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HomeMy WebLinkAbout22.0 BOCC Staff Report 02.20.2018Board of County Commissioners — Public Hearing Exhibits TCI Lane Ranch PUD Amendment (Aspen Polo Club PUD) February 20, 2018 -rn& Art'°-E'd c1°At 1_3C) Exhibit Number Exhibit 1 Public Hearing Notice Information Form 2 Mail receipts 3 Proof of posting 4 Proof of publication 5 Garfield County Land Use and Development Code of 2013, as amended 6 Garfield County Comprehensive Plan 2030 7 Email from Stephanie Lewis, dated November 24, 2017 8 Referral Comments from Black Hills Corporation, dated December 4, 2017 9 Referral Comments from Garfield County Road and Bridge, dated December 5, 2017 10 Letter from Ronald Norman, dated December 12, 2017 11 Referral Comments from Colorado Parks and Wildlife, dated December 21, 2017 12 Referral Comments from Garfield County Public Health, dated December 21, 2017 13 Referral Comments from Chris Hale of Mountain Cross Engineering, dated December 27, 2017 14 Land Use Change Permit for Development in the Floodplain for TCI Lane Ranch (Reception Number 786310), dated May 21, 2010 15 Referral Comments from the Colorado Department of Transportation (CDOT), dated January 5, 2018 16 Email from Jon Fredericks, dated January 9, 2018 17 Letter from Craig Corona, dated January 10, 2018 18 Email from Larry Smith of the Waldorf School, dated January 10, 2018 19 Letter from Jon Fredericks of Land West Planning, dated February 5, 2018 20 (7._ Dor 4 trots r�,,A-74 .NG. 31709 21 c17)0 j'. 4irC41 Jpi_,,,,- f' -.,-0.6'. / 79 /-O(( pr)(0v` p 28 29 30 BOCC February 20, 2018 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST: OWNER/APPLICANT: REPRESENTATIVE: LOCATION: PROPERTY SIZE: WATER/SEWER: ACCESS: EXISTING ZONING: SURROUNDING ZONING: COMPREHENSIVE PLAN: PC RECOMMENDATION: PUD Amendment Aspen Polo Partners, LLP Landwest Colorado, LLC — Jon Fredericks Approximately 4 miles east of the Town of Carbondale off the State Highway 82 Access Road and known as Parcel Number 239131100033. The property has an address of 16411 Highway 82, Carbondale. ±100.44 -acres Onsite well / Onsite septic and/or centralized wastewater system State Highway 82 / Old Highway 82 PUD PUD, Commercial Limited, Rural, Public Land Future Land Use Map - Residential High Density Approval with Conditions by a vote of 6-1 I. PLANNING COMMISSION RECOMMENDATION This application for a Substantial Amendment to the TCI Lane Ranch PUD was heard by the Planning Commission on January 10, 2018. At this hearing the Planning Commission recommended Approval with Conditions to the Board of County Commissioners. This recommendation is made by a vote of 6-1. II. GENERAL SITE INFORMATION A. Property Location The property is generally located 4 miles east of the Town of Carbondale and adjacent to State Highway 82 (SH 82). The proposed primary access point is to be located on the Highway 82 frontage road (Old Highway 82) approximately 0.5 miles east of the County Road 100 / Highway 82 intersection. Properties to the north include agriculture and residential. Properties to the west include a Waldorf School and residential uses. Properties to the south include the Roaring Fork River and public land. Properties to the east include residential and open space. 1 BOCC February 20, 2018 DP Vicinity Map 107 4- �_100 thing Ranch Highway 82 Ranch ar Roaring F'<. ��' Cerise Rano f �l Ma TCI Lane Ranch Englund/Moote ch 100 Roaring'? P serve _100. Town of Carbondale tate B. General Property Description The property contains approximately 100.44 -acres. The subject site is located on the floor of the Roaring Fork Valley and is currently developed with an agricultural greenhouse and food growing operation. Physically the property gradually slopes down north to south towards the Roaring Fork River. The north portion of the property is generally range with vegetation becoming thicker to the south with mature cottonwood galleries along the Roaring Fork River. C. Property History The Applicant has provided the following description and chronology of approvals for the property. The property was the subject of many prior applications and approvals by the County, starting in 2007 with approvals for a Comprehensive Plan Amendment and Sketch Plan. In 2009, the BoCC granted Preliminary Plan and PUD approval, which was followed by the approvals of several minor revisions and Preliminary Plan extensions. The Preliminary Plan has since expired as of September 8, 2017. However, the prior PUD zoning approvals and Floodplain Development Permit remain in effect. Table 1 provides a chronological history of prior actions by the County for the subject property. 2 BOCC February 20, 2018 DP Table 1. History of Prior County Actions. Type Resolution/ Permit # Date Description Designation of "Residential High Density" for property. Comprehensive Plan Amendment PC -2007-05 7/11/2007 Preliminary Plan/ PUD 2009-71 9/8/2009 Original approval. Preliminary Plan/PUD 2009-81 12/7/2009 Retract and replace Resolution 2009-71 to correct scriveners error_ PUD Amendment Land Use Change Permit PDAA6269 2/9/2010 Administrative approval of text amendment of PUD Guide to allow "greenhouse" as a Use by Right. Floodplain Development Permit Land Use Change Permit FDPA6264 5/21/2010 Administrative approval of development in Floodplain. Preliminary Plan Extension 2010-57 7/19/2010 To allow a 1 -year extension until 9/8/2011, with the opportunity to request additional extensions. PUD Amendment 2010-101 12/20/2010 To convert five (5) voluntary employee units to free market units due to market conditions. Preliminary Plan Extension TBD 7/11/11 To allow a 2 -year extension until September 8, 2013_ Preliminary Plan Extension 2013-58 9/3/2013 To allow a 2 -year extension until September 8, 2015_ Preliminary Plan Extension 2015-49 9/8/2015 To allow a 1 -year extension until September 8, 2016_ PUD Guide Correction 2016-37 5/2/2016 To allow for a correction to Resolution 2014101_ Preliminary Plan Extension 2016-59 9/12/2016 To allow a 1 -year extension until September 8, 2017_ Preliminary Plan Expiration 1 9/8/2017 The Preliminary Plan approval has expired. 3 Approved PUD Zoning BOCC February 20, 2018 DP a 8 O o c 0 O B 0 a LANE RANCH 4 BOCC February 20, 2018 DP Approved PUD Land Use Summary 5 BOCC February 20, 2018 DP III. PROJECT DESCRIPTION AND PUD AMENDMENTS The previous owner of the site, TCI Lane Ranch, LLC, was approved to rezone the parcel discussed above, from Agricultural Rural Residential Density (ARRD) to PUD to allow for development of 89 residential lots (including 9 affordable units), open space and recreation in 2009. The owner was also approved for a Preliminary Plan Application in 2009 to allow for subdivision of the site. The Preliminary Plan approval expired in September 2017, however. The owner is now seeking to amend the original PUD approval and has represented that should the PUD amendment be approved, it would be followed up by a new Preliminary Plan consistent with the amended PUD. The Applicant has provided the following description of the proposed amendments. The Applicant is seeking a PUD Amendment for the property formerly known as TCI Lane Ranch in eastern Garfield County near Catherine Store. The property is now being referred to as the "Aspen Valley Polo Club PUD". The subject property is 100.44 acres in size, and is currently zoned PUD with an approved PUD Guide and PUD Site Plan. This application seeks to replace the existing PUD Guide and PUD Site Plan with the proposed PUD Plan, including a new PUD Guide and PUD Plan Map. This PUD Amendment as proposed will allow the owners to develop the property with their envisioned land uses and dimensional standards, consistent with the Garfield County Comprehensive Plan. This application provides pertinent information for a PUD Amendment (Substantial Modification) as required by the Garfield County Land Use and Development Code (LUDC) Section 6-301. As proposed, the PUD consists of two distinct Zone Districts. In order to create efficiencies in the review process, County staff has directed the Applicant to also include many of the typical requirements of a Preliminary Plan submittal for the area encompassing Zone District 1. These supplemental submittal materials will allow the County to evaluate the improvements that are planned for Phase 1. This report demonstrates conformance with all applicable submittal requirements, County Codes, Goals and Policies. This PUD Amendment will be the first step in a three-part review process for the subject property, as follows: 1) PUD Amendment — to confirm certain allowed uses and dimensional standards, which will allow the Applicant to commence construction of facilities within Zone District 1 in the early spring of 2018. 2) Preliminary Plan — to obtain approval for subdivision of the property based upon approved allowed uses and dimensional standards. The Preliminary Plan application is intended to be submitted for review in 2018, after approval of the PUD Amendment. 3) Final Plat — to subdivide the property, following the terms and conditions of a Preliminary Plan approval. It is anticipated that Final Plat will occur in 2019. 6 BOCC February 20, 2018 DP In addition, the Applicant has provided the following descriptions of the proposed amendments. 5.1. Proposed Zoning As proposed, the Aspen Valley Polo Club PUD is comprised of two distinct Zone Districts as depicted on the PUD Zone District Map (Figure 9) below. Each Zone District is intended to provide specific consistency in allowed land uses, development standards and densities. Zone District 1 primarily contains agricultural uses and includes 49.23 acres in the northern portion of the PUD. Zone District 2 primarily contains residential and open space uses and includes 51.21 acres in the southern portion of the PUD. Figure 9: PUD Zone District Map (full size version located in Appendix F). Z D-ISTRICT%1� i/r4� /////// / /9, s /%% (referito'PUD Guide for aIlbwed% /// / ///i'////e///��r ( ), land�uses,�standards and densiie), 101* ./) \\\‘‘ Z\\\sO�\�s�NED\\:\a\S\�\TRIC\T 5121\Asre refer to PUD\Guide fbr‘al lo\\\w2\\e d\ \\\.\Iandkue; tandrds,,and\densities )\\'‘S one disttct' 5.2. Allowed Land Uses The proposed land uses for the Aspen Valley Polo Club PUD are very similar to those approved for the former TCI Lane Ranch, with a few exceptions. Similar to the existing zoning, proposed land uses include agricultural, residential, parks, open space, trails, utilities, and water storage. Where the current proposal differs is that the proposed uses include provisions for additional agricultural uses with 7 BOCC February 20, 2018 DP equestrian facilities. This includes any agricultural building, structure, or improvement for the purpose of accommodating, breeding, raising, training or competing equids (primarily horses). Associated agricultural facilities may include barns, stables, riding halls, riding rings, paddocks, polo fields, corrals, tracks, or trails. The complete list of proposed "Uses by Right" is included in Section 4 of the PUD Guide, Appendix N. 5.3. Land Use Summary The PUD Guide (Appendix N) provides detail on various dimensional and development standards, open space requirements, and also includes limitations on density. The following PUD Summary Table details the minimum standards and limitations for the proposed PUD. 5.3.1. Table 3: PUD Summary Table ITEM OVERALL PUD ZONE DISTRICT 1 ZONE DISTRICT 2 Total Acres 100.44 -/- 49.23 +/- 51.21 +/- Minimum Open Space Percent 50% 219 (of total PUD) 299 (of total PUD) Minimum Open Space Acres 50.22 -/- 21.09 +/- 29.13 +/- Minimum lot Size -- 0.75 acres 0.25 acres Maximum Number of Dwelling Units 54 12 42 Maximum Dwelling Units per Lot -- up to 4 1 Maximum Overall Density (Acres per Dwelling Unit) 1.9 AC/DU 4.1 AC/DU 1.2 AC/DU 5.4. Community Design The design for the PUD blends the unique facilities of a horse breeding and training center with provisions for a compact and well-amenitized residential neighborhood, while maintaining the integrity of an important natural environment adjacent to the Roaring Fork River. The northern portion of the property (Zone District 1) contains the agricultural and equestrian -related uses of the PUD. These facilities include barns and stables, paddocks, an exercise track for horses, two regulation -sized polo fields, ponds for the storage of irrigation water, a clubhouse, up to 12 dwelling units, and the necessary provisions of dual road access and appropriate wet and dry utilities. The southern portion of the property (Zone District 2) has a configuration that is very similar to the former PUD Site Plan for TCI Lane Ranch. This includes a community center, greenhouse and gardens, park, open space, trails, up to 42 residential units, and appropriate access and utilities. 8 BOCC February 20, 2018 DP Proposed PUD Map C I 1111 11 f 4 J - a i 3,1 ,.... I. X ! , ];*, ,.•i', Ce l) 1a '4 't ,-.- 6 655 i 95 Ot• .60, , I; U / tti; -6 ''''''''''' 1 • '... , • , 1 i i ' ' 1 i d r , -, „ - / r. I I/ ' .... Koval pi I I X , V ',) ) I 0 1 , kJ iI.A1 -i. i!i F:-.!''' -- ' ..- I - 1111TH ON NaLl613.7,01 ,11WS N.13211 3178 9 BOCC February 20, 2018 DP Site Plan IV. REFERRAL AGENCIES The Amended PUD and Subdivision Preliminary Plan applications were referred to the following agencies and County Departments for their review and comment. Comments that were received are briefly noted below and more substantively included in the body of the memorandum. a. Garfield County Road and Bridge: (Exhibit 9) - Noted that the development will put some additional impacts on the Catherine Store intersection which is controlled by CDOT. As a result, "Road and Bridge does not require any permits for this proposal." 10 BOCC February 20, 2018 DP b. Mountain Cross Engineering: (Exhibit 13) - Noted the following comments: o The Applicant states that water for fire protection will come from hydrants connected to the ponds. The Applicant should provide more information concerning how the volume in the ponds is allotted between fire protection, irrigation, and aesthetics. Pond surface areas for evaporation should be verified. It should also be verified that fire protection is an allowed use for the water from the irrigation ditches. o The Applicant should work with the Fire District to determine hydrant locations and spacing and how these would connect to the ponds. o The Applicant should describe how the onsite wastewater treatment system (OWTS) setbacks from the water features will be achieved. Some of the OWTS are shown very near ponds and streams. o Conveyances for storm drainage should be sized as necessary for the 25 -year event per the LUDC. The Applicant states that they will be sized for the 10 -year. The Applicant should verify the adequacy for a 25 -year event or a variance may be required. o Future phases propose smaller, residential lots that likely would not be feasible for OWTS. A reasonable alternative is a wastewater treatment facility (WWTF). The application materials do not evaluate feasibility or future connections. The Applicant should connect the commercial buildings to a WWTF should one be constructed in the future. o The Applicant should describe the potable water treatment that is proposed and where the equipment will be located. o The Applicant should provide design drawings for the accesses proposed with CDOT permits. c. Garfield County Public Health: (Exhibitl2) - Noted the following comments: o Area has potential for radiation hazard. Radon Resistant New Construction recommended. o Air Pollution Emissions Notification (APEN) may be required by Colorado Department of Public Health and Environment (CDPHE) as a result of the scale of the construction. o Noted that the drinking water system utilizing 1 well could be classified as a public water system by CDPHE Regulation 22. o Noted that the flows for each of the septic systems are near the threshold of 2,000 gallons per day based on CDPHE's Regulation 43 and could be considered a public water system according to CDPHE regulations. o Noted that due to the location of the site adjacent to the Roaring Fork River and adjacency to the Town of Carbondale's drinking water protection area, care should be taken to apply fertilizer and pesticides properly. In addition, these materials need to be stored properly. d. Colorado Parks and Wildlife (CPW): (Exhibit 11) - CPW provided similar comments to their referral from 2009. These comments include encouraging wildlife friendly fencing; discourage bear attractant landscaping, discourage storage of trash, horse grain / feed in locations where they could attract bears and other wildlife; construct all ponds with wildlife friendly escape slopes; and keep trails in riparian areas to a minimum. The comments also recommend an anglers easement. e. Black Hills Corporation: (Exhibit 8) - Indicated that Black Hills Energy has the ability serve the development with natural gas. 11 BOCC February 20, 2018 DP Colorado Department of Transportation (Exhibit 15) Indicated that the development does not increase traffic impacts at the intersection of CR 100 and Highway 82 by 20% and as a result, does not trigger a CDOT access permit for this location. Access permits are necessary for the developments access onto Old Highway 82, however. CDOT recommends that the condition from TCI Lane Ranch requiring a right turn lane on CR 100 be carried forward to this development. The comments also note that the left turn lane on northbound Highway 82 onto CR 100 is short and needs to be lengthened, however these improvements are recommended to be completed by a project that triggers the 20% threshold. No comments were received from the following agencies: g. Garfield County Vegetation Management h. Department of Water Resources (DWR) i. Army Corps of Engineers j. Town of Carbondale k. Carbondale Fire Protection District I. Mid -Valley Metropolitan District V. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN One component of the Comprehensive Plan is the Future Land Use Map which designates density ranges and uses that may be considered appropriate for an area. The TCI Lane Ranch PUD was approved in 2009 under Resolution 2009-71 (corrected under Resolution 2009-81). As a part of this approval it was determined that the TCI Lane Ranch PUD and Preliminary Plan complied with the Comprehensive Plan of 2000, which designated the property Residential High Density. This density designation carried forward to the Comprehensive Plan of 2030 which was adopted in 2010. 12 Comprehensive Plan of 2030 BOCC February 20, 2018 DP Subject Parcel: Residential High Density (3 DU / Acre) , -e,d G �� ittit(/'Utl UII I e�� tyTTTac), t �:,eE3t4, Urban Growth Area Industrial titin Mixed Use -- IN Commercial Res H (1/3 TO <2 Ac/Du)* Res MH (2 TO <6 Ac/Du)* Res M (6 TO <10 Ac/Du) Res L (10+ Ac/Du) Resource Production/Natural Sections of the Comprehensive Plan that are relevant to the application are excerpted below. Chapter 2. Future Land Use includes the following direction: Future Land Use Map The Future Land Use Map designates the site as Residential High Density which provides a `range' of appropriate densities and a method of determining what range is appropriate for a particular site: Determining the density range, High Density range is from 3 du per acre (301 units on the TCI Land Ranch parcel) to 1 du per < 2 acres (50 units on the TCI Lane Ranch parcel), the range for a particular site will be determined by the Planning Commission based on "degree of public benefit" and consideration of such factors as affordable housing, amount of parks/trails/open space, energy conservation, fiscal impacts, preservation of views, providing for schools and other public needs. 13 BOCC February 20, 2018 DP Residential High Land Use Designation Description LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Criteria for determining RH density within the Residential Suburban (RS) High (RH) allowed range will be specifically determined by the Planning Commission and will be based on Residential Urban (RU) "degree of public benefit", considering factors such as: amount of affordable housing including Residential Mobile Home Park a mix of housing types, amount of parks/trails/ open space, energy conservation, fiscal impacts (RMHP) on the County, preservation of views, providing Planned Unit Development for schools and other public needs, etc. (PUD) Density of residential uses: 3 du per acre to 1 du per <2 acres Example: - j r Growth of New Major Residential Subdivisions There are several major subdivisions (15 units or more) in Garfield County that provide their own internal services (road maintenance, water, sewer) through special districts or HOA. However, these subdivisions are typically far from commercial centers and require travel for even convenience needs which increases traffic and requires higher maintenance of county roads. The Plan recognizes new major subdivisions may occur, but encourages them to be more self- sufficient (having, or being near, convenience services). In order to be more self-sufficient, new major subdivisions will require: i. Safe, reliable access and transit opportunities ii. Construction or upgrade existing offsite connecting county roads and intersections by the developer iii. Review of the fiscal costs vs. fiscal benefits to the public iv. Internal roads to be maintained by a special district or HOA v. Central water and sewer is provided through a special district (quasi -public, not private) vi. Public amenities, such as trails, open areas, parks, etc., that meet the needs of residents are included. Chapter 3 -Plan Elements This chapter analyzes plan elements that include: 1. Urban Growth Areas and Intergovernmental Coordination - The nearest property boundary of the PUD is located 4.00 miles from the Carbondale Urban Growth Area and sits just outside the Town of Carbondale 3 mile area of influence. The FLUM designates the property Residential High (1/3 acre to less than 2 acres per dwelling unit). 14 BOCC February 20, 2018 DP 2. Housing - The Applicant proposes to provide 5 affordable units. This is a ratio of 10%. As the amendment reduces the number of overall dwelling units from 89 to 55, the number of proposed affordable units has been represented to be reduced from 9 units to 5 units while still maintaining a ratio of 10%. 3. Transportation — The development is proposed to have 2 access points onto Old Highway 82, which is maintained by the Colorado Department of Transportation. The traffic study predicts the development will generate 482 weekday daily trips with 49 trips occurring in the AM peak hour and 56 trips occurring in the PM peak hour at build -out. During special events, this volume is expected to be 914 weekend daily trips with 195 trips occurring in the midday peak hour. The traffic study concludes that "it was determined that the majority of the existing roadway and intersection network can serve the added traffic volumes in the short-term and long-term scenarios" with the following improvements. - SH 82 at Catherine Store Road / County Road 100: Construct right -turn lane (storage back to Highway 82 Access Road, about 120 feet). Adjust the signal timing to increase the green for the westbound left -turn lane. - Highway 82 Access Road at Chukka Trail (west access): construct with one entering lane and one exiting lane (full -movement) and site -street stop -controlled. - Highway 82 Access Road at Riverstone Drive (east access): Construct with one entering lane and one exiting lane (full -movement) and side -street stop -controlled. As both the access road and the intersection of CR 100 / Highway 82 are controlled by CDOT, improvements at these locations will require CDOT approval for any improvements. The access points onto Old Highway 82 will require access permits and all improvements are to be controlled by CDOT. Staff recommends carrying forward the requirement that the applicant install a right turn lane and a center median on CR 100 at the intersection of Highway 82. These improvements are recommended to be completed at the time of subdivision and secured through the Subdivision Improvements Agreement. 4. Economics, Employment and Tourism — Though the development and construction will create employment opportunities they will be temporary and will not be primary jobs. Employment for the on-site recreation/equestrian/event facilities may generate several on-going service industry positions. Overall property maintenance of the development may also create several positions, though a specific number of positions has not been provided. 5. Recreation, Open Space and Trails — The development provides internal trails and areas for recreation. In addition, the north section of the property is to be developed as a private polo facility. The application states that "A minimum of 50% of the PUD will be maintained as Open Space, and includes a corridor along the Roaring Fork River which will preserve the public river experience for floaters, fishermen, and bicyclists on the Rio Grande Trail." 6. Agriculture — Limited agriculture may be conducted within the PUD. An existing food production facility with a year round greenhouse currently operates on the property. This facility is expected to continue with the proposed amendments to the PUD. 7. Water and Sewer Services — The application is proposing to serve Zone 1 (polo fields, facilities and club house) with an onsite well and Onsite Wastewater Treatment Systems (OWTS). 15 BOCC February 20, 2018 DP Zone 2 is proposed to be served by a central onsite well and either individual OWTSs or a centralized community system. It is understood that the development is currently over 400 feet from an existing water or sewer service line for a special district. The application provides the following explanation: "The project proposes to develop a Central Water Distribution System utilizing a newly constructed well. The property owner has significant raw water rights from several ditches, including the Basin Ditch, Middle Ditch, and Lower Ditch. These water rights will be maintained and utilized to provide irrigation support for the property. A public sewer extension is not currently practical or economically feasible, therefore the project will utilize Onsite Wastewater Treatment Systems (OWTS), which will be designed in accordance with the Colorado Department of Public Health and Environment's Regulation 43 and Garfield County regulations." 8. Natural Resources — Preservation, protection and enhancement of natural resources is proposed, particularly along the Roaring Fork River. Protection of the riparian corridor and open space areas are proposed. The application includes the following explanation: "The Roaring Fork River corridor is an important natural environment on the south side of the subject property. Within this area are floodplains, wetlands, and mixed forests which create wildlife habitat and serve important ecological functions. These areas will largely be preserved as Open Space within the PUD. The drainage plan has been designed to allow for proper infiltration and groundwater recharge. Inlet structures, piping, swales, infiltration depressions and overflow structures will convey runoff through the site. Proposed roads will drain into grass -lined swales and will convey runoff to localized depressions via storm inlets and piping when necessary. Localized depressions will be the main form of retention to provide water quality and promote infiltration, while larger depressions will be used for retention. Drainage and erosion control of the site during construction activities will be managed under the authority of a Colorado Department of Public Health & Environment (CDPHE) discharge permit and associated Stormwater Management Plan. 9. Mineral Extraction — No mineral extraction has been proposed for the site. 10. Renewable Energy — The application states that "This PUD Amendment creates specific allowances for renewable energy production at an appropriate neighborhood scale. The PUD Guide (Appendix N) allows for the use of both Accessory and Small Solar Energy Systems. Accessory Solar Energy Systems are those rated less than 15 kilowatts, and are allowed in both Zone District 1 and 2 of the PUD. Small Solar Energy Systems are those rated 15 to 500 kilowatts, and are allowed in Zone District 1 of the PUD." VI. REVIEW STANDARDS & PUD CRITERIA SECTION 6-202 PUD APPROVAL STANDARDS. Substantial Amendments to PUDs are required to meet the Standards as outlined in Section 6-202(C) of the Land Use and Development Code. 1. Purpose and Applicability. The PUD meets the purpose and applicability of this Code, as provided in section 6-101.A. and B. A. Purpose. The general purpose of PUD zoning is to permit greater design flexibility than is allowed by the base zone district or Subdivision regulations, as those objectives are identified in the 16 BOCC February 20, 2018 DP Planned Unit Development Act of 1972, C.R. S. § 24-67-101, et seq. PUDs must be in general conformance with the Comprehensive Plan. Staff Comments: The proposed PUD amendment is intended to provide greater flexibility to allow for more intensive recreational uses along with residential and entertainment uses. These uses and design flexibility are outlined in the proposed PUD Guide. B. Applicability. 1. Any single parcel of land or contiguous parcels of land comprising a minimum of 2 acres, sufficient to accommodate an integrally planned environment to be developed through a unified plan, is eligible for PUD zoning. 2. Applications for PUD zoning may be made for land located in any zone district. Staff Comments: The TCI Lane Ranch parcel was previously approved as a PUD in 2009. The eligibility of the parcel was determined by the BOCC at that time. Specifically, however, the parcel is larger than 2 acres and is sufficient to accommodate an integrated planned environment. 