) by backhoe uxed to ex, c1Yale the sire. p.5 0106r'000 05:4? 97087658_'5 u2rara aAArawlaAAAra 4u4. � _ r �, rt i ern WUN i KT tNti l Nh H i NG FAX No. 970 945 2555 Dec 30 39 10:47e IfCE EnC i neer i nt;, Inc. (303J 925-0547 Crcrnaglass Systems can be installed to modules, meaning a lower initial investment. The system can start with one Independent module designed IP treat the initial loading. As c1Eveloprnant grows. additional modules can be added as needed. Modules can be added at the initfal site, or if mare e.cunornir,2tl, a new treatment site can be used. Because a catch system requires less land area, it can be placed in rnultip)e locations - saving addi- t onal pipinglpurnpinq cost. PAGE 19 P. 08 P. B r romaglass Wastewater Treatment Systems are rtssentiaily Sequencing Batch Reactors ;SBR) as opposed to conventional CCrttlnuOUS flow activated tiludge Systems. Treatment is by timed sequences within a single vessel. Continuous flaw systems require several vessels, using a larger ianz$ area and higher installation coots- aecause time functions can easily bs changed, an 55F1provides custom treatment dependent an vary- irg hydraulic and biological loading up to the designed capaciry of the system. 12 ` P4AS pWASC 2 CROMAWATCH Cromagfass has introdsuceti ane at the industry s first central 5tapion monitoring wastewater IreAtment syst tms. With the use of a unique ccmbinanon of telecorrmmu- nication computers, word processors, and dcdiealed people, the Plant Operator, Cromeglass. and the Servicing Distributor are all nOtifted it a treatment unit should malfunction. TI -,e microprocessor is built into ta,e Cromaglase SWIM. Tftfs 24-hour rttcritor will relay over an "800' telephone ;,rte to the control center computer the rc:a3on for an alarm. An or -duty operator will then cad to report a CrurrlaWatch activity. This will assure prom;ol response to a malfurction. caco'z 2.0 WESTER SLOPE DEVELOPMENT 501 N. 71h SL d s 326, Silt CO 61652 Garfield County Attn.: Jeff Lourien 109 8th St Ste 303 Glenwood Springs, CO 81601 RE: Powerline Professional Project Dear Mr. Lourien, February 1, 2000 This letter is to inform you of an amendment to the three alternatives for sewage disposal, as detailed in the letter to you dated 1-26-00, Following recent discussions with the Colorado Department of Public Health, we have been requested to examine the feasibility of connection with the Rifle municipal system. Service would require a conmcction in excess of one mile from the site to the point indicated on the Rifle Sanitary Sewer As -Built map. Right of way have across private land for the majority of the corridor will have to be obtained. Two lift stations will be required. The first lift station will pump the waste stream 400 feet to the top of the mesa, with a second station located between mesa top and a drainage to the west. The material will be transported more than one mile. The estimated infastructure improvement i osts are as follows: ITEM QUANTIY UNIT COST CCI Mobilization 1 LS_ $25,000 $25,000 Earth Work 1 L.S. $750,000 $750,000 8" SDR -34 Sewer Pipe 5,480 L.P. $33.00 $180,000 4' Dia manholes 12 E.A. 54,000 548,000 Encasement 1 L.S. 590,000 $90,000 Lift Station 2 E.A. $125,000 5250,000 Connections to Inlet & Outlet 1 L.S. 525,000 525,000 Tap Fees 1 L.S. 548,000 548,000 EasementAquisition 1 L.S. $100,000 $100,000 20% Contingency 1 L.S. 545,000 $45,000 $1,561,000 In addition to the high infastxucture costs, the long term maintenance of stations would be a burden on the City of Rifle. Given the above mentioned factors, this option is not feasible_ vvvvvvvvvvvVZa SZ8S9L8OL6 ZZ : Z0 00021 tO /Z0 Further information provided to the Division essentially recaps our findings and further thoughts on the four alternatives. Connecting to the Cottonwood Springs MHP system is not desirable. Cottonwood may have plans for their excess capacity and utilization of this capacity would preclude this option for Cottonwood. Additionally the plant owners have spent considerable time, effort and money to maintain their system to the high operational standards as required by the State and are concerned that careless or accidental discharge by a commercial business may adversely affect the operational capacity of their system_ In conversation with the CDPHE Grand Junction office, we were advised that a second central facility either a mechanical or aeration system, although feasible, would not be preferred over ISDS. ISDS appears to be the preferred option and the use of ISDS was chosen based on the preferences indicated to us by the Grand Junction office. Cost estimates have provided directly to Mr_ McKee. Please include this information with the Planning Commission information packet. If you have any further questions, please call. Sinc John Barbee LO 3910d VVVVVVVVVVVVZV sz8G9L$9L6 zz:zo 9ooz/r/zo 02/01/2000 02:22 9708765825 42AAAAAAAAAAAA PAGE 04 ems co aim -• utocs 114100 AMOS 'Ai- lora .114 110, hill als r min Nut =tau wiim, it I 151010 AIM II 01). II! 4- 'do S - a Zil R mil 4.1, sni 1 iiini-zi • i aiii it Ili -nu in wan Narimi al Itelii. Lull Ira ista; i ••A NMI 1111 • IliW 01 tkerit &loch eftwilillmg'imin OP. *MN au iund11110•1001 :hIi .1p wag iPtiiingits 71 1 re gi h'e ,94_ I .drnalti iiiiiiiii i /Awl k-. .ic . !,..1:111111 MN MI HUI I 1 / " r A 1 Armin ,limpto iatINIE4 sw1hp3SWJ James heves — seioweri J$1!u* . slime SVMS AellINVS 31Ad