2. Development Standards. The PUD meets the Development Standards as provided in section 6-401. A. Permitted Uses. Staff Comments: The uses proposed add equestrian facilities as well as short term rentals and some entertainment uses to those already approved in the current PUD. In addition, all of the uses are allowable with proper permits in the underlying Rural zone district. Upon review of the PUD Guide and the Comprehensive Plan, it is Staff's opinion that the proposed uses are in conformance with the Comprehensive Plan. It is understood that, upon approval, the uses that are to be permitted are those that are permitted by the PUD Guide. The Applicant describes the proposed changes as follows: The proposed land uses for the Aspen Valley Polo Club PUD are very similar to those approved for the former TCI Lane Ranch, with a few exceptions. Similar to the existing zoning, proposed land uses include agricultural, residential, parks, open space, trails, utilities, and water storage. Where the current proposal differs is that the proposed uses include provisions for additional agricultural uses with equestrian facilities. This includes any agricultural building, structure, or improvement for the purpose of accommodating, breeding, raising, training or competing equids (primarily horses). Associated agricultural facilities may include barns, stables, riding halls, riding rings, paddocks, polo fields, corrals, tracks, or trails. B. Off -Street Parking. Staff Comments: The site plan for Zone 1 appears to provide adequate paved parking for normal operations of the proposed facilities. In addition, event parking on appropriately graded grass surfaces which are also to be used for tailgating during events are strategically positioned around the polo fields. In Zone 2, off street parking is identified at the proposed trail head. Other parking is to be handled onsite with each residence. To this extent, it appears that 17 BOCC February 20, 2018 DP adequate provisions for off-street parking will be available for the proposed uses. This proposal was also reviewed by the Garfield County designated engineer who did not identify any issues with the proposed parking. C. Density. Staff Comments: All of the new outdoor recreation and event uses are contained within Zone 1 while the existing agricultural uses will be a part of Zone 2. The two polo fields, clubhouse, barns, and dwelling units (including cabins and units above the barns) are to be situated on a 49.23 acre district. 12 dwelling units total are proposed in this Zone 1. The applicant has provided evidence that these facilities are to be served by a central well and 3 Onsite Wastewater Treatment Systems (OWTS). Some items have been identified with the design and rights for certain systems by the Garfield County designated engineer and Public Health which are discussed later this Report. Provided these items are addressed, it is Staff's Opinion that the nonresidential density within the PUD will not exceed a level that can be adequately served by utilities. The overall residential density of the development is proposed to decrease from 0.886 dwelling units per acre (89 units on 100.44 acres) to 0.537 dwelling units per acre (54 units on 100.44 acres). As the development is no longer proposed to be served by a special district for water and sewer service, the Code limits the density of the development to 2 dwelling units per acre. Based on this calculation, the proposed residential density is significantly below this allowable threshold. D. Housing Types. Staff Comments: The overall development is proposing a total of 54 dwelling units, 12 units within Zone 1 and 42 units within Zone 2. Zone 1: Future subdivision is possible within Zone 1. Zone 1 has a minimum Lot size of 0.75 acres. Single -Unit, 2 -Unit, and Mixed -Use Dwellings (defined in PUD Guide) are proposed as a Use by Right within this Zone. These units are proposed to be used for employee housing or as short term rentals during events or certain seasons. Four of the units are to be considered single family dwelling units (identified as "cabins") while the rest are to be second story apartments above the proposed barns. The application also indicates that up to 2 Affordable Housing Units may be contained within the maintenance barn. Zone 2: Future subdivision is anticipated for Zone 2 to split the property into legally sellable parcels of no less than 0.25 acres each. Single -Unit and 2 -Unit Dwellings are proposed as a Use by Right within this Zone. A maximum of 42 dwelling units are proposed within Zone 2. The remaining Affordable Housing Units are to be located within this Zone. Affordable Housing: The application proposes provisions for 10% of the dwelling units as deed restricted affordable units. With the 54 total dwelling units, the applicant is proposing a total of 5 units with a total of 9 bedrooms. The income categories for these units are disbursed as required with 1 unit as Category I, 2 units in Category II, 2 units in Category III. The following schedule was provided for the Affordable Housing Units: "Following the completion and issuance of Certificates of Occupancy for every nine (9) dwelling units within the PUD, no building permits for additional dwelling units shall be issued until the issuance of a Certificate of Occupancy for one Affordable Housing Unit within the PUD, OR the provision of one Off - Site Affordable Housing Unit." While the Affordable Housing provisions are included within the 18 BOCC February 20, 2018 DP PUD Guide, an Affordable Housing Plan is not required until subdivision of the property into 15 or more lots. As a result, at the time of subdivision an Affordable Housing Plan will be required. Regarding Affordable Housing eligibility, the proposed PUD Guide identifies in Section 7.7, Eligibility that "Eligibility for Affordable Housing Units will be determined by the Garfield County Housing Authority. Priority for Affordable Housing Units will be given to on-site employees who meet Eligibility requirements." Meanwhile the intent of the County inclusionary zoning is to "contribute to the Affordable Housing supply in the County, as reasonable and appropriate with consideration to the development's impact on the supply of Affordable Housing available to the local labor force." To this end, the purpose of the deed restricted Affordable Housing is to mitigate County -wide needs, not specific needs to the development as is desired by the applicant to provide priority to onsite employees. It is Staff's opinion that the Affordable Housing created through Article 8 of the LUDC should be available to all eligible residents of the County and should not be in any way restricted or prioritized to those who work onsite. Should the developer feel that additional housing is necessary for onsite workers, then that housing should be developed separately and should not count toward compliance with the County inclusionary zoning standards from the LUDC. E. Transportation and Circulation System. Staff Comments: The overall transportation network remains similar to that approved for the existing TCI Lane Ranch PUD, particularly for Zone 2. The internal road network was reviewed by the County designated engineer who did not identify any issues. In addition, the application was referred to the Carbondale and Rural Fire Protection District who did not provide any comments. The two access points to the development are onto Old Highway 82 which is owned and managed by CDOT. At the time of writing this Report, access permits to CDOT had been submitted, however neither permits nor a Notice to Proceed have been issued. The Applicant provided the below description of the internal road network. Two access points are proposed for the Aspen Valley Polo Club PUD, and both are from Old Highway 82 (frontage road) on the north of the property. As of this writing, access permit applications have been submitted to CDOT and are included with the Traffic Impact Study in Appendix K. These two primary access points from Old Highway 82 help to distribute traffic throughout the community while also allowing for secondary emergency ingress and egress. It is presumed that some of the traffic generated by this project will utilize the County Road 100 signalized access to Hwy 82, while some will utilize Old Highway 82 to the east of the project, connecting to Hwy 82 at Valley Road. All roads within the project have been designed per County standards to support Average Daily Traffic (ADT) at full build out, and meet minimum design criteria for emergency vehicles per County The Applicant will need to obtain a CDOT access permit and a Notice to Proceed prior to development of Zone 1. F. Recreational Amenities. Staff Comments: The development provides for open space and trails as recreational amenities. It is Staff's opinion that the level of recreational amenities provided to residences in 19 BOCC February 20, 2018 DP relation to the number of units anticipated is high. The applicant has provided the following description of the parks, open space and trails within the development. The proposed PUD Amendment includes the provision of internal recreational opportunities; including a community center, parks, open space, and trails. A minimum of 50% of the PUD will be maintained as Open Space, and includes a corridor along the Roaring Fork River which will preserve the public river experience for floaters, fishermen, and bicyclists on the Rio Grande Trail. Associated with the Community Center and Greenhouse is a planned community park that will provide for informal and passive recreation opportunities and a gathering place for community events. This park will likely contain ponds, playground facilities, open turf areas, and landscaping. Open Space lands are envisioned for the southern and western portions of Zone District 2. These lands are primarily forested, and contain wetland areas, floodplain areas, and include the Roaring Fork River corridor. A hierarchy of trails is envisioned including paved asphalt trails, compacted soft - surface trails, and natural surface primitive trails. The low-volume street system within the community will also serve as a secondary trails system for both bicycles and pedestrians. As a part of the proposal and approval for TCI Lane Ranch PUD and Preliminary Plan, an Anglers Easement along the Roaring Fork River was proposed. Staff recommends carrying this forward to the modified PUD, if approved, and as recommended by CPW. G. Building Height. Staff Comments: The maximum proposed building height in both Zone 1 and Zone 2 is 28 feet. The existing and approved TCI Lane Ranch PUD has a maximum building height of 25 feet. While the amendment does propose a 3 foot increase in the maximum building heights within the development, provided its fairly low density of development, it is Staff's opinion that the increase will not result in "unreasonable adverse effect on adjacent sites or other areas in the immediate vicinity in regard to shadows, loss of air circulation, or loss of view." H. Lots. Staff Comments: Subdivision of the current -100 acre parcel is not proposed at this time. The application represents a timeframe for future subdivision, however, and the PUD Guide does outline minimum lot sizes, setbacks, and maximum lot coverage for both Zone 1 and Zone 2. These parameters appear to be reasonable although the anticipated lot configuration has not yet been represented. 1. Phasing. Staff Comments: The Applicant has proposed the following Phasing Plan. Construction for the project will occur in two primary Phases, as described below: Phase 1: (Early Spring 2018 - Late 2018) 20 BOCC February 20, 2018 DP The first Phase of construction will include improvements within Zone District 1. Earthwork is planned to begin in the early spring of 2018, and will include grading and construction of the polo fields, roads, ponds, and building sites. This Phase will also include the installation of all necessary wet and dry utilities. Upon completion of grading, drainage and utilities, vertical building construction and installation of all necessary landscaping, irrigation and revegetation will occur. Completion for Phase 1 is planned for late 2018, not including vertical build -out. Phase 2: (2019 - 2020) The second Phase of construction will encompass all necessary grading, drainage, and infrastructure for Zone District 2, which is currently designed to a conceptual level of detail. It is anticipated that Phase 2 infrastructure construction will start in 2019 with completion in 2020, not including residential build -out. As proposed, Phase 1 can be built and operational without having adverse impacts on the future Phase 2 or the surrounding. Prior to construction in Phase 2, the property will also require subdivision. 3. Standards, Article 7. The PUD meets the standards within Article 7, Division 1, excluding 7-101. 7-102. Comprehensive Plan and Intergovernmental Agreements. Staff Comments: Please see Section IV, above regarding an analysis of conformance with the Comprehensive Plan. There are no known Intergovernmental Agreements impacting this development. The application was referred to the Town of Carbondale as the development sits at the edge of the Town 3 mile area of influence, however no comments were received. 7-103. Compatibility. Staff Comments: This amendment reduces the overall residential density of the development in favor of 2 regulation size polo fields, 5 barns, a maintenance barn, and a clubhouse in Zone 1 along Highway 82. The south portion of the property along the Roaring Fork River is to remain primarily as proposed in the existing PUD, as one and two unit residential dwellings. The overall impact to neighboring property owners in Blue Creek PUD and the Waldorf School are expected to be reduced as these developments will now be adjacent to polo fields instead of residential units. The Waldorf School did provide comments (See Exhibit 18) indicating that the housing units within Zone 2 could have impacts to their recess and play area. As a result, the school has requested a berm along that property line to help mitigate those impacts. With the commercial, entertainment and recreational uses directly adjacent to Old Highway 82 in Zone 1, it appears that the brunt of those impacts would be offset by the traffic, noise, and pollution impacts from Highway 82. The more intensive entertainment and recreational uses (clubhouse, barns, tailgating areas, and dwelling units) are proposed to be located interior to the site which will further help mitigate those impacts to surrounding property owners. At the Planning Commission Hearing on January 10, an adjacent property owner in Blue Creek expressed concerns over noise. This issue was discussed at the hearing where it was decided that the application of State noise standards was adequate for the level of noise potentially produced from the events. A noise study is not required as a part of the submittal requirements for the Substantial Amendment to the PUD. To this end, no further conditions are recommended by the Planning Commission to help mitigate noise concerns. 21 BOCC February 20, 2018 DP 7-104. Source of Water. Staff Comments: The PUD as approved under Resolution 2009-81 requires connection of the development to Mid -Valley Water and Sanitation District. As a part of this amendment, the application proposes to serve the development with an onsite well. The application states that there are currently 4 decreed domestic wells on the property. Staff understands the property owners are working with a water attorney to sort through the water rights with the property and have submitted applications for both a new well permit to provide water to both the domestic and commercial uses on the property as well as an augmentation plan with the Basalt Water Conservancy District. As of the writing of this report, it is understood that those applications have been submitted but have not yet been approved. Prior to any development on the property, the applicant will need to demonstrate legal rights through an approved well permit(s) to serve the full buildout of the development, including both Zone 1 and Zone 2. In addition, if an augmentation plan is required by the Division of Water Resources, then the approved augmentation plan will need to be submitted as well. Regarding irrigation water, it is understood that the property has rights to several ditches. Below is a description from the application regarding irrigation water. The property owner has significant raw water rights from several ditches, including the Basin Ditch, Middle Ditch, and Lower Ditch. These water rights will be maintained and utilized to provide irrigation support for polo fields, common areas, constructed wetlands and building lots within the community. Irrigation water will be provided by a raw water irrigation system with pond storage and a centralized wet well and pressurized pump station from one or more of the project's ditches. The Design Guidelines will prescribe maximum areas for spray irrigation within each lot. The preliminary engineering report conducted by Roaring Fork Engineering indicates that the well pump tested at 50-60 gallons per minute over a 24 hour test. The author of the report, Richard Goulding, PE, indicates that "50 gpm was used in the water supply analysis since it was more conservative. This level of production is enough to meet the water demands and storage for both Zone Districts 1 and 2." As a result of this water quantity test and analysis, it is Staff's opinion that the water supply quantity is adequate for full build out of Zone 1 and Zone 2. Regarding water quality, the preliminary engineering report conducted by Roaring Fork Engineering states the following. According to the Well Water Quality Analysis memo written by Resource Engineering, the results indicate the well water meets the basic EPA primary and secondary drinking water standards. Radionuclide testing results are still pending. If the results indicate the need to treat for radionuclides, the system will be designed, permitted and construction according to the Colorado Department of Health and Environment (CDPHE) standards. Further review of the application showed that the radionuclides were tested and the applicants engineer provided a statement that the results show compliance with Primary Drinking Water Standards. 22 BOCC February 20, 2018 DP For future water treatment, the preliminary engineering report states the following. The Owner may choose to install a water softener to treat the hard water. The water softener discharge would be sent to a drywell and not the septic systems. The Owners will also install a sodium hypochlorite injection system to provide disinfection and maintain a chlorine concentration in accordance with local and state requirements. Chlorine contact time would be provided using the buried potable water tank. As previously discussed, no other treatment is needed or being considered at this time. If treatment was needed in the future it would be designed, permitted and constructed according to the CDPHE standards. Comments from the Garfield County designated engineer (Exhibit 13), indicated that "The applicant should describe the potable water treatment that is proposed and where the equipment will be located." Prior to construction on the site, Staff recommends that the applicant provide additional detail on the potable water treatment and depict where it is to be located. Comments received from the Garfield County Public Health Department (Exhibit 12), note the following. The use of this drinking water system in Zone 1 indicates that it might meet the criteria of being a public water system under CDPHE's Regulation 22 if it "regularly serves an average of at least 25 individuals daily at least 60 days per year." If these conditions are met, the operator should ensure that the system is in compliance with drinking water standards. Alternatively, if connection to another public water and sanitation district's facilities becomes available, it is recommended that the Aspen Valley Polo Club PUD utilize that connection. The applicant subsequently provided an explanation from their engineer (See Exhibit 16) indicating that the water system for Zone 1 will be a Non -Public Community Water System while Zone 2 will be a Community Water System. Staff recommends a condition that the property owner obtain and maintain all necessary permits with CDPHE for these water systems. It is worth noting that the application was referred to the Division of Water Resources, however no comments were received. 7-105. Central Water Distribution and Wastewater Systems. Staff Comments: As noted previously, this amendment proposes to no longer serve the development with water and wastewater service from Mid -Valley Metro District. Instead, the developer would like to serve the newly reconfigured development with an onsite well and OWTSs and/or an onsite centralized wastewater treatment system. The applicant has represented that the nearest water and sewer lines for Mid Valley Metro District are approximately 3600 feet and 2800 feet to the east, respectively. As a result, the LUDC does not require connection to a centralized system since the available lines are in excess of 400 feet from the development. As the development is in excess of 15 dwelling units, the applicant is proposing a central water system served by an onsite well (See Section 7-104 for more detail on the water supply). The preliminary engineering report provided by Roaring Fork Engineering provided the following overview of the wastewater disposal for Zone 1. 23 BOCC February 20, 2018 DP As previously discussed in the domestic water section not all of the water used in Zone District 1 is directed to the OWTSs. All of the water, approximately 5,500 gallons, from the barn ADUs and bathrooms and the clubhouse will be sent to the onsite systems for treatment. Approximately 3,900 gallons will be directed to drywells onsite for infiltration. This includes water from horse washing, additional washing machine in each barn (ADU washing machine water is sent to the OWTSs), sinks and some of the hose bib water. No chemicals or hazardous material will be placed into the drywells from any of the previously mentioned sources that could contaminate the groundwater. Approximately 2,600 gallons will be land applied (hose bibs, etc.) or consumed by the horses. Three septic fields will be used in Zone District 1 to mitigate the development's wastewater and will be designed in accordance with the Colorado Department of Public Health and Environment's Regulation 43 and Garfield County regulations. The preliminary engineering report also provides the following explanation for the wastewater disposal in Zone 2. Zone District 2 would either treat its wastewater using OWTS's, if the lot sizes were large enough, or use a centralized wastewater collection and treatment facility. If OWTS's were used they would be designed according to Garfield County requirements. Any centralized collection and treatment system would be permitted through the Colorado Department of Public Health and Environment and adhere to all of their applicable standards/requirements. Comments received from the Garfield County Public Health Department (Exhibit 12) notes that "The total flows for each of the septic systems is near or at the threshold of 2,000 gallons per day based on CDPHE's Regulation 43." As a result, the Department recommends that the flows be monitored to determine if the flows exceed the CDPHE regulations for a public system. Staff recommends that the eastern most OWTS within Zone 1 serving the clubhouse be installed with an inflow monitoring device with records to be made available to Garfield County upon request. Comments from the Garfield County designated engineer (Exhibit 13) noted that "The Applicant should describe how the onsite wastewater treatment system (OWTS) setbacks from the water features will be achieved. Some of the OWTS are shown very near ponds and streams." Staff recommends that the applicant provide an evaluation of the distances of the OWTSs from water features and whether those distances comply with applicable regulations. This should be reviewed and accepted by the County designated engineer prior to construction on the site. In addition, the Garfield County designated engineer noted that "Future phases propose smaller, residential lots that likely would not be feasible for OWTS. A reasonable alternative is a wastewater treatment facility (WWTF). The application materials do not evaluate feasibility or future connections. The Applicant should connect the commercial buildings to a WWTF should one be constructed in the future." Table 7-105 of the LUDC requires that lots in new developments be at least 1 acre in size in order to allow for an OWTS on that parcel. While Zone 2 is to allow for a minimum lot size down to 0.25 acre, any parcel less than 1 acre and is to be developed with a use that requires water and wastewater facilities, then the lots will need to be served by a WWTF. Staff recommends that a condition be added requiring a WWTF should Tots be created less than 1 acre that would require water and wastewater facilities. In 24 BOCC February 20, 2018 DP addition, Staff recommends that should a WWTF be installed that the commercial facilities be connected to the system at the time the serving OWTS needs expansion, fails, or is replaced. 7-106. Public Utilities. Staff Comments: Adequate utilities appear to be available to serve the development. It is understood that the applicant will underground existing power lines serving the development. 7-107. Access and Roadways. Staff Comments: See Section E. Transportation and Circulation System, above for a description of the internal road network and accesses. The internal road designs and dimensions were reviewed by the County designated engineer who did not provide any comments on the proposal. It is understood that the applicant has applied for an access permit from CDOT, however the permit is not yet been issued nor has a Notice to Proceed. The application was referred to CDOT, who indicated that the development does not increase traffic impacts at the intersection of CR 100 and Highway 82 by 20% and as a result, does not trigger a CDOT access permit for this location. Access permits are necessary for the developments access onto Old Highway 82, however. CDOT recommends that the condition from TCI Lane Ranch requiring a right turn lane on CR 100 be carried forward to this development. The comments also note that the left turn lane on northbound Highway 82 onto CR 100 is short and needs to be lengthened, however these improvements are recommended to be completed by a project that triggers the 20% threshold. Staff recommends a condition that prior to construction the applicant obtain a CDOT Access Permit and a Notice to Proceed from CDOT for the two access points onto Old Highway 82. In addition, Staff recommends that the condition for improvements at the intersection of Highway 82 and CR 100 (right turn lane and center median) be carried forward. Comments from the Garfield County designated engineer on the access indicate that design drawings for the accesses and other improvements were not included with the application package. Design drawings for the access points should be submitted prior to issuance of a building permit within the PUD. Regarding the intersection of CR100 and Highway 82, these design drawings should be reviewed and approved by CDOT and Garfield County Road and Bridge at the time of Final Plat. These improvements should also be financially secured under the Subdivision Improvements Agreement (SIA). 7-108. Use of Land Subject To Natural Hazards. Staff Comments: The property has not been identified to be within any noted slope or soils hazard areas. In addition, the application provides the following overview of the geotechnical report conducted in 2008. In 2008 a Geotechnical report was produced by HP Geotech (Appendix G). This site was determined to be in the western Colorado evaporite region within the Carbondale collapse center. The report indicates that this creates a long term settling or subsidence rate between 0.5 and 1.6 inches every 100 years, which should have little significant impact on the proposed project. Twelve test pits were dug with a trackhoe with most depths ranging between 8 and 10 feet deep. The soil profile determined by the field exploration conducted on 25 BOCC February 20, 2018 DP January 10, 2008 shows 0.5 to 3 feet of topsoil overlaying 2 feet of silty sand in Pit 1 and relatively dense, silty sandy gravel containing cobbles and boulders in the remaining pits. This is said to be alluvial deposits. Logs of these exploratory pits and their locations can be found within the Geotech Report. The report also states that judging from Colorado State Engineer's well records this river alluvium consists of rounded gravel -to boulder size rocks in a relatively clean matrix extends to depths of 40 to 50 feet. Free water was encountered in some of the pits and groundwater has been known to elevate during seasonal runoff and times of heavy irrigation. Any below grade areas may require an underdrain system and water proofing. The lower portion of the property is within the 100 -year floodplain and also includes some jurisdictional wetlands. In 2010, the property owner received a Floodplain Development Permit from Garfield County for development in the floodplain within Zone 2 (Reception Number 786310). As long as the development site plan remains as is approved in this permit for this area of the development, this Floodplain Permit remains valid. As some of the property is located within the floodplain, much of the parcel can be vulnerable to flooding. Considering this in light of the proposed storm drainage, the Garfield County designated engineer noted that "Conveyances for storm drainage should be sized as necessary for the 25 -year event per the LUDC. The Applicant states that they will be sized for the 10 -year. The Applicant should verify the adequacy for a 25 -year event or a variance may be required." Staff recommends that the applicant address the sizing of the culverts for a 25 - year storm instead of a 10 -year storm in order to meet the requirements of the LUDC. Similarly, some development is proposed to occur within jurisdictional wetlands. It is understood that permits from the Army Corps of Engineers were received with the prior approval, but have since expired. Should it be necessary to obtain new permits for disturbance of jurisdictional wetlands, then these permits will need to be obtained prior to development of Zone 2. Comments received from the Garfield County Public Health Department express concern regarding the potential use of pesticides and fertilizers within close proximity to the Roaring Fork River and the Town of Carbondale's drinking water protection area. As a result, Staff recommends condition that requires proper storage and application of these chemicals in order to preserve the quality of the Roaring Fork River and the Town of Carbondale's drinking water supply. In addition, comments received from the Garfield County Public Health Department noted that while it was noted that there are no abnormal radiation levels on the property, all of Garfield County is considered at high risk for radon in buildings. As a result, Staff recommends a condition that all buildings with full-time enclosed conditioned space on ground level including residences, the clubhouse, cabins, and any meeting / gathering facilities be built with Radon Resistant New Construction (RRNC). 7-109. Fire Protection. Staff Comments: The application includes the following description of the proposed fire protection. 26 BOCC February 20, 2018 DP The design team has coordinated with the Carbondale and Rural Fire Protection District regarding proper fire and life safety design for the project. The barns with included dwelling units will require sprinkler systems within the dwelling units as well as fire separation from the barns. It was estimated that one 1000 -gallon tank will be required for each barn. This will provide 50 gallons per minute for a 20 minute duration. If the clubhouse is under 5,000 square feet or 100 occupants it will not require sprinklers, but if it exceeds either it will need to be sprinkled. Required fire flows and volume will be calculated and utilized to determine the final design. Dry hydrants will be placed around the site and connected to the onsite ponds for fire suppression. The application was referred to the Carbondale Fire Protection District, however no comments were received. The Garfield County designated engineer noted that "The Applicant states that water for fire protection will come from hydrants connected to the ponds. The Applicant should provide more information concerning how the volume in the ponds is allotted between fire protection, irrigation, and aesthetics. Pond surface areas for evaporation should be verified. It should also be verified that fire protection is an allowed use for the water from the irrigation ditches." A subsequent letter was submitted by the applicant's water attorney who provided an analysis of the fire protection water. While this demonstrates the legal ability to serve the property with fire protection using irrigation ditch water, further analysis is necessary to demonstrate adequate physical availability of the water particularly during the winter and times of drought. Staff recommends a condition that the applicant evaluate the legal availability of the ditch water for fire protection purposes as well as information on the physical availability of the water to the ponds for the proposed uses of irrigation, aesthetics and irrigation. In addition, the Garfield County designated engineer noted that "The Applicant should work with the Fire District to determine hydrant locations and spacing and how these would connect to the ponds." Staff recommends a condition of approval that the Applicant meet with the fire protection district to determine appropriate fire hydrant locations and provide an updated location sighting map with hydrant locations. 4. Rezoning Criteria. The PUD meets the Rezoning Review Criteria in section 4-113.C. SECTION 4-201 REZONING. Rezoning may be initiated by the Board of County Commissioners, the Planning Commission, the Director, or an Applicant for land use change. B. Rezoning Criteria. An application for rezoning shall demonstrate that the following criteria has been met: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; Staff Comments: The PUD was approved in 2009. The proposed amendment would increase the recreational and event uses while decreasing the number of dwelling units from 89 to 54. The property is located in an area that is characterized by recreational, agricultural and suburban level development. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; 27 BOCC February 20, 2018 DP Staff Comments: The PUD was approved in 2009. While it was determined that this standard was satisfied as part of the original approval to establish the PUD, this application is only an amendment to the previously approved zoning. The amendment will result in an overall decrease in the number of units from 89 to 54 while increasing the amount and intensity of recreational and event uses. Provided the prior development approvals for this parcel and the proposed uses reduced density residential and recreational / event uses, it appears that this amendment is consistent with this standard. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and Staff Comments: While the original 89 unit housing development was approved in 2009, the Roaring Fork Valley remains in need of housing. The proposal reduces the number of housing units to 54 (including 5 affordable deed restricted units) while increasing the size and intensity of the recreational and event uses. The proposed recreational uses, 2 regulation sized polo field and associated infrastructure, do not currently exist within the Valley and will increase the need for affordable housing in the valley. To this extent, while the proposed amendment may still help work toward the housing needs within the County, it will also provide a recreational amenity not currently available within Garfield County. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Staff Comments: The PUD was approved in 2009. While it was determined that this standard was satisfied as part of the original approval to establish the PUD, this application is only an amendment to the previously approved zoning. 5. Established Zoning Standards. The PUD Plan adequately establishes uses and standards governing the development, density, and intensity of land use by means of dimensional or other standards. Staff Comments: The provided PUD Plan, including the proposed PUD Map and PUD Guide appear to adequately establish uses and standards for the development. This PUD Map and Guide appear to meet the requirements of the LUDC, specifically Section 6-302(A), PUD Plan. VII. SUMMARY OF DISCUSSION POINTS AND ISSUES Due to the complexity of this application and number of issues addressed, this section of the Staff Report is intended to summarize those issues raised in the individual Standards discussions, above. 1. PUD Substantial Amendment Memorialization: Based on the complexity of the proposed amendment to the TCI Lane Ranch PUD, Staff recommends memorializing this amendment, if approved, as a Resolution which supersedes the previous TCI Lane Ranch Resolution of approval with Reception Number 2009-81. This said, some provisions within Resolution 2009-81 are still applicable and should be carried forward. For instance, CPW provided comments that are, for the most part, a summary of their recommendations in 2009. In addition, the TCI Lane Ranch PUD and Preliminary Plan identified the creation 28 BOCC February 20, 2018 DP of an Anglers Easement along the Roaring Fork River. As a result, Staff would recommend carrying those recommendations forward to the new Resolution. 2. Development of Zone 1 prior to Subdivision: While the LUDC allows for the development of a PUD without concurrent subdivision, there are certain provisions that need to be memorialized differently than if the PUD and subdivision were approved concurrently. In this case, as is discussed previously in this Staff Report, the property owner is looking to develop what is described as Zone 1 (2 polo fields, 5 barns, a maintenance barn, 12 dwelling units, a clubhouse, tailgating areas, 3 ponds, parking lots, and trails along with supporting road, water, and wastewater infrastructure) prior to subdivision of the property and the development of Zone 2 (42 dwelling units). As a result, final approvals and securities typically found in the Preliminary Plan and/or Subdivision Improvements Agreement (SIA) are not available at this point. Staff recommends that the parameters for the development of Zone 1 be captured within the Resolution of Approval for the PUD. This form is standard for approvals of Land Use Change Permits, however it is Staff's opinion that this form can also be utilized in this case to ensure conformance with certain development standards tagged to the issuance of building permits within Zone 1. 3. Wildlife: CPW provided comments indicating that certain measures should be taken to protect wildlife in the area. As a part of Resolution 2009-81, these requirements were to be included within Covenants of the subdivision. Since subdivision is not occurring concurrently with the PUD, Staff recommends that these requirements be ongoing conditions of approval for the development of Zone 1 and be incorporated into the covenants at the time the property is subdivided. 4. Access and Roadways: a) Internal Roads: The internal roadways have been reviewed and appear to meet the dimensional requirements of Section 7-107. As the development is occurring with development in Zone 1 occurring first and prior to subdivision, it is understood the internal roads that will eventually be the access roads to Zone 2 were designed to accommodate the full build out traffic demands. It is expected that these roads will be built to the standards in Section 7-107 and as represented in the application. This said, since subdivision is not occurring until after Zone 1 is built, the roads are considered private until that time when they will need to be dedicated to the public via the plat and used to serve the residential development in Zone 2. b) Access Points: The accesses are required to obtain a permit from CDOT. It is understood that CDOT will not be requiring offsite improvements outside the immediate parameter of the access points to Old Highway 82. Staff recommends that no building permits be issued within the development until the access permits are issued, the applicant has received the Notice to Proceed, and has completed all improvements as required by CDOT. c) Offsite Improvements: As CDOT indicated they will not be requiring offsite improvements, Staff is recommending carrying forward the requirement from TCI Lane Ranch that at the time of Subdivision the property owner improve certain aspects of the intersection of CR 100 and Hwy 82 at Catherine Store. These improvements would generally include a right turn lane onto up valley Highway 82 from CR 100 as well as a center median between the intersection of Old Highway 82 and CR 100 and Highway 82. The specific design is recommended to be provided at the time of Final Plat and secured through the Subdivision Improvements Agreement (SIA). The design is also 29 BOCC February 20, 2018 DP suggested to be approved by both CDOT and Garfield County Road and Bridge Department. 5. Phasing / Timing: The applicant has indicated that the phasing schedule is generally as follows: 2018-2019 — Zone 1 2019-2020 — Zone 2 Based on this schedule and the representation that the development timeframe is Tess than 3 years, a Development Agreement is not required at this time for vested rights. Staff would recommend that a deadline of 3 years from the date of PUD approval be added as a condition for the deadline to file a complete Preliminary Plan application for Zone 2. Once the Subdivision is submitted, a new phasing schedule, if necessary, may be presented and reviewed for that subdivision buildout. 6. Water: a) Quality: The application indicates that all primary drinking water requirements have been met. The application notes that some initial water treatment will occur, however did not provide a location for that treatment or details on the system. The final treatment design will need to be reviewed and approved by CDPHE as a non-public community water system (Zone 1) and a community water system (Zone 2). Staff recommends a condition that the applicant provide the location where that equipment will be located along with preliminary details on the system to be used for review by the County designated engineer. The County Public Health Department will have the opportunity to review the final version submitted for CDPHE review as well at a later date. b) Legal: The application notes that the well permit has been submitted to the DWR and the application have been submitted to Basalt Water Conservancy District but neither have yet been approved. Staff recommends a conditions that the applicant submit final approved copies of the well permit and Basalt Water Conservancy District permit prior to issuance of a building permit. It is understood that the water system will need to be permitted by CDPHE as a non- public community water system (Zone 1) and a community water system (Zone 2). Staff recommends a condition that the permit remain in good standing with CDPHE and that all water testing and monitoring be conducted as required. The well to be used for the development is proposed to be shared. At the time of subdivision a legal mechanism will need to be executed to allow for the physical and financial sharing of the well. 7. Wastewater: a) Flow Monitoring: It has been noted that the size of the proposed easternmost OWTS that serves the clubhouse is very close to the 2000 gallon per day limit for a public water system under CDPHE. As a result, Staff recommends a condition that the water inflow into the building(s) served by the OTWS be equipped with a flow meter. The 30 BOCC February 20, 2018 DP records from this inflow meter should be available for inspection to verify that the Systems are handling 2000 gallons per day or less. b) Setbacks: Prior to issuance of a building permit on the property for Zone 1, Staff recommends a condition that the setbacks from the OWTSs be verified from all surrounding water features. c) Future Subdivision: The LUDC prohibits OWTSs on lots that are less than 1 acre in size. As a result, should the future subdivision consist of residential and/or commercial lots that are less than 1 acre in size, then the development should be required to be accommodated by a centralized Wastewater Treatment Facility (WWTF). In addition, should a WWTF be developed within the PUD, then the Facility should be sized appropriately to accommodate residential and commercial uses from Zone 1. At the time the Facility is available and the OWTSs are being expanded, replaced, or fail, the residential and commercial uses from Zone 1 should be required to connect to that WWTF in order to protect long term water quality. 8. Affordable Housing: a) Affordable Housing Agreement / Plan: As the development is not proposed to be subdivided at this time (PUD), an Affordable Housing Agreement / Plan is not required. However, at the time when 15 or more lots are created within a "residential subdivision", the development is required to provide affordable housing per the LUDC. It is understood that the future subdivision on Zone 2 will create more than 15 lots while future subdivision of Zone 1 is also possible. As a result, an Affordable Housing Agreement / Plan will be required at that time. The general parameters for the affordable housing has been proposed within the PUD Guide and the future Affordable Housing Agreement / Plan is expected to conform to the PUD and LUDC guidelines. At the Planning Commission hearing on January 10, 2018, the question of whether Lots that do not have residential uses would count toward this 15 lot requirement for the development of an Affordable Housing Agreement. The opinion of the Planning Commission is that since the overall development is predominantly residential in nature (a "residential subdivision"), the subdivision of any lots within the PUD count toward the 15 lot minimum. In addition, since the outdoor recreation and entertainment portion of the development will create several jobs that will demand housing, this demand is further reason to count all lots within the development toward this requirement to create an Affordable Housing Agreement / Plan. Staff recommends a condition of approval that at the time of subdivision where 15 or more lots are created, the property owner should submit an Affordable Housing Agreement / Plan in conformance with the PUD Guide and LUDC that is to be reviewed and executed by the property owner and BOCC. b) PUD Guide: The proposed PUD Guide identifies in Section 7.7, Eligibility that "Eligibility for Affordable Housing Units will be determined by the Garfield County Housing Authority. Priority for Affordable Housing Units will be given to on-site employees who meet Eligibility requirements." Meanwhile the intent of the County inclusionary zoning is to "contribute to the Affordable Housing supply in the County, as reasonable and appropriate with consideration to the development's impact on the supply of Affordable Housing available to the local labor force." To this end, the purpose of the deed restricted Affordable Housing is to mitigate County -wide needs, 31 BOCC February 20, 2018 DP not only specific needs to the development as is desired by the applicant. It is Staff's opinion that the Affordable Housing created through Article 8 of the LUDC should be available to all eligible residents of the County and should not be in any way restricted or prioritized to those who work onsite. Should the developer feel that additional housing is necessary for onsite workers, then that housing should be developed separately and should not count toward compliance with the County inclusionary zoning standards from the LUDC. 9. Wetlands: It is understood that disturbance to some jurisdictional wetlands will occur at the time of development of Zone 2. In addition, while it is understood that these required permits from the Army Corps of Engineers were obtained previously, these permits have since expired. Staff suggests a condition of approval that the Applicant update the wetland determination for the properties prior to final plat as required by the Army Corps of Engineers. 10. Chemical Runoff: It has been noted by the Garfield County Public Health Department that due to the proximity of the residential development and Targe fields to the wetlands and Roaring Fork River, that the property owner(s) and managers need to be sure to apply all fertilizers, pesticides, and other chemicals in accordance with manufacturer recommendations in order to prevent contamination of public water resources. In addition, these chemicals need to be stored appropriately and in accordance with all laws and regulations. Staff recommends an ongoing condition of approval requiring responsible application and storage of pesticides, fertilizers and other chemicals and recommends that such a requirement be added to the CCRs at the time of subdivision. 11. Radon: The application notes that radon levels appear to be normal for the area. However, Garfield County Public Health noted that all of Garfield County is considered at high risk. As a result, Staff recommends a condition of approval that any building with ground floor residential and / or commercial occupancy (excluding barns, maintenance buildings, and greenhouses) be designed and built with Radon Resistant Construction. 12. Drainage: A review of the drainage plan by the Garfield County designated engineer noted that the drainage culverts in Zone 1 appear to have been designed for a 10 -year storm while the LUDC requires that they be designed for a 25 -year storm. Staff recommends a condition of approval that the size of the culverts either be verified for a 25 -year storm or the infrastructure be designed to accommodate a 25 -year storm as required. 13. Fire Protection: a) Irrigation Ponds: The application states that the ponds which are to be filled with irrigation water are also to be used for fire protection. The physical availability of this irrigation water to be used for fire protection does not appear to have been addressed in the application, however. The applicant did provide a letter from their legal counsel addressing legal and physical availability of the irrigation water, however preliminary reviews from the Garfield County designated engineer do not appear to be fully satisfied. Staff recommends a condition of approval that the physical ability of the irrigation water to be used for fire protection be verified to the satisfaction of the County designated engineer prior to issuance of a building permit. b) Fire Hydrants: The fire hydrants are proposed to be dry hydrants that draw water from the irrigation ponds. As is noted by the Garfield County designated engineer, the 32 BOCC February 20, 2018 DP property owner should meet with the fire protection district to verify the hydrant locations. Staff recommends a condition of approval that the developer meet with the Carbondale and Rural Fire Protection District to agree upon hydrant locations and provide a site plan for these locations to be reviewed by the Garfield County designated engineer prior to issuance of a building permit. VIII. INFORMATION SUBMITTED AFTER PLANNING COMMISSION HEARING On February 5, 2018, the Applicant submitted a letter addressing some concerns with the Staff and Planning Commission recommended conditions of approval (See Exhibit 19). Staff has provided a response to this letter in Section XII, below. IX. STAFF AND PLANNING COMMISSION RECOMMENDATION It is Staff's opinion that while there are still outstanding technical issues to be resolved with this PUD submittal, these items may be resolved through Conditions of Approval. Should these items be resolved in such a way that demonstrates conformance with the LUDC and Comprehensive Plan, then it is Staff's Opinion that the PUD can satisfy the requirements for approval. As a result, Staff recommends approval of the Substantial Modification to the TCI Lane Ranch PUD with the below recommend conditions. This application was heard by the Planning Commission on January 10, 2018. At this hearing the Planning Commission recommended Approval with Conditions to the Board of County Commissioners. The recommended Conditions of Approval are below. This recommendation is made by a vote of 6-1. X. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the request for a Substantial Modification to the TCI Lane Ranch Planned Unit Development (PUD) is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has adequately met the requirements of the Garfield County 2030 Comprehensive Plan. 5. That the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. XI. BOARD OF COUNTY COMMISSIONERS OPTION FOR APPROVAL WITH CONDITIONS Should the Board of County Commissioners consider a recommendation of approval the following conditions are recommended by Staff and the Planning Commission. As is discussed previously, since this Substantial Modification to the TCI Lane Ranch PUD significantly changes the character and nature of the PUD, Staff recommends a full 33 BOCC February 20, 2018 DP restatement and replacement of the latest PUD approval, memorialized by Resolution 2009- 81. Please Note: Applicable conditions of approval were carried forward from Resolution 2009- 81. However, as the Preliminary Plan that was approved under Resolution 2009-81 has since expired, future subdivision will require submittal of a new Preliminary Plan to be reviewed and approved under the current LUDC. As a result, conditions of approval that are no longer applicable due to the expiration of the Preliminary Plan such as impact fees, affordable housing details, certain plat notes, noxious weed and revegetation securities, and specific engineering and drainage requirements for Zone 2 were not included unless otherwise identified through this PUD review. These items will be reviewed again at the time of Preliminary Plan with updated comments and conditions provided at that time. RECOMMENDED CONDITIONS OF APPROVAL Conditions Prior to Issuance of a Building Permit within the PUD 1. Access Permit and Improvements: The accesses to the development from Old Highway 82 are required to obtain a permit from CDOT. Prior to issuance of a building permit within the PUD, the property owner shall obtain an access permit from CDOT, receive a Notice to Proceed, and complete all required onsite and offsite improvements. Copies of the design drawings, access permit, notice to proceed, and demonstration that the work has been completed shall be submitted to the Garfield County Community Development Department and accepted by the County designated engineer. 2. Well — Initial Water Treatment: The application notes that some initial water treatment will occur, however it did not provide a location for that treatment or details on the system. The applicant shall provide the location where that equipment will be located along with details on the system to be used. This site plan and system details shall be submitted to the Community Development Department and accepted by the County designated engineer. 3. Well — Permit and Augmentation Plan: The application notes that the well permit has been submitted to the DWR and the application has been submitted to Basalt Water Conservancy District but neither have yet been approved. Prior to issuance of any building permit within the PUD, the applicant shall submit final approved copies of the well permit and Basalt Water Conservancy District augmentation plan. These shall be reviewed and accepted by the Garfield County Community Development Department and the County Attorney's Office. 4. OWTS Setbacks from Water Features: Prior to issuance of any building permits within the PUD, the applicant shall verify that the setbacks from the OWTSs from all surrounding water features meets applicable regulations. This verification and/or any necessary amendments to the site plan shall be submitted to the Garfield County Community Development Department and accepted by the County designated engineer. 5. Drainage Culverts: A review of the drainage plan by the Garfield County designated engineer noted that the drainage culverts in Zone 1 appear to have been designed for a 10 -year storm while the LUDC requires that they be designed for a 25 -year storm. Prior to issuance of any building permits within the PUD, the applicant shall either verify the culverts are appropriately sized for a 25 -year storm or the infrastructure shall be designed to accommodate a 25 -year storm, as required. This verification and/or redesign shall be 34 BOCC February 20, 2018 DP submitted to the Community Development Department and accepted by the County designated engineer. 6. Irrigation Water for Fire Protection: The application states that the ponds which are to be filled with irrigation water are also to be used for fire protection. The legal and physical ability of this irrigation water to be used for fire protection does not appear to have been addressed in the application, however. Prior to issuance of any building permits within the PUD, the applicant shall verify the legal and physical ability of the irrigation water to be used for fire protection. This verification shall be provided to the Community Development Department and accepted by the County designated engineer. 7. Fire Hydrants: The property owner shall meet with the fire protection district to verify the hydrant locations. Prior to issuance of any building permits within the PUD, the developer shall meet with the Carbondale and Rural Fire Protection District to agree upon hydrant locations and provide a site plan for these locations. This site plan shall be submitted to the Garfield County Community Development Department and accepted by County designated engineer. nt,8. Affordable Housing Eligibility — PUD Guide: Prior to issuance of any building permits within the PUD, Section 7.7 - Eligibility, of the PUD Guide shall be amended to remove reference to priority for on-site employees for Affordable Housing developed to comply with Article 8 of the LUDC, as amended. This updated PUD Guide shall be reviewed and accepted by the Garfield County Community Development Department. 9. Wastewater Treatment Facility (WWTF): A note requiring connection to the WWTF at the time of Onsite Wastewater Treatment System (OWTS) replacement or expansion within Zone 1 or Zone 2 shall be added to the PUD Guide. Development and Ongoing Conditions 10. Local, State, and Federal Permits: The development of PUD shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits shall be obtained. 11. Wildlife: The property owner and / or operator of Zone 1 shall comply with the following requirements and recommendations by Colorado Parks and Wildlife: a) Fencing should be held to a minimum and any necessary fencing should be wildlife friendly. Details and specifications for wildlife friendly fencing can be found at: https://cpw.state.co. us/Documents/LandWater/PrivateLandPrograms/Fen cingWithWildlifelnMind. pdf i. Additionally, CPW encourages the applicant to work with adjacent landowners to replace current perimeter fencing with wildlife friendly options. b) Landscaping designs should preclude berry, fruit, or nut producing trees and shrubs to reduce attractants for bears and other wildlife. Homeowners 35 BOCC February 20, 2018 DP should be aware that CPW is not liable for any damage to landscaping from wildlife. c) All trash, horse grain/feed, and food -related items should be stored indoors or within bear -proof containers. Eliminating attractants for bears and other wildlife will reduce conflicts. This is especially relevant given that this property lies within the river corridor which is used heavily by various animal species. d) Proposed ponds should be constructed with at least one bank having a minimum slope of 3: 1, preferably 5: 1, to allow ingress and egress of wildlife. If plastic liners are to be used, a minimum of 18 inches of topsoil should be used on top of liners. e) Trails through riparian habitats should be minimized to the extent possible and provide adequate signage to keep users on designated routes. 12. Internal Roadway Design: The internal roadways shall be built to meet, at a minimum, the dimensional requirements of Section 7-107 of the LUDC, as amended, and as represented in the PUD Plan to accommodate full build -out of the PUD. 13. Phasing / Timing: Based on the proposed build out schedule (2018-2019 for Zone 1, and 2019-2020 for Zone 2) and this representation that the development timeframe is less than 3 years, a Development Agreement is not required at this time for vested rights. As a Development Agreement to vest rights in excess of 3 years has not been proposed, the Preliminary Plan for the subdivision of the PUD as proposed shall be submitted and deemed Complete within 3 years from the date of PUD approval by the BOCC. As a part of the Subdivision submittal a new phasing schedule, if necessary, may be presented and reviewed for the subdivision buildout. 14. Residential Development — Zone 2: No residential development shall occur in Zone 2 prior to approval of a subdivision Final Plat. 15. OWTS Flow Monitoring: The size of the eastern proposed OWTS within Zone 1 serving the clubhouse is very close to the 2000 gallon per day limit for a public water system under CDPHE. As a result, a water infow meter(s) shall be installed on the buildings served by this OWTS. The records from this water inflow meter(s) shall be available for inspection to verify that the System is handling 2000 gallons per day or less. 16. Storage and Application of Hazardous Materials: Due to the proximity of the residential development and large fields to the wetlands and Roaring Fork River, the property owner(s) and operators shall apply all fertilizers, pesticides, and other chemicals in accordance with manufacturer recommendations in order to prevent contamination of public water resources. In addition, these chemicals shall be stored appropriately and in accordance with all laws and regulations. 17. Radon: All of Garfield County is considered at high risk for radon. As a result, all buildings with ground floor residential and / or commercial occupancy and are enclosed and conditioned (excluding barns, greenhouses, and storage/maintenance buildings) shall be designed and built with Radon Resistant Construction. 36 BOCC February 20, 2018 DP 18. Wastewater Treatment Facilities (WWTF): Once a WWTF is established within the PUD, no new OWTSs shall be permitted. At the time a WWTF is available and an OWTS is being replaced or expanded within either Zone 1 or Zone 2, the residential and/or commercial uses served by that OWTS shall connect to the WWTF. 19. Water System: All water permitting, monitoring and testing shall remain in good standing with CDPHE as a non-public community water system or a community water system, as appropriate. Conditions Applicable at Time of Subdivision 20. Wildlife: The following recommendations by the CPW shall be added to the Codes, Covenants and Restrictions for the subdivision: a) Fencing should be held to a minimum and any necessary fencing should be wildlife friendly. Details and specifications for wildlife friendly fencing can be found at: https://cpw.state.co. us/Documents/LandWater/PrivateLandPrograms/Fen cingWithWildlifelnMind. pdf i. Additionally, CPW encourages the applicant to work with adjacent landowners to replace current perimeter fencing with wildlife friendly options. b) Landscaping designs should preclude berry, fruit, or nut producing trees and shrubs to reduce attractants for bears and other wildlife. Homeowners should be aware that CPW is not liable for any damage to landscaping from wildlife. c) All trash, horse grain/feed, and food -related items should be stored indoors or within bear -proof containers. Eliminating attractants for bears and other wildlife will reduce conflicts. This is especially relevant given that this property lies within the river corridor which is used heavily by various animal species. d) Proposed ponds should be constructed with at least one bank having a minimum slope of 3: 1, preferably 5: 1, to allow ingress and egress of wildlife. If plastic liners are to be used, a minimum of 18 inches of topsoil should be used on top of liners. e) Trails through riparian habitats should be minimized to the extent possible and provide adequate signage to keep users on designated routes. 21. Public Road Dedication: At the time of subdivision, all roads within Zone 1 and Zone 2 of the PUD shall be dedicated to the public on the subdivision plat. 22. Well Sharing Agreement: The well to be used for the development is proposed to be shared. At the time of subdivision a legal mechanism shall be executed to allow for the physical and financial sharing of the well between all users. 37 BOCC February 20, 2018 DP 23. Wastewater Treatment Facility (WWTF): a. The LUDC prohibits OWTSs on lots that are 1 acre or less in size. As a result, should the future subdivision consist of residential and/or commercial lots that are less than 1 acre in size, then these uses shall be accommodated by a centralized Wastewater Treatment Facility (WWTF). b. Should a WWTF be developed within the PUD, then the Facility shall be sized appropriately to accommodate all residential and commercial uses from Zone 1 and Zone 2. c. A note requiring connection to the WWTF at the time of OWTS replacement or expansion within Zone 1 or Zone 2 shall be added as a plat note on the Final Plat, and within the Codes, Covenants and Restrictions. 24. Affordable Housing Agreement / Plan: At the point 15 or more lots are created through subdivision, as defined in Article 8 of the LUDC, the development is required to provide Affordable Housing. As a result, at the time of Preliminary Plan submittal to create 15 or more lots, the property owner shall submit an Affordable Housing Agreement / Plan in conformance with the PUD Guide and Article 8 of the LUDC. The Agreement / Plan shall be reviewed, accepted, and executed by the property owner and BOCC. 25. Wetlands: It is understood that disturbance to some jurisdictional wetlands will occur at the time of development of Zone 2. In addition, while it is understood that these required permits from the Army Corps of Engineers were obtained previously, these permits have since expired. As a result, the Applicant shall update the wetland delineation for the properties and obtain all necessary permits as required by the Army Corps of Engineers prior to submittal of the first Final Plat. 26. Storage and Application of Hazardous Materials: Due to the proximity of the residential development and large fields to the wetlands and Roaring Fork River, the property owner(s) and operators shall apply all fertilizers, pesticides, and other chemicals in accordance with manufacturer recommendations in order to prevent contamination of public water resources. In addition, these chemicals shall be stored appropriately and in accordance with all laws and regulations. Provisions requiring responsible application and storage of chemicals shall be incorporated into the Codes, Covenants, and Restrictions at the time of subdivision. 27. Anglers Easement: At the time of subdivision, the property owner shall provide a public fishing easement along the Roaring Fork River to extend the angler's easement at Blue Creek Ranch. ac'28. Southeast BLM Parcel: As part of the public improvements to be constructed by the \?% Applicant and secured in the Improvements Agreement as part of the Final Plat Application, the Applicant shall construct a fence to a design specification consistent with the BLM's needs regarding preventing disturbance of the Ute's Ladies Tresses on the BLM parcel in the southeast portion of the development. 29. 100 -Year Floodplain: At the time of Preliminary Plan submittal, the applications shall include an analysis of the level of conformity with the proposed subdivision and the Floodplain Development Permit (Land Use Change Permit for Development within the Floodplain) issued under Resolution 786310. Should the proposed development conform with this Floodplain Development Permit, then this approval shall remain valid. Should the 38 BOCC February 20, 2018 DP proposed subdivision not conform to this Floodplain Development Permit, then the applicant will be required to either obtain a new Floodplain Development Permit or amend the existing approval. - '�` } �/ ��/, '�., S Gtr. (/ ,. %Ns S r(.'S,e(e 30. Offsite Improvements: The Applicant shall construct improvements to the intersection of c (><,.e,- �2 CR 100 and State Highway 82 as approved by CDOT and the Garfield County Road and ',7(, ✓i�� Bridge Department, as necessary, which includes a new right turn lane from northbound CR 100 to the up valley direction of State Highway 82. Additionally, the applicant will construct a raised or painted median, as recommended and approved by CDOT and/or Garfield County Road and Bridge Department, between the northbound and southbound directions on CR 100 adding additional safety to the turning movements. These improvements shall maintain full movement at the intersection of Old Highway 82 and County Road 100. These improvements are to be paid for exclusively by the developer within the context of the Subdivision Improvements Agreement. This final design approved by CDOT and the Garfield County Road and Bridge Department shall be included in the subdivision Final Plat Application. XII. STAFF RESPONSE TO ADDITIONAL SUBMITTAL LETTER As noted previously, on February 5, 2018 the Applicant submitted a letter addressing some concerns with the previous conditions approved as a part of the TCI Lane Ranch application as well as Staff and Planning Commission recommended conditions of approval (See Exhibit 19). The letter expresses concern or recommends changes to certain conditions, specifically Condition 1, 24, 27, 28, and 30. Staff's response to these concerns are outlined below. Responses are laid out in the same fashion as the submitted letter. Recommended Condition #1 (CDOT access permit improvements): The Applicant is requesting that the Condition be clarified to specify that the improvements prior to issuance of any building permits for the access are limited to those required by the CDOT access permit. It is Staff's opinion that this amendment is within the intent of the condition as written and has no issues with the proposal. Recommended Condition #24 (Affordable Housing Plan): As was discussed at the hearing with the Planning Commission, the Applicant would like to modify the threshold for submittal of an Affordable Housing Plan from that required within the LUDC. The LUDC requires that an Affordable Housing Plan be submitted with any "residential subdivisions proposing 15 or more lots...". The Applicant would like to modify this Code provision via the conditions of approval for the PUD to "15 or more residential lots". While the proposed residential subdivision and commercial / entertainment components could include lots that are not residential in nature, it is the opinion of the Planning Commission and Staff that the PUD as proposed is predominantly residential in nature and does constitute a "residential subdivision". As a result, Planning Commission and Staff recommend maintaining consistency with the LUDC leaving the condition as proposed in Section XI, above. Recommended Condition #27 (Anglers Easement): This condition was carried forward from the approval for TCI Lane Ranch as the current and past Comprehensive Plans encourage public access to rivers within Garfield County. The Applicant's concerns regarding this condition were discussed at the Planning Commission hearing. Both the Planning Commission and Staff agree that the angler's easement should be continued down this stretch of Roaring Fork River from the one existing on the Blue Creek development. As a result, Planning Commission and Staff recommend leaving the condition as proposed in Section XI, 39 BOCC February 20, 2018 DP above. It is also worth noting that amending this condition was not a part of the original application and has been suggested for change during the review process. Recommended Condition #28 (BLM Parcel Fencing): This condition was carried forward from the approval for TCI Lane Ranch. While Staff does not disagree that the fencing should be "wildlife -friendly", as the intent of the condition is to protect the Ute's Ladies Tresses on the BLM parcel, it is Staff's opinion that the BLM should remain as the authority in terms of the type of fencing necessary to achieve the goals for their property. As a result, Staff recommends leaving the condition as proposed in Section XI, above. It is also worth noting that amending this condition was not a part of the original application and has been suggested for change during the review process. Recommended Condition #30 (Off Site Road Improvements): This condition is predominantly carried forward from the TCI Lane Ranch approval and was discussed at the Planning Commission hearing. Generally, the condition requires the Applicant to complete improvements on the south side of the intersection of County Road 100 and Highway 82 including a center median (raised or painted) and a right hand turn lane onto Highway 82. These improvements would not be required immediately, but rather as a part of a future subdivision application and secured through the anticipated Subdivision Improvements Agreement (SIA). The details of the improvements would require review and approval by both CDOT and Garfield County Road and Bridge at the time of Final Plat. Construction level plans have not yet been proposed or reviewed for these improvements. Both the submitted traffic study and comments from CDOT indicate that additional improvements to the deceleration lanes on Highway 82 also need to be completed at some point, but have not been required as a part of the TCI Lane Ranch PUD and are not recommended as a part of this PUD amendment in order to maintain improvements that are proportional to the level of impacts associate with the proposed development. The proposed cost estimate was referred to the County designated engineer for review. In conversations with the County designated engineer, Staff understands that while the unit prices appear to be reasonable, the extent of the plans for the proposed improvements, the extent of the work, and the quantities could not be verified. So while Staff does not have reason to question the identified estimate, it is worth noting that without improvement plans the estimate cannot be fully verified and should be considered a rough estimate only. While the Applicant is proposing to pay the County what they consider a proportionate share of the intersection improvements, since these improvements were required as a part of the original approval for TCI Lane Ranch, the improvements are only required if and when subdivision occurs on the property, and it is a smaller more proportionate share of the overall improvements that have been identified as being needed at this intersection, Staff and the Planning Commission recommend leaving the condition as proposed in Section XI, above. It is also worth noting that amending this condition was not a part of the original application and has been suggested for change during the review process. 40 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. 0 My application required written/mailed notice to adjacent property owners and mineral owners. —�� Mailed notice was completed on the i day of.,)&v�) S\J , 20h All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the _ c day of 3A.An.\30,r , 2011 ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. - �� Notice was posted on the { day of kir% 20) Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signature: Date: Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 .6+dIZ "elPIS II IIIIIffIIll1ll 7017 0660 0000 5675 1869 7017 0660 0000 5675 1869 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Anne Menconi 63 Pinon Lane Carbondale, CO 81623 11 11 111 IIIII 11 11 1I 1111 11 9590 9402 2597 6336 2258 68 EXHIBIT a 1 7 - Anne Menconi 63 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY D. Is delivery ad es different from ite If YES, enterdeliery address belo ❑ Agent ❑ Addressee C. Date of Delivery ❑ Yes EI No 2. Article Number (Transfer from service label) 701? 0660 0000 5675 1869 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type 0 Adult Signature ❑ /Mutt Signature Restricted Delivery ertifled Mail® O Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® ❑ Registered Ma1ITM 0 Registered Mail Restricted Delivery 0 Retum Receipt for Merchandise ❑ Signature Confirmation,'" ❑ Signature Confirmation Restricted Delivery Domestic Retum Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 CEI IFIED MAIL' 1111111111111 7015 152C 0002 5400 0433 7015 1520 0002 5400 0433 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Aspen Waldorf Foundation 16543 Highway 82 Carbondale, CO 81623 1111111 1111111 111111111 111111 9590 9402 2597 6336 2301 07 Aspen Waldorf Foundation 16543 Highway 82 Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY Si: natu B. Rec - • ed (Printe OSIA ern , fra.t 0 Agent 0 Addressee .0. Date of Delivery D. delivery address int from item 1? 0 Yes YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7015 1520 0002 5400 0433 PS Form 3811, July 2015 PSN 7530-02-000-9083 3. Service Type 0 Adult Signature ❑ Adult Signature Restricted Delivery 6Y'Cedified Mail® ❑ Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 insured Mall 0 Insured Mail Restricted Delivery (over $500) O Priority Mail Express® 0 Registered Malin' 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature ConfirmatIonTM 0 Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 livi //II/I1i1IIIIIII!I 111NI 7017 0660 0000 5675 2385 7017 0660 0000 5675 2385 �d ar s, �ICii1OCiiJ egg gaa o m r • 3 3 iR R Av.N to a r n rD d SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: BLM United States of America .00 River Frontage Road Silt, CO 81652 11,1111,11„11,11!1,11151,119590IIIIIIIII940IIII2IIIIIII2597 II63111llilll36 III22690Illi2 2. Article Number (Transfer from service label) 7017 0660 0000 5675 2385 PS Form 3811, July 2015 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) BLM United States of America 2300 River Frontage Road Silt, CO 81652 0 Agent 0 Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Priority Mail Expresse 0 Adult Signature 0 Registered Mail'," ❑ ¢duft Signature Restricted Delivery 0 Registered Mail Restricted Certified Mail® Delivery 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmation," o Insured Mail 0 Signature Confirmation 0 Insured Mail Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 ijI IIIHHUll 111 7017 0660 0000 5675 1913 7017 0660 0000 5675 1913 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Blue Creek Ranch Homeowners Assoc. 105 Ponderosa Pass, # 24 Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Sig Iture B. Received by (Printed Name) Agent 0 A•dressee C 'ate D. Is delivery address different from item 1? 0 es If YES, enter delivery address below: 0 No 1. Article Addressed to: Blue Creek Ranch Homeowners Assoc." 105 Ponderosa Pass, # 24 Carbondale, CO 81623 11 1 1 111 11111 11 11 111111111 11 9590 9402 2597 6336 2301 52 2. Article Number (Transfer from service label) 701? 0660 0000 5675 1913 3. Service Type 0 Adult Signature 0 Ayult Signature Restricted Delivery Nrtertified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered Mail"' ❑ Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature Confirmation'' 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 7017 0660 0000 5675 2378 7017 0660 0000 5675 2378 O Cn S9SZ-LEZ08 OD '.aanuaa pue a8elsod 1 2. N w, 4)1 ` '3 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. is Attach this card to the back of the mailpiece, or on the front if space permits. o 0 C a m1�t • cn Lit .Ar 0 D T Cn •tu z m 0 t rn 0 _mn Carbondale Corporation 4582 S. Ulster St Suite 310 Denver, CO 80237-2565 COMPLETE THIS SECTION ON DELIVERY A. Signature I/ IiAgent 0 Addressee C. Date of Delivery oxif9 1 t.rr 1. Article Addressed to: Carbondale Corporation 4582 S. Ulster St Suite 310 Denver, CO 80237-256, H11 1411111 1111111 I IIIA I III 111 9590 9402 2597 6336 2269 19 D. Is delivery address diff t from item 1? 0 Yes If YES, enter delivery address below: No 2. Article Number (Transfer from service label) 7017 0660 0000 5675 2378 3. Service Type o Adult Signature O 6dult Signature Restricted Delivery va.Certified MOS 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® o Registered Mail" 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature Confirmation'. 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 " 11 1 11 1 1 11 1 7017 0660 0000 5675 0947 701? 0660 0000 5675 0947 ipopooR4' g 0 tn N et'l? a. J 0 a) Cr 7 0 o • o OF al rD 00 I -A LA.) R.f2 1 SENDER: COMPLETE THIS SECTION N Compete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. Jo Attach this card to the back of the rnaApece. Or on the front if space permits. 1. Article Addressed to: Carol E Grace 40 Pinon Drive Carbondale, CO 81623 111111111 11111111 COMPLETE THIS SECTION ON DELIVERY 11111111 111111111 9590 9402 2597 6336 2319 99 2. Article Number (Transfer from service labef) 7017 0660 0000 5675 0947 A. Sgnatu Xo S. Received bf (Printed Name) Carol E Grace 40 Pinon Drive Carbondale, CO 81623 O Agent Addressee C. Date Of Delivery 0. Is delery address different from tem f ES, enter delivery address becor. "1 El Yes 0 No 3. Service Type 0 Mutt Signature PiOdult Signature Restricted Delivery Cited Mali® 0 Certified Mail Restricted Newry 0 Collect on Delivery 0 Collect on Deiivey Restricted Delivery o Insured Ma 0 Insured Marl Restricted Delivery over $500) Priority Mail Express® o Registered 0 Registered Mail Restricted Dewe 0 Return Receipt for Merchandise C Signature Confirmation'. C Signature Confirmation Restricted Delivery t PS Form 11, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 ISI 7017 0660 0000 5675 0930 7017 0660 0000 5675 0930 Q. 0 n w v w 0. U.) m O 'rD rl x0..0 C 0 < O : (0 r— ln : 0 r C ri d pue eBelsod 1 z 0 CDu0[_1 0. cn 9� 3Go a a 11 3-n Ga EA 4n SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1:3 0 C o tti mcn 0 Qat E 33 rc 0 tn. m Catherine Court LLC 9723 W 83rd Avenue Arvada, CO 80005 COMPLETE THIS SECTION ON DELIVERY -0-Agent 0 Addressee . Received by (Printed Name) C 1Q,, C. Date 1 - of Delivery f 1. Article Addressed to: Catherine Court LLC 9723 W 83rd Avenue Arvada, CO 80005 11 1 1 111 11111 11 11 11 111 9590 9402 2597 6336 2259 05 D. Is delivery address diff rent from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 701? 0660 0000 5675 0930 3. Service Type D Adult Signature ❑ galult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect an Delivery Restricted Delivery D Insured Mail D Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® D Registered Mail,. D Registered Mail Restricted Delivery D Return Receipt for Merchandise D Signature Confirmation'. ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-0009053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 yb+d(Z.e ?S'AP £Z918 03 `alepuogaep ui 1 CERT IED MAIL" 11111111111111111 7015 1520 0002 5400 0457 7015 1520 0002 5400 0457 SENDER: COMPLETE THIS SECTION in Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Daniel Will Finney & Susan Anne King 313 Ponderosa Pass Carbondale, CO 81623 11 1 1 111 11111 11 III!II 1111111 9590 9402 2597 6336 2316 92 2. Article Number (Transfer from service label) 7015 1520 0002 5400 0457 PS Form 3811, July 2015 PSN 7530-02-000-9053 Daniel Will Finney & Susan Anne King 313 Ponderosa Pass Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received.. (Printed Name) 7)4A) IL D. Is delivery If YES, en ❑ Agent ❑ Addressee C. Date of Delivery 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery O Insured Mail 0 Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® 0 Registered Mai mr ❑ Registered ma Restricted Delivery 0 Return Receipt for Merchandise ❑ Signature Confirmation"' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt 1 Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen. Colorado 81611 1141 !it I ui lIi 7017 0660 0000 5675 1890 7017 0660 0000 5675 1890 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Gwen Elizabeth Thurman 64 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY B. R: T ived by (Printed Name) wef\ rwv n gent 0 Addressee C. Date of Delivery 1�(R IS 1. Article Addressed to: Gwen Elizabeth Thurman 64 Pinon Lane Carbondale, CO 81623 11 1 1 11111 11 111111 11 9590 9402 2597 6336 2301 69 D. Is delivery address different from item 1? 0� ,� Y If YES, enter delivery address below: ISYNo 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1890 3. Service Type ❑ Adult Signature ❑6d ult Signature Restricted Delivery certified Mail® 0 Certified Mall Restricted Delivery O Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered MaiiT'" 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise ❑ Signature ConfirmationTa 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 iii 1 11 1 1 1 1 7017 0660 0000 5675 1876 7017 0660 0000 5675 1876 SENDER: COMPLETE THIS SECTION a Compete items 1, 2, and 3. NI Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jeffery & Cory Didier 81 Gambel Oak Way Carbondale, CO 81623 11 1 1 111 11111 11 11 11 11 9590 9402 2597 6336 2258 75 o a a min LAS. m 0 > n* r m m 0 m - COMPLETE THIS SECTION ON DELIVERY A. ignature B. Pec Y Jeffery & Cory Didier 81 Gambel Oak Way Carbondale, CO 81623 0 Agent 0 Addressee ived by (Printed Narrie} C. Date of Delivery (/,ill very addrisss different from item 1? 0 Yes 3, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1876 3. Service Type ❑ Adult Signature o ytilt Signature Restricted Delivery 6YCertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mall Express® ❑ Registered Mali 0 Registered Mail Restricted Delivery Retum Receipt for Merchandise ❑ Signature Confirmation' , Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 0adtl'owe s,. IVI llIllhIflh1!IIIIIIIIIllIll IIIIII 7015 1520 0002 5400 0464 7015 1520 0002 5400 0464 �I.ba'JL o0C rn< N rD W .-r SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ie Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: John C Charters & Amy F Griffith 270 Bristlecone Drive Carbondale, CO 81623 11 1 1 1111111111 11 111111 1 111 9590 9402 2597 6336 2300 84 John C Charters & Amy F Griffith 270 Bristlecone Drive Carbondale, CO 81623 ::21 Addressee Re lved by (Printed Name) C. Date of elivery KCC 401,4415 I(2. I(i D. Is delivery address different from item 1 0 es If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7015 1520 0002 5400 0464 3. ❑A Service Type Adult Signature dult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restncted Delivery Insured Mail Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConflrmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 fn 0 o v� CI CCD 0 00 N 7017 0660 0000 5675 1807 7017 C7 H 0660 0000 5675 1807 n .... m L,L1000x. s m $m 3 ; io �1 IN V) CD Co CD cu3 -71e�F SENDER: COMPLETE THIS SECTION a rr) m ao as! a S m c/) • _• 10 air 11 m� D D MEMm 0 m Johnson Steele Family Trust 23 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Johnson Steele Family Trust 23 Pinon Lane Carbondale, CO 81623 11 1 1 111 11111 11 ILII 1 1111 9590 9402 2597 6336 2258 20 2. Article Number (Transfer from service label) . 7017 0660 0000 5675 1807 Agent 0 Addressee C. Date of Deli ery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: [D'No PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type 0 Adult Signature ❑ Adult Signature Restricted Delivery Vertifled Mail® 0 Certified Mail Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ insured Mail ❑ Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® O Registered Mail, 0 Registered Mall Restricted Delivery 0 Return Receipt for Merchandise O Signature Confirmation" o Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 CERTIFIED MAIL' 11 1 111 1111111111 1 1111111 7017 0660 0000 5675 0954 7017 0660 0000 5675 0954 0 5 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jose A & Diana Marie Alcantara 30 Pinon Lane Carbondale, CO 81623 111 1111111111111] 1 1 IIII 111111111 9590 9402 2597 6336 2320 02 c) 0 c mm 9) it 1 .1:1 o rn -- o u) ,z to A 5' r 0 3 m 0 m 13 Jose A & Diana Marie Alcantara 30 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Signatur X B Received by (Proted Name) 0 Agent 0 Addressee C. Date Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Trans(er from service label) 7017 0660 0000 5675 0954 3. Service Type Adult Signature 0 Adult Signature Restricted Delivery 44er-tined Mai* O Certified Mail R6615cted Osaieri C Coilecs sn eii.-4' o Collect or Deliver:, Restricted Delivery Insured AIM insured Mail Restricted Delivery (over 4.500 0 Priority Mad ExpreSse o Pesters Mee" 0 Pelsteded Mail Restricted Delrvery Return Receipt tor Merchandise o Signature Confirmation'. 0 5Ginature C3rifirmanon Restricted Denver, PS Form 3811, July 2015 PSN 753G-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 ER I I 1 1 7017 0660 0000 5675 1814 7017 0660 0000 5675 1814 000002 o tNo O Cr o = _� (DD m- o Q. : :m rD j m �roro o CO F-. 6 n o y a $ D 3 3 D R • 0 J. �0\ SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Joseph E Enzer 29 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Si•.gure al Agent 0 Addressee C. Date of Delivery x--19 1. Article Addressed to: Joseph E Enzer 29 Pinon Lane Carbondale, CO 81623 11 1 1 111 111111 11 11 11 1 11 9590 9402 2597 6336 2258 37 D. Is dative address different from item 1? 0 yes If YES, enter delivery address below:o 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1814 3. Service Type 0 Adult Signature 060ult Signature Restricted Delivery VCertified Mall® ❑ Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail O Insured Mall Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered Mailn^ ❑ Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature Confirmations 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 ER iFIE 1 MAIL e dtd7 :61,PS 'APO 11 I IIllhIIIIIIII 11 11111111 IIII 7017 0660 0000 5675 1852 701? 0660 0000 5675 1852 9 0 0 .m 6 0 v r SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Is Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or an the front if space permits. 1. Article Addressed to: Kendall & Judith K Evans 45 Pinon Lane Carbondale, CO 81623 11 1 1 111 11111 11 11 1111 11 11 9590 9402 2597 6336 2258 51 Kendall & Judith K Evans 45 Pinon Lane Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Sigr(atun LY Agent X ��� 0 Addressee B. Riv y (Printed Name) C. Date of Delivery aktdi/ ? t—lci—l( D. Is delivery address different from item 17 0 s if YES, enter delivery address below: No 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1852 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type O Adult Signature 0 N1ult Signature Restricted Delivery ertified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery ❑ Collect on Delivery Restricted Delivery 0 Signature ConfirmationTM 0 Insured Mail 0 Signature Confirmation 0 Insured Mail Restricted Delivery Restricted Delivery (over$500) 0 Priority Maii Express® 0 Registered Malin" 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 iii I I I I I I I 111 I I II I II I 1 I I 7015 1520 0002 5400 1461 7015 1520 0002 5400 1461 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. n c m cn Mj ."40 oma vm E m n m COMPLETE THIS SECTION ON DELIVERY A • ture X r- tceived by (P • e Lada 2005 Community Property Trust 2860 Augusta Drive Las Vegas, NV 89109 ❑ Agent 0 Addressee Date of Delivery 1. Article Addressed to: Lada 2005 Community Property Trust 2860 Augusta Drive Las Vegas, NV 89109 11 II III IIIII 1 1111 111111 1 11 1 11 9590 9402 2597 6336 2301 14 2. Article Number (Transfer from service label) 7015 1520 0002 5400 1461 PS Form 3811, July 2015 PSN 7530-02-000-9053 different from item ? 0 Yes CO S, a ,• address below:', ❑ No ill 3. Service Type O Adult Signature O Adult Signature Restricted Delivery certified Mail® O Certified Mall Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery O Insured Mail O Insured Mail Restricted Delivery (over $5001 ❑ Priority Mail Express® ❑ Registered MaiirM ❑ Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmationm O Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 i 11 1 1 7017 0660 0000 5675 0985 7017 0660 0000 5675 0985 n t� ro 0 UV 86V4SOd lei SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Louise B & Matthew D Hunt 245 Ponderosa Carbondale, CO 81623 11 1 1111 1111111 III 11 11 11 111 9590 9402 2597 6336 2258 06 • m Y•33 k" M 1 0 D m 33 m 0 m COMPLETE THIS SECTION ON DELIVERY A. ,5igna Louise 8 & Matthew D Hunt 245 Ponderosa Carbondale, CO 81623 0 Agent x`�- ` ID Addressee B. ec eived by (Printed Name) C. Date of Delivery L. from item 1? 0 Yes below: 0 No 2. Article Number (Transfer from service laben 7017 0660 0000 5675 0985 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type Q Adult Signature o iidult Signature Restricted Delivery SYCertified Mail® Q Certified Mail Restricted Delivery ❑ Collect on Delivery Q Collect on Delivery Restricted Delivery Q Insured Mail Q Insured Mail Restricted Delivery over $500) 0 Priority Mail Express® Q Registered Maim o Registered Mail Restricted Delivery o Return Receipt for Merchandise Q Signature ConfirmationrM Q Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 n 11111 II 111 11 III 7017 0660 0000 5675 2392 7017 0660 0000 5675 2392 ; r) N r su 01 c Ql 0 2 m — m G 0o I g Cu nl- n o m �� to a fa: v �. iw SENDER: COMPLETE THIS SECTION II Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ' ■ Attach this card to the back of the mailpiece, . or on the front if space permits. 1. Article Addressed to: Luther E & Diana G Moore 16611 Hwy 82 Carbondale, CO 81623 11 I 111 11111 IIS 11111111 I I 9590 9402 2597 6336 2301 21 33 m 0 m Luther E & Diana G Moore 16611 Hwy 82 Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent 0 Addressee C. Date of Delivery om item 1? 0 Yes below: 0 No 2. Article Number (Transfer from service label) 7017 0660 0000 5675 2392 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature O Eidult Signature Restricted Delivery edified Mail® 0 Certified Mail Restricted Delivery O Collect on Delivery o Collect on Delivery Restricted Delivery 0 Insured Mail o Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® O Registered Mail'. 0 Registered Mail Restricted Delivery o Return Receipt for Merchandise ❑ Signature Confirmation'. ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 +dII 'eielS ''APO 1 1 11 1 1 11 1 7017 0660 0000 5675 1906 701? 0660 0000 5675 1906 W ^ fA 2. CO - sucy off= n!x O v r, O0 -.j m 90 3 Cr fDfD 0 N �0 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Randall Scott & Kimberly Renee Dahl P.O. Box 757 Basalt, CO 81621 1111 1 11111 11111 1111 1111111 11 9590 9402 2597 6336 2301 76 1 E30 m cn • "• :o — w v(f) E m 0 -u COMPLETE THIS SECTION ON DELIVERY A. Signature B. Re�_ceived by 11.1! (Printed�Ne) 24 T 'k1 ! `- Randall Scott & Kimberly Renee Dahl P.O. Box 757 Basalt, CO 81621 0 Agent ID Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 701? 0660 0000 5675 1906 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type 0 Adult Signature 0 6dult Signature Restricted Delivery N*Dertified Mail@ 0 Certified Mall Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Maii Express@ 0 Registered Man' 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature Confirmation" 0 Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 II4 llhIIIIIllhIIIII 1111111111111 ti 7015 1520 0002 5400 0440 7015 1520 0002 5400 0440 o I a n N=stn a - 5 z< v A t 6i 6 A tin• iD o�Q m n {n O t0 � A < Vf O `tnD m Q n N* "CI 0 or -1U 20 0 3 m NN -1. N r CD Ch e -r c a SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. - �pp •�G one mcn' - v - M C7 co G CD' m 0 m .o Richard P & Terri L Slivka 945 S Elizabeth Street Denver, CO 80209 COMPLETE THIS SECTION ON DELIVERY by (Printed Name) C1.Agent ddressee C. Date of Delivery 1. Article Addressed to: Richard P & Terri L Slivka 945 S Elizabeth Street Denver, CO 80209 11 1 1 111 11111 11 111111111 1111 9590 9402 2597 6336 2300 91 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No (A. 2. Article Number (Transfer from service label) 7015 1520 00025400 0440 3. Service Type ❑ Adult Signature ❑ pduit Signature Restricted Delivery Certified Mail® O Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Insured Mail 0 Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered Mailm, ❑ Registered Mail Restricted Delivery O Return Receipt for Merchandise ❑ Signature Confirmation" ❑ Signature Confirmation Restricted Delivery 1 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Retum Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 II 1 IIIIiIIIIIIII llIIIllhIII 7017 0660 0000 5675 2408 7017 0660 0000 5675 2408 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. w h Roaring Fork Transportation Authority 530 E Main Street Aspen, CO 81611 COMPLETE THIS SECTION ON DELIVERY fa -gent 0 Addressee C. Date of Delivery 1. Article Addressed to: Roaring Fork Transportation Authority 530 E Main Street Aspen, CO 81611 11 1 1 111 11111 11 11 1 11 11 9590 9402 2597 6336 2269 26 D. Is delivery addre s different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (transfer from service label) 7017 0660 0000 5675 2408 3. Service Type 0 Adult Signature o 6dult Signature Restricted Delivery ert5ed Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery (over $500) O Priority Mail Expresse 0 Registered McVIT." 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature ConfirmationTM' 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 CER !IED MAIL 1 1 11 111117015 152C 0002 7015 1520 0002 1 •.QN '!dypus IOW 5400 0426 5400 0426 o fU "69 yll000yCim W a k n x m d C �it 441 i' i� 1 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, or on the front if space permits. 0C m73 cn • —I 2? mom' o �GI r iD3 rn 0 -o Robert & Karen Purdy 301 Ponderosa Pass Carbondale, CO 81623 COMPLETE' THIS SECTION ON DELIVERY A. Sig•.t re X 4.4ent 0 Addressee C. DatP of D�0 BtY 1. Article Addressed to: Robert & Karen Purdy 301 Ponderosa Pass Carbondale, CO 81623 11 1 1 111 11111 11 111111 11 1111 9590 9402 2597 6336 2301 45 D. Is delivery address differe from item 1? 0 Yes If YES, enter delivery address below: aKlo 2. Article Number (Transfer from service label) 7015 1520 0002 5400 0426 3. Service Type 0 Adult Signature ❑ 9dult Signature Restricted Delivery iMrCertified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered Mail„” 0 Registered Mail Restricted Delivery O Retum Receipt for Merchandise 0 Signature Confirmation,'" 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 CERTIFIED MAIL 1 701? 0660 0000 5675 0978 7017 0660 0000 5675 0978 ; o o 00 A. 0o ty g o n o Oao -1 v (:13 ;d d N' 0-00 F-+ •P.0 Z 0) ;O 3 0) O C mc) 33 hoc D 0 -u SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: tonald R & Marian C Norman 808 Roaring Springs Road Fort Worth, TX 76114 11 1 1 111 11111111 1111 11 11 9590 9402 2597 6336 2320 26 COMPLETE THIS SECTION ON DELIVERY A. Si' Lure r / Receiveby (Printed Name) ie -)Vi Ronald R & Marian C Norman 808 Roaring Springs Road Fort Worth, TX 76114 ❑ Agent Addressee C. Dat of Deli ry nf" ❑ Yes !o D. Is delivery address different from item 1 If YES, enter delivery address below: 2. Article Number (transfer from service labetj 7017 0660 0000 5675 0978 3. Service Type ❑ Adult Signature ❑ iduit Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery O Collect on Delivery Restricted Delivery ❑ Insured Mail 0 Insured Mail Restricted Delivery (overS500) o Priority Mail Express® 0 Registered MailTM ❑ Registered Mall Restricted Delivery O Return Receipt for Merchandise ❑ Signature Confirmation'" ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 III IHIIIIIllh1 ll 7017 0660 0000 5675 1845 7017 0660 0000 5675 1845 CM VI 4111 -a 0 a 611 o. L 9 SENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. a Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Scott & Mclean Bayens 33 Pinon Lane Carbondale, CO 81623 11 1 1 111 11111 11 11 11 11 111 9590 9402 2597 6336 2258 44 O 0 C m cn cr` —1 0 oma' CI v> m D r fD m 0 m COMPLETE THIS SECTION ON DELIVERY A. Si X '✓! 8. Riv by ( anted Name) SciIf ari6, D. Is delivery address different from item 1? 0 Y,es If YES, enter delivery address below: Q'No Scott & Mclean Bayens 33 Pinon Lane Carbondale, CO 81623 GI/Agent 0 Addressee C. Date of D livery 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1845 3. Service Type ❑ Adult Signature 0 yduft Signature Restricted Delivery ertified Mae ❑ Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery O Insured Mail 0 Insured Mail Restricted Delivery (over $500) O Priority Mail Expresse ❑ Registered Mas O Registered Mall Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmation,' O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 II I I 11111 1111111 II 11 7017 0660 0000 5675 1791 7017 0660 0000 5675 1791 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3, ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. mic a-15 "i0 ?1( 4 Q 0 3> 5. a 3 m n m -a COMPLETE THIS SECTION ON DELIVERY ved Eby) (printed Q1 4 Stacie Lynn Hixson 11 Pinon Lane Carbondale, CO 81623 0 Agent 0 Addressee C. Date of Delivery 1. Article Addressed to: Stacie Lynn Hixson 11 Pinon Lane Carbondale, CO 81623 II 1 1 111111111 I 11 11 1111 11 11 II1I 9590 9402 2597 6336 2258 13 s delivery address different from item 1? 0 Yes if YES, enter delivery address below: 0 No 2. Article Number (Transfer from service label) 7017 0660 0000 5675 1791 3. Service Type ❑ Adult Signature ❑6d ult Signature Restricted Delivery tpertified Mair 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery ❑ insured Mail 0 Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® O Registered Mail", ❑ Registered Mail Restricted Delivery O Return Receipt for Merchandise ❑ Signature Confirmationtm ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I AI Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 n ro z iii 1 1 1 1 11 1 1 7015 1520 0002 5400 0419 7015 1520 0002 5400 0419 b ro cso rV' S trs o f'1 C O O:;;r 00 rD Q —' 3 v W v v a. m - 0) c :-r rD 0 a um, —o u SENDER: COMPLETE THIS SECTION ■ Cor?iplete items 1;2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. oaa❑© n nn r; a c a n z c m a a E ,>r O ro r:1 t.J cc; rn in .Nn.33 �1 'a n -7 0 z > r. m 0 m -c Titahotwo Limited Partnership RLLLP 4582 S. Ulster St Parkway Suite 410 Denver, CO 80237 COMPLETE THIS SECTION ON DELIVERY A. Signature X C6i. u ,8`. gent 0 Addressee 1. Article Addressed to: Titahotwo Limited Partnership RLLLP 4582 S. Ulster St Parkway Suite 410 u, Denver, CO 80237 11 1 1 111 11111 11 111111 1$ 11 9590 9402 2597 6336 2301 38 B. Re eived by (Printed Name) (/ C. Date of Delivery D. Is delivery address diff t from item 1? 0 Yes If YES, enter delivery address below: No 2. Article Number (Transfer from service label) 7015 1520 0002 5400 0419 3. Service Type 0 Priority Mail Express® ❑ Adult Signature 0 Registered MaiFTTM 09t h Signature Restricted Delivery 0 Registered Mail Restricted P`ertified Mail® Delivery ❑ Certified Mall Restricted Delivery 0 Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmation." ❑ Insured Mail 0 Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over 8500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 144 llhIlIIlIIIIII4I 1111 i 701? 0660 0000 5675 1883 7017 0660 0000 5675 1883 a. Q 45 �) ;n o w ;l) 3 a Cr n O �c m CO m N (T.) rJ.1 (1). s SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. a m ,co i p '17M -•M a G E C 33 m 0 m .o Victor A & Jane E Giannelli 67 Gamble Oak Way Carbondale, CO 81623 COMPLETE THIS SECTION ON DELIVERY A. Signator, X B. Rec ived by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery 1. Article Addressed to: Victor A & Jane E Giannelli 67 Gamble Oak Way Carbondale, CO 81623 1111 1 1 111 11111 11 11 11 11 111 9590 9402 2597 6336 2258 82 2. Article Number (Transfer from service label) 701? 0660 0000 5675 1883 PS Form 3811, July 2015 PSN 7530-02-000-9053 erent from itemi? ❑ Yes ress below: 0 No 3. Service 0 Adult Signature 0 tydult Signature Restricted Delivery "Certified Mafia 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mall 0 Insured Mail Restricted Delivery (over $500) 0 Priority Mail Express® 0 Registered MiITM 0 Registered Mail Restricted Delivery 0 Return Receipt for Merchandise 0 Signature ConfiirmationTM 0 Signature Confirmation Restricted Delivery Domestic Return Receipt Aspen Polo Partners, LLP 715 West Main Street, Suite 201 Aspen, Colorado 81611 IEI llhI'IiItiIIIIIIiiI llIll! III!I1 7017 0660 0000 5675 0961 7017 0660 0000 5675 0961 R 6+dIZ 'ele1S a a OJ 0 3 r� ro SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: William 1 Devers, III & Christian Michaels 277 Ponderosa Pass Carbondale, CO 81623 11 1 1111 11111 II 111 1111111 1 111 9590 9402 2597 6336 2320 19 2. Article Number (transfer from service label) 701? 0660 0000 5675 0961 PS Form 3811, July 2015 PSN 7530-02-000-9053 ?. Ci COMPLETE THIS SECTION ON DELIVERY ,fie Regeived by Pr— / 70— . -. Name) i rr t William 1 Devers, III & Christian Michaels 277 Ponderosa Pass Carbondale, CO 81623 ❑ Agent 0 Addressee C. Date of Delivery om item 1? 0 Yes below: 0 No 3. Service Type ❑ Adult Signature 0 laiuit Signature Restricted Delivery NrTertified Mail® 0 Certified Mail Restricted Delivery 0 Collect on Delivery 0 Collect on Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery over$500) D Priority Mail Express® 0 Registered MailT. 0 Registered Mail Restricted Delivery L! Return Receipt for Merchandise 0 Signature ContimlatlonTM 0 Signature Confirmation Restricted Deliver/ Domestic Return Receipt LAND WEST Project Name: File Number: Date Posted: Date Photographed: D 5 EXHIBIT PLANNING I LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES POSTING OF NOTICE TCI Lane Ranch PUD Substantial Amendment to the PUD PUAA-10-17-8586 January 15, 2018 January 15, 2018 Sign 1 (West) — Posted on northern property boundary facing CDOT Right of Way. Sign 2 (East) — Posted on northern property boundary facing CDOT Right of Way. 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 970.37:. 415) Page 1 of 1 Ad #: 0000180243-01 Customer: LAND WEST PLANNING, Your account number is: 10014705 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD 1, Samantha Johnston, do solemnly swear that I am Associate General Manager of the RIFLE CITIZEN TELEGRAM, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State 4l9gppRARnexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 1/18/2018 and that the last publication of said notice was dated 1/18/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 1/22/2018. Samantha Johnston, Associate General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 1/22/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JERI LYNN ME01kC NOTARY PUBLZ STATE OF WILISADO NOTARY !0:25154029599 YiCA8530894111fiSN)006 q7 PUBLIC NOTICE TAKE NOTICE that Aspen Palo Fanners, LLP. ray. Lvented by Jon Freden0ks 01 IandOesl Colorado, LC, has app lad Io the Boa, of County Cnmmia- , Ga11eld County, State of Colorado, bquestCommis- sioners. approval lora 081S1)ub8a0t41o4mic AngnemCeounl to pyyapproved PUE1 ( ,4 288)pw01under Raeol 80N2e0087r1ey 4 01811043.5181! 040401900:10-00: Legal Description. A TRACT OF LAND SIT. UATED IN LOTS 8, 9, AND 10 OF SECTION 3 AND IN LOTS 5 AND 13 OF SECTION 32, ALL IN TOWNSHIP 7 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, LYING SOUTHERLY OF AND Awa CENT TO THE SOUTHERLY RIGHT OF WAY LINT OF OLD STATE HIGHWAY 82 AND BEING MORI PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON SAID 50UTIERL` RIGHT OF WAY LME WHENCE A STONE FOUR( IN PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N 26 DEGREES 00 43' E 143352 FEET THENCE S 79 DEGREES 58' 50' E 2125.37 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER: THENCE ALONG THE WESTERLY BOUNDARY LINE OF SND PAROPt ON THE FM I MIRO TWO (p COURSES: S 04 DEGREES 55' W W 4610 FEET: THENCE S 01 DEGREES 00' E 861.25 FEET TOA POINT ON THE NORTHERLY RIGHT Of WAY LINE OF THE ROARING FORK TRANSrt AUTHORITY RAIUSOAD RIGHT OF WAY, THENCE 189.57 FEET ALONG SAID NORTHERLY RAILROAD RIGHT OF WAY LME ON THE ARC OFA 150889 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S 54 DE- GREES 32' 43' W 189.49 FEET TOA POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT la THENCE N 89 DEGREES 54' 14' W 651.37 FEET ALONG THE SOUTHERLY BOUN- DARY LINE OF SAID LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 19 THENCE S 00 DEGREES 10 32' E 354.80 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 10 TOA POINT IN THE CENTER OF THE ROARING FORK RIVER: THENCE ALONG THE CENTER OF SAID ROARING FORK RIVER ON THE FOLLOWING SEVEN (71 COURSES: S 88 DEGREES 32' 24' W 197.50 FEET THENCE S 75 DEGREES 32' 25' W 123.90 FEET THENCE 5 89 DEGREES 29'25" W 110.54 FEET THENCE 009 Tr DEGREES 4T 47. W 316.40 ET THENCE D 62 DEGREES 48' 27. FE W 324.47 FEET THENCE 552 DEGREES 48'847 W 12487 FEET THENCE 4 ST DEGREES EEE S W 23529BOUNDARY FEET TO A POINT ON THE EASTERLY 8000 AS EINE TI BLUE CREEK 3K RANCH RECORDED AS THE GARFIELD NO. 023535 IN THE RECORDS OF THE G THENCE COUNTY THE1006 AND RECORDER;8000085 THENCE ALONG 6 TME EEK ERLYRANCH BOUNDARY UNE NG 5410 BLUE E CREEK RANCH ON THE S 10' OWING THREE.64 1315: THENCE N 80 DEGREES 54' 3T W 231.48 FEET: THENCE N 00 DEGREES 04' 14' W 26775 FEET THENCE N S0 DEGREES 02 13' W 6*7 FEET TO THE SOUTHWEST CORNER 03 A PARCEL OF LANG GARFIELD 0 IN BOOK RE OT PAGE 511 OF 514600805 12TY RECORDS: FE: THENCE 529 DEGREES 52' 00 E 27BOUN- DARY LINE OF TET HE PARCEL DESCRIBETHERLY EDDUIN SAID BOOK 333 AT PAGE 611 TO THE SOUTH. EAST CORNER OF SAID PARCEL: THENCE N OC DEGREES 02'13' W 166.60 FEET ALONG TH1 EASTERLY BOUNDARY LINE OF SAID FARCE! TO THE POINT OF BEGINNING: GARFIEI0 COUNTY. COLORADO. Practical Description: A parcel totaling 100.443 m located approximately 4 miles east of the Town of Carbon004 o8 N0 Slob Highway 82 Ac Gess Road and known as Parcel Number 239131100033. The moperry has an address o 16411 OLD STATE HWY 82 CARBONDALE 81623. Project Description; The Applicant a request- ing to modify 80 PUO as approved In 2008 01 TC Lane Rano (Resolution 200971 and 2006614 to allow for 00 proposed uses to include provisions la additional agricultural uses 448th equestrian Iac98as, including 000 regulation size polo Oe01 This in etudes a01610 purpose 58 04 40. structures, Or mprove1046409, mens la 80 W Tose of accommodating, breeding, 1010 V1melrWaeor carpelrgar4a::°rlad poloLn ding nl fi lds. co. ls, tr hal., riding rope, me d s's.: polo d oleo reduce tracks. or hails. The emends's.: pb ti4 reduce currently 84 number of residential eHsuni 1 8920014 11 09.81 eprove0 under ropoly014 zoned P and 2009Ef p 54 unix. The Property 1 zoned PUD. by Mser and slaatel dlnr views, prthe otestsor support. If you cannot appear personally at such hearing, thyou are urged s018 s DY 0081, ae e Board of County Commissioners will give con owners. end anesnen«tma0 surrounding apart ether to grant or deny the request The application may may be tl al the office IN the Planning Department reviewed at 106 8N 50004. Suite 401, Garfield oun- ty Plaza Bullding. G*nw8od Spnnga. Co0rado p0- ...eon Me hours of 8'30 8.01. and 4:30 pm.. Mon- day omday through Friday. AOemalbely. the ebtKoetlon can be viewed e1 N4Pa::fram1M.p418010-rnurny.born /Wpl_i1WBrowse_gepalelerli4-363]578 (Feu No. PIAA'l0-11)-8.510,49). A piano on tne application nee been scheduled for Tuesday. Februuy 20, 2018 at 1:00 P.M. in the County Co,miasoners Meeting Pmnr ('wnwM ('maltyry AlirnomarannnMing. 1 801 Street, Glenwood Springs. Colorado. Planning 0.081,001 Ganleto Canny Published In Me Citizen Telegram January 18, 201E 111100140243 David Pesnichak From: Stephanie Lewis<stephanie@aspensnowmassliving.com> Sent: Friday, November 24, 2017 4:03 PM To: David Pesnichak Subject: 16411 Old Highway 82 Land Use Proposal Follow Up Flag: FollowUp Flag Status: Flagged David, EXHIBIT .0 9 f I wanted to reach out to you to let you know that I am a supporter of the new polo fields at 16411 Old Hwy 82. As a Blue Creek Ranch resident I was very pleased to know that there would no longer be 89 homesites on the 100 acre parcel. I am not against development, but I felt that it was too many homes and should be more in line with the 47 or so homesites that Blue Creek Ranch has, which this new proposal successfully addresses. I am also very excited to see the open space along the river. Not only will be great for wildlife, but it is also consistent with Blue Creek Ranch. Finally the equestrian facility which would be located off the frontage road is compatible with the adjacent land uses and will help to preserve the agricultural feel along Hwy 82. This is one of the things that makes our valley special. In summary, I am very excited to have these great new neighbors. I can be reached at 970 948.7219 if you have any questions. Warm Regards, Stephanie Lewis 44 Chokecherry Ct Carbondale, CO 81623 1 Mir* Black Bills Corporation .1i II pi Of December 4, 2017 From: Matt Raper Black Hills Energy 0096 County Rd. 160 Glenwood Springs, CO 81601 970-928-0407 To: David Pesnichak, Aspen Polo Partners, LLC Email: dpesnichak@garfield-county.com Phone: 970-945-8212 RE: 16411 HWY 82 Carbondale, CO 81623 Dear David: The above mentioned development is within the certificated service area of Black Hills Energy. Black Hills Energy has existing natural gas facilities located on or near the above mentioned project. At this time it appears that these existing facilities have adequate capacity to provide natural gas service to your project, subject to the tariffs, rules and regulations on file. Any upgrading of our facilities necessary to deliver adequate service to and within the development will be undertaken by Black Hills Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals. Please contact us with any questions regarding this project, and with a timeline of when you would like to proceed with your project. Sincerely, Matt Raper 1Utility Construction Planner I Black Hills Energy 1 Matt.raper@blackhillscorp.com 1970-928-0407 1 EXHIBIT Garfield County Road & Bridge 12/5/2017 TCI Lane Ranch PUD Substantial Amendment to the PUD Aspen Polo Partners, LLC 16411 Hwy 82 Carbondale, Co 81623 David, Regarding File# PUAA-10-17-8586 Aspen Polo Partners, LLC. Road and Bridge has reviewed the application to modify as approved in 2009, resolution 2009-71 and 2009-81, for the TCI Lane Ranch. This current application is proposing to use 2 accesses onto the CDOT Hwy 82 frontage road. Traffic from this proposal will put some additional impact on the Catherine Store intersection controlled by CDOT. Road and Bridge does not require any permits for this proposal. Thanks for the opportunity to review. Mike Prehm Garfield County R&B 0298 County Road 333A Rifle, Co. (970) 625-8601 December 12, 2017 Board of County Commissioners Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 Re: Aspen Polo Partners, LLP PUD (TCI Lane Ranch PUD) Amendment 100.443 Acres 16411 Old State Highway 82 Carbondale, CO 81623 Dear Commissioners, EXHIBIT 7' Ii 1 DEC 18 2017 GAk t. I am an adjoining neighbor to the above referenced property and I write this letter in favor of the approval of the above referenced project. You are voting to amend a previously approved PUD and I am in favor of your action to approve this amendment. Aspen Polo Partners, LLP will be spending millions of dollars in improvements on this property which in turn will bring millions of dollars in revenue to the county. The polo fields, barns and other facilities will be world class in design and construction and a quiet neighbor that will be much better than a dense single family development. The folks who come to this facility, from all over the world, will spend locally to support our local businesses. And since most of the folks will not be here full time, there will be minimum impact on traffic. I am in favor of this project and urge you to vote for approval. Yours trul_y,__...... Fai No ma j-:4/fri- 265 Ponderosa Pass Carbondale, CO. 81623 December 21, 2017 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 P 970.947.2920 1 F 970.947.2936 David Pesnichak Senior Planner Garfield County Development 108 8`h St. Suite 401 Glenwood Springs, CO 81601 RE: TCI Lane Ranch PUD Substantial Amendment (PUAA-10-17-8586) Dear David, EXHIBIT Colorado Parks and Wildlife (CPW) has reviewed the application materials for the TCI Lane Ranch PUD Substantial Amendment submitted by Aspen Polo Partners, LLC. CPW has been involved during previous land use reviews for this parcel, and wildlife concerns are generally the same as they have been in the past. According to CPW's Species Activity Mapping (SAM) data, the property is either entirely or partially within the following wildlife habitats: black bear fall concentration area and human conflict area, mule deer resident population area, osprey foraging area, and great blue heron foraging area. Generally, CPW's comments from previous referrals are still applicable for this proposal and are included within the following recommendations: 1. Fencing should be held to a minimum and any necessary fencing should be wildlife friendly. Details and specifications for wildlife friendly fencing can be found at: https: / /cpw.state.co. us/ Documents/ LandWater/ PrivateLandPrograms/FencingWithWil dlifelnMind.pdf a. Additionally, CPW encourages the applicant to work with adjacent landowners to replace current perimeter fencing with wildlife friendly options. 2. Landscaping designs should preclude berry, fruit, or nut producing trees and shrubs to reduce attractants for bears and other wildlife. Homeowners should be aware that CPW is not liable for any damage to landscaping from wildlife. 3. All trash, horse grain/feed, and food -related items should be stored indoors or within bear -proof containers. Eliminating attractants for bears and other wildlife will reduce conflicts. This is especially relevant given that this property lies within the river corridor which is used heavily by various animal species. 4. Proposed ponds should be constructed with at least one bank having a minimum slope of 3:1, preferably 5:1, to allow ingress and egress of wildlife. If plastic liners are to be used, a minimum of 18 inches of topsoil should be used on top of liners. Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Marie Haskett • Carrie Besnette Hauser John Howard, Chair • Marvin McDaniel • Dale Pizel • Jim Spehar • James Vigil, Secretary • Dean Wingfield • Michelle Zimmerman, Vice -Chair • Alex Zipp of CO10 N� 8 • 2876 • 5. Trails through riparian habitats should be minimized to the extent possible and provide adequate signage to keep users on designated routes. In addition to the above recommendations, CPW would encourage the applicant to consider a public fishing easement along the Roaring Fork River. Public river access through this parcel woutd connect the Blue Creek Ranch fishing easement with the Bureau of Land Management parcel upstream. This would create approximately 3/4 mite of public fishing access for anglers. Colorado Parks and Wildlife appreciates the opportunity to review and submit comments for this project. if there are any questions or needs for additional information, don't hesitate to contact Land Use Specialist, Taylor Elm, at (970) 947-2971 or District Wildlife Manager, John Groves, at (970) 947-2933. Sincerely, rry Will, Arildlife Manager Cc. John Groves, District Wildlife Manager Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: David Pesnichak December 21, 2017 Hello David, Public Health Health EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I have reviewed the application for the Aspen Valley Polo Club PUD (formerly TCI Lane Ranch) and have several comments: 1. Potential Radiation Hazard (Section 6.6.4.) — While the radiation survey by Yeh & Associates did not indicate above normal levels of radiation on the subject property, all of Garfield County is considered at high risk for radon in buildings. It is recommended that all homes in our area be built using Radon Resistant New Construction (RRNC), which makes the mitigation process much easier if testing indicates that there are elevated levels of radon present. 2. Nuisance conditions (Section 6.7) — Public Health appreciates the applicant's commitment to use dust mitigation practices during construction activities. Because the project is greater than 25 acres and construction activities are anticipated to be longer than six months, an Air Pollution Emission Notification may be required by the Colorado Department of Public Health and Environment. More information can be found on this permit process at https://www.colorado.gov/pacific/cdphe/APENforms. 3. Domestic Water Supply (Preliminary Engineering Report Section 3.1) — The use of this drinking water system in Zone 1 indicates that it might meet the criteria of being a public water system under CDPHE's Regulation 22 if it "regularly serves an average of at least 25 individuals daily at least 60 days per year." If these conditions are met, the operator should ensure that the system is in compliance with drinking water standards. Alternatively, if connection to another public water and sanitation district's facilities becomes available, it is recommended that the Aspen Valley Polo Club PUD utilize that connection. 4. Wastewater Treatment (Preliminary Engineering Report Section 3.4) — The total flows for each of the septic systems is near or at the threshold of 2,000 gallons per day based on CDPHE's Regulation 43. Once the systems become operational, the flows should be monitored to determine if these limits are exceeded to the degree that wastewater must be treated as a public water system according to CDPHE regulations. 5. Pesticide and fertilizer application — Due to the location of these facilities in the Roaring Fork River alluvium and the Town of Carbondale's drinking water protection area, care should be taken to ensure that pesticides and fertilizers applied on the polo fields and other lawns on the property are used properly to prevent their entry into the water table. These materials should also be properly stored. Thank you, Garfield County Public Health Department — working to promote health and prevent disease ?? VOL '//1-. Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease MOUNTAIN CROSS ENGINEERING, INC. December 27, 2017 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil and Environmental Consulting and Design EXHIBIT RE: TCI Lane Ranch PUD Substantial Amendment to the PUD: PUAA-10-17-8586 Dear David: This office has performed a review of the documents provided for the TCI Lane Ranch PUD, Substantial Amendment to the PUD Application. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant states that water for fire protection will come from hydrants connected to the ponds. The Applicant should provide more information concerning how the volume in the ponds is allotted between fire protection, irrigation, and aesthetics. Pond surface areas for evaporation should be verified. It should also be verified that fire protection is an allowed use for the water from the irrigation ditches. 2. The Applicant should work with the Fire District to determine hydrant locations and spacing and how these would connect to the ponds. 3. The Applicant should describe how the onsite wastewater treatment system (OWTS) setbacks from the water features will be achieved. Some of the OWTS are shown very near ponds and streams. 4. Conveyances for storm drainage should be sized as necessary for the 25 -year event per the LUDC. The Applicant states that they will be sized for the 10 -year. The Applicant should verify the adequacy for a 25 -year event or a variance may be required. 5. Future phases propose smaller, residential lots that likely would not be feasible for OWTS. A reasonable alternative is a wastcwatcr treatment facility (WWTF). The application materials do not evaluate feasibility or future connections. The Applicant should connect the commercial buildings to a WWTF should one be constructed in the future. 6. The Applicant should describe the potable water treatment that is proposed and where the equipment will be located. 7. The Applicant should provide design drawings for the accesses proposed with CDOT permits. Feel free to call if you have any questions or comments. Sincerely, M. t. ' ' ! Cross En in rin nc. Chris Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com 1111 rLe4114141,41 #i 1111 Reception#: 786310 05/21/2010 11:09:46 RM Jean Alberico 1 of 5 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT for DEVELOPMENT WITHIN THE FLOODPLAIN OF THE ROARING FORK RIVER FOR TCI LANE RANCH PUD, GENERALLY LOCATED 1/2 MILE EAST OF CATHERINE STORE ON STATE HIGHWAY 82, IN SECTIONS 31 & 32, TOWNSHIP 7 SOUTH, RANGE 86 WEST, GARFIELD COUNTY. PARCEL NO# 2391-311-00-033 AND 2391-323-00-051 In accordance with and pursuant to §4-111, Development in the 100 -year Floodplain, of the Unified Land Use Resolution of Garfield County of 2008, as amended, the Director of the Building and Planning Department hereby authorizes the following activity: Construction of a pedestrian bridge within the flood -fringe and the floodway, and placement of fill on residential lots located within the flood -fringe of the designated 100 - year floodplain of the Roaring Fork River This Land Use Change Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT, GARFIELD COUNTY, COLORADO Fred A. Jarman, A Director County File Number FDPA6264 IIIi 111A 1 ■ 111 1„ 11 1g 'lC', 10:61 71117a'>ALLiitIiii 1I Il l Reception##: 786310 0512''2010 11,09A.6 QM Jean A:berico 2 of 5 Rec Fee:$3.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A — TCI Lane Ranch PUD Floodplain Permit 1. All representations of the applicant within the application shall be considered conditions of approval unless otherwise modified by the Director Determination. 2. Prior to issuance of the Final Plat for TCI Lane Ranch PUD the Applicant shall provide a copy of the conditional FIRM and floodway map revision approved through FEMA. 3. No alterations of the floodplain may be made other than the specific improvements noted in the application and shown on drawings by James Brzostowicz, P.E., as labeled "General Layout Pedestrian Bridge' and "Floodplain Site Plan Lots' Sheets 1 and 2 attached hereto as Exhibit B. 4. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 5. All new construction or substantial improvements shall be constructed with materials resistant to flood damage. 6. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 7. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 9. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. 10.On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 11. No disturbance of a regulated wetland shall be allowed. °/F NM tl t / BR •L B/F Nur , TCI LANE 8' NDE /MINI PA114 BRIDGE DESIGN INFORMATION SPAN 1 SPAN 2 OVEPA1 LENGTH 76'-10• 1131-0• CLEW MIN a-0• 1 E-li N/A N/A CORROSION PROTECTION CALMER NONE { We 1110 LW 85 PST 1 85 PSF Vf1ACLE LOAD 10 8 10 N MNO LON 35 PSF 35 PSF 5E5NL ZONE 1 1 18.113 NAAS N/A N/A TOE RATE STEAL Stift RAIL BECHT 4'-6• 41-e DECIONG TIMER 1 TINDER TRUSS TYPE 4 - 1301E 4 -- TYPE STEP 2'-6' IMV 2'-6• MAN BREVNMAY TRACE M3 NO C0091RE PLAT REQUIRED WOWED 967E 90' 96_ 6320 6310 6300 6290 — TO INE 8AWWRAL /i071O A ALL AOR( 5tW1 BE N ACCORCAHr€ 9011 THE COLORADO DEPAPTIEVI CC TRANSPORTATION STANDARD SPFCFICADONS FOR ROAD N0 01DLL CONSTRUCTION. 2005 E0010h. AND PROJECT SPECK PRVdLON5, THE LATEST Yds STANDARDS; CONN' OF CANED SWORDS; AND ME PROJECT CONTRACT MIO MOMENTS. 8 518110113086. STEL 51811 CONFORM i0 TIE F700004 G A5194 SPEC8ICAT13125: COD FOR14D MELDED SCILYE AVD REC'NGIAM 1115.101 STRUCTURAL SECTIONS: ASTM A647 PLATES AND 074EA SIMILAR. STEEL SNARES AS19 8588 ANCHOR BOLTS: ASTM A307 9• m 76'-10' SPAN j BRIDGE PLAN 10 5 0 10 ORIGINAL SCALE 1 ICY 193'-5. 8/F NUT - B/F ABUT 1 BRIDGE SECTION - H -TRUSS 2 CRGELA SCALE h' - t -0' 1151-0' SPAN %2 i• EJ f PER #2 REV 6309.00 B' m� R10 GRANE'WJ1. 7.,6321) 0710 = 6302.8 MN LON CHO80 AT THIS a • 100-19 EILV 6301.83 END = 630012 MN LOM 0NORO AT THS ----------------------- BRIDGE PROFILE - H -TRUSS 10 5 _ 0 10 ORONAL SCALE: 1• - 10' Print Date: File Nome: Horiz. Scale: Vert. Scale: As Noted Unit Information Unit Leader 15/9101 Sheet Revisions Date: Comments Init. ill (e61NNit .0.4.10013 r 6310 6300 .100 -TR E1LV BASED oN: 91800 MTS. OMNI SHEET 1. JOB No. 0-5675, MAY 21st 2008 (TRW DREAEL & BARBELL 14 CO. 1-11-10) —6290 As Constructed No Revisions: TO Ione Ranch Pedestrian Bridge GENERAL LAYOUT PEDESTRIAN BRIDGE Revised: Void: Designer: Detwiler Sheet Subset: Structure L_ BA INumbers I Subset Sheets: Project No./Code STE M535-004 16663 Sheet Number /III 'ippeioLl 0�Sti IWh,i� VICIi�:Attith X1111 0512112010 ',1 09 46 RM Jr- P:oericc 4 of 5 Roc Fe. E0 00 Doc Fee 0 00 GRRF'.E,D COUNTY CO 2 e FLOODPLAIN DEVELOPMENT PLANS TCI LANE RANCH FLOOD DEVELOPMENT PERMIT gi GARFIELD COUNTY, CC"_CRADC 7 101 MN 1111 Via PAVAN 1.1R Mph I.4lCh44C4+44a'U44L11 III Reception#: 786310 0512112010 11 09 46 M Jean clberieo 5 of 5 Rec Fee 10 00 Doc Fee 0 00 GRRFIELD COUNTY CO f R FL00DPLAIN DEVELOPMENT PLANS TCI LANE RANCH FLOOD DEVELOPMENT PERMIT GARFIELD COUNTY, COLORADO David Pesnichak From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Sent: Friday, January 05, 2018 2:29 PM To: David Pesnichak Cc: Kent Harbert; Sheryl Bower Subject: Re: TCI Lane Ranch PUD Substantial Amd - Referral Request Attachments: MP 15.5 Catherine Store 2009.pdf EXHIBIT David - Thank you for the opportunity to review the TCI PUD amendment. Conceptually, the development team has addressed the our comments on the direct accesses to the frontage road, and CDOT has received access applications for the development. CDOT will be offering permit for the direct access from the frontage road. As you are aware, the original TCI traffic study was more traffic intensive than the amended TCI project (Aspen Valley Polo Club). The plan development is bring roughly 54 trips in the peak hour on weekdays (Figure 7a of the Aspen Valley Polo Club TIS) and 197 trips in the peak hour on Saturdays (7b of the Aspen Valley Polo Club TIS). The development has two different routes to take Valley Road to the east and Catherine Store (CR 100) to the west. In the previous TCI report dated July 2009 (see attached) the report made recommendation to add an additional right turn lane on Catherine Store Road. The existing traffic study also agrees with the assessment (page 19 of the of the Aspen Valley Polo Club TIS). However, the TIS states that the development doesn't increase the traffic by 20%; therefore, an access permit isn't required by the Code. However, I believe the improvement is necessary for overall operation of the County Road. It is my recommendation that the County address this concern with this development. The study also identified that all the turn lanes at the intersection of SH 82/CR 100 do not meet current State Highway Access Code standards. Please see page 27 of the Aspen Polo Club TIS. This is a particular concerning issue. The traffic volume for the left turn from SH 82 to CR 100 is 271 trip in the p.m. peak hour (Figure 3A). The left turn lane is 430' short (Table 4 of the report). The queuing analysis in the report states that there could be queuing from the left turn lane into main SH 82 through lane. However, the report states that the development traffic would only be a very small portion of the left turning volume, and the development doesn't trigger an access permit for CR 100. These inadequacies of the turn lanes will need to be address in the future either by a project or when a development triggers an access permit for CR 100. I will use 565 DVH for CR 100 as a baseline for access permit in the future. I recognize that Aspen Valley Polo Club has used 44 DHV of the 20% change in use (7.8%) There is another 73 DHV available before an access permit would be required for CR 100. If you have any questions, please let me know. thanks Dan 1 David Pesnichak From: Jon Fredericks <jon@landWESTcolorado.com> Sent: Tuesday, January 09, 2018 3:09 PM To: David Pesnichak Subject: RE: Aspen Polo Club PUD - Updated COAs Dave, EXHIBIT Here is the response on that item from our engineer: The permitting has not been started and won't until after land use approval due to the high cost of design and permitting the system (i.e. no reason to start these if the development gets denied). He is correct...the local public health department (in this case Garfield County) is a referral agency on all water and wastewater systems permitted through the State within their boundaries/limits. The CDPHE requires a Basis of Design Report submittal and Final Plans and Specifications to be submitted on the water side (both separate submittals). On the wastewater side there is a submittal for Preliminary Effluent Limits, Site Application, Process Design Report and Final Plans and Specifications (all separate steps). There is also another submittal for the plant to get their discharge permit. This happens when the plant is coming online after construction. o The CDPHE will send out an approval letter with/without comments after each submittal. We would receive a final go ahead after Final Plans and Specifications have been reviewed by the State and all comments were addressed. Both the water and wastewater systems will be given operating permits through the CDPHE as the final approval step, which will include the treatment facilities identification number. The County doesn't need to request anything for review as part of this project as it is already covered by the State requirements. Garfield County is a referral agency for all new and existing plants in their boundaries and will receive a copy of the submittals. The CDPHE requires us to provide proof we sent this information to each referral agency. Jon Fredericks From: Jon Fredericks [mailto:jon@IandWESTcolorado.com] Sent: Tuesday, January 09, 2018 2:16 PM To: David Pesnichak <dpesnichak@garfield-county.com> Subject: RE: Aspen Polo Club PUD - Updated COAs Hi Dave, Here is our Engineer's response to COA #5: "An analysis is not required. Zone 1 will be a non-public community water system and Zone 2 will be a community water system. The difference in the water system designations has no bearing on the well design as they have the same requirements. Permitting of the systems through the CDPHE is the same for both system. However, there can be slight difference in the required testing and monitoring of water quality within each treatment system, but this is unrelated to the well. Garfield County will be allowed 2 weeks to review the Basis of Design Report that gets submitted to the CDPHE, including plans, and provide comments to the Colorado Department of Public Health and Environment who will be reviewing and approving the final water treatment systems for both Zones." Jon Fredericks CORONA WATER LAW Craig V. Corona, Esq. 420 E. Main St., Ste. 210B Aspen, CO 81611 (970) 948-6523 ccc craigcoronalaw.com January 10, 2018 David Pesnichak, AICP Garfield County Community Development 108 8th St., Suite 401 Glenwood Springs, CO 81601 Re: Aspen Polo Partners, LLP PUD Substantial Amendment Dear David, EXHIBIT This letter is on behalf of Aspen Polo Partners, LLP ("APP") to address comments and recommended conditions contained in the Project Information and Staff Comments memo dated January 10, 2018. In that memo, the following comment is made regarding water for fire protection: Irrigation Water for Fire Protection: The application states that the ponds which are to be filled with irrigation water are also to be used for fire protection. The legal and physical ability of this irrigation water to be used for fire protection does not appear to have been addressed in the application, however. Prior to issuance of any building permits within the PUD, the applicant shall verify the legal and physical ability of the irrigation water to be used for fire protection. This verification shall be provided to the Community Development Department and accepted by the County designated engineer. As noted in the comment, APP will store water in the onsite ponds for two purposes, to be pumped to irrigation and to be stored for fire protection. The source for this water will be APP's Basin Ditch water rights which are decreed for irrigation. The Basin Ditch rights are not decreed for fire protection. However, APP may use water diverted under the Basin Ditch rights for any beneficial purpose so long as there is no call on the river. This principle is established by the Colorado Constitution which states, "The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied." Colo. Const., Art. XVI, sect. 6. If there is no call on the river, there is unappropriated water available. APP may store that water in its ponds for fire protection at Garfield County Community Development David Pesnichak, ACP such times. Free river conditions exist every year on the Roaring Fork River, often for most of the year and always in the spring during runoff. APP will top off the ponds during free river conditions with water available in the Basin Ditch. This water may be used for fire protection or irrigation or, in fact, any beneficial purpose. APP will then pump water to irrigation and continuously replace that water from the Basin Ditch for continued irrigation. The stored water will remain in the pond available for fire protection uses, if necessary. Any stored water that evaporates may be replaced pursuant to the Basalt Water Conservancy District water allotment contract. Regarding physical supply, APP owns 2.86 cfs, or 6.4%, of the 45 cfs decreed to the Basin Ditch. According to the diversion records attached to this letter, over the past fifty years, the Basin Ditch has diverted, on average, 18 cfs. The APP property, therefore, has received an average of 1.2 cfs from the Basin Ditch. APP plans to construct 3.2 acre feet of pond storage. At 1.2 cfs average, APP will be able to fill the entire pond volume in less than two days. APP will only need to fill the entire volume once when they are first constructed. After that, APP will only need to replace evaporation from the ponds. Based on this, there is a sufficient legal and physical supply of water available to provide fire protection for the development. Please feel free to call me with any questions or concerns. Sincerely, Craig V. Corona State of Colorado Structure Name: BASIN DITCH Source: Roaring Fork River Q10 Q40 Q160 Section Twnshp NW SW 33 7S Distance From Section Lines: From N/S Line: UTM Coordinates (NAD 83): Northing (UTM y): 4363290 Latitude/Longitude (decimal degrees): 39.399815 Location: Structure Summary Report HydroBase Water District: 38 Structure ID Number: 528 Range PM 87W S From E/W Line: Easting (UTM x): 317462 Spotted from PLSS distances from section lines -107.119918 Water Rights Summary: Total Decreed Rate(s) (CFS): Total Decreed Volume(s) (AF): Absolute: 45.0000 Absolute: 0.0000 Case Adjudication Appropriation Administration Order Number Date Date Number Number Conditional: 0.0000 Conditional: 0.0000 AP/EX: 0.0000 AP/EX: 0.0000 Water Rights -- Transactions Priority Decreed Adjudication Number Amount Type Uses Action Comment CA0132 CA0132 87CW0364 87CW0364 CA0132 CA3082 1889-05-11 1882-10-20 1889-05-11 1885-03-27 1889-05-11 1886-03-25 1889-05-11 1886-03-25 1889-05-11 1886-03-25 1936-08-25 1890-03-01 11981.00000 0 49 5.0000 C 0 1 12870.00000 0 108 5.0000 C 0 1 13233.00000 0 137 0.1900 C 0,TF 1 13233.00000 0 137 0.1900 C 0,TT 4A 13233.00000 0 137 1.8000 C 0 1 30941.14670 0 294 33.2000 C S 1 Adjudication Appropriation Administration Date Date Number Water Rights -- Net Amounts Priority/Case Rate (CFS) Order Number Number Absolute Conditional ID 6495 AP FOR 0.0208 CFS ID 6495 AP FOR 0.0208 C DRYUP 2.7ACRES FOR 5.75AFCU BYPASS FOR ID 7165 SUNNYSIDE AUG. LIM 5.75AFCU ID 6495 AP FOR .0084 CFS ID 6495 AP FOR 0.138 CFS Volume (Acre -Feet) AP/EX Absolute Conditional APIEX 1889-05-11 1882-10-20 1889-05-11 1885-03-27 1889-05-11 1886-03-25 1936-08-25 1890-03-01 11981.00000 12870.00000 13233.00000 30941.14670 0 49 0 108 0 137 0 294 5.0000 5.0000 1.8000 33.2000 Irrigated Acres Summary -- Totals From Various Sources 0 0 0 0 GIS Total (Acres): Diversion Comments Total (Acres): Structure Total (Acres): Year Land Use 244.6324 373 Acres Flood Reported: 2015 Reported: 2000 Reported: Irrigated Acres From GIS Data Acres Furrow Acres Sprinkler 0 0 0 0 Acres Drip Acres Groundwater Acres Total 1993 1993 1993 1993 2000 2000 2005 2005 2005 2010 2010 2010 2015 2015 2015 ***Year Total*** ALFALFA GRASS_PASTURE SMALL_GRAINS ***Year Total*** GRASS_PASTURE ***Year Total*** ALFALFA GRASS_PASTURE ***Year Total*** ALFALFA GRASS_PASTURE ***Year Total*** ALFALFA GRASS_PASTURE Report Date: 2018-01-10 355.69 153.80 178.40 23.49 279.50 279.50 284.63 131.96 152.67 279.50 116.00 163.50 244.63 225.49 19.14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 355.69 153.80 178.40 23.49 279.50 279.50 284.63 131.96 152.67 279.50 116.00 163.50 244.63 225.49 19.14 Page 1 of 3 HydroBase Refresh Date: 2017-10-16 Diversion Summary in Acre -Feet - Total Water Through Structure Year FDU LDU DWC Maxq & Day Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Total 1950 * 5355 1952 ' 8331 1953 * 8331 195'1 ` 8033 1962 * 7408 1969 1969-06-06 1969-07-24 102 45 06-06 0 0 0 0 0 0 0 2231 2767 2767 1339 0 9104 1975 1975-05-16 1975-08-01 152 45 05-16 0 0 0 0 0 0 1428 2678 2767 1845 1785 833 11336 1976 1976-05-10 1976-05-10 174 35 05-10 0 0 0 0 0 0 1527 2083 2152 2152 2083 2083 12080 1977 1977-05-01 1977-08-16 184 45 05-01 0 0 0 0 0 0 2767 2678 2767 2291 1785 1845 14132 1978 1978-05-01 1978-05-01 184 40 05-01 0 0 0 0 0 0 2460 2380 2460 2460 2380 2460 14599 1979 1979-05-01 1979-05-20 184 30 05-01 0 0 0 0 0 0 1140 24 25 25 24 25 1262 1980 1980-05-10 1980-08-01 175 30 05-10 0 0 0 0 0 0 1309 1785 1845 1230 1190 1230 8589 1981 1981-05-16 1981-05-16 137 30 05-16 0 0 0 0 0 0 952 1785 1845 1845 1726 0 8152 1982 1982-05-09 1982-05-09 144 30 05-09 0 0 0 0 0 0 1369 1785 1845 1845 1726 0 8569 1983 1983-05-25 1983-05-25 160 30 05-25 0 0 0 0 0 0 417 1785 1845 1845 1785 1845 9521 1984 1984-05-01 1984-05-01 184 30 05-01 0 0 0 0 0 0 1845 1785 1845 1845 1785 1845 10949 1985 1985-05-10 1985-09-20 175 30 05-10 0 0 0 0 0 0 1309 558 120 1365 925 249 4526 1986 1986-05-01 1986-10-16 184 34 08-13 0 0 0 0 0 0 2091 2023 1210 1742 1974 353 9393 1987 1987-04-25 1987-10-23 190 35 04-25 0 0 0 0 0 417 2104 1715 1101 1101 1065 1101 8603 1988 1988-05-09 1988-10-11 175 40 06-07 0 0 0 0 0 0 1551 2200 2018 1816 929 229 8743 1989 1989-04-25 1989-10-03 189 38 07-06 0 0 0 0 0 269 1503 2008 1872 1345 1392 205 8594 1990 1990-04-23 1990-10-31 192 45 04-29 0 0 0 0 0 559 2767 2523 2145 1611 1405 727 11738 1991 1991-05-11 1991-10-25 173 33 05-17 0 0 0 0 0 0 1214 1952 1942 1248 1208 465 8030 1992 1992-05-02 1992-09-14 167 40 05-02 0 0 0 0 0 0 2296 1379 1113 1165 630 169 6751 1993 1993-05-10 1993-10-14 175 36 07-02 0 0 0 0 0 0 346 877 2152 2135 1292 654 7456 1994 1994-04-26 1994-09-30 189 43 05-20 0 0 0 0 0 35 1148 2467 2482 2539 1495 551 10718 1995 1994-11-01 1995-10-31 179 35 06-21 338 0 0 0 0 0 111 1607 2152 797 716 646 6368 1996 1995-11-01 1996-10-31 220 36 07-30 380 3 0 0 0 40 1033 1077 1348 1697 1069 780 7426 1997 1996-11-01 1997-10-31 189 38 05-22 21 0 0 0 0 0 1934 1853 1849 1590 120 122 7490 1997 * 3 1998 ' 3 1998 1997-11-01 1998-10-31 199 33 06-30 38 0 0 0 0 0 910 1877 1889 1293 1247 834 8088 1999 1998-11-01 1999-09-26 205 30 05-15 130 0 0 0 0 946 1514 1724 1600 1542 801 430 8686 1999 * 3 2000 * 3 2000 2000-05-01 2000-10-16 183 40 05-01 0 0 0 0 0 0 2460 2348 2292 2183 2112 2112 13508 2001 0 0 05-01 0 0 0 0 0 0 0 0 0 0 0 0 0 2003 2003-07-26 2003-09-22 98 32 08-19 0 0 0 0 0 0 0 0 215 1458 1874 1937 5485 2004 2004-04-30 2004-10-05 185 44 06-15 0 0 0 0 0 34 911 1778 2499 1871 956 516 8565 2005 2004-11-09 2005-10-31 252 39 07-15 125 177 0 0 0 167 1174 1430 1784 2087 731 871 8545 2006 2006-04-19 2006-08-08 179 36 06-08 0 0 0 0 0 82 1472 2002 1559 1864 1761 822 9563 2007 2007-05-10 2007-10-23 175 40 05-17 0 0 0 0 0 0 1597 1922 1937 1651 1073 864 9043 2008 2008-05-02 2008-10-28 183 45 06-01 0 0 0 0 0 0 1055 2497 2473 1594 1082 533 9234 2009 2009-05-07 2009-09-17 177 42 08-19 0 0 0 0 0 0 1140 1792 1014 2271 1898 1210 9324 2010 2010-05-29 2010-10-31 129 20 05-29 0 0 0 0 0 0 121 1210 1250 710 847 356 4494 2011 2011-06-03 2011-10-24 132 28 08-23 0 0 0 0 0 0 0 710 403 1449 1216 620 4398 2012 2012-04-17 2012-10-23 197 40 05-30 0 0 0 0 0 476 1459 2131 2124 1838 1019 933 9979 2013 2013-04-13 2013-10-08 169 39 07-22 0 0 0 0 0 1 1123 1596 1985 1129 1230 389 7453 2014 2014-04-24 2014-10-24 190 39 07-28 0 0 0 0 0 141 1278 1922 1780 1841 1011 833 8806 2015 2015-04-08 2015-10-26 206 33 06-05 0 0 0 0 0 533 1661 1881 1756 1117 933 688 8568 2016 2016-04-25 2016-10-21 189 40 07-29 0 0 0 0 0 136 1265 1303 1634 1913 1170 971 8392 Report Date: 2018-01-10 Page 2 of 3 HydroBase Refresh Date: 2017-10-16 Minimum: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Maximum: 45 380 177 0 0 0 946 2767 2678 2767 2767 2380 2460 14599 Average: 36 25 4 0 0 0 91 1280 1699 1711 1622 1257 794 7720 51.00 years with diversion records Notes: The average considers all years with diversion records, even if no water is diverted. The above summary lists total monthly diversions. *= Infrequent Diversion Record. All other values are derived from daily records. Average values include infrequent data if infrequent data are the only data for the year. Diversion Comments IYR NUC Code Acres Irrigated Comment 1950 534 1953 590 1954 590 1962 2000 1969 850 1975 1300 1976 1300 1977 1300 1978 1300 1979 1300 1980 1300 1981 1300 1982 1300 1983 1300 1984 1300 1985 1300 1986 1 1987 1300 1988 1300 1989 1300 1990 1300 1991 1300 1992 1300 1993 1300 1994 1300 1995 1300 MAY AND JUNE READINGS ARE ESTIMATES DUE TO FLOODING 1996 1300 1997 373 FILLS ID 4110 1998 373 FILLS ID 4110 1999 373 FILLS ID 4110 2000 373 FILLS ID 4110 2002 Water taken but no data available 2004 NO BYPASSES FOR ID (7165) NO AP DIVERSIONS MADE FOR ID 6495. 2006 ESTIMATED SHUT OFF DATE 2009 USED HISTORICAL RECORDS TO ESTIMATE WHEN DITCH SHUT OFF. 4012 BYPASS FOR SUNNYSIDE AUG. DITCH RAN INTO MID NOVEMBER 2013 BYPASS FOR SUNNYSIDE AUG 2014 NO CALL IYR 2014 2015 BYPASS FOR SUNNYSIDE AUG Note: Diversion comments and reservoir comments may be shown for a structure, if both are available. Report Date: 2018-01-10 Page 3 of 3 HydroBase Refresh Date: 2017-10-16 David Pesnichak From: Larry Smith <larry@waldorfschoolrf.org> Sent: Wednesday, January 10, 2018 3:17 PM To: David Pesnichak Subject: Website inquiry -Community Development Larry Smith has sent you a message: Aspen Polo PUD Amendment 970 963 9098 David, EXHIBIT s I write today on behalf of the Waldorf School on the Roaring Fork regarding the Request for PUD amendment from Aspen Polo Partners. In the narrative document submitted by Land West Partners, section 6.1 Adjacent Land Use, it is noted: "East Side: To the east lies the Waldorf School, with their school building and associated accessory facilities and playfields. Under the proposed PUD Amendment, land immediately west of the school would remain as agricultural open space, thereby limiting any potential impacts to the Waldorf School." The school would like it noted that our property extends South toward the Roaring Fork River, and the proposed "Future Residential Area 2" directly abuts the area used by our outdoor kindergarten. We do have concerns about the potential impact of housing directly across from where our students are active and outdoors. The school would be interested in discussing potential mitigation with berms and trees, or other similar concepts. The school does recognize and appreciate that the overall impact of this proposal is less that the impact of the prior approved TCI Lane Ranch. The school is also interested in creating a more safe route to school for students and staff that wish to walk or ride a bike to school in the spring and fall. With this aim in mind, we would welcome a discussion for trail access through the property from Blue Creek Ranch, and potentially pursuing the once proposed pedestrian bridge from the Rio Grande Trail. Overall, we are in support of the proposal. Best regards, Larry Smith 1 LAND February 5, 2018 WEST EXHIBIT PLANNING 1 LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES Dave Pesnichak, Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Via Email: dpesnichak@garfield-county.com RE: Conditions of Approval - Aspen Valley Polo Club, File #PUAA-10-17-8586 Dear Mr. Pesnichak, I am writing on behalf of Aspen Polo Partners, LLP, regarding their land use application which is scheduled to come before the Board of County Commissioners on Tuesday, February 20, 2018. We value and appreciate the time that County staff and the Planning Commission have committed to this PUD Amendment review. Aspen Polo Partners has concerns with several of the Planning Commission's recommended Conditions of Approval identified in your letter dated January 11, 2018. This correspondence identifies issues and suggests revisions that do not compromise the goals of the project, the County's LUDC or the Comprehensive Plan. Of the thirty recommended Conditions of Approval, there are five that Aspen Polo Partners request be considered and revised; number 1, number 24, number 27, number 28 and number 30. Recommended Condition #1 This Condition reads as follows: 1. Access Permit and Improvements: The accesses to the development from Old Highway 82 are required to obtain a permit from CDOT. Prior to issuance of a building permit within the PUD, the property owner shall obtain an access permit from CDOT, receive a Notice to Proceed, and complete all required onsite and offsite improvements. Copies of the design drawings, access permit, notice to proceed, and demonstration that the work has been completed shall be submitted to the Garfield County Community Development Department and accepted by the County designated engineer. Discussion: It is important to clarify the "onsite and offsite improvements" as being limited to those that are specifically required by the CDOT access permits. 345 COLORADO AVE. Sul [6 iU6 1 LL. ui- L ! , 'v 6.3 Page 1 of 6 Suggested Revisions to Condition #1: 1. Access Permit and Improvements: The accesses to the development from Old Highway 82 are required to obtain a permit from CDOT. Prior to issuance of a building permit within the PUD, the property owner shall obtain an access permit from CDOT, receive a Notice to Proceed, and complete all cgui cd onsite and offsite improvements as required by the CDOT access permits. Copies of the design drawings, access permit, notice to proceed, and demonstration that the work has been completed shall be submitted to the Garfield County Community Development Department and accepted by the County designated engineer. Recommended Condition #24 This Condition reads as follows: 24. Affordable Housing Agreement / Plan: At the point 15 or more lots are created through subdivision, as defined in Article 8 of the LUDC, the development is required to provide Affordable Housing. As a result, at the time of Preliminary Plan submittal to create 15 or more lots, the property owner shall submit an Affordable Housing Agreement / Plan in conformance with the PUD Guide and Article 8 of the LUDC. The Agreement / Plan shall be reviewed, accepted, and executed by the property owner and BOCC. Discussion: Article 8-102 of the LUDC discusses the applicability of inclusionary zoning for housing, as follows: "These requirements apply to all residential Subdivisions proposing 15 or more lots located within Area 1, shown in Figure 8-1." Aspen Polo Partners has provided an Affordable Housing Plan in the PUD Guide that specifies providing up to five Affordable Housing Units, based on fifty-four maximum residential units in the PUD. The project will also contain open space lots, agricultural lots, a community center lot, and other non- residential lots. Respectfully, the intent of the LUDC is to provide affordable housing mitigation for residential units, and therefore applicability should be for residential lots only, and not for the non- residential lots. Suggested Revisions to Condition #24: 24. Affordable Housing Agreement / Plan: At the point 15 or more residential lots are created through subdivision, as defined in Article 8 of the LUDC, the development is required to provide Affordable Housing. As a result, at the time of Preliminary Plan submittal to create 15 or more residential lots, the property owner shall submit an Affordable Housing Agreement / Plan in conformance with the PUD Guide and Article 8 of the LUDC. The Agreement / Plan shall be reviewed, accepted, and executed by the property owner and BOCC. ,45 COLORADO AVE. SUIIL lUb j LRRkbUNL)AL:=, LULUr\A JL% c t Page 2 of 6 Recommended Condition #27 This Condition reads as follows: 27. Anglers Easement: At the time of subdivision, the property owner shall provide a public fishing easement along the Roaring Fork River to extend the angler's easement at Blue Creek Ranch. Discussion: Chapter 3, Section 5 of the Comprehensive Plan (page 54) discusses the following Policy: "4. Proposed development adjacent to streams/rivers with rafting or fishing potential are encouraged to dedicate easements for public access to these areas, where compatible with wildlife habitat." The above is a policy which is intended to provide guidance and is not mandatory. This particular condition is in conflict with Condition 11 Wildlife, which requires that the BLM Parcel be fenced to keep users off the BLM property (which abuts the river) and results in a barrier to the continuation of the proposed Anglers Easement. Additionally, the same stretch of river is already public and easily accessible from the RFTA right-of-way and Rio Grande Trail on the south side of the river. While the Anglers Easement was a condition for the prior plan more than ten years ago, it has since become apparent that the combination of the requirements of Condition 11 Wildlife and the management problems prevalent on the adjacent Blue Creek Ranch easement, including trespassing (off the easement), camping, trash, property damage, and dog waste indicate that this condition is neither needed nor advisable today. Suggested Revisions to Condition #27: This Condition is intentionally deleted. Recommended Condition #28 This Condition reads as follows: 28. Southeast BLM Parcel: As part of the public improvements to be constructed by the Applicant and secured in the Improvements Agreement as part of the Final Plat Application, the Applicant shall construct a fence to a design specification consistent with the BLM's needs regarding preventing disturbance of the Ute's Ladies Tresses on the BLM parcel in the southeast portion of the development. Discussion: In order to be consistent with other wildlife -oriented conditions, this condition should specifically require "wildlife -friendly" fencing in place of "a design specification consistent with the BLM's needs", which is an open-ended requirement. 345 COLORADO AVE. SUITE 106 1 CARBONDALE:, COLORADO 81623 1 970.379.415' Pace 3 of 6 Suggested Revisions to Condition #28: 28. Southeast BLM Parcel: As part of the public improvements to be constructed by the Applicant and secured in the Improvements Agreement as part of the Final Plat Application, the Applicant shall construct a wildlife -friendly fence to - - .p.r-eveRti-ng help prevent disturbance of the Ute's Ladies Tresses on the BLM parcel +4 adjacent to the southeast portion of the development. Recommended Condition #30 This Condition reads as follows: 30. Offsite Improvements: The Applicant shall construct improvements to the intersection of CR 100 and State Highway 82 as approved by CDOT and the Garfield County Road and Bridge Department, as necessary, which includes a new right turn lane from northbound CR 100 to the up valley direction of State Highway 82. Additionally, the applicant will construct a raised or painted median, as recommended and approved by CDOT and/or Garfield County Road and Bridge Department, between the northbound and southbound directions on CR 100 adding additional safety to the turning movements. These improvements shall maintain full movement at the intersection of Old Highway 82 and County Road 100. These improvements are to be paid for exclusively by the developer within the context of the Subdivision Improvements Agreement. This final design approved by CDOT and the Garfield County Road and Bridge Department shall be included in the subdivision Final Plat Application. Discussion: Condition #30 is substantially unchanged from what was required by the PUD approved in 2009 for the development of 89 residences on the subject property. The CR 100 — State Highway 82 intersection has only been getting worse and accommodating more traffic since that time. Both Aspen Equestrian Estates and Blue Creek Ranch have continued to add homes which use CR 100 to and from State Highway 82. Nine years later, none of the upgrades that the prior owner of the subject property would have been required to make, have been made. In fact, the intersection is substantially unchanged. Aspen Polo Partners were aware of the existing deficiencies when they bought the subject property in June 2017. While Aspen Polo Partners expected to have to mitigate the impacts from their development, they never expected to be required to mitigate the impacts for the growth from Blue Creek Ranch, Aspen Equestrian Estates, the town of Carbondale and a decade of deferred maintenance. The rationale for the requirement of off-site improvements has always been a legitimate mitigation of the impacts the development will create. It has not typically been used as an exaction or penalty. In this instance, it is not appropriate to require Aspen Polo Partners to be entirely financially responsible for the traffic increases from other sources and more than a decade of deferred maintenance. The Traffic Impact Study' is based on the full build out of 54 proposed residences (which is 60% of the number of residences approved by the 2009 PUD). The Traffic Impact Study shows that in Year 2020, during the weekday peak hours, the trips generated by the subject property will be only 7% of the side street volumes, and only 6% by Year 2037. Because the traffic volume on State Highway 82 associated with the subject property during a typical weekday will not meet CDOT's 20% rule, no improvement to auxiliary lanes or an access permit for the highway is required. The total estimated cost for the road improvements identified in Condition #30 is $172,9262. Aspen Polo Partners should only be required to mitigate the traffic increase their project will create and not be held financially responsible for what arguably should have been done in the past by other developments. A fixed amount payment for mitigation of traffic impacts is proposed. The cost to mitigate the traffic impacts created by the project is calculated to be $12,104. Aspen Polo Partners propose to pay $25,000, which is more than double the calculated impact mitigation cost that their project creates at a maximum build out. Suggested Replacement of Condition #30: 30. Offsite Improvements: The Applicant shall pay $25,000 as mitigation for traffic impacts from the project, which payment shall be secured by the Subdivision Improvements Agreement and made as a one-time payment to Garfield County at the time of Final Plat. ' Cassie Slade, P. (2017). Aspen Valley Polo Club Traffic Impact Study. Boulder, CO: Fox Tuttle Hernandez. 2Builders, D. C. (2018, February 02). HWY 82 & CR 100 ESTIMATE. Carbondale, CO. 345 l..GLURAUU rAvL. SUI t iUb LA.h.6U i_ii Lbnr.L'V ,l / 1.- Paee 5 o' Aspen Polo Partners requests that this letter be included as an Exhibit to the packet for the upcoming Board of County Commissioner's Hearing on February 20`h. We are available to discuss these issues with you for the County, and we appreciate your consideration. Sincerely, LANDWEST Jon Fredericks Principal Cc: Marc C. Ganzi, Aspen Polo Partners, LLP Peter J. Rizzo, Aspen Polo Partners, LLP Gary A. Wright, Wright Law Aspen, LLP Att: Builders, D. C. (2018, February 02). HWY 82 & CR 100 ESTIMATE. Carbondale, CO. 345 COLORADO AVE SUITE 106 1 CARBONDALE COLORADO 81623 I 970.379.4155 Page 6 of 6 1,500.00 1,350.00 3,000.00 3,200.00 9,050.00 I 5,800.00 6,125.00 8,030.00 3,300.00 10,500.00 6,930.00 5,000.00 8,500.00 1,500.00 1,275.00 16, 200.00 900.00 1,250.00 1,000.00 1,500.00 $ 77,810.00 2/2/2018 No. Description DEMO/SITE PREP 1 Clear & Grub 2 Sawcut ex. Asphalt 3 Remove Ex. Asphalt 4 Remove Ex. Striping DEMO/SITE PREP SUBTOTAL HWY 82 & CR 100 ESTIMATE Unit Quantity Unit Price PROPOSED IMPROVEMENTS 1 Earthwork/Grading 2 Curb & Gutter 3 Full Depth Asphalt (assume 8"0 4 Road Base (12") 5 Mill ex. Asphalt 6 2" Asphalt Overlay 7 Handicap Ramps 8 Concrete (assume 6" thick) 9 Concrete Rundown 10 Buried Riprap 11 Pavement Marking 12 Preformed Plastic Pavement Marking 13 Traffic Signs 14 Silt Fence 15 Landscaping (revegetation) PROPOSED IMPROVEMENTS SUBTOTAL PROJECT MANAGEMENT 1 ENGINEERING DESIGN 2 SURVEYING 3 CONSTRUCTION ADMIN/INSPECTION 4 ACCESS PERMIT 5 TRAFFIC CONTROL 6 GENERAL LABOR 7 SUPERVISION 8 CONTINGENCY 9 MOBILIZATION 10 P/O PROPOSED IMPROVEMENTS SUBTOTAL PROJECT ESTIMATE TOTAL LS LF SY LF LS LF TN TN SY TN EA SY EA CY LF EA EA LF LS LS LS LS LS LS LS LS Cost 1 $ 1,500.00 $ 450 $ 3.00 $ 200 $ 800 $ 1 175 73 110 700 63 2 100 2 15 1200 6 5 250 1 15.00 $ 4.00 $ 5,800.00 35.00 110.00 30.00 15.00 110.00 2,500.00 85.00 750.00 85.00 13.50 150.00 250.00 4.00 1,500.00 1 $ 10,000.00 $ 1 $ 5,000.00 $ 1 $ 6,500.00 $ 1 $ 2,500.00 $ 1 $ 8,800.00 $ 1 $ 6,000.00 $ $ 7,200.00 $ 1 15% $ 1 5% $ 1 15% $ 10,000.00 5,000.00 6,500.00 2,500.00 8,800.00 6,000.00 7,200.00 30,049.50 10,016.50 30,049.00 $ 86,066.00 172,926.00 February 9, 2018 COLORADO Department of Transportation Region 3 Traffic, Access Unit 222 S 6th St, Rm 100 Grand Junction, CO 81501 PH 970-683-6284 FAX 970-683-6290 «< E-mailed»> EXHIBIT 2C/ Aspen Polo Partners, LLC 715 West Main Street Suite 201 Aspen, Colorado 81611 Re: State Highway Access Permit No. 317091, located in Garfield County on Highway 082A near Mile Marker Reference Pt. 16.014 Right Dear Permittee: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. The next step in the CDOT access permitting process is for you (Applicant) to request a Notice to Proceed (NTP) from CDOT. Failure to receive an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1, "the Code") § 2.4. Notice to Proceed Requirements Well in advance of construction, the Applicant shall request a NTP in writing along with the submittal of other items, such as construction drawings, drainage reports, design specifications, and any other required documents to CDOT. The Applicant must submit a complete packet, of the listed information that follows in this letter, to Devin Drayton, Access Project Manager. If the Applicant chooses not to request the NTP, this permit expires 02/08/2019 pursuant to subsection 2.3(11)(d) of the State Access Code. (Upon written request, this permit may be extended twice, each for a one-year period, up to three (3) years total. If the access is not constructed within 3 years, a new application must be submitted.) Once the request and complete packet submittal has been received, CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 - days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall be notified and their submittal shall be corrected and resubmitted to CDOT. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (If applicable, please include the engineering firm name, Professional Engineer's name, and their contact number(s).) 2) Traffic Control Plan (2 copies) Region 3 Access Unit, 222 S. 6th St, Rm 100, Grand Junction, CO 81501 PH 970-683-6284 www.codot.gov The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification - or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three (3) working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance for the period of access construction. As per the State Access Code, Section 2 (11)(i), the certificate shall name CDOT, and the local Issuing Authority (if applicable) as an additional insured party for general liability in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 with combined single limit bodily injury and property damage for each accident. The additional insured(s) must be noted as such, not just "Certificate Holders". 4) Complete Construction Plans The Permittee/Applicant shall provide two (2) stamped hard copies and one (1) digital copy of 11" x 17" construction plans and specifications for the proposed improvements from a licensed Colorado Professional Engineer. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization; B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis; C. Conform to the requirement of the permit "Terms and Conditions" ; and D. If applicable, include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me, or Devin Drayton, Project Manager (970-683-6286). Devin can also be reached at Devin.Dravton@state.co.us with any questions you might have. Respectfully, Kandis Aggen, Region 3 Permit Coordinator Cc: Dan Rousin, Permit Manager Devin Drayton, Project Manager File COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 317091 State Highway No / Mp / Side 082A / 16.014 / Right Permit Fee $100.00 Dale of Transirittal 01/06/2018 Region / Section / Patrol / Name Local Jurisdiction Garfield County 3 / 02 / 2K16 Jeff Lewis The Permittee(s): The Applicant(s): Aspen Polo Partners, LLC Cassie Slade 715 West Main Street Suite 201 PO Box 19768 Aspen, Colorado 81611 Boulder, Colorado 80301 (303) 652-3571 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly 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 permit. Location: Access to Provide Service to: (Land Use Code) 451 - Equestrian Center Polo Fields/Community (Size) 20 (Units) DHV Additional Information: { 300' west of the School Access. MUNICIPALITY Required Signature OR COUNTY APPROVAL only when the appropriate local authority retains issuing authority. Print Name Date Title 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 Tim Holbrook 2K4 with the Colorado Department of Transportation, at (970) 384-3366 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit ar. its t ms and conditions. Permittee Signet e: C Print Name MV�.cc. c a,a-in7�, Date r,.t�cusfx,tL (,2DIt Date Co -Permittee Signature: (i applicable) Print Name This permit is not vali until signed by a duly authorized representative of the Department. LORADO DE ARTMENT OF TRANSPORTATION — i nat 4 P int Name '' Iiee Date (of issue) Copy Distribution: Required: 1.Region 2Applicant Make copies as necessary for: 3.StaIl Access Section Local Authority Inspector 4.Central Files MTCE Patrol Traffic Engineer d revlous editions are obsolete and may not be use Page 1 of 3 CDOT Form #101 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local 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 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 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 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 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. 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 permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or 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 in design or specifications, requires authorization from the Department. Form 101, Page 3 January 6, 2018 PERMIT No. 317091 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right TERMS AND CONDITIONS 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This permit replaces permit any and all additional access permits that may be in existence for this access. 3. This permit is for new full movement access for residential access and recreational access (Polo Fields). 4. The total traffic volume shall be 20 DHV (passenger car equivalents). 5. This access shall be designed and re -constructed 25 to 40 feet wide in accordance with Section Four of the State Highway Access Code. 6. The turning radii shall be designed and constructed to accommodate the largest vehicle using the access, and be least 25'per Section 4.6 of the State Access Code. 7. This design shall be in conformance with Section 4 of the State Highway Access Code, 2 CCR 601-1. As such, the horizontal axis of the access to the frontage road shall be constructed perpendicular (at an angle of 90 degrees) to the centerline of the highway and extend a minimum distance of 40 feet from the edge of the roadway, or to the property line, whichever is greater. 8. An 18 -inch minimum culvert with protective end treatments may be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 9. Side slopes shall be at a 4:1 slope on the roadway, and the access shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 10. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. 11. This access shall be hard -surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut the existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to, or greater than, existing highway conditions. 12. Materials, Placing and Compaction of a Commercial Access up to 99 DHV: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Hot Mix Asphalt Option (HMA) Base: 16 inches of class 6 gravel with maximum 6 -inch lifts, Surface: 4 inches of HMA in two, 2 -inch lifts. Compaction of the subgrade, embankments and backfill shall comply with January 6, 2018 PERMIT No. 317091 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right sections 203 Et 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. Concrete Pavement Option: Portland Cement (PCCP) Base: 4 inches of class 6 gravel, Surface: A minimum of 6" of doweled and tied PCCP. Compaction of the subgrade, embankments and backfill shall comply with sections 203 ft 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 13. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans (11"x 17" with a minimum scale of 1" = 50') by a licensed Professional Engineer and be in full compliance with the State Highway Access Code. The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/highway connection showing depths, driveway slope, etc. (c) Certificate of Insurance for Liability as per Section 2.3(11)(i) of the State Highway Access Code, naming CDOT as an additional insured for general liability; (d) A certified Traffic Control Plan (TCP) in accordance with Section 2.4(6) of the Access Code and the Manual on Uniform Traffic Control Devices (MUTCD); (e) A TCP that identifies the correct wording, number, spacing, and type, of devices to be used, according to MUTCD standards and CDOT's Work Zone Safety Guidelines for Municipalities, Utilities, and Contractors, and be based on the highway speed, lane width, and location; and (f) A TCP that shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 14. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. 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. 15. Open cuts, which are at least 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, or shall be protected with a suitable barrier per State and Federal Standards. 16. 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. 17. 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 January 6, 2018 PERMIT No. 317091 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 18. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 19. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 20.The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: https://www.codot.gov/businessidesignsupport/standard-plans. 21. 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 materials removed shall be returned to the Department. 22. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. It is the sole responsibility of the Permittee to trim and/or remove vegetation (i.e.: weeds, grass, shrubs and trees) to maintain adequate sight distance. 23. 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 this 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 repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 24. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. January 6, 2018 PERMIT No. 317091 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.014 Right 25. During access construction, no construction -related, personal vehicles will be permitted to park in the state highway right-of-way. 26. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 27. Any mud or other material tracked, or otherwise deposited, on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found in the M a 5 Standards Plan No. M-208-1. 28. A fully executed, complete copy of this permit and the Notice to Proceed 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. 29. 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. 30. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 31. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 32. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 33. Upon the completion of the access (and prior to any use as allowed by this permit), the Applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, may be requested by the Department for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO Department of Transportation What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the ground Why is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt and other pollutants and flow into CDOT's storm drain system or directly into a stream, river, lake, wetland or reservoir. Anything that enters CDOT's storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. Dredged spoil, dut, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked or discarded equipment, rock, Rand, any industrial, municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512-4426 From a safe distance try to estimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (ifapplicabie). Do not approach! Call 'CSP for illicit dumping. If possible, take a photo, record a license plate. REMEMBER: Never get too close to the illicit discharge, it may be dangerous!!! For more information on CDOT Utility Permits: https://www.codot.goWbusiness/permits/utilitie sspecialuse For more information on CDOT Access Permits: https://www.codot.govibusiness/permits/access permits For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave. Shumate Building Denver, Colorado 80222 303-757-9343 ;COLORADO Department of 1 Transportation Water Quality IDrourarn Industrial Facilities IDrosrani CDOT has a Municipal Separate Storm Sewer System permit, otherwise known as (MS4) from the Colorado Department of Public Health and Environment. The permit states that only stormwater can be discharged from CDOT's storm drain system catch bur swat pppe-0- r gore drain IIdPr 1O111EW451EM•TEll TOTNE LOCAL TP,EATNENT P.M! NNIIERRODV As part of the permit, CDOT has several different programs to prevent pollutants from entering into the storm drain system: Construction Site Program • New Development Redevelopment Program Illicit Discharge Program • Industrial Facilities Program Public Education and Outreach Program • Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program COLORADO Department of Transportation Control Measures for Industrial Facilities Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures, and other management practices to prevent and reduce pollution entering into CDOTs storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non-structural controls. THE GAUNTLET GMAT! ME TEES POIW1ANTSi G TEIS M PRESENT? GTM TE ROM IM O DK MU, MT V IS THE M In compBanceU CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: ✓ Communications ✓ Cable television 1 Power ✓ Electricity ✓ Light ✓ Heat Gas 1 Oil ✓ Crude Products ✓ Water ✓ Stream ✓ Waste ✓ Stormwater not connected with highway drainage ✓ Similar Commodity COLORADO Department of 1 Transportation Industrial Facilities Program Elements: 1. Educate and outreach to owners or operators that have potential to contribute substantial pollutant to water. 2. Report and include information on discharge and water quality concerns. Provide written notification within 15 days of discovery to CDPHE. 3. Submit an annual report to CDPHE containing the number of informational brochures distributed; name and title of each individual trained. Education There are instances when a utility company or other entity doing work in the state highway right-of-way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a CDOT Utility and Special Use Permit or Access Permit to obtain all required clearances. This fact sheet is given to each permittee and is available at: http: / /www. coloradodot. info /programs/ environmental/ resources/ guidance- standards/Environmental%20Clearances% 201 o f o% 20Su m m a rv. pdf COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information — (303) 692-2035 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website https://www.colorado.gov/pacific/cdphe/all-permits • CDOT Water Quality Program Manager: (303) 757-9343 https://www.codot.gov/proqrams/environmental/water-quality • CDOT Asbestos Project Manager: Phil Kangas, (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE CO), Denver Office (303) 979-4120 http://www. nwo. usace.army.mil/Missions/RequlatorvProgram/Colorado.aspx Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Requlatory.aspx Albuquerque District (SE CO), Pueblo Office (719)-543-9459 http://www.spa.usace.army.mit/Missions/RenulatoryProdramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.00v/business/permits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http://www.codot.gov/programs/environmental/wildlife/guidelines, or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Pages/SOC-ThreatenedEndancieredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified (http://www.historycolorado.orq/oahp/file-search). Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file searches at (303) 866-3395. Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder (https://cumuseum.colorado.edu/research/paleontology/vertebrates/policies), and the Denver Museum of Nature and Science (http://www.dmns.org/science/collections/earth-science-collections/) to ascertain if paleontological resources have been previously identified in or near the permit area. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: See the museum websites listed above for Paleontological Collections Manager contact information. Contact the CDOT Paleontologist for further information at nicole.peaveystate.co.us or (303) 757- 9632. The CDOT Paleontologist will not conduct a comprehensive file search independently of the museums. Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Information: Theresa Santangelo-Dreiling, CDOT Hazardous Materials Project Manager, (303) 512-5524, or Andy Flurkey, (303) 512-5520. Asbestos Containing Materials, Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's (HMWMD) Solid Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation May '16 Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 512- 5519, or Theresa Santangelo-Dreiling, Hazardous Materials Management Supervisor (303) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 permits, including nationwide permits, which are issued for activities with relatively minor impacts. For example, there is a nationwide permit for utility line activities (nwp #12). Depending upon the specific circumstances, it is possible that either a "general" or "individual" 404 permit would be required. If an individual 404 permit is required, section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at http://www.coloradodot.info/proqrams/environmental/wildlife/guidelines. Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Permit. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits and https://colorado.gov/pacific/cdphe/wq-commerce-and- industry-permits. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact Information: For Construction Dewatering and Remediation Activities Discharge Permits, contact the CDPHE WQCD at (303) 692- 3500. For Applications and Instructions (CDPHE website): https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits. Municipal Separate Storm Sewer System (MS4) Discharge Permit - Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WQCC) Regulations htt•s://www.Colorado.•ov/.acific/cd•he/w•cc-re•ulations-and-•olicies-and-water-.ualit -statutes) and the CDOT MS4 Permit # COS - 000005 (https://www.codot.gov/programs/environmental/water-quality/documents). Discharges are subject to inspection by CDOT and CDPHE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits, or go to https://www. colorado.gov/pacific/cdphe/wq-municipal-ms4-permits. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Allowable non-stormwater discharges can be found at https://www.codot.gov/programs/environmental/water- quality/dlossarv.html. Contact Information: The CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements will be specified in that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT Standard Specifications 107.25 and 208. All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 212-217 and 623. In any case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: https://www.codot.gov/programs/environmental/landscape- architecture/erosion-storm-quality. Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation May '16 Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes," and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact CDPHE (telephone #'s listed above). Noxious Weeds and Invasive Species Management Pian — Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Paqes/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact CDPHE or find additional information on the CDOT website: https://www.codot.gov/business/designsupport/2011-construction- specifications/2011-Specs and refer to the specifications and their revisions for sections 101, 107 and 208. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. More information can be found at https://www.colorado.gov/pacific/cdphe/emergency- reporting-line. About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, Program Administrator, CDOT Access Management Unit, at (303) 757-9841, alex.karami@state.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation May '16 February 9, 2018 COLORADO Department of Transportation Region 3 Traffic, Access Unit 222 S 6th St, Rm 100 Grand Junction, CO 81501 PH 970-683-6284 FAX 970-683-6290 «< E-mailed»> EXHIBIT 9 Z� Aspen Polo Partners, LLC 715 West Main Street Suite 201 Aspen, Colorado 81611 Re: State Highway Access Permit No. 317090, located in Garfield County on Highway 082A near Mile Marker Reference Pt. 16.03 Right Dear Permittee: The Colorado Department of Transportation (CDOT) has received your signed permit and application fee. A copy of the issued permit is enclosed. The next step in the CDOT access permitting process is for you (Applicant) to request a Notice to Proceed (NTP) from CDOT. Failure to receive an approved Notice to Proceed prior to any construction will be a violation of the State Highway Access Code (2 CCR 601-1,"the Code") § 2.4. Notice to Proceed Requirements Well in advance of construction, the Applicant shall request a NTP in writing along with the submittal of other items, such as construction drawings, drainage reports, design specifications, and any other required documents to CDOT. The Applicant must submit a complete packet, of the listed information that follows in this letter, to Devin Drayton, Access Project Manager. If the Applicant chooses not to request the NTP, this permit expires 02/09/2019 pursuant to subsection 2.3(11)(d) of the State Access Code. (Upon written request, this permit may be extended twice, each for a one-year period, up to three (3) years total. if the access is not constructed within 3 years, a new application must be submitted.) Once the request and complete packet submittal has been received, CDOT has seven days to determine if the NTP submittal is complete for review and then notify the applicant of any deficiencies. If complete, CDOT will review and comment on the submitted information within 30 - days. If CDOT determines the information is unacceptable, missing, or in need of correction, the Applicant shall be notified and their submittal shall be corrected and resubmitted to CDOT. Once resubmitted, CDOT will review the revised NTP documents within 10 -days. If the revised documents are satisfactory, CDOT will issue a NTP. If further corrections are necessary, the cycle of submittal, review and comments will repeat itself until approval is granted and the NTP is issued. The request for NTP shall include the following documents, along with any other items specified in the Terms and Conditions of your permit: 1) Cover Letter Requesting a NTP (If applicable, please include the engineering firm name, Professional Engineer's name, and their contact number(s).) 2) Traffic Control Plan (2 copies) Region 3 Access Unit, 222 5. 6th 5t, Rm 100, Grand Junction, CO 81501 PH 970-683-6284 www.codot.gov The traffic control plan must be: A. Consistent with CDOT Standard Plans Manual for Maintenance and Signing B. Consistent with the MUTCD C. Prepared by individual with American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certification - or sealed (stamped) by a Colorado registered professional engineer D. Acceptable to CDOT prior to any construction within the right-of-way E. Presented in a manner that provides a method of handling traffic (MHT) for each different phase of construction. The MHT will describe proposed construction phasing and will include dimensioned diagrams of work zone elements. The final traffic control plan must be submitted a minimum of three (3) working days in advance of construction. Such plans may be revised as necessary with CDOT concurrence. 3) Insurance Liability Certification The Applicant or contractor shall be required to provide a comprehensive general liability and property damage insurance for the period of access construction. As per the State Access Code, Section 2 (11)(i), the certificate shall name CDOT, and the local Issuing Authority (if applicable) as an additional insured party for general liability in the amounts of not less than $1,000,000 per occurrence and automobile liability insurance of $1,000,000 with combined single limit bodily injury and property damage for each accident. The additional insured(s) must be noted as such, not just "Certificate Holders". 4) Complete Construction Plans The Permittee/Applicant shall provide two (2) stamped hard copies and one (1) digital copy of 11" x 17" construction plans and specifications for the proposed improvements from a licensed Colorado Professional Engineer. The plans shall: A. Address, as applicable, geometry, drainage, striping, signing, and signalization; B. Include, but not limited to, layout of the access, highway improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines, present and proposed traffic control devices, and clear zone analysis; C. Conform to the requirement of the permit "Terms and Conditions" ; and D. If applicable, include the following statement on the cover page of the plans: "This design is in full compliance with Section 4 of the State Highway Access Code, 2 CCR 601-1 except for the following approved design waivers:" Feel free to contact me, or Devin Drayton, Project Manager (970-683-6286). Devin can also be reached at Devin.Drayton@state.co.us with any questions you might have. Respectfully, c_Aho,,„A Kandis Aggen, Region 3 Permit Coordinator Cc: Dan Roussin, Permit Manager Devin Drayton, Project Manager File COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit No. 317090 State Highway No / Mp / Side 082A / 16.030 / Right Permit Fee $100.0 Date of Transmittal 01/06/2018 Region / Section / Patrol / Name 1 Local Jurisdiction Garfield County 3102 / 2K16 Jeff Lewis The Permittee(s): The Applicant(s): Aspen Polo Partners, LLC Cassie Slade 715 West Main Street Suite 201 PO Box 19768 Aspen, Colorado 81611 Boulder, Colorado 80301 (303) 652-3571 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with this permit, including the State Highway Access Code and any attachments, terns, conditions and exhibits. This permit may be revoked by the Issuing Authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly 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 permit. Location: 16411 Old Hwy 82 Access to Provide Service to: (Land Use Code) (Size) (Units) 210 - Sinale-Family Detached Housina 43 units 43 DHV 451 - Eauestrian Center Polo Fields/Community 7 DHV Total Traffic 50 DHV Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Name Date 1 Title 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 Tim Holbrook 2K4 with the Colorado Department of Transportation, at (970) 384-3366 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit d its t ms and conditions. Permittee Signa r - Print Name r'c c C . I Print Name CPC).,0 --/'i` Date c' CIAA tCtl (t )D1g Co -Permittee Signature: (i applicable) Date This permit is not valid until signed by a duly authorized representative of the Department. C LORADO DEPARTMENT OF TRANSPORTATION ig .azure i -- Pfint Name Title Date (of issue) Copy Distribution: Required: 1.Region 2.Appllcant Make copies as necessary for: 3.Statf Access Section Local Authority Inspector 4.Central Files MTCE Patrol Traffic Engineer Previous editlons are obsoleb and may n Page 1 of 3 CDOT Form #101 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local 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 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 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 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 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. 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 permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. 11. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or 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 in design or specifications, requires authorization from the Department. Form 101, Page 3 January 6, 2018 PERMIT No. 317090 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right TERMS AND CONDITIONS 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. This permit replaces permit any and all additional access permits that may be in existence for this access. 3. This permit is for new full movement access for residential access and recreational access. 4. The total traffic volume shall be 50 DHV (passenger car equivalents). 5. This access shall be designed and re -constructed 25 to 40 feet wide in accordance with Section Four of the State Highway Access Code. 6. The turning radii shall be designed and constructed to accommodate the largest vehicle using the access, and be least 25'per Section 4.6 of the State Access Code. 7. This design shall be in conformance with Section 4 of the State Highway Access Code, 2 CCR 601-1. As such, the horizontal axis of the access to the frontage road shall be constructed perpendicular (at an angle of 90 degrees) to the centerline of the highway and extend a minimum distance of 40 feet from the edge of the roadway, or to the property line, whichever is greater. 8. An 18 -inch minimum culvert with protective end treatments may be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 9. Side slopes shall be at a 4:1 slope on the roadway, and the access shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 10. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. 11. This access shall be hard -surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut the existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to, or greater than, existing highway conditions. 12. Materials, Placing and Compaction of a Commercial Access up to 99 DHV: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Hot Mix Asphalt Option (HMA) Base: 16 inches of class 6 gravel with maximum 6 -inch lifts, Surface: 4 inches of HMA in two, 2 -inch lifts. Compaction of the subgrade, embankments and backfill shall comply with January 6, 2018 PERMIT No. 317090 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right sections 203 Et 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. Concrete Pavement Option: Portland Cement (PCCP) Base: 4 inches of class 6 gravel, Surface: A minimum of 6" of doweled and tied PCCP. Compaction of the subgrade, embankments and backfill shall comply with sections 203 Et 304 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 13. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed, and the intended date to begin construction. (b) Construction Plans (11"x 17" with a minimum scale of 1" = 50') by a licensed Professional Engineer and be in full compliance with the State Highway Access Code. The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/highway connection showing depths, driveway slope, etc. (c) Certificate of Insurance for Liability as per Section 2.3(11)(i) of the State Highway Access Code, naming CDOT as an additional insured for general liability; (d) A certified Traffic Control Plan (TCP) in accordance with Section 2.4(6) of the Access Code and the Manual on Uniform Traffic Control Devices (MUTCD); (e) A TCP that identifies the correct wording, number, spacing, and type, of devices to be used, according to MUTCD standards and CDOT's Work Zone Safety Guidelines for Municipalities, Utilities, and Contractors, and be based on the highway speed, lane width, and location; and (f) A TCP that shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 14. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. 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. 15. Open cuts, which are at least 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, or shall be protected with a suitable barrier per State and Federal Standards. 16. 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. 17. 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 January 6, 2018 PERMIT No. 317090 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 18. All workers within the State Highway right-of-way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 19. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 20.The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction Project Support web page at: https: / /www.codot. Rov/business/designsupport/standard-plans. 21. 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 stacking of the remaining fence. All materials removed shall be returned to the Department. 22. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. It is the sole responsibility of the Permittee to trim and/or remove vegetation (i.e.: weeds, grass, shrubs and trees) to maintain adequate sight distance. 23. 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 this 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 repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 24. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. January 6, 2018 PERMIT No. 317090 Permittee(s): Marc Ganzi Location: Garfield County on CO Highway 082A, near Mile Ref. Pt. 16.03 Right 25. During access construction, no construction-related, personal vehicles will be permitted to park in the state highway right-of-way. 26. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 27. Any mud or other material tracked, or otherwise deposited, on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found in the M & S Standards Plan No. M-208-1. 28. A fully executed, complete copy of this permit and the Notice to Proceed 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. 29. 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. 30. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 31. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 32. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re-seeding. 33. Upon the completion of the access (and prior to any use as allowed by this permit), the Applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, may be requested by the Department for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. COLORADO Department of Transportation What is stormwater runoff? Stormwater runoff occurs when precipitation from rain or snowmelt flows over the ground. Impervious surfaces like roads and sidewalks prevent stormwater from naturally soaking into the ground Why is stormwater runoff a problem? Stormwater can pick up debris, chemicals, dirt and other pollutants and flow into CDOT's storm drain system or directly into a stream, river, lake, wetland or reservoir. Anything that enters CDOT's storm drain system is discharged untreated into the waterways we use for fishing, swimming, and providing drinking water. Dredged spoil. dirt„ slurry. solid waste, incinerator residue,sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, pH, wrecked or discarded equipment, talk, sand, any industrial, municipal, or agricultural waste. Tips for Reporting an Illicit Discharge Call the illicit discharge hotline at (303) 512-4426 From a safe distance try to estimate the amount of the discharge. Identify characteristics of the discharge (color, odor, algae, etc.). Obtain information on the vehicle dumping the waste (if applicable). Do not approach) Call *CSP for illicit dumping. If possible, take a photo, record a license plate. REMEMBER: Never get too close to the illicit discharge, it may be dangerous!!! For more information on CDOT Utility Permits: https://www.codot.gov/business/permits/utilitie sspecialuse For more information on CDOT Access Permits: https://www.codot.gov/business/permits/access -s For more information on CDOT Water Quality Program: Water Quality Program Manager 4201 E. Arkansas Ave. Shumate Building Denver, Colorado 80222 303-757-9343 COLORADO Department of Transportation Water duality IDrceram Industrial Facilities Grcer am CDOT has a Municipal Separate Storm Sewer System permit, otherwise known as (MS4) from the Colorado Department of Public Health and Environment. The permit states that only stormwater can be discharged from CDOT's storm drain system TO TME WASTEWATER TPFAINENT P.IUIT As part of the permit, CDOT has several different programs to prevent pollutants from entering into the storm drain system: Construction Site Program • New Development Redevelopment Program • Illicit Discharge Program Industrial Facilities Program Public Education and Outreach Program • Pollution Prevention and Good Housekeeping Program Wet Weather Monitoring Program COLORADO Department of Transportation Control Measures for Industrial Facilities Industrial facilities can use control measures (CM) otherwise known as Best Management Practices (BMP) during the construction of a facility and when operating the facility. Control measures are schedules of activities, maintenance procedures, and other management practices to prevent and reduce pollution entering into CDOT's storm drain system. Control Measures also include treatment, operating procedures, and practices to control site run off which can include structural and non-structural controls. THE GAUNTLET 5 MERE ♦ RPM PRE5ENT7 Y'j !MIME PROPO1EIM POP TIN PCPLUrxT Y IT PRE PRPP PROPERLY RwsTAflC? In wmpllanExl I xr CDOT defines a utility, or utility facility as any privately, publicly, or cooperatively owned line, facility, or system producing, transmitting or distributing the following: ✓ Communications ✓ Cable television ✓ Power ✓ Electricity ✓ Light ✓ Heat Gas 1 Oil ✓ Crude Products ✓ Water ✓ Stream ✓ Waste ✓ Stormwater not connected with highway drainage ✓ Similar Commodity COLORADO Department of 1 Transportation Industrial Facilities Program Elements: 1. Educate and outreach to owners or operators that have potential to contribute substantial pollutant to water. 2. Report and include information on discharge and water quality concerns. Provide written notification within 15 days of discovery to CDPHE. 3. Submit an annual report to CDPHE containing the number of informational brochures distributed; name and title of each individual trained. Education There are instances when a utility company or other entity doing work in the state highway right-of-way will require some type of environmental permit or clearance for that work. CDOT has put together an Environmental Clearances Information Summary for those applying for a CDOT Utility and Special Use Permit or Access Permit to obtain all required clearances. This fact sheet is given to each permittee and is available at: http: / /www.coloradodot.info/programs/ environmental/resources/quidance- standards/Environmental%20Clearances 201nfo%20Sum mare. pdf COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE): General Information — (303) 692-2035 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website https://www.colorado.gov/pacific/cdphe/all-permits • CDOT Water Quality Program Manager: (303) 757-9343 https://www.codot.gov/programs/environmental/water-quality • CDOT Asbestos Project Manager: Phil Kangas, (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE CO), Denver Office (303) 979-4120 http://www. nwo. usace.army.mil/Missions/RequlatorvProciram/Colorado.aspx Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http://www.spk.usace.army.mil/Missions/Requlatory.aspx Albuquerque District (SE CO), Pueblo Office (719)-543-9459 http://www.spa.usace.army.mil/Missions/RequlatoryProgramandPermits.aspx • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 https://www.codot.gov/business/permits Wildlife Resources - Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http://www.codot.gov/programs/environmental/wildlife/guidelines, or the Colorado Parks and Wildlife (CPW) website, http://www.cpw.state.co.us/learn/Paqes/SOC-ThreatenedEndangeredList.aspx. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager (RPEM). Cultural Resources - The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified (http://www.historvcolorado.orq/oahp/file-search). Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file searches at (303) 866-3395. Paleontological Resources - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder (https://cumuseum.colorado.edu/research/paleontology/vertebrates/policies), and the Denver Museum of Nature and Science (http://www.dmns.orq/science/collections/earth-science-collections/) to ascertain if paleontological resources have been previously identified in or near the permit area. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information: See the museum websites listed above for Paleontological Collections Manager contact information. Contact the CDOT Paleontologist for further information at nicole.peavey(a�state.co.us or (303) 757- 9632. The CDOT Paleontologist will not conduct a comprehensive file search independently of the museums. Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Information: Theresa Santangelo-Dreiling, CDOT Hazardous Materials Project Manager, (303) 512-5524, or Andy Flurkey, (303) 512-5520. Asbestos Containing Materials, Asbestos Contaminated Soil - All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos-contaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's (HMWMD) Solid Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation May '16 Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT projects is available from the CDOT Asbestos Project Manager (303) 512- 5519, or Theresa Santangelo-Dreiling, Hazardous Materials Management Supervisor (303) 512-5524. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 permits, including nationwide permits, which are issued for activities with relatively minor impacts. For example, there is a nationwide permit for utility line activities (nwp #12). Depending upon the specific circumstances, it is possible that either a "general" or "individual" 404 permit would be required. If an individual 404 permit is required, section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (contact information above). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project measured by valley length. The CPW application, as per guidelines agreed upon by CDOT and CPW, can be accessed at http://www.coloradodot.info/programs/environmental/wildlife/quidelines. Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Permit. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits and https://colorado.gov/pacific/cdphe/wq-commerce-and- industry-permits. Construction Dewatering (Discharge or Infiltration) and Remediation Activities - Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering or Remediation Activities Discharge Permit. Contact Information: For Construction Dewatering and Remediation Activities Discharge Permits, contact the CDPHE WQCD at (303) 692- 3500. For Applications and Instructions (CDPHE website): https://www.colorado.gov/pacific/cdphe/wq-construction-general-permits._ Municipal Separate Storm Sewer System (MS4) Discharge Permit - Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act, the Water Quality Control Commission (WQCC) Regulations (https://www.colorado.00v/pacific/cdphe/wgcc-requlations-and-policies-and-water-quality-statutes) and the CDOT MS4 Permit # COS - 000005 (https://www.codot.gov/programs/environmental/water-quality/documents). Discharges are subject to inspection by CDOT and CDPHE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits or go to https://www.colorado.govpacific/cdphe/wq-municipal-ms4-permits. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains, water line flushing, flows from riparian habitats and wetlands, and flow from firefighting activities. Allowable non-stormwater discharges can be found at https://www.codot.gov/programs/environmental/water- qualitv/glossarv.html. Contact Information: The CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements will be specified in that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT Standard Specifications 107.25 and 208. All disturbances require a stabilization plan, native seeding or landscape design plan according to applicable CDOT Standard Specifications 212-217 and 623. In any case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: https://www.codot.gov/programs/environmental/landscape- arch itecture/erosion-storm-quality. Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation May '16 Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes," and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact CDPHE (telephone #'s listed above). Noxious Weeds and Invasive Species Management Plan — Noxious Weeds and Invasive Species guidance can be found by contacting the Colorado Department of Agriculture (https://www.colorado.gov/pacific/agconservation/noxiousweeds) and the Colorado Division of Parks and Wildlife (http://cpw.state.co.us/aboutus/Pages/RS-NoxiousWeeds.aspx). In either case, management plans involving the control of noxious weeds associated with the permitted activity and cleaning of equipment will be required. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact CDPHE or find additional information on the CDOT website: https://www.codot.gov/business/designsupport/2011-construction- specifications/2011-Specs and refer to the specifications and their revisions for sections 101, 107 and 208. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. More information can be found at https://www.colorado.qov/pacific/cdphe/emergency- reportinq-line. About This Form - Questions or comments about this Information Summary may be directed to Alex Karami, Program Administrator, CDOT Access Management Unit, at (303) 757-9841, alex.karami@state.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation May '16 EXHIBIT Topic Summary 1. Summary of Request 2. About Aspen Valley Polo Club 3. Site Plan Overview 4. Proposed Land Uses 5. Planning & Development Schedule 6. Conditions of Approval Summary of Request • PUD Amendment: — Reduction in number of allowed dwelling units, from 89 to 54 total. — Maintain and allow additional agricultural land uses for the purpose of breeding, training, and competing horses. 3 About Aspen Valley Polo Club • Aspen Polo Partners' Leadership • Current Facilities • A.P.P.'s Project Vision 4 Plan Overview —Zone Districts ; L7,7 ' 7 ry/ty rra/f4/rgft'/ NE4aISTRI T/V4aD/urefarrt/PUeor allowaid/s/tfatt<*ensit/ f'f;. '#':1%0"1'0'?// ' i �IriJ,f�jt / ,/// \\V\s, </,..\\ \\,,,,•\, \-\•s '‘‘.. ,s ';!,,.\ ,. .\.,,,,',te t :. 51.21,x► re_ (re roto ' ' '``G \ \cir4illow \� 'd' use standards and `densities: `;, •`tib' +� . i1_ :►� �� k'��\a�\� tai Zone District 1 Uses: Polo Fields • 2 Polo Fields — approx. 12.5 acres each. Zone District 1 Uses: Barns • 5 horse barns + 1 maintenance barn. A 8 Zone District 1 Uses: Clubhouse • Approx. 4500 sf; support community events. y worm . sfa vi JNS* * •'N ,oJti EItVjw1Ia4.J 9 Zone District 1 Uses: Cabins • 4 cabins, approx. 1100 sf each. T E LEW-11c51.4 I.4f Y.1h• s_ -4 10 Zone District 2 Uses: Residential & Open Space • Up to 42 dwelling units; SFR or 2 -unit. 11 Land Use Summary Total Acres 100.44 +/- 49.23 +/- 51.21 +/- Minimum Open Space Percent 50% 21% (of total PUD) 29% (of total PUD) Minimum Open Space Acres 50.22 +/- 21.09 +/- 29.13 +/- Minimum Lot Size 0.75 acres 0.25 acres Maximum Number of Dwelling Units 54 12 42 Maximum Dwelling Units per Lot 4 1 Maximum Overall Density (Acres per Dwelling Unit) 1.9 AC/DU 4.1 AC/DU 1.2 AC/DU 12 Planning & Development Process • PUD Amendment - in process • Preliminary Plan — 2018 • Final Plat — 2019 • Spring 2018 —begin construction of polo fields and infrastructure in Zone District 1. • 2019-2020 —infrastructure for Zone District 2. 13 Condition #1 Suggested Revisions to Condition 1#1: 1. Access Permit and Improvements: The accesses to the development from Old Highway 82 are required to obtain a permit from CDOT. Prior to issuance of a building permit within the PUD, the property owner shall obtain an access permit from CDOT, receive a Notice to Proceed, and complete all rcquircd onsite and offsite improvements as required by the CDOT access permits. Copies of the design drawings, access permit, notice to proceed, and demonstration that the work has been completed shall be submitted to the Garfield County Community Development Department and accepted by the County designated engineer. 14 Condition #24 Suggested Revisions to Condition #24: 24. Affordable Housing Agreement / Plan: At the point 15 or more residential Tots are created through subdivision, as defined in Article 8 of the LUDC, the development is required to provide Affordable Housing. As a result, at the time of Preliminary Plan submittal to create 15 or more residential Tots, the property owner shall submit an Affordable Housing Agreement / Plan in conformance with the PUD Guide and Article 8 of the LUDC. The Agreement / Plan shall be reviewed, accepted, and executed by the property owner and BOCC. 15 Condition #27 This Condition reads as follows: 27. Anglers Easement: At the time of subdivision, the property owner shall provide a public fishing easement along the Roaring Fork River to extend the angler's easement at Blue Creek Ranch. Suggested Revisions to Condition #27: This Condition is intentionally deleted. 16 Condition #28 Suggested Revisions to Condition #28: 28. Southeast BLM Parcel: As part of the public improvements to be constructed by the Applicant and secured in the Improvements Agreement as part of the Final Plat Application, the Applicant shall construct a wildlife -friendly fence to a, design specification consistent with the BLM's help prevent disturbance of the Ute's Ladies Tresses on the BLM parcel +r+ adjacent to the southeast portion of the development. 17 Condition #30 Suggested Replacement of Condition #30: 30. Offsite Improvements: The Applicant shall pay $25,000 as mitigation for traffic impacts from the project, which payment shall be secured by the Subdivision Improvements Agreement and made as a one-time payment to Garfield County at the time of Final Plat. 